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HomeMy WebLinkAbout2.00 Staff Report D.D 11.12.2021File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 1 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review – Minor Subdivision APPLICANTS (OWNERS) Ryan Ivy REPRESENTATIVE Keith Ehlers -Three Sail SURVEYOR SGM LEGAL DESCRIPTION Section 19, Township 6, Range 88 within the Lookout Mountain Ranches Subdivision, Ranch 14 4th Amended Plat PRACTICAL DESCRIPTION 2579 115 County Rd, Glenwood Springs, Co 81601 Assessor’s # 218719302014 LOT SIZES Current - 35.637 acres. Proposed Lot 1 - 26.31 Acres and Lot 2 - 9.32 Acres ZONING Rural COMPREHENSIVE PLAN Residential Low (10+ Acres per DU) Area of Influence Glenwood Springs I. DESCRIPTION OF PROPOSAL The application seeks to split a 35-acre parcel into 26- and 9-acre parcels. The existing structures would be present on the 26-acre parcel (called Proposed Lot 1). Each lot would be served by individual wells and OWTS. Proposed Lot 1 is already served by both, though the well permit is an exempt permit. While the existing residence is accessed off Neil Road, the proposed 9-acre parcel (Proposed Lot 2) will be accessed directly from CR 115 or CR 120. No permit currently exists for the Proposed Lot 2 driveway access. The proposed plat is shown on the following page. II. DESCRIPTION OF THE SITE The parcel is located about three miles east/southeast of Glenwood Springs and just south of Lookout Mountain. The parcel is called Ranch 14 of the 4th Amended Plat of Lookout Mountain Ranches Subdivision, though it was removed from the CC&R’s (which restrict subdivision processes) that govern that subdivision. Based on currently available information, Lookout Mountain Ranches was created through a subdivision exempt process. The subject parcel is within the outline on the adjacent map. Neil Rd is within an easement and only serves Ranch 14 and Ranch 13 immediately to the west. The driveway cut onto County Road 115 is shown in Figure 1. Garfield County Road and Bridge indicated that the cut is not up to current standards in their referral comments. The parcel is not within a fire district. Figure 1Vicinity map File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 2 Figure 2 Proposed Plat File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 3 Figure 3 Proposed Plat with Aerial File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 4 III. AUTHORITY - APPLICABLE REGULATIONS The Land Use and Development Code, as amended provides the primary source of regulatory elements related to the application. Any plat notes previously recorded will also be considered, as all as any applicable county, state, or federal statutes. The Garfield County Comprehensive Plan 2030 provides additional insight into the long-range consideration of land use decisions. While some portions of the Code are quoted below, the entirety of the Code was considered. Additional discussion included further in this report. 5-301 Minor Subdivision C. Review Criteria In considering a Minor Subdivision application, the application shall demonstrate the following: 1. It complies with the requirements of the applicable zone district and this Code, including Standards in Article 7, Divisions 1, 2, 3 and 4. 2. It is in general conformance with the Comprehensive Plan. 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. 4. Satisfactory evidence of adequate and legal access has been provided. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. 7. Hazards identified on the property such as, bu t not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. 8. Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collectio n systems, storm drainage facilities and other such utilities have been provided. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. 10. Road impact fees shall be paid at the time of building permit. School Land Dedication fees shall be paid prior to the recording of the final plat in accordance with 7 - 404. 11. The Final Plat shall meets the requirements of Section 5-402.F. Final Plat with staff and referral comments prior to execution and recording. Section 7-109 Fire Protection A. Adequate Fire Protection. Figure 4 Existing Access Cut File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 5 Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire Referral comments Colorado Division of Water Resources, Megan Sullivan P.E. – provided extensive comments related to the legal and physical access of water, which are included in their entirety in Exhibit A. Garfield County Assessor’s Office, Casey Lawrence – Recommended include a plat note indicating the purpose of the plat. Colorado Geologic Survey, Jill Carlson C.E.G. – Had no objection, but provided advisory comments related to expansive soils and bedro ck located within the area. Comments are included in Exhibit B. Colorado Parks and Wildlife, Matt Yamashita – Provided recommendations on how to decrease human, wildlife conflicts, comments provided in Exhibit C. Garfield County Consulting Engineer, Chris Hale, P.E. – Provided additional comments on water supply and geologic issues not addressed in the applicatio n. The full letter is included in Exhibit D. Garfield County Road and Bridge, Harry Shiles – Indicated that Proposed Lot 1’s driveway will need to be brought up to standards and that Proposed Lot 2’s driveway will need to built to current standards, which differ for CR 115 and CR 120. Garfield County Sheriff’s Office, Levy Burris – Had no issues or concerns with the application. Glenwood Springs Fire Department, Greg