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3.0 BOCC Staff Report 01.11.1998
G _-tAFT -dr C- )©. Ifs BOCC 1/11/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Preliminary Plan Review APPLICANT: Carlyle Fowler 4. AAA, LOCATION: A tract of land located in portions of Section 24, T5 S, R93W of the 6th P.M.; north of Rifle, adjacent to the Rifle Creek Estates Subdivision. SITE DATA: 40.70 Acres WATER: Rifle Creek Homeowners Association SEWER: ISDS ACCESS: ER-1Wik.5" P ►2 ►✓' EXISTING/ADJACENT ZONING: North: A/R/RD South: A/R/RD East: A/R/RD West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District E, as designated by the 1984 Garfield County Comprehensive Plan's Management Districts, Area Map. The designation identifies the area as rural in nature, with severe to moderate environmental constraints. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located approximately two (2) miles north of Rifle, on the east side of CR 13, and west of CR 325. The Proposal would be an extension of the existing Rifle Creek Estates subdivision. (See location map pg . e j*+) B. Project Description: The land to be subdivided consists of 40.70 acres, creating 15 new lots, with an average density of 2.71 units/acre. (See proposed map pg. c%1 o k) All parcels will receive water from the existing Rifle Creek Estates water system, and all lots will utilize ISDS for waste water. III. REVIEW AGENCY AND OTHER COMMENTS. A. The Rifle Fire Protection District : States that, improvements to water storage capacity will provide adequate service. (see Page 9). B. The Garfield County GIS: Reports that mule deer and elk use the site as their winter range, and these species would be the most impacted. (see Exhibit F). C. Colorado Geological Survey: The CGS has identified severe areas of geologic constraint throughout the site, particularly on the D. Colorado Department of Public Health: Inspection of the existing RO treatment and storage facility reveled deficiencies which should be corrected prior to expansion. (See Attachment #1.) E. The Rifle Planning Department: Is concerned about the long cul-de-sac, and recommends two conditions of approval. (See Attachment #5) IV. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. The preliminary plat meets the minimum requirements of the regulations. B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district, and residential use is a use by right in this zone. C. Legal Access: Legal access will be provided by extension of Mesa Drive, north into the proposed subdivision. Lots 1-4 and Lots 13-15 will be accessed via 25 foot access easements. Section 9:33 (A), Streets and Roadways, as specified in the Garfield County Subdivision Resolution of 1984 a.a., allows for a maximum cul-de-sac length of 600 feet, with a turn around radius of not less than 45 feet. The Board may, at their discretion, for topographical reasons, approve a longer cul-de-sac length, provided fire protection and emergency egress and access are provided. The application indicates that an internal circulation loop, or other through access is unfeasible. (See Exhibit B) The Rifle Fire Marshall approves of the length provided on site water storage is 30,000 gallons or greater. The applicant is proposing a total of 40,000 gallons of on site storage. Road connections to the north or west are too costly at this time, however, a unimproved seasonal access road, for wildfire mitigation may be feasible, and should be a condition of approval. The proposal should generate 150 vehicle trips per day. (See Exhibit F) D. Water: The applicant and the Rifle Creek Homeowners Association have entered into an agreement to expand the existing water system with the ownership and maintenance being vested with the association. (See Exhibit H). The Primary Source for the system is the Emmer Well #1. The measured delivery capacity of the well is 40 gpm, with a maximum permitted draw of 39.5 gpm and a maximum annual capacity of 1,706,000 gallons. The system currently serves 24 homes for potable water, with ditch water providing landscaping irrigation. In 1997, the system drew 1,125,567 gallons annually with an average household consumption of 3,908 gallons. Water storage is currently provided by a single 20,000 gallon cistern, the applicant proposes to expand the total storage capacity to 40,000 gallons. Augmentation is provided from the Grand Tunnel diversionary source as decreed by Ruling of application W-3879, in 1980. Sufficient augmentation exists for the Emmer Well nos. 1 &2, and the Emmer reservoir. Radioactive material has been noted in the raw water from Emmer Well #1. A water quality test (See Exhibit K) has been performed on treated water and has been determined to be safe for drinking. The EPA has no record of any violation for the past ten years regarding the maintenance and operation of the Reverse Osmosis treatment and water storage facility. A plat note indicating the potential raw water contamination should be included on the final plat. — E. Sewer: All parcels will utilize Individual Sewage Disposal Systems. Percolation tests were performed in three locations on site. The soils are suitable for ISDS, but individual percolation tests should be performed on a lot by lot basis. (See Exhibit L) F. State and Local Health Standards. The Colorado Department