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Home My WebLink About3.0 Staff Report BOCC 09.03.02Exlubits for Bond Subdivision Public Hearing held on September 3,2002 pffiffi fr fs.&jff ttffi itiiilfi.{itf.IRiffi t{ss.$}mffi H iiiffi ilmryriry1!.llg,rrr[{li$iiffiffi r$ffi.tliirffi ,, A Mail Receipts B Proof of Publication C Garfield County 7nnng, Regulations D Garfield Countv Cornprehensive Plan of 2000 E Garfield County Subdivision ReeulationsrProiect Information and Staff Cornments G Bond SuMivision Preliminary Plan *Application" tI Letter to Garfield Planning Dept. from Kenneth Knox of the Colorado Division of Water Resources dated Jwrc26,200.2 I Letter to Mark Bean from Brian Gray of the Colorado Division of Wildlife dated Ausust 6-2002 J Letter to Damon Bond from Steve Rippy, Town Administrator, Town ofNew Castle dated Aueust 21,2002 K L M N o P o R s T U v x Y Z 6(F PROJECT INFORMATION A}ID STAXT' COMMENTS BOCC 9103t02 MLB The Bond Subdivision Preliminary Plan Darrel, Darnon and Paige Bond A tract of land situated in portions of Section 25, T5S, RglW of the 6th PM; more practically described as a tract of land located approxirnately one (I) mile south ofNew Castle, offof Cowty Road 245. The site consists of:1.00 acres. TownofNew Castle Individual Sewage Dtsposal Systems (ISDS) Cormty Road 245 A/R/RD REOIIEST: O\MTIER: LOCA TION: SITE DATA: WATER: SEWER: ACCESS: E)ilSTrNG ZONJI$G: I. RELATIONSHIP TO TIIE COMPREHENSIVE PLANI The subject properly is located in the District A" Urban Area Influence for New Castle onthe Garfield County Corryrehensive Plan of 2000, Management Districts Map. The Town ofNew Castle has been provided a copy ofthe proposed suffiivision, but no comments have been received to date. The proposed denstly ofthe development is consistent withthe recommended densities for District A which allows for a maximum of seven (l)rd.u.lac. [. DESCRIPTION OF.THE PROPOSAL A. Site Descriptipn: The property is located adjacent to the west side ofthe Elk Creek suMivision. The tract slopes fromthe northeast to the southwest, with slopes that are relatively gentle. The applicants each have a house on the proposed parcels. See the enclosed appfication B. Project Description The applicants are proposing to suMivide the 4.009 acre tract into trvo (2) lots of 2.005 and 2.004 acres each" Water is provided by the Town ofNew Castle water system. Each of the existing dwellings has an individual sewage disposal system" Access is via private access easernent off ofCR 245. III. REVIEWAGENCY COMMENTS A. Cqlorado Division of Water Resources:-The Division did not have a report filed by the Town ofNew Castle docurnenting the arnount of water that can be zupplied, thus they cannot comrnent ojthe potential for material injury to existing water rights. (Exltibit H pgs. 0 t " B. Division of Wildli&: The DOW did not feelthere would be any impact tgf}a wildlife giventb small size ofthe proposed suMivision. (Extribit lpe. / ) ry. STAFF COMMENTS A. Zoning: The subject property is zoned AlRlRD, which requires a minimum of tw'o (2) acres for a lot. Each of the proposed lots meets the minimum lot size for the zone district. B. Watqr Suppl]r: Water is supplied via a water line from the Town ofNew Castle. A letter from tlre Town Clerk indicates that water service is available to each of the hts. Both lots are being served by the Town preserrtty. The Division of Water Resources did not rnake a determination of no material rqiury since there is no information in the apptication regarding the Town's capability to serve. Normally, this would be a basis for denial by the County. Since the Town is already serving tlre houses on the property. A leuer from the Town verirying the actual service to the existmglouses has been provided and slrould and should resolve the issue. (See E*ibit I W. .tl \ C. Roads: Access is to be via a comnron access point offof a gravel road that comes offof CR245, along the south property line of both properties. A cormn drive offof 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 acc,ess to a