Loading...
HomeMy WebLinkAbout2.0 PC Staff Report 09.10.2003kw ti • • PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT / OWNER: LOCATION: WATER: SEWER: ACCESS: EXISTING ZONING: PC 09/10/03 FJ Preliminary Plan review for the Park Subdivision Diane and Greg Park 1213 County Road 112 Well / Shared Well ISDS CR 112 A/R/RD tla)‘h �. PROJECT INFORMATION The Applicant, Diane and Greg Park, propose to subdivide their 6.8 acre property into two lots; Lot 1A having 4.28 acres containing the existing single-family dwelling and garage, and Lot 1B having 2.61 acres and containing an existing cabin. The property is located in the Missouri Heights area north of Carbondale on County Road 112. The topography of the property is characterized as a small knoll with slopes that range from 20% to 35% down to the west, north, and east. Vegetation on the property consists primarily of juniper / pinon pine and native grasses with a relatively small meadow on the eastern side which also contains an active ditch. At present, the property contains a single-family residence, 2 story garage, and a single story cabin. The lot was the result of an exemption from the definition of subdivision. The existing cabin was approved as part of a Special Use Permit for a "resort" in March, 2002 which is memorialized via Resolution 2002-20. As a result, access, dwelling units, water, and wastewater already exist. This request will allow the Applicant to draw a line across the property placing the two units on their own property. II. REFERRAL AGENCIES Staff referred the Application to the following referral agencies for comments. A. RE -1 School District: No comments received. B. Town of Carbondale: No comments received. C. Colorado Division of Water Resources: The Division stated the proposed water supply will not cause material injury to decreed water rights, however additional pump tests appear necessary. (See Exhibit = ) D. Colorado Geological Survey (CGS): CGS inspected the site and structures and found no geologic hazards or conditions that would preclude the intended subdivision of the property. (See Exhibit 1-i ) E. Colorado Division of Wildlife: No comments received. 1 • • III. STAFF COMMENTS A. Zoning The property is located in the A/R/RD zone district. A single-family dwelling is a use by right in the A/R/RD zone district which allows for a minimum lot area of 2 acres. The proposed subdivision provides lots than are no smaller than 2 acres in size which complies with the zoning regulations. It should be noted that the Special Use Permit for the "resort" for the cabin will dissolve and the cabin and the primary use the property will revert to a single-family dwelling use. B. Comprehensive Plan The property is located in Study Area 1 in an area defined as "Medium Density Residential" which suggests a density of 6 to less than 10 acres per dwelling unit. The density of the existing lot containing two units is 3.4 acres per dwelling unit. The average density of the proposed subdivision is 3.4 acres per dwelling unit. C. Water Supply Water to serve the two newly created units is currently provided by existing wells. Lot 1A is currently served by a well (permit #232502) and Lot 1B is served by a well (permit # 79110) which is located on the adjacent property to the north owned by Kathy Weiss. The use of this well is governed by a Water Well Agreement that describes the ownership, maintenance, and costs responsibilities of each owner. Each party is entitled to a one-half interest in the well. The Applicant (the Parks) have delineated (on the plat) a well easement around the well (30' in diameter) and a line easement (15' wide) from the property owned by Kathy Weiss to Lot 1B. With respect to both wells serving the two subdivided lots as a legal source of water, the Division of Water Resources stated that their use will not cause injury to decreed water rights. (Exhibit I) Regarding physical supply and water quality, the Applicant provided a recent pump test for each well which included pump rates and water quality analysis. The pump test for the well serving lot 1A did not conclude that a full recovery was observed. The Applicant had the well tested a second time which resulted in a full recovery. The well that serves the cabin (Lot 1B) provides an adequate water supply according to the well pump test which was reviewed by the Division of Water Resources (Exhibit I). Regarding the water quality testing preformed on both wells, they both tested fine for nitrites / nitrates, but both wells showed a presence of coliform. While the County requires a quality test be performed as part of the water supply analysis, the County defers to the Colorado Department of Public Health and Environment for water quality issues. Homeowner's Association / Covenants As required as part of subdivision, the Applicant shall be required to formally establish a homeowner's association (HOA) or other legal entity to administer covenants that govern ownership of water rights and maintenance of water systems serving all parcels within the subdivision. More specifically, the regulations (Section 4:91(B)(1) and (2) require the Applicant to describe 1) the nature of the legal entity which will own and operate the water system; and 2) the proposed method of financing the water system. 