HomeMy WebLinkAbout2.0 Staff Report PC 11.10.04PC lt/10/04
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PROJECT INFORMATION AND STAFF COMMENTS
REOUEST
APPLICANT / OWNER
REPRESENTATIVE
LOCATION
PROPERTY SIZE
WATER
SEWER
ACCESS
EXISTING ZONING
SURROUNDING ZONING
PARCEL ID
Sketch Plan review for Whispering Creek
Specialty Restaurants Corporation
Toby Guccini
1 mile northwest of New Castle
12.77 acres
Town of New Castle
ISDS
County Road 245 (Buford Road)
A/R/RD
A/R/RD
2t25-252-00-133
/
ELK I ?1?5-251
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I. GENERAL PROJECT INFORMATION
As shown in plan view below, the Applicant proposes to split the 12.77-acre property into a total of
six lots that range in size from2.02 to 2.51acres.
The property was originally created
as Parcel A of the Huber Exemption
in 1992. The western lot boundary
is located approximately in the
middle of East Elk Creek. As a
result, a small portion of the
western boundary of the lot appears
to be below normal high water and
is also located in the mapped 100-
year floodplain. The proposal
includes placing this area in a
"greenbelt" as well as also placing
the eastern border area of the
property in a "greenbelt." This is
depicted by the hashed areas in the
site plan to the right.
The property is relatively flat
containing gentle slopes that slope
in a southwesterly fashion towards
East Elk Creek and has historically
been used as irrigated pasture land.
There is a small knoll in the center
of the property that is somewhat
split by lots 3 and 4.
II. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN
The property is located within Study Area 2 which designates the property as "Outlying
Residential" on the proposed land use designation map. This designation indicates residential
development is appropriate for this property at a density of 1 unit per 2 acres which is also
consistent with the underlying zoningof ARRD.
M. APPLICABLE ZONING REGULATIONS
The following is an analysis of the proposed development with the required zoning regulations of
the ARRD zone district.
A. Proposed Uses
The Applicant proposes single-family residential development on all 6 lots which is
contemplated as a'hse by right" in the A/R/RD zone district and is therefore consistent with
the underlying zone district. For other uses, the Applicant should consult Section 3.02 of the
Zoning Resolution.
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B. Common Dimensional Requirements
that are each approximately 2-acres in size. While this is complies with the 2-acre minimum
lot size in the ARRD district, they may not be consistent with the definition of "lot area"
pursuant to Section 2:20.30 of the Subdivision Regulations which defines lot area as "the
total land area within the boundaries of a lot, excluding land below normal higrh water in a
river or lake that is a portion of a public street/road for the purposes of calculating the
minimum lot area of any lot, tract, or parcel of land."
As a result, it appears that proposed lots 2, 4, 5, and 6 may actually not meet the Z-acre
minimum as calculated by excluding any areas located below normal high water of East Elk
Creek. The recalculated areas of these lots may also reflect changes in the lot areas for lots I
and 3. This will need to be addressed in the preliminary plan.
o Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty
(50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet
from street centerline or twenty-five (25) feet from front lot line, whichever is
greater;
o Rear yard: Twenty-five (25) feet from rear lot line;
o Side yard: Ten (10) feet from side lot line, or one-half (ll2) the height of the
principal building, whichever is greater.
o Live Stream: (Section 5.05.02 of the Zoning Resolution) A setback of 30 feet
measured horizontally from and perpendicular to the high water mark on each side
of any live stream shall be protected as greenbelt.
within the 100-year flood plain of East Elk Creek. The 100-year floodplain line is shown on
the plan. If the applicant proposes any development in this area) a Special Use Permit for
development in the flood fringe may be necessary. Staff would suggest a plat note be placed
on the final plat to disclose this requirement to future lots owners.
IV. APPLICABLESUBDIVISIONREGULATIONS
The following section addresses common subdivision components that will need to be addressed by
the Applicant as part of their preliminary plan and final plat submittal to the County.
A. Domestic & Irrigation Water
The Applicant proposes to provide domestic water from the Town Of New Castle's municipal
water system; they are presently negotiating with the Town for the provision of water taps from
the municipal water system. This would be negotiated in the form of a pr"-an rixation
agreement. The Applicant will need to obtain a letter from the Town indicating the willingness
and abilify to serve the 6 lots in addition to a signed copy of the pre-annexation agreement. The
application also states there is one well on the property to possibly serve one of the lots (Lot 2).
