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HomeMy WebLinkAbout2.0 Staff ReportREQUEST: PC 12/13/00 PROJECT INFORMATION AND STAFF COMMENTS A request for review of the Juniper Hills Sketch Plan for a six (6) lot subdivision on seventy-one (71) acres. APPLICANT: Linda Craig PLANNER: Mike Joyce of Development Concepts, Inc. ENGINEER: Terry Nichols of Nichols and Assoc. LOCATION: Parcel lies south of Rifle, along CR 319. Section 35, Township 6 South, Range 93 West. WATER: Two wells and storage tank SEWER: Individual sewage disposal systems (ISDS) ACCESS: Gage Road to CR 319 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, Study Area 2, this site lies in the Outlying Residential Density zone. The recommended density is one (1) dwelling unit per two (2) acres. The Natural Resource Extraction goal is of particular significance in this application: Garfield County recognizes that under Colorado law, the surface and mineral interests have certain legal rights and privileges, including the right to extract and develop these interests. Furthermore, private property owners also have certain legal rights and privileges, including the right to have the mineral estate developed in a reasonable manner and to have adverse land use impacts mitigated. II. PROJECT INFORMATION A. Site Description: The site varies topographically with high points located on lots 1, 3, and 6. The dominant vegetation is pinyon, juniper, and sage. Two drainages occupy the site. A 15' wide gravel road (Gage Road) runs along the eastern property boundary and then turns west to bisect the property. A jeep road (shown as a 9' wide dirt road on the plan) runs partially along the western boundary and bisects Lot 1 (it is not a continuous road as shown on the plan). Two (2) gas wells are located in the area. It appears that at least one, if not both wells, occupy the subject property. B. Development Proposal: The property currently exists as two 35+/- acre parcels. The applicant is proposing to divide seventy-one (71) acres into six (6) single family residential lots. The lots range in size from eight (8) to eighteen (18) acres. The proposed density is 1 d.u. per 11.86 ac. C. Adjacent Land Uses: Agriculture and large lot residentially subdivided lands. Bureau of Land Management lands to the west. III. REVIEW AGENCY AND OTHER COMMENTS: Referrals of the site plan were sent to the following: A. City of Rifle: To date, no reply has been received. B. Garfield County Road & Bridge: See referral sheet, page 10 . Notes that, "The Gage Road intersection looks good to us" and that the "driveway meets our requirements". C. Garfield County Engineer: To date, no reply has been received. IV. STAFF COMMENTS A. Comprehensive Plan: This application raises concerns about slope, natural environment, and compatible land uses. For these reasons, staff strongly encourages the applicant to define building envelopes on the plat. As long as appropriate building envelopes are designated, there do not appear to be any concerns about compliance with the comprehensive plan at his point in time. B. Zoning: A single family dwelling is a use by right in the AIR/RD zone district. Accessory uses are allowed if they are agriculturally related uses. The applicant should be aware of the following zone standards: Minimum Lot Area: Two (2) acres. 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; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet 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). The applicant should be aware that Garfield County Zoning Regulations prohibit disturbance of slopes 40% or greater, unless certain criteria are met. Section 5.04.02 (2) states: Development Limitations Based on Lot Slope: (2) Lot Size 1 Acre or Greater: Such lots shall have a minimum building envelope of 1 acre in an area that has less than forty percent (40%) slopes; however, a smaller building envelope may be approved by the Board after review of the following which shall be submitted by the applicant: (A) A soil land foundation investigation prepared by a registered, professional engineer. (B) A topographic survey with contour intervals of not more than two (2) feet. (C) A site grading and drainage plan prepared by a register, professional engineer. (D) A detailed plan of retaining walls or cuts, and fills in excess of five (5) feet. (E) A detailed revegetation plan. All of the above shall show the minimum building envelope size for each lot and shall provide evidence that all structures andacilities can be built within such building envelope area so as not to disturb any forty percent (40%) slope area. The following shall be conditions of any approval: (A) Foundations shall be designed by and bear the seal of a registered, professional engineer. (B) All final plans required to be submitted by a professional engineer shall be approved in their final form and shall bear the seal of such registered, professional engineer. (3) For all lots: Driveways, access ways and access easements within the development and on the property of developer shall have a maximum grade of fourteen percent (14%). (A. 94-046) It is the applicant's responsibility to identify where slopes of 40%+ exist on the property and to comply with section 5.04.02. This information must be included in the preliminary plan submittal. Staff recommends the applicant designate building envelopes due to the topographic constraints found on the site. C. Subdivision: Some applicable general site standards (from section 9:00 of GarCo Sub. 3 Regs) which the applicant should be aware of are as follows: 9:12 Land subject to identified natural hazards, such as falling rock, land slides, snow slides, mud flows, radiation, flooding or high water tables, shall not be platted for any use other than open space or an uninhabitable portion of a lot over two (2) acres, unless mitigation is proposed by a Colorado registered professional engineer qualified to do such design. Land subject to flooding, or in a natural drainage channel, shall not be platted for occupancy unless adequate provision has been made to eliminate or control any potential flooding. In no case shall a project conflict with the standards and requirements established in the Garfield County Floodplain Regulations. 9:13: Development plans shall preserve, to the maximum extent possible, natural features such as unusual rock formations, lakes, rivers, streams and trees. Where appropriate, the subdivider may be required to dedicate lands to lot owners to preserve these features. In no case shall lots be designed such that a dwelling unit will be located closer than thirty feet (302 to a live stream, lake or pond, regardless of the fact that floodplain regulations may allow dwelling units located closer in some instances. 9:15: One (1) dog shall be allowed for each residential unit within a subdivision; and the dog shall be required to be confined within the owner's property boundaries. The requirement shall be included in the protective covenants for the subdivision, with enforcement provisions allowing for the removal of a dog from the subdivision as a final remedy in worst cases. (99-096) 9:16: No open hearth, solid fuel fireplaces are allowed anywhere within a subdivision. One (1) new solid fuel burning stove, as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, shall be allowed in any dwelling unit. All dwelling units shall be allowed an unrestricted number of natural gas burning stoves and appliances. (99-096) 9:17: Each subdivision shall have covenants requiring that all exterior lighting shall be directed inward, towards the interior of the subdivision. (99-096) 9:18: No further subdivision of a recorded subdivision shall be allowed, except where it is provided for in an approved Preliminary Plan. (99-096) 9:22 In no case shall a lot be created with accesses onto a public or private road with less than twenty-five feet (252 of street frontage. There is a concern about the configuration of the property. The recent exemption application describes a 162 acre property from which three 6.5 acre lots and one remainder lot (142 ac.) were created. The sketch plan application states that the property is currently configured in two (2) thirty-five (35) acre parcels. Staff requests to know if the 142 acre remainder parcel has been divided into four (4) 35+ acre parcels. Otherwise, there may be some discrepancy with the property's legal description which may cause delays in the processing of future applications. D. Soils/Topography: Topographic impact is expected to be slight. The applicant intends to provide a radiation report prior to the public meeting and expects it to state that no radiation, other than background levels, will be found. The application states that three (3) soil types occupy the site: Arvada Loam, 6-20% slopes (#4), Olney Loam, 6-12% slopes (#51), and Torriorthents-Rock Outcrop Complex, Steep (#67). Development limitations may require mitigation such as engineered foundations or use of sulfate resistant concrete. The Arvada Loam unit is a deep, well drained, sloping soil on fans and high terraces. Permeability is very slow, and available water capacity is high. Surface runoff is moderately rapid, and the erosion hazard is severe. Use of this soil for sanitary facilities and as a source of construction material is limited by the large amounts of clay and salts. This soil is corrosive to steel and concrete. Community development is limited by high shrink -swell potential, salinity, and steep slopes. The Olney Loam is a deep, well drained, moderately sloping to rolling soil found on alluvial fans and sides of valleys. Permeability, available water capacity, and erosion hazard are all moderate. The surface runoff is medium. Community development is limited by steep slopes and low strength. The majority of the subdivision is occupied by the Torriorthents-Rock complex, which consists of exposed sandstone and shale bedrock and stony soils. The slope ranges from 15-70%. This soil is used for limited grazing, wildlife habitat, and recreation, and is unsuited for crops. Most of this complex is prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this complex. Community development is limited by the Rock outcrop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. E. Road/Access: The application proposes to access all six (6) lots from Gage Road, which