HomeMy WebLinkAbout2.0 PC Staff Report 06.14.2006PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT / OWNER
LOCATION
PROPERTY SIZE
SI I E DATA
WATER
SEWER
ACCESS
EXISTING ZONING
COMPREHENSIVE PLAN
PC 06/14/06
FJ
Sketch Plan: Monkton Meadows Subdivision
Tom & Evelyn Monkton
4110 County Road 243, northwest of New Castle in
Sections 35 and 36, Township 4 South, Range 91 West
53.94 acres
3 residential lots (36 acres, 6.5 acres. and 11 acres)
Individual Wells
ISDS
County Road 243 (Main Elk Creek)
ARRD
Outlying Residential
Northerly view across Lots 2 and 3 east of CR 245
I. GENERAL PROJECT INFORMATION
The Applicant proposes to subdivide a 53.94 acre property into 3 residential lots that are
approximately 36, 6.5, and 11 acres in size each with direct frontage on Main Elk Creek (CR
245). The property is generally located about 5 miles northwest of the Town of New Castle in the
Main Elk Creek drainage. The Applicant proposes to provide individual water wells on each lot
which are also intended to be served by ISDS. All three lots have direct frontage onto CR 243.
The property can be physically
characterized as lying primarily in the
valley floor / drainage of Main Elk
Creek which runs through the middle of
the property. The property is broken
into two benches comprised of an upper
bench consisting of irrigated pasture
lands which is separated by mature
stands of cottonwoods to the lower
bench also consisting of irrigated
pasture lands with a mature and
significant riparian buffer along Main
Elk Creek of dense cottonwood trees.
Structural improvements to the property
include a single-family dwelling,
garages, barn, and assorted agricultural
outbuildings. These are all clustered on
proposed Lot 2. The site plan to the
right illustrates these improvements in
the context of the proposed lot layout.
The property is bound generally by
fairly steep slopes to the east and west
with similar land uses and character to
the north and south. The property to the
east is BLM and private property on all
other sides.
II. GENERAL RELATIONSHIP
TO THE COMPREHENSIVE PLAN
The property is located in an area that has been designated as "outlying residential" and is not
located in the area of influence of the Town of New Castle. This allows for an average density of
at least 2 acres per dwelling unit. This proposal in terms of use (residential / agricultural) and
average density is compatible with the Comprehensive Plan and general character of the area.
III. APPLICABLE ZONING REGULATIONS
The following is an analysis of the proposed development with the required zoning regulations of
the ARRD zone district.
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4 A. Proposed Uses in ARRD Zoning
The Applicant proposes single-family residential development on all 3 lots which is a "use 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.
B. Common Dimensional Requirements in ARRD Zoning
1. Minimum Lot Size of 2 acres: The Applicant proposes the 53.94 -acre property be
(\,-, subdivided into three (3) lots that are approximately 36, 6.5, and 11 acres in size which
satisfies the minimum lot size in the zoning.
2. Maximum Lot Coverage: Fifteen percent (15%)
3. 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.
4. Maximum Height of Buildings: Twenty-five (25) feet
IV. APPLICABLE SUBDIVISION REGULATIONS
The following section addresses common subdivision components that will need to be addressed
as part of any Preliminary Plan and Final Plat submittal to the County.
A. Domestic & Irrigation Water
An existing well already serves the dwelling on lot 2 and the Applicant proposes to install
individual wells on Lots 1 and 3. The water rights for these wells are to be obtained by an
augmentation plan that is presently being reviewed by the water court. Physically, the
application states that the location of the new wells in the alluvium of Main Elk Creek should
prove an ample physical supply. The pending Augmentation Plan is included in the application
and does propose 1,500 sq. ft. of irrigation for each new well and 3,000 sq. ft. for the existing
well. It appears the property benefits from certain raw water irrigation sources (ditches,
springs). This should be detailed at Preliminary Plan noting which entity shall own these rights,
etc.
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:
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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 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.
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.
B. Waste Disposal
The application states that wastewater generated from the two new residential uses on Lots 1
and 3 are to be accommodated by ISDS. Lot 2 presently has an ISDS in place serving the
existing dwelling. It appears the soils prevalent on the property are deep and well drained and
suitable for ISDS. All local and State regulations shall be followed regarding any need for an
engineered system.
