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HomeMy WebLinkAbout2.0 PC Staff Report 12.10.2008PC 12/10//08 DD PROJECT INFORMATION AND STAFF COMMENTS • REQUEST Sketch Plan: Clark Subdivision (to be renamed Rilee Subdivision' due to duplication of Clark) APPLICANT / OWNER David and Angela Clark LOCATION / ACCESS South of Rulison on County Road 301, addressed as 6750 County Road 301 PROPERTY SIZE 40.715. acres SITE DATA 3 residential lots (lots average 13.39 acres) WATER Shared well SEWER ISDS EXISTING & ADJACENT ZONING A/R/RD (Agricultural/Residential/Rural Density) RELATIONSHIP TO COMPREHENSIVE PLAN Area 2, Outlying Residential, outside of municipal Spheres of Influence I. BACKGROUND The proposal is a 3 -lot subdivision on a 40+ acre tract between Parachute and Rulison. II. GENERAL PROJECT INFORMATION • The property is generally located about 1.5 about 2.75 miles south of Rulison. The property is bordered on the north by CR 301, where all lots will take their access. The property slopes gently south to north. • The proposal is to subdivide a 40.175 acre property into 3 residential Tots that are range from 5.016 acres to 30.683 aces in size, averaging 13.39 acres. There is no mention of dwellings other than three (3) single family residences as there is a shared well and the land is constrained for irrigation water. toz LOOKING NORTH • • FN istin„ 11()f?SI 2 • • III. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is on the Study Area 3 map, outside of any municipal 'sphere of influence' in the Outlying residential zone. This parcel is designated as `Irrigated- Inadequate Water' on the Garfield County Agricultural Lands Map (See map page 4). In the narrative, the Applicant acknowledges this lack of irrigation water for the parcel and proposing to limit the irrigated provided by a shared well to `irrigation of not more than one acre of home gardens, and the watering of domestic animals.' Covenants (if an HOA is proposed) or a plat note restricting these parcels to preclude guest houses and ADUs is recommended. The Applicant shall be required to demonstrate how the proposed development conforms to and is consistent with the goals, objectives, policies, and land use map of the Comprehensive Plan in the Preliminary Plan application. IV. APPLICABLE ZONING REGULATIONS The following is an analysis of the proposed development with the required zoning regulations of the ARRD zone district. A. Proposed Uses in ARRD Zoning The Applicant proposes single-family residential development on all 3 lots which is a "use by right" in the A/R/RD zone district and is therefore consistent with the underlying zone district. For other uses, the Applicant should consult Section 3.02 of the Zoning Resolution of 1978, as amended.. B. Common Dimensional Requirements in ARRD Zoning 1. Minimum Lot Size of 2 acres: The Applicant proposes the 40.175 -acre property be subdivided into three lots. Each lot is greater than minimum lot size in the zoning.. This proposed acreage satisfies the zoning requirements for ARRD. 2. Maximum Lot Coverage: Fifteen percent (15%) 3. Minimum Setback: o Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; o Rear yard: Twenty-five (25) feet from rear lot line; o Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. 4. Maximum Height of Buildings: Twenty-five (25) feet C. Floodplain Regulations The property lies outside of areas mapped for floodplain, soil, and geo-hazard concerns. The topography and soil types are mapped, however, and there are generally no concerns for compatibility for ISDS installation and operation. D. Lot Area Regulations The lots meet the lot area regulations. 3 V. APPLICABLE SUBDIVISION REGULATIONS The following section addresses common subdivision components that will need to be addressed as part of any Preliminary Plan and Final Plat submittal to the County. A. Domestic & Irrigation Water The Applicant proposes to provide domestic water to the 3 Tots from an existing well 210028. A well sharing agreement is proposed to be drafted by the Applicant that clearly defines the rights and maintenance for the well, the associated pump .facilities and the waterline easements. Regarding irrigation, the Applicant is required to provide a source of adequate irrigation water to each lot pursuant to Section 9:51 of the Subdivision Regulations. The Applicant stated this may be provided by a shared well, and administered by a well -sharing agreement that will be developed and signed by all three lot owners. Proof of the ownership and viability of the well to be shared has been stated in this application and shall be submitted with the Preliminary Plan application. Some basic questions to be answered should include how the water use within the stated limits will be administered. A jointly -maintained tank for irrigation (or fire flow) might be useful if the well faces a long recovery time or in this area where there is a moderate EMS response time. Preserving the life of the pump and reducing energy costs associated with