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HomeMy WebLinkAbout2.0 PC Staff Report 04.09.1997• PC 4/9/97 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Preliminary Plan review of the Long Subdivision APPLICANT: Bernard, Martha & Kevin Long ENGINEER/PLANNER: Schmueser Gordon Meyer, Inc. LOCATION: A tract of land Located within Section 32, T6S, R90W of the 6th P.M.; approximately 7.5 miles southeast of New Castle along County Road 312 (Garfield Creek Road). SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: 35.705 Acres Shared Well Individual Sewage Disposal Systems (ISDS) County Road 312; easements A/R/RD A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is located within District C - Rural Areas/Minor Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981; 1984). 11. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject tract is 35.705 acres is size, located approximately 7.5 miles southeast of New Castle along County Road 312. The majority of the tract has historically been irrigated and utilized to raise alfalfa. Slope across the tract is gradual, generally in an east -west fashion at an average of 7% and Belodi Creek flows across the southwestern corner. There are two (2) existing, single family dwellings on the tract and a few small sheds. • • B. Adjacent Land Uses: The most significant land uses adjacent to and in the vicinity of the subject tract are residential and agricultural, on generally large lots. There are large tracts of Bureau of Land Management land and the Garfie Creek State Wildlife Area also located in the vicinity. See vicinity map, page C. Development Proposal: The applicants are proposing to subdivide the 35.7 acre tract into three (3) parcels of 5.0, 9.5 and 21.2 acres each. The 9.5 acre tract and the 21.2 acre parcel would each have a dwelling and staff presumes that the 5.0 acre parcel would be developed in a similar fashion. III. REVIEW COMMENTS A. Garfield Schoolistrict No. Re -2: Replied stating the District has no comment. See letter, page . Staff notes that, customarily, prior to recordation of a final plat, all additional residential lots are subject to a $200 school site acquisition fee ($400 total). B. Division of Water Resources: Replied stating the applicants do have a legal supply of water and the physical supply should be adequate with the proposed amount of storage. See letter, page 0 . C. Mount Sopris Soil Conservation District: Submitted its standard letter detailing its concerns on various topics. See letter, pages if • 12- . D. Colorado Geological Survey: States its only concerns are for a seasonally -shallow water table and potential for accelerated erosion near drainages. Suggests a qualified engineer perform t sts to determine the appropriate building foundations. See letter, pages 1 3 • ?�. IV. MAJOR ISSUES AND CONCERNS A. Zoning: The tract is within the A/R/RD zone district and all proposed lots are in excess of the two (2.0) acre minimum lot size requirement. Slope of the tract should not present any significant development obstacles and no slopes are in excess of 40%. Belodi Creek flows across the southwestern corner of the tract and Garfield Creek forms a portion of the northern boundary of the tract. Staff has consulted floodplain maps and neither creek has been identified as having 100 -year floodplain hazards. Legal Water Supply: The existing dwellings are supplied with water by an exempt domestic well, permitted as a water supply for up to three (3) single family dwellings, domestic animals, and the irrigation of not more than one (1) acre of lawn and garden. See Permit #168645, page % S . According to the Division of water Resources, the well permit does allow a legal water supply for the proposed lots. di0 41 • • Physical Water Supply: On February 1, 1997, the existing well was pump -tested by a licensed engineer and found to produce seven (7) gallons per minute, for the duration of the four (4) hour test. The pump test indicated a drawdown of 0.5 foot, which stabilized for the duration of the test, demonstrating positive recharge characteristics. Based on the amount of household use water and the predicated amount of irrigation water to be used for lawns and gardens, the engineer recommends a minimum storage of 10,000 gallons, which would provide seven (7) hours of continuous, maximum water usage. It is the opinion of the engineer that, with the proper storage of at least 10,000 gallons, the flow rate of seven (7) gpm would be more than sufficient for the proposed uses. The water supply line