public right-of-way, as required by Colorado states hul'. Waste Dispqsal: Individual Sewage Disposal Systems (ISDS) are serving each of the existing dwellings. Soils/Seology: There are a number of soiVgeology issues present on the zubject properly including steep slopes, slow permeability, high clay content and shrink-swell potential Norrnally staff would reconrend further investigation of the suitability of the Property for residential development, 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 property and any future development may need to bave professional eugineer design' Fire Protpction: There was no reqponso form tle Burning Mountain Fire Protection District, but tle Town ofNew Castle water system is nearby Vegeta:tion: Existrng vegetation will not be reduced since the existing houses have already removed the vegetationto be removed during construction Drainqge Plan: Storm water runoffwill collect at an existing culvert uqder the driveway of the new hore. The culvert is adequate to pass the 100-year flow. Ttre detention provided by tlre driveway embankment 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. Wildlifq As discussed above, the Division of Wildlife did not identify any wildlife iryacts. Radiation: There are no identified radiation hazards. School Fees: School fees in the amouut of $200.00 must be paid as a condition of any FinalPlat approval. Road Irryact Fees Since the zubject parcel is located in Trafrc Study Area 4 ,which has a $10a 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 ard the other balf at building pennit. Since there are existing strucfires onthe property, the full amount is due. V. SUGGESTED FINDINGS: l. The proper publication and pubic notice and posting were provided by law for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and corylete, that all pertirerrt frcts, rnatters and issues were submitted and that dl interested parties were heard at the hearing. D. E. F. G. H. J. K. L. 3. That the proposed Subdivision can be determined to be in the best interest of the healttu 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 Reguhtions of 1984, Section 4:00 Preliminary Plan. RECOMMENDATION: The Planning Commission reconrmended APPROVAL of the proposed subdivision with the following conditions: l. That all representations of the applicant, either within the application or stated at the meeting before the Planning CormnissiorU shall be considered conditions of approval 2. As per Section 4:34 of the Subdivision Regulations, Preliminary Plan approral shall be valid for a period not to exceed one (1) year from the date of Board approval or conditional approva[ unless an erdension of not more than one (1) year is granted by the Board prior to the expiration ofthe period of approval. 3. Prior to approval of the Board of County Comurissioners, a letter from the Town of New Castle verifying that both lots are presently served by the Town water systern 4. Required Plat notes: 'One dog will be allowed for each residential unit and the dog shall be required to be confined within the oumerls property boundaries." 'No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption OrE (l) new solid-fuel buming stove as defined by C.RS. 25-7401, et. sec., and the regulations promulgated thereunder, will be allowed in any dwelling unit. Atl dwelting units will be allowed an unrestricted number of natural gas buming stoves and appliances." "All exterior lighthg will be tbe minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the suMivision, except that provisions may be made to allow for safety llghttng that goes beyond the property bormdaries." 'Colorado is a "Right-to-Farrt" State prnsuant to C.RS. 35-3-101, et seq. Lardowners, residents and visitors must be prepared to accept the actMties, sights, sounds and smells of Garfield County's agricuttural operations as a nonnal and necessary aspect of living in a County with a strong rural ctraracter and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, 4 5. 