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Home My WebLink About2.0 Staff Report PC 08.14.02PROJECT INFORMA'TION AND STAFF COMMENTS PC 8n4t02 MLB The Bond Subdivision Preliminary Plan Darel, Damon and Paige Bond A tract of land situated in portions of Section 25, T5S, R91W of the 6th PM; more practically described as a tract of land located approximately one (t) mile south of New Castle, offof County Road 245. The site consists of:1.00 acres. Town ofNew Castle ktdividual Sewage Disposal S>rstems:;(l SDS) County Road 245 A/R/RD REOUEST: OVNER: LOCA TION: SITE DATA: W ATER: SEWER: ACCESS: DOSTING ZONJNG: The subject property is located ir /Sirtrict A, Urban Area Influence for New Castle on the Garfield County Comprehensive Plan og+4f{,Management Districts Map. The Town of New Castle has been provided a copy of the proposed subdivision, but no comments have been received to date. lhereroeosod rlr-rrsiE nf fhe develnrtnart is eensietfft iiftl^ *re reeemrn€nd€d demsif ef fer n:-t-ict A, which alln'ffi fo, r uaxirrum ef serrsr (7) *u:/ac. tr. DESCRIPTION OF TIIE PROPOSAL Site Description: The property is located adjacent to the west side of the Elk Creek subdivision . The tract slopes from the northeast to the southwest, with slopes that are relatively gentle. The applicants each have a house on the proposed parcels. See the enclosed application. Project Description The applicants are proposing to subdivide the 4.009 acre tract into rwo (2) lots of 2.005 and 2.004 acres each. Water is provided by ttre Towrl of New Castle water system. Each of ttre existing dwelljngs has B. ,Aai { ft,,( ,(r.lrn't' &aPlt slApnColt*t 7_ fi.!ff.'tfft,Eiirqffitr: m or New uasue water system. tracn oI me exlsung oweltmgs nasi an ?.1f,t ?ffiu zpd H' G/1/ %''/' hft'[t''Etk l' 6-L.6. ry. individual sewage disposal system. Access is via private access easement off of CR245. Itr. REVIEW AGENCY COMMENTS A. Colorado Division of Water Resources:_The Division did not have a report filed by the Town of New Castle documenting the amount of water that can be supplied, thus they cannot commort ron the potential for material injury to existing water rights. (See letter pg. Q ) B. Division of Wildlife: The DOW did not feel there would be any impact to the wildlife giu* tt. r-all size of the proposed subdivision. (See t"nopg. 7 I STAFF COMMENTS A. Zonng: The subject property is zoned A/RIRD, which requires a minimum of trno (2) acres for a lot. Each of the proposed lots meets the minimum lot size for the zone district. B. Water Supply: Water is supplied via a water line from the Town of New Castle. A letter from the Town Clerk indicates that water service is available to each of the lots. Both lots are being served by the Town presently. The Division of Water Resources did not make a determination of no material injury since there is no information in the application regarding the Town's capability to serve. Normally, this would be a basis for denial by the County. Since the Town is already serving the houses on the property. A letter from the Town veriffing the actual service to the existing houses prior to the Board of County Commissioners approval of the Preliminary Plan should resolve the issue. C. Roads: Access is to be via a common access point off of a gravel road that @mes off of CR 245, along the south property line of both properties. A common drive off of the gravel road provides access to each lot. Section a:60 (C) of the Subdivision Regulations states, "Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado states lau/'. D. Waste Disposal: krdividual Sewage Disposal Systans (ISDS) are serving each of the existing dwellings. E. Soils/Geology: There are a number of soiVgeology issues present on the subject property including steep slopes, slow permeability, high clay content and shrink-swell potential Normally staff would recorlmend further investigation of the suitability of the property for residential developme,nt, but given that there are existing residences on the property this seems unnecessary. Staff would suggest a plat note stating that there are serious soils limitations on the properfy and any future development may need to have professional engineer design." 2 F. Fire Protection: There was no response form the Burning Mountain Fire Protection District, but the Town of New Castle water system is nearby G. Vegetation: Existing vegetation will not be reduced since the existing houses have alreadyremoved the vegetation to be removed during construction H. Drainage Plan: Storm water runoffwill collect at an existing culvert under the driveway of the new home. The culvert is adequate to pass the 100-year flow. The dete,ntion provided by the driveway ernbankment and the location of the culvert at the historic flow location provides for no increase in historic runoff rates and no change in drainage patterns. I Wildlife: As discussed above, the Division of Wildlife did not identify any wildlife impacts. J. Radiation: There are no identified radiation hazards. K. School Fees: School fees in the amount of $200.00 must be paid as a condition of any Final Plat approval. L. Road Impact Fees Since the subject parcel is located in Traffic Study Area4,which has a $104 per ADT. Based on the analysis provided by the applicant, $993.20 less discounts included in the calculation formula will be due at Final Plat. Normally, only half would have to be paid at Final Plat and the other half at building pernit. Since there are existing structures on the property, the full amount is due. V. SUGGESTED FINDINGS: 1. The proper publication and pubic notice and posting were provided by law for the hearing before the Planning Commission. 