HomeMy WebLinkAbout2.0 Staff ReportPC 08/25/04
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Sketch Plan review for Johnson Subdivision
APPLICANT / OWNER Derek & Kathleen Johnson
LOCATION SW '/ of Section 2, SE '/ of Section 3, Township 6
South, 93 West, East of Rifle on Graham Mesa
PROPERTY SIZE 35 acres
WATER Individual Wells
SEWER ISDS
ACCESS County Road 293 via Easement
EXISTING ZONING ARRD
SURROUNDING ZONING ARRD
I. GENERAL PROJECT INFORMATION
A. Proposal
Applicant proposes to subdivide a 35 -acre parcel into 6 lots that range from 3.88 to 10.5 acres in
size. Water is to be supplied by individual wells on each lot and wastewater is to be handled by
ISDS. Access to the property is provided via a private access easement across several properties
from County Road 293.
B. General Property Description
The 35 -acre property is located just east of Rifle on an area known as the Graham Mesa and
appears to have been historically used as a portion of a working ranch for many years. The property
can be characterized primarily by gently rolling irrigated grassland used for hay production and
other agricultural / farming purposes. The site is relatively flat with the western third of the property
rising up to an upper bench / knoll overlooking the property. There are a number of irrigation
ditches that provide raw irrigation water throughout the property for agricultural purposes that are
also managed by the Triple C Ranch Water Users Corporation.
II. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located within Study Area 2 which designates the property as "Subdivision" on the
proposed land use designation map. The property is also located within the 2 mile sphere of
influence of the City of Rifle and appears to be split by the City of Rifle "annexation" line for areas
to be annexed.
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III. APPLICABLE ZONING REGULATIONS
The following is an analysis of the proposed development with the required zoning
regulations of the ARRD zone district.
A. Proposed Uses
The Applicant proposes single-family residential development on all of the 6 lots which is
contemplated as a "use by right" in the A/R/RD zone district and is therefore consistent with
the underlying zone district. For other uses, the Applicant should consult Section 3.02 of the
Zoning Resolution.
B. Common Dimensional Requirements
➢ Lot Size / Slope: The Applicant proposes the 35 -acre property be subdivided into 6
developable lots that are all greater than the 2 -acre minimum lot size. The Applicant
should be aware that every lot will need to have a building area ("building envelope") of
at least 1 contiguous acre with slopes less than 40% pursuant to Section 5.04.02(2) of
the Zoning Resolution.
> Maximum Lot Coverage: Fifteen percent (15%)
➢ Minimum Setback:
o Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or
fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50)
feet from street centerline or twenty-five (25) feet from front lot line, whichever
is greater;
o Rear yard: Twenty-five (25) feet from rear lot line;
o Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the
principal building, whichever is greater.
> Maximum Height of Buildings: Twenty-five (25) feet
> Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations)
IV. APPLICABLE SUBDIVISION REGULATIONS
The following section addresses common subdivision components that will need to be
addressed by the Applicant as part of their preliminary plan and final plat submittal to the
County.
A. Domestic & Irrigation Water
The Applicant states that "one well shall be drilled for each parcel prior to building a home
on that parcel. First well will be drilled on Parcel 3A. Additional water allotment will be
contracted through West Divide Water Conservancy District."
The Subdivision regulations require that all lots / parcels proposed within a subdivision shall
have adequate legal and physical potable water prior to final plat. This means that the
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Applicant will be responsible for drilling and testing each well on all 6 lots prior to final plat
/ final approval by the Board of County Commissioners. This cannot be passed on as a
responsibility to future lot purchasers; it must be completed by the Applicant. The following
are the regulations that the Applicant must address regarding the provision of water:
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:
a. Evidence of ownership or right of acquisition or sue of existing and
proposed water rights;
b. Historic use and estimated yield of claimed water rights;
c. Amenability of existing right to change in use;
d. 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
e. 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
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registered engineer, shall be submitted by the applicant, even if the applicant is not
the actual supplier of water.
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.
9:52 Individual wells may be used as the water supply, provided the applicant has
submitted the required documentation to the appropriate water court, and the
Colorado Division of Water Resources will approve well drilling permits for all
lots within the development.
9:53 Central water systems shall be designed by an engineer qualified to design water
systems and be a registered professional engineer licensed by the State of
Colorado. Central water and treatment and storage facilities shall be approved
by the Colorado Department of Health. All lines in a central water system should
be looped, with no dead ends included in the system. Where dead ends are
proposed for cul-de-sacs, there will either be a fire hydrant or blow -off valve at
the end of the line.
