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HomeMy WebLinkAbout3.0 PC Staff Report 12.13.2006)(AO oVA PC 12/13/06 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Sketch Plan: North Bell Ranch Subdivision APPLICANT / OWNER Nathan & Tammi Bell LOCATION PROPERTY SIZE Sl'1'E DATA WATER SEWER ACCESS EXISTING ZONING COMPREHENSIVE PLAN South 1/2 of Section 31, Township 5 South, Range 91 West (approximately 1 mile north of the Town of Silt on Silt Mesa) 35.23 acres 3 lots Well ISDS CR 261 (Groff Lane) & CR 233 (Silt Mesa Road) ARRD Outlying Residential (Town of Silt Urban Growth Boundary) • • I. GENERAL PROJECT INFORMATION The Applicant proposes to subdivide the subject 35 -acre tract into three lots where Lot 1 has 31.08 acres, Lot 2 has 2.11 acres, and Lots 3 has 2.04 acres. The property is presently being farmed / ranched with a significant irrigated hay field located on the western half of the property with an existing residence, an Accessory Dwelling Unit, and associated agricultural structures (barn and personal riding arena) being located on the eastern half of the property. The site plan is designed such that the existing residence and ADU will be located in Lot 2, a new residence would be located in Lot 3, and a new residence and ADU would be located on the much larger Lot 1 which also includes all of the existing ranching / farming activities and structures. [The satellite image on the cover of this memo clearly shows the property lying between the County roads, the irrigated hay field, riding arena, and existing single-family residence.] II. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in Study Area 2, within the 2 -mile area of urban influence, and Urban Growth Boundary of the Town of Silt. The County Comprehensive Plan map shows this area designated as "outlying residential" which allows for an average density of at least 2 acres per dwelling unit. This proposal in terms of use (residential / agricultural) and average density is compatible with the Comprehensive Plan and general character of the area. [This is illustrated in the map below which shows the property hashed inside a circle in the center of the map.] Because the County has an Intergovernmental Agreement (IGA) with the town of Silt, properties in the County that fall within the boundaries of the 2 -mile area of urban influence, and Urban Growth Boundary are reviewed with the Town's Comprehensive Plan designation rather than Garfield County' s Comprehensive Plan. In this case, Silt's Plan shows the property lying primarily in Rural / Agricultural Transition Residential with a small portion at the south end of the property in the Medium Density Residential designation along CR 233. Ultimately, the County's Subdivision regulations and the IGA require subdivision proposals to conform to and be compatible with the Town of Silt's Comprehensive Plan. These designations are described below from the 2005 Town of Silt's Comprehensive Plan: • A. Rural /Agricultural Transition Residential This is a transitional area intended to be used between urban development and agricultural areas on he rin: • i ' urban growth boundary. It allows a maximum averag • ensi o two dwell' er nd the dwellings should be located in sn a 'r lot ar; er areas of aglicu tura r open space as a buffer to agricultural Ian' s. t is similar to the agricu tur ervation district but with higher densities and allowing a broader range of use of the open space including agricultural or equestrian, community gardens, natural open space, parks, golf course, etc. The residential lot sizes may vary from 7,000 sq. ft. to 1/a acre lot sizes (22,000 sq. ft.) per home site. B. Medium Density Residential The medium density areas are the primary residential growth areas in the plan. Developments would be allowed a Maximum residential density of -t units per acre. A variety of site densities accommodation (Carious housing type within a proposed project will be encouraged in these areas. Densities in a development may range from three to eight dwellings per acre accommodating a mix of single-family dwellings, duplexes, town -homes, patio homes, and low density garden apartments. A variety of housing types and densities w be reuired in new subdivisions on parcels larger than two acres to ensure 1 0ivers's , � • . •: se throughout the community. However, there shall be no more than one multi family dwelling for each four single-family dwellings in any project in the medium density residential area (20%). Mobile homes are and manufactured homes are not allowed in medium density areas except as pre-existing, non -conforming uses. The proposed subdivision proposes an overall average density of 7 acres per dwelling unit (including the ADUs) which is well below the Town's suggested maximum density. Also, the Applicant has chosen the smallest lot size at 2 acres allowed by the underlying County ARRD zone district. The provision of ADUs offers an alternative housing type in that they are relatively smaller having a maximum FAR of 1,500 