Bak – Though they are the closest department, travel time from Glenwood Stations are longer than from Carbondale’s station 84. Carbondale and Rural Fire Protection District – The district has a mutual aid agreement to provide protection services even though it is out of the district. He recommends installing fire sprinkler systems in new residences (consistent with International Residential Code, Section P2904). Other referral agencies contacted: Attorney’s Office, Building Official, Environmental Health, Vegetation Management, Holy Cross Energy. Public comments As of 11/12/2021, no public comments have been received regarding this project. IV. STAFF ANALYSIS AND CRITERIA Code Analysis 1) 4-103 Administrative Review – Notice was meet according to the Administrative Review requirements. Submittal Waivers for well permit, well pump test, and water quality tests were requested. File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 6 2) Section 4-203.E Grading and Drainage – Grading and drainage will be addressed during building permit review, as necessary. 3) Section 4-203.M.1.b.(5) Water Supply and Distribution Plan – Each lot would be served by individual wells. Permits were provided. Staff supports the waiver of submittal requirements for pump test and water quality test results. 4) Section 4-203.N.1 Wastewater Management – A letter was provided indicating that both parcels are suitable for wastewater systems. 5) 5-301 Minor Subdivision Review – a. The request complies with the zoning standards from Article -3. Article 7 compliance discussed below b. The request complies with the Comprehensive Plan c. Water supply was well discussed in the Division of Water Resource’s referral comments. As stated, the application provided a contract with the Basalt Water Conservancy which can be used for a new well permit. The applicant requested that the permit, pump test, and water quality tests be fulfilled as conditions of approval. d. The Proposed Lot 2 may be served by access cuts along either CR 115 o r CR 120, however there are different standards for each roadway. Road and Bridge also indicated that the driveway access for the Proposed Lot 1 will need to be brought up to current standards. e. Easements are in place. f. A letter was provided indicating an O WTS would adequately serve the Proposed Lot. g. The application stipulated that the property was not specifically at risk of identified hazards. The lot is not within a fire protection district. Available GIS resources did not indicate specific hazard concer ns. Colorado Geologic Survey provided comments related to expansive soils and bedrock. h. No public improvements are anticipated. i. All taxes have or will be paid prior to recording the final plat. j. All fees, including school land dedication, shall be paid prior to the filing of the final plat. Road Impact Fees shall be paid at the time of building permit. k. The Final Plat will meet the requirements of 5-402.F as a condition of approval. Article 7 Standards 1) Section 7-101 Zone District Use Regulations – As discussed above, the proposal meets zone district use regulations. 2) Section 7-102 Compliance with Comprehensive Plan and IGA’s – The proposal follows the comprehensive plan. 3) Section 7-103 Compatibility – The proposal is compatible with surround land uses. 4) Section 7-104 Source of Water – As discussed above, the Applicant has requested that a well permit for proposed lot 2, pump tests, and water quality tests be done as Conditions of Approval. 5) Section 7 -105 Adequate Central Water Distribution and Wastewater systems – The application includes a letter from Brock Civil engineering indicating the Proposed Lot will be able to be served by an OWTS and the existing system is functioning. File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 7 6) Section 7-106 Public Utilities – Public Utilities are available on both proposed parcels. 7) Section 7-107 Access and Roadways – Both CR 115 and CR 120 are able to serve the Proposed Lot 2. An access/driveway permit from Garfield County Road and Bridge will be required. County Road and Bridge indicated that the access for Neil Road onto CR 115 needs to be brought up to current standards to satisfy 7-107.B. Neil Road does meet other Article 7 standards since it only serves two lots. 8) Section 7-108 Land Subject to Natural Hazards – The proposed building envelope on Proposed Lot 2 avoids the steeper slopes at the northern portion of the property. CGS had no specific concerns related to the geologic conditions but recommends subsurface analysis to allow for the proper design and engineering of any building foundations and grading/drainage systems. Between the building envelope and CGS’s comments, staff believes a plat note requiring appropriate analysis and engineering at building permit will suffice. 9) Section 7-109 Fire Protection – The subject property is not within a fire district. Carbondale & Rural Fire Protection District indicated that they would provide emergency response to the area in accordance with their mutual aid agreements , and requested that future residential development on the site be sprinkled in accordance with P-2904 of the International Residential Building Code. The application did not include any source of water for fire protection. 10) Section 7-201 Agricultural Lands – The application will not further impact agricultural lands. 11) Section 7-202 Wildlife Habitat Areas – CPW recommend following their wildlife friendly fencing standards if installing any fencing and using bear resistant dumpsters surrounded by designated structures to limit bear interactions. 