This will need to be better explained at the sketch plan to gain an understanding of the purpose
of that well.
Regarding the physical components of the water system, the Applicant should review the
following requirements found in Sections 4:91 and 9:00 of the Subdivision Regulations:
Section 4:91 of the Subdivision Regulations requires that a water supply plan, at the same
scale as the Preliminary Plan, shall provide the following information in graphic and/or
writtenform:
A. In all instances, evidence that a water supply, sfficient in terms of quality, quantity and
dependability, shall be available to ensure an adequate supply of water for the proposed
subdivision. Such evidence may include, but shall not be limited to:
1. Evidence of ownership or right of acquisition or sue of existing and proposed
water rights;
2. Historic use and estimated yield of claimed water rights;
3. Amenability of existing right to change in use;
4. Evidence that public or private water owners can and will supply wdter to the
proposed subdivision, including the amount of water qvailable for use within the
subdivision by such providers, the feasibility of extending service to the area, proof
of the legal dependability of the proposed water supply and the representation that
all necessary water rights have been obtained or will be obtained or adjudicated,
prior to submission of thefinal plat; and
5. Evidence concerning the potability of the proposed water supply for the
subdivision.
B. If a central supply and distribution system is to be provided, a general description of the
system, as designed by a Colorado registered engineer. In addition:
l. Nature of the legal entity which will own and operate the water system; and
2. Proposed method offinancing the water system.
C. If connection is to be made to an existing water system, a letter from an authorized
representative of said system staging that the proposed development will be seryed, and
evidence from either the Colorado State Engineer's Office or Water Court, Water Division
No. 5, that the existing water system presently possesses adequate legal water supply to
serve the proposed development;
D. If individual water systems shall be provided by lot owners, a report indicating the
availability of ample potable ground water at reasonable depths throughout the subdivision
and the expected quality and long+erm yield of such wells, with the written report by a
registered professional engineer licensed by the State of Colorado, qualified to perform
such work; and
E- If applicable, a Plan of Augmentation and a plan for subdivision water supplies, as
required by law, with the supporting engineering work signed by a Colorado registered
engineer, shall be submitted by the applicant, even if the applicant is not the actual supplier
of tyater.
Section 9:51 requires an adequate potable and irrigation water supply shall be available toall lots within a subdivision, taking into consideration peak demands to service total
development population, iruigation uses, and adequate fire protection requirements in
accordance with recognized and customary engineering standards.
9:52 Individual wells may be used as the water supply, provided the applicant has submitted
the required documentation to the appropriate water court, and the Colorado Division of
Water Resources will approve well drilling permits for all lots within the development.
9:53 Central water systems shall be designed by an engineer qualffied to design water
systems and be a registered professional engineer licensed by the State of Colorado.
Central water and treatment and storage facilities shall be approved by the Colorado
Department of Health. All lines in a central water system should be looped, with no dead
ends included in the system. Where dead ends are proposedfor cul-de-sais, there will either
be afire hydrant or blow-offvalve at the end of the line.
9:54 Water supply stems, on-lot or otherwise located in a Jloodplain, shall be designed to
minimize or eliminate infiltration and avoid impairment during or subsequent toflooding.
9:55 All water mains shall be a minimum diameter of four inches (4"), provided storage
facilities adequate for fire protection are available.
B. Waste Disposal
The Applicant proposes that each lot will install ISDS to handle waste water for each residence.
Permits for ISDS would be obtained during the building permit process with the County as the
lots are improved. The Applicant should be aware of spacing requirements for ISDS as they
relate to wells and live water courses.
In addition, due to the soil types in the area and their apparent limitations, Staff generally
requires that the following plat note be required to provide disclosure to the potential lot
purchasers that foundations and septic systems will need to have site specific analysis and
engineering.
"Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.,,
C. Roads /Access
Public access to the parcel will be provided by County Road 245 also called the Buford Road. It
appears internal access to Lots I - 4 will be served by an easement that is designed as a 320-
foot long cul-de-sac and has a width of 40 feet. Internal access to Lots 3, 5, and 6 appear to be
provided by an existing access easement that also provides access to two lots south of the
subject property. The cul-de-sac easement is generally consistent with the County road design
which would be categorized as a semi primitive design for trips less than 100; however, the
width of all cul-de-sacs in Garfield County shall be at least 50 feet wide pursuant to Section
9:33(4) of the Subdivision Regulations. As a result, the proposed cul-de-sac is under-designed
according to this standard.