the pump is of mutual concern to the owners of all three lots. Agricultural Lands, Garfield County, Colorado ED PRIME, IRRIGATED E D PRIME IF IRRIGATED 0 IRRIGATED, NOT PRIME ® IRRIGATED, INADEQUATE WATER D INADEQUATE WATER. PRIME IF IRRIGATED ▪ HI POTENTIAL DRY, PRIME IF IRRIGATED (NORTH OF SILT • Other requirements for the Preliminary Plan application include the following: Section 4:91 of the Subdivision Regulations requires that a water supply plan, at the same scale as the Preliminary Plan, shall provide the following information in graphic and/or written form: A. In all instances, evidence that a water supply, sufficient in terms of quality, quantity and dependability, shall be available to ensure an adequate supply of water for the proposed subdivision. Such evidence may include, but shall not be limited to: 1. Evidence of ownership or right of acquisition or sue of existing and proposed water rights; 2. Historic use and estimated yield of claimed water rights; 3. Amenability of existing right to change in use; 4. Evidence that public or private water owners can and will supply water to the proposed subdivision, including the amount of water available for use within the subdivision by such providers, the feasibility of extending service to the area, proof of the legal dependability of the proposed water supply and the representation that all necessary water rights have been obtained or will be obtained or adjudicated, prior to submission of the final plat; and 5. Evidence concerning the potability of the proposed water supply for the subdivision. B. If a central supply and distribution system is to be provided, a general description of the system, as designed by a Colorado registered engineer. In addition: 4 • • • 1. Nature of the legal entity which will own and operate the water system; and 2. Proposed method of financing the water system. C. If connection is to be made to an existing water system, a letter from an authorized representative of said system staging that the proposed development will be served, and evidence from either the Colorado State Engineer's Office or Water Court, Water Division No. 5, that the existing water system presently possesses adequate legal water supply to serve the proposed development; D. If individual water systems shall be provided by lot owners, a report indicating the availability of ample potable ground water at reasonable depths throughout the subdivision and the expected quality and long-term yield of such wells, with the written report by a registered professional engineer licensed by the State of Colorado, qualified to perform such work; and E. If applicable, a Plan of Augmentation and a plan for subdivision water supplies, as required by law, with the supporting engineering work signed by a Colorado registered engineer, shall be submitted by the applicant, even if the applicant is not the actual supplier of water. Section 9:51 requires an adequate potable and irrigation water supply shall be available to all lots within a subdivision, taking into consideration peak demands to service total development population, irrigation uses, and adequate fire protection requirements in accordance with recognized and customary engineering standards. 9:52 Individual wells may be used as the water supply, provided the applicant has submitted the required documentation to the appropriate water court, and the Colorado Division of Water Resources will approve well drilling permits for all lots within the development. 9:53 Central water systems shall be designed by an engineer qualified to design water systems and be a registered professional engineer licensed by the State of Colorado. Central water and treatment and storage facilities shall be approved by the Colorado Department of Health. All lines in a central water system should be looped, with no dead ends included in the system. Where dead ends are proposed for cul-de-sacs, there will either be a fire hydrant or blow -off valve at the end of the line. 9:54 Water supply stems, on -lot or otherwise located in a floodplain, shall be designed to minimize or eliminate infiltration and avoid impairment during or subsequent to flooding. 9:55 All water mains shall be a minimum diameter of four inches (4"), provided storage facilities adequate for fire protection are available. B. Waste Disposal The Applicant proposes the lots have ISDS sanitary facilities. The soils on the property are predominantly Morval and Vale. The soil types are reported to generally be 'deep, well -drained, gently sloping to moderately sloping' —generally suitable for sanitary facilities. The Applicant calls for the septic systems to be designed by an engineer licensed in the State of Colorado. 