HomeMy WebLinkAbout5.0 PC Staff Report 12.08.2004PC 12/08104
FJ
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Sketch Plan for the Mahan Subdivision
APPLICANT Mahan Properties
LOCATION A tract of land located in portions of Section
8, T7S, R89W, generally located
approximately five (5) miles south of
Glenwood Springs in the Four Mile drainage
SITE DATA
WATER
SEWER
ACCESS
EXISTING ZONING
ADJACENT ZONING
20 acre parcel (approximately)
Well
Individual Sewage Disposal System
CR 126 (Black Diamond Mine Road)
ARRD
ARRD / Open Space (BLM)
-1-
I. DESCRIPTION OF THE PROPOSAL_
A. General Property Description
The 20 -acre parcel is located south of Glenwood Springs on County Road 126 also known as
Black Diamond Mine Road which is accessed via Four Mile Road at deadman's curve. The
property is bisected by CR 126 (Black Diamond Mine Road) across the northern portion of the
property leaving approximately 5 acres o
the north east parcel and 15 on the
southwest parcel. The property is bordered
by BLM on the north and private lands on
all other sides. Existing improvements on
the property include a single-family
dwelling and an arts and crafts studio on
the west side of the road and a guest house
and two out buildings on the east side of
the road. The tract contains some hillsides
(slopes of 7 to 15 %) and generally
covered by grasses, sage, and oak brush.
6. The Subdivision Proposal
The Applicant proposes to formally split
the 20 -acre property into two lots (Lot 1
having 5.66 acres and Lot 2 having 15.06
acres) using Black Diamond Mine Road
(CR 126) as the new dividing line between
the two lots. Domestic water source for the
two lots would be shared from an existing
well that currently has a West Divide
Water Conservancy District contract.
Existing ISDS would be utilized for
sewage disposal purposes. Access to the
properties would continue to be directly
from County Road 126. Lot 1 would
contain the existing house and arts &
crafts studio. Lot 2 would contain the
guest house and various storage sheds.
The proposed site plan on the right is
intended to illustrate the arrangement of
the two lots as well as CR 126 (60 -foot
ROW) being the dividing line between the
two lots.
S 89.4613:3' E 210
2
0
0
.\
S 89.46`45• E
.145.17'
R=121,64 tit /,+
LOT 1
is
1.989..71'
6..0712'18`
c r FN�rz,,33
BRG+N3fl'O4'27' � \ / sKp^ H' Rom (Alt.1 wl
Ll B)nr 113 At PAC[ 421
a
0
.7
0
m
Awe OK
4t
g7�
0,.,m17bru7 112002a0S10RAtYR51eo--
B - ad
Al P417 431
WATER
LINE (TYP)
LOT 2
15.06 ACRES +/-/
aRR+G
/
WA
107.93'
R-122,21.
=SO'3A'39'
t1.1041. A6'
'09'79'w
L
OIRK N) ROMP R. 10969
W7LS (141') A. 4133)1- 3
PRAPOS11 20' 6A1ER �.� lET1=77,62
17MlrI AMC' (490ERT BMG=Nfl33Y.�'
NG 807
-2-
11. COMPREHENSIVE PLAN
The subject property is located in Study Area I and is designated as "Low Density Residential" on
the proposed land use district map of the Comprehensive Plan which suggests an overall density of
10 acres per dwelling unit or greater. The proposal, if approved, will result in an overall density of
10 acres per dwelling unit if the main house remains the only dwelling unit on Lot 1 and the guest
house reverts to a primary unit on Lot 2.
III.MAJOR ISSUES AND CONCERNS
The purpose of a sketch plan review is to provide an Applicant with an evaluation of the feasibility
and design characteristics of a subdivision proposal at an early state in the planning. The following
comments are intended to provide guidance to the Applicant so that any significant issues can be
identified for the Applicant which would need to be addressed during the preliminary plan and final
plat review stages of the proposed subdivision. The following
A. Zoning
The property is located in the ARRD zone district which, inter alia, requires that the minimum lot
size be at least 2 acres. The proposal will create two lots which will both meet the criteria of a two
(2) acre minimum lot size. However, by locating the new lot line separating the two lots down the
middle of Black Diamond Mine Road, it renders the framed dugout and the storage building (on
Lot 2) as non conforming structures because they would be located in the newly created front yard
setback of 25 feet from the front property line or 50 feet from the centerline of the road whichever
is more restrictive. Therefore, this proposed lot line creates a zoning violation for those two
structures. Arguably, this non -conforming scenario exists today using the 50 foot from road
centerline as the setback.
[As a matter of zoning history (permitted uses) on the property, the Applicant received approval
for a Conditional Use Permit for a studio for arts and crafts and a home occupation, memorialized
by Resolution No. 98-06. Conditions of that approval required the Applicant to 1) have an
engineer certify the adequacy of the ISDS serving the structure and 2) that the structure not be
used for any other purpose than the home occupation and arts and crafts studio. The ISDS was
permitted and verified as being adequate for the studio for arts & crafts/home occupation.