The Applicant proposes the internal roads within the subdivision to be in the form of access
"easements" that will overlay individual lots. This method of providing internal road access to
lots is acceptable; however, these are roads are to be dedicated to the public. In addition, they
are subject to Section 2:20.30 of the Subdivision Regulations which defines lot area as "the total
land area within the boundaries of a lot, excluding land...that is a portion of a public street/road
for the purposes of calculating the minimum lot area of any lot, tract, or parcel of land." As a
result, the area proposed to be included in the road easements also shall be excluded from the
overall lot area. This may mean that the presently proposed lot areas will fall below the 2-acre
minimum lot size. This will need to be addressed in the preliminary plan.
Also note that the existing gravel road that provides access to Lots 5 and 6 in the sketch plan as
well as other adjacent properties is an internal subdivision road which is considered to be a
dead-end cul-de-sac design which is 1) longer than 600 feet, 2) has a width of less that 50 feet,
and 3) has no turn-around at the end. This will need to be redesigned as part of the preliminary
plan to meet the road design criteria in Sections 9:33 of the Subdivision Regulations.
D. Fire Protection
The property is located within the Burning Mountain Fire Protection District. The Applicant
shall provide a fire protection plan that addresses the fire protection standards in Section 9:70 of
the Subdivision Regulations that are listed here and others as may be required by the Fire
Protection District:
9:71 Subdivisionfire protection plans shall be reyiewed by the appropriatefire protection
district to ensure that all lots have primary and secondary access points to escape fire
entrapment.
9:72 Where a central water system has fire hydrants, all fire hydrants shall meet the
specifications for the appropriate fire protection agency, particularly with regard to thread
size on thefire hydrants.
9:73 Where there is no central water system available, a central located fire protection
storage tank shall be designed to meet the fire protection needs of the subdivision and be
approved by the appropriate fire district.
9:74 ll/ater used for fire protection purposes does not have to be potable water and may be
from a source separatefrom the domestic supply.
E. Drainage/Floodplain Issues
The Applicant will be required to address the following:
4:80 SUPPLEMENTAL INFORMATION: DRAINAGE PLAN
A drainage plan, at the same scale as the Preliminary Plan and prepared by an engineer
registered in the State of Colorado, shall depict thefollowing information in graphic and/or
writtenform:
A. Existing water courses and lakes;
B. Limits of tributary areas, where practical;
C. Computations of expected tributary/lows; and
D. Design of drainage facilities to prevent storm waters in excess of historic run-off
from entering, damaging or being carried by existing drainage facilities, and to
prevent major damage or flooding of residences in a one hundred (100) year storm,
showing:
l. Area subject to inundation; and
2. Location and size ofproposed culverts, bridges, ditches and channels.
9:41 Drainage easements, channels, culverts and required bridges shall be designed by an
engineer registered in the State of Colorado.
9:42 All drainage facilities shall be designed based on a twenty-five (25) year frequency
storm.
9:43 Were new developments create run-off in excess of historic site levels, the use of
detention ditches and ponds may be required to retain up to a one hundred (100) year
storm.
9:44 All culverts shall be designed such that the exposed ends are protected by encasement
in concrete or extended a minimum of three feet (3 ) beyond the driving surface on each
side. Culverts, drainage pipes and bridges shall be designed and constructed in accordance
with AASHO recommendations for an H-20 live load.
F. Wildlife
No information was provided regarding the issue of wildlife. The Applicant shall be required to
address the following at preliminary plan:
a:70(D) Wildlife - Description of wildlife habitation, including big game ranges based on
the mapping practices of the Colorado Division of Wildlife.
G. Soils / Geology / Radiation
In general, the property is located in an area where the soils are generally classified as "Arvada
- Torrifluvents - Heldt" which characteizes the soils as deep, well drained to somewhat poorly
drained, nearly level to gently sloping soils on benches, terraces, alluvial fans, and flood plains.
The soils in the area of the property primarily include the following three specific types:
13 - Chilton channery loam. 3 to 6 percent slopes: Community development is limited by
the large stones.
30 - Heldt clalz loam. 6 to 12 percent slopes: Community development and recreation is
limited by slope, slow permeability, high clay content, and shrink-swell potential. Dwelling
s and roads can be designed to compensate for low strength and shrink-swell potential.
