HomeMy WebLinkAbout2.0 Staff ReportExhibits for Sketch Plan review of the Booms Place Subdivision, Planning and Zoning
Commission Public Meeting held on August 11, 2004
xhihit L atter
(f3t.Io
A
B
' eceipts
kation
C
D
E
F
Garfield County Zoning Regulations of 1978, as amended
Garfield County Comprehensive Plan of 2000
Application
Staff Memorandum
G
Review Memo: Garfield County Road & Bridge Department
.4/4-racfr
64,000/ ,
PC 8/11/04 - JH
• PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Sketch Plan of Booms Place Subdivision
APPLICANT & OWNER: Robin Fritzlan
LOCATION: 1582 County Road 233
WATER: City of Rifle Water
SEWER: ISDS
ACCESS: CR 233
SIZE: 63.799 (4 lots proposed)
EXISTING ZONING: A/R/RD
I. DESCRIPTION OF THE PROPOSAL & SITE
• The Applicant proposes to subdivide 63.799 acres into 4 proposed single family lots
(3.874, 3.882, 10.315 and 45,728 acres). The property is located on Graham Mesa less
than 2 miles northeast of the City of Rifle and Interstate 70 on CR 233. The property
proposes one (1) main access point onto the property and drains to the southwest with
relatively less sloped area to the northeast, northwest and southwest.
There is an existing access easement for the maintenance of a water tank that is on the
northeast of the property and maintained by the City of Rifle. There are a variety of soils
ranging in quality of composition, stability, percolation ability upon the moderate to
gently sloping topography.
II. REFERRALS
Staff referred the application to the following review agencies and departments for
general and/or specific commentary and/or review. The comments received have been
generally incorporated into this Memo:
•
• •
a. City of Rifle (no comment)
b. Garfield County Road & Bridge Department (Response with no concerns)
III. STAFF COMMENTS
The following section presents an analysis of the proposed project regarding compliance
with provisions in the Subdivision Regulations, Zoning Resolution, and Comprehensive
Plan. These comments are intended to provide regulatory direction regarding the
development of the property as proposed. The Planning Commission will review the
application materials and this memorandum prepared by Staff and will provide comments
to the Applicant accordingly.
A. Comprehensive Plan
The property is located in Study Area 3 and is designated as "Outlying
Residential with a 2 acre minimum per dwelling unit" land. The property is
located in the sphere of influence of the City of Rifle.
The Applicant shall be required to demonstrate that the proposal conforms to
and is compatible with the Comprehensive Plan.
B. Zoning
The property is located in the A/R/RD Agricultural Residential Rural Density
zone district which allows the proposed use. The Applicant shall be made
aware of the uses contemplated in that zone district as further described in
Section 3.07 of the Zoning Resolution of 1978, as amended, the Applicant
shall consider the following as seen below;.
3.02 A/R/RD -- AGRICULTURAL/RESIDENTIAL/RURAL DENSITY
3.02.01 Uses, by right: Agricultural including farms, garden, greenhouse,
nursery,orchard, ranch, small animal farm for production of poultry,
fish, -bearing or other small animals and customary accessory uses
including buildings for shelter or enclosure of persons, animals or
property employed in any of the above uses, retail establishment for sale
of goods processed from raw materials produced on the lot;
Guiding and outfitting, and park;
Single-family dwelling and customary accessory uses. (A. 86-09)
Accessory dwelling unit approved as a part of a public hearing or
meeting on a subdivision or subdivision exemption or guesthouse special
use approved after 7/95 and meeting the standards in Section 5.03.02.
