HomeMy WebLinkAbout2.0 Staff Report 10.13.04Exhibits for Sketch Plan review of the Toland Estates Subdivision for Jim and Willa
Holgate
Planning andZoning Commission Public Hearing: October 13,2004
Garfield County Zoni of 1978, as amended
Garfield Count hensive Plan of 2000
Staff Memorandum
Review Memo: Garfield County Road &
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Toland Estates Sketch Plan
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Exhibit Letter
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Exhibit
A
B
C Application
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E
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PROJECT INFORMATION AND STAFF COMMENTS
Sketch Plan Review for Toland EstatesREOUEST:
APPLICANT & OWNER:
LOCATION & ACCESS:
WATER:
SEWER:
SIZE:
EXISTING ZONING:
Subdivision
Q{26-Qwen p'ivb'a private drive from County Road
(lZ)'6rV Hollow), Section 33, Township 65, Range-giw, of the 6th Principle Meridian, 6 miles south of
Silt
Existing Well, Ditch Irrigation
Individual ISDS
ffi@r, (2 - I0 acre and I -20 acre approximately)
Agricultural Residential Rural Density
i trY) -
I. DESCRIPTION OF THE PROPOSAL & SITE . 11T '
The Applicant proposes to fdbdi into three lots- for residential development
, An r'-- :- --^^^^^^l a:^-ranging in size fro m 2lots at 10.00 acres t The property is accessed from
(Dry Hollow) to the west along an access road known as Owen Drive that
ts all of the lots to the north of the property. The proposal area is gently sloping to the
northwestandisvegetatedwith.diWsparselycoveredwithotherupland
plants and grasses. There is a 20 foot electric easement along the north boundary of the
property, a 15 foot gas pipeline easement along the south boundary as well as a road
maintenance agreement amongst all residents on Owen Road. There are no lands within this
proposal which are known to contain floodplain.
II. REFERRALS
Staff referred the application to the following review agencies and departments for
general and/or specific commentary and/or review. The comments received have been
generally incorporated into this Memo:
Jim Hardcastle, Senior Planner
a. Garfield County Road & Bridge Department Exhibit G
III. STAFF COMMENTS
The following section presents an analysis of the proposed project regarding compliance
with provisions in the Comprehensive Plan, Zoning Resolution, and Subdivision
Regulations. These comments are intended to provide regulatory direction regarding the
development of the property as proposed. The Planning Commission will review the
application materials and this memorandum prepared by Staff and will provide comments
to the Applicant accordingly.
A. Comprehensive Plan
The property is located in Study Area II and is designated as "Prime Irrigated
in the sphere of influence of the City
The Applicant shall be required to demonstrate that the proposal conforms to
and is compatible with the Comprehensive Plan prior to approval of the
Preliminary Plat.
B. Zonine
3.02
3.02.0r
The property is located in the A/R/RD Agricultural Residential Rural Density
zone district which allows the proposed use. The Applicant shall be made
aware of the uses contemplated in that zone district as further described in
Section 3.O2 of the Zoning Resolution of 1978, as amended, as seen below.
A/R/RD - - AGRICULTURAL/RES IDENTIAL/R URAL DEN S ITY
Uses. bv rieht: Agricultural including farms, garden, greenhouse,
nrrrserll;rcfr'ild, rafich, small animal firm for'pr6duction"of poultry,
fish, fur-bearing or other small animals and customary accessory uses
including buildings for shelter or enclosure of persbns, animals or
property employed in any of the above uses, retail establishment for sale
of goods protessed from raw materials produced on the lot;
Guiding and outfitting, and park;
Single-family dwelling and customary accessory uses. (A. 86-09)
Accessory dwelling. unit approved.as a part.of a public hearing .ormeeting on a subdivision or subdivision exemption or guesthouse special
use approved after 7195 and meeting the standards in Section 5.03.02.
Uses. conditional: Aircraft landing strip, church, community buildings,
daynurlsily and school; group honi'e for the elderly. (A. 97-60)
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3.02.02
Outlying Residential with 2 acre minimum lot size". The property is located
(
3.02.03
3.02.04
3.02.05
3.02.06
3.02.07
3.02.08
Boarding or rooming houses, studio for conduct of arts and crafts, home
occupation, water irfrpoundments. (A. 86-09;87- I08)
crematonum, agncul
and veterinary clinic,
Uses. special: Airport utility, feedlot as principal use of the lot,
crematoiium. asricdlture-relati:d business. resbrts. kennel, ridine stable,Iture-relati:d business, resbrts,, riding stable,
and veterinary clinic, shooting range facility(A.98- 108);
Two-family dwelling. camper park, ski lift and trails; broadcasting-
studio, communication facility, corrections facility, storage, storage ol'
heavy equipment, golf coursi: driving range, golf practice range and
acce(sory t'aciliri6s,"commercial recre"ation"facility/phrk;(A. 97-60; 91-
I l2) Mass Transit Facility (added 2002-12)
Public gatherings; storage of oil and gas drilling equipment; Site for
extraction, processing, storage or material handling of natural resources;
utility lines, utility substations; recreational support facilities and guest
hous6. (A. 79-t 3/;80-64;80-t80: 80-313. 8l-f4s; s t-263'.84-78: 56-9;
86-84; 86- 106; 81-13;99-025)
Accessory dwelling unit meeting the standards in Section 5.03.02 for any
lot not created after a public hearing or meeting after I195.
