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HomeMy WebLinkAbout3.0 Staff Report BOCC 09.12.2007Exhibits for Queen Subdivision Preliminary Plan Public Hearing on09ll2l2007 (PC) Exhibit Letter (Ato Zl Exhibit A Mail Receipts B Proof of Publication C Garfield County Znnns. Resolution of 1978, as amended D Garfield County SuMivision Regulations of 1984, as amended E Garfield CounW Comprehensive Plan of 2000 F Application G StaffMemorandum H Letter from Glenwood Springs Rural Fire Protection District, dated August 16'', 2007 I Email from Jim Rada, Environmental Health Manager, GarCo dated August 2no, 2007 J Opinion letter from Colorado Division of Water Resources, dated h;/ry 27^,2007 K Letter from Colorado Geological Survey, dated Jlu/ry 29*,2004 L Letter of opposition from Ken Beckwith, 0889 Van Dorn Road, dated August 13n,2007 ,,*rA-l I f.-\ PC 09/1212007 CR Queen Subdivision Preliminary Plan REQUEST APPLICANT / OWNER LOCATION SITE DATA WATER SEWER ACCESS EXISTING ZONING ADJACENT ZONING STAFF RECOMMENDATION Preliminary Plan Approval Darryl and Cathy Queen South of the City of Glenwood Springs, CO 4.64 acres Well ISDS Van Dorn Road Agricultural / Residential / Rural Density Agricultural / Residential / Rural Density Open Space Approval Glenwood Springs PC 09/1212007 cR I GENERAL PROJECT INFORMATION The Applicants are proposing to subdivide a 4.64 acre parcel into two (2) single-family lots. The subject property is located off of Van Dorn Road which is just off of County Road 117 (Four Mile Creek Road) in the Cheyln Acres Subdivision. Currently, the property is improved with a single-family residence, shop building, well, and a garden area all accessed via a gravel driveway from Van Dorn Road. The subject property is situated in what is known as "Cheyln Acres Subdivision". Cheyln Acres is not a recorded subdivision. The subject property was created and described by a meets and bound description. The Final Plat submitted shall depict the proposed development as Lots 1 & 2 of the Queen Subdivision. U REFERRALS Citv of Glenwood Sprinqs: No Comments Received Glenwood Sprinqs Rural Fire District: Exhibit H RE-1 School District: No Comments Received Colorado Division of Water Resources: Exhibit J Colorado Geoloqical Survev: Exhibit K Garfield Countv Road and Bridqe Depanment: No Comments Received Garfield Countv Environmental Health: Exhibit I ilI GENERAL RELATIONSHIP TO THE COMPREHENISIVE PLAN The subject property is located within Study Area 1 of the County's Comprehensive Plan and is designated as "Medium/High Density Residential" on the proposed land use designation map. This designation indicates residential development is appropriate for this property at a density of two (2) to less than six (6) acres per dwelling unit. This designation is consistent with the underlying Agricultural/ Residential/ Rural Density Zone District (ARRD) and the density of the Applicants proposal. IV APPLICABLE ZONING REGULATIONS The following is an analysis of the proposed subdivision with the required zoning regulations of the ARRD Zone District: Proposed Uses The Applicant is proposing to subdivide the subject properly into two (2) single- family residential lots which is contemplated as a "use by right" in the fuR/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. Common Dimensional Requirements Minimum Lot Area: Two (2) acres Maximum Lot Coveraqe: Fifteen percent (15%) 1. 2. _') _ PC 09/1212007 CR o Front yard: (a) arlerial 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{ive (25) feet from rear lot line; o Side yard: Ten (1 0) feet f rom side lot line, or one-halt (112) 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. V APPLICABLE SUBDIVISION REGULATIONS A. Domestic & lrriqation Water Domestic water is currently provided to the existing residence by a shared well. Water will be provided to the proposed lot by a new well (application pending). A West Divide Conseryancy District Water Allotment Contract has been obtained by the applicant for augmentation of the new well. An opinion letter from the Office of the State Engineer, Division of Water Resources dated July 27th,2OO7 finds that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant obtains and maintains valid well permits. Staff recommends that the Applicant be obtain an approved well permit and conduct a water quality analysis on the new well prior to the submitting the Final Plat for review. B. Wastewater The Applicant proposes that wastewater will be managed on new lot by an lndividual Sewage Disposal Systems (ISDS). At the time of construction a percolation test and a septic