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HomeMy WebLinkAbout7.0 PC Staff Report 10.08.1990• • PC 10/8/90 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Lazy Diamond A Sketch Plan OWNER/APPLICANT: LOCATION: SITE DATA: C.E. & E.R. Axthelm Jerome Gamba, P.E. Pat Fitzgerald, Owners' Representative A tract of land in Sections 3 and 10, T7S, R98W of the 6th P.M.; located approximately 3 miles south of the Glenwood Springs city limits on C.R.117 (4 Mile Road) at the intersection with C.R. 125 (Dry Park Road). The site consists of 85.67 acres. WATER: Community water system proposed. SEWER: Individual sewage disposal systems. ACCESS: Proposed roadways off C.R. 117. EXISTING AND ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District C - Rural Areas/Minor Environmental Constraints as designated on the Garfield County Comprehensive Plan Management District's map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located at the intersection of Four Mile and Dry Park Roads. Approximately eight (8) acres are located on the southeast corner of the intersection with the remainder of the property located on the northeast corner. The property has roughly 2400 feet of frontage on C.R. 117 and 1100 feet on C.R. 125. The property currently has a residence and outbuildings located on it. Improvements on the portion across Dry Park Road consist of the firehouse. The remainder of the property is currently in agricultural production as irrigated hayfields and pasture lands. The property slopes gently from south to north. Some trees are located at the southwest corner of the property. An irrigation ditch runs parallel to the west property boundary. Adjacent parcels are residential and/or agricultural in use. Sunlight View subdivision is approximately 1/4 mile away. B. Project Description: The applicant is proposing to subdivide the property into twelve (12) residential lots and three (3) "outlots". Average lot size of the residential lots is approximately 5 acres with lots ranging in size from 4.1 to 6.4 acres. • • C. Modifications Since Sketch Plan: Since the sketch plan the applicants have added additional acreage in the form of 3 "outlots". A portion consist of Outlot 1, a 16.9 acre tract to the east of the main acreage. Outlots 2 and 3 are located across Dry Park Road and consist of 8 acres which are not intended for residential development. III. REVIEW AGENCY COMMENTS A. Mt. Sopris Soil Conservation District: Expressed concerns over the continuing use of irrigation water, dog control, revegetation and the potential point and non - point source ground water pollution. B. Colorado Geological Survey: No apparent geological or soils hazards. Concerned about potential for radon gas accumulation. C. Colorado Department of Health: Expressed recommendation of need for consolidated water and wastewater treatment in a regional context. D. Division of Wildlife: Expressed concerns about dogs and wildlife, fencing, vegetative removal and winter habitat. E. Glenwood Springs Fire Department: Discussed requirements for water supply, fire hydrants, cul-de-sac improvements and ventilation requirements for chlorination system. F. County Attorney: Comments addressed submittals, roads, water, easements, open and off-site improvements. IV. Staff Comments 1. Design: The applicants have modified the original proposal to include 3 "outlots". The Zoning Resolution has no provision for "outlots". Delineated lots must be identified as lots or reserved as easements. Outlot #1 and the northerly extending tail are currently subject to litigation and should be deleted from the plat. Outlot #2 is the site of the fire station and ownership should be transferred to the Fire Department. Outlot #3 should be identified and reserved to Homeowner's Association. This dedication should satisfy the requirements of Section 9:80. 2. Physical Characteristics: The underlying geology and surficial topography should present no problems in homesite development. Soils reports do not indicate any potential limitations. 3. Roads: All of the proposed residential lots will be served from the two proposed cul-de-sacs. One of the two cul-de-sacs exceeds the 600 foot maximum length. In their review letter, the fire department has indicated that the cul-de-sacs are acceptable with 50 foot radius cul-de-sacs. Section 9:34 B allows excessive length cul-de-sacs with the fire district's approval and appropriate design. No specific street design has been submitted with the application. All roadways will require development in conformance with Section 9:34 - 9:37. The proposed roadways would not be accepted by the County and thus the responsibility for maintenance would become the Homeowner's Association. In lieu of participation in the general upgrading of Four Mile Road, the Commissioners have indicated that they will request the following exactions based on traffic impacts generated by the development: the dedication of • i right-of-way and chip/seal surfacing of the contiguous portion of Dry Park Road, the construction of turn lanes and/or acceleration/deceleration lanes on Four Mile Road for Dry Park Road and each of the two cul-de-sacs and the possible requirement for additional right-of-way to accommodate future widening of Four Mile Road. 4. Water: The applicants are proposing a community water system to service the 12 residential lots. Water will