Subsequent to the final inspections being done on the building permit to remodel the building for
the studio for the arts & crafts and a home occupation, additional construction activity occurred in
violation of the Building Code and Zoning Resolution. The structure was converted to a two-
bedroom dwelling. The Code Enforcement Office has visited the site and provided the applicants
with a written statement regarding the issues that need to be resolved, prior to the County
accepting the building as being in compliance with the regulations. At this point, plans have been
submitted to the Building Department to verify compliance with the building code and the Code
Enforcement office has verified that the structure is not being occupied.
Additional zoning parameters that the Applicant should be aware of for future development on the
-3-
parcels are as follows:
D Maximum Lot Coverage: Fifteen percent (15%)
• Minimum Setback:
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 (1/2) the height of the principal
building, whichever is greater.
D Maximum Height of Buildings: Twenty-five (25) feet
B. Legal Access
Legal access can be provided from County Road 126 to both lots. The Applicant is using the
County road as a basis for the split. Normally, the County would have the applicant dedicate a 60
ft. wide right-of-way for the road. The proposed plat actually shows that the ROW is a 60 -foot
wide easement. This easement was filed in 1975 that created a 60 ft. wide road and has been
shown on the proposed plat. The easement is between private parties and does not include the
County, but the County has maintained the road for a number of years.
C. Domestic Water Supply
Domestic water for the property is provided by the "Davies Well" (15 gpm well) decreed by water
court case # W-2572, appropriated in 1941 and decreed in 1974. This well was recently re -
permitted under permit #239415 by the Division of Water Resources in April, 2002. This well
permit states the well may provide water up to two (2) single-family dwellings, fire protection,
watering of domestic animals, and the irrigation of not more than one acre of lawn / gardens.
Subsequently, the Applicant obtained an augmentation contract from West Divide Water
Conservancy District which was activated on January 15, 2004. This contract provides water from
the Davies Well to serve up to three (3) single-family dwellings and up to 6,000 sq. ft. of
irrigation water for lawn / gardens. At present, the subject property is allowed to contain two
single-family dwelling units (the main house and the cabin). As a result, it appears the Applicant
has provided adequate proof of a legal water supply.
Regarding adequate physical supply, the Applicant provided a "spring water test" conducted byJ
& M Pump Co. in May, 2000 (four years ago). This test indicated that the "spring" water supply
produced a flow of 15 gallons a minute and would be stored in a 5,000 gallon fiberglass storage
tank. The report indicated that the supply and storage would be adequate to serve up to three
single-family dwellings at 350 gallons per day per household. Prior to the signing of the final plat,
the Applicant shall be required to demonstrate the following:
a. That a four (4) hour pump test be performed on the well to be used;
-4-
b. A well completion report demonstrating the depth of the well, the characteristics of
the aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f. The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
g. A water sharing agreement will be filed with the exemption plat that defines the
rights of the property owners to water from the well.
Because the Applicant proposes to share the water from the Davies Well, they would need to craft
a well sharing agreement, easements for the well and water lines before any plat could be
approved. The Applicant shall submit a well sharing agreement that determines what entity (such
as a Homeowners Association) will own, maintain, and govern the use of the well including the
supporting infrastructure such as the pumphouse, pump, waterlines, etc. In addition, the
agreement shall also determine who owns and administers the water rights provided for in the
West Divide Water Conservancy District contract (#030821LC(a)). Lastly, the agreement shall
include a reference to the easement depicted on the final exemption plat. This easement shall be
recorded in the County Clerk and Recorder's Office and its book and page shall be noted on the
final plat.
[Either the applicant must record conveyance documents at the time of final plat if the easements
and water rights will be owned by an entity such as an HOA, or conveyance documents must be
created and signed when a lot is sold.]
As with all preliminary plans, the Applicant shall be required to demonstrate compliance with the
following regulations in the preliminary plan application:
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
written form:
A. In all instances, evidence that a water supply, sufficient 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;
-5-
4. Evidence that public or private water owners can and will supply water to the
proposed subdivision, including the amount of water available 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 the final 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:
1. Nature of the legal entity which will own and operate the water system; and
2. Proposed method of financing 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 served, 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-term 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 water.
Section 9:51 requires an adequate potable and irrigation water supply shall be available to
all lots within a subdivision, taking into consideration peak demands to service total
development population, irrigation 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 qualified to design water
systems and be a registered professional engineer licensed by the State of Colorado. Central
-6-
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 proposed for cul-de-sacs, there will either be a fire hydrant
or blow -off valve at the end of the line.