is proposed to be 1.25 inch diameter, which conflicts with Section 9:55 of the Subdivision Regulations that requires a minimum diameter of four (4) inches. In staffs opinion, the larger size line is more appropriate for larger subdivisions and suggests that the 1.25 inch line specified by the engineers should be sufficient. Additionally, these lines are not proposed to be looped, which should not create a problem as the lines would terminate at the residences, thereby, water stagnation should not be an issue. Irrigation Water: The applicants have a water right from the Williams Ditch #2 for .7452 cfs that is used to irrigate the fields on the tract. It is the applicant's intent to continue utilizing this irrigation water for its agricultural uses by enacting a maintenance agreement through what staff would presume to be the homeowners association. Staff suggests protective covenants be developed, containing specific language regarding the irrigation water supply and how it would be divided or shared among the proposed lots. Water Quality: This water supply would not be subject to permitting by the state department of health; however, the supply has been tested for fecal coliform bacteria content, and found to be within minimum drinking water standards. An access and maintenance easement, at least 20 feet wide, for the well and water line must be designated and shown on the final plat. Finally, the ownership of the water rights, infrastructure and other common interests would be required to be set forth in a declaration of a homeowner's association, with appropriate covenants. C. Soils/Sewer: The proposed method of waste water disposal would be the use of individual sewage disposal systems (ISDS). The existing dwellings are currently served by ISDS and, according to the engineer, both systems are in good working condition. Soils comprising the site of the proposed, third parcel are designated by the Soil Conservation Service to be within the Cimarron loam classification, generally a deep, well -drained soil. When used for building site development, the soil is considered to have moderate to severe constraints due to high clay content and high -3• • • shrink -swell potential. When used for placement of ISD systems, the soil is considered to have severe constraints due to slow percolation. Based on this information and the fact no site specific percolation tests have been submitted, staff suggests an engineered septic system be required as a condition of approval. D. Access: Access to the subdivision would be from County Road 312, much as it currently exists. County Road 312 is paved for its initial 2.5 miles, which becomes an improved, dirt road for its remaining length. Lot 2 would be accessed via the historic, shared driveway; Lot 1 would be accessed from an existing driveway that directly intersects with CR 312; and Lot 3 would also have access to CR 312, via an individual driveway. Since it appears that all lots would be accessed individually, the driveways would not be required to be built to any certain standard. As mentioned, Lot 2 shares an historic access with adjacent properties and no definitive proof has been submitted that demonstrates legal access. Staff recommends the applicants provide this access information, prior to the Board of County Commissioner hearing, or provide access from a different location. E. Fire Protection: The water supply plan proposes the installation of a 10,000 gallon concrete storage tank that would be used for storing water for peak use and fire fighting purposes. The Burning Mountains Fire Protection District has requested that a dry hydrant be connected to the storage tank and be equipped with a 2.5 inch thread that meets National Fire Standards. Staff recommends that final plans regarding the storage tank and the fire hydrant be approved by the District, prior to Final Plat. F Utilities: Electric and telephone service currently exists and would be extended to Lot 3 and would be required to be provided in a subdivision improvements agreement. Natural gas is not available, nor is cable television service. G. Impacts From Development: Given the scope of the proposed development, staff does not contemplate significant impacts to result, especially since the applicants plan to continue the agricultural tradition of the property. As this would occur in a relatively remote area of the County, the most significant impacts would likely be to the county road and to the groundwater supply. H. Comprehensive Plan: The 35.7 acres would be subdivided