•
•
3.02.02
• •
Uses, conditional: Aircraft landing strip, church, community buildings,
day nursery and school; group home for the elderly. (A. 97-60)
Boarding or rooming houses, studio for conduct of arts and crafts, home
occupation, water impoundments. (A. 86-09;87-108)
3.02.03 Uses, special: Airport utility, feedlot as principal use of the lot,
crematorium, agriculture -related' business, resorts, kennel, riding stable,
and veterinary clinic, shooting range facility(A.98-108);
Two-family dwelling, camper park, ski lift and trails; broadcasting
studio, communication facility, corrections facility, storage, storage of
heavy equipment, golf course driving range, golf practice range and
accessory facilities, commercial recreation facility/park; (A. 97-60; 97-
112) Mass Transit Facility (added 2002-12)
Public gatherings; storage of oil and gas drilling equipment; Site for
extraction, processing, storage or material handling of natural
resources; utility lines, utility substations; recreational support facilities
and guest house. (A. 79-132; 80-64; 80-180; 80-313, 81-145; 81-263;
84-78; 86-9; 86-84; 86-106; 87-73; 99-025)
Accessory dwelling unit meeting the standards in Section 5.03.02 for any
lot not created after a public hearing or meeting after 7/95.
3.02.04
• 3.02.05
3.02.06
3.02.07
3.02.08
Kennel
Minimum Lot Area: Two (2) acres; except as otherwise approved in a
Cluster Option (2003-17)
Maximum Lot Coverage: Fifteen percent (15%).
Minimum Setback:
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street
centerline or fifty (50) feet from front lot line, whichever is greater; )
local streets: fifty (50)feet from street centerline or twenty-five (25)t
from front 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.
Additional Requirements: All uses shall be subject to the provisions
under Section 5 (Supplementary Regulations).
Staff Comment: Atresent, the lots as proposed comply with the
minimum Zoning Regulations.
3
•
•
• •
C. Subdivision
The Applicant shall be aware of the requirements outlined in Sections 4:00,
5:00, and 9:00 of the Subdivision Regulations of 1984 regarding subdividing
property in Garfield County. Staff has outlined areas of concern for the
Applicant to consider during the preliminary plan and final plat portion of
subdivision in Garfield County. The Applicant shall consider the following;
a. Potable Water
Staff Comment: The Applicant proposes that each lot will be served by
water taps that have been granted by the City of Rifle.
4:91 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:
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 an
• •
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.
In addition, because the applicant proposes a central water system, the following
design criteria (Section 9:51) shall be addressed as part of preliminary plan:
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.
9:51 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.
b. Waste Disposal
Staff Comment: The Applicant proposes individual sewage disposal
systems (ISDS) for each lot to serve the wastewater needs of the four (4)
lots within the subdivision.
•
•
The Applicant shall be aware of the requirements for the Preliminary pla t
Phase of development regarding ISDS in Section 4:92 of the Subdivision
Regulations:
4:92 A sanitary sewage disposal plan, at the same scale as the Preliminary
Plan, shall provide the following information in graphic and/or written form:
D. If no central sewage treatment works is proposed and individual
sewage disposal systems will be utilized, a description of sewage,
the disposal means, as well as evidence as the result of soil
percolation tests and produce .excavations to determine maximum
seasonal ground water level and depth to bedrock shall be
provided. In addition:
1. Indicated by location on the plat;
2. Performed and signed by a registered professional
engineer licensed by the State of Colorado;
3. Adequate in number and location to meet requirements of
the Garfield County Individual Sewage Disposal
Requirements and the Colorado Department of Public
Health, Water Quality Control Commission; and
E. If individual sewage disposal systems are to be utilized, a proposed
management plan for the operation and maintenance of on-site
systems shall be provided.
Staff Comment: Regarding the capacity of ISDS, the Applicant
should be aware of potential limitations of ISDS based on the size
and type of soils on lots 1 and 2 to minimize ground water
contamination. Specifically, the preliminary plan shall address the
following sections of the subdivision regulations:
9:61 Disposal by individual sewage disposal systems may be permitted,
provided lot sizes are consistent with the Garfield County Zoning Resolution.
Individual systems must have representative soil absorption tests performed by a
qualified engineer registered to perform such tests in the State of Colorado.
9:62 Central sewage treatment works shall be designed by a registered
professional engineer licensed by the State of Colorado. The system shall be
designed, in accordance with the standards established by the Colorado
Department of Health. Site location approval shall be obtained from the
Colorado Water Quality Control Commission for systems over two thousand
(2,000) gallons per day. In no event may a system be designed for less capacity
than the anticipated maximum daily sewage flow or treatment requirements.