9:54 Water supply stems, on -lot or otherwise located in a floodplain, shall be designed to
minimize or eliminate infiltration and avoid impairment during or subsequent to flooding.
9:55 All water mains shall be a minimum diameter of four inches (4"), provided storage
facilities adequate for fire protection are available.
D. Sewer
Each of the proposed lots has existing ISDS systems serving the legally placed dwelling units.
The arts & crafts studio/home occupation has a legal ISDS that has been permitted by the County.
These are permitted and in place.
E. State and Local Health Standards
Colorado Department of Public Health & Environment ISDS standards require the County to
issue an ISDS permit for all such systems installed in the County. Each of the ISDS on the
property appears to be in compliance with the State and County ISDS regulations.
F. Drainage
The parcel to be created by exemption, in its natural state, does not appear to be prone to flooding
or other drainage problems. Site specific investigation prior to issuance of any additional building
permits may be required. As required with all preliminary plans, the Applicant shall 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 the following information in graphic and/or
written form:
A. Existing water courses and lakes;
B. Limits of tributary areas, where practical;
C. Computations of expected tributary flows; 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:
1. Area subject to inundation; and .
2. Location and size of proposed 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.
-7-
9:42 All drainage facilities shall be designed based on a twenty-five (25) year frequency
storm.
9:43 Where 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.
G. Fire Protection
The property is located within the Glenwood Springs Rural Fire 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 Subdivision fire protection plans shall be reviewed by the appropriate fire 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 the fire 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 Water used for fire protection purposes does not have to be potable water and may be
from a source separate from the domestic supply.
H. Vegetation Management
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 any improvements made in the subdivision. The
Applicant shall also address the following section in the Subdivision Regulations:
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND
WILDLIFE
-8-
A. 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.
1. Wildlife Issues
No information was provided regarding the issue of wildlife. The Applicant shall be required to
address the following at preliminary plan:
4:70(D) Wildlife - Description of wildlife habitation, including big game ranges based on the
mapping practices of the Colorado Division of Wildlife.
J. Soils / Geology
In general, the property is located in an area where the soils are generally classified as "Jerry
Loam, 12 to 25 percent slopes" which characterizes the soils as deep, well drained soils on
alluvial fans and hills. The soils are poorly suited for home site development due to shrink -swell
potential and slopes. 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, SOIL, VEGETATION 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 lithology and the stratigraphy of overlaying
unconsolidated materials in sufficient 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;
K. Easements
Any required easements (drainage, access, utilities, etc.) will be required to be shown on the
exemption plat. This includes well and water line easements for the shared well / water system to
serve both lots. Either the applicant must record conveyance documents at the time of final plat, if
the easements and water rights will be owned by an entity such as an HOA, or conveyance
documents must be created and signed when a lot is sold.
-9-
L. School Site Acquisition Fees / Traffic Impact Fees
Normally, all newly created lots within any residential subdivision are required to pay both the
school site acquisition fees and traffic impacts fees. However, in some instances, new lots created
may have already been improved with a primary single-family dwelling and have subsequently not
been required to pay the fees since the improvements were already there. In this case, proposed
Lott already contains the primary single-family dwelling and an art studio and therefore is not
obligated to pay the fees. Conversely, proposed Lot 2 only contains a "guest house" that is
secondary and accessory to the principal dwelling on Lot 1. As a result, fees are required to be
paid for Lot 2.
As a result, regarding school site acquisition fees, the property is located in the RE -1 School
District which will require the Applicant pat the appropriately calculated fee based on the assessed
value of the property. This fee shall be paid at the time of final plat. Regarding traffic impact fees,
the Applicant shall pay the appropriate Traffic Impact Fee because this property is located within
Traffic Study Area 8d. The fee is a cumulative fee for areas 8a + 8B + 8c + 8d which are a total
fee of $264.00 per ADT minus the appropriate discounts to be calculated and paid at the time of
Final Plat or as otherwise approved by the Board of County Commissioners.
M. 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 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)."
N. Other Issues
Section 8:60 (I) requires the following statements be placed as plat notes on any subdivision
exemption plat and other plat notes are standard for rural areas:
1. "Control of noxious weeds is the responsibility of the property owner."
2. "One (1) dog will be allowed for each residential unit within a subdivision and the
dog shall be required to be confined within the owners property boundaries."
3. "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., 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".
4. "All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward and downward, towards the interior of the subdivision,
-10-
except that provisions may be made to allow for safety lighting that goes beyond the
property boundaries".
5. "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. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
law and County policy provide that ranching, farming or other agricultural activities
and operations within Garfield County shall not be considered to be nuisances so
long as operated in conformance with the law and in a non -negligent manner.
Therefore, 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.
6. "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. "Specific geological hazards may be encountered during the placement of structures
and septic systems. Site specific analysis for placement may be required."
O. 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.
-11-