Kennel
Minimum Lot Area: Two (2) acres; except as otherwise approved in afteroption(zoo:-tz)
Maximum Lot Coverage: Fifteen percent (157o).
Minimum Setback:
(l) Front yard: (a) arterial streets: seventy-five (75) feet from street
centerline oi fifty (50) feet from fronl 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;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feet from side lot line, or one-half (ll2) the
height of the principal building, whichever is greater.
Maximum Height of Buildings: Twenty-five (25) feet.
Additional Requirements: All uses shall be subject to the provisions
@ntary Regulations).
Staff Comment: At present, the lots as proposed comply with the
minimum Zonrng Regulations.
C. Subdivision
The Applicant should be aware of the requirements outlined in Sections 4:00
(Preliminary Plat),5:00 (Final Plat), and 9:00 (Design and Improvement
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Standards) of the Subdivision Regulations of 1984 regarding subdividing
property in Garfield County. Staff has outlined areas of concern for the
Applicant to consider during the preliminary plan and final plat portion of
subdivision in Garfield County.
Potable Water
Staff Comment: The Applicant proposes that all three lots will be
served by a current well and they are aware that a well sharing
agreement will need to be created as part of the final plat. The
Colorado Division of Water Resources has indicated on a well
permit application that the existing well is an exempt well that
"will be used for not more than three single family dwellings for
ordinary household purposes, fire protection. and irrigation of not
over one acre of home gardens and lawns".
The Applicant shall be aware of the requirements required at
preliminary plan for shared water systems as set out in Section
4:91 of the Subdivision Regulations:
4:91 A water supply plan, at the same scale as the Preliminary Plan, shall
provide the following information in graphic and/or writtenform:
In all instances, evidence that a water supply, sfficient 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;
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
s up p ly .fo r the s ubd iv is ion.
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
A.
B.
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C.
water system; and
2. Proposed method of financing the water system.
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 an
adequate legal water supply to serve the proposed development;
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 applicttnt, even if the applicant is not the
actual supplier of water.
Ultimately, the Applicant will need to prove that the proposed
water system is legal and physically adequate to serve the proposed
subdivision. In addition, Staff will refer the preliminary plan to the
Division of Water Resources during the Preliminary Plan Phase in
order to obtain an opinion from the State Engineer as to whether
there is material injury to decreed water rights.
In addition, because the applicant proposes a central water system, the following
design criteria (Section 9:50) shall be addressed as part of preliminary plan:
9:51 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 water and treatment and storage facilities shall be approved
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D.
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 Jloodplain, 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.
I
Staff Comment: The Applicant proposes that individual sewage
disposal systems (ISDS) for each lot will be adequate to serve the
wastewater needs of the three (3) lots within the subdivision. The
existing house on the property has an engineered system which
indicates the additional two lots may need similar systems to
adequately treat domestic sewage.
Applicant shall be aware of the requirements for preliminary plan
regarding ISDS in Section 4:92 and 9:61 of the Subdivision
Regulations:
4:92 A sanitary sewage disposal plan, at the same scale as the Preliminary
Plan, shall provide the following information in graphic and/or writtenform:
D. If no central sewage treatment works is proposed and individual
sewage disposal systems will be utilized, a description of sewage,
the disposal means, as well as evidence as the result of soil
percolation tests and produce excavations to determine maximum
seasonal ground water level and depth to bedrock shall be
provided. In addition:
1. Indicated by location on the plat;
2. Performed and signed by a registered professional
engineer licensed by the State of Colorado;
3. Adequate in number and location to meet requirements of
the Garfield County Individual Sewage Disposal
Requirements and the Colorado Department of Public
Health, Water Quality Control Commission; and
E. If individual sewage disposal systems are to be utilized, a proposed
management plctn for the operation and maintenance of on-site
systems shall be provided.
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9:61 Disposal by individual sewage disposal systems may be permitted,
provided lot sizes are consistent with the Garfield County Zoning Resolution.
Individual systems must have representative soil absrtrption tests performed by a
qualified engineer registered to perform such tests in the State of Colorado.
Staff Comment: Regarding the capacity of ISDS, the Applicant
should be aware of the size and type of limitations of ISDS on lots
of this size to minimize ground water contamination. Specifically,
the preliminary plan shall address the following sections of the
subdivision regulations :
Staff Comment: The property is accessed from County Road 331
to the east by the use of Owen Drive, a privately owned roadway
and is maintained by the homeowners association. There are no
internal roads in the subdivision.
Garfield County Road and Bridge Department is aware of the fact
that Owen Drive is an existing road and has been for several years.