system designed by a registered engineer in the State of Colorado will be required. The State Department of Health requirements for separation of ISDS systems and wells shall be complied with. C. Roads /Access Currently, the property is accessed via an existing driveway off Van Dorn Road from County Road 117. The proposed lot will have direct access to Van Dorn Road and will require a Garfield County Road and Bridge Department Driveway Permit. D. Fire Protection The application was referred to Glenwood Springs Fire Protection District for review. Staff recommends that the Planning Commission recommend the following items be included in the Covenants and Restrictions and item four (4) to be included in the -J- PC 09/1212007 cR Subdivision lmprovements Agreement. Sire Froteetion lrfinirnum requiren*errts tbr Lot 2: 1" AIi s{rut$u e fit.etr 4$fi squ*.r* fest u:}nstnrclrxl l:n trxrt 2 shall hava * nmnitl:rred ffut$fil*tic fire suppressi*n s3.slrm install*d in them, Thc systein sr systsm$ $hflll be de*iped and installsd ts IIFFA I3R stsndards and have *n *xlerinr Fire Departr*ent Connscti$n lrnei hcrrri slr*bt;. '[]ris *cluirement r*lr$v,e$ ths need fu]r a scpeiraturaddi{i*nal ?"tXit) gatrl*n wnt*r *upply tln {.nt ? firr'{ir* *qrprension puLp$$e$. ?. Wh*n e stnm.ture is *-uilt cn L*t 2 it i* t* be dexigrted and eo**tructed usifig wild{ire wise *unslru*ti*:T.. A guirie tn hs urcql lilr rv:nmtrn*tiun deslgn and mater-iais is, f,i'ruir+r,l'u f#x,rfru.ccd!ilm Ilrsign and Materials by Feter Slack- dtstributed hy the.Cclorad* State Forest Stn;i*:e" Ilrior te liniai dcsign and bqilding. ths o$rner shnuld rne*r *iith Glenw+ncl liprings llim: Oelp;utmtlnt tr: rs^.-i*w pr*lintin*ry ext*rior huiiding drsign and matsrials. 3. Xlritrrt* the ixxr:ingi nf a huilding p*rrxif.;r r,vildiir'* harnrds fuels mitigatic'!fi atid landscap* plan shall bs submitted tn Glenrv**d $prings Ficc $cpafirncn( for rev'ie$o rand appr*val" 4' A'rcess to Lot 3 strrill hil clesigntx} ttl finrii*ltl {i*unt5r r**d requirfirftiml$ nnd the emergtsTi*y v*hi*l* ft{:t;es$ riq*ir*menls nf lhe Fire {-lnde snfirrced try fil*nwnod Springs Fire Bepaltffiref* at th* tims **'*anstru*lisn, E. Drainaqe / Floodplain lssues Two off-site drainage basins are identified near the subject property. Drainage from Basin A (Four Mile Creek Basin) runs along the southern border of the property. Historic flows have been mitigated by the vegetation in the basin. Staff recommends that the Planning Commission require a site grading plan for the new lot being created by the Applicants demonstrating how flows from the two existing basins will be mitigated prior to scheduling this item before the Board of County Commissioners. F. Wetlands There does not appear to be any Section 404 permitting issues for this project. G. Soils / Geoloqy / Radiation Due to hydrocompactive soils known to exist in the area, Celia Greenman of the Colorado Geological Survey recommends that a subsurJace soil sample be collected from the building envelope to test for swell-consolidation potential prior to construction. Staff recommends that the Planning Commission suggest this item be included in the Declaration of Restrictive Covenants. H. Mineral Estate It appears the propefty's mineral estate has been severed and is owned or leased to another pafty. As a result, the Applicant shall include a plat note on the final plat stating the following: -4- PC 09/1212007 cR 'The mineral rights associated with this property have been patlially or whglly severed and aie not futty intact or transferred with the surface estate therefore atlowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." l. Assessment / Fees rrre@entislocatedinTrafficStudyArea8d'Thetrafficimpactfeeswill be calculated at the time of Final Plat. The development is also located in the RE-1 School District. Prior to the submittal of the Final Plat the Applicant shall obtain an appraisal for the unimproved per acre market value of the proposed lot and complete the RE-1 school district fee formula found in $9:81 of the Gartield County Subdivision Regulations of 1984' J. Declaration of Restrictions and Covenants and Subdivision lmprovements aqree-me-nt' rne@createaDeclarationCovenantsandRestrictions(C&R,s) to be recorded with the Final Plat. The C&R's shall be in a form acceptable to the Gar.field County Attorney's Office. Any requirements from previous restrictions shall be included is this document. The Applicants are also required to create a Subdivision lmprovements Agreement (SlA) in a form acceptable by the Garfield County Attorney's Office. The C&R's and SIA shall identify and