The URL can be used to link to this page

Home My WebLink About2.0 Staff Report PC 09.13.06Exhibits for Public Hearing held on September 13,2006 A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000, as amended E Application and addendums F Staff Memorandum G Memorandum from the County Vegetation manager dated 8/11i06 H Letter from Mt. Cross Engineerins dated 8116106 I Letter from DWR datedT/31106 J Email from the County Road and Bridge Department dated 218106 K /-t ilt r' /r*n H, tt s' fi: n /tc lr:/ r{ri/,-'/ 7/7et/r'>6 L Lt l/ol / t 1/ +, (.€",'t o M {", b- l..t c 1 /u. .[xhibit=Letter ,(AtuZ)' .. Exhibit , 'PC9113106 - MB PROJECT INFORMATION AND STAFF COMMENTS APPLICATION APPLICANT / OWNER LOCATION PROPERTY SZE SITE DATA WATER SEWER ACCESS EXISTING ZONING COMPREHENSIVE PLAN Preliminary Pian for the Panorama Reserve Subdivision Cort l,ewis Approximately 3 miles north of Catherine Store ly.a 46.069 acres 3 residential lots 10.000, 8.123, 27.946 acres Individual Well - Permit #91058 ISDS Panorama Drive ARRD Subdivision t. GENERAL PROJECT INFOBMATTON 1,t fi . F'3 2 7,?'b/l' 'i / The subject property is generally located in the Missouri Hei!2$ urr{fn- p*rfiparcel is 46.069 acres. The proposal is for 3 lots, the sizes of the lots are tH56: l4A5J , and,t$5 acres. The lots will share a well for domestic water. Individual sewage disposal systems are proposed for each of the lots. Access is being proposed from one central private drive from Panorama Drive for Lots 'A' and 'B' and a private drive off of Panorama Drive for Lot 'C'. Lots 'A' and 'B' have a platted building envelope for a residence and one agricultural building. Lot 'C' has two building envelopes; one for a residence and the other for an agricultural building. The three lots will share a well and each will have individual sewage disposal systems designed for the house constructed on the site. Electricity wiil be brought to the subdivision and LP gas tanks will be buried on each lot. REFERRALS Staff has referred the application to the following State agencies and/or County departments for their review and comment. Comments received are briefly mentioned below or are more comprehensively incorporated within the appropriate section of this staff report. u. Town of Carbondale: No Comments Carbondale Fire Protection District: No Comments RE-1 School District: No Comments Colorado Division of Wildlife: No Comments Colorado Division of Water Resources: Confirmed the ability of the well to serve 3 residences and associated water uses and provided a statement of "no material injury and adequate physical water supply". Colorado Geologic Survey: No comments received prior to the Planning Commission meeting due to late mailing of reports to them. Garfield County Road & Bridge Department: General Comments dated February 8, 2006 from Jake Mail. Garfield County Vegetation: Stated that the vegetation management plan is acceptable. Suggested that language be added to the covenants to encourage landowners to manage county listed noxious weeds. Mt. Cross Engineering (County Engineer): Chris Hale has noted issues tied to irrigation water, fire protection, geotechnical issues and drainage plans. tII. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The comprehensive plan for this area is "subdivision". The applicant is proposing 3 rather large lots that meet the minimum lot size for the underlying zone of ARRD. To the north and east are several lots much smaller than proposed in this application. The requqst is.in, -conformancetotheComprehensivePlan. ,/i.1 ",4/'L/-,'--'] - ,t'trt,// 14tnr"'f ,1 tl*. f,i'r(,:,ti.,' r 4fu' !V. APPLICABLE ZONING REGULATIONS I The following is an analysis of the proposed development with the required zoning regulations of the ARRD zone district. A. Proposed Uses in ARRD Zoninq The Applicant proposes single-family residential development on all 3 lots, which is 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 53.02 of the Zoning Resolution. V. APPLICABLE SUBDIVISTON REGULATIONS FOR PRELIMINARY PLAN A. Preliminary Plan Map as referenced in $4:50 of the Subdivision Regulations vI. Staff Findines: The applicants' Preliminary Plan Map appears to meet the requirements as specified in the regulations B. Additional Information $ 4:60 Staff Finding: The application meets the requirements for this section. The total development arca is 46.069 ac., which will be*ubdivided into 3 lots, with one dwelling unit on each. The only non-residential space on the property will be the agricultural buildings. Each lot will have 2 off-street parking spaces. SUPPLIMENTAL INFORMATION: $4:70 thru $4:94 A. Geoloey and Soils Staff Findinqs: The application did not originally include a geotechnical study prepared by a professional engineer. A report from HP Geotech was received by the Planning Department on September 1, 2006" This report has been forwarded to the State Geologic Survey for their review, but staff does not expect any comments back until after the Planning Commission meeting. Due to a miscommunication with the State Geological Survey, they just got the application