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HomeMy WebLinkAbout2.0 Staff Report 12.10.03PC: l2ll0l03 FJ PROJECT INFORMATION AND STAFF COMMENTS Sketch PlanTYPE OF REVIEW: SUMMARY OF REQUEST: APPLICAIIT: LOCATION: WATER SEWER: ACCESS: LOT SIZE: EXISTING ZONING: ADJACENT ZONING: A request for review of the Holms Creek Homestead Sketch Plan for a seven (7) lot subdivision Dannie Locklear The property is lies off County 301 in the Holms Mesa areainthe SE % of Section 7, Township 7 South, Range 94 West of the 6'o P.M. Existing well / Central water system Individual Sewage Disposal System (ISDS) ,U)t @ Access and Utility Easement off of County Road 301 92.496 aqes A/ R/ RD (Agricultural / Rural / Residential Density) A/R/RD I. DESCRIPTION OF PROPOSAL: 1. Development Proposal: The Applicant is proposing to subdivide approximately 92.5 acres into 7 lots, approximately 4 acres will be the access driveway. The following acreage is proposed for each lot: 1 5.0 2 2.5 J 5.0 4 2.7 5 5.0 6 5.1 7 63.5 Holms Creek Homestead Sketch Plan PC: 12/10/03 Page2 2. Site Description and Existing Conditions: The subject property is vacant. The property slopes tn a northerly direction. The property is steep along the southwest corner of the property The Sketch Plan identifies the "top of the bank" in this area. There is a drainage channel that traverses the property from in a south to north direction. This drainage enters the property in the middle of the southern property boundary and traverses diagonally through Lot 5 and along the northeast side of Lot I where it exits the property. There is an existing well on the property located on proposed Lot 2. Access to the subject property ts off a 20' Access and Utility Easement that traverses the property to the north which takes access off of County Road 301. 3. Proposed Uses: The Applicant is proposing single family residences and customary accessory uses on each lot. 4. Adjacent Land Uses: The subject property is encompasses by private land. The adjacent land owners are identified on the Sketch Plan. No public lands are contiguous to the subject property. 5. Applicability: Pursuant to Section 3:00 of the Subdivision Regulations, the Sketch Plan is the initial review of any subdivision proposal to determine the conforrnance of the subdivision with the County's Subdivision Regulations and with any other applicable regulations, resolutions or plans. II. REVIEW AGENCY A}[D OTHER COMMENTS: The application was not referred out to any agencies UI. SKETCH PLAN (SECTION 3:00) A11 Sketch Plan comments are kept on file in the Planning Department office. The Sketch Plan comments shall identiff issues applicable to the subdivision proposal, with the comments subject to change, if there are changes in the circumstances, documents or regulations used as the basis for comments. Completion of the Sketch Plan process shall, in no way. constitute approval of the proposed plan. The Planning Commission shall review the application for consistency with the standards and polices set forth in the following: A. Garfield County Subdivision Regulations. B. Garfield County ZoningResolution. C. Garfield County Comprehensive Plan. D. Garfield County road standards and policies Ial [.- tu)!:-r s{iolol EI20.o'1 Ij I I,l I "nd.Cop tl io V) oir)\o I It--lt <- Access and. Utilitg - EasenentBookSs3,t. Pdoe il9 Proposed. A*ess via Countg Rodd. No. 3O1 RADruS LENATH TANGENT CHORD BE4RI/VG DELTA 150.OO'154.91 85,16')48.1 2's60'59',13'E 59'1,'.14" 200.00'206.55'1 13.55',197.49',s60'59't2^E s9'10'1 5' c3 50.oo'49.20'70.14',N44"53',30"8 49"o4'20" c4 25.04',38.A7 24.60'35.07 N44'53',i1'E 89'O4',20' c5 25.OO',39.67 25.41',35.64'N45'06',30',W 90'55'40' c6 50.o0'79.35'50.82',71.28',N45"06',30',W 90's5'40" Fred. dnd. Renee Cafrercn PO Box 1713 RiJle Colorado 81650 Parel No. 24O5O7|OOO7O si:r 8jn Fisql\oo!tai I j I I I I I I I I 25631 in PIa@ N 89"25',40'E 2607.7S',Rebd anl Cap LS No.25631 Found in Ploe ,.oo' c.p 43 \ co TD Joan Sawge 5953 Countg Road S2O Rifle Colorudo 81650 Pdr@l No. 24O5O83OOOO8 S Ns ,e tn a o s\ N o E Rebat and cap LS No.25631 Found in Ploed t1 @ Point of Beginaing s 88"50'53',W 25s1.32'. 