HomeMy WebLinkAbout2.0 PC Staff Report 06.12.2002PC 06/12/02
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: A request for review of a Preliminary Plan for a four
(4) lot subdivision on 5227 acres
APPLICANT: John and Susanne Clark
ENGINEER: Gamba and Associates
LOCATION: 3523 County Road 103
WATER: Well
SEWER: Individual sewage disposal systems (ISDS)
ACCESS: County Road 103
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of 2000, this site lies in a Medium
Density Residential Area. This district recommends six (6) to less than ten (10) acres per
dwelling unit. The applicant is proposing that each of the lots will have a primary
residential residence with an accessory dwelling unit. This provides for an overall density
of 6.53 acres per dwelling unit. Given this density, the application is in conformance
with the Comprehensive Plan.
II. PROJECT INFORMATION
A. Site Description: This site is a 52.27 acre parcel in the Missouri Heights area directly
adjacent to County Road 103. An existing ranch house with associated outbuildings is at
the northwest portion of the property. Vegetation on the site consists of pinion and
juniper with open meadows of irrigated pasture, grasses, and weeds.
1
B. Development Proposal: The applicant is proposing to divide a 52.27 acre parcel into four
lots ranging from 10 to 20 acres apiece. Each lot is proposed to have a primary residence
in addition to an accessory dwelling unit. Water will be serviced by individual wells and
separate ISDS systems will handle septic needs. Lot 1 currently has an existing residence
and accessory outbuildings. The existing house has a permitted access point and
driveway off of County Road 103. The existing permitted access will also be shared by
the proposed Lot 2.
C. Adjacent Land Uses: Residential and agricultural land uses surround the site.
III. REFERRAL AGENCIES:
A. Mt. Sopris Soil Conservation District: No comment received
B. Town of Carbondale: No comments received.
C. Carbondale Fire District: Bill Gavette, Deputy Chief, responded to this application
with comments regarding access, water supply, wildfire hazards, and impact fees.
His main recommendations were to have fire sprinklers installed in all the new
residences due to the lack of water supply for fire protection, recommendations of
the Colorado State Forest Service should be followed to mitigate wildfire hazards,
and the applicant will be subject to development impact fees of the Carbondale
Rural Fire Protection District. Please see attached letter, Exhibit A.
D. RE -1 School District: No comments received.
E. Colorado Division of Water Resources: Kenneth Knox, Assistant State Engineer
responded to this application with comments regarding the decreed amounts of
uses within the current well permit for the existing house and the lack of well
applications for the three additional wells covered by the augmentation plan.
Kenneth also noted on the lack of information provided for the physical adequacy
of water. It should be noted that the applicant has submitted an additional report
from Resource Engineering regarding the physical adequacy issue. For Kenneth
Knox's letter, see Exhibit B. For the Resource Engineering report regarding the
physical supply of water, see Exhibit I.
F. Colorado Geological Survey: Celia Greenman, Geologist, responded to the
application with comments regarding drainage, soil, and the ISDS systems.
Overall, CGS has no objections to the development provided the
recommendations of CTL Thompson are complied with. See attached letter,
Exhibit C.
G. Garfield County Road & Bridge: Doug Thoe, District Foreman, responded to this
application and stated that the proposed access points are acceptable to Road and
Bridge as both points meet site distance requirements. See attached letter, Exhibit
D.
H. Colorado Div. of Wildlife: Kelly Wood, District Wildlife Manager, responded to
2
the application with recommendations to minimize impact on wildlife in regards
to dogs, cats, fencing, bears, trash removal, riparian wetlands, and the education
of residents. See attached letter, Exhibit E.
Garfield County Vegetation Management: Steve Anthony, Vegetation
Management Director, responded to the application with noxious weed concerns.
Steve is requesting that the applicant provide a map and inventory any Garfield
County Noxious Weeds found on the property. Additionally, it is requested that
the applicant provide a weed management plan for any noxious weeds found on
the property and include it within the subdivision covenants. See attached memo,
Exhibit F.
The applicant and Gamba Engineering have responded to the referral comments of the
Colorado Geological Survey, the Carbondale Rural Fire Protection District, the
Colorado Division of Wildlife, and the review comments made by Colorado River
Engineering. Please see attached letters Exhibit G and H. The applicant has also
represented many of these comments within the subdivision covenants.