With the increased traffic and the amount of drilling activity that
uses this road, the Road and Bridge Department requires that a stop
,. sign be installed on Owen Drive at the connection to Cr. 33 I tDry ,i Hollow Road). The stop sign and installation shall be as required in i
i. the MUTCH (Manuel on Uniform Traffic Control Devices). /
d. Fire Protection
Staff Comment: Section 9:70 of the
requires all subdivisions to address the
provisions as part of the preliminary plan:
Subdivision Regulations
following fire protection
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.
Staff Comment: Access to new buildings within the proposed
commercial subdivision should be constructed in accordance with
the Uniform Fire Code (UFC) 2003.
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.
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c. Road/Access
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/Floodplain Issues
4:80 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 writtenform:
Existing water courses and lakes;
Limits of tributary areas, where practical;
Computations of expected tributary flows; and
Design of drainage facilities to prevent storm waters in excess of
historic run-off from entering, damaging or being caried by
existing drainage facilities, and to prevent maior 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.
9:42 All drainage facilities shall be designed based on a twenty-five (25) year
frequency storm.
9:43 Were 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-
20live load.
f. Wildlife / Vegetation
Staff Comment: The Applicant will need to address impacts to
wildlife as required in Section 4:70(D) which requires the
Applicant to provide a "description of wildlife habitation,
including big game ranges based on the mapping practices of the
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A.
B.
C.
D.
r
Colorado Division of Wildlife."
As required in Section 4:70(C) of the Subdivision regulations, the
Applicant shall be required to provide a map and description of
plant associations following practices of the Natural Resource
Conservation Service and include a description of adapted
materials and the location of major tree masses.
Further, the Applicant shall provide a weed management and
revegetation plan in accordance with the county's weed
management requirements.
g. Geology /Soils
Staff Comment: Regarding geology, the preliminary plan
application shall contain the following as required in Section
4:70(A):
4:70(!r)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 sfficient 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;
Staff Comment: The soils in this area as presented in the
application and submitted by the applicant, are a combination of
Olney loam and Potts loam. Olney loam is a deep and well
drained soil with moderate percolation rates and low strength with
fill and where runoff is medium and the erosion hazard is
moderate. Potts loam which is a well drained soil on mesas and
benches formed from alluvium derived from sandstone shale and
basalt, and where runoff is medium and erosion hazard is high.
For more information please see the application materials that
explain these soils in greater detail.
h. Assessment / Fees
Staff Comment: The traffic impact fees are applied to residential
subdivisions that access to a county road. Regarding School Site
Acquisition fees, the property is located in the Garfield RE-2
School District. Normally, a fee of $200 is collected for each lot
created in a residential subdivision; however, this fee cannot be
collected for a commercial subdivision. Staff has determined that if
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residential units are constructed on any of these lots, this school
site acquisition fee would be required at the time of building
permit. It appears the only fees (as they relate to the county)
include land use application fees and building permit fees to be
paid at the time building permits are obtained for the individual
lots as they develop.
Impact Fees - If the Proposed subdivision is found to be in the
&nUi,r.e*rotection District, the development is subject to impact
fees adopted by the District for new residential lots. The Applicant
will be required to enter into an agreement with the district for the
payment of development impact fees. This payment is due prior to
the recording of the final plat. Fees are based upon the impact fees
adopted by the District at the time the agreement is executed.
Recommended Plat Notes/ Covenants
Staff Comment: Please be aware, the county requires the
Applicant place the following plat notes on the final plat and in
protective covenants:
"Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3'101, et seq.
l,andowners, 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-
ne gligent a gricultural operations. "
"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."
"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
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2.
3.
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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 ls "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in
Garfield County."
"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."
" One ( I ) dog will be allowed for each residential unit and the dog shall be
required to be confined within the owner's property boundaries."
Note to Applicant: The Sketch Plan comments shall be valid fbr a period not to exceed
one (1) year from the date of the Planning Commission review (valid until 10/13/05). If a
Preliminary Plan for the proposed subdivision is not presented to the Garfield County
Planning Commission by the date above, 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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4.
5.
il
GARFIELD COLINTY
Building & Planning Department
Review Agency Form
Date Sent: August 26,2004
Comments Due: September 17,2004
Name of application: Toland Estates
Sent to: Garfield Countv Road and Bridee Dept.
Garfield County requests your comment in review of this project. Please noti$, 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: Jim Hardcastle
109 8th Street, Suite 301
Glenwood Springs, CO 8i601
Fax: 970-3 84-3470
Phone: 970-945-8212
General Comments: Garfield County Road and Bridge Department is aware of the fact
that Owen Drive is an existing road and has been for several )zears. With the increased
traffic and the amount of drilling activit--r that uses this road we would ask that a stop sign
be installed on Owen Drive at the corurection to Cr. 331 (Dry Hollow Road). The stop
sign and installation shall be a reqgired in the MUTCH (Manuel on Uniform Traffrc
Control Devices.
Name of review agency:Garfield Countv Road and Bridse Dept
By:Jake B. Mall Date Auzust 31. 2004
Revised 3130100