HomeMy WebLinkAbout2.0 PC Staff Report 07.13.20051 Ff
Exhibits for Public Hearing held on July 13, 2005
Exhibit Letter
(A to Z)
Exhibit
A
Mail Receipts
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Proof of Publication
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Garfield County Zoning Regulations of 1978, as amended
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Garfield County : ; : _ ' - : : , .I. .+ . .
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Garfield County Comprehensive Plan of 2000, as amended
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Application
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Staff Memorandum
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Memorandum from the County Vegetation manager dated 6/17/05
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Letter from DOW dated 6/13/05
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Letter from the CGS dated 6/9/05
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Letter from Resource Engineering dated 6/13/05
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Letter from DWR dated 6/7/05
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Email from the County Road and Bridge Department dated 6/13/05
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Letter from the Colorado State Forest Service dated 6/21/05
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PC 07/13/05
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Preliminary Plan for B•oms 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 & SI'l'E
The Applicant proposes to subdivide 63.799 acres into 4 single-family lots (3.874, 3.88 ,, 10.315
and 45,728 acres). The property is located on Graham Mesa less than 2 miles northe, t of the
City of Rifle and Interstate 70 on CR 233 with views of the Colorado River Basin and the
Bookcliffs. The property proposes one (1) main access point onto the property from CR 33. The
property could be characterized as having a lower and an upper bench separated by a strep slope
that slopes in a NE to SW direction. There is an existing access easement for the mainte ance of
a 1.3 million gallon water tank that is on the northeast of the property and owned and m. intained
by the City of Rifle. There are a variety of soils ranging in quality of composition, stabiity, and
percolation upon the moderate to gently sloping topography. The property is presently i proved
with a single-family dwelling, shed and riding arena on proposed Lot 3
II. REFERRALS
Staff referred the application to the following review agencies and departments for general
and/or specific commentary. The comments received have been generally incorporated nto this
memo where appropriate.
a. City of Rifle: No comments received however, comments are provided in the app ication
b. Garfield County Road & Bridge Department: No concerns (Exhibit M)
c. Rifle Fire Protection District: No comments received however, comments are pr• ided in
the application
d. RE -2 School District: No comments received.
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e. Colorado State Forest Service: Exhibit N
f. Colorado Division of Wildlife: Exhibit I and additional comments are provid: d in the
application
g. Colorado Division of Water Resources: No material injury (Exhibit L)
h. Colorado Geologic Survey: Exhibit J
i. Garfield County Vegetation Manager: No Comments received.
j. Resource Engineering: Exhibit K
III. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located within Study Area 3 which designates the property as
Residential" on the proposed land use designation map. This designation indicates r
development is appropriate for this property at a density of 1 unit per 2 acres whic
consistent with the underlying zoning of ARRD. As a result, the residential use, den
subdivision design are all consistent with and conform to the Comprehensive Plan. Not
property also falls within the area of influence for the City of Rifle.
IV. APPLICABLE ZONING REGULATIONS IN ARRD ZONE DISTRICT
utlying
sidential
is also
ity, and
that the
The following is an analysis of the proposed development with the required zoning regultions of
the ARRD zone district.
A. Proposed Uses
The Applicant proposes single-family residential development on all of the 4 lots
contemplated as a "use by right" in the A/R/RD zone district and is therefore consis
the underlying zone district. For other uses, the Applicant should consult Section 3.
Zoning Resolution.
B. Common Dimensional Requirements
hich is
ent with
2 of the
➢ Lot Size / Slope: The Applicant proposes the 63.799 -acre property be subdiv ded into
4 developable lots that range from 3.8 to 45.7 acres in size. This is complies with the
2 -acre minimum lot size.
➢ Maximum Lot Coverage: Fifteen percent (15%)
➢ Minimum Setback:
o Front yard: (a) arterial streets: seventy-five (75) feet from street cent-rline or
fifty (50) feet from front lot line, whichever is greater; (b) local stre - ts: 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 heig t of the
principal building, whichever is greater.
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➢ Maximum Height of Buildings: Twenty-five (25) feet
V. SUBDIVISION REGULATIONS
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. Water
The City of Rifle will provide up to 4 domestic water taps to the property as part of an
agreement that allowed for the location of the City's water storage tank on the property.
Presently, one tap has been used for the existing single-family dwelling leaving three
additional taps for consumption. The application contains a "Special Warranty Easement
Deed and Agreement" recorded on February 27, 2003 (Tab 8) that describes the contractual
arrangement between the City and the Applicant for water taps in exchange for locating the
tank and associated easements on the subject property. The Applicant intends to install the
taps to each lot pursuant to the City's requirements as one of the subdivision improvements.