IV. STAFF COMMENTS
A. Comprehensive Plan: The proposed density is one dwelling unit per 6.53 acres, which is
within the Comp Plan's suggested density of one (1) dwelling unit per 6 to 10 acres. This
application is therefore in compliance with the Garfield County Comprehensive Plan.
B. Zoning: A single family dwelling is a use by right in the A/R/RD zone district. Accessory
uses are allowed if they are part of a public hearing or meeting on a subdivision. The
applicant should be aware of the following zoning requirements:
Maximum Lot Coverage: Fifteen percent (15%)
Minimum Setback:
(1) Frontyard: (b) local streets: fifty (50) feetfrom street centerline or twenty-five (25) feet
from font lot line, whichever is greater;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal
building, whichever is greater.
Maximum Height of Buildings: Twenty-five (25) feet.
Section 3.6 within the subdivision covenants state that the maximum height for a structure
shall be 27 feet. Per the regulation listed above, this should be changed to 25 feet.
3
Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations).
5.03.21 Accessory Dwelling Unit: Use of a structure as an accessory dwelling
whether approved by Special Use, use by right in a new subdivision
approval, or on an existing lot must meet the following standards, as well as
all other standards applicable to residential use:
(1) The minimum lot size shall be four (4) acres containing a building site with
slopes less than 40% at least two (2) acres in size.
(2) The gross floor area for residential use occupancy shall not exceed 1500
sq. ft.
(3) Approval from the subdivision homeowners association and/or allowed by
covenant if applicable.
(4) Proof of a legally adequate source of water for an additional dwelling unit.
(5) Compliance with the County individual sewage disposal system regulations
or proof of a legal ability to connect to an approved central sewage treatment
facility.
(6) Only leasehold interests in the dwelling units is allowed.
(7) That all construction complies with the appropriate County building code
requirements. (A.95-076)
C. Soils/Geology: CTL Thompson performed a geologic evaluation on this property on
January 21, 2002. The findings of this study included the presence of natural silty to
sandy clays varying from slightly to moderately expansive coupled with variable densities
of gravels. CTL Thompson has provided several recommendations regarding
development in this area. The following recommendations will be included as conditions
of approval: the irrigation ditches that will remain in use near the proposed homesites
shall be lined to prevent seepage to foundation areas; where moderately expansive
material is present at proposed footing elevations, mitigation in the form of specially
designed footings or overexcavation of the expansive soil shall be instigated; utility
trenches shall be sloped or shored to meet local, State, and Federal regulations; and, a
site-specific geotechnical study and design shall be completed for construction on each
lot. It should also be noted that, in the opinion of CTL Thompson, radiation levels
detected on the site are considered to be consistent with normal background radiation in
the area.
D. Road/Access: The existing house on the proposed Lot 1 currently has a permitted
driveway off of County Road 103 on the northern portion of the property. Access for Lot
2 is proposed to share this driveway and have an access easement over Lot 1 leading to
Lot 2. Lots 3 and 4 are to have a shared access point off of CR 103 on the southeastern
portion of the property. Gamba engineering has provided a centerline profile for the
proposed driveway accessing these lots showing that the steepest grade encountered is
4
8.03%. Garfield County Road and Bridge has responded to this application saying that
access locations the applicant has proposed meet site distance requirements and are
essentially acceptable. The applicant will have to obtain the appropriate driveway
permits from Road and Bridge for access and follow any recommended conditions of
driveway design from Road and Bridge by the time of Final Plat.
E. Fire Protection: Bill Gavette, Deputy Chief, responded to this application requesting that
all new residences within the subdivision have automatic fire sprinklers installed due to
the fact that the applicant has not provided a water supply for fire protection. The Deputy
Chief has also recommended that defensible spaces and/or fire resistant building
construction features should be implemented within the subdivision area following the
recommendations of the Colorado State Forest Service. The applicant has agreed to these
provisions and has included these elements sufficiently within the subdivision covenants.
Staff would also recommended that the requirement of sprinklered residences be
included as a Plat Note to provide further alert of future lot owners. Additionally, this
subdivision will also be subject to Carbondale Rural Fire development impact fees, to be
determined, by the time of Final Plat.