and have not had the time to review any portions of it. The geotech report was emailed to them on September 5th. The application did include, as required, a copy of the soils information provided by the National Resource Conservation Service. The majority of the site is identified as Morval-Tridell complex, 12 to 50 percent slopes. According to the NRCS publication on soils, these soils are poorly suited for homesite development, due primarily to large stones and slope. The HP Geotech report states that the site is not impacted by geologic hazards such as rockfall, debris flow, high ground water or slope instability. They do note that the area is underlain by Eagle Valley Evaporite, which under certain circumstances can result in the creation of sink holes. No sink holes were observed on the property. HP Geotech does make recommendations regarding the need to have site specific percolation testing done for evaluation of geotechnical design parameters. The applicant has included a requirement for engineered foundations and ISDS in the covenants. This should also be a plat note. Given the soil type noted previously and no State review of the geotechnical report, staff cannot state that the applicant has met the requirements of this section. B. Vegetation Staff Findings: Steve Anthony, County Vegetation Manager, reviewed the weed assessment and management plan and finds it to be acceptable. He suggests that the proposed covenants have a section added dealing with weed management on the properties and that the property owners manage county listed noxious weeds. C. Wildlife Staff Findings: The applicant's engineer noted in his site report that the foilowing wildlife species are identified as being present on the property, based on the County Wildlife maps: o Black Bear Overali Range o Winter Elk Range o Mule Deer Overall Range The submitted list shows there is a number of wildlife species that could be affected by humans as well as domesticated animals. The applicants will need to be aware of the wildlife and manage any domesticated animals to reduce impacts it may have on wildlife. It would also be appropriate to require bear proof trash cans for all houses. D. Drainage PIan Staff Findinss: A Drainage PIan was submitted for the applicants by Rick L. Barth, P.E., Red Mountain Civil, Inc., dated April, 2006. The application proposes that each lot will be responsible for their own drainage and controls, and included a requirement in the covenants. Chris Hale, Mountain Cross Engineering, lnc., notes that while he understands the intent, the County in the past has always required the applicant for subdivision approval is responsible for installing any necessary drainage improvements as a part of their subdivision improvement obligations. He notes that the County could consider putting a plat note in stating" Individual lot owners shall be responsible to provide their own grading, drainage and erosion control plans for building permit showing how each lot will keep flows at historic rates, post construction drainage patterns, and minimizing concentrated flows that discharge to adjacent properties." This statement would have to include provisions for "design by and stamped by an engineer registered in the State of Colorado", to be acceptable. Garfield County Building & Planning Department does not have the expertise available on staff to review such drainage plans. It is staff's opinion that the proposal in the application does not meet Section 4:80, which requires an engineer registered in the State of Colorado to depict in written or graphic form the "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: I. area subject to inundation ; and 2. location and size of proposed culverts, bridges, ditches and channels." The proposed solution by the applicant's engineer is not consistent with past interpretations of this language. E. Utilitv Plan -General Staff Findings: The Subdivision will be served o LPG tanks - Gas . Holy Cross - Electric . All other utilities will be provided by private by the following utilities: means. F. Utilitv Plan - Water Staff Findinss: Domestic Potable water will be provided by an exempt domestic well, permit # 91058. The well is to be located on Lot A will be shared equally by all three lots, with a 1,000 gallon buried storage tank located on Lot C. It is proposed to create easements from the well to each lot. Subdivision Regulations $9:53states that "A1l lines in a central water systems will be looped, with no dead ends included in the system. Where dead ends are proposed for cul-de-sacs, there will either be a fire hydrant or blow-off valve at the end of the line." It appears that the applicant is only proposing to create the easements with no water lines built or fire hydrant or blow- off valves for the dead end lines. Staff finds this is not a looped proposal or properly designed dead end system and does not meet the County requirements. A 4 hour pump test was conducted by Samuelson Pump Company on 4126/2006. The rate of 20 GPM was maintained throughout the 4 hour test. The maximum drawdown was