5 As part of the submittal materials, a report from by Sylvia White, Staff Geologist, Yeh & Associates, Inc, Consulting Engineers & Scientists of Glenwood Springs, reviewed by Richard Johnson, PE, dated 4/17/2008 (which appears in the submittal), states that radiation tests were performed on the site. it was found to have a reading typical for the area. Recommendations for the installation and management of radon were included. C. Roads / Access The property is fronted on the north by CR 301 with a non -surfaced access drive to Lot 2, the lot with the existing residence. The Applicant does not depict an on Lot 1, and the access on Lot 3 is depicted to be via an existing gate. The estimated trip generation from this subdivision is 30 trips per day, based on a nationally accepted ITE standard of 9.55 trips per day per residence. There are no public or private streets to be considered. Were there streets to consider, Section 9:34 requires that all streets be constructed to standards consistent with these regulations. To prevent dragging mud, gravel and debris onto the County roadway, it is recommended that the apron be surfaced and graded no less than 25' from the edge of the surfaced roadway. All driveways shall have a permit from Garfield County Road & Bridge. D. Fire Protection The property is located in the Grand Valley Fire Protection District. The location is near the eastern edge of the service provider's District, and has the potential for a moderate response time. Recommendations for proper site identification for EMS response and fire flow should be solicited from the District and incorporated in the Preliminary Plan. There is a pond, but it seems to be unlined and empty. There is no mention of water storage tanks for either culinary reserve or fire flow. In this shared setting, tanks for the storage of water might prevent the pump from constantly being in use. Water storage for fire flow may be considered, as well. While individual lot owners do not generally know what is required to manage water storage tanks for fire flow, properly maintained storage tanks are a dependable water source for emergency responders. Statements shall be required in the Preliminary Plan as to how the proposed subdivision shall satisfy adequate fire protection and needs. In regard to wildland fire risk, the site is depicted as a low hazard area'. The Applicant shall be required to address the following sections of the subdivision regulations in the Preliminary Plan application. 9:71 Subdivision fire protection plans shall be reviewed by the appropriate fire protection district to ensure that all lots have primary and secondary access points to escape fire entrapment. 9:74 Water used for fire protection purposes does not have to be potable water and may be from a source separate from the domestic supply. 6 • • E. Drainage The property slopes in a relatively gentle manner from south to north. Roadside ditches may be used to mitigate and contain stormwater runoff. The Applicant will be required to address the following: 4:80 SUPPLEMENTAL INFORMATION: DRAINAGE PLAN A drainage plan, at the same scale as the Preliminary Plan and prepared by an engineer registered in the State of Colorado, shall depict the following information in graphic and/or written form: A. Existing water courses and lakes; B. Limits of tributary areas, where practical; C. Computations of expected tributary flows; and D. Design of drainage facilities to prevent storm waters in excess of historic run-off from entering, damaging or being carried by existing drainage facilities, and to prevent major damage or flooding of residences in a one hundred (100) year storm, showing: 1. Area subject to inundation; and 2. Location and size of proposed culverts, bridges, ditches and channels. 9:41 Drainage easements, channels, culverts and required bridges shall be designed by an engineer registered in the State of Colorado. 9:42 All drainage facilities shall be designed based on a twenty-five (25) year frequency storm. 9:43 Where new developments create run-off in excess of historic site levels, the use of detention ditches and ponds may be required to retain up to a one hundred (100) year storm. 9:44 All culverts shall be designed such that the exposed ends are protected by encasement in concrete or extended a minimum of three feet (3') beyond the driving surface on each side. Culverts, drainage pipes and bridges shall be designed and constructed in accordance with AASHO recommendations for an H-20 live load. F. Wildlife The Applicant shall be required to address the following at Preliminary Plan: 4:70(D) Wildlife - Description of wildlife habitation, including big game ranges based on the mapping practices of the Colorado Division of Wildlife. MULE DEER: Winter Range Legend Mule Deer, Migration Patterns Mule Deer. Severe Winter Range Mule Deer, Winter Concentration Areas Mule Deer Winter Range WILD TURKEY Legend Wild Turkey, Field Sighting Wild Turkey, Overall Range Wild Turkey, Production Area Wild Turkey, Roosting Sae INN 1 1 1 1 1 Wild Turkey, Winter Range Q City or Town On the Wildlife Habitat Maps for Garfield County GIS, the property is mapped as 'overall range' for Mule Deer, Elk, Black Bear and Wild Turkey. The area is identified 'winter range' for Elk and Mule Deer and is shown to