F. Domestic Water / Irrigation Water: The applicant is proposing to provide water through
individual on-site wells, consisting of an existing well (permit no. 20095) for Lot 1 and
three additional wells to be approved pursuant to an augmentation plan decreed in Case
No. 81CW292. The applicant also owns 88 shares in the Needham Ditch, which have
been used to irrigate 12.6 acres on the property. At this time it has not been represented
the Needham Ditch irrigation rights will be divided amongst the four lots. If continued
irrigation use is to occur on the property, Staff recommends that an easement should be
shown on the plat for the existing delivery ditch. If the water rights are to be divided
among the lots, then a cost sharing agreement should be developed to address
maintenance and replacement for the sections of water delivery system jointly used by the
lots. The applicant should be aware of Section 9:51 of the Subdivision Regulations
which states the following:
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.
The applicant has supplied a report done by Resource Engineering, regarding the legal
water rights and plan of augmentation as requested by Garfield County Engineering
Consultant, Chris Manera, See Exhibit J. The applicant therefore appears to have the
legal rights to the water. In a subsequent report by Resource Engineering dated May 1,
5
2002, See Exhibit K, the results of a four hour pump test taken on April 30, 2002 on the
existing well on the property show that a reliable physical supply of water exists on the
site. Both reports, as per Chris Manera's comments dated May 24, 2002, Exhibit L, will
need a engineer's seal. The applicant has not provided, however, and water quality tests
concerning the subject water to be used. The applicant will be required to provide a water
quality test for bacteria, nitrate/nitrites, and total suspended solids by the time of Final
Plat.
G. Wastewater: An individual sewage disposal system (ISDS) is proposed for each new lot
to be created. During the initial Geotechnical Study done by CTL Thompson in January
of 2002, a percolation test could not be performed due to the winter conditions. A report
dated May 1, 2002 by Gamba and Associates, See Exhibit M, shows that acceptable
percolation rates exist within the vicinity of the proposed building envelopes for ISDS
systems. Each system will require more site specific testing and design prior to the
issuance of a septic permit.
Section 4:92 E (of the Garfield County Subdivision Regulations) requires that a proposed
management plan for the operation and maintenance of on-site systems be provided. The
applicant has provided an ISDS management plan, prepared by Gamba & Associates, but
has not demonstrated how this information will be distributed to future lot owners. Staff
recommends that this information be included within the subdivision covenants.
11. Drainage: A drainage study was done by Gamba & Associates on February 12, 2002.
Within this study it was determined that the peak run-off rate for Sub -Basins A and B, as
defined on Sheet 1 of the study, decreased for the post -development condition due to the
lower rate of runoff associated with the additional lawn area to be introduced within the
property. It was also determined that the increased rate of run-off from Sub -Basins C, D,
and E is negligible and is within the level of accuracy associated with the TR -55
methodology. The applicant, therefore, does not propose any drainage mitigation due to
the negligible difference between the pre -developed and the post -developed flow rates.
Wildlife: The Division of Wildlife has responded to this application with suggestions to
mitigate impacts to wildlife in the area. Some of these suggestions include: each lot shall
only be permitted to have one dog and offspring of up to three months old; all dogs must
be kept on the owner's property at all times; domestic animals shall be kept so that they
are not a nuisance to the neighborhood; fencing should be held to a minimum with a
maximum height of 42" and 12 " in width (top view) and an opening in the lower half of
at least 16" to allow the passage of deer fawns and elk calves; and, the applicant shall use
bear -proof trash cans. These suggestions have been included within the subdivision
covenants.
6
J. Assessment / Fees: This subdivision is located in Traffic Study Area 11, which requires
$384.00 per determined ADT for each residence by the time of Final Plat. School impact
fees and Carbondale Rural Fire Protection impact fees, as to be determined, will also need
to be paid at the time of Final Plat.
K. Other: The following plat notes shall be included on the Final Plat:
1. "No further subdivision of these lots shall be allowed."
2. "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."
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,
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 new structures shall have engineered foundations per CTL Thompson report
dated January 21, 2002 recommendations."