approximately 2.5 ft, with fuil recovery in 8 minutes. Physically, the well will be able to provide enough water for the three lots. No water quality samples were collected for the test, thus there is no information in terms of water quality. Typically, the minimum samples will be submitted testing for bacteria, nitrates and suspended solids. There is no discussion of irrigation water for the property owners in the original application. It appears that the applicant owns irrigation rights from the Missouri Heights-Mountain Meadows Irrigation Company. In subsequent correspondence from the applicant's attorney, it was noted that the preference was to allow homeowners to use the well for up to one (1) acre of irrigation. Section 9:51 requires "an adequate potable and irrigation water supply ..." to be available to each lot in the subdivision. If the State does not approve the use of the well for outside irrigation, the applicant will have to transfer all irrigation water rights to the homeowners association and provide a management and use plan for the irrigation water rights in the covenants. G. Utilitv Plan - Sanitarv Sewer Staff Findings: Wastewater treatment is proposed to serve each lot through the use of an individual sewer disposal system ISDS. There were no percolation tests performed on the property. The NRCS soils charts, indicate that he Morval-Tridell soils have severe constraints due to slope. ISDS are not allowed on slopes over 307a slope. The applicants are proposing the ISDS be installed by each owner based on a design done by a professional engineer. There needs to be an ISDS maintenance agreement/plan included in the protective covenants. H. Fire Protection Staff Findings: The Proposed subdivision is within the Carbondale Fire District boundaries. There is no discussion of fire protection water in the application. The covenants do include requirements for vegetation removal, fire apparatus road design 5 and posting addressing. The Fire District provided verbal comments, noting that there ar" iir. hydrants on the periphery of the property that should provide fire protection water. The Carbondale Fire protection district has an impact fee of $431|d-tt- for new development that has to be paid prior to Final Plat approval. I. Road/Access Plan Staff Findinss: The access to the subdivision will come from a main entrance off of Panorama Drive. A 30 ft. wide easement for an internal dead end public road is proposed to provide access to two of the lots. The third lot will be served by a driveway directly This road is configured to go through the property to provide access to another property. To the best of staff s knowledge, there is no alternate access on the adjoining property. As it exists, the road far exceeds the 600 ft. maximum allowed by Section 9:33 of the Subdivision Regulations. A longer road can be approved by the Board for topographical reasons and having fire protection and emergency egress and access is provided. Using the ITT Trip Generation manual, 2 residential lots will generate approximately 19.14 trips at9.57 rrips per dwelling which requires the internal road be designed to the "Primitive Residential" standard pursuant to Section 9:35 of the Subdivision Regulations. This road type requires a 30-foot right-of-way, a 12 foot driving lane,3- foot ditch widths, and a gravel driving surface. It is not clear that the proposed internal road has been designed to this standard. ln addition to designing the road to meet this standard, staff would suggest that if a longer design is approved, that a hammerhead turn around , with a minimum 50' turning radius be a part of the design for the subdivision. Dedication to the pubiic of this internal road will be required. Maintenance however, will be the responsibility of the Homeowners Association, as proposed in the protective covenants. J. Easements The Applicant will need to delineate, legally describe, and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all drainage easements, shared water system easements (domestic wells and water storage tank), storm-water drainage easements, all internal roads (which will be dedicated to the public on the face of the final plat) and any access and maintenance easements that need to be provided for in the common open space. K. Assessment / Impact Fees: The property is located in Traffic Study Area 11 which requires a $384.00 per ADT fee be paid to the county. This will be figured at the time of final plat. The applicant could expect to pay an approximate preliminary Traffic Impact Fee of $11,000 of which % shall be paid at final plat and included as a componeirt of the Subdivision lmprovement Agreement (SIA). The development is located in the RE-l School District which will require a fee for School Site Acquisition. An appraisal no more than two years old of the unimproved value of the property will need to be submitted to determine the per acre value of the property. This fee will be paid at final plat and included as a component of the Subdivision lmprovement Agreernent (SIA). The formula for calculating the fee is as Unimproved per acre market value of land x l,and Dedication Cash-in-lieu Note: the Land Dedication Standard for single fami\ homes .020 acres ' Standard x # of units = is 870 sq.ft. per unit or VII: 1. 