govern both lots created by the proposed subdivision. VI SUGGESTED FINDINGS 1.) That proper public notice was provided as required for the hearing before the Planning Commission; 2.) That the hearing before the Planning Commission was extensive and complete and that all interested parties were heard at that meeting; 3.) The Application is in conformance with the Subdivision Regulations of Garfield County, of 1984, as amended and The Comprehensive Plan of 2000; 4.) That for the above stated and other reason, the proposed Preliminary Plan is in the best interest of the health, safety and welfare of the citizens of Garfield County; -5- PC 09/1212007 cR V STAFF RECOMMENDATION Staff recommends that the Planning Commission make a recommendation of approval for the Queen Subdivision Preliminary Plan with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners and Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Applicant shall include the following plat notes on the final plat: a) One (1) dog wilt be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. b) No open heafth sotid-fuet 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. Att dwelting units will be allowed an unres,tricted number of natural gas burning stoves and appliances. c) All exterior tighting wilt be the minimum amount necessary and all exterior tighting witl 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. d) No further divisions of land within the Subdivision will be allowed. e) 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 Gartield 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 pubtic 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 paft of a legal and non-negligent agricultural operations. 0 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, controtling weeds, keeping livestock and pets under control, using propefty in accordance with zoning, and other aspects of using and maintaining propefty. 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 -6- PC 09/1212007 CR Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. g) Based on the analysis of the sub-soils on the property, lndividual Sewage Treatment System and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner. h) All sfreefs are dedicated to the public but all streets will be constructed to standards consistent with Section g:35 of the Subdivision regulation of 1984, as amended and repair and maintenance shall be the responsibility of the Homeowners Association of the subdivision. i) The mineral rights associated with this propefty have been partially severed and are not fully intact or transferred with the surlace estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 4) The Applicant shall provide a water quality analysis and approved well permit for the well to serve the created lot to be submitted with the Final Plat; 5) The Applicant shall provide a copy of Declaration of Covenants and Restrictions to be submitted with the Final Plat; 6) The Applicant shall provide a copy of the Subdivision lmprovements Agreement to be submitted with the Final Plat; 7) The suggestions made by Glenwood Springs Rural Fire Protection District shall be incorporated within the Declarations of Covenants and Restrictions and item four (4) shall be included in the Subdivision lmprovements Agreements; 8) The Applicant shall prepare an "lndividual Sewage Disposal System Operation and Maintenance Plan" to be submitted with the Final Plat. This plan shall be incorporated into the covenants as parl of the Final Plat application review; 9) The Applicant shall pay the Traffic lmpact Fee to Garfield County to be calculated at the Final Plat. Yz shall be paid prior to the signing of the Final Plat, the remainder is to be paid at the time of obtaining a building permit. This information shall be included in the Declaration of Covenants and Restrictions; 10)The Applicant shall pay the cash-in-lieu for the School Site Acquisition Fee for; -1 PC 09/1212007 CR 1 1)Prior to the submittal of the Final Plat the Applicant shall obtain an appraisal for the unimproved per acre market value of the proposed lot and complete the RE-1 school district fee formula found in $9:81 of the Gadield County Subdivision Regulations of 1984; 12)The Applicant shall provide a site grading plan demonstrating how flows f rom the two existing basins will be mitigated prior to scheduling this item before the Board of County Commissioners; 13)The Final Plat submitted shall identify the created lots as Lot 1 & 2 of the Queen Subdivision; 14)The Applicant shall apply for a driveway permit prior to submitting the Final Plat for review; -8-