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HomeMy WebLinkAbout2.0 Staff Report PC 06.11.03PC: 6/11/03 TP PROJECT INFORI\{ATTON AND STAFF COMMENTS TYPE Otr'REVIE\\/: STJMMARY OF REQUEST: APPLICANT: REPRESENTATIVE (S): LOCATION: WATER SEWER: ACCtrSS: EXISTING ZONING: ADJACENT ZONtrNG: Sketch Plan A request for review of thoSv/celuakflWu,,a,irSketch Plan Kevin and Sandra Story Sid Fox of Fox & Corapany The property is located 0193 Sweetwater Road, irnrnediately to the west of the county line of Eagle and Garf,reld Counties. Well and Gamon Ditch rights Individual Sewage Disposal System (ISDS) Sweetwater Road (County Road 150) A/ R/ RD (Agricultural / Rural / Residential Density) A/R/RD Sweetwater Perennials Subdivision Sketch Plan PC: 6111103 Page 2 I" DESCRIPTION OF PROPOSAL: 1. Development Proposal: The Applicant is proposing to subdivide approximately 18 acres site into 3 lots consisting of approximately 4 acres, 5 acres and 9 acres. The purpose of the subdivision is to separate the residential interests from the agricultural / horticultural interest in order to obtain long term financing. 2. Site Description and Existing Conditions: The subject property is currentiy improved with a single family residence and various horticultural out-buildings. The Applicant is currently installing a pond irnmediately to the south of the residence. The Gannon Ditch traverses the property from west to east, and is located north of the residence and all existing improvements. No improvements are proposed north of the ditch. Along side the ditch is a well-defined road used for the purpose of ditch maintenance. There are two very distinct gullies that pass through the property. One gully is located above Lot 1 and the other gully is located between Lots 2 and 3. Access to the property is via a gravel drive off of County Road 105 (Sweetwater Road), which will be shared by all lots. 3. Proposed Uses: The Applicant is proposing the following uses on the lots as a result of the subdivision of the subject property: A. Lot 1: Single family residence and an accessory dwelling unit B. Lot 2: Existing single family residence C. Lot 3: Single family residence and accessory dwelling unit The agricultural uses on the property will consist of uses such at gardens, greenhouses, nursery, and orchards which are uses that are allowed by right in the A/R/RD zone district. Currently all the agricultural uses are on Lot 1. The main residence is on Lot 2 and Lot 3 will also be used for agricultural uses. 4. Adjacent Land Uses: The following land uses surround the subiect site: A. East: BLM land B. South: Vacant, however, associated with the development across Sweetwater Road. C. West: Single family residence D. North: Associated with the private property to the west. 5. Applicability: Pursuant to Section 3:00 of the Subdivision Regulations, the Sketch Plan is the initial review of any subdivision proposal to determine the conforrnance of the subdivision with the County's Subdivision Regulations and with any other applicable regulations, resolutions or plans. Sr.veetwater Perennials Subdivision Sketch Plan PC 6111103 Page 3 II.REVIEW AGENCY AND OTHER CON{MENTS: The application was referred to the following agency (ies) for comrnents. Comments that were received have been integrated throughout this rnemorandum where applicable. 1. Eagle County Planning Departrnent: Exhibit D. 2. Eagle RE-50: Exhibit C. 3. Bureau of Land Management: No comments. 4. Garfield County Road and Bridge: Exhibit A. 5. Garfield County Vegetation: Exhibit E. III. SKETCH PLAN (SECTION 3:00) All Sketch Plan comrnents are kept on file in the Planning Departurent offrce. The Sketch Plan comments shall identify issues applicable to the subdivision proposal, with the comments subject to change, if there are changes in the circumstances, documents or regulations used as the basis for comments. Completion of the Sketch Plan process shall, in no way, constitute approval of the proposed plan. The Planning Cornmission shall review the application for consistency with the standards and polices set forth in the following: A. Garfield County Subdivision Regulations. B. Garfield County ZoningResolution. C. Garfield County Comprehensive Plan. D. Garfield County road standards and policies. E. Garfield County municipal comprehensive plans and rnunicipal regulations, as applicable. F. Other applicable local, state, and federal regulations, resolutions, plans and polices, as applicable. IV. STAFF COMMENTS A. Comprehensive Plan: The subject property is located with Study Area 4 in the Garfield County Comprehensive Plan. There are no recomrnended densities within Study Area 4. B. Zoning: The minirnum lot size per dwelling unit in the A/R/RD zone district is 2 acres. The three lots being created are greater than2 acres in size. Sweetwater