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HomeMy WebLinkAbout5.0 PC Staff Report 05.15.1998• • PROJECT INFORMATION AND STAFF RECOMMENDATIONS PC 5/15/98 3rd REVISION REQUEST: Preliminary Plan review for the Hammes Subdivision application APPLICANT: Michael N. and Lenore L. Hammes ARCHITECTS: Muse Architects, Inc. ENGINEERS: High Country Engineering, Inc. GEOLOGIST: Hepworth-Pawlak Geotechnical, Inc. LOCATION: Approximately one (1) mile northwest of the intersection of County Road (CR) 100 with State Route (SR) 82. Approximately three and one half (3.5) miles northeast of the Town of Carbondale. SITE DATA: Section 24, Township 7 S, Range 88 W. A 44.5 acre tract to be subdivided into four (4) residential lots. WATER: SEWER: UTILITIES: ACCESS: EXISTING ZONING: On-site wells. One well currently exists on-site and is servicing the existing home. Two (2) of the newly created lots will share a well through an agreement while the third lot to be created will have its own well drilled. The site is located within the Basalt Water Conservancy District. Individual Sewage Disposal System (ISDS). An individual sewage disposal system currently exists on-site and is servicing the existing residence. Electricity service is provided to the site by Holy Cross Electric, and Telephone service is provided to the site by US West Communications. County Road 100 and a private access easement through the property situated between the Hammes' land and the county road. Agricultural Residential Rural (A/R/R) Density ADJACENT ZONING: A/R/R/D to the north A/R/R/D to the south A/R/R/D to the west A/R/R/D to the east Page 1 of 8 • • I COMPREHENSIVE PLAN The Proposed Land Use Districts map for Study Area 1 shows the subject site as within both a Medium Density Residential (6 to 9 acres per dwelling unit) district and a Low Density Residential (10 acres or greater per dwelling unit) district. The designation of Medium Density is based upon constraints due to slope, soil, individual sewage disposal system, road condition, and infrastructure needs. The Low Density designations are located within an area of septic system constraints, soil hazards, and slope hazards. II. PROJECT INFORMATION A. Site Description: The subject site contains steeply sloping terrain. Grades on site range from ten (10%) percent to thirty-five (35%) percent. Vegetation on the site consists predominantly of pinion and juniper trees and of sage brush. The site contains one (1) residential building associated with the property. B. Adjacent Land Uses: A residential subdivision development is located to the west of the subject property. The land bordering the southern, northern, and eastern perimeters of this property are rural. C. Development Proposal: The applicant is proposing to create four (4) lots from a forty-four and one half (44.5) acre land holding consisting of two (2) tracts. Road upgrades and a road extension are proposed for the access leading to the site from CR 100. Development on the lots in the future will consist of residential, single- family homes. The lot sizes will range from approximately seven (7) to seventeen (17) acres (see Exhibits A and B). III. SUGGESTED FINDINGS: A. That the proper publication, public notice, and posting were provided by law for the hearing before the Planning Commission; and B. that 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 that hearing; and C. that the proposed subdivision of land conforms to the Garfield County Zoning Resolution; and D. that all data, surveys, analysis, studies, plans, and designs as are required by the State of Colorado, and by Garfield County, have been submitted and, in addition, have been found to meet all requirements of the Garfield County Subdivision Regulations. Page 2 of 8 • • IV. RECOMMENDED CONDITIONS OF APPROVAL: The Garfield County Planning Commission recommends that the Board of County Commissioners put forth the action of conditional approval of the application for the Hammes Subdivision Preliminary Plan in accordance with the 30 conditions as listed below. Concerning Water Sources - 1. In accordance with the representations of the applicant, the applicant will transfer to the Homeowners Association the Basalt Water Conservancy District Allotment Contract and the water rights associated with the wells together with the well permits. The Homeowners Association will have the power and the duty to enforce compliance by the lot owners with the terms and the conditions of the water contract and the well permits. 2. The applicant will provide adequate easements for the wells, the water lines, and the other attendant facilities and utilities on the final plat submission. The applicant must comply with all ten (10) conditions of approval of the well permits for each of the three (3) wells of this site as issued by the Office of the State Engineer, Colorado Division of Water Resources. 4. The potable quality of the potential water source must also be addressed by the applicant per Sections 4.91 and 9.51 of the Subdivision Regulations of Garfield County, Colorado of 1984 and per Section III. 7.0 Goal, 7.1 and 7.3 Policies, 7.1 and 7.3, Objectives of the Garfield County Comprehensive Plan of 1994. Concerning Septic Systems - 5. In accordance with the representations of the applicant, the owner of each lot will obtain site specific percolation tests at the building permit stage to determine whether a standard Individual Sewage Disposal System (ISDS) is acceptable or whether an engineered system is required. Each ISDS will be constructed in accordance with the results of the site specific percolation test and will be designed to minimize tree removal and changes to the natural contours of the land. The protective covenants for the subdivision will require