2. RECOMMENDED FINDINGS That proper publication, pubiic notice, and posting was provided as required by law for the hearings before the Planning Commission. 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 the hearing. 3. That the application is in compliance with the standards set forth in Section 4:00 of the Garfield County Zoning Resolution of 1978, as amended. 4. That the application is in compliance with the standards set forth in Section 4.00 of the Garfield County Subdivision Regulations of 1984, as amended. 5. That the proposed preliminary plan is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County, VIII: STAFF RECOMENDATION The Planning Commission move to recommend approval to the Board of County Commissioners, Staff suggests 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 place the following plat notes on the final plat and in protective covenants: 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, iivestock 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-l-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." 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." f. "All building foundations and individual sewage disposal systems will be designed by professional engineer registered in the State of Colorado." The applicants shall create an unincorporated Homeowners Association. A covenant shall be added, requiring that any trash cans be "bear proof'. Submit a complete water quality analysis with the minimum samples being submitted testing for bacteria, nitrates and suspended solids prior to the Board of County Commissioners public hearing. The applicants shall create a ISDS Maintenance Plan in the covenants prior to the Board of County Commissioners public hearing. The applicant shall make a cash payment in-lieu of dedicating land to the RE-l School District in the amount and at the time as set forth in the Garfield County Regulations The applicant shall pay the Carbondale Fire Protection district impact fee of $437idwelling unit prior to Final Plat approval. The applicants shall pay the applicable traffic impact fee in the amount and at the time as set for in the Garfield County Regulations The road shall be a public road and right of way dedication shall be at the time of final platting. A plat note using the standard dedication certificate language as set for by Garfield County shall be used 1 1. Due to possible soil and geoiogical issues a piat not shall be placed on the final plat stating; "Foundations and lndividual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer with the state of Colorado" J. 4. 5. 6. 1. 8. 9. 10. 12. Any recommendations from the State Geological Survey will be incorporated into any, .onditions of approval made by the Board of County Commissioners. 4 SA t i/ 13. . fthe applicant wil] harffito transfer all inigation water rights to the homeowners associationlffipro'rride-a . 14. Prior to the final public hearing before the Board of County Commissioners, the applicant's engineer shall provide a revised drainage plan that includes the appropriately sized water retention structures on the property. Additionally, the detention structures will be built by the applicant and included in the Subdivision lmprovements Agreement at Final Plat. 15. Prior to the Board of County Commissioners public hearing, the applicant will submit a road plan and profile for the internal road meeting the Primitive Residential standards contained in Section 9:35 of the Garfield County Subdivision Regulations. 16. The Applicant will need to delineate, legally describe, and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all drainage easements, shared water system easements (domestic wells and water storage tank), storm-water drainage easements, all internal roads (which will be dedicated to the public on the face of the final plat); forin-+he e ilrr c A4,,,,,3/- rr.r rt - <-/ r'loZ w. t-),/,/V)t'tr { azF /ot Yu, #, August 16,2006 Mr. Mark Bean Garfield County Planning 108 8th Street, Suite 40i Glenwood Springs, CO 81601 RE: Review of Preliminary PIan Submittal MOUNTAIN CROSS ENGINEERING, INC. Crvrr nuo ElvtnoNurllAL CoHsurrtruc nlo Drstctt RECEEVHffi AUG I 6 Z{rA$ GARF tilu Clur,6'f.y for Panorama Reserv. sunaP#il8ffG & PtAft'{lilG Dear Mark: A review has been performed of the documents for the Preliminary Plan Submittal for Panorama Reserve Subdivision. The package was found to be well organized. The following comments, questions, or concerns were generated: f . irrigation does not appear to be a permitted use of the well. Though it appears thatthe Applicant owns irrigation shares, no description or design is shown for distribution of irrigation water, per Section 9:51 of the Subdivision Regulations. 2. There are no water supplies made available for Fire Protection. Due to the rernote location, residential fire sprinkling systems and water supply storage/availability should be considered, per Section 9:51 of the Subdivision Regulations. 