12) Section 7-203 Protection of Wetlands and Waterbodies – There are no identified wetlands or waterbodies on the property. 13) Section 7-204 Drainage and Erosion – Drainage and erosion will largely be unaffected by this application. Grading and drainage will be directly ad dressed during building and development processes. 14) Section 7-205 Environmental Quality – The application will have no further negative impacts on air or water quality. 15) Section 7-206 – Wildfire Hazards – Any future development on either Proposed Lot should use best practices when building or landscaping to mitigate the risks of wildfires. The current parcel’s wildfire risk ranged from 2-4 on the wildfire risk index from COWRAP 2019. Regulatory elements of this section must be meet in future Figure 5Wildfire Risk File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 8 development. See Figure 5, Section 7-109 Fire Protection, and staff analysis below for more information. 16) Section 7-207 Natural and Geologic Hazards – Discussed under 7-108 above. 17) Section 7-208 Reclamation – Not Applicable 18) Section 7-301 Compatible Design – The application is compatible with surrounding properties. 19) Section 7-302 Off Street Parking – Not applicable 20) Section 7-303 Landscape Plan – Not applicable. 21) Section 7-304 Lighting – Development on either Proposed Lot will need to adhere to the lighting standards. 22) Section 7-305 Snow Storage – Not applicable to this application. 23) Section 7-306 Trails and Walkways – Not Applicable to this application 24) Section 7-401 – Plat notes addressing items B and C should be added to the final plat. 25) Section 7-402 Subdivision Lots – The application conforms to the requirements of this section. 26) Section 7-403 Survey Monuments – Prior to the submission of the final plat for recording, the survey monuments should be set in accordance with this section. 27) Section 7-404 School Land Dedication – Prior to the submission of the final plat, the applicant should meet these requirements outlined in Section 7-404.C. 28) Section 7-405 Road Impact Fees – Road impact fees will be meet at the time of building permit. Staff Further Analysis and Discussion Ranch 14 was removed from the CC&R’s of the subdivision that would disallow a subdivision. The roadway (Neil Rd.) serving the existing home is contained within an easement and continues onto the neighboring property where the easement seems to terminate. It will not directly serve Proposed Lot 2. The available contours are shown on the following figure. The consulting engineer requested additional information related to slopes to ensure the building envelope was adequate for future development. Using the ConnectExplorer tool, Staff estimated slopes within the building envelope to be below 20%. Staff recommends combining the requested slope analysis with CGS’s recommendations for Geotech engineering for foundations at the time of building permit. There is no fire district covering the parcel . Staff reached out to Glenwood Springs Fire District who provided estimates on response times. Based on this, staff then reached out to Carbondale and Rural Fire Protection district to provide information related to Section 7-109 Fire Protection and general emergency response. Both indicated that they would respond to emergencies in the area, though Carbondale has the lower response time. The Carbondale and Rural Fire District deputy chief noted the application did not include a water source for fire suppression and recommended requiring fire sprinkler system s in new residential development. They elaborated that it may be impossible for future residential developments to get insurance withou t a fire suppression system while outside of a fire district. Staff discussed this recommendation with the File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 9 Figure 6 Contours File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 10 Garfield County Building Official . The property is within a high risk area for wildfires ac cording to available data. A check will need to be submitted to the Coun ty to fulfill the School Land Dedication requirements. This will involve an estimate of the unimproved value of the land, which is within a RE-1 School District. Section 7-404.C lays out the payment-in-lieu calculations and process. The applicant will need to address water supply plan prior to submitting a final plat for execution and recording. The applicant provided an additional well permit on December 1st. As a condition of approval, staff recommends requiring results of well pump tests and water quali ty tests to fulfill the requirements of Section 4-203.M. The access from CR 115 onto Neil Rd will need to be brought up to current Garfield County Road and Bridge standards. The applicant will need to work with Road and Bridge to obtain a permit fulfilling the requirements of Section 7-107.B. Available online maps made it unclear whether or not proposed lot 2 directly abuts CR 120 where the road intersects CR 115 on the southern portion of the property. If a future drive from CR 120 is sought, an easement f rom the neighboring property may be required. Several plat notes will be required to address additional items from Article 7. V. RECOMMENDED FINDINGS AND CONDITIONS Suggested Findings 1. That proper public notice was provided as required for the Director’s Decision. 