6
•
•
c. Road/Access
Staff Comment: The property is accessed by easement from County
Road 233 to the northwest of the property. The road within the
subdivision shall be constructed to meet county requirements. The
Applicant has not indicated if the internal proposed road is to be dedicated
to the County road system or kept as a private drive and shall meet all
improvement criteria of the Subdivision Regulations of the County.
The Applicant shall be aware that Section 9:34 requires that all streets are
to be dedicated to the public and cannot be private unless approved as
such through a Planned Unit Development.
Staff referred the application to the Garfield County Road and Bridge
Department which responded with no concerns at this time
d. Fire Protection
Staff Comment: The property is located in the Rifle Fire Protection
District.
Section 9:70 of the Subdivision Regulations requires all subdivisions to
address the following fire protection provisions as part of the preliminary
plan:
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.
9:72 Where a central water system has fire hydrants, all fire hydrants shall
meet the specifications for the appropriate fire protection agency, particularly
with regard to thread size on the fire hydrants.
9:73 Where there is no central water system available, a central located fire
protection storage tank shall be designed to meet the fire protection needs of the
subdivision and be approved by the appropriate fire district.
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.
e. Drainage/Floodplain Issues
4:80 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 / Vegetation
Staff Comment: The Applicant will need to address impacts to wildlife
as required in Section 4:70(D) which requires the Applicant to provide a
"description of wildlife habitation, including big game ranges based on the
mapping practices of the Colorado Division of Wildlife."
As required in Section 4:570(C) of the Subdivision regulations, the
Applicant shall be required to provide a map and description of plant
associations following practices of the Natural Resource Conservation
Service and include a description of adapted materials and the location of
major tree masses. It shall be noted that any wetlands, and other
significant ant sensitive ecosystems shall also be identified, surveyed and
mapped
8
•
•
•
Further, the Applicant shall provide a weed management and revegetation
plan in accordance with the county's weed management requirements.
g. Geology /Soils
4:70(A)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;
Staff Comment: Various issues may present significant problems
regarding the use of individual sewage disposal systems ISDS.
h. Assessment / Fees
Staff Comment: The traffic impact fees are applied to residential
subdivisions that access to a county road. Regarding School Site
Acquisition fees, the property is located in the Garfield RE -2 School
District. Normally, a fee of $200 is collected for each lot created in a
residential subdivision; however, this fee cannot be collected for a
commercial subdivision. Staff has determined that if residential units are
constructed on any of these lots, this school site acquisition fee would be
required at the time of building permit. It appears the only fees (as they
relate to the county) include land use application fees and building permit
fees to be paid at the time building permits are obtained for the individual
lots as they develop.
Impact Fees — Rifle Fire Protection District has cited the development is
subject to impact fees adopted by the District for new commercial lots.
The Applicant will be required to enter into an agreement with the district
for the payment of development impact fees. This payment is due prior to
the recording of the final plat. Fees are based upon the impact fees
adopted by the District at the time the agreement is executed.
i. Recommended Plat Notes/ Covenants
Staff Comment: 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
9
•
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 offences
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 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."
Note to Applicant: The Sketch Plan comments shall be valid for a period not to exceed
one (1) year from the date of the Planning Commission review (valid until 8/11/05). If a
Preliminary Plan for the proposed subdivision is not presented to the Garfield County
Planning Commission by the date above, the Applicant will have to submit an updated
Sketch Plan application to the Planning Department for review and comparison with the
original application.
10
• •
From: Wendy Mead
Sent: Thursday, July 29, 2004 8:44 AM
To: Jim Hardcastle
Cc: Kraig Kuberry
Subject: Booms Place Subdivision Comments
Good Morning Jim,
Kraig asked me to email his comments about the Booms Place subdivision.
He said that everything looks good.
If you have any further questions, please contact Kraig directly.
Have a great day.
Wendy
•
•
EXHIBIT
ffi
D