Loading...
HomeMy WebLinkAbout2.0 PC Staff Report 05.14.2003• • PC 05/14/03 FAJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Sketch Plan review for the Park Subdivision APPLICANT / OWNER: Diane and Greg Park LOCATION: 1213 County Road 112 WATER: Shared Well SEWER: ISDS ACCESS: CR 112 EXISTING ZONING: A/R/RD I. PROJECT INFORMATION Development Proposal /Site Description The owners, Diane and Greg Park, propose to subdivide the property into two lots; Lot 1 A having 4.28 acres containing the existing single-family dwelling and garage, and Lot 1B having 2.61 acres and containing the existing cabin. The property is located in the Missouri Heights area north of Carbondale on County Road 112. The property is 6.8 acres and is improved by a single-family residence, 2 story garage, and a single story cabin. The lot was the result of an exemption from the definition of subdivision. The cabin was approved with as a Special use permit as a "resort" in March, 2002 which is memorialized via Resolution 2002-20. (Cabin shown in photo below.) The dwelling units are already in place. 1 • • II. STAFF COMMENTS A. Comprehensive Plan The property is located in Study Area 1 in an area defined as "Medium Density Residential" which suggests a density of 6 to less than 10 acres per dwelling unit. B. Zoning The property is located in the A/R/RD zone district. A single-family dwelling is a use by right in the A/R/RD zone district which allows for a minimum lot area of 2 acres. The proposed subdivision provides lots than are no smaller than 2 acres in size which complies with the zoning regulations. It should be noted that the Special Use Permit for the "resort" for the cabin would dissolve and the cabin and the primary use the property would revert to a single-family dwelling use. The Applicant should be aware of the following zone district standards in Section 3:02 of the Garfield County Zoning Regulations: Minimum Lot Area: Two (2) acres. Maximum Lot Coverage: Fifteen percent (15%). Minimum Setback: (1) 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; (2) Rear yard: Twenty-five (25) feet from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. 3.02.07 Maximum Height of Buildings: Twenty-five (25) feet. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). C. Subdivision The Applicant should be aware of the requirements outlined in Section 4:00 of the Zoning Resolution for Preliminary Plan. While this request is essentially a "lot -split", it is still a subdivision which must respond to all the necessary review standards / criteria / issues that are required with larger subdivisions. Staff has outlined areas of concern for the Applicant to consider during the preliminary plan and final plat portion of subdivision in Garfield County. a. Water The dwelling unit on Lot 1A already has a well that serves that property (well permit # 232502). The Applicant has provided a well permit for this well. The cabin on proposed lot 1B is served by a shared well from a neighboring property. The Applicant will need to prove that this water is a legal and adequate source of water. There was no proof such as the well permit that serves the property. In addition, the Applicant will be required to establish a well sharing easement. More specifically, the Applicant is required to effect a well sharing agreement between the two lots (the neighbor who has the well and the lot with the cabin on it) to legally establish 2 • • ownership, use, and maintenance responsibilities. Staff has included this as a condition of approval. Even though both wells currently exist, the Applicant will be required to conduct a 4 hour well test on each well to determine quality and quantity. This is also included as a condition of approval. The Applicant should be aware that the following regulations (Section 4:91) will apply to this subdivision: 4:91 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. B. If a central supply and distribution system is to be provided, a general description of the system, as designed by a Colorado registered engineer. In addition: 1. Nature of the legal entity which will own and operate the water system; and 2. Proposed method of financing the water system. C. If connection is to be made to an existing water system, a letter from an authorized representative of said system staging that the proposed development will be served, and evidence from either the Colorado State Engineer's Office or Water Court, Water Division No. 5, that the existing water system presently possesses an adequate legal water supply to serve the proposed development; 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. b. Waste Disposal Both the primary dwelling unit and the cabin have their own ISDS (Septic / leach field) systems approved by Garfield County. c. Road/Access Both proposed lots (1A and 1B) are currently accessed by a 30' wide road easement from County Road 112. The Applicant will need to provide more detail as to the nature of the easement including ownership, whether or not it is exclusive, who is party to the easement, etc.) 3 • • d. Fire Protection