of Health requires annual inspection for the water treatment facility and State ISDS setback standards apply and should be verified by an engineer. No local health regulations apply. G. Drainage: The existing drainage patterns east and west from a diagonal bisecting the northeast and southeast corners of the site. A 9% increase in total residential water accumulation is expected. The roadway is expected to generate an additional 15%, which will be mitigated using 15" culverts at driveway crossings. Lots 1 and 3 will require fill and grading which will alter the existing drainage, but the remainder of the site will not impact the existing pattern. (See Sheet 4 of 6) H. Geologic Hazards: The subject property is not subject to any known extreme geologic constraints. (See Exhibit D) Local areas of hazard concentrations will require Lots 13, 14 and 15 to utilize engineered foundations for drainage and hydrocompaction. H. Fire Protection: The property is located within the Rifle Fire Protection District. The applicant has worked with the Fire Marshall to determine the most viable fire mitigation plan. Expansion of the water storage capacity on-site should alleviate major fire concerns. In addition, the applicant is attempting to receive permission to utilize an existing power line maintenance road, on the eastern portion of the property to provide emergency summer access in the event of wildfire. Easements. The plat indicates Lots 1-4 and Lots 13-15 will be accessed via 25 foot access easements. All easements meet the County road requirements for design. The easements are indicated as private, the easements should be dedicated as County roads and the applicant should indicate as such on the plata J. School Impact Fees The applicant will be required to pay $200 per lot to the School District at time of Final Plat. H. Planning Commission Recommendation: The Planning Commission recommended approval with all conditions of staff with the following changes: a. Item #3 should read, "That the applicant shall attempt to provide a seasonal fire access road to the subdivision to the satisfaction of the County Engineer. b. Item #5 should read, "The applicant shall make all roads and easements in the subdivision public roads, and the applicant shall chip-anctseal shall mqke all rads and easements in the subdivisions" V�- gc la- c. Item #6 should read, "The applicant shall realign the building envelopes shown on Lots 13, 14 and 15 so as to minimize potential site disturbance and subsequent alteration of natural drainage flows. And that the final plat shall indicate that these lots require d engineered foundations." D,/finS/n/1/ /4. list ,r V. RECOMMENDED FINDINGS: 5.;- The ^r The following issues are noted in the application for the Rifle Creek Estates Filing II subdivision preliminary plan:. A. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. B. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. C. That for the above stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VI. RECOMMENDATION At their November 12,1998 hearing, the Planning Commission recommended APPROVAL, with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. That the applicant shall have 120 days to present a Final Plat to the Commissioners for review from the date of approval of the Preliminary Plan. 3. That the applicant/Provide a seasonal fire access road to the subdivision to the satisfaction of the County Engineer. 4. That the general note indicated as #10, found on Sheet 6 of 6, Preliminary ISDS Plan, be removed from the plat. gg/kP 5. The applicant shall dedicate all rqads and%asements in the subdivision to the County, pati dr ,, e,14 t dee, tv, u44 6. The applicant shall realign the building envelopes shown on Lots 13, 14 and 15 so as to minimize potential site disturbance and subsequent alteration of natural drainage flows. D n.rVit r ; 7. The final plat shall reflect an acceptable building envelope for Lots 7 and 10 to provide a usable building area. . The final plat shall reflect all recommendations of the Colorado Department of Public ealth and Environment as indicated in Attachment #1, and elsewhere in the ap ation material. 5. That the following plat notes shall appear on the Final Subdivision Plat: "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owners property boundaries." "No open hearth solid -fuel fireplaces will be allowed anywhere within an cANN0 wit exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. seq., 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 be the minimum amount necessary and that all exterior lighting 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". "That in the future event the property described by this Final Plat has the reasonable ability to connect with any municipal or centralized sewer system, the subject property owners shall be required to connect to said service and remove any existing individual sewage disposal systems(s) which may be located on said property, within one year of the effective date of service availability." "Control of noxious weeds is the responsibility of the property owner." "Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued." "Water quality tests for the Emmer Well #1, raw water, indicate the evidence of radioactive particles." (, A'C �l O to �� 12L NIG- t ie- t+L 4(0 M' ti&Le'.tk fA.,