Perennials Subdivision Sketch Plan PC: 6lll/03 Page 4 C. Subdivision: Pursuantto section l:21 of the Subdivision Regulations: "Tlr.e Subdiuision Regulations [were] are designed and enactedfor the purpose of promotittg th.e h.ealth., safety and u:elfare of th.e pt'eserut andfutu.re inh.abitan.ts of Garfield Courrty by encouraging orderly d.euelopnrent, in. accordu,nce uith established Coun.ty pol.icies and plans and, infurth,erance, of the general policy of balancing tlte diuersifi,ed needs of a cltanging population, includ.ing lessen.ing congestion on streets or roads, reducing u)ater in excessiue anlounts of roads, securing safety fromfire, flood u)aters ancl otlter dangers, prouidhr.g adequ,ate ligltt and air, classifying land uses and th.e distribution of lan.d deuelopment and utilization, protecting the tax base, securhtg ecoruonly in gouernmental expen.ditures, fosterittg agricuhural and. oth.er hrdustries, anld protecting both urban arud non-urban deuelopntent." The Applicant shall be aware of the applicable General Site Standards outlined in Section 9:00 of the Subdivision Regulations, which include: 9: I I In designing and planning individttal lots and streets layoutfor a subdivision, the constructed improvetnents and engineering design shall conform to the provision of Section 9:00, as well as to other applicable Garfield County land use regulations. 9: I2 Land subject to identified natural hazards, such as falling rock, land slides, snow slides, mud flows, radiation, Jlooding or high water tables, shall not be plattedfor any use other than open space or an uninhabitable portion of a lot over nuo (2) acres, unless mitigation is proposed by a colorado registered professional engineer qualified to do strch design. 9: I3 Development plans shall preserve, to the maxiruunt extcnt possible, nattu'alfeatru,es such as unusual rockformations, lakes, rivers, streams and trees. Where appropriate, the ntbdivider may be reqtdred to dedicate lands to lot owners to preserve thesefeatures. In no case shall lots be designed such that a dv,elling unit will be located closer than thirtyfeet (30) to a live stream, lake or pond, regardless of tltefact thatfloodplain regulations nmy allow dwelling units located closer in some instances. 9: I5 One (1) dog shall be allowed for each residential unit withtn a sttbdivision; and the dog sliall be required to be confined v,itlin the owner's property botmdaries. The requirement shall be included in the protectit'e cotenants for the subdivision, with enforcentent provisions allowingfor the removal of a dogfi'ont tlze vrbdivision as afinal remedy in w,orst cases. (99-096) 9: l6 No open hearth, solid-firclfireplaces are allov,ed anyu'here within a sttbdit'ision. One (t) new solid-firc\ burning stot'e, as defined by C.R.5.25-7-40l,et.seq., and the regulations promttlgated theremder, shall be allov'ed in any dwelling rmit. All dw,elling units shall be alloy,ed an unrestricted nuntber of nahu"al gas btu'ning stot,es and appliances. (99-096) Sweetwater Perennials Subdivision Sketch Plan PC: 6/i 1/03 Page 5 9:17 Each subdivision shall hate cottenants requiring that all exterior lighting shall be dir.ected inward, towards the interior of the subdivisiott. (99-096) 9:18 No fttrtl'ter subdivisiort of a recor"ded subdivision shall be allowed, except y,here it is provided for in an approved Prelintinary Plan or when the zoning of the property allows for rrutlti-family Auelling units as a use by rigltt and the application is for a multi-family dwelling mtit. 9: 2 I Lot size, width, depth and shape shall be appropriate for the type of development proposed and shall meet or exceed the ntinimtrnt lot size requirements of the Garfield County Zoning Resolution or PUD regulations, where applicable. D. Water: The Applicant noted that the proposed source of water supply will be from wells and ditch rights. A Water Resource Plan ("Plan"), which the Applicant noted was conducted by Wright Water Engineering, Inc. and Balcomb and Green, although there is no evidence of this, was included with the application. According to the Applicant, the purpose of the plan is to outline the basic approach to developing a legal and physical water supply for the proposed subdivision. According to the Plan, the subdivision will have two basic water supply systems. Wells will provide potable water to serve the dornestic \ in-house needs, plus some limited irrigation. Each of the three lots will have at least one well. The water source for the non-potable water systern will be diversions from Sweetwater Creek by means of the Gannon Ditch. The Gannon Ditch will provide water for irrigation and filing of ponds. Irrigation water wilt be used for nursery operations and to irrigate the open space \ pastures. There is an exempt well (Permit No. 158441) on Lot 2. Acopy of this well was