be a 'Concentration Area' on winter range for both.The maps also show the area to be a production area for Wild Turkey, and an area used by Golden Eagles as well. Fencing types recommended by the Colorado Division of Wildlife should be required in this area. G. Soils / Geology The soils on the property are portrayed on the County Soils map as Morval- Vale. The soil type is reported to generally be `deep, well -drained, gently sloping to steep soils on mesas, alluvial fans, terraces, benches'. Use of these soils for sanitary facilities and as a source of construction may be acceptable. If it is deemed necessary by Garfield County engineering review, all foundations shall be engineered by a Professional Registered Engineer within the State of Colorado, and a note shall be added on the plat to that effect. Applicant shall also address the following section plan: 4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND WILDLIFE Information on the following characteristics of the area proposed for subdivision shall be shown graphically and/or by reports, whatever is appropriate, for a complete description of existing conditions, and shall include: in the Subdivision Regulations for preliminary MORVAL•VILLA GROVE Deep, well drained, moderately sloping to moderatey steep soils on mesas, mountainsides and allwiai fans. POTTS•ILDEFONSO-VALE Deep, well drained gently sloping to steep soils on mesas, alluvial Fans, terraces and benches. A. Geology - Description and/or illustration by a registered professional engineer licensed by the State of Colorado of bedrock lithology and the stratigraphy of overlaying unconsolidated materials in sufficient detail to indicate any potential development problems resulting from groundwater, subsidence, instability in road excavations and ills, expansive soils, drainage patterns, structural bearing strength, or the like; H. Vegetation The Applicant shall be required to provide a weed inventory and management plan to be approved by the County Vegetation Manager as well as provide a re -vegetation security prior to final plat to ensure that any required re -vegetation is established for improvements made in the subdivision. The Applicant shall also address the following section in the Subdivision Regulations: 4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND WILDLIFE 8 • • • 1. Vegetation - Map and description of plant associations following practices of the Soil Conservation Service and including a description of adapted materials and the location of major tree masses. J. Mineral Estate It is unclear if the property's mineral estate has been severed and is owned or leased to another party. If so, the Applicant shall include a plat note on the final plat stating the following: "The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." K. Easements The Applicant shall provide the recorded documents establishing the easements as part of the Preliminary Plan for review by the County Legal Staff, in specific for utility corridors and as related to the shared well. L. Assessment / Fees The property is located in Traffic Study Area 1 which requires a $276.00 per average daily trip (ADT) fee be paid to the County in a traffic impact fee. This fee will be figured at the time of final plat, and one-half shall be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). The remaining half shall be divided among the lots to be paid at the time building permits are submitted to the County for individual lot development. The development is also located in the Garfield 16 School District. As such the developer is required to pay the appropriate School Site Acquisition Fee to be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). This fee is generally calculated as $200 per residential unit. If the parcel is to permit an ADU, an additional assessment shall be paid as part of the SIA. M. Recommended Plat Notes/ Covenants Please be aware, the County requires the Applicant place the following plat notes be included on the final plat and in protective covenants: 1. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. 2. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. • 3. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, 9 controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 4. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 5. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. 6. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. All foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. 8. Additional dwelling units beyond a single family dwelling are not permitted. . N. Sketch Plan Comments and Preliminary Plan Review The Sketch Plan comments shall be valid for a period not to exceed one (1) year from the date of the Planning Commission review. Under the present Land Use Code, if a Preliminary Plan for the proposed subdivision is not presented to the Garfield County Planning Commission by that date, the Applicant will have to submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application. 10