The property is located within the Carbondale & Rural Fire Protection District. The Applicant has not provided a "willing to serve" letter from the District in the application materials. This will need to be addressed. The property in question is extremely vegetated with juniper and sage brush close to the dwelling units and garage. Staff would strongly encourage the Applicant to consider adopting and implementing buffering techniques to increase the amount of defensible space around the units. e. Drainage/Floodplain Issues The property is not located in a 100 year flood plain. The property slopes in a northwest to southeast direction with significant slopes where all drainage would also flow in that direction. At present, the application did not include any information regarding the presence of drainage issues. f. Wildlife The application did not include any information regarding the presence of wildlife; however, on the site visit, Staff did see several mule deer on County Road 112 at the entrance to the subject property. The units and the access roads are already constructed so there would not be further impact to wildlife. in that regard. Neither property was fenced allowing the passage of large game through the sites. g. Soils/Geology The Applicant provided information regarding soils in the area of the property. A brief discussion of the soil types regarding home site development is as follows: Soil type: Empedrado loam, 12 to 25 percent slopes: This deep well drained soil is on side slopes and foot slopes. It formed in colluvium derived dominantly from mixed sedimentary rocks. The surface layer is loam 8 inches thick The subsoil is clay loam about 55 inches thick. The substratum to a depth of 70 inches or more is clay loam. Permeability is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. h. Assessment / Fees ➢ School Impact Fee: The property is located within the Roaring Fork RE -1 School District which requires a school impact fee or land dedication. This cash -in -lieu payment or land dedication shall be achieved pursuant to the calculation in Section 9:80 of the Garfield County Subdivision regulations. In this case, the primary residence on newly created Lot 5 would not be responsible for paying the fee. However, the newly created lot (1B containing the cabin) will be required to make a payment or provide a land dedication as its use has changed to a primary single-family dwelling unit. ➢ Traffic Study Area Impact Fee: As mentioned above, the property is located within the Traffic Study Area 11 which requires $384 per Average Daily Trip (ADT). In this case, there is one existing residence that produces 9.57 ADT based on the ITE Manual. ADT generated from the newly created lot (1B) will produce a total of 9.57 ADT. The resulting Traffic Impact Fee is approximately $3,674.00. 4 • • ➢ Fire Protection Impact Fee: The property is located within the Carbondale and Rural Fire Protection District. The Applicant shall be required to contact the District in order to properly calculate the fees. i. 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." The Sketch Plan comments shall be valid for a period not to exceed one (1) year from the date of the Planning Commission review (valid until 05/14/04). If a Preliminary Plan for the proposed subdivision is not presented to the Garfield County Planning Commission by 05/14/04, the Applicant will have to submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application. 5 e • Additional Comments made at the Planning Commission Meeting included: 1) Jock Jacober asked what the motivation was in this subdivision when the Applicant had recently received a Special Use Permit for a "resort"? In addition, he asked Staff if there were other similarly situated properties with two units that could be split. Staff responded they were unaware of what other properties were similar in the area but that primary units with ADUs could be split in a similar fashion. 2) Kit Chapin asked about whether or not County Road standards would apply to the driveway. Staff responded that the driveway was not shared and each unit had its own driveway accessed from the private road easement (30') from CR 112. 3) The Applicant (Diane) asked about the well pump tests and if they were necessary on the newly constructed house. Staff and the Commission agreed that she would at the very least need to prove that a recent test was done and that the BOCC would be the final decision maker on the issue. 4) Staff reiterated that lot splits are subdivisions and they had to respond to all the standard criteria that larger more complex subdivisions do and it could become costly to the Applicant. 5) The following items will need to be more clearly addressed for preliminary plan: a. Well pump tests for both wells; b. Show topography on the Preliminary Plan pursuant to Subdivision requirements; c. Submit protective covenants; d. Create unincorporated Home Owners Association to administer covenants; e. More fully describe nature of private road easement f. Pay School Land Dedication Fee / Road Impact fee 6