Septic tank absorption fields are severely limited by slow permeability. Community sewage
disposal systems will be needed in density increases.
65 - Torrifluvents. nearly level: Community development is very limited by flooding, the
seasonable high water table, and variable texture. Onsite investigation is necessary.
Based on these apparent limitations, Staff generally requires that the following plat note be
required to provide disclosure to potential lot purchasers that foundations and septic systems
will need to have site specific analysis and engineering.
"Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado. "
The Applicant shall also address the following section in the Subdivision Regulations for
preliminary plan:
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOL, T/EGETATION AND
WILDLIFE
Information on the following characteristics of the area proposed for subdivision shall be
shown graphically and/or by reports, whatever is appropriate, for a complete description of
existing conditions, and shall include:
A. Geology - Description and/or illustration by a registered professional engineer licensed
by the State of Colorado of bedrock lithologt and the stratigraphy of overlaying
unconsolidated materials in sfficient detail to indicate any potential development
problems resulting from groundwater, subsidence, instability in road excavations and ills,
expansive soils, drainage patterns, structural bearing strength, or the like;
Based on the radiation analysis conducted by CTL Thompson, no mitigation of the typical
background radiation levels found in the area are necessary.
H. Vegetation
The Applicant shall be required to provide a weed management plan to be approved by the
County Vegetation Manager as well as provide a revegetation security prior to final plat to
ensure that any required revegetation is established for improvements made in the subdivision.
The Applicant shall also address the following section in the Subdivision Regulations:
4:70 SUPPLEMENTAL INFORMATI2N: GEOL)GY, S)IL, I/EGETATI1N AND
WILDLIFE
C. Vegetation - Map and description of plant associations following practices of the
Soil Conservation Service and including a description of adapted materials and the location
of major tree masses.
I. Mineral Estate
It is unclear if the property's mineral estate has been severed and is owned or leased to another
party.If so, the Applicant shall include a plat note on the final plat stating the following: "The
mineral rights associated with this property have been partially or wholly severed and are not
fully intact or hansferred with the surface estate therefore allowing the potential for natural
resource extraction on the property by the mineral estate owner(s) or lessee(s)."
J. Easements
It appears the property will be encumbered by the following easements: two irrigation ditches,
two greenbelt areas, internal road access easements, well water easefllent, and utility easements
to include municipal water lines, electricity and phone service lines. The Applicant shall be
required to delineate, legally describe, and convey all easements shown on the plat to a
Homeowners Association. This dedication needs to be in a form acceptable to the County
Attorney's Office to be provided at the time of final plat review. As mentioned above, the
internal access easements shall be required to be dedicated to the public. This shall be dedicated
on the face of the final plat.
K. Assessment / Fees
The property is located in Traffic Study Area 4 which requires a $104 per average daily trip
(ADT) fee be paid to the County. This fee will be figured at the time of final plat. The Applicant
could expect to pay an approximate fee of $5,971.68 of which Yz shall be paid at final plat and
included as a component of the Subdivision Improvement Agreement (SIA). The remaining half
shall be divided among the lots to be paid at the time building permits are submitted to the
County for individual lot development.
The development is also located in the RE-2 School District which requires a $200 per lot
School Site Acquisition Fee for a total of $ 1,200.00 to be paid at final plat and included as a
component of the Subdivision Improvement Agreement (SIA).
L. Recommended Plat Notes/ Covenants
Please be aware, the County requires the Appticant place the following plat notes be
included on the final plat and in protective covenants:
"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."
'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."
"A11 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
9
1.
2.
J.
information is "A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County."
4. "All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the property
boundaries."
5. "One (l) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries."
6. "Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado."
7. "The mineral rights associated with this property have been partially or wholly severed
and are not fully intact or transferred with the surface estate therefore allowing the
potential for natural resource extraction on the property by the mineral estate owner(s)
or lessee(s)."
M. Sketch Plan Comments and Preliminary Plan Review
The Sketch Plan comments shall be valid for a period not to exceed one (1) year from the date
of the Planning Commission review. If a Preliminary Plan for the proposed subdivision is not
presented to the Garfield County Planning Commission by that date, the Applicant will have to
submit an updated Sketch Plan application to the Planning Department for review and
comparison with the original application.
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