not submitted with the application. The Applicant noted that the project will need to obtain new well permits. The Applicant noted that the new permits can only be issued after the augmentation plan is decreed. In summary, the Applicant indicated that 1) to meet the proposed irrigation needs, the subdivision will use its historic Gannon Ditch water rights that are diverted from Sweetwater Creek, and new water rights are being appropriated for a Gannon Ditch enlargement to fill on-site ponds for operational needs and to augment out of priority Gannon Ditch and well rights; and2) a seconcl augmentation source will be obtained from Wolford Mountain Reservoir by contract with the Colorado River Water Conservation District. Wolford Mountain Reservoir releases can augment downstream calls coming from the Colorado, such as Shoshone and Cameo The Applicant also noted that at Preliminary Plan evidence that a water supply, sufficient in terms of quality, quantity and dependability, shall be provided to ensure an adequate source of water for the proposed subdivision (refer to section 4:91 of the Subdivision Regulations). Sweetwater Peremials Subdivision Sketch Plan PC: 6i 11/03 Page 6 The Applicant shall also take into consideration the following for water supply at Prelirninary Plan application: 9:5I An adeqtmte potable and irrigation water supply shall be available to all lots u,ithin a subdivision, tabing into consideration peak deruands to service total detelopntent population, irrigation uses, and adequatefire protection requirentents in accordance with recognized and ct ts tomary engineering standards. 9:52 Individual wells may be used as the water stpply, proviclecl the applicant has stbmittecl the required documentation to the appropriate water colu't, and the Colorado Division of Water Resources will approve well drilling pernits for all lots within the development. E. Wastewater: The existing residence currently utilizes an individual sewage disposal system (ISDS). The Applicant indicated that ISDS will be utilized for the new lots. With respect to sewage disposal, the following standards will apply to the Prelirninary Plan application: a:92(D) If no central sewage treatment works is proposed and individttal sewage disposal systems will be utilized, a description of sewage, the disposal means, as well as evidence as the result of soil percolation tests and produce excavations to determine maximttm seasonal ground water level and depth to bedrock shall be provided. In addition: I. Indicated by location on the plat; 2. Performed and signed by a registered professional engineer licensed by the State of Colorado; 3. Adequate in rutmber and location to meet requirements of the Ga$eld County Individual Sewage Disposal Requirements and the Coloraclo Department of Pttblic Healtlt, Water Quality Control Commission; and a:92(E) If individual sewage disposal systetns are to be utilized, a proposed management planfor the operation and maintenance of on-site systems shall be provided. 9:61 Disposal by individual sewage disposal systems may be permitted, provided lot sizes are consistent with the Garfield County Zoning Resoh,ilion. Individual systems must hat,e representative soil absorption tests performed by a qtnlified engineer registered to perform such tests in the State of Colorado. F. Access: There will be only one access point onto Sweetwater Road (County Road 150). Access to the proposed lots will be by means of a shared access easement which will be established across Lot 2 to assure legal and physical access to Lots 1 and 3. Bobby Branham of the Road and Bridge Department provided the comrnents regarding access and culverts which can be seen in more \tail in Exhibit A. Sweetrvater P erennials Subdivision Sketch Plan PC: 6111103 PageT fhe Applicant shall be aware of the Street and Roadways standards in section 9:30 of the Subdivision Regulations. In particular section 9:34 which reads, "all streets are dcdicated to the public but all . freets u'ill be constructed to standards consistent with lthe Subdivisionf Regttlations and repair and / maintenance shall be the responsibility of the incorporated Honrcowners Association of the' subdivision." Therefore, the shared driveway shall not be identified as an easement but a right-of-way. Pursuant to Section 4.94 of the Subdivision Regulations, a part of the County's Capital Improvement Plan, the Board has established traffic study areas. The subject property lies within Traffic Study Area l2 of the Capital Improvements Plan. Since a base road cost per average daily trips for Study Area 12 has not been established, the Applicant will not be subject to road impact fees for this project. G. Soils/Topoeraphy/Radiation: According to the soil survey, from USDA Soil and Conservation Service, Forelle-Brownsto complex, 12 to 25 