HomeMy WebLinkAbout2.0 PC Staff Report 10.09.2002(pm
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PC 10/09/02
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Sketch Plan review for the Sherick Subdivision
APPLICANT / OWNER: George Sherick
REPERSENTATIVE: High Country Engineering
LOCATION: A track of land situated in Lot 25, Section 12,
Township 7 South, Range 89 West of the 6th P.M.
PRACTICAL LOCATION: North of the Aspen Glen PUD on the Roaring Fork
River.
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
Existing Shared Well
Existing Separate ISDS
Fisherman Road (CR 109)
A/R/RD
View of the Sherick property looking northward. This view shows the two existing houses and the
approximate proposed lot line (dashed line) splitting the parcel into two lots: Lot 2 having the blue house
and Lot 1 having the white modular in the background.
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I. PROJECT INFORMATION
A. Site Description:
At present, the property is 8.9 acres in size and contains two residential units: a primary
residence and a guest house. The property borders the Roaring Fork River along its eastern
property line. As such, approximately three-quarters of the property lie within the 100 -year
floodplain. The property appears to be relatively flat sloping mildly in an easterly direction
towards the river. The two single family dwellings are currently by separate ISDS and water
is provided by a shared well that provides water to both units. Access is currently provided
by Fisherman's Road and CR 109.
[As a matter of land use history, the former property owner, Doug Miller, received a special
use permit for the guest house as well as a flood plain special use permit in 1987 because
the guest house is partially located in the flood fringe.]
B. Development Proposal:
The Applicant proposes to split the property into two lots: Lot 2 having 2.6 acres and Lot 1
having 6.3 acres. In doing so, the Applicant intends for each new parcel to contain one of
the existing single family dwellings. Further, the Applicant proposes for the existing well to
remain serving both lots. Since the proposed parcel configuration would effectively "land
lock" Lot 1 from access, the Applicant proposes an access and utility easement across Lot 2
for the benefit of Lot 1.
II. STAFF COMMENTS
A. Comprehensive Plan
The property is located in Study Area 1 in an area defined as "Low Density Residential" which
suggests a density of 10 or greater acres per unit. The current parcel prior to subdivision
represents a density of 4.45 acres per unit. The subdivision would also create an average density
of 4.45 acres per dwelling unit. While this density conflicts with Comprehensive Plan, the units
and the density already exist. The Applicant will need to justify the conflict in proposed density
as stated in the Comprehensive Plan (See Section 4:33of the Subdivision Regulations.)
B. Zoning
The property is located in the A/R/RD zone district. A single-family dwelling is a use by right
in the A/R/RD zone district. However, at present, there are two residential units on the property.
The second unit is an accessory dwelling unit (ADU) which was originally approved as a "guest
house" which is a special use in the A/R/RD zone district. Further, the subdivision appears to
create two lots that are greater than 2 acres each which complies with the minimum lot area. In
addition, it appears the lot lines have been drawn so that they respect the underlying zoning
setback requirements. The Applicant should be aware of the following zone standards called out
in Section 3:02 of the Garfield County Zoning Regulations:
Minimum Lot Area: Two (2) acres.
Maximum Lot Coverage: Fifteen percent (15%).
Minimum Setback:
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(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.
3.02.07 Maximum Height of Buildings: Twenty-five (25) feet.
Additional Requirements: All uses shall be subject to the provisions under Section 5
(Supplementary Regulations).
Due to the amount of property for proposed Lot 2 that is in the Roaring Fork River, the
Applicant should be aware of the definition of 'lot area' defined in Section 2:20.30 of the
Subdivision Regulations as follows:
Lot Area: The total land area within the boundaries of a lot, excluding land below normal
high water in a river or lake or that is a portion of a public or private street/road
for the purpose of calculating the minimum lot area of any lot, tract or parcel of
land.
Due to the aforementioned, the Applicant should be aware that the high water and internal
subdivision road areas will have to be deleted out of the overall lot area calculations by the time
of Preliminary Plan. This may affect how the lot line is drawn.
C. Subdivision
The Applicant should be aware of the requirements outlined in Section 4:00 of the Zoning
Resolution for Preliminary Plan. Staff recognizes the specific circumstances surrounding this
proposal where the units, access, water, other utilities, and sewer already exist.
a. Soils/Geology
Regarding soil types, she site is located in an area that contains Atencio — Azeltine complex
and Redrob loam soils. The Atencio and Azeltine soils are deep and well drained with raid
permeability below a depth of 16 inches in the Azeltine soils. The Redrob loam is deep and
somewhat poorly drained with moderate permeability. The site already contains two ISDS
for each single-family dwelling which includes their leach fields.
The site's geologic characteristics include elements of alluvial fans and valley floors, low
terraces, and floodplain areas. The site is located, in large part, within the 100 -year
floodplain of the Roaring Fork River.
b. Road/Access
The site is currently accessed via CR 109 and Fisherman's Road (as defined on the Aspen
Glen Plat submitted with this application) which also serves the Aspen Glen Wastewater
Treatment facility as a drainage, utility, and public access easement. As noted above, access
to proposed Lot 1 will need to be memorialized in an access easement across Lot 2 due to
Lot 1's configuration.