originate from a spring to a pump and chlorination station on Lot 12. From this point, the water will be delivered through 6 inch mains to the lots and the fire protection system. A 100,000 gallon storage tank will be placed on Outlot #3 to provide the 500 g.p.m. fire flow as well as storage for peak demands and emergency deeds. The water system will be conveyed to the Homeowner's Association and will not be expected to repay construction costs from operating income. Management and maintenance costs will be borne by the Homeowner's Association. The water demands for the project have been anticipated at 8.33 acre feet annually, 5.88 feet for in-house domestic purposes and 2.45 acre feet for irrigation. The applicants are proposing to transfer irrigation water to domestic use based on historic diversion. The proportional share of the diversion exceeds proposed consumptive use. The applicant's engineer has proposed an augmentation plan using the Atkinson Ditch and an on-site storage reservoir so that water can be released to augment out of priority stream depletions caused by domestic diversions from the spring. No response to the physical and legal water supply by the Division of Water Resources has been rendered. Plans will also require pre -approval of the Colorado Division of Health. 5. Sewer: The applicants have proposed I.S.D.S. to serve each residential lot. Preliminary soils information indicates that no problems with conventional septic systems should be present. 6. Other Utilities: Natural gas, electric, telephone and cable t.v. are proposed for each lot. Easements parallel to the improved road surface within the road right-of-way should be identified. In addition, the proposed 20' easement parallel to Four Mile Road should be verified to be outside of the County road right-of-way. 7. Drainage: The applicants have not submitted an adequate drainage plan addressing the design of drainage facilities. V. SUGGESTED FINDINGS A. That proper publication, public notice and posting were provided as required by law for the hearing before the Planning Commission; and B. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; and C. That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County; and • • D. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution; and E. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted and, in addition, have been found to meet all requirements of the Garfield County Subdivision Regulations. VII. RECOMMENDATION Staff has concerns that the issues of physical and legal water supply, as well as the distribution system, may not have been adequately addressed to date. Concerns remain regarding the water situation without any response from the Division of Water Resources. If the Commission feels confident that the water supply is adequate, then staff recommends this application be forwarded to the Commissioners with a favorable recommendation subject to the following conditions: 1. The applicant shall reserve an easement of adequate size in a central location for a community dumpster. This easement shall be dedicated to the homeowner's association and reserved in perpetuity for this purpose. The homeowner's association shall be responsible for the upkeep and maintenance of this area. 2. That all representations of the applicant, either within the application or stated at the Public Hearing before the Board of County Commissioners shall be considered conditions of approval, unless stated otherwise by the Planning Commission. 3. The homeowners association shall be incorporated in accordance with Colorado Revised Statute requirements. 4. The applicant shall prepare and submit a subdivision improvements agreement addressing all on and off-site improvements, including off-site improvements to C.R. 117 and 125, prior to the submittal of a final plat. 5. The applicants shall submit improvement plans for all roads and drainage structure prior to the submittal of the final plat. 6. That all utilities shall be placed underground. 7. That all cut slopes created during construction shall be revegetated with native grasses and shrubs. 8. That the applicant shall demonstrate that procedures are established for the maintenance of all roadways, including snow removal, through the Homeowner's Association. 9. That the applicant shall pay $200 per lot in School Impact Fees prior to the approval of the Final Plat. 10. That the Open Space areas shall be appropriately dedicated to the public for said use in perpetuity and may not be subsequently subdivided. Maintenance shall be the responsibility of the Homeowner's Association. 11. That all required permits from the Road and Bridge department shall be obtained prior to the commencement of construction. 12. That all roadways shall be constructed to minimum County Standards subject to the approval of the Glenwood Springs Fire Department. • • 13. That a court decreed water augmentation plan shall be submitted prior to the approval of the Final Plat. 14. That the following plat notes shall be included on the Final Plat. 1) Radon gas accumulation mitigation measures shall be addressed during the building permit application process. 2) Individual lot owners shall participate in a road improvement district, if formed. 3) U.S.F.S. and State Forester wildfire prevention guidelines should be incorporated into residential site planning and design. 