C. Roads / Access
All three lots have significant frontage along CR 243. The Applicant proposes no new internal
roads. Presently, there are two access points from CR 243 that serve the property. The southerly
access point off of CR 243 is a shared 30 -foot driveway / easement that straddles the property
line between the subject property and the neighbor to the south. This is a recorded easement as
shown on the plat that shows access to Lot 1.
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The second access point is a long established driveway serving the existing dwelling on Lot 2.
The Applicant proposes a third (and new) access point north of the main existing driveway to
serve as the access point to Lot 3. This access point appears to have good site distance in the
north / south direction but would require a driveway permit from the Road Bridge Department.
Staff suggests this access point be more aligned with the fence on the northwest corner of the
lots so as not to split the pasture land in two awkward pieces leaving it intact.
D. Fire Protection
The property is located in the Burning Mountain Fire Protection District. As such the Applicant
shall be required to address the following sections of the subdivision regulations in the
Preliminary Plan application.
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.
9:73 Where there is no central water system available, a centrally located fire protection
water tank shall be designed to meet the fire protection needs of the subdivision and be"
approved by the appropriate fire protection 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.
E. Drainage
The property slopes in a relatively gentle manner from the west to east towards Main Elk Creek.
Due to the large size and gentle slopes of the property, it does not appear that drainage will be a
significant issue during subdivision design. 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 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.
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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.
F. Floodplain
The property is bifurcated by Main Elk Creek. A portion of the creek's floodplain (just outside
of New Castle) has been mapped by the Soil Conservation Service in 1986 but the mapping
ends several miles south of the property. As such the portion of the creek that runs through the
subject property is not located within a mapped floodplain.
The County does require that all
development be located at least
30 feet from the high water mark
on each side of any live stream.
Specifically, Section 5.05.03 in
the Zoning Resolution of 1978,
requires that 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 and maintained in
conformance with the definition
thereof, with the exception of
diversion facilities as an
accessory to an approved use on
the lot.
Section 2.02.28: Greenbelt: Land retained in an open or unimproved condition, except for
agriculture, for the placement of landscape materials, including trees, shrubs and grasses and
structures limited to foot paths, bridges, irrigation structures, erosion protection devices and
underground utilities, or improved for park use as defined herein; ownership of such land may
be private with an easement or reservation for greenbelt use by deed restriction, or it may be
dedicated to the public. Designation of greenbelt does not imply provision for access by the
public.
This area shall be shown on the preliminary plan and this greenbelt definition shall be included
as a plat note on the Final Plat.
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G. 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.
H. Soils / Geology
The application provides that the soils in the area include Jerry Loam, Torrifluvents,
Torriothents-Rock Outcrop complex, and Ascalon -Pena complex. Predominantly these soils
appear to be well drained and suitable for community development. The Applicant shall also
address the following section in the Subdivision Regulations for preliminary plan:
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY & SOILS
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;
I. 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 INFORMATION: GEOLOGY, SOIL, VEGETATION AND
WILDLIFE
J. 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.
K. 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)."
L. Easements
It appears the only easement that will need to be addressed is the shared driveway between the
neighbor to the south and the subject property located on the southerly property line. The terms
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of this easement shall need to be determined and formalized with the Final Plat. There are no
other amenities to be shared within the subdivision such as a water system, internal roads, or
open space).
M. 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 in a traffic impact fee. This fee will be figured at the time of
final plat. The Applicant could expect to pay an approximate fee of $2,985 of which l/ 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. As such the developer is required
to pay the appropriate School Site Acquisition Fee to be paid at final plat and included as a
component of the Subdivision Improvement Agreement (SIA). This fee is generally calculated
as $200 per residential unit.
N. Recommended Plat Notes/ Covenants
Please be aware, the County requires the Applicant place the following plat notes be included
on the final plat and in protective covenants:
1. 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.
2. 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.
3. 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.
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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 (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries.
6. 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).
7. Greenbelt as shown on this final plat shall be defined as "land retained in an open or
unimproved condition, except for agriculture, for the placement of landscape materials,
including trees, shrubs and grasses and structures limited to foot paths, bridges,
irrigation structures, erosion protection devices and underground utilities, or improved
for park use as defined herein; ownership of such land may be private with an easement
or reservation for greenbelt use by deed restriction, or it may be dedicated to the public.
Designation of greenbelt does not imply provision for access by the public."
A. 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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