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Home My WebLink About3.0 Staff Report PC 10.22.08Exhibits for a Preliminary Plan Public Hearing on 1012212008 (PC) A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Reeulations of 1984. as amended E Garfield County Comprehensive Plan of 2000 F Apolication G Staff Memorandum H Memo from Garfield Countv Road and Bridee Dept. dated September 9'n. 2008 I Email from Building and Planning Proiect Engineer, dated September l0', 2008 J Opinion letter from Colorado Division of Water Resources, dated October 9*, 2008 K Letter from Colorado Geolosical Survey" dated September 29*. 2008 L Memo from Garfield County Vegetation Management, dated October 10*, 2008 M Email from Colorado Department of Transportation, dated September 11*, 2008 Exhibit Letter(AtoZl Exhibit REOUEST: APPLICANT / OWNER: REPRESENTATIVE: LOCATION: PROPERTY SIZE: WATER: SEWER: ACCESS: EXISTING ZONING: SURROTINDING ZONING: COMPREHENSIVE PLAN: PROPOSED DENSITY PC CR t0122108 Preliminary Plan review for Quicksilver Subdivision G.H. Daniels III & Gregory Hasenberg Tenill Knight, Ifuight Planning Services, Inc. Lots 2 and2A Grass Mesa Ranch 79.82 acres 3 permitted water wells ISDS Quicksilver Road ARRD ARRD Study Area III (Subdivision) 6.65 Acres / Dwelling Unit (includes 5 ADU's) PROJECT INFORMATION AND STAFF COMMENTS ).* x X jJX ts i !i-/ *,ttta,sr/€tIH 2?* Frf rsr..G'Pt$cI ilqlfrtr *,Lqlgfil iifi tu*te a.rr'84fi?C.Effilrtrl$a/f rear&t{r.EI.* lrf r..$*H:ara E-1 Lar +.B!,TTI Ef-lo.E+ra tl. , ry UETSI s=*E i! ,ffiL d t"h I cr [f lrr,m-:il t.ffit- ttt t{l ! ,rr.I .llLsrt t ./ t..frt r* +F , rffiwtf | .tJ|i4 "\ | {'t't{} ;^,ffi"!'r#'#(-- I-*-- ru{,at IJe-*f _-bE:"*,;/?._={-*o*J#ffi.. Hbto'{'#b+F,, r{":s li ,'itreB 'l 1InElHr.^t ll lt#-jjffi, tt.affi &alidrzll {.ffiiaU:rEIi , I Irut fi6 ffrr i Tffi*.r ttllri r +Ft--aL{.' l,Irr* J, S!lE: I IIu tF- (P r op os e d pr oj e ct I oy out) I. GENERAL PROJECT INFORMATION A. General Property Location / Description The subject property is located south of Rifle in the Grass Mesa Subdivision. More specifically the subject property is described as Lots 2 and 2A of the Grass Mesa Subdivision. A single family home currently exits on the proposed Lot 3. B. Proposal The Applicant requests approval of the Preliminary Plan subdividing 79.82 acres into seven (7) single-family residential lots. The Preliminary Plan also requests approval for an accessory dwelling unit on Lots 1, 4, 5, 6 md 7. Access will be provided to Lot 2 from existing private road Quicksilver Way. Lots 1 and 3-7 will be accessed from a proposed internal cul-de-sac. Proposed Development Designation Acreage Lotsl-7 Lots 1 & 4-7 79.82 Lot Size Breakdown Area 17.262 acres 10.528 acres 1 1.307 acres 10.011 acres 10.004 acres 10.021 acres 10.012 acres U. REFERRAL AGENCIES The Preliminary Plan Application was referred to the following agencies and County Departments for their review and comment. a. City of Rifle: No comments received b. Rifle Fire Protection District: No Comments Received c. RE-2 School District:No Comments Received d. Garfield County Road and Bridge Department: Exhibit H e. Garfield County Vegetation Manager: Exhibit L f. Colorado Department of Transportation: Exhibit M g. Colorado Division of Water Resources: Exhibit J h. GarCo Building and Planning Project Engineer: Exhibit I i. Colorado Geological Survey: Exhibit Kj. Bureau of Land Management: No Comments Received M. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area III, with the designation of "Subdivision" on the Proposed Land Use Districts Map. The proposed subdivision generally complies with the Comprehensive Plan. IV. APPLICABLE ZONING REGULATIONS The subject lot is located within the A/R/RD Zone District and is subject to all regulations found in Section 3.02 of the Zorung Resolution. A. Proposed Uses The Applicant is proposing to subdivide Lots 2 and 2A of the Grass Mesa Subdivision into 7 single-family residential lots with an Accessory Dwelling Unit on Lots 1 and 4-7. B. Common Dimensional Requirements proposed lots exceed the minimum lot size allowed in the ARRD Zone District. 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-hve (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 (ll2) the height of the principal building, whichever is greater. (Supplementary Re gulations) V. SUBDIVISION REGULATIONS A. Domestic Water The Applicant has provided three (3) well permits allowing the use of ground water for household purposes inside a total of twelve (12) dwelling units. The existing wells are augmented by a West Divide Water Conservancy District Contract. The application was referred to Colorado Division of Water Resources. Staff received a "No Material Injury" letter finding that the proposed water supply will not cause injury to existing water rights (Exhibit Q. Water quality samples were collected from "Hasenberg Well No. I and Daniels Well No. 2". Coliform was detected in Daniels Well No. 2. As required by Garfield County Subdivision Regulations of 1984, the Applicant will be required to submit a pump test and water quality analysis on each of the three (3) wells to serve the proposed subdivision. Waste Disposal Wastewater is to be handled by an Individual Sewage Disposal System (ISDS) on each lot. It will be the responsibility of each individual lot owner to install engineered ISDS. . Mineral Estate It appears the property's mineral estate has been