HomeMy WebLinkAbout4.0 BOCC Staff Report 05.15.1995BOCC 5/15/95 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Cedars PUD Zone District Text and Platt Amendment and sketch plan APPLICANTS: Richard & Maty Jolley LOCATION: A parcel of land located in a portion of Section 25, T5S. R91W; located approximately one (1) mile north of the Town of New Castle. SITE DATA: 17.96 acres WATER: Town of New Castle SEWER: 1. S.D. S. ACCESS: County Road 245 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD, R-MHIG/UD L RELATIONSIIIPTO'I'IIE COMPREFIENSiVE PLAN The subject property is located in District A, New Castle Urban Area of Influence as shown on the Garfield County Comprehensive Plan Management Districts Map. 11. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is adjacent to the south side of the Elk Creek and Three Elk Run subdivisions. The property slopes from the north to south, with slopes in the lower third of the property adjacent to CR, 245 ranging in grade from 15% to over 40%. The upper section of the property has slopes that are gentler, with a range between 5% to 30%, and an average of l0% to 15%. The predominant vegetation is pinion and juniper trees, with wheatgrass and sagebrush the main ground cover. B. Project Description: It is proposed to create a PUD on the 17.96 acre site, which would allow 10 single-family lots ranging in size from 1.1 acres to 1.4 acres in size, with 4.5 acres of common open space. The lots will have water supplied by the Town of New Castle. Sewage will be treated by the use of individual sewage disposal systems. Access will be provided from Comity Road 245 via a 40 ft. wide access and utility easement that ends in a cul-de-sac with a 70 ft radius. The proposed design of the subdivision is shown on the attached blueline. C. Background: The applicants had previously submitted a sketch plan for the project which proposed a conventional subdivision of 8 single-family lots of approximately 2.5 acres each. Based on comments from the Planning Commission, the applicants have decreased lot size to approximately 1.1 to 1.4 acres per DU, and are requesting PUD zoning. Approximately 4.5 acres of the site is proposed as open space. • 1 III. MAJOR ISSUES AND CONCERNS A. Zoning: As a zone district amendment, a Planned Unit Development (PUD) is required to comply with Section 4.0 of the Garfield County Zoning Regulations: 1. To provide for necessary commercial, recreational, and educational facilities conveniently located to housing; To provide for well -located, clear, safe and pleasant industrial sites involving a nllninzum if strain on transportation facilities; 3. To insure that the provisions of the zoning laws which direct the uniform treatment of dwelling type, bulk, density, and open space within each zoning district will not be applied to the improvement of land by other than lot -by - lot development in a manlier which would distort the objectives of the zoning laws; 4. To encourage innovations in residential, commercial and industrial development and renewal so that the growing demands of the population may be greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings; 5. To encourage a more efficient use of land and of public services, or private services in lieu thereof and to reflect changes in the technology of land development so that the resulting economies may inure to the benefit of those who need homes; 6. To lessen the burden of traffic on streets and highways; 7. To conserve the value of the land; 8. To provide a procedure which can relate the type, design and layout of residential, commercial, and industrial development to the particular site, thereby encouraging preservations of the site 's natural characteristics; or 9. To encourage integrated planning in order to achieve the purposes and objectives of development. Staff comments on compliance of on each of the objectives are as follows: 1. Project Complies. The 25 percent PUD open space requirement does create adjacent passive recreation opportunities adjacent to the proposed units. The open space is directly adjacent to Lots 1, 3, 4 and 5. No proposed easements are shown on the sketch plan to provide access for Lots 2, 6, 7, 8, 9 and 10. 2. Not Applicable. 3. Not Applicable. 4. Project Complies. The proposed design would "cluster" the development to include the most easily developable portions of the project, and the areas under more significant topographic constraints are shown as open space. 