9:54 Water supply systems, 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.
During the site visit, Staff discussed the water requirements with the Applicant explaining that
they will need to provide proof of adequate legal (well permits / augmentation plans) and
physical water (proven well with '/ miles of property) during preliminary plan review. Staff
would send this information to the Division of Water Resources who will determine whether
or not there is material injury to decreed water rights. We also discussed the possibility of
shared wells which are determined to be "central water systems" by the County and would
have to be designed pursuant to Sections 9:53 through 9:55 of the subdivision regulations
(shown above). Also note, if a shared water system is proposed, it will also be required to be
owned and maintained by the Homeowners Association.
Irrigation Water
There was no mention of how irrigation water is to be provided to the individual parcels. Staff
understands that there is a network of piped irrigation lines running through the property. The
system and water is owned and managed by the Triple C Ranch Water Users Corporation in
which the parent lot owns shares. Information will need to be provided at preliminary plan
regarding how irrigation water is to be supplied to each lot. Also note, if the system is a
shared system, it will need to be legally described and dedicated to the HOA to be owned and
managed.
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B. Waste Disposal
The Applicant proposes that each lot will be required to install individual septic systems
(ISDS) to handle waste water generated from the individual dwellings. Permits for ISDS
would be obtained during the building permit process with the County as the lots are
improved. The Applicant should be aware of spacing requirements for ISDS as they relate to
wells and live water courses.
The soils in the area mainly include No. 54 "Potts Loam" which states community
development and recreation are limited by low strength and shrink -swell potential. Dwellings
and roads can be designed to compensate for these limitations. As a result, Staff suggests a
plat note be included that requires all septic systems and foundations be engineered by a
professional engineer licensed to practice in the state of Colorado and which engineered
systems shall be submitted at the time building permits are submitted to the county.
C. Roads /Access
The property does not have direct access from a county road; however, the Applicant
proposes to provide access to the property from County Road 293 by an existing 60' access &
utility easement that is recorded in the clerk and recorder's office in book 1489 and page 132.
This easement declaration indicates that it is a non-exclusive easement for access and utilities.
This document also states that the Declarants or subsequent Lot owners may incorporate the
terms hereof into the covenants of a common interest community (HOA). Staff will require
the Applicant establish a HOA to govern the use, maintenance, and fiscal obligations as they
relate to the access easement that provides access to Parcels 1 — 6. This information shall be
submitted with the final plat documents at final plat.
It appears that the Applicant proposes to use existing dirt roads / driveways as well as new
roads to be located in a 30 -foot wide utility and access easement (right-of-way) on the
property as the internal road system. Staff review points out the following issues with that
concept:
1) Internal Road Design: The Applicant only shows that the internal roads will be located
within a 30 -foot wide access easement that basically travels along the boundaries of the
lots. Six lots produce 57.42 trips which require that all internal roads be constructed to a
"semi primitive" road design standard (Section 9:35) which required a minimum of a 40 -
foot right-of-way, two 8 -foot driving lanes, two 2 -foot shoulders, two 6 -foot ditch widths,
and a maximum grade of 10%. All internal roads will need to be design to the semi -
primitive standard and dedicated to the public and maintained by an established Home
Owners Association (HOA).
Further, it should be noted that the proposed access easement shown along the eastern
boundary of Parcels 3D and 3F also falls onto the neighboring Wentzel property. The
easement language will need to either 1) be relocated so that it falls entirely on the
Applicant's Property, or 2) enter into an agreement with the Wentzels in the easement
language allowing the easement to be partially located on their property;
2) Cul-de-sac Road Design: The Applicant proposes the main entrance to the subdivision
will occur on the southern property boundary of Parcel 3E. The proposed access to Parcel
3A and 3C are dead-end roads (considered a cul-de-sac) and are longer than 600 linear
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feet which is prohibited unless the following tests have been adequately satisfied in
Section 9:33 of the Subdivision regulations included here:
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 and not less than seventy-five foot (75') right-of-way for
commercial/industrial development where tractor trailer trucks will enter the
property or by providing a T-shaped turnaround with a minimum turning radius
of fifty feet (50') for residential development and seventy-five feet (75) for
commercial/industrial development where tractor trailer trucks will enter the
property. 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
B. Dead end streets shall be discouraged, except in cases where the dead end is meant
to be temporary with the intent to extend or connect the right-of-way in the future.