that all septic system tanks be pumped at least one time every three years and will provide the Homeowners Association with the authority to properly maintain and repair each ISDS within the subdivision in the event that the lot owner fails to do so. Concerning Geologic Constraints - 6. Proper building site selection and foundation designs will be employed, and proper septic system evaluations, installations, and construction will be carried out in accordance with the recommendation of the Observations of Geologic Conditions report prepared for this site. Page 3 of 8 • • 7. The development on the steep portion of the site will be avoided due to slope instability. Furthermore, site specific geotechnical and subsoil studies will be conducted for building foundation and septic system design. Both provisions are in accordance with the Observations of Geologic Conditions. Concerning Soil Conservation - 8. The applicant will re -vegetate road cuts to prevent erosion; control animals where wildlife is present; control drainage; monitor chemical application on grasses; and monitor groundwater pollution with all expenses born by the developer, all of which follow the recommendations of the Mount Sopris Soil Conservation District. In addition, the covenants of the Homeowners Association will include language which clearly states that the use of chemical application on the lawn grasses is forbidden and that periodic testing of the wells is strongly encouraged. Concerning Roads - 9. The applicant will construct a twenty (20') foot roadway width with four (4') foot shoulders [two (2) eight (8') foot lanes with two (2) two (2') foot shoulders] for the protection of life and property from wildfire per the Colorado State Forest Service and per Section III. 3.4, Objective of the Garfield County Comprehensive Plan of 1994. 10. The entire length of the Hammes road will be improved to the Garfield County road standards in accordance with Carbondale & Rural Fire Protection District and with Section III. 3.6, Policy of the Garfield County Comprehensive Plan of 1994. 11. The applicant will pay the applicable road improvement fee in accordance with the Garfield County regulations. Concerning Emergence Access - 12. The applicant will provide a twenty (20) foot width for the easement to the proposed development to allow for emergency vehicle access as issued by the Emergency Management report. 13. The Emergency Turnaround areas located between proposed Lot 1 and proposed Lot 2 will be redesigned to provide more area needed for a complete turnaround by emergency vehicles as recommended in the Emergency Management report. Concerning Wildfire Hazards - 14. The applicant will maintain all grass at a maximum of six (6) inches in height, and ensure that no woody vegetation and no flammable material, such as firewood, will be located within ten (10) feet surrounding the houses per the Colorado State Forest Service. Page 4 of 8 • • 15. A separation distance will be maintained of a minimum of ten (10) feet between conifers within forty-five (45) feet at the sides of the homes and sixty (60) feet on both downhill sides located north and south on the site. The lower limbs of trees will be removed up to half of the height of the remaining trees in accordance with the CO State Forest Service. 16. Homes will be situated a minimum of fifty (50) feet from the top edge of the slopes as issued by the Colorado State Forest Service. 17. Only non-combustible roofing materials will be used in the construction process (no wood shake and shingles) as stated by the Colorado State Forest Service. 18. The space below overhanging decks will be enclosed with solid vertical walls as recommended by the Colorado State Forest Service and by Section III. Section 2.5 and 8.2, Objectives of the Garfield County Comprehensive Plan of 1994. Concerning Water Storage - 19. The applicant will assist with the installation of a twenty -thousand (20,000) gallon, underground, water supply at a strategic location to be determined by the office of the Fire District, which will be kept full and which will be maintained to allow for immediate access by fire trucks to fill and to turn around in accordance with the Carbondale & Rural Fire Protection District and with Section 9.71, 9.73, and 9.74 of the Subdivision Regulations of Garfield County, Colorado of 1984. If efforts to obtain an offsite easement are unsuccessful, the applicant will dedicate an easement for construction of an underground storage tank to the Carbondale & Rural Fire Protection District at a location within the subdivision which is acceptable to the Fire Protection district by final plan submission. 20. The applicant will contribute the sum of six thousand dollars ($6,000) to the Carbondale & Rural Fire Protection District for the construction of an underground water storage tank. The applicant will pay the total amount of the contribution in three (3) installments of two thousand dollars ($2,000) each upon the initial sale by the applicant of each of Lots 1, 3, and 4 of the subdivision. Concerning Alternate Access to the Site - 21. The applicant will provide a perpetual, ingress/egress easement expressly limited to emergency fire or medical situations only. It may be used by either property owners seeking to escape the Hammes Subdivision due to fire, or by emergency service providers and their equipment seeking to access the Hammes Subdivision. The roadway may be gated at any location determined by the property owners so long as the Fire District is provided keys to all locks on every gate per the Carbondale & Rural Fire Protection District. The easement will be identified on the final plat and recorded with the final plat. Page 5 of 8 • • 22. The easement itself will be sixteen (16) feet in width. Within the sixteen (16) foot easement, Mr. Hammes will improve an approximately twelve foot (12) wide roadway consisting of a minimum of six (6) inches in depth of three (3) inch road base material. An appropriate culvert will be installed to allow the road to cross any stream or irrigation ditch as issued by the Carbondale & Rural Fire Protection District. The applicant will provide Garfield County with adequate security to assure completion of the road construction as described above. 