5. Project Complies. One justification for reducing lot size was the provision for New Castle water, which allows for a minimum lot size of 1.0 acre and the use of ISDS. The project is more efficient (more dwelling units with disturbance of less land) than the original proposal, and includes 4.5 acres of open space. • • Project Complies. Although the project does generate additional traffic on CR 245, the project does provide housing in close proximity to New Castle, and within a reasonable commute to Glenwood Springs. 7 Project Complies. The project does not represent a type or intensity of development that would threaten or reduce adjacent property values, and may in fact enhance the market price of adjacent property. 8. Project Complies. The strongest attributes of the project include a density appropriate for the available services, the open space dedication of areas unsuitable for residential development, and proposed building envelopes that represent minimal visual impact to adjacent properties. 9. Project Complies. The project complies with all applicable PUD standards. B. Soils/Topography: Nicholas Lampiris, Ph.D., reviewed the site for geologic concerns. The site has soils with development limitations due to shrink -swell potential and steep slopes. He suggests that all lots should have a " soils investigation for proper foundation design" and that the soils engineer needs to address how close a foundation can be to steeper slopes. The SCS soils information indicated that there may be ISDS limitations due to soils and slopes. The applicant's geologist noted that there should not be any problems for ISD systems, except in areas of steep slopes (See report pages ). SGM has also provided additional information regarding the feasibility of ISDS on the site (see letter on pages ). C. Road/Access: The road is proposed to have some grades of up to 1 2%, which the applicant is requesting a variance to the requirements of the subdivision regulations. A roadway serving ten (10) lots is classified as a semi -primitive roadway and is required to have at a minimum of a 40 ft. ROW, with eight (8) ft. driving lanes and two (2) ft. shoulders and a gravel driving surface. The proposed roadway centerline is the common lot lines of the proposed lots. This roadway will have to be dedicated to the public for use, but it will be maintained by a homeowners association. The procedure for a grade variance is set up for Preliminary Plan, at which the applicant's engineer will have to demonstrate that the design variance is justified based on the criteria contained in Section 9:37 of the Garfield County Subdivision Regulations. Cul-de-sacs may be permitted, provided they are not over 600 ft. in length. The proposed cul-de-sac is approximately 1500 ft. long. 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." The applicant has a favorable recommendation from the Burning Mountain Fire District (see page ). D. Fire Protection: Favorable comment has been received from the Burning Mountain Fire Protection District. The Colorado State Forest Service noted some concerns about the Three Elk Run development, due to wild fire potential create by steep slopes. This property has similar vegetation profiles and topographic constraints as adjacent properties. At the time of Preliminary Plan, staff will refer the application to the State Forest Service for comments. Generally the State Forest Service feels wildfire problems can be minimized by following the recommendations for construction of homes contained in the CSFS publication "Wildfire Protection in the Wildland Urban Interface" and "Model Regulations for protecting People and Homes in Subdivisions and Developments". E. Proposed Zoning Text: The zoning text for the proposed PUD are attached on pages . The zone text treats the entire project was one zone district, allowing residential uses as a use by right, home occupation and day nursery as conditional uses, and a studio for the conduct of arts and crafts as a special use. • • Staff would suggest that the Open Space portion be zoned as "open space", to ensure that the property is not subsequently subdivided or sold as a separate parcel. In addition, the minimum lot area should be shown only as "one (1) acre" in the text. The reference to road standards is not necessary, due to the variance request. F. Comprehensive Plan Compliance: The project is in clear compliance with the following portions of the 1984 Comprehensive Plan: 1. Recreation and Open Space: Objective 2 which supports the creation of Open Space areas that will remain natural in perpetuity, particularly the transportation corridors between communities. 