2. The hearing before the Planning Commission 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 proposed Subdivision can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has fully met the requirements of the Garfield County Subdivision Regulations of 1984, Section 4:00 PreliminaryPlan. VI. RECOMMENDATION: Staff recommends APPROVAL of the proposed subdivision with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Planning Commission, shall be considered conditions of approval. 2. As per Section 4:34 of the Subdivision Regulations, Preliminary Plan approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. 3. Prior to approval of the Board of County Commissioners, a letter from the Town of New Castle verifring that both lots are presently senred by the Town water system. 4. Required Plat notes: "One dog will be allowed for each residential unit and the dog shall be required to be confined within the owner s property boundaries." o'No open hearth solid-fuel fireplaces will be allowed anywhere within an exernption. One (1) new solid-fuel burning stove as defined by C.RS. 25-7-401, et. sec., 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 exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." "Colorado is a "Right-to-Farm'o State pursuant to C.RS. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agriculttral 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 part of a legal and non-negligent agricultural operations." "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 inkoductory source of information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." School site acquisition fees in the amount of $200.00 must be paid prior to Final Plat approval. 5. 7. OFTICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 81B Denver, Colorado 80203 Phone (303) 866-3s81 FAX (303) 866-3s89 www.water.state.co. us STA|E OF COLORADO RECEIVED AU6 0'i 7il|l7 GARFIELD COUNTY zutiotttc & PLANNiNG July 26,2002 Mark Bean Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Bond Subdivision Preliminary Plan NW% Section 25, T57S, R91W,6TH PM W. Division 5, W. District 39 Dear Mr. Bean: We have reviewed the above referenced proposal to subdivide a parcel of 4 acres into 2 lots, with one single family dwelling on each lot. No water use estimates were provided. Water is to be provided by the Town of Newcastle. Sewage disposal is to be through individual systems. Pursuant to CRS 30-28-136(lXhXll), a municipality or quasi-municipality is required to file a report with the county and the State Engineer documenting the amount of water which €n be supplied to the proposed development without causing injury to existing water rights. A report of this nature was not included. See the attached Guidelines for Subdivision Water Supplv Plan Reports for the necessary information. Since insufficient information was provided, we cannot comment on the potentialfor injury to existing water rights under the provisions of CRS 30-28-136(1)(h)(ll). lf you or the applicant has any questions concerning this matter, please contact Craig Lis at this office. Sincerely, Creg E. Walcher Executive Director Hal D. Simpson, PE. State Engineer Bill Owens Covernor /&P2U Kenneth W. Knox Assistant State Engineer KruKCMUBond.doc cc: Alan Martellaro, Division Engineer James R. Lemon, Water Commissioner, District 39 Rug 07 OA O1:O2p Bnian Gratl STAIEOFCq-ORADO BllOnttg'Gotnrnor DEIPARITiEIIII OF ilAN,NAL RESOT,RCES (s70 I 625-8009 p.3 ForWildfrfr ForP4lc DIVISION OF WILDLIFE Ail EOT'AL EFORTIi'ITY EIFLOYER RrdG.ctge Di*ffil&o*lry Ebrtr.Oobrdo &lE T*Dlroir: (gr2$7-1le Atrgust 6,2N2 MrtBetn Cilfi€lt Coumy Ithaiqg Dcprrtucitt 109 8t het, Suite303 Crlilmod Spdngs, CO 81601 RE: Bold Subdivisim \ mdimtoery llu Dmliltk: I hn o hrd tb oppoftrnity to rwfoiw the ldcrrrl doqments for Ob cubdividm. Iluc to fte rdttn/cly m[ izeofite sbdivifu rnditsproxiuitytoexishg develop,neng iryrctstowildfftuillbc mi,nimal Tho mitigrtion stot€m€ots in ttc refrral docummt thrt pertain to ufldlife seemto od€$utdy rddress tte impact emeEms for tre $bdivisfon. Thrnk pu for the opportnftV to oomcnt on lmd use isnreo in Cnrfiets C,offy. Ifyou hntc rny qucctkns, pler* sutact Dc. Shceretv-ft4 Di*rict Wimifc Mmrgc DEPAEIffiNT OF I{AnnAL RESOLRCES, Glq E llllldts, EmlipDtccU U|'II,.FECOilUXTN, Rcl Eirlon CEo RobltShornric,Vlcc.Clt* olffinr Rftpodot Slcrry llentcu. Bit d hdr rTom BrboJcfrcyCurftrd r PlIpJulro fu Fh+. o Oipr,/Ss El€ncb Ua$lr, Qtf E UlHrr rd DarArria HUE 30 Oa Ol:OZp Jameg H. Slappeg st70-s84-s61s JAI\4ES H. SLAPPEY 2W7 COI.]NTY ROAD 245 NEW CASTLE, CO 81647 August 3A,20{Jlz Board of County Cormissioners Garfield Courty Co lorado Garfi eld Courty Courthouse 109 8e Sft€q suite 300 Glenyood ryrturyq CO 81601 Re: Darmn, Paige, & Darrell Bond subdivision application Dear Sir: Please be informed that James H- and Brenda c. Slappey $pport the srbdivision application of the Bond* Please call should you have any questions. Sincerely, tr*-/11- fu'r.-t- James H, Slappey Brcrda C. Shppey cc: Bonds p.1 racorvlo J!:'o'ow "rtolv6i"r?fim