HomeMy WebLinkAbout2.0 PC Staff Report 09.08.2004•
PC 9/8/04 - JH
PROJECT INFORMATION AND. STAFF COMMENTS
REQUEST: Sketch Plan of Overview Subdivision
APPLICANT & OWNER: Wayne Rudd
LOCATION: 8575 County Road 115
WATER: Well Water
SEWER: ISDS
SIZE: (48.52 acers 4 lots proposed)
EXISTING ZONING: A/R/RD
I. DESCRIPTION OF THE PROPOSAL & SITE
The Applicant proposes to subdivide 48.52 acres into 3 proposed single family lots and one
openspace lot. The property is located on County Road 115. The property proposes three (3)
main access points onto the property and drains generally to the south. There is relatively less
sloped area to the west and southwest with a rising geologic feature to the north central part of
the area to be divided as the openspace. There are a variety of soils ranging in quality of
composition, stability, percolation ability upon the moderate to gently sloping topography.
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:
Garfield County Road & Bridge Department (no Comments)
III. STAFF COMMENTS
The following section presents an analysis of the proposed project regarding compliance with
provisions in the Subdivision Regulations, Zoning Resolution, and Comprehensive Plan. 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
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The property is located in Study Area 1 and is designated as "Outlying Residential
with a 2 acre minimum per dwelling unit" land.
The Applicant shall be required to demonstrate that the proposal conforms to and is
compatible with the Comprehensive Plan.
B. Zoning
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 3.07 of the Zoning
Resolution of 1978, as amended, the Applicant shall consider the following as seen
below;.
3.02 A/R/RD -- AGRICULTURAL/RESIDENTIAL/RURAL DENSITY
3.02.01 Uses, by right:: Agricultural including farms, garden, greenhouse, nursery,
orchard, ranch, small animal farm for production of poultry, fish, fur -bearing or
other small animals and customary accessory uses including buildings for
shelter or enclosure of persons, animals or property employed in any of the
above uses, retail establishment for sale of goods processed 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 or meeting on a
subdivision or subdivision exemption or guesthouse special use approved after
7/95 and meeting the standards in Section 5.03.02.
3.02.02 Uses, conditional: Aircraft landing strip, church, community buildings, day
nursery and school; group home for the elderly. (A. 97-60)
Boarding or rooming houses, studio for conduct of arts and crafts, home
occupation, water impoundments. (A. 86-09;87-108)
3.02.03 Uses, special: Airport utility, feedlot as principal use of the lot, crematorium,
agriculture -related business, resorts, kennel, 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 of heavy
equipment, golf course driving range, golf practice range and accessory
facilities, commercial recreation facility/park; (A. 97-60; 97-112) Mass Transit
Facility (added 2002-12)
Public gatherings; storage of oil and gas drilling equipment; Site for extraction,
processing, storage or material handlingof natural resources; utility lines,
utility substations; recreational support cilities and guest house. (A. 79-132;
80-64; 80-180; 80-313, 81-145; 81-263; 84-78; 86-9; 86-84; 86-106; 87-73;
99-025)
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Accessory dwelling unit meeting the standards in Section 5.03.02 for any lot not
created after a public hearing or meeting after 7/95.
Kennel
3.02.04 Minimum Lot Area: Two (2) acres; except as otherwise approved in a Cluster
Option (2003-17)
3.02.05 Maximum Lot Coverage: Fifteen percent (15%).
3.02.06 Minimum Setback:
(1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline
orfifty (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.
3.02.07 Maximum Height of Buildings: Twenty-five (25) feet.
3.02.08 Additional Requirements: All uses shall be subject to the provisions under
Section 5 (Supplementary Regulations).
Staff Comment: At present, the lots as proposed comply with the minimum
Zoning Regulations.
C. Subdivision
The Applicant shall be aware of the requirements outlined in Sections 4:00, 5:00, and
9:00 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.