50.0' Holms Creek Homestead Sketch Plan PC: 12110103 Page 3 E. Garfield County municipal comprehensive plans and municipal regulations, as applicable. F. Other applicable local, state, and federal regulations, resolutions, plans and polices, as applicable. IV. STAFF COMMENTS A. Comprehensive Plan: The subject property is located in Study Area2 and 3 of the Comprehensive Plan of 2000. The property is not located within any 2-mile sphere of influence of any surrounding towns, i.e. Parachute or Rifle. The proposed land use designation on the subject property is "Outlying Residential". Outlying Residential is consistent with the underlying zoning, which in the case of A / R / RD is a minimum lot area of 2 acres. The lots proposed as part of this subdivision are consistent with the proposed land use designation in the Comprehensive Plan. B. Zoning: The minimum lot size per dwelling unit in the A/R/RD zone district is 2 acres. The lots being created are greater than2 acres in size as seen on the Sketch Plan and in the table above. C. Subdivision: Pursuant to section 1:21 of the Subdivision Regulations: "The Subd.iuision Regulations [were] are d.esigned and enacted,for the purpose of promoting the heahh, safety and utelfare of the present andfuture inhabitants of Garfield County by erucouraging orderly deuelopment, in, accordance uith established County policies and plans and, infurtherance, of the general policy of balancing the diuersifi,ed needs of a changing population, including lessening congestion on streets or roads, reducing water in excessiue anxounts of roads, securing safety from fire, tlood, u)d,ters and other d,angers, prouiding adequate light and air, classifying land uses and the d,istribution of land deaelopnxent and utilization, protecting the tax base, securing economy in gouernnxental expenditures, fostering agricultural and other industries, and, protecting both urban and non-urban, deuelopment." The Applicant shall be aware of the applicable General Site Standards outlined in Section 9:00 of the Subdivision Regulations, which include: 9: I I In designing and planning individual lots and streets layoutfor a subdivision, the constructed improvements and engineering design shall conform to the provision of Section 9:00, as well as to other applicable Garfield county land use regulations. 9: I2 Land subiect to identified natural hazards, such as falling rock, land slides, snow slides, mudJlows, radiation, flooding or high water tables, shall not be plattedfor any use other than open space or an uninhabitable portion of a lot over two (2) acres, unless N J N \l.\ \\,.\t Holms Creek Homestead Sketch Plan PC: I2ll0l03 Page 4 mitigation is proposed by a Colorado registered professional engineer qualified to do such design. 9: I3 Development plans shall preserve, to the maximum extent possible, natural features such as unusual rockformations, lakes, rivers, streams and trees. Where appropriate, the subdivider may be required to dedicate lands to lot owners to preserve thesefeatures. In no case shall lots be designed such that a dwelling unit will be located closer than thirty feet (30 ) to a live stream, lake or pond, regardless of the fact that floodplain regulations may allow dwelling units located closer in some instances. 9: I5 One (I) 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 allowingfor tlte removal of a dogfrom the subdivision as afinal remedy in worst cases. (99- 0e6) 9: l6 No open hearth, solid-fuelfireplaces are allowed anywhere within a subdivision. One (I) new solid-fuel burning stove, as defined by C.R.S.25-7-40l,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: I7 Each subdivision shall have covenants requiring that all exterior lighting shall be directed inward, towards the interior of the subdivision. (99-096) 9: I 8 No further subdivision of a recorded subdivision shall be allowed, except where it is providedfor in an approved Preliminary Plan or when the zoning of the property allows for multi-family dwelling units as a use by right and the application is for a multi-family dwelling unit. 9:21 Lot size, width, depth and shape shall be appropriatefor the type of development proposed and shall meet or exceed the minimum lot size requirements of the Garfield County Zoning Resolution or PUD regulations, where applicable. D. Water: Staff understands that two wells, one existing and one in the process of being obtained, will serve Lots I through 6. The Applicant attached a copy of the application form for the proposed second well with the application. Lot 7 will be supplied from an existing decreed spring. The Applicant provided with the application, a copy of a Water Rights Quit Claim Deed, dated June 19, 2003, however, not recorded. A recorded copy shall be provided at Preliminary Plan. According to the Quit Claim Deed, the following water rights were attached to the subject property: l) A 1/16'h interest in the Marti-Kennedy Ditch; 2) 1.85 c.f.s. in the Anderson Ditch from the cottonwood creek; and 3) a domestic well, well Permit No. 90380. Holms Creek Homestead Sketch Plan PC: l2ll0l03 Page 5 The Applicant provided a Water Supply summary prepared by Colorado River Engineering, Inc. (CRE, Inc.). According to CRE, Inc., the existing well on Lot 2 has been tested in the past and demonstrated water availability. A copy of the well