If a dead end street is approved, room for plowed snow storage shall be included
by providing a T-shaped turnaround with a minimum turning radius of fifty feet
(50') for residential development and seventy-five feet (75') for
commercial/industrial development where tractor trailer trucks will enter the
property. A dead end street being different from a cul-de-sac in that a dead end
street has no permanent turnaround at the end of the street.
3) Emergency Access Road Possibility: During the site visit, the Applicant pointed out the
possibility of extending the 30 -foot wide access road across the top of Parcel 3C and 3B
to connect to the driveway of Parcel 3B. This would create a full loop through the
subdivision which would eliminate the dead-end roads discussed above. Further, the
Applicant indicated the potential for preserving the connection of the "dirt driveway" on
the north end of Parcel 3D into the neighboring Donnell Reid property which provides
access to County Road 233 to the north. In this way, it would provide a secondary
emergency access point out of the subdivision which is highly preferred.
Lastly, Staff discussed the proposal with the City of Rifle Planning Director who indicated
they will request the Applicants dedicate a 30 -foot wide access easement along the entire
western property boundary of Parcel 3B to eventually serve as the north -south extension of
County Road 293 to County Road 233. The first portion of this easement was recently
provided to the City from the Ranch Savers, LLC development directly to the south that also
uses the same access easement.
D. Fire Protection
The property is located in the Rifle Fire Protection District. No information was provided
regarding a fire protection plan for the subdivision. During the site visit, the Applicant
indicated the potential for dedicating an internal road as a fire access road that would lead out
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the rear of the subdivision across Don Reid's property to County Road 233. Staff will ask the
Applicant to elaborate on this concept to the Commission during the meeting.
The Applicant shall need to provide a fire protection plan that addresses the fire protection
standards in Section 9:70 of the Subdivision regulations that are listed here and others as may
be required of the fire protection district:
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
The property does not appear to be located in a regulated floodplain but contains some slopes
on Parcel 3B as well as several ditch / drainages that cut across Parcels 3C, 3D, 3E, and 3F.
These topographic features, once developed, may impact the historic direction of drainage on
and off of the property. During the preliminary plan, the Applicant will be required to address
the following:
4:80 SUPPLEMENTAL INFORMATION: DRAINAGE PLAN
A drainage plan, at the same scale as the Preliminary Plan and prepared by an engineer
registered in the State of Colorado, shall depict the following information in graphic and/or
written form:
A. Existing water courses and lakes;
B. Limits of tributary areas, where practical;
C. Computations of expected tributary flows; and
D. Design of drainage facilities to prevent storm waters in excess of historic run-offfrom
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.
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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
No information was provided regarding the issue of wildlife. The Applicant shall be required
to address the following at preliminary plan:
4: 70(D) Wildlife - Description of wildlife habitation, including big game ranges based on the
mapping practices of the Colorado Division of Wildlife.
G. Soils / Geology / Radiation
The Applicant submitted very general soils information which indicates that soils on the
property vary with regard to suitability for home site development. More specifically, soils
limitations in the area include shrink -swell potential and low strength. Based on these
limitations, Staff generally requires that the following plat note be required to provide
disclosure to the potential lot purchasers that foundations and septic systems will need to have
site specific analysis and engineering.
"Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado."
The Applicant shall also address the following section in the Subdivision Regulations for
Preliminary Plan:
4:70 SUPPLEMENTAL INFORMATION:: GEOLOGY, SOIL, VEGETATION AND WILDLIFE
Information on the following characteristics of the area proposed for subdivision shall be
shown graphically and/or by reports, whatever is appropriate, for a complete description of
existing conditions, and shall include:
A. Geology - Description and/or illustration by a registered professional engineer
licensed by the State of Colorado of bedrock lithology and the stratigraphy of overlaying
unconsolidated materials in sufficient detail to indicate any potential development
problems resulting from groundwater, subsidence, instability in road excavations and ills,
expansive soils, drainage patterns, structural bearing strength, or the like;
H. Vegetation
The Applicant will be required to provide a vegetation management plan as part of
preliminary plan that addresses weed management, topsoil disturbance issues, and
revegetation of disturbed areas in the development of the site. In particular, the plan will also
include a security to be paid to the County to ensure that the revegetation has been successful.
This security is generally based on the amount of acreage to be revegetated and this security
will be released back to the Applicant once successful revegetation has been determined by
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the County Vegetation Manager. These obligations will need to be incorporated in the
Subdivision Improvements Agreement (SIA).
4:70 SUPPLEMENTAL INFORMATION:: GEOLOGY, SOIL, VEGETATION AND
WILDLIFE
G. Vegetation - Map and description of plant associations following practices of the
Soil Conservation Service and including a description of adapted materials and the
location of major tree masses.