severed and is owned or leased to another party. As a result, 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 notfully 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). " B. C. 6 E. D. Access G. Each Lot will have access via an existing private road system. Since access is provided to each lot via a private road Garfield County Driveway Permits will not be required. The Applicant will be required to conform to all requirements of the Grass Mesa Covenants regarding access. Access is provided to Grass Mesa Subdivision via Bureau of Land Management Right-of- Way. The Applicant's attorney, Christina Sloan has reviewed the existing BLM Easement and Grass Mesa Homeowner's Association private road easement. It is her opinion that the Applicant has legal access as required by Garfield County Subdivision Regulations of 1984, $a:60(C) and 9:31. The Bureau of Land Management provided no comments regarding the proposed subdivision. Traffic Generation The application included a Traffic Impact Study prepared by Kimley-Horn and Associates, Inc. In the study, fourteen (14) dwelling units were used to calculate the Average Daily Trips (ADT) of the proposed development. This count included the possibility of an Accessory Dwelling Unit on each lot to describe the impacts of the proposed development. After the completion of the study it was determined that only five (5) lots would have an ADU due to legal water constraints. The intersection of Grass Mesa Road and County Road 319 (Mamm Creek Road) is expected to continue to operate a Level of Service of "A" (A : average total delay seconds/vehicle <10). A long range projection at this intersection was not included in the Study. Staff referred the Application to Garfield County Road and Bridge Department (Road and Bridge) (Exhibit H). It is the Opinion of Road and Bridge that the proposed development will have a minimal impact on County Road 319. Declaration of Restrictions. Covenants and Subdivision Improvements Agreement Although the proposed development will be subject to the existing Grass Mesa Subdivision Covenants, the Applicant is required to create any necessary restrictions and covenants, including a homeowner's association, specific to the proposed development. The Restrictions and Covenants created by the Applicant shall include a reference that each lot is subject to the existing covenants enforced by the Grass Mesa Home Owners Association. The Applicant shall submit the covenants for review with the Final Plat application, including information from Grass Mesa Homeowner's Association conceming how the new lots will be included in that Homeowner's Association. The Applicant is required to create a Subdivision Improvements Agreement (SIA). Staff can provide the Applicant's attorney a sample form SIA upon request. Fire Protection A 1.061 acre feet fire protection pond is proposed encumbering a portion of Lots 5 and 7 as shown on the Preliminary Plan. A dry hydrant (design to be approved by Rifle Fire Protection District) will be installed to ensure year round accessibility to the water. A 1000 gallon water supply tank will be located on each lot. Staff recommends that Planning Commission include a recommended condition of approval requiring that the Applicants include this requirement in the Restrictive Covenants and as a plat note. 7 F. It will be the responsibility of the Quicksilver Court Homeowners Association to maintain the proposed fire protection pond and all associated equipment. 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"l :J lr ' .t. i' { I -il ,l 1"1 I H. Vegetation Management Staff forwarded the application to Garfield County Vegetation Management for review. (Exhibit L). The following comments were provided: Noxious Weeds o Inventory and mapping It is requested that the applicant inventory the property for County listed noxious weeds, and provide specific weed infestations on a map. o Weed Management Staff requests that the applicant provide a weed management plan for County listed noxious weeds. These are weeds that we would like to treat immediately when they are found. I request that the applicant provide for noxious weed treatment this fall, weather permitting and thus prevent seed production before any earth moving work is started. o Common area weed management Who will be responsible for weed management along the roadsides? o Covenants Weeds are not mentioned in the covenants. Staff requests specific language pertaining to County listed noxious weeds to inform landowners that it is their responsibility to comply with the County Weed Management Plan and the Colorado Noxious Weed Act. Revegetation o Please provide a map or information, prior to flrnal plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cuts, utility disturbances, and around the water tank. This information will help determine the amount of security that will be held for revegetation. o The applicant has provided a plant materials list. o The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the County Weed Management Plan. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. Soil Plan o The soil plan is acceptable. Staff has included recommended conditions of approval specific to the vegetation. 