The water tank easement, access easement, waterline and utility, and drainage easement have
been shown and legally described on the preliminary plan. Further, the application contains a
"can and will serve" letter from the City of Rifle explaining that the system is approved by
CDPHE as an adequate legal and physical water supply. Lastly, the Division of Water
Resources provided a letter (Exhibit L) stating that the proposed water supply will not cause
material injury to decreed water rights. These water taps also allow for irrigation of up to
5,000 sq. ft. per lot.
B. Waste Disposal
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 application states the
existing residence is using an ISDS presently that has performed well since its construction
and a percolation test was performed during the geologic investigation and the results are
reported by Geotechnical Engineering Group, Inc. under Tab 3. The results were used to
generate a Sewer Analysis and Plan attached under Tab 9. It appears that based on the soil
types in the area, initial percolation tests, and size of the lots, the utilization of ISDS is
feasible. The application also contains an ISDS Management Plan that Staff suggests be
incorporated into the protective covenants.
C. Access / Internal Roads
Access to the property from a public right-of-way is from CR 233 at the northwest corner of
the property. The Applicant intends to improve the existing driveway to be the main access in
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and out of the subdivision pursuant to the plan and profile submitted with the application
(Tab 12).
Specifically, the Applicant proposes a single 500' road to serve as access from the lots to CR
233 which is intended to be dedicated to the County having a name of Booms Place. The
road design is characterized as a "dead end street" with a length less than the 600' maximum.
Per the regulations of Section 9:33.B, a "hammer -head" or "T" turnaround is proposed that
accommodates the turning radius of emergency apparatus. Note that the Rifle Fire Protection
District has agreed that this design is acceptable instead of a cul-de-sac with a circular turn-
around. The proposed dead end street allows for continuation in the future, see the attached
plan and profile under Tab 12.
As Staff points out earlier, the road is also used by the City of Rifle to access their water
storage tank on the property. The Agreement for the use of the road allows for the Grantor
(Applicant) to use but not encumber the City's use of the right-of-way. Maintenance would
be governed by both the HOA and the City of Rifle.
Presently, the internal road is designed with the Primitive Residential standard with a ROW
of 30 feet. This is due to the only available width of the property as it connects to CR 233.
This is problematic in two ways:
1) The number of ADT generated from the subdivision (38.28 trips) requires a 40 ROW.
The Applicant is seeking a variance from this standard which can only be granted
through a PUD by the BOCC. So, the Board does not have the authority, under the
subdivision regulations, to vary this standard. It appears the Applicant may need to
seek additional ROW from a neighboring property to make the minimum of a 40 foot
ROW or apply for a PUD to vary the 40 -foot requirement. The Applicant could also
eliminate two lots reducing the ADT to less than 20 so that the existing 30' ROW
would accommodate the subdivision; and
2) The Applicant requests the ability to further resubdivide Lot 4 containing
approximately 48 acres. Staff has determined that if the Board allows this potential,
the internal access ROW should be design at the present time to accommodate a full
build -out of these lots so that generated traffic can be adequately accommodated.
Staff believes the ROW required would be that of a Secondary Access design
requiring a 50' ROW.
As you can see, this is significant issue for access to the lot and any future lots created from
Lot 4. The County Road and Bridge Department provided comments indicating that they had
no issues with the proposal. Staff would reiterate that the Applicant would be required to
obtain a driveway permit appropriately sized to meet the standards of the County Road and
Bridge Department.
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D. Traffic Generation
The Application states that the anticipated ADT for a single lot is 9.57. The design capacity
for the four lots ( 3 proposed, 1 existing ) is approximately 40 ADT putting it within the
semi -private category of the County with the following design parameters: 40' Right-of-way,
8' lane width (implied but not stated as 2 lanes for a total of 16' total lane width), 2'
shoulder width, 4' ditch width, 3% gravel lane cross slope, 5% shoulder slope, 50' minimum
radii, 10% maximum grade, gravel surface, with an engineered pavement section, and
engineered drainage. See the attached cross section, plan and profile under Tab 12 to verify
that the roadway design complies with all of these standards except for that of the 40' Right-
of-way.
E. Fire Protection
The property is located in the Rifle Fire Protection District. The Application contains a letter
from the District indicating that the District will serve the area and that fire hydrants are
along the County Road and the proposal does meet the District's minimum requirements of
having an approved water supply within two miles for all proposed lots. The District would
recommend the following:
1) Posting of addresses: Addresses are to be posted where the driveway intersects with
the County Road. If a shared driveway arrangement is used, the address for each
home should be posted at the County Road and on the individual residences to clearly
identify each address. Letters are to be a minimum of 4 inches in height, l inch in
width and contrast with background colors.