2. Water and Sewer Services: Objective 2 encourages development located adjacent to existing subdivisions or municipalities with available capacity in their central water and/or sewer services to become a part of the existing system. Policy 2 requires that areas where a logical and economic extension of sewer lines can occur enter into appropriate agreements to receive service. 3. Environment: Objective 1 discourages development of areas with severe environmental constraints. The proposed Open Space area is considered to have server constraints due to slope. E. Additional Agency Comments: 1. Division of Wildlife: The Division has reviewed the project, and is very supportive of the design changes since the previous sketch plan (see letter on page ). 2. Town ofNew Castle: The Town has approved the water taps for the project (see letter on page ). No other agencies have commented on the project. IV. SUGGESTED FINDINGS 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 3. That the application submitted met the requirements of Section 4.08.05 of the Garfield County Zoning Regulations of 1978, as amended. 4. That the PUD is general conformity with the 1984 Comprehensive Plan, and is consistent with the Purposes and Objectives (Section 4.02) and Standards and Requirements (Section 4.07) of the PUD Regulations. 5. That the Garfield County Planning Commission recommended approval of the proposed PUD, with conditions. V. STAFF RECOMMENDATION On May 10, 1995, the Planning Commission recommended approval of the proposed PUD (7-0), with the following conditions: 1. That all representations of the applicant are considered conditions of approval. • • 2. That the variance request for the road grade in excess of 12 percent shall be presented at the time of Preliminary Plan submittal. 3. That the zone text shall be modified to include the open space as a separate district, precluding any development or fiirther subdivision. 4. That the preliminary plan show an appropriate easement for access to the ditch for maintenance purposes. 5. That the covenants shall reflect wood burning restrictions identical to Aspen Glen and subsequent subdivision approvals. • Nicholas Lamiris, Ph.D. CONSULTING GEOLOGIST p/].BOX c SILT, COLORADO 81652 (303) 876-5400 (24 HOURS) March 21, 1995 Kent Jolley 1288 Co. Rd. 245 New Castle CO 81647 RE: Jolley Subdivision, Elk Creek Valley Dear Mr. Jolley: As per your request, I have comp1eted my geolnqic sL/by of the referenced prJperty. This is '� ~'p --are z� �|r �rr��eas� si�e of the Elk Creek Valley, ahnut orc mi1e northwrst of New Castic^ Garfield Count;, Colorado, T! -Ie sites are on the nearly flat I�rd at the top of a pinion covered bench along t:e county road' There are two irrigation ditches, one through the property and one just to the north of it. There are two significant gullies passing on either side of the property as shown, that will not affect the sites. There is onlv one lot not above the irrigation ditch through the parcel; therefore the remaininglots are not subject to the drainage concerns of a potential ditch problem. The site for Lot 1 is the exception but it is on a knoll which water cannot easily reach. The other sites are also or high, level ground but landscaping around the rear of the homes as protection from normal slope wash is recommended. The small swales through portions of the property should be avoided for tha actual construction of homes. The area is underlain by the Cretaceous age Mancos Shale, which typically has variable dids due to its incompetency as a structural bedrock unit. No evidence of subsidence could be seen` and the soils, consisting of sands and gravels. are excellent at all sites. This is typical of terrace deposits in excess of ten feet in thickness' as in this case' There is the potent�al for ��'c' �yorocom�ac��on ut ��rs� si�'`s so that s�'/� irvestio�� -�� -• - pro:pr ^o�'ncat�on �csign js soils engineer should address �.cw close to steeper portions of any given lot the foundation can be placed. • • Driveways to each new home are readily buildable from the existing driveway once it has reached the area of the homes from the County. Road. Some modification is planned to reduce the initial steepness of this access road by entering the property just to the north of the present entry. Water will be available from the adjoining subdivision, and waste disposal will be possible in the permeable soils of the bench for each lot but the steeper sections of the lots must be avoided for this use. The homes should be designed to. preclude the accumulation of radon gas. Please do not hesitate to contact me if there are further questions. Sincerely, AN Nicholas Lampiris Consulting Geologist _ } • • (303) 945-1004 SCI MUESER 410111111111111 ENGINE RS SU17VEYORS 118 West 6th, Suite 200 FAX (303) 945-5948 G01100/4 MEYER Glenwood Springs, CO 81601 March 27, 1995 Mr. Kent Jolley 532 Traver Trail Glenwood Springs, Co. 81601 RE: Jolley Subdivision, New Castle Sketch Plan, Utility and Drainage Report Dear Kent: This letter is intended to discuss the various utility provisions as well as drainage considerations for the Jolley Subdivision which is a proposed 10 unit residential PUD. This letter is intended to meet the submittal requirements of Section 4.08.05.