2 • • D. Waste Water Both the primary dwelling unit and the cabin have their own ISDS (Septic / leach field) systems in place and approved by Garfield County. Specifically, Lot 1A has an installed septic system (permit #21076.01) and Lot 1B also has an installed septic system (permit #1653). The Subdivision Regulations require an Applicant to submit a plan for maintenance and operation for all ISDS proposed within a subdivision in Garfield County. The Applicant has provided an article for the National Small Flows Clearinghouse (Fall 1995 issue, Vol. 6, No. 4) entitled "Pipeline: Small Community Wastewater Issues Explained to the Public" which is a guide for homeowners to maintaining their septic systems; it provides detailed information on how septic systems work and how to properly maintain them. The Applicant proposes to include this information in the covenants as the ISDS management plan to be followed at the discretion on the individual homeowner as required by the HOA. As part of the final plat, the Applicant shall draft the protective covenants to include provisions for maintaining ht ISDS on the individual lots. E. Floodplain The subject property is not located within any delineated floodplains. F. Soils/Geology The Applicant provided information regarding soils in the area of the property as well as an analysis of the geologic conditions /constraints on the property in a report completed by HP Geotch. The report describes the geology of the property as being located on a rolling basalt plateau to the north and east of the Roaring Fork River. The topography of the property is characterized as a small knoll with slopes that range from 20% to 35% down to the west, north, and east. Vegetation consists primarily of juniper / pinon pine with a relatively small meadow on the eastern side. The soils on the property consist of the following: Soil type: Empedrado loam, 12 to 25 percent slopes: This deep well drained soil is on side slopes and foot slopes. It formed in colluvium derived dominantly from mixed sedimentary rocks. The surface layer is loam 8 inches thick The subsoil is clay loam about 55 inches thick The substratum to a depth of 70 inches or more is clay loam. Permeability is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. The report does indicate the potential of sinkhole risk on the property as in the area due to an existing sinkhole approximately 1,300 feet to the northeast of the property. The report does indicate this risk is low. Regarding radiation, the report indicates the property is not in an area that would have high concentrations of radioactive minerals in the soils. There may be detectable levels of radon gas in the area for which testing should be done in the buildings. It is their experience that levels in that area are typically low. The Colorado Geologic Survey inspected the property and "found no geologic hazards that appreciably affect the site. Hill slope grades are moderate. The underlying materials are 3 • • basaltic rocks and stable colluvial soils. We found no distress to the existing structures. We found no geologic hazard or condition that would preclude the intended subdivision of this property." (See Exhibit H) G. Road/Access At present, both units on the property have access from the County Road 112 by way of a 30 foot access easement that extends from CR 112 westward between the subject property and the adjoining property currently owned by Kathy Weiss. This easement is shown on the plat and currently recorded in Book 455 on Page 565 with a reception number of 261809 and has also been provided in the application materials. This easement has been in place since 1974 and continues to serve the same properties. The subject property is not the sole beneficiary of the private access easement as it continues on to serve several other properties beyond the subject property. ro osed Lot 1A and 1B have individual driveways to theirots from the easement. However, this easement may need to be modified to include the future owners of Lot 1A—ane Lot 1B as the nature of the partproperty will be changed. This modification woul . a ow e new y s escn pee o s e parties to t o easement. Lastly, the App ican s be required to pay the traffic impact fee at the time of final plat for both Lots 1 A and 1B. a 1 H. Drainage The Applicant provided a drainage study conducted by Boundaries Unlimited, Inc which concluded "stormwater runoff from the site is presently divided into the Cattle Creek and Crystal Spring Creek drainage basins. Existing drainage patters (in the form of sheetflow) will be maintained and will not be adversely affected by the proposed subdivision or downstream properties." The property is not located in a 100 year flood plain. The property slopes in a northwest to southeast direction with significant slopes where all drainage would also flow in that direction. At present, the application did not include any information. regarding the presence of drainage issues. I. Wildlife The Applicant did not provide any information regarding the presence of wildlife; however, on the site visit, Staff did see several mule deer on County Road 112 at the entrance to the subject property., The units and the access roads are already constructed so there would not be further impact to wildlife in that regard. Neither property was fenced allowing the passage of wildlife through the proposed lots. The Application was referred to the Division of Wildlife which did not provide comments. J. Fire Protection The property is located within the Carbondale & Rural Fire Protection District. The Applicant provided a "willing to serve" letter from the District in the application materials from Bill Gavette, Deputy Chief of the District, which stated "the property is located in the service area of the District. The property is served by both fire and emergency medical services. While not required, due to the heavy vegetation in the area where the dwelling units are located, Staff would encourage the Applicant to consider an increase in the amount of defensible space buffering around the units. Specific methods to improve defensible space can be provided by contacting the Colorado State Forest Service and reviewing their 4 • • "Firewise" materials regarding effective buffering or defensible space around structures. Refer to the graphic below for ideas related to defensible space. 