is an existing fifteen (15') foot wide gravel road. Gage Road intersects with CR 319. The application states that a dedication of road right-of-way was dedicated from Benzel Livestock Company to Garfield County. The "dedication of road right-of-way" states that Benzel Livestock Company disclaims any duty, liability, or maintenance obligation of the roadway. The application also contains a copy of an approved Garfield County driveway permit (#229-00D). According to the sketch plan, areas of Gage Road appear to exceed sixteen (16%) percent slope. Although Gage road has been dedicated to the public, it does not appear that this dedication has been accepted by the public since the document is not signed by the Board of County Commissioners. If it has not been officially accepted, the road legally remains a private easement. The Subdivision Regulations require that all access to a subdivision be from a public right of way, but that road maintenance shall fall on the individual lot owners. The applicant needs to resolve these issues prior to submittal of the preliminary plan. The applicant should be aware that the preliminary plan application will have to comply with Section 9:00 regulations. These regulations require the following: 9:33: Cul-de-sacs and dead end streets may be designed under the following circumstances: A. Cul-de-sacs may be permitted provided they are not more than six hundred, feet (600) in length and have a turnaround radius of not less than forty-five feet (45) from the center of the cul-de-sac to rad edge and fifty foot (50) right-of-way for residential development ...The Board may approve longer cul-de-sacs for topographical reasons and it can be proved that fire protection and emergency egress and access is provided as a part of the longer design; and 9:31 Access to all subdivisions shall be from a public street system. 9:34 All streets are dedicated to the public but all streets will be constructed to standards consistent with these Regulations and repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision. The road(s) servicing parcels must meet the standards in Section 9:35 of the Subdivision Regulations. These standards are based on the number of lots the road serves, and the estimated number of vehicle trips generated. For example, with six (6) proposed lots, the proposed access (Gage Road) must meet the "Semi -Primitive" standard which calls for a minimum 40' right-of-way, with two(2) lanes at least eight (8) feet in width, a chip and seal or gravel surface depending on the cross slope, and a maximum slope of ten (10%) percent. Furthermore, the road must either be less than 600' in length and include a cul- de-sac and emergency response provisions or, it must be looped. F. Fire Protection: The application does not include a fire protection plan. The site is located in the Rifle Fire Protection District (RFPD). The applicant is encouraged to work closely with the RFPD and the Garfield County's Sheriff's Department in order to see that fire protection needs are met. The following standards will apply to 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. 9:72 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. G. Water: The application states that the source of domestic water supply will be from two (2) wells, with a storage tank located on the high point of lot 3. It estimates water usage based on 3.3 persons per household with 100 gallons per person per day for a total use of 1,980 gallons. The applicant should be aware that the Preliminary Plan phase will require the water source be evidenced to be sufficient in terms of quality, quantity, and dependability (see section 4:90 of the Sub. Regs.). Garfield County regulations require an assumption of 3.5 persons per household (not 3.3 as the application states). Furthermore, a legal entity, such as a Homeowners' Association (HOA), must be responsible for maintenance of the water system. The application does not discuss specifically how irrigation water will be delivered to the lots. Flood irrigation and above ground storage within subdivisions are not recommended. The applicant should be aware of the following standards (from section 9:50 of the Subdivision Regulations): 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. 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. 9:55 All water mains shall be a minimum diameter of four inches (4'2, provided storage facilities adequate for fire protection are available. Since the subject property already has an existing well in place (on the southwest corner of the property) which serves the adjacent exemption parcel, the applicant should be aware of the possibility of a limited ability to obtain exempt well permits. H. Wastewater: Individual sewage disposal systems (ISDS) are proposed for each lot. Systems may need to be engineered depending on the results of percolation tests. The applicant should be aware that the covenants must contain provisions for ISDS maintenance, including a detailed maintenance plan. A good maintenance guide to reference is Pipeline, Fall 1995, Vol. 6, No. 4, which is available from the Planning Department or can be found at the National Small