15. That the water supply and distribution system plans shall be reviewed and approved by the Drinking Water Unit, Water Quality Control Division - Department of Health, prior to the Final Plat approval. 16. "Outlot #3" shall be appropriately designated as common open space on the Final Plat. Ownership shall be transferred to the Homeowner's Association who shall be responsible for maintenance. This shall be reflected in the by-laws and/or covenants. 17. That the applicants shall submit the articles of incorporation, by-laws and restrictive covenants for County review prior to the submittal of the Final Plat. 18. That "Outlot #1" shall be deleted from the Final Plat and that a revised legal description be submitted prior to the Final Plat. 19. That "Outlot #2" be identified as a lot and transferred to the Glenwood Springs Fire Department. 20. That prior to the submittal of a Final Plat, the applicants shall submit a revised drainage plan. STATE OF COLORADO111 Roy Romer, Governor !-' DEPARTMENT OF NATURAL FL :. ,OURCES DIVISION OF WILDLIFE AN EOUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6080 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 Garfield County Planning Department 109 8th St., Suite 303 Glenwood Springs, CO 8160.1 Dear Mr. McGregor: REFER TO: Sept. 12, 1990 I refer you to my comments and letter dated 7-3-90 regarding the Lazy Diamond A subdivision proposal. I would like to make an additional comment for outlot number 3, which was not previosly identified. The proponent has identified this parcel for utility and recreational purposes. Since this lot is predominantly an oakbrush/serviceberry hillside it is important to wintering deer/elk. To minimize impacts it would be beneficial to: 1. Maintain native vegetation - no vegetative removal 2. Winter closure for recreational purposes from Dec. 1 - March 15 in order to protect wintering wildlife. If you have any questions, please feel free to give me a call. Thankyou for the opportunity to comment. Sincerer y: 74 Kevin Wrigh District Wildlife Manager Carbondale I(TI 1.• 1U990 y . DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman • Dennis Luttrell, Vice Chairman • Eldon W. Cooper, Secretary Felix Chavez, Member • Rebecca L. Frank, Member • Gene B. Peterson, Member • George VanDenBerg, Member • Larry M. Wright, Member s'Iml: ut- eULUNAUU Roy Romer, Governor DEPARTMENT OF NATURAL RE;.._ JRCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson. Director 8080 Broadway Denver, Colorado 8021e Telephone: (303) 297.1192 Garfield County Planning 109 8th St. -Suite 303 Glenwood Springs, CO 81601 REFER '0 7-3-90 Dear Mr. McGregor: The Lazy Diamond A Subdivision proposal located along the Fourrnile Road and Dry Park Road lies immediately adjacent to deer and elk winter range and winter concentration areas. These wildlife areas are the oakbrush and pinon-juniper/sagebrush hillsides and ridges located to the east and northeast of the subdivision and along the opposite side of the Dry Park Road. There could be considerable spring deer use in the proposed sub- division. Impacts to wildlife will be minimal if: 1. No dogs or all dogs kenneled 2. Fencing of lot boundaries be 42" high, 4 strand or less 3. Maintain cottonwoods in southwest portion of subdivision It is very likely that if homeowners have livestock or horses that winter feeding could lure deer and elk into the subdivision resulting in increased game damage problems for the homeowners and Division of Wild- life. Our damage fencing is limited with priority given to commercial operators such as cattlemen. This potential problem could be minimized if all homeowners are required to fence their haystacks with 8'fencing. We would be happy to furnish specific fencing specifications if you wish. If you have any questions, please feel free to call me. 'Thank -you for the opportunity to comment. Sincgrely: 4)j - Kevin Wrights District Wildlife Manager Carbondale 945-7228 DEPARTMENT OF NATURAL RESOURCES. Hamlet J. Barry, Executive Director WILDLIFE COMMISSION. William R. Hegberg, Chairman • Dennis Luttrell, Vice Chairman • Eldon W. Cooper. Secretary lix Chavez, Member • Rebecca L. Frank. Member • Gene B. Peterson, Mernber • George VanDenBerg, Member • Larry M. Wright. Member • ti ::1 • ti • •'r • STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 222 So. 6th Si, Room 232 Grand )unction, Colorado 81501 September 18, 1990 Telefax: (303) 322-9076 (Main Building/Denver) (303) 320.1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand Junction Regional Office) Garfield County Planning Department Attn: Andrew C. McGregor 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Re: Lazy Diamond A Preliminary Plan, Garfield County Dear Mr. McGregor: 1 -L'L'I.1;.M7C/7FR SEP 1 9 1990 J- iu�,tr.t``li Roy Romer Governor Thomas M. Vernon, M.D Executive Director I have reviewed the above referenced Preliminary Plan and offer the following comments: (1) I recommend that the developer consider consolidation of the water and wastewater services with existing treatment facilities in the immediate area. (2) I urge the county to consider regional water and wastewater treatment facilities for the entire Four Mile Creek drainage to preserve and protect existing water quality. (3) If the water system serves 15 taps or 25 people the Plans & Specifications for the treatment system must be reviewed by the Drinking Water