HomeMy WebLinkAbout2.0 PC Staff Report 06.09.2004PC 06/09/04
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST A request for review of a Sketch Plan for a five (5)
lot subdivision on thirty-six (36) acres.
OWNER (APPLICANT) Terri Patrick
ENGINEER High Country Engineering
LOCATION Parcel lies between Rifle and Silt, north of I-70, at
the end of CR 259.
WATER
SEWER
ACCESS
EXISTING ZONING
ADJACENT ZONING
ARRD
Individual wells for each lot.
Individual sewage disposal systems (ISDS)
Private Access Easement from CR 259 (Jewell Lane)
ARRD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of 2000, this site lies in Study Area II
and is designated as outlying residential which assumes the 2 acres per dwelling unit density.
The property is not located in the urban area of influence for Silt or Rifle.
II. PROJECT INFORMATION
A. Site Description: The site lies at the toe of the hogback and consists of rolling pasture land.
Existing vegetation includes mature cottonwood trees, sagebrush, and grasses. A stock pond
also exists on the site (location is not shown on plan). The site possesses a 180 degree view
of the Bookcliffs and Colorado River valley. The property is served by a 14' wide gravel
road which extends from the end of County Road 259 along the eastern boundary of the
property. The Farmer's Irrigation Ditch runs through a large portion of the property.
Agricultural and residential uses surround the site.
B. Development Proposal: The Applicant proposes to divide the 36 -acre parcel into 5
residential lots. Each lot will contain a single family home and 3 of the lots are proposed to
also allow an accessory dwelling unit for a total of 8 dwelling units. All lots are between six
(6) and nine (9) acres in size.
III. STAFF COMMENTS
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A. Zoning: A single family dwelling is a use by right in the A/R/RD zone district. The applicant
should be aware of the following A/R/RD zone standards:
Minimum Lot Area: Two (2) acres
Maximum Lot Coverage: Fifteen percent (15%)
Minimum Setback:
(1) 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;
(2) Rear yard: Twenty-five (25) feet from rear lot line;
(3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) 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 under Section 5
(Supplementary Regulations)
B. Subdivision: The lot design appears to generally meet the standards set forth in the
Subdivision Regulations. However, the sketch plan lacks detail concerning existing features
and improvements on the site. This information will need to be shown on the preliminary
plan. The plan also does not indicate where CR 259 and CR 259a terminate. Some
applicable general site standards (from section 9:00 of the Subdivision regulations) which the
applicant should be aware of are as follows:
9:12 Land subject to identified natural hazards, such as falling rock, land slides, snow
slides, mud flows, radiation, flooding or high water tables, shall not be platted for any use
other than open space or an uninhabitable portion of a lot over two (2) acres, unless
mitigation is proposed by a Colorado registered professional engineer qualified to do such
design.
9:13: Development plans shall preserve, to the maximum extent possible, natural features
such as unusual rock formations, lakes, rivers, streams and trees. Where appropriate, the
subdivider may be required to dedicate lands to lot owners to preserve these features. In no
case shall lots be designed such that a dwelling unit will be located closer than thirty feet
(30) to a live stream, lake or pond, regardless of the fact that floodplain regulations may
allow dwelling units located closer in some instances.
C. Soils /Topography /Radiation: Soils on the site are identified as Kim and Potts Loam which
are deep, well -drained, moderately sloping soils. Permeability is moderate and available
water capacity is high. On the Kim Loam surface runoff is slow and the erosion hazard is
moderate. On the Potts Loam surface runoff is medium and the erosion hazard is severe. On
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the Kim Loam, low strength and steep slopes are the main limitation to community
development. On the Potts Loam the limitations are low strength, shrink -swell potential, and
slope. Dwellin_s and roads can be desi:ned to overcome these limitations with en_ineered
foundations and septic systems. The gamma radiation survey conducted by HP Geotech
resulted in the conclusion that no mitigation of radiation should be required.