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 ma! naturally occur as part of a legal and non-negligent agf icuhurat 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 ladonmers are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source of information is 'A Guide to Rrnal Living & Small Scale Agricuhure" put out by tfte Colorado, State University Extension Office in . / t )o,*d:;;ffL/ /,*rtr./,0*4, q r6/tro foaQo+rt' School fite acquisition fees in the amount of $200.00 must be paid prior to Final Plat approval. 6. Prior to Final Plat approval, a Road Inpact Fee of $993.20,1ess discounts in the formula must be paid. 7, Drlortcd'*z1 ry4-4a /*r/r, t./?r/- /'ffi'ry/r / € T-' (^rrt, , Zu Du 4O a:,/tr gFHCE Or THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room g1g Denver, Colorado 80203 Phone (303) 860-3581 FAX (303) 866-3s89 www.water.state.co. us Bill Owens Govemor Greg E. Walcher. Executive Director Hal D. Simpson, PE. State Engineer Mark Bean G^arfi-eld ^Co^unty Building and ptanning 109 8th St Ste 303 Glenwood Springs CO g1601 Re: Bond Subdivision preliminary plan NW% Section 25, TS7S, Rg1W,6TH pM W. Division S, W. District 39 Dear Mr. Bean: we have reviewed the above referenced proposal to subdivide a parcel of 4 acres into 2lots, with one single fllilv dwelling on each lot. No water use estimates were provided. water isto be provided by the Town of Newcastle. Sewage aisposai is to be through individual systems. Pursuant to CRS 30-28-136(lXhxll), a municipality or quasi-municipality is required to filea report with the county and the State Engineer documenting the amount oi *aie, which can be :^,i!{:?1,:.11"^rj:1,:::1*rfl:ryent wiihout.qugins iniurito existinj *ii"i ,iins. A report ofthis nature was not included. See the attached Reports for the necessary information. since insufficient information was provided, we cannot comment on the potentialforinjuy to existing water rights under the provisions of cRS 3o-2g-136(1)(hxll). lf you or theapplicant has any questions concerning this matter, pi""." contact craig Lis at this office. //-qp 2U STATE OF COLORADO RECEIVED AUti 0't,lfril'.) GARFIELD COUNTY zuILDING & PIAT{NING July 26,2002 Sincerely, Kenneth W. Knox Assistant State Engineer l(VVKCMUBond.doc cc: Alan Martellaro, DiVision Engineer James R. Lemon, Water Commissioner, District 39 -6- Rug O7 OA Oll02p Bn i an Gra:, STAIEOFG(LORADO Bl[ OnrnEr Gomrnor DGPARTTiEi]I OF IAN.IRAL RE8OI'RCEA ( 970 ) 625-8009 DIVISIoN OFWLDLIFE AiI ECIUAL EPORIUTOTr EIIPI.OYER RtrdQorgD.Di6r AO&.orany Drnr,Oobldo El6 Toldron.: (G)2t?-1lq! Augrrst 6,2W2 MiltBern &rfidrt Couuy Plmiag Drparmt 109 S $rect, Suite3O3 Gtatmod Sprin$, CO Sl6Ol RE: Bond Subdivisiu \hdininrry Hu Derrlilrrk: I hrvo hed thc opponrniry to rwiew the rdrr.l docnmms for thie $bdividm. Iluo to 6o rolatively son size ofthe sbdiviefon anditsproxiuiryto existitrg dwelopment, iryrctsto wiHtewilltc minimrl Tho mitigntioa stat€Ntr€ots in thc reforral doqrnmt thrt pertria to wildtrc seemto odoqudoly rtldress tte iryect cmccors for the srbdivision. Ilut you Sr tho oPpoftnity to somcrt on lmd uee issrcs itr Cnrfiets Cortry. Ifyou hrrc uy quostims, plEts sutrct Da $iocerchrE*^- "fic* uf Dicriot WildiE Mmlgc fARIUE[tfT OF inn RAL REIIOIRCES, Ba Evtildrr, lm/nrDtctbr Vll,ll'"FECO[ffESlCN, Scf ErnoilrffioRobrt$horl$cr,\lbc€h*olhtrrn*oOqlriSlc]ary llrn$rn Brttsd ffi oTom Bula o JcllcyCreltrd I Pllp Jrmc. H Fh*. e Olrpt/tdsEt0fcbUrnllr, et E YlHrrrdDmAmrt -1- ldminietation DePamot (970) e84-2311 Iar(970)98&2n6 Enaih mc@demrood.nc Iurn ofikrCastlc P.0. Bor 90 450tr.I&inSma Newcdtle C0 81647 August 23,2002 Mr. Damon Bond P.O. Box 127 Ner,v Castlc, CO I !547 RE: Water Service / Bond Subdivision Sirrcepcfy, REOETVED AU6 28 2002 GARFIELDCOU}fiYttrrtitc & Pulllsllo Dear Mr. Bond, The Town ofNew castle has provided water to the two residences within the Bond Subdivision m, tfre p*i r"r..ut years. The Town will continue to provide water and has sufficient water "up*ity to serve the Bond Subdivision in the future' If I can be of further assistance please feel free to call this office' ffi(# Town Administrat6r -k