Unit of the Water Quality Control Division's Denver office. (4) If ISDS is used, all state and county regulations must be met. If you have any questions, please contact me at 248-7150. Sincerely, Richard H. Bowman, P.E. West Slope Unit Leader Water Quality Control Division RHB/csk cc: Planning & Standards Section, Denver Field Services Section, Denver File 't. :t. Mount:: iris Soil Conservation District P.O. BOX 1302 GLENWOOD SPRINGS, COLORADO 81601 September 7, 1990 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 4� I r r b 0 if Dear Andrew: The Mount Sopris Soil Conservation District reviewed the preliminary plan for the Lazy Diamond A subdivision at their regular meeting September 5, 1990. Concerns of the Board were few, but they did feel it was very important that continued use be made of any irrigation water rights presently used with the property, with the recommendations for the use in the engineering report being closely followed. The Board is always concerned, in a rural area, that some means of dog control be provided in the covenants for the homeowners, since both domestic livestock and wildlife are in the area. They recommend the reseeding of any disturbed areas with weed free seed and mulch with monitoring done to be certain growth is continuing and noxious weeds are controlled. The Board also felt that concerns are increasing for point source and nonpoint source pollution of groundwaters, and separate septic systems may contribute to this pollution over an extended period of time. They would recommend that if a central sewer system should be available in the future in the area, connections be made to it, replacing the individual systems. As usual, the Board appreciates the opportunity to comment on plans and continues to have preservation and conservation of soil and water as their prime concerns. Sincerely, Dee Blue, President Mount Sopris Soil Conservation District CONSERVATION - DEVEI OPMFNT - SFI r nOVFRNMFNT C,. ROY R. ROMER GOVERNOR September 26, 1990 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STRE DENVER, COLORADO 80203 PHONE (303) 866-2611 • GA -91-0005 h71 l)t... OCT 11990 /1/) GARFIELD COUNTY Y JOHN W. ROLD DIRECTOR Mr. Andrew McGregor Garfield County Planner 109 8th St. # 303 Glenwood Springs, CO 81601 RE: Lazy Diamond A Prliminary Plan Dear Mr. McGregor: We have reviewed the materials submitted regarding this proposal and the general and engineering geology of the site. The discussion of the geology and soils is very brief and would be unacceptable but for the total absence of any geology -related problems at the site. One issue which does need to be addressed is the potential for accumulation of radon gas in residential structures anticipated. Alluvial gravels, especially those with significant igneous components represent a highly likely source for radon and we suggest that appropriate abatement measures be required in the building designs for this subdivision. Given this one cautionary note, we have no objection to the approval of this application. Yours truly, )-(//t.,7 Jeffrey L. Hynes Senior Engineering Geologist JLH:1n1-91-6234 GEOLOGY STORY OF THE PAST... KEY TO TI -IE FUTURE GARFIELD COUNTY COUNTY ATTORNEY'S OFFICE 109 8th Street, Suite 300 Glenwood Springs, Colorado 81601-3303 Telephone (303) 945-9150 Fax No. (303) 945-2379 MEMO TO: ANDREW MCGREGOR FROM: DON K. DEFORD, COUNTY ATTORNE RE: LAZY DIAMOND A SUBDIVISION - PRELIMINARY PLAN DATE: September 20, 1990 In reviewing the preliminary plan for Lazy Diamond A Subdivision, I would render the following comments on behalf of my department: 1. In reviewing the written documentation, in regard to the supply of domestic water, the following issues must be addressed: a. Under the provisions of Section 4:91(B), the legal entity owning the water system must be clearly defined. The written statement of preliminary plan simply sets forth the "developers" as the owner. The developers need to be identified. Further, if the developers are to own the water system, I recommend that a proposed plan of operation for the system be required, as it is not clear from the plan who will operate and maintain this system at the point of full development of the subdivision. It is not clear from the plan why this system is not to be held and controlled by the homeowners association. During the course of development, such association would still be predominantly held by the developers, but at the point of build out would be held by those to be benefitted by the water system. b. Additionally, there must be a plan for financing of the water system. This applies both to construction of the water system, as well as maintenance and operation of the system once constructed. c. Finally, full compliance with Sections 9:51, 9:53 and 9:55 must be achieved through the water system plan. 2. On the preliminary plan, common open space not reserved or dedicated to the public must be so indicated. The parcel currently marked as out lot 3, appears to be such a parcel. (See Section 4:50(L).) ANDREW MCGREGOR PAGE TWO SEPTEMBER 20, 1990 3. In regard to the plan, I note a number of depictions that do not conform to our subdivision regulations. Parcels created by the subdivision must be so indicated as lots. There is no definition or provision for something called "out lots" in our subdivision regulations. The definition of "lot" is set forth in