(7).(e) of the Garfield County Land Use Code. This section of the code requires the statement by a licensed engineer providing evidence of the following: (i) The proposed water source adequate to serve the PUD (ii) The proposed method of sewage treatment (iii) The general manner in which the drainage will be handled (iv) The general manner in which provision will be made for any potential natural hazards in the area, such as avalanche areas, landslide areas, floodplain areas and unstable soils. The water for domestic use will be provided to each site by a community water system or water main extended from the existing main in County Road 245. The existing main is owned and maintained by the Town of New Castle. Prior correspondence from the Town of New Castle indicates the Town's intent to provide water service to this subdivision. Wastewater treatment for the subdivision will be treated individually for each lot with on-site Individual Sewage Disposal Systems. Based upon preliminary perc tests results, we anticipate that no unusual conditions exist that would prohibit the use of on-site sewage disposal systems. We anticipate that with the preliminary percolation rates being at 30 minutes per inch, the on-site systems would require standard construction outlined in the County Individual Sewage Disposal System Requirements. An area of 750 to 1000 square feet is anticipated also. There is no evidence of high ground water nor shallow depths to bedrock that we anticipate would require engineered Individual Sewage Disposal Systems. Obviously, the County requires (per State requirements) that a site specific percolation test be performed at the location of the proposed field installation when an individual unit or lot is developed. Electric service for this area is currently provided by Public Service Company of Colorado. There is an existing overhead line located along County Road 245 running parallel to the south property line of the project. Therefore, we anticipate tying into this line and extending service into the subdivision from County Road 245. Public Service Company of Colorado is also the natural gas supplier for this area. Again, they have an existing transmission line located in County Road 245 along the south property line of the project. Again, we anticipate extending service from County Road 245 into the project. U.S. West provides telephone service to residents in this area. Again, U.S. West has a main line located in County Road 245. We anticipate extending service from this main line into the project. • • March 27, 1994 Mr. Kent Jolly Page 2 Finally, TCI Cablevision provides cable television service to residents in this area. They have an overhead distribution line located along County Road 245 and we anticipate extending service from County Road 245 into the project. The project is intended to be served by a single 20 foot wide access, accessing from County Road 245 into the project ending at a cul-de-sac. The cul-de-sac will be of sufficient diameter to allow accessibility for emergency vehicles. This 20 foot wide access will be the only item that will provide an interruption to the existing drainage patterns. Generally, the patterns provide for sheet flow from a north to south direction across the site. The upper bench of the site consists of an intermixed disbursement of dense Juniper and Pinon with sage brush and native grasses. Along the south edge of the property and the west edge of the property, the slopes become steeper and will most likely be utilized as open space. Minor drainage paths are seen to traverse the site but do not constitute any major drainage flows. Drainage is intended to be controlled along the road with road side borrow ditches and with culverting as necessary. To the furthest extent possible, the natural drainage patterns will be accommodated. Along the upper (or off site) portion of the property, an irrigation ditch which serves Castle Valley Ranch exists to intercept drainage and direct it easterly of the property. Accordingly, along the southern portion of the upper