percent slopes (#a ) is located on the subject property. The interpretation tables for this type of soil can be seen in rnore detail in the application. It appears that the main limitation for horne-site development on this property, based on this soils type, is slope. The Applicant noted there are no known radiation hazards on the site. The Applicant shall note that pursuant to Section 4:60 of the Subdivision Regulations, a radiation evaluation will be required as part of the Preliminary Plat process. The property slopes in northeasterly direction from Sweetwater Road. The topography on the property is distinct. All improvements are south of the Gannon Ditch, where the slopes are less tharr40Yo. North of the Ditch, the slopes are greater than 40Yo. H. Fire Protection: The property is located within an area of the County that is not covered by a fire protection district. Within unincorporated areas of the county, which are not covered by a fire protection district or a municipality providing fire protection services, the County Sheriff s Department acts as the fire warden (CRS 30-10-512 & CRS 30-10.513.5(D). Attached to this memoranduln are CRS 30-10-512 and CRS 30-10-513.5 for reference. Staff encourages the Applicant to work with the Garfield County Sheriffls Department with respect to fire protection for the subdivision. The following standards (Section 9:70) will apply to the Preliminary Plan application: 9:71 Subdivisionfi.re protection plans shall be ret'iewed by the appropriatefire protection distr"ict to ensure that all lots hove prinzary and secondary access points to escape fire entrapment. 9:73 l(/here tltere is no central water system available, a central locatedfire protectiort storage tank shall be designed to nxeet thefire protection needs of the subdivision and be approved by the appropriate fire district. 9:74 lYqter r.sedforfire protection ptu?oses does not have to be potable water and ntay befi'ont a source separate ft"om the dontestic stpply. S weetwater P erennials Subdivision Sketch Plan PC: 6111103 Page 8 L Drainage/Floodplain Issues: The application does not discuss drainage or floodplain issues. There do not appear to be floodplain issues on the subject property. The Applicant should be aware that the Preliminary Plan phase will require a Drainage Plan prepared by an engineer registered in the State of Colorado (refer to section 4:80 of the Subdivision Regulations). The Applicant should also be aware of the following subdivision standards outlined in Section 9:40 of the Subdivision Regulations. 9:41 Drainage easerucnts, channels, culverts and reqrtired briclges shall be designecl by an engineer registered in the State of Colorado. 9:42 All drainagefacilities sltall be designed based on a twenty-five (25) yearfrequency storm. 9: 4 3 Where new developments create rtnt-off in excess of historic site levels, tlrc use of detention ditches and ponds may be requircd to retain up to a one hmtdred (100) ycar storm. 9:44 All ctilverts shall be designed sttch that the exposed ends are protected by encasement in concrete or extended a ruinimum of threefeet (3 ) beyond the driving surface on each side. Culverts, drainage pipes and bridges shall be designed and constructed in accordance with AASHO recontmendations for an H-20 live load. J. Wildlife: The application does not contain any analysis of wildlife irnpacts or propose any wildlife mitigation. At the time of Preliminary Plan, pursuant to section a:70(D) of the Subdivision Regulations, the Applicant shall provide a description of the wildlife habitation on the subject property. Staff encourages the Applicant to make use of the County's GIS capabilities in finding out about wildlife habitat and encourages the Applicant to contact the CDOW in order to gain their input on the project. K. Assessment / Fees: Pursuant to Section 9.80 of the Subdivision Regulations, the Board of County Cornmissioners may seek land or cash-in-lieu of land for parks and / or schools during the subdivision review process when such are reasonably necessary to serve the proposed subdivision and future residents. School site or park acquisition cash in lieu shall be based upon a study of the fiscal impact on the district by new subdivision development, approved by tlie Board of County Commissioners and Planning Cornrnission. Lynda Ruggeberg of the Eagle County School District RE 50J provided a copy of the school land dedication or cash in lieu formula that is utiiized by the School District (Exhibit C). Staff will encourage that tlie Planning Commission and Board of County Commissioners to utilize this formula for site acquisition fee for the School District for the project. Sweetwater Perennials Subdivision Sketch Plan PC: 6111103 Page 9 L. Utilities: The Applicant noted that anticipated source of electricity will be fi'om an