D. Roads /Access: The sketch plan proposes to make use of an existing thirty (30) foot wide
access easement to CR 259. The subdivision must comply with the applicable road standards
(Section 9:35 of the Subdivision Regulations). The road servicing the 5 lots must meet the
"semi -primitive" standard. This standard calls for a minimum 40 foot right of way with each
a`ne atat least 8 feet in width with a chip & seal or gravel surface, a maximum grade of 10%
percent, a shoulder width of 2 feet, and a ditch width of 4 feet.
The design of the roadway includes a long dead-end cul-de-sac of approximately 1,500 linear
feet which exceeds the 600 foot maximum length in the subdivision regulations. However,
the design proposes an emergency loop along the cul-de-sac that would provide some
alternative aggress / access. Technically, this design meets the design requirements for cul-
de-sacs, in that, (Section 9:33 (A)) The Board may approve longer cul-de-sacs for
topographical reasons and it can be proved that fire protection and emergency egress and
access is provided as a part of the longer design.
It appears the access easement also serves other properties and therefore the Applicant does
not have sole ownership of the access easement serving the subject property. It also appears
that the easement may partially lie on adjacent parcels. Since the current access easement is
held by neighboring properties it will be necessary for the applicant to obtain permission
from the easement holders to change the use of the easement and to make it a publicly
dedicated right of way. Evidence of such must be included in the preliminary plan
application.
9:34 All streets are dedicated to the public but all streets will be constructed to standards
consistent with these Regulations and repair and maintenance shall be the responsibility
of the incorporated Homeowners Association of the subdivision.
The proposed design includes an emergency access road that cuts through Lots 1- 3. While
this access loop will provide an alternate route to some of the lots if an event occurs between
Lots 1 and 3, Staff is curious to the nature of the access easement that continues past the cul-
de-sac end. If this road continues out to a public road, it appears the emergency access loop
would not be needed.
E. Fire Protection: The site is located in the Rifle Fire Protection District (RFPD). The
application does not address how fire will be mitigated. Sections 9:51 and 9:70 of the
Subdivision regulations require that all subdivisions have adequate fire protection in
accordance with recognized and customary engineering standards. Staffs suggest the
Applicant meet with the RFPD and include a fire mitigation plan in the preliminary plan
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application.
F. Water: The application states that individual wells will supply domestic water to each
residential lot. The application included an analysis of both the physical and legal nature of
the water proposed for the subdivision conducted by Zancanella & Associates.
Regarding legal supply, according to the analysis, it appears the subdivision will divert an
average of 4.75 AF annually and consumptively use 1.55 AF with transit losses included. A
well, the "Silt Heights Well", was drilled under a domestic well permit approved by the state.
4 The Applicant obtained a substitute supply plan from West Divide Water Conservancy
District Contract for the 1.55 AF needed to supply legal water to the subdivision.
Regarding physical water supply, a well was drilled and pump tested at varying rates
between 1.7 and 7.5 gpm. As a result, the analysis concluded that "this amount, with water
storage to handle peak demands, should be adequate to serve one lot. It may be necessary to
limit irrigation withdrawals during extended droughty periods. We suggest that an alternate
outside irrigation source be developed."
Regarding water quality, the analysis reported that the water from the well was tested and
found to have a poor quality, in that, it exceeded the maximum contaminant level for
selenium turbidity, sodium, chloride, sulfate, total dissolved solids, iron, and fluoride. The
analysis states that "treatment of the water will be necessary prior to human consumption."
Treatment could be achieved by a Reverse Osmosis (RO) type system. This system will also
further impact well and septic system due to excess demand.
Regarding irrigation water, the report only indicates that water will be diverted to irrigate up
to 2,500 square feet of lawn and other equivalent outside uses. Staff assumes this water is
proposed to be supplied from the wells and not from the Farmer's Ditch that traverses the
property.