2. The Director’s Decision review was extensive and complete, that all pertinent facts, matters, and issues were submitted, and all interested parties were given the opportunity to provide input prior to the decision date. 3. With the submittal waivers and conditions of approval, the Application complies with the items of Section 5-301 Minor Subdivision. 4. That, for the above stated and other reasons, the proposed Ivy Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity , and welfare of the citizens of Garfield County. 5. That, with adoption of conditions, the application is in general conformance with the Garfield County Comprehensive Plan 2030. 6. Subject to compliance with all included Conditions of Approval and approval o f submitted waiver requests, the application complies with the Garfield County Land Use and Development Code. Suggested Conditions of Approval 1. That all representations contained in the Application submittals shall be conditions of approval, unless specifically amended or modified by the conditions contained herein. 2. Prior to the submittal of the final plat for execution and recording, all well permits, water contracts, pump tests, and water quality tests will be submitted and approved in accordance with Section 4-203.M. and the Division of Water Resources requirements . If File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 11 the existing well is to be shared, a well sharing agreement and any necessary easements shall be provided. 3. Prior to the submittal of the final plat for execution and recording, the Applica nt will coordinate with Garfield County Road and Bridge to bring the access for Proposed Lot 1 (Neil Rd) into compliance with current access standards for CR 115. 4. Prior to the submittal of the final plat for execution and recording, the applicant shall submit information related to the apparent swale or ditch the County’s consulting engineer identified on aerial imagery that runs through the Proposed Lot 2’s building envelope. If the feature needs to be mitigated, the applicant shall provide the necessary information related to it. 5. Final edits to the proposed plat, including plat notes, certificates, and title, shall be submitted to the County for review and acceptance prior to submission for execution and recording. 6. A purpose statement shall be added to the plat notes. 7. The following plat notes shall be added to the final plat: a. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One new solid fuel burning stove as defined 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. b. Control of noxious weeds is the responsibility of the property owner. c. Domestic animals shall be confined within the owner’s property boundaries and kept under control when not on the property. d. All exterior lighting shall be the minimum amount necessary and that all exterior lighting shall 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. e. New fencing on the property shall comply with the Colorado Parks and Wildlife specifications for wildlife-friendly fencing. f. Colorado is a “RIGHT-TO-FARM” state pursuant to C.R.S. 35-3-11, 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. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non-negligent manner. Therefore, all must be prepared to encoun ter 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 amendment, herbicide, and pesticides, an y File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 12 one or more of which may naturally occur as part of legal and non-negligent agricultural operations. g. 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 an 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. h. The mineral rights associated with this property may not be 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). i. At the time of building permit, site-specific Geotech or Geohazard slope, subsurface investigation, laboratory testing and analysis will be required to: characterize soil and bedrock engineering properties such as density, strength, water content, and swell/consolidation potential; determine depths to groundwater, bedrock, and any impermeable layers that might lead to development of a perched water condition; verify the feasibility of below-grade construction, if planned; and provide earthwork, foundation, floor system, subsurface drainage, and pavement recommendations for design. Grading, surface drainage, and subsurface drainage will be designed, constructed, and maintained for stability and to minimize wetting of potentially expansive soils and bedrock in the immediate vicinity of foundation elements. j. As of this subdivision, the properties are not within a fire protection district. In accordance with the Carbondale and Rural Fire Protection District’s comments, it is recommended that all new residential construction have fire suppression or sprinkler systems installed in accordance with the International Residential Code Section P2904. Development must meet all applicable fire (including wildfire) code at the time of building permit, including Section 7-206 Wildfire Hazards of the Garfield County Land Use and Development Code, as amended, which requires roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. k. The well permitted under Well Permit No. 279642 may only serve a single parcel. File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 13 Exhibit A File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 14 File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 15 Exhibit B File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 16 Exhibit C File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 17 File No. MISA-08-21-8856 Director’s Determination - 11/12/2021 Philip Berry 18 Exhibit D