Flows Clearinghouse at http://estd.wvu.edu/nsfc. I. Drainage: The application states that two (2) small intermittent drainages flow through the site. No evidence of past flooding with these two (2) drainages are found on the subject property. The applicant should be aware that land in a natural drainage channel shall not be platted for occupancy unless adequate provision has been made to eliminate or control any potential flooding (section 9:12 of the Sub. Regs.) The applicant should also be aware of the following subdivision standards as s/he proceeds to preliminary plan: 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 J. Wildlife: The application does not address wildlife concerns. Staff encourages the applicant to make use of the County's GIS capabilities in finding out about wildlife habitat and encourages the applicant to contact the DOW in order to gain their input on the project. K. Assessment / Fees: As determined by Section 9:80 of the Subdivision Regulations, the applicant will be required to dedicate a portion of the gross land area for open space, parks, or schools, or pay fees in lieu thereof ($200 per each newly created parcel). The property owner should be aware that the current agricultural valuation status of the property will change following subdivision. This area appears to lie in traffic study area 2 of the capital improvements plan. At the time of final plat, the applicant can expect to 8 pay about $1,120.00 per single family dwelling, minus the appropriate discounts. In the event any fees increase before the time of final plat, the increased fees shall be paid. Other Utilities: Electric will be provided from Public Service, telephone from Qwest, and natural gas from individual tanks located on the lot. All existing and proposed utilities shall be buried. M. Ditches: Easements shall be provided for all existing and proposed ditches. N. Other Issues: The mineral rights are owned by Linda Craig (1/2 interest) and the Slade Estate Trust c/o Ballard Petroleum (1/2 interest). Since potential for mineral exploration exists, a disclosure to all potential lot owners must be included in the covenants, plat notes, and at the time of closing. The applicant should take special caution to be sure to properly notify the mineral rights owners of any public hearings concerning this project (pursuant to sections 4:20 and 4:30 of the Garfield County Subdivision Regulations). Furthermore, the southwestern property line depicted on the sketch plan is not consistent with the property line depicted on the exemption plat. It appears that at least one gas well currently occupies the sketch plan property. The adjacent exemption lots are served by a water well which is located on the sketch plan property. The well location is not shown on the sketch plan, nor is the associated easement. All existing improvements and easements must be shown on subsequent plans. O. Recommended Plat Notes and/or Covenants: Include the following on plats and/or in covenants: 1) Indicate the maintenance responsibilities of the road. 2) All irrigation ditches and ditch easements are to be recognized and maintained as existing and in place, in the usual manner. 3) One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries. 4) No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined 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. 5) 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. 6) No further divisions of land within the Subdivision will be allowed. 7) Engineered building foundations and/or septic systems may be required to mitigate potential soil consraints. 8) No houses shall be built within one hundred fifty (150') feet of the existing gas well(s) on the property. It is often necessary to move drilling or workover gas rigs as well as other heavy equipment on wells to perform various oil and gas operations on the subject well. The safety of residents in the subdivision may be compromised, and the lots may be adversely impacted, if inadequate setbacks are not in place. 7) 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. 8) 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. 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 12/13/01). If a Preliminary Plan for the proposed subdivision is not presented to the Garfield County Planning Commission by 12/13/01, the applicant will have to submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application. c • • GARFIELD COUNTY RECEIVED OCT 3 Building & Planning Department 2001 Review Agency Form Date Sent: October 4, 2000 Comments Due: November 22, 2000 Name of application: Juniper Hills Subdivision Sketch Plan Sent to: CIN 4,, te via A feivi tte Garfield County requests your comment in review of this project. Please notify Kit Lyon in the event you are unable to respond by 11/22/00. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Kit Lyon 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-5004 Phone: 970-945-8212 E-mail: "garcopin@rof.net" General comments: /v/.c.r l ( t 5# J -.c 4-- z?„—' -- J?w v.-4 7/1 ,�e4s, �d t7 -' e -e- Q a. -V Y' ,1'\ �. rf 04 Name of review agency: By: Nei- ed Ste1 Date: ©Cf /2 —dc) 15.5;5 jz D;rec f)( RPvicPrt /1 won