test has been submitted with the application. A copy of the Well Permit for the existing well on proposed Lot 2 was not provided. A copy wilt need to be provided at Preliminary Plan. CRE, Inc. noted that the second well will be drilled and tested prior to Preliminary Plan application. CRE, Inc. recommends that water storage should be required on an individual lot basis to accommodate peak water demands. CRE, Inc. noted that the spring that will provide water to Lot 7 will be piped to a water storage tank for delivery to residential water use. CRE, Inc. recommends that a monitoring program be established to document physical supply from the spring in support of future Preliminary Plan submittal requirements. At Preliminary Plan, evidence that a water supply for all seven (7) lots, sufficient in terms of quality, quantity and dependability, shall be provided to ensure an adequate source of water for the proposed subdivision (refer to section 4:91 of the Subdivision Regulations). The Applicant shall note that any well that is to serve more than one property (i.e. shared wells) is considered by Garfield County to be defined as a central water supply system and must comply with section 9:53 of the Subdivision Regulations outlined below. The Applicant shall also take into consideration the following for water supply at Preliminary Plan application: 9:5I 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 wqter 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 destgned 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 focilities 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. V[rhere dead ends are proposedfor cul-de-sacs, there will either be afire hydrant or blow-offvalve at the end of the line. 9:55 All water mains shall be a minimum diameter offour inches (4"), provided storage facilities adequate for fire protection are available. Holms Creek Homestead Sketch Plan PC: l2ll0l03 Page 6 E. Wastewater: Individual Sewage Disposal Systems (ISDS) are proposed for each lot. With respect to sewage disposal, the following standards will apply to the Preliminary Plan application: 4:92(D) If no central sewage treatment worl<s is proposed and individual sewage disposal systems will be utilized, a description of sewage, tlte 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: l. 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 4:92(E) If individual sewage disposal systems are to be utilized, a proposed management planfor the operation and matntenance of on-site systems shall be provided. 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. F. Access: Access to the Subdivision is proposed by means of a20'Access and Utility Easement through the property to the north, which will take access off of County Road 301. According to a Warranty Deed submitted with the Applicant recorded in Book 853, Pages 819- 821, when the Applicant, Dannie Locklear, sold the property to the north to Mr. Ted Clark in 1993, the legal description provided for the following provision for access to the subject property, "Grantor reserve a non-exclusive easementfor ingress and egress over the West 20 feet of the above-described parcel, and for purposes of buried utility lines to serve grantor's adj oining property only. " It does not appear that this easement allows for an additional six (6) lots. In addition, a 20 foot access and utility easernent does not appear to be sufficient to support the anticipated 67 Average Daily Trips for seven (7) lot. Pursuant to section 9:35 of the Subdivision Regulations, design standards are set out for streets and roadways within a subdivision. The average daily trip for a single family residence is 9.57. The average daily trip for the proposed Subdivision is 67 (7 lots It9.57 ADT), which falls under the Semi-Primitive design requirements (21 to 100 ADTs). The minimum right-of-way in this category is 40 feet. \r \i\Preliminary Plan, the Applicant will need to provide documentation that the proposed lots in Subdivision will have adequate and legal access from a public right-of-way, County Road At the Holms Creek Homestead Sketch Plan PC: l2ll0l03 PageT 301, that is in conformance with the County standards. The Applicant shall be aware of the Street and Roadways standards in section 9:30 of the Subdivision Regulations. In particular section 9:34 which reads, "all streets are dedicated to the public but all streets will be constructed to standards consistent with lthe Subdivision] Regulations and repair and maintenance shall be the responsibility of the incorporated Homeowners Association of the subdivision " Therefore, the proposed looped shared driveway shall not be identified as an easement but a right-of-way. Pursuant to Section 4.94 of the Subdivision Regulations, a