I. Easements
The Applicant will need to delineate, legally describe, and convey all easements shown on the
plat to the Homeowners Association. This dedication needs to be in a form acceptable to the
County Attorneys Office and transfer shall occur at the time of recording the final plat. These
easements shall include all access and utility easements, ditches, and any shared water
systems and their components.
J. Assessment / Fees
The property is located in Traffic Study Area 6 which requires a $210 per ADT fee be paid to
the County. This will be figured at the time of final plat. The Applicant could expect to pay an
approximate preliminary Traffic Impact Fee of $11,190.88 of which 1/2 shall be paid at final
plat and included as a component of the SIA.
The development is also located in the RE -2 School District which requires a $200 per lot
School Site Acquisition Fee for a total of $ 1,200.00 to be paid at final plat and included as a
component of the SIA.
K. Recommended Plat Notes/ Covenants
Please be aware, the County requires the Applicant place the following plat notes be included
on the final plat and in protective covenants:
1. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield County's agricultural operations as a normal and necessary aspect of living
in a County with a strong rural character and a healthy ranching sector. All must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
public roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments,
herbicides, and pesticides, any one or more of which may naturally occur as a part of a
legal and non -negligent agricultural operations."
2. "No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision.
One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances."
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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 exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the property
boundaries."
5. "One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries."
6. "All Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado."
7. "All internal roads shall be dedicated to the public and maintained by an established
Home Owners Association (HOA)."
L. General Planning Comments
While the proposed lot sizes are consistent with ARRD zoning, a discussion with the City of
Rifle Planning Director pointed out that this area will likely be annexed into Rifle at some
point in the future and that Rifle prefers to see development in that area in the form of 1/2 -acre
lots and streets that conform to City standards (sidewalks / street lighting / curb and gutter,
etc) so that once it is annexed, it can easily be incorporated into the more urban fabric of the
City of Rifle. The County and the City have had discussions regarding planning in the
"fringe" or "buffer" areas just outside of Rifle but that requires a complete set of agreed upon
standards and Intergovernmental Agreements (IGA) supporting duel jurisdiction which would
have merit but are not in place at present. Short of rezoning the property to RLSD allowing
for 20,000 sq. ft. (1/2 -acre) lots, it appears ARRD will remain the governing zoning.
As far as site design, the large square lot layout requires a lot of linear footage be devoted to
internal roads and utilities, in that, they essentially travel the exterior boundary of the parent
35 -acre property. It would appear a more efficient lot layout could achieve desired acreage as
well as a more efficient internal road system.
As an interesting note, the Ranch Savers, LLC property directly to the south placed
approximately 80 acres in perpetual conservation easement with Aspen Valley Land Trust
(AVLT). It appears this property could take advantage the cluster regulations which is also an
incentive subdivision regulation geared to provide extra lots at 1 -acre minimum lot sizes
while setting aside a percentage of open space. Clearly, this regulation may or may not
coincide with free market lot size objectives.
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This incentive regulation is mentioned only because smaller (suburban -like) lot sizes could be
achieved to the future benefit of Rifle, costs significantly reduced for infrastructure, extra
bonus lots obtained, and existing agriculture ground could be preserved that could be designed
to be contiguous with existing and already preserved agricultural land in the Ranch Savers
property to the south. It appears this property could lend itself well to the cluster regulations.
M. Rifle Watershed District Permit
The property is located in the City of Rifle Watershed District which was created as an area to
be protected from development that may adversely affect the primary sources of drinking
water for the City of Rifle. The Applicant will need to obtain Watershed Permits from the
City if necessary. Staff suggests the Applicant contact the City of Rifle Planning and Public
Works Departments to determine if permits are necessary.
N. Mineral Rights
It is unclear if the Applicant (surface estate) also owns the mineral estate for the subject
property. If the estates are severed and owned by other entities, the Applicant shall include a
plat note on the final plat stating the following: "The mineral rights associated with this
property have been partially severed and are not fully intact or transferred with the surface
estate therefore allowing the potential for natural resource extraction on the property by the
mineral estate owner(s) or lessee(s)."
0. Sketch Plan Comments and Preliminary Plan Review
The Sketch Plan comments shall be valid for a period not to exceed one (1) year from the date
of the Planning Commission review. If a preliminary plan for the proposed subdivision is not
presented to the Garfield County Planning Commission by that date, the Applicant will have
to submit an updated Sketch Plan application to the Planning Department for review and
comparison with the original application.
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