into a total of three (3) parcels, with a resultant density of 11.9 acres per dwelling unit. The Comprehensive Plans in effect for this area of the County divide the County into Management Districts and suggest various performance standards that should be achieved. This tract is within District C - Rural Areas/Minor Environmental Constraints, which is considered to have a moderate suitability for growth, when in compliance with other County policies. In staffs opinion, this subdivision is in general conformance with the Comprehensive Plan, for the following reasons: I] The natural environment would not be significantly harmed; 2] The majority of the land within the subdivision currently being irrigated and 4i. i • used for production would continue to be utilized in similar fashion; 3] The subdivision is being developed in coordination with the local fire protection district; 4] The traffic generated by the subdivision should not exceed the capacity of the county road and could be subject to paying a future road impact fee; 5] Staff contemplates no significant compatibility issues. V. SUGGESTED FINDINGS 1. That proper publication and public notice and posting were provided as required by law for the hearing before the Planning Commission. 2. 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 the hearing. 3. That the proposed subdivision of land is in general conformity with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 4. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 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 the requirements of the Garfield County Subdivision Regulations. VI. RECOMMENDATION Based on the above analysis, staff recommends APPROVAL, subject to the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Planning Commission, shall be considered conditions of approval. A Final Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, water supply, drainage, irrigation ditches, access, utilities, etc. 3 The applicant shall prepare and submit a Subdivision Improvements Agreement addressing all on-site improvements, prior to the submittal of a final plat. -5 4. That the applicant shall submit $200.00 in School Site Acquisition Fees, per lot ($400.00 total), for the creation of the new parcels, prior to authorization of the final plat. That the following plat notes shall be included on the final plat: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Soil conditions on the site will require engineered septic systems and may require engineered building foundations." "The individual lot owners shall be responsible for the control of noxious weeds." 6. That the final plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 7 That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted. 8. The water rights associated with the well, together with well permits, and irrigation rights from the Williams Ditch #2 shall be transferred by the developer to a homeowner's association which shall have the power and the duty to enforce compliance by lot owners with the terms and conditions of the well permit. Appropriate Protective Covenants shall further require compliance with the terms and conditions of the well permit. 9. The applicant shall consult with the Road and Bridge Department and shall receive any required driveway permit, prior to approval of a final plat. 10. That the following provisions be included in the protective covenants governing the subdivision: One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the I 6 a • • 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. All exterior lighting shall be the minimum amount necessary and that all exterior lighting 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. 11. That prior to the Board of County Commissioner hearing on this matter, the applicants shall demonstrate a legal right tc the historic access to proposed Lot 2, or shall designate an alternate access point. %-tfiT"./ 7-// ;• • ; ••• - TATE _ I I,' D I fo AR • c-/ 1c7/ z / , (j - - T.1 ,-!;-'')-.)..,...;, !!.:77.! -7(--77----7,-7,i • ; I - I • / - - -- : ' • ...3 . 7) ,) / / i'..--,,_,..,.._.3.\-.2...)-- • `. - 1/ li '• 1 '---.--------2/7',------.::2-/ 7./ ThTh / ) \(...• • ) ) \ - \ ;\a:v j5:71 /4'4. I Irr • .' r, ,) ( j / ,r(:./7 jj I 1 • ) /;i„ . • ) !' _ , S • •• • / • rr-rr r " : • •-Y-.1. /.// Ai/ I ( , r-- ; . , I • 1 1 4r NI 1 1 NJ 1 —F. NA A F) Scale 1 inc n equal 2000 feet Erc McCafferty r ar ek vuii�inn R Hanninn 1C9 Street. Suite :3C3 0- enh'CCC �cr�ncs. 00 6.16C -i _�. Mr. kicCaf r J shoo[ (District 1 ' o. e-2 ennard '(r c`hardl u?erinle,;d2nl uperl11IC`idCal October 23. 