In addition, the road that serves Lot 2 will be required to be designed according to the
county's standards for roads within a subdivision as outlined in Section 9:35 of the
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Subdivision Regulations. Specifically, the proposed road to the Sherick Subdivision shall be
improved as a primitive residential road as identified in Section 9:35 of the Subdivision
Regulations. The access to Lot 1 will be a driveway from Lot 2.
c. Fire Protection
The property is located within the Carbondale and Rural Fire Protection District; however,
the Applicant does not address fire protection measures in their application. Even though the
residences already exist, the Applicant shall provide additional information regarding fire
protection in the Preliminary Plan application.
d. Water
The property (both single-family dwellings) is served by an existing well. The Applicant has
provided a well permit in the application. Once the property is divided, the well would be
located on Lot 2. This presents an issue with respect to one well serving two separate
properties because Garfield County defines this type of arrangement as a "central water
supply system." As such, it would be required to be designed to comply with Sections 4:91,
9:53-9:55 of the Garfield County Subdivision Regulations.
In addition, the Applicant will be required to establish how the Homeowner's Association
will control the water system including a well sharing agreement that identifies all
easements around the well and associated water lines servicing the two lots. In addition, the
Applicant shall craft language regarding the well's maintenance and associated fiscal
responsibilities in the homeowners' association protective covenants.
Also, the Applicant should be aware that the Preliminary Plan phase will require the
evidence that the properties have a legal and adequate water source pursuant to Section 4:90
of the Subdivision Regulations. It appears the well was permitted in 1977 and set to expire
in 1979. It remains unclear if the well permit is currently valid or if it can serve two
residences. This will need to be clarified in the preliminary plan application.
e. Waste Disposal
The property currently uses ISDS for each residence. It remains unclear where the septic
systems and the associated leach fields are located. As part of the Preliminary Plan, the
Applicant shall locate these systems so that lot lines are not inadvertently drawn over them.
f. Drainage/Floodplain Issues
The property is located adjacent to the Roaring Fork River. A considerable amount of the
property is located within the 100 -year flood plain. The existing residential unit to be
located in Lot 2 is outside the floodplain. The existing residential unit to be located on Lot 1
is partially located in the flood fringe. Because of these flood plain / fringe issues, Staff will
require the Applicant to delineate building envelopes on the proposed plat that avoid areas
within the flood plain / fringe.
g. Wildlife
The Applicant has not included any information regarding existing wildlife on the property.
However, the impacts have already occurred since the two residential units on the property
have already been built. Otherwise, development is generally prohibited within the
floodway so as to protect the riparian nature of the Roaring Fork River.
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h. Assessment / Fees
School Impact Fee: The property is located within the Roaring Fork RE -1 School District
which requires a school impact fee or land dedication. This cash -in -lieu payment or land
dedication shall be achieved pursuant to the calculation in Section 9:80 of the Garfield
County Subdivision regulations. In this case, the primary residence on newly created Lot 2
would not be responsible for paying the fee. However, because this subdivision effectively
transforms the ADU on newly created Lot 1 to a primary residence, this unit's new
designation shall be responsible for paying this fee.
Traffic Study Area Impact Fee: The property is also located within the Traffic Study Area 9
which requires $122 per Average Daily Trip (ADT). In this case, there are two existing
residences that produce 9.57 trips each for a total of 19.14 ADT. The resulting Traffic
Impact Fee is $2,335.08. Since these fees are only collected through the subdivision process,
the ADU / guest house was never responsible for paying any traffic impact fee. As the ADU
/ guest house becomes a primary residence by virtue of the subdivision, it will be
responsible for paying that fee of approximately $1,167.
Fire Protection Impact Fee: The property is located within the Carbondale and rural Fire
Protection District. The Applicant shall be required to contact the District in order to
properly calculate the fees.
i. 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."
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
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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."
6. "Each lot shall have a maximum of 2,500 square feet of irrigation land from domestic
water system."
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 10/09/03). If a Preliminary Plan for the proposed
subdivision is not presented to the Garfield County Planning Commission by 10/09/03, the
Applicant will have to submit an updated Sketch Plan application to the Planning Department for
review and comparison with the original application.
PlanninL Commission Comments:
1) Staff and Commission will require the Applicant to hook into the Roaring Fork Water and
Sanitation District for both water and sewer.
2) Building envelopes are strongly suggested on both lots
3) Determine where the septic systems are located in their entirety
4) Applicant stated they only want to hook into central systems when new development takes
place rather than at the time of the subdivision approval
5) Comp Plan is an issue because density will increase beyond the comp plan suggested
threshold...Applicant will need to make their case.
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GEORGE SHERICK
GARFIELD COUNTY, COLORADO
SHERICK PROPERTY
SKETCH PLAN MAP
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HIGH COUNTRY ENGINEERING, INC.
/517 BLAKE AVENUE STE 101 14 INVERNESS DRIVE EAST, HIE 006
OLENWOOD SPRPK1S, 00 81601 ENOLEWOOD, CO 8052
P1-1(970) 945-8676 PH.(303) 925-0554
FX(970) 945-2555 FX(303) 925-0547
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DES. RDN
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DATE
REVISION
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DATE 07/10/02
FILE: SKETCH