2) Access roadways: Driveways should be constructed to accommodate the weights and
turning radius of emergency apparatus in adverse weather conditions.
3) Defensible space: combustible materials should be thinned from around structures so
as to provide a defensible space in the event of a wild land fire.
The Colorado State Forest Service reviewed the proposal and finds the wildfire hazard has
been reduced due to the fact that there is an existing 1.3 million gallon water tank and
proposed hydrants on the property, as well as much of the surrounding property are irrigated
lands. To further mitigate wildfire risk, the Applicant should consider requiring enhanced
defensible space around dwellings to remove fuel and to thin existing vegetative density.
(See Exhibit N).
F. Drainage/Floodplain Issues
The property is not located within any designated or regulated floodplains as administered by
FEMA. The application contains a drainage analysis that ultimately indicates that due to the
large lot sizes, drainage created from the development of three new single-family dwellings
will be negligible and best mitigated on an individual lot basis by the lot owner depending on
where the improvements are made.
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The City of Rifle has installed a detention facility at the bottom of the access road that leads
up to the water tank. This facility is already constructed and is located in its own easement
depicted on the plat and recorded. It appears the drainage plan adequacy addresses the
minimal drainage resultant from the lot development.
The Colorado Geologic Survey reviewed the proposal and provided the following comments:
"Lots 1, 2 and 4 contain small intermittent drainages. Building envelopes should be placed to
avoid these drainages. These drainages may be prone to erosion of the silty soils found on the
property. Erosion control measures should be considered during construction to minimize
soil loss."
Resource Engineering provided the following comments: "There are several poorly defined
drainages located within the subdivision that convey off-site and on-site drainage. The
Mountain Cross Engineering Drainage Report dated March 2005 adequately analyzes the 25
year and 100 year storm events. Drainage improvements are designed to convey the 100 year
event. The drainage report recommends individual lot detention ponds constructed by the
individual lot owners. Consistent with the County's position on previous subdivisions, the
drainage improvements should be constructed by the Applicant. A single detention pond
(adequately sized and located near the southerly boundary of the subdivision) would be
as equate for the project"
G. Wildlife / Vegetation
The DOW provided comments that are included in the application binder under Tab 6 and in
a letter included as Exhibit I which states that the property is located within deer and elk
ranges and some critical winter range meaning that this area could be critically important to
mule deer in 1 — 2 winters every ten years. The DOW stated that overall; this subdivision will
not have considerable impacts to wildlife due to the location in which the property is being
divided.
Regarding vegetation, Staff suggests the Applicant shall provide the following items for
approval as part of the final plat submittal application to the Building and Planning
Department:
a. A map and inventory of noxious weeds for the property using the Garfield County
noxious weeds list.
b. A weed management plan for the inventoried noxious weeds.
c. The Applicant shall provide a calculation of the amount of disturbed area (in
acres) as a result of the installation of infrastructure with the final plat application
so that an adequate revegetation security can be established in a form acceptable
to the County Attorney's Office to ensure the revegetation of the disturbed area.
This shall be incorporated in the Subdivision Improvements Agreement (SIA).
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H. Geology /Soils
The application contains a geotechnical feasibility investigation prepared by Geotechnical
Engineering Group, Inc. This analysis did not reveal any significant geologic hazards on the
property but did make the following conclusions:
1) Due to the steep slope which bisects the property, it would be prudent to site proposed
development as far as practical away from slopes greater than 37% (approximately 20
degrees). We recommend a setback of 100 feet from the toe of slopes greater than 37
%.
2) Based on the varied percolation rates, Staff suggests that all Individual Sewage
Disposal Systems shall be engineered by a Professional Registered Engineer within
the State of Colorado.
Colorado Geologic Survey commented that "there are areas on lots 3 and 4 with slopes
greater than 30%. I presume that no further building will occur on lot 3 due to the current
residence on the property. The building envelope on lot 4 has a 100 -foot setback from the toe
of 30% slopes in the north and central parts of the lot. However the building envelope also
includes the steep slopes in the south portion of lot 4. There is an area suitable for building
on top of the slope in the southeast portion of lot 4. To reach the area on top of the slope, the
driveway access must follow the existing gravel road that cuts across the steep slope. If a
house is to be located on top of the slope, then the existing road should be examined by a
qualified engineer to determine if the road is stable and if the road cuts undermine the
stability of the slope."
In addition, "the building envelope for lot 4 should be broken up into two parts where one
part at the bottom and one at the top of the slope. The building envelope should exclude the
slope where it exceeds 30% and should have an adequate setback from the top and toe of the
slope. The Geotechnical Engineering Group, Inc. recommends a 100 -foot setback."