1996 .e _orLir reVAC!'+ a-, rlCr. _ rec.-Liar c. .., cirE- :crs r ecar_inc • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303 866-3581 FAX 303) 866-3539 Mr. Eric McCafferty, Planner Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. McCafferty: March 17, 1997 1"i A ^ t , . , . Roy Rumen . ;1 Gucemur `� lame S. Lu hhead G=+" .: LIDExecutive Director �1�JTY Hal D. Simpson State Engineer RE: Long Subdivision SW 1/4 Sec.32, Twp.6 S, Rng.90 W, 6th P.M. Water Division 5, Water District 45 We are in receipt of your subdivision referral to subdivide approximately 35.7 acres into 3 single family homesites, located about seven miles southwest of the Town of New Castle, Coiorado. The proposed water supply will be a common well for the three lots. The applicant has obtained a well permit, no. 1 68645, from our office. The permit was approved on February 24, 1993 on a condition that it shall be the only well on the tract of 40 acres described as that portion of the W 1/2 of NE 1/4 of Sec. 32, T.6S, R.90W, 6th P.M., lying southwesterly of the center line of Garfield Creek. The well was constructed and the Pump Installation Report showed a yield of 15 g.p.m. The use of the well is limited to fire protection, ordinary household purposes inside not more than three single family dwellings, the irrigation of not more than one acre of home gardens and lawns and the watering of poultry, domestic animals. Pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is our opinion that the proposed water supply will not cause material injury to decreed water rights. The present yield of the well is reported to be 7 g.p.m. in the submittal. The applicant is proposing a storage tank with a capacity of 10,000 gallons. At that sustained flow rate and the proposed storage, it appears that the water supply will be adequate. Please note that the lona term adequacy of any ground water source may be subject to fluctuations due to hydrological and climatic trends. If you have any questions regarding this matter, please fee! free to contact Mr. Kris Murthy of this office or Mr. Orlyn Bell of our Division office in Glenwood Springs at 945-5665. Sincerely, Steve Lautenschlager Assistant State Engineer SPL/km CC: Orlyn Bell, Division Engineer Robert C. Klenda, Water Commissioner long.sub 411 111 MOUNT SOPRIS SOIL CONSERVATION DISTRICT P.O. BOX 1302 GLENWOOD SPRINGS, CO 81602 March 25, 1997 Dave Michaelson Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Sir, ii MH fs.,U... j.1• At the regular monthly meeting of the Mount Sopris Soil Conservation District, the Board reviewed the application and plan for the Long Subdivision and have the following comments and concerns about the project. Any cuts for roads or construction should be revegetated to prevent erosion. Weed free seed and mulch should be used for any reseeding of the area. Monitoring of all seeding should be done to see if the grass is establishing or if weeds are becoming a problem. Reseeding or weed control practices should be implemented if a problem is noticed. The board is always concerned about animal control in an area where there is the potential for conflict between wildlife or domestic livestock and dogs from the subdivision. Dogs running in packs of two or more can maim or kill domestic livestock and wildlife. The District recommends animal control regulations be adopted in the covenants for the subdivision and --that they be enforced. Of prime concern to the Board, is the proper maintenance and protection of any irrigation ditch which is on the site. New landowners should be- informed that the ditch owners have right of way easement to maintain the irrigation system, that they will be cleaning and working on the ditch, and that this work may be in their yards. The district would like to knew what the impact will be on the Wetlands in this area? All Wetlands should be protected and remain in as pristine condition as possible. The Board recommends that any irrigation water rights be used by the landowners so they are maintained. In order to use these rights, a raw water delivery system could be used for landscape, fire protection, open space, etc. If at all possible, this system should be incorporated into the infa-structure of the subdivision plans as it would be more cost efficient at this time. Their concern is always for soil and water conservation and preservation and plans should consider these concerns. Dradinage has the potential to be a problem in the area and engineering