23. Mr. Johnson, his heirs, successors and assigns will be free to utilize the easement and roadway across his property, but will agree to keep the roadway clear of any obstacle which would block the roadway from use in fire emergencies in accordance with the Carbondale & Rural Fire Protection District. This provision does not apply to snow accumulation because the emergency access is necessary for wildfire situations which are not a winter time hazard. 24. The form and the substance of the easement will be acceptable to the Fire District. The easement will be perpetual and, when it is approved by all parties, will be recorded in the Garfield County records as stated by the Carbondale & Rural Fire Protection District. Concerning Utilities - 25. All new utilities associated with the subdivision will be placed underground. Concerning Site Development - 26. The applicant has agreed to create a Homeowners Association for the subdivision in accordance with applicable Colorado state law. The applicant will submit to the Garfield County Attorney for review the protective covenants, articles of incorporation, and other Homeowners Association documents (including bylaws) at the final plan submission stage. 27. In accordance with the applicant's attorney, the following provisions will be included in the protective covenants for the subdivision; A. only one dog is allowed for each dwelling unit; B. open hearth, solid fuel burning fireplaces are not allowed within the subdivision except as the same may presently exist within the existing residence on Lot 2. All dwelling units will be allowed an unrestricted number of natural gas burning fireplaces or appliances, and each dwelling unit will be allowed no more than one new, wood burning stove as defined by C.R.S. 25-7-401 et seq. and the regulations promulgated thereunder; and C. All exterior lighting will be downcast and will be designed and installed so that the light source is not visible from adjacent lots. Page 6 of 8 • • Concerning Off-site Impacts - 28. The applicant will comply with all commitments made to the existing users of Rimledge Road as set forth in the letter from Lawrence R. Green dated 9 January 1998, and in accordance with Section 4.94 of the Subdivision Regulations of Garfield County, Colorado of 1984, as follows: A. the applicant will proceed to have Garfield County name the private road between County Road 100 and the access road to the subdivision as "Rimledge Road," and will provide road signage for such road in accordance with the Uniform Manual of Traffic Control; B. by note on the final plat, and by execution of the existing Road Maintenance Agreement for said Rimledge Road, all lots within the subdivision will become participants in the existing Private Road Maintenance Agreement; C. the applicant will contribute the sum of twenty thousand ($20,000) dollars to the Rimledge Road Maintenance Association to be used for the ongoing maintenance of Rimledge Road. The applicant will pay the total amount of the contribution in three (3) installments of six -thousand, six -hundred, and sixty-six dollars and sixty- six cents ($6,666.66) upon the initial sale by the applicant of each of Lots 1, 3, and 4 of the subdivision; and D. the applicant will repair and maintain Rimledge Road from a point just west of the Kruidenier/Scofield driveway to the point where the Hammes Subdivision access road leaves Rimledge Road. During this repair and maintenance, the applicant will bring that portion of Rimledge Road to at least the same condition as the road presently exists east of the Kruidenier/Scofield driveway. The applicant will provide Garfield County with adequate security to assure performance of this repair and maintenance at final plan approval. 29. The applicant will pay a per lot, school site, acquisition fee in an amount determined by the Board of County Commissioners at the time of final plat approval per Section 9.8 of the Subdivision Regulations of Garfield County, Colorado of 1984 and per Section III. 2.2, Policy of the Garfield County Comprehensive Plan of 1994. 30. The applicant will provide evidence that the well permits are valid at the time of final plan approval and that the finding of nonmaterial injury is still valid for this proposed subdivision. V. WAIVER: The access easement, which will be extended to provide street access to the proposed four (4) lots, will be in excess of 1,700 feet. This access is designed to end abruptly at the boundary line between proposed Lots 2 and 1. Given this dimension and the design, the proposed access to the lots is classified by the Zoning Resolution as a dead end street. The proposed design exceeds the permissible length by more than 1,100 feet. Page 7 of 8 • • Although the Board may approve a longer cul-de-sac design, the Board must be satisfied that adequate fire protection and emergency access or egress will be provided as a part of the longer street design per Section 9.33 of the Subdivision Regulations of Garfield County, Colorado of 1984. The Garfield County Planning Commission recommends that the Board of County Commissioners issue an approval of the above stated waiver request in accordance with the conditions of preliminary plan approval as listed in this report. Page 8 of 8