The Applicant shall consider the following;
a. Potable Water
Staff Comment: The Applicant proposes that each lot will be served by well
water.
4:91 A water supply plan, at the same scale as the Preliminary Plan, shall provide the
following information in graphic and/or written form:
A. In all instances, evidence that a water supply, sufficient in terms of
quality, quantity and dependability, shall be available to ensure an
adequate supply of water for the proposed subdivision. Such evidence
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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 supply
for the subdivision.
B. 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 water
system; and
2. Proposed method of financing the water system.
C. 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;
D. 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 applicant,
even if the applicant is not the actual supplier of water.
In addition, because the applicant proposes a central water system, the following design
criteria (Section 9:51) shall be addressed as part of preliminary plan:
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
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
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the end of the line.
9:54 Water supply stems, on -lot or otherwise located in a floodplain, 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.
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.
b. Waste Disposal
Staff Comment: The Applicant proposes individual sewage disposal systems
(ISDS) for each lot to serve the wastewater needs of the three (3) lots within the
subdivision.
The Applicant shall be aware of the requirements for the Preliminary plat Phase
of development regarding ISDS in Section 4:92 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 written form:
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 plan for the operation and maintenance of on-site systems shall
be provided.
Staff Comment: Various issues may present significant problems
regarding the use of individual sewage disposal systems ISDS.
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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 absorption tests performed by a qualified engineer registered to
perform such tests in the State of Colorado.
9:62 Central sewage treatment works shall be designed by a registered professional
engineer licensed by the State of Colorado. The system shall be designed, in
accordance with the standards established by the Colorado Department of
Health. Site location approval shall be obtained from the Colorado Water Quality
Control Commission for systems over two thousand (2,000) gallons per day. In no event
may a system be designed for less capacity than the anticipated maximum daily
sewage flow or treatment requirements.
c. Road/Access
Staff Comment: The property is located on County Road 115. The property
proposes three (3) main access points onto the property.
The Applicant shall be aware that Section 9:34 requires that all streets are to be
dedicated to the public and cannot be private unless approved as such through a
Planned Unit Development.
Staff referred the application to the Garfield County Road and Bridge Department
which responded with no concerns at this time
d. Fire Protection
Staff Comment: The property is located just outside of the Carbondale Fire
Protection District.
Section 9:70 of the Subdivision Regulations requires all subdivisions to address
the following fire protection provisions as part of the preliminary plan:
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.
9:72 Where a central water system has fire hydrants, all fire hydrants shall meet the
specifications for the appropriate fire protection agency, particularly with regard to
thread size on the fire hydrants.
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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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 written form:
A. Existing water courses and lakes;
B. Limits of tributary areas, where practical;
C. Computations of expected tributary flows; and
D. Design of drainage facilities to prevent storm waters in excess of historic
run-off from entering, damaging or being carried by existing drainage
facilities, and to prevent major 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 Where 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-20 live 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 Colorado Division of Wildlife."
As required in Section 4:570(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. It shall be noted that
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g.
any wetlands, and other significant ant sensitive ecosystems shall also be
identified, surveyed and mapped. Further, the Applicant shall provide a weed
management and revegetation plan in accordance with the county's weed
management requirements.
Geology /Soils
4:70(A)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 sufficient 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: Various issues may present significant problems regarding the
use of individual sewage disposal systems ISDS.
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 Roaring Fork RE -1 School District. Normally, a fee to be
determined 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 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 — Rifle Fire Protection District has cited the development is subject
to impact fees adopted by the District for new commercial 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.
i. Recommended Plat Notes/ Covenants
Staff Comment: Please be aware, the county requires the Applicant place the
following plat notes be included on the final plat and in protective covenants:
1. "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,
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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 -negligent
agricultural operations."
2. "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."
3. "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."
4. "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."
5. "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. "
Note to Applicant: The Sketch Plan comments shall be valid for a period not to exceed one (1)
year from the date of the Planning Commission review (valid until 9/8/05). 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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