recommendations for control of drainage should be closely followed by the builder and/or homeowner. They felt that any disturbance of soil could aversely affect other landowners, and great care should be taken to mitigate as many of the problems as possible which arise when building on an alluvial fan deposit area. With increased concerns about Water Quality, the District is concerned about monitoring chemical application for fertilizer, weed control, and other pest management reasons. Their concern is the chemicals that will be used to fertilize grasses and control weeds in the area. They feel that the chemicals should be closely monitored in this area due to the possibility that the chemicals will soak into the soils and run off into the creeks. The District suggests drilling of wells to monitor ground water pollution, and that this expense and future expenses should be bore by the developer. Sincerely, Paul Dill, President Mount Sopris Soil Conservation District /z- STAI • OE COLOADO COLORADO GEOLOGICAL SURVEY _ r ,Fl 1• i Division or Minerals and CLepto> ,1Wry Department of Natural Resources 1313 Sherman Street, Room 713 Denver, Colorado 80203 Phone (3031866-2611 FAX 13031 866-2461 March 28, 1997 Mr. Eric McCaffterty Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 DEPARTMENT OF NATURAL GA -97-0011 RESOURCES 1 Proposed Lonc Subdivision - tea. 7 Mlp,sv /Jest Newcastle along C.E. 312, Garfield County Dear Mr. McCa Ruv Romer Governor lame- 5. Luchhe; ti E,et. Direr.ror 3 Long DR:,1un Dlre,.tor \' tli C o irr Slate C ")I )c: t Ana Director A: your recuest and in accordance with S.B. 35 (1972), we have reviewed the mate -Th ubm_tted for and made a _lel. ___ pecten of :he site of the troPosed subdivision indicated above. At the time sitevisit, there was considerable ..now cover --- the area and so some of comments made below are based on prior observations in --_e ceneral vicinity and the observations presented in the report CT- Thompson, _nc., Glenwood Sprincs. The following comments =_..a_ =-e cur=_ndincs . The on -v s_ --___cant o_ocv-_elated conditions =or subd'v'=Hon and -e_._.-.en--a_ development o- to roper i nd - ns the -ch^ .{e_ -hood -s a' -- 'N g CunG- ',nate_ and cote__-_..._ _cr accelerated e ' ri __ear d a___-•ce r c._a-_ne_s . Because fact tint the roposed lots are --lat_vely larce and aocarenc_v only one of the_lots will have a new cond s oll_ of present serious croblerris particular case. We do recommend however, that fcundaon excavation(s) be-__spected by a a _ -d so___ and foundation =ncneer cr_o_ oundaon_-Ggr C='- Th'orncscn nd_:ates that test c.ts would be necessary to de ermine exact soils conditions across this property and we concur. Tt is posseb__ :hat - ow bearing st.renct.__ and/or expansive mase ----1=1.--- will be encountered and, dependinc on amount. (s) of structural loads, it may _e advisable to replace native materials with properly compacted st_uctu_al We also recommend :hat foundation drains be used, e -ren for sh_a__ow. spread-oot_ncs, as the water table mos: likely _ _ses t0 Wita few-nc_^_es of the c%'ound surface duri nc the snowme l t season. 1_^_ other similar areas that we have seen in :a_fie l d County., places with soils and t000crachic conditions such a_ in ..his area can be subject to shallow sheet flooding during rapid snowmelt and durinc heavy rainstorms. because of this, it 'n/l be most important to maintainthe vegetation cover across entl y sloping areas and alcr'c stream banks to minimize erosion • • Mr. Eric McCafferty March 28, 1997 Page 2 potential of them. Also, we recommend that setbacks of a few tens of feet from stream banks be maintained for all improvements including utilities and, where possible, roads. If the recommendations made above are followed and made conditions of approval of this subdivision procosal, then we have no geology - related objection to it. Sincerely, James M. Soule Enaineeri nc Ceclocisc Form No. OFFICE OF THE STA ENGINEER CWS-25� , COLORADO D(VISIO F WA 11=R RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 Arc PLICANT EERNARO & MARTHA LONG 7700 312 ROAD NEW CASTLE CO 8164; UC WFI I PERMIT NUMBER 1E8645 DIV. 5 CNTY. 23 WD 45 DES. BASIN MO Lot: Eicck: Fiiing: St.:beN: ;PANSION OF USE OF EXISTING WF:1_ APPROVED WELL LOCATION G,RFIEL D COUNTY SW 1/4 NE 1/4 Sec;icn Twp 6S RANGE 90 W 6t; P.M. CISTANCES FROM SE'C i TCN LINES 25-40 FC frcm North Sec -.::.on Line 24C0 Fc. from E:s: Sec. -:ion L:ns ISSUANCE CF THis PE=lMf T CCES NOT 00�' A 1Vn l cNFE.. 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