Last and most importantly, the Applicant proposes that individual lot owners will be
responsible for well drilling, water treatment and maintenance. This is unacceptable. Proof of
a legal and physical water is required to be provided for each lot prior to final plat. The
Applicant / developer cannot pass on this responsibility to future lot purchasers based on a
theoretical water supply. As is always required by Garfield County, the Applicant / developer
shall demonstrate the following for all physical water supplies proposed in a subdivision:
(1) That a four (4) hour pump test be performed on the well to be used;
(2) A well completion report demonstrating the depth of the well, the characteristics of
the aquifer and the static water level;
(3) The results of the four (4) hour pump test indicating the pumping rate in gallons
per minute and information showing drawdown and recharge;
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(4) 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;
(5) An assumption of an average of no less than 3.5 people per dwelling unit, using
100 gallons of water per person, per day;
(6) If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system
and who will be responsible for paying these costs and how assessments will be
made for these costs; and
(7) The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
The Applicant will also need to demonstrate how irrigation water is to be provided to
each lot in the subdivision both legal and physically.
G. Drainage: The application includes a basic drainage study that states that the development
will have minimal impact on drainages running through the property. Where possible,
driveways will follow existing topography. Where drainage crossings are required,
adequately sized culverts will be installed to convey the historical flows through the
property. The applicant should be aware of section 9:40 of the Subdivision Regulations and
include the appropriate level of detail required in the preliminary plan application.
H. Wastewater: Individual sewage disposal systems (ISDS) are proposed for each lot. The
applicant should be aware that the covenants must contain provisions for ISDS maintenance,
including a detailed maintenance plan. Close attention should be paid to the soils in the area
regarding the appropriateness of ISDS which will need to be engineered systems. A good
maintenance guide to reference can be found at the National Environmental Service Center at
http://www.nesc.wvu.edu/nsfc/nsfc_septicnews.htm
I. Wildlife/Wetlands: The application does not contain any discussion of wildlife impacts.
Staff encourages the applicant to work with the DOW and follow their recommendations.
J. Assessment / Fees: As determined by Section 9:80 of the Subdivision Regulations, the
applicant will be required to dedicate a portion of the gross land area for open space, parks,
or schools, or pay fees in lieu thereof ($200 per each newly created parcel). The property
owner should be aware that the current agricultural valuation status of the property will
change following subdivision (ie, their taxes will increase).
The property is located in Traffic Study Area 6 of the Capital Improvements Plan. The
Applicant can expect to pay about $210 per average daily trip for 8 units (which equates to a
total of 76.56 trips), minus the appropriate discounts. A general figure equates to $16,077.60
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of which $8,038.80 is due at final plat and the remainder half is paid as building permits are
pulled for each lot by the individual lot owners. These fees will be more accurately
determined at the time of final plat.
K. Other Utilities: Public Service is expected to provide natural gas and electricity. U.S. West is
expected to provide telephone service. According to regulations, all utilities must be buried.
L. Ditches and Easements: Easements shall be provided for all existing and proposed ditches.
If no described easement of record currently exists for any of the existing ditches, easements
shall be created and described on the preliminary plan. The Garfield County Vegetation
Manager has noted that irrigation ditches are common sources of weed infestations. The
weed management plan should address weed management along ditches.
M. Recommended Plat Notes and/or Covenants: The following plat notes should be included on
the preliminary plan and/or in the covenants:
(1) Indicate the maintenance responsibilities (as per the HOA) of the access roadway.
(2) All irrigation ditches and ditch easements are to be recognized and maintained as existing
and in place, in the usual manner.
(3) 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.
(4) 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.
(5) 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.
(6) No further divisions of land within the Subdivision will be allowed.
(7) 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,
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and pesticides, any one or more of which may naturally occur as a part of a legal and
non -negligent agricultural operations.
(8) 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.
N. Other The Applicant shall need to disclose any mineral interests of the property to the future
owners of the surface estate if needed as a plat note.
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 within this time period, 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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