1. Thin tree and brush cover. 2. Dispose of slash and debris left from thinning. 3. Remove dead limbs, leaves and other litter. 5. Maintain irrigated greenbelt. 5. Mow dry grasses and weeds. rs 10. Reduce density of �•.�. surrounding forest. 8. Trim branches. g. Clean roof and gutters. 1 7. Prune branches 4. Stack firewood away ����.'�; .F1 to 10 feet from home. above the ground. le- �.-� ...� K. Vegetation The property's vegetation can be characterized by coverage of pinon pine and juniper which is typical of the area. The Applicant does not propose any further disturbance to the existing vegetation on the property as the improvements (dwelling units, access, and ISDS) are already constructed. Staff will require, as a condition for Final Plat approval, the Applicant work with the County Vegetation Manager to inventory the property for any noxious weeds and formulate a proper weed management plan to deal with existing and future weed control. L. Assessment / Fees Even though the improvements have been constructed on the proposed lots to be created through this subdivision, the Subdivision regulations require that all newly created lots shall be required to pay 1) traffic impact fees, 2) school / land dedication fees, and 3) the fire protection impact fee in this case because it is located in the Carbondale and Rural Fire Protection District. 1) School Land Dedication Fee: The property is located within the Roaring Fork RE -1 School District which requires a school impact fee or land dedication. This cash -in - lieu payment or land dedication shall be achieved pursuant to the calculation in Section 9:80 of the Garfield County Subdivision regulations. Specifically, this calculation is figured by multiplying the unimproved market value of land by the land dedication standards, then by the number of units in the subdivision. This fee shall be calculated at the time of final plat. 5 • • 2) Traffic Study Area Impact Fee: As mentioned above, the property is located within C.) the Traffic Study Area 11 which requires $384 per Average Daily Trip (ADT) generated per unit in the proposed subdivision. In this case, two lots are being created which generate 9.57 ADT for each unit. ADT generated from the newly created subdivision a total of 19.4 ADT. The resulting Traffic Impact Fee is approximat $7,505.04. his fee shall be calculated and paid as part of final plat. �3) Fire Protection Impact Fee: The property is located within the Carbondale and Rural Fire Protection District. The Applicant shall be required to contact the District in order to properly calculate the fees. This fee shall be paid as part of final plat. M. Open Space The Applicant does not intend to create any or dedicate any open space as part of this subdivision. N. Phasing of the Development Due to the fact that all the improvements are already constructed, the Applicant does not propose any phasing plan. IV. RECOMMENDED FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at that hearing. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. The proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978, as amended. 5. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend APPROVAL to the Garfield County Board of County Commissioners for the preliminary plan request for the Park Subdivision with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Planning Commission. 2. The Applicant shall either provide a land dedication or pay cash -in -lieu for the required School 6 • • Impact Fees at the time of final plat. This payment shall be made to the Garfield County as part of final plat. 3. The Applicant shall be required to create an unincorporated Homeowners Association (HOA) which will outline the responsibilities of the parties as -to the water rights, governance of the shared well for Lot 1B, governance of the management plan for the ISDS, and governance of the weed management on each lot. Proof of the established HOA shall be presented to the Planning Department for review at the time of final plat. 4. The Applicant shall be required to pay the appropriately calculated Traffic Impact Fee as well as any applicable impact fees to the Carbondale and Rural Fire Protection District. These fees shall be calculated at the time of final plat. 5. The Applicant shall inventory the property for any noxious weeds and provide a map and management plan to the Garfield County Vegetation Director for approval for any weeds that are found on the property prior to the submission of the Final Plat. 6. Based on the letter from the Division of Water Resources dated 8/7/03, the Applicant shall have a second pump test performed on the House Well so that a full recharge can be obtained. This pump test shall be provided to Staff at the time of final plat. 7. The Applicant shall provide the following plat notes on the final plat as well as provide them in the Covenants, Conditions, and Restrictions: A. "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." B. "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." C. "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." 7 • • D. "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." E. "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." VI. RECOMMENDED MOTION "I move to recommend APPROVAL of Park Subdivision preliminary plan with conditions to the Board of County Commissioners." 8