part of the County's Capital Improvement Plan, the Board has established traffic study areas. The subject property lies within Traffic Study Area 1 of the Capital Improvements Plan. At the time of Final Plat, the Applicant will be required to pay 50% of the road impact fees for the subdivision. At the issuance of a building permit, other road impacts fess will be collected. Appendix A of the Subdivision Regulations provides a Road Impact Fee Calculation Work Sheet. In the event any fees increase before the time of Final Plat, the increased fees shall be paid. G. Soils/Topography/Radiation: According to the soil survey, from USDA Soil and Conservation Service, the following soils designations are located on the subject property: 1. Bucklon Inchau loams, 25 to 50 percent slopes (#12) 2. Morval-Tridell complex, 6 to 25 percent slopes (#45) 3. Vale silt loam, 6 to 12 percent slopes (#69) 4. Villa Gove-Zoltay loams, 15 to 30 percent slopes (#71) The interpretation tables for this ffie of soil can be seen in more detail in the application. The Applicant noted there are no known radiation hazards on the site. The Applicant shall note that pursuant to Section 4:60 of the Subdivision Regulations, a radiation evaluation will be required as part of the Preliminary Plat process. H. Fire Protection: The property lies within the Grand Valley Fire Protection District ("Fire District"). A letter from the Fire District, dated };4ay 22,2003, was submitted with the application. David Blair, District Fire Chief, comments shall be adhered to. A summary of Mr. Blair's comments are as follows: 1. Based on the size of the Subdivision, alocalized water supply systems (NFPA l23l) and fire protection sprinklers will be better suited to provide fire protection. 2. NFPA 1231 recommends that a water supply be located within 150 feet of a N rr\J t.\.\ \ ')5 s \ \ ,il Holms Creek Homestead Sketch Plan PC l2ll0l03 Page 8 residence, a4Y, hydrant connection capable ofproviding 500 gpm and a capacity to be determined by the square footage of the residence. A minimum size of 2,500 gallon tank per lot is a reasonable requirement for residence under 3,600 square feet. Sprinkler systems would be optional for residence up to 3,600 square feet. Residences over 3,600 square feet will need to have both the calculated size storage tank and a sprinkler system to provide initial knockdown capabilities. 3. With respect to access / egress requirements and defensible space, the Colorado State Forest Service has recommended using the NFPA - II44 standards, Protection of Life and Property from Wildfire and CSFSS Publication No. 6.302 - Creating Wildfire Defensible Zones. (These documents are attached to Mr. Blair's letter.) The following standards (Section 9:70) 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. 9:73 Where there is no central water system available, a central locatedfire protection storage tank shall be designed to meet the fire protection needs of the subdivision and be approved by the appropriatefire district. 9:74 Water usedforfire protection purposes does not have to be potable water and may be from a source separate from the domestic supply. I. Drainage/Floodplain Issues: The application does not discuss drainage or floodplain issues. There do not appear to be floodplain issues on the subject property. The Applicant should be aware that the Preliminary Plan phase will require a Drainage Plan prepared by an engineer registered in the State of Colorado (refer to section 4:80 of the Subdivision Regulations). The Applicant should also be aware of the following subdivision standards outlined in Section 9:40 of the Subdivision Regulations. 9:41 Drainage easements, channels, culverts and required bridges shall be designed by an engineer registered in the State of Colorado. 9 : 4 2 All drainage facilities shall be designed based on a twenty-five (2 5) year frequency storm. 9:43 Where new developments create run-offin excess of historic site levels, theuse ofdetention ditches and ponds may be required to retain up to a one hundred (100) yeqr storm. 9:44 All culverts shall be designed such that the exposed ends are protected by encasement in N*) Holms Creek Homestead Sketch Plan PC: l2ll0l03 Page 9 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 contain any analysis of wildlife impacts or propose any wildlife mitigation. At the time of Preliminary Plan, pursuant to section a:70(D) of the Subdivision Regulations, the Applicant shall provide a description of the wildlife habitation on the subject property. 