bench, another drainage ditch which also serves Castle Valley Ranch traverses the site from west to east. Other than providing culverting to cross this irrigation ditch, no special features of construction will be required. At the intersection of the access road to the project and County Road 245, it is intended to direct drainage from the borrow ditches to the adjacent culverts already utilized by this property for transmission of runoff past County Road 245. At that point, all drainage will be re-established to its natural condition. Finally, no mapped floodplains exist on site nor is the site tributary to avalanche or landslide areas. We understand that you have rendered the services of a Geologist to further expand discussions on these natural hazards. Upon your receipt of this report, if you have any questions or comments, please don't hesitate to call. Sincerely, SCHMUESER GORDON MEYER, INC. i Je Simonson, P.E. JSS/ja90131 B SCIIMUESER GORDON MEYER, INC. Board Ross Talbott - Chairman WUUam Montover lean Mello Com Voight Gordon Wltzke • • Burning Mountains Fire Protection District Box 236 Silt, CO 81652 I)on Zordel - Chief Stu Cerise - Assist. Chief // /(J-7 , 2 Al -1 1 2-12"e )'-'e(,iL (-4.e �Iiej- I j C., d ,t1 5, �� , �-► ,2 A/ del , j1) P 0 %, 51)^ 1-L THF ('I 11 \I S I'1.:1,NNI•:Ir UNIT Ir YI(LMPM1•NT I?I•'(;I I I..1'I' I ONS To the extent. that spec•il•ic: provisions of the Garfield County Zoning Resolution and the Subdivision Regulations of Garfield County conflict with s t.andards con tri i ned in The Cedars Planned Unit Development as approved by the Iloarcl of County Commissioners, such zoning resolution and subdivision regulations shall not, he applicable and the provisions and standards contained in the approved The Cedars Planned len i t Development sha l I control. Ity Night: Single-family and customary including hn i I d i tir;r; for the shelter or encloc of animalssory s, or 1,ro11c1.1 y accessory I rr>;,• nl' the lot I'or sin);le- ram ily res ide nt i a I purposes and fences, hedges, ;es, gardens, wails and similar landscape features. Park and open space I I . lases condi l ionrtl : Day nursery, home occupation. III. els,,.;, Special: Studio for conclncl or arts and crafts. IV. M i r1 i mnm LOT :\lfl A: One Acre and as further provided ander Supplemental Regulations of the Garfield County Zoning Resolution. Mai: imrini Lot ('overage: Twenty peri:ent (20%) VI. Minimum Setbac:1: Prom( Yard: "I'wenly-five feel.(2J 5, ) from access easement Roar Yard: (Lot number's as shown on Pell) Master Plan) Lots 1,2,3 & 4 and Lots 9 K 10:) 'I'wcnt.y-feet (20' from rear lot line Lot.;; 5,(,7 & R Ten feel (10') f r•om rear lot Line fide Yard: Fifteen feel. from side lot line. l'I I . Ml\innuu Height of Itui Idii: s: 'Twenty-five feet 1'111. Ma.%imum Floor area Ratio: 0.200/1.0 and as further provided under Supplemental Regulations of the Garfield County Zoning Resolution. I.X. Frontage: Each lot in separate ownership shall have at least 1wenl.y-five feet. (25') of frontage on the forty root dedicated 4cr.ess easenrerl t which provides access of all lots Lo County Road 215. s • nes i gii SI andar (Is;. (•u 1 -d(• ti;r(•: 1. M;(\ianun 1.4'11 11(: 9. 1 , 50O feet linimum 1(oad Surface Ou Lside lZadius 64 feet 13. IIIm C1•ad1r: T4 '1 per COI ( I0%) wi 1.1, twe.lt'e percent ( 12'X,) grnd(.s, ;(I lowed for diHI tf •('s ()I' 1101. more Phan IWo h(iu(Ir(:d fool. (200' ) when s(.lraraLed I•r•om other 12% grades h.V'_'0O feel. and loctIed in straight. sections of road. I'm! I v(' Iwrcenf (12Z) ) q;r•nd(:s are 1.0 he n L i 1 i zed to reduce the road grades i n hor i zonl a 1. rond curves of less than 200 f((>I rndiu:;. ('. Mini mum ('i(r•ve Had i u:;: On(' curve n1 1 he entrance t.0 11(. si1r sl(r(1I he r( miaimuni () I' forty fool. (40') rad i us. &111 ol her ut•Ves slut 11 meter. 1lt ( tr1,ieId county non(' 11(:s i gn SI anda r•ds . • • w i y j A- TOWN OF NEW CASTLE 4.10 "Burning Mountain" 1888 March 27, 1995 Mr. Richard Jolley 1288 245 Road New Castle, CO 81647 Dear Mr. Jolley, Telephone (303) 984-2311 Box 90, New Castle, Colorado 8164; The Board of Trustees of the Town of New Castle have agreed to grant to you (2) two additional water taps from their newly constructed elk creek water system. The total approved number of water taps for your subdivision is ten (10) taps. All water taps will be required to pay water tap and recoupment fees to the Town of New Castle. All users on the system must conform to Town of New castle water use ordinances and operation and fee requirements. Sincerely_, Steve Rip p( O Mayor, Town of Now Castle 0 pruned on recycles} paper