5. "Each residential unit, including accessory dwelling units, will be required to have an
automatic fire sprinkler system installed in accordance with NFPA 13D, Standard for
the Installation of Sprinkler Systems in One and Two -Family Dwellings and
Manufactured Homes."
6. "All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward, towards the interior of the subdivision, except that provisions
may be made to allow for safety lighting that goes beyond the property boundaries."
7. "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."
7
V. RECOMMENDED FINDINGS
1. That proper posting and public notice was provided, as required, for the hearing
before the Planning Commission;
2. That the meeting before the Planning Commission was extensive and complete, that
all pertinent facts, matters and issues were submitted and that all interested parties
were heard at that hearing;
3. That for the above stated and other reasons, the proposed subdivision is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County;
4. That the application is in conformance with the 1978 Garfield County Zoning
Resolution, as amended;
5. That the application is in not conformance with the Garfield County Subdivision
Regulations of 1984.
VI. STAFF RECOMMENDATION
6P/
Staff recommends that the Planning Commission recommend APPROVAL oft Subdivision
Preliminary Plan to the Board of County Commissioners, with the following conditions:
1. That all representations made by the applicant in the application, and at the public hearing
before the Planning Commission, shall be conditions of approval, unless specifically
altered by the Planning Commission.
2. The applicant shall inventory and map any noxious weeds as listed on the County
Noxious Weed list and submit a weed management plan approved by the Garfield County
Vegetation Director. The weed management plan shall be included within the
subdivision covenants.
3. The appropriate Traffic Study area fees in the amount of $384.00 per determined ADT
minus the appropriate discounts will be paid at the time of Final Plat. School fees and
Carbondale Rural Fire District impact fees, as to be determined, will also be paid at the
time of Final Plat.
4. The applicant shall provide a water quality test for nitrates/nitrites, bacteria, and
suspended solids for all wells to be located on the property by the time of Final Plat.
8
5. The ISDS management plan done by Gamba and Associates dated February 18, 2002
shall be included within the Subdivision Covenants.
6. Section 3.6 of the Subdivision Covenants shall be amended to state that the maximum
height of buildings within the subdivision will be 25 feet instead of 27 feet pursuant to
Section 3.02.07 of the Garfield County Zoning Regulations by the time of Final Plat.
7. The applicant shall obtain driveway permits for all newly created lots from the Garfield
County Road and Bridge Department by the time of Final Plat.
8. The following recommendations made by CTL Thompson in their report dated January
21, 2002 shall be complied with:
l a) The irrigation ditches that will remain in use near the proposed ho e5ite����d
p b) shall be lined to prevent seepage to foundation areas. Su vI
V c) d
Where moderately expansive material is present at propose footing die A pea
elevations, mitigation in the form of specially designed footings or G�/�
overexcavation of the expansive soil shall be instigated.
d) Utility trenches shall be sloped or shored to meet local, State, and Federal
regulations.
e) A site-specific geotechnical study and design shall be completed for
construction on each lot.
9. The applicant shall provide irrigation water to all lots within the subdivision pursuant to
Section 9:51 of the Subdivision Regulations. The applicant shall provide an irrigation
plan for Staff approval by the time of Final Plat.
10. The following reports shall bear the seal of a certified engineer:
a) The Resource Engineering water report submitted by Paul Bussone dated
November 28, 2000
b) Letter dated May 1, 2002 from Paul Bussone regarding the 4 hour pump
test on Lot 1 of the Clark Subdivision.
11. The following Plat notes shall be included on the Final Plat:
a. "No further subdivision of these lots shall be allowed."
b. "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."
c. "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,
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."
d. "All structures shall have engineered foundations per CTL Thompson report dated
January 21, 2002 recommendations."
e. "Each residential unit, including accessory dwelling units, will be required to have an
automatic fire sprinkler system installed in accordance with NFPA 13D, Standard for
the Installation of Sprinkler Systems in One and Two -Family Dwellings and
Manufactured Homes."
f. "All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward, towards the interior of the subdivision, except that provisions
may be made to allow for safety lighting that goes beyond the property boundaries."
g. "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."
h. "All structures shall be within the defined building envelope provided on the Plat."
/r
11.0
10