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 CDOW in order to gain their input on the project. K. Assessment / Fges: Pursuant to Section 9.80 of the Subdivision Regulations, the Board of County Commissioners may seek land or cash-in-lieu of land for parks and I or schools during the subdivision review process when such are reasonably necessary to serve the proposed subdivision and future residents. School site or park acquisition cash in lieu shall be based upon a study of the fiscal impact on the district by new subdivision development, approved by the Board of County Commissioners and Planning Commission. The subject property lies within Garfield 16 School District. The Preliminary Plan application will be referred to the School District for comments and a determination of assessments / fees. L. Utilities: The Applicant noted that natural gas will be provided by Xcel Energy and that telephone service will be provided by Quest. The Applicant indicated that no cable TV service will be available to the lots. The Applicant has provided a non-executed Holy Cross Energy right-of-way easement for overhead power lines within a 20' wide easement. It is unclear as to whether existing overhead power lines currently traverse the property or whether they are proposed. If proposed, Staff recommends that all new utility extension be buried. M. Ditches: According to the Water Rights Quit Claim Deed provided with the application, the subject property has 1/16" interest in the Martin-Kennedy Ditch and is allowed 1.85 c.f.s. in the Anderson Ditch from the Cottonwood Creek. It is unclear as to where these ditches are located on the subject property. At Preliminary Plan, the Applicant shall identifu theses ditches on the Preliminary Plan. Easements shall be provided for all existing and proposed ditches. N. Weed Management: No vegetation management plan was submitted with the application. The Applicant shall note that pursuant to section a:70(C) of the Subdivision Regulations, "a 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 " shall be submitted at Preliminary Plan. The Applicant is encouraged to work with Mr. Anthony regarding weed management on the property. O. Ownership: It is unclear as to the actual owner of the subject property. On the Sketch Plan and on the application, Holms Creek Partners, LLC. is identified as the property owner. In Holms Creek Homestead Sketch Plan PC: l2ll0l03 Page 10 reviewing the Warranty Deeds and Quit Claim Deeds provided in the application and summarized below, it appears that the owner is Dannie P. Locklear and not Holms Creek Partners, LLC. 1998 Warranty Deed: Sale of subject property and additional land sold later (approximately 182.6 acres) from Felix and Elna Sefcovic to Dannie and Edith Locklear. 1993 Warranty Deed: Sale of a portion of the subject property, to the north, approximately 90 acres, to Ted V. Clark from Dannie Locklear (no mention of Edith Locklear's name on Deed for this sale). 1995 Ouit Claim Deed: Edith Locklear sells subject property (92.5 acres) to Dannie Locklear. 4. 2003 Water Ri Ouit Claim Deed:Dannie Locklear transfers water rights on subject property to Holms Creek Partners, LLC. Ri8ht-of-way Easement from Holy Cross Energy: The non-executed r-o-w easement provided with the application has Dannie Locklear as the Grantor At Preliminary Plan, the Applicant shall clariff the actual owner of the property. It appears from the documents submitted with the application (the Warranty Deeds and Quit Claim Deeds) that the Applicant, Dannie Locklear, needs to quit claim the subject property to Holms Creek Partners, LLC. P. Mineral Rights: The Applicant provided copies of Oil and Gas Leases for the subject property. The Applicant should take special caution to be sure to properly notify the mineral rights owners and lessees of any public hearings concerning this project (pursuant to sections a:21(2) and 4:31(2) of the Subdivision Regulations). a. Recommended Plat Notes/ Covenants: Please note that the County requires the following plat notes 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 chernical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may nafurally 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 buming stove as defied by C.R.S. 25-7-401, et. seq., and the I 2 J 5 $}- \ l' \tt\ $6\N .TN r,{ \ A)\ U Holms Creek Homestead Sketch Plan PC: l2ll0l03 Page 1 I regulations promulgated thereunder, will be allowed in any dwelling unit. A1l 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 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, 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. V. CONCLUSION: 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 December 10, 2004). If a Preliminary Plan for the proposed subdivision is not presented to the Garfield County Planning Commission by December I0,2004, the Applicant will have to submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application.