3. A geotechnical report was not included, per Section 4:70A of the Subdivision Regulations. 4. The drainage plan appears to be in conformance to the Subdivision Regulations with the exception of Section 4:80 D and Section 9:43. ll is a forgone conclusion that construction of residences will create run-off in excess of historic site levels. The application proposes to have the individual lot owner submit site specific drainage plans. The "Declaration of Covenants" requires this under Section 16. Although the logic behind the proposal is understood, it goes against the position consistent within the County; on previous subdivisions, the necessary drainage improvements are constructed by the Applicant. However if a note is added to the plat and included under Section 1 6 in the "Declaration of Covenants", the intent of the Subdivision Regulations would be achieved. The note could read as follows, "lndividual lot owners shall be responsible to provide their own grading, drainage and erosion control pians for building permit showing how each lot will keep flows at historic rates. post construction drainage patterns, and minimizing concentrated flows that discharge to adjacent properties." Feel free to call if any of the above needs ciarification or if you have any questions or comments. I C: Mr. Jack Palomino, Palomino Design-Build P.C. 826 112 Crand Avenue . Clenwood Springs, CO 81601 PH:97O.945.5544 . FAX: 970.945.5558' www.mountaincross-eng.com Sincerely, Mountain rCross Hale, PEChiis STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources '1 31 3 Sherman Street, Room 81 B Denvet Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 wwwwater.state.co.us ,AU[, ir ? ltiLir' : -l ir! to,aiii ,", ', ,,, - .-,.1' , ,e'f: July 31 ,2006 Mark Bean Garfield County Building and Planning Department 108 8th St Ste 401 Glenwood Springs CO 81601 Bill Owens Governor Russell Ceorge Executive Director Hal D. Simpson, PE. State Engineer Re: Panorama Reserve Subdivision Preliminary Plan Section 17,T75, R87W, 6th PM W. Division 5, W. District 38 Dear Mr. Bean: We have reviewed the above-referenced proposal to subdivide a parcel of approximately 46.07 acres into three lots, with one single-family dwelling and one agricultural outbuilding on each lot. The applicant proposes to supply water through an existing well. Sewage disposal is to be through individual systems. Household use is estimated to require approximately 1200 gpd. Permit No. 91058 was approved on June 16, 1977, pursuant to CRS 37-92-602(3)(b)(ll) as the only well on a tract of 35 acres. The maximum pumping rate of the well is limited to 15 gpm, the average annual amount to be appropriated is 3 AF, and the uses are limited to domestic purposes in one to three dwellings and livestock watering. A well test completed by Samuelson Pump Co. indicates that the well produced over 20 gallons per minute over a 4-hour period on April 26,2006, that the drawdown was 2.48 feet and that the gg.7Yo recovery occurred within 8 minutes. With sufficient storage capacity, this well should provide an adequate supply for the proposed use. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1XhXl), that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains a vaiid weli permit, ancj is physically adequate. lf you oi'the appiicant has any questions concerning this matter, please contact me for assistance. Sincerely, . tl , ,/ ,/.i/' / t7/[<t"727777-<-e/ Cynthia J. Love cJlipanorama Reserve ii.doc water Resources Engineer cc: Alan Martellaro, Division Engineer, Division 5 Bill Blakeslee, Water Commissioner, District 38 sr,ff,d'1 {, ii t.i'i l, . -Hd"S'-'t- -'l-'r' s 'iii"'rE GARFIELD COI.INTY Building & Planning DePortment Review Agency Form Date Sent:February 8, 2006 Comments Due: March 1,2006 Name of application: Panorama reserve Subdivision Sent to: Garfield County Road & Bridge Dept. Garfield County requests your comment in review of this project.Please notifu the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Richard Wheeler 109 8m Street, Suite 301 Glenwood Springs, CO 81601 Fax'. 970-384-3470 Phone: 970-945-8212 General Comments; Garfreld Count), Road & Bridge Department has no objection to the subdivision request with the following provisions. The access to Panorama Loop shall have a current driveway access permit that rneets- current drivewa), access standards. A driveway access permit will be issued upon final- approval by the BOCC with conditions specific to the driveway access. A stop sign shall be required at the entrance of the driveway to Panorama Loop. The sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). A 3o-foot easement. if needed" will be deeded to the CounB from the center line of the- Countv road the entire length of the properqv that borders any Count], Road. All fences- and struchl'es that encumber the new ROW shall be moved back to the new ROW at the- sub-dividers expense prior to final plat. Name of review agency: Garfield County Road and Bridge Dept By: JakeB. Mall Date Jebruary27-2006 Revised 3130100