sq. ft. and they are to be rental units located within the UGB of the Town of Silt adding rental stock to a desperate housing shortage. Further the two proposed lots are clustered together on the western side of the property leaving the remaining 31 acres to be devoted to existing and very active ranching / agricultural uses. Based on the foregoing, Staff finds the proposed subdivision conforms to and is compatible with the Town of Silt's Comprehensive Plan. • • III. APPLICABLE ZONING REGULATIONS The following is an analysis of the proposed development with the required zoning regulations of the ARRD zone district. A. Proposed Uses in ARRD Zoning The Applicant proposes single-family residential development and agricultural uses on the three lots which are "uses by right" in the A/R/RD zone district and therefore consistent with the underlying zone district. For other uses, the Applicant should consult Section 3.02 of the Zoning Resolution. Note, the Application proposes an ADU on the larger Lot 1 which normally requires a Special Use Permit in the ARRD zone district; however, the subdivision process allows for the request to be made as a part of the Preliminary Plan so long as it is considered part of the density requirement and meets all zoning requirements. The Applicant states that the ADU on Lot 2 already exists; however, Staff could not find any Special Use Permit for that dwelling. The Applicant and Staff will need to explore this issue. [Also, note that a minimum of 4 acres is needed for an ADU. As a result, the ADU on Lot 2 could not occur because the proposed lot is only 2 acres.] B. Common Dimensional Requirements in ARRD Zoning a. Minimum Lot Size of 2 acres: The Applicant proposes the property be subdivided into three lots that satisfy the minimum lot size in the zoning. b. Maximum Lot Coverage: Fifteen percent (15%) c. Minimum Setback: ➢ 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; ➢ Rear yard: Twenty-five (25) feet from rear lot line; ➢ Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. d. Maximum Height of Buildings: Twenty-five (25) feet IV. APPLICABLE SUBDIVISION REGULATIONS The following section addresses common subdivision components that will need to be addressed as part of any Preliminary Plan and Final Plat submittal to the County. A. Domestic & Irrigation Water • An existing exempt well already serves the property. The Application states that each lot will have their own well augmented by the West Divide Water Conservancy District. In a subdivision as small as this, Staff recommends individual wells. The Applicant shall be aware that all subdivisions are required to also provide for irrigation water. Staff understands the property is presently served with significant irrigation water which will either need to be provided to each lot from raw water ditch rights or from the domestic water wells. Further, ADUs shall also be accounted for in the water allotments in the well permits and augmentation plans. The Applicant shall address and satisfy the following requirements in the Preliminary Plan Application. Section 4:91 of the Subdivision Regulations requires that 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 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. 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. Section 9:51 requires 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. 9:52 Individual wells may be used as the water supply, provided the applicant has submitted the required documentation to the appropriate water court, and the Colorado Division of Water Resources will approve well drilling permits for all lots within the development. B. Waste Disposal The application states that wastewater generated from the three new residential uses on Lots 1 and 3 are to be accommodated by ISDS. Lot 2 presently has an ISDS in place serving the existing dwellings. It appears the soils prevalent on the property are deep and well drained and suitable for ISDS. All local and State regulations shall be followed regarding any need for an engineered system. C. Roads / Access The property has frontage on four public county roads which include CR 233, CR 214, CR 261, and CR 228. The property presently uses a driveway of CR 233 to access the ranching / agricultural portions of the property and a driveway off of CR 261 for the existing residence and ADU. The Application proposes only one new driveway off of CR 261 for Lot 3. Staff suggests that the Applicant consider using the existing driveway serving Lot 1 to also be an internal driveway to lot 3 which would eliminate the need for a new driveway cut onto a county road 261 which would continue to reduce unnecessary turning movements onto the country road exacerbating the safety of traffic traveling CR 261. It appears the grade and route could easily beaccommodated through Lot 1 to Lot 3. This would be required to be designed as a "primitive residential" road (30 -foot ROW with one 12 -foot driving lane and having a gravel surface) which is dedicated to the County on the final plat. D. Fire Protection The property is located in the Burning Mountain Fire Protection District. As such the Applicant shall be required to address the following sections of the subdivision regulations in the Preliminary Plan application. 