10 I. Assessment / Fees Traffic Impact Fees will be calculated at the time of Final Plat submittal. Individual Lot owners will be responsible for the remainder at the time of Building Permit Submiftal. Language regarding this requirement shall be included in the Restrictive Covenants. The proposed development is located in the RE-2 School District, which will require a standard impact fee of $200 per new lot. This fee shall be paid at Final Plat and included as a component of the Subdivision Improvement Agreement (SIA). The Rifle Fire District may require impact fees after review of the fire protection plan. J. Drainage Garfield County Building and Planning Staff engineer, reviewed the drainage plan provided by the Applicant (Exhibit 1). No comments were provided regarding the submiued drainage plan. VI. Suggested Finding 1. That proper public notice was provided as required for the hearing before the Planning Commission; 2. That the hearing before the Planning Commission was extensive and complete and that all interested parties were heard at that meeting; 3. The Application is in conformance with the Subdivision Regulations of Garfield County, of 1984, as amended and The Comprehensive Plan of 2000; 4. That for the above stated and other reason, the proposed Preliminary Plan is in the best interest of the health, safety and welfare of the citizens of Garfield County; VII. Staff Recommendation Staff recommends that the Planning Commission forward a recommendation of approval to the Board of County Commissioners with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners and Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The Applicant shall provide a pump test (minimum four hours) for each of the existing wells and an wdtten opinion from the qualified professional conducting the test regarding the adequacy of the wells to serve the proposed development including the requested Accessory Dwelling Units to be submitted with the Final Plat application; 3. The Applicant shall provide a water quality analysis for each of the existing wells demonstrating compliance with state guidelines regarding bacteria and nitrates to be submitted with the Final Plat application ; 11 4. The Applicant shall be responsible for 50% of the Traffic Impact Fees at the time of Final Plat (to be calculated after submittal of Final Plat Application); 5. The Applicant shall include language in the Restrictive Covenants regarding the future lot owner's Traffic Impact Fee responsibility required at the time of Building Permit submittal; 6. The Restrictive covenants shall include language demonstrating the homeowners obligation to construct a 1000 gallon water storage tank for the purpose of domestic water supply; 7. The Applicant shall provide a weed inventory of the subject property identifuing all County listed noxious weeds and a map of specific weed infestations at the time of Final Plat; 8. The Applicant shall provide a weed management plan for as identified in exhibit L; 9. A common weed management plan including responsibility of individual lot and roadside weed management shall be included in the Covenants and Restrictions; 10. The Applicant shall provide a map or information that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cuts, utility disturbances, and around the proposed pond at the time of Final Plat; 11. Based on the total disturbed area, vegetation security shall be determined by Garfield County Vegetation Management and submitted prior to obtaining Final Plat approval; 12. The following plat notes shall be included on the Final Plat: a) One (l) dog will be allowedfor each residentiol unit and the dog shall be required to be confined within the owner's property boundaries. b) No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (l) 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 exterior lighting will be the minimum amount necessory 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. d) Nofurther divisions of landwithin the Subdivisionwill be allowed. 12 e)Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of 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 omendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a I e gal and no n-ne gl i ge nt agr i cult ur al op er at i ons. All owners of land, whether ranch or residence, have obligotions under State lqw 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 qbout 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 Rurql Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. Based on the analysis of the sub-soils on the property, Individual Sewage Disposal System and foundation designs are required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans shall be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner. All streets are dedicated to the public but all streets will be constructed to standards consistent with Section 9:35 of the Subdivision regulation of 1984, as amended and repair and maintenance shall be the responsibility of the Homeowners Association of the subdivision. The mineral rights sssociated with this property have been partially severed and are not fully intact or transferred with the surfoce estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). Accessory Dwelling Units shall be limited to 1,500 square feet and may not be conveyed into separate ownership. All lots are subject to the Declaration of Easements, Restrictions and Covenants for Gross Mesa Ranch. Water Quality Analysis conducted on the subject property have demonstrated unacceptable levels of Aluminum and lron, individual water treatment systems should be utilized. f) s) h) i) k) l3