Section 2:20.30. The statements contained in the preliminary plan narrative indicate "out lot" 1 is intended for ultimate development and transfer of ownership. Therefore, it must be referred to as a lot and meet all the conditions of a required subdivided lot. "Out lot" 3 is also contemplated for transfer to the homeowners association. As such, it must also be indicated as an "out lot" and meet all conditions of subdivision for such a lot. "Out lot" 2 has practically been transferred to the Glenwood Springs Rural Fire Protection District and it would seem appropriate to designate that parcel as a lot within the subdivision as well. At this juncture, I do not see any impediment from a subdivision standpoint to indicating such interest. Additionally, I note something called a future road easement on the plat as such easement contacts lot 1. I am not certain what a future road easement is, but unless it is dedicated as an easement, it should not be included on the preliminary plan or final plat. 4. I note two parcels in the northeast corner of the subdivision that are created through this subdivision but are not enumerated as parcels and both of which do not comply with the subdivision regulations. Without compliance with the subdivision regulations, these two parcels by themselves make the plan unacceptable. These parcels must have legal access or be defined or accounted for in some other manner in order to be part of this plat. Additionally, if the position is taken that these parcels are not included in the legal description of the subdivision, it is equally an illegal split of property. These parcels are less than the minimum necessary for exemption from subdivision and therefore can be created only through subdivision. 5. Lot 1 should be deleted unless ownership is clarified. (Section 4:50(D); Section 5:24(A)& (E)) 6. In regard to roads, all streets and roads within the subdivision must be constructed in compliance with the provisions of Section 9:30 through 9:37.3. Additionally, the street designated as Home Place appears to exceed the maximum permitted culdesac length of 9:34(b), unless the applicant can demonstrate that such culdesac must be approved for topographical reasons and it is approved as a fire protection emergency. In regard to streets and roads within the subdivision, comment from the Road & Bridge Dept. should be obtained regarding the access points designated in the subdivision to Four Mile Road. I note that the access for Ranch Lane is in moderately close proximity to the r+. ANDREW MCGREGOR PAGE THREE SEPTEMBER 20, 1990 intersection of Park and Four Mile Road, a fire station and a known dangerous curve. Finally, the designated utility easement paralleling Four Mile Road must be verified to lie outside of the right-of-way for Four Mile Road. 7. Lastly, in regard to exactions concerning roads, contact with the Board of County Commissioners should be had prior to submittal of the preliminary plan in order to ascertain what manner and extent of contributions will be required for the improvement of Four Mile Road. Such requirements could run from dedication of necessary right-of-way to monetary contributions to the improvement of the road. At this juncture, I am not aware of a final decision by the Board of Commissioners concerning such participation in improvement of the Four Mile Road corridor. 8. The developer should review the provisions of Section 9:80 to make sure that literal compliance with the requirements of that section have been met. The foregoing concludes my comments upon the preliminary plan. If you have any questions, please raise them at your earliest convenience. DKD:mis • • Glenwood Springs Fire Department 806 Cooper GLENWOOD SPRINGS, COLORADO 81601 "Saving Lives and Property Since 1885" 9-4-90 MEMORANDUM TO: Andrew McGregor, Planning Department FROM: Jack Jone4'Asst. Fire Chief G.S.F.D. RE: Lazy DiamoOri A Subdivision Agency Comments JAMES MASON, Chief 945-2575 Andrew, after reviewing the latest plot plans for the referenced subdivision, the fire department has the following comments: 1. The water system seems to be designed properly and we are pleased that large diameter water lines and fire hydrants are proposed. However, we need to be assured that the system delivers 500 G.P.M. for 2 hours with 20 p. s. i. residual pressure while flowing_ (Uniform Fire Code Sec. 10.301 (c) I.S.0 Standard Guide for Determination of Required Fire Flow) 2. Final placement of fire hydrants must meet the approval of the fire department. This takes into consideration the installation requirements, placement, height off the ground, threads, direction of outlets, and marking. Uniform Fire Code Sec. 10.301 (c) (e) 3. Section 10.207 (a) requires that dead end roadways in excess of 150 feet be provided with approved provisions for the turning around of fire apparatus. If cul—de—sacs are used as proposed, they will need to be a minimum of 100' across. This must also take into consideration the possibility of vehicles parking in the turn around area. 4. If the chlorine system utilizes chlorine gas, we will need to make sure that the building is constructed properly and that the facility is provided with adequate ventilation and warning signs. U.F.C. Sec. 80.108 (a) (b) If you have any questions about these comments, please give me a call at 945-4942. f1990 I �l11 Y ,. lti:_L) UL;/ .. t Y t •