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. 9:73 Where there is no central water system available, a centrally located fire protection water tank shall be designed to meet the fire protection needs of the subdivision and be approved by the appropriate fire protection district. 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 The property topography undulates in a relatively gentle manner and contains a distinct drainage channel on the western portion of the property. It does not appear that drainage will be a significant issue during subdivision design. The Applicant will be required to address the following: 4:80 SUPPLEMENTAL INFORMATION: DRAINAGE PLAN 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. Floodplain The property does not contain any waterways that fall within a FEMA designated floodplain. • • G. Wildlife The Applicant shall be required to address the following at preliminary plan: 4:70(D) Wildlife - Description of wildlife habitation, including big game ranges based on the mapping practices of the Colorado Division of Wildlife. H. Soils / Geology The property's soils / geology I the area of the proposed home sites can be characterized by having the following types: 1) 34 Ildefonso stony loam, 25 to 45 percent slopes which indicates that community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads; and 2) 58 Potts-Ildefonso complex, 12 to 25 percent slopes which indicate steep slopes limit community development. Structures are needed to minimize gullying and erosion. The property does not contain any significant or steep slopes; however, excavation for home site development and ISDS installation might encounter large stones. Regardless, the Applicant shall be required to conduct a soils / geologic analysis prepared by a qualified engineer to provide information regarding the following: 4:70 SUPPLEMENTAL INFORMATION: GEOLOGY & SOILS Information on the following characteristics of the area proposed for subdivision shall be shown graphically and/or by reports, whatever is appropriate, for a complete description of existing conditions, and shall include: A. Geology - 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; I. Vegetation / Noxious Weed Management The Applicant shall be required to provide a noxious weed management plan to be approved by the County Vegetation Manager as well as provide a revegetation security prior to final plat to ensure that any required revegetation is established for any public improvements made in the subdivision. The Applicant shall also address the following section in the Subdivision Regulations: 4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND WILDLIFE Vegetation - Map and description of plant associations following practices of the Soil Conservation Service and including a description of adapted materials and the location of major tree masses. J. Mineral Estate It is unclear if the property's mineral estate has been severed and is owned or leased to another party. If so, the Applicant shall include 'a plat note on the final plat stating the following: "The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." K. Easements The Applicant will need to delineate, legally describe, and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all drainage easements, any shared water system easements (domestic wells and water storage tank), any storm -water drainage easements, and all internal roads (which will be dedicated to the public on the face of the final plat). L. Assessments / Development Impact Fees The property is located in Traffic Study Area 6 which requires a $210 per Average Daily Trip (ADT) fee be paid to the County in a traffic impact fee. This fee will be figured at the time of final plat. The Applicant could expect to pay an approximate fee of $10,049.00 of which 1/2 shall be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). The remaining half shall be divided among the lots to be paid at the time building permits are submitted to the County for individual lot development. [Note, ADUs are also included in this calculation.] The development is also located in the RE -2 School District. As such the developer is required to pay the appropriate School Site Acquisition Fee to be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). This fee is generally calculated as $200 per residential unit. M. Recommended Plat Notes / Covenants 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, 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. 6. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). V. SKETCH PLAN COMMENTS AND PRELIMINARY PLAN REVIEW 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 by that date, the Applicant will have to submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application.