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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 & - /rrrt rrl**( /Z?L-b * / lri 3oo d /aa6 \f,.v -/^z-?'/ fr'A**a &, /'*"iwa*? -- tr44* (2-"r*'/./<'^o.t fo'rzL-uza*- !* Toland Estates Sketch Plan I 0/l 3/05 Exhibit Letter (LtoZ\ Exhibit A B C Application D E ,r/^ PC t0n3t04 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) Toland Estates Sketch Plan l0/13/0-5 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 Toland Estates Sketch Plan l 0/ l 3/05 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. Toland Estates Sketch Plan I 0/ I 3/05 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 Toland Estates Sketch Plan I 0/r 3/05 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. Toland Estates Sketch Plan I 0/l 3/05 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. Toland Estates Sketch Plan I 0/ l 3/05 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 Toland Estates Sketch Plan t0113/05 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 Toland Estates Sketch Plan to/t3t05 1. 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 Toland Estates Sketch Plan l 0/1 3/05 2. 3. l0 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. Toland Estates Sketch Plan l0/13/0-5 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