I. Assessment / Fees
The subdivision is located in Traffic Study Area 5 which does not require the payment of any
road / traffic impact. Regarding School Site Acquisition fees, the property is located in the
Garfield RE -2 School District which results in a fee of $200 collected for each lot created in
a residential subdivision. This fee shall be paid at the time of final plat.
I. SUGGESTED FINDINGS
Staff recommends the Planning Commission recommend approval to the Board of County
Commissioners for the Preliminary Plan for the Booms Place Subdivision with the following
findings:
1. That proper publication, public notice, and posting was provided as required by law for
the hearings before the Planning Commission.
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2. That the hearing before the Planning Commission was extensive and complete; all
pertinent facts, matters and issues were submitted; and that all interested parties were
heard at the hearing.
3. That the application is in compliance with the standards set forth in Section 4:00 of the
Garfield County Zoning Resolution of 1978, as amended.
4. That the application is in compliance with the standards set forth in Section 4.00 of the
Garfield County Subdivision Regulations of 1984, as amended.
5. That the proposed preliminary plan is in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
II. STAFF RECOMMENDATION
Staff recommends the Planning Commission recommend approval to the Board of County
Commissioners for the Preliminary Plan for the Booms Place Subdivision with the following
conditions:
2. That all representations made by the Applicant in the application, and at the public
hearing before the Board of County Commissioners and Planning Commission, shall be
conditions of approval, unless specifically altered by the Board of County
Commissioners.
3. The final plat shall contain the following plat notes:
a. "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."
b. "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."
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
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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 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."
e. "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."
f. "Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado."
g.
"Addresses are to be posted where the driveway intersects with the County Road.
If a shared driveway arrangement is used, the address for each home should be
posted at the County Road and on the individual residences to clearly identify
each address. Letters are to be a minimum of 4 inches in height, 1/2 inch in width
and contrast with background colors."
h. "Driveways should be constructed to accommodate the weights and turning radius
of emergency apparatus in adverse weather conditions."
i. "Combustible materials should be thinned from around structures so as to provide
a defensible space in the event of a wild land fire."
4. The Applicant shall provide the following items for approval as part of the final plat
submittal application to the Building and Planning Department:
a. A map and inventory of noxious weeds for the property using the Garfield County
noxious weeds list.
b. A weed management plan for the inventoried noxious weeds.
c. The Applicant shall provide a calculation of the amount of disturbed area (in
acres) as a result of the installation of infrastructure with the final plat application
so that an adequate revegetation security can be established in a form acceptable
to the County Attorney's Office to ensure the revegetation of the disturbed area.
This shall be incorporated in the Subdivision Improvements Agreement (SIA).
5. The Applicant shall incorporate the ISDS Operation and Maintenance Plan in the
covenants which shall be submitted with the final plat documents.
6. Due to the fact that wildlife does travel through the area, all fencing should be
constructed to be consistent with wildlife friendly fencing standards used by the Division
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of Wildlife which includes, but is not limited to, the following which shall be
incorporated into the protective covenants:
a. For wire fencing, a maximum height of 48" with no more than 4 strands and a 12"
kickspace between the top two strands is sufficient.
b. Rail fencing should be held to a maximum height of 42" with at least 18" between
two of the rails.
c. Mesh fencing is strongly discouraged, as it significantly impairs wildlife
movement.
d. Dogs should not be allowed to roam and homeowners should also be advised that
dogs chasing wildlife is illegal and can lead to legal action. The Colorado
Division of Wildlife will issue fines for dogs harassing or chasing wildlife. If a
dog is observed chasing or harassing wildlife it may be shot.
7. The Applicant shall pay the appropriate School Land Dedication Fee to be calculated at
and paid at the time of final plat and shall be incorporated in the SIA.
8. The Applicant shall provide electronic versions of the final plat and construction set to
the Planning Department once the final plat has been approved and prior to recordation.
9. The Applicant shall adjust the building envelopes on Lots 3 and 4 due to the steep slope
which bisects the property such that all future development shall be setback 100 feet from
the toe of slopes greater than g► %.
10. The Applicant shall revise the drainage plan prior to final plat so that a single detention
pond (adequately sized and located near the southerly boundary of the subdivision) would
be adequate for the project.
11. The driveway access to the upper portion of Lot 4 must be examined be examined by a
qualified engineer to determine if the road is stable and if the road cuts undermine the
stability of the slope.
12. The Applicant shall separate the building envelope on Lot 4 into two parts such that each
bench has its own building envelop above and below the steep slope. The building
envelope shall exclude the slope where it exceeds 30% and shall have an adequate
setback from the top and toe of the slope. These adjusted building envelopes shall be
shown on the final plat.
13. The Applicant shall relocate the riding arena on the property prior to the submittal of the
final plat such that is located entirely on its own lot.
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