extension of the existing Holy Cross Electric line. The anticipated source of telephone will be Century Tel. No cable TV service will be available to the lots and there is no local source of natural gas. All new utility extensions Ehall be- -buried. M. Ditcl-res: The Gannon Ditch traverses the property frorn west to east. The Applicant noted that the existing ditch will remain in its existing location and will not be significantly impacted by the proposal. Easements shall be provided for all existing and proposed ditches. N. Weed Managernent: No vegetation management plan u,as submitted with the application. The Applicant sl-rall note that pursuant to section 4:70(C) of the Subdivision Regulations, "a ntap and description of plant associations follov,ing practices of the Soil Conservation Sen,ice and including a description of adaptcd ntaterials and the location of ntajor tree masses " shall be submitted at Prelirninary Plan. Comments were received from Steve Anthony, the County's Weed Management Specialist, which can be seen in Exhibit E. The Applicant is cncouraged to work with Mr. Anthony regarding weed rnanagement on the property as outlined in Mr. Anthony's comments. O. Accessory Dwelling Units: The Applicant indicated that accessory dwelling units are proposed on Lots 1 and 3. in the A/R/RD Zone District, pursuant to section 3.02.01of the ZoningResolution, "accessoty dwelling unit approved as part of a public hearing or meeting on a subdivision or subdivtsion exemption or guesthouse special use approved after 7/95 and meeting the standards in Section 5.03.21" is a use by right. r ' Pursuant to section 5.03.21 of the ZoningResolution, "Ltse of a strurctttre as an accessory dwelling unit whether approved by Special Use, use by right in a new subdivision approval, or on an existing lot mwt nteet thefollowing standards, as well as all other standards applicable to residential ttse: The ruinimtrm lot size shall befour (4) acres containing a building site with slopes less than 40% at least two (2) acres in size. The gross floor area for residential use occttpancy shall not exceed 1500 sq. ft. Approval.fi'oru the subdivision homeowners association and/or allowed by cotenant if applicable. 4. Proof of a legally adeqtrute source of v,aterfor an additional dwellittg rmit. 5. Compliance v'ith the Cor,tnty indit,idual sewagc disposal systenx regttlations or proof of a legal abilitl, to connect to an approt,ed central sewage treatmentfacility. Orily leasehold interests in the du'elling r.utit is allowed. That all constnrction contplies with tl'te appropriate Comty btdlding code requirentents. At Preliminary Plan, the Applicant shall provide evidence that the proposed four accessory dwelling units comply with section 5.03.21 of the zoning Resolution outlined above. t. Sweetwater Peremials Subdivision Sketch Plan PC: 6/11/03 Page 10 P. Additional Comments: Comments were received from Cliff Simonton of the Eagle County Cornrnunity Development Department (see Exhibit D). Mr. Simonton noted that the following items should be considered by the Applicant for the project: The ability of Sweetwater Road to adequately and safely handle the traffic anticipated from the proposed development. Safe sight distance requirements at the intersection of the proposed driveway and Sweetwater Road. 3. A requirement for engineered septic systems, given the apparent proxirnity of the project to Sweetwater Creek. The response time of the Gypsum Fire Deparlment to the site, and the need for both an on- site fire fighting water supply, and the application of siting and construction practices designed to minimize wildfire hazard. Impacts to wildlife, and that fact that Eagle County Master Plan map indicate this area as deer and elk winter range, elk severe winter range, and a likely location for Golden Eagle nest sites. 6. The general compatibility of the project with adjacent dwelling unit densities, and the possibly setting of precedence for similar development along Sweetwater Creek. a. Mineral Riehts: The application does not discuss ownership of the mineral rights. The Applicant should take special caution to be sure to properly notifu the mineral rights owners and lessees of any public hearings concerning this project (pursuant to sections a:21(2) and 4:31(2) of the Subdivision Regulations). R. Recomrnended Plat Notes/ Covenants: Please note that the County requires the following plat notes 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 rnay 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 buming 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 buming stoves and appliances. 1. ) A'1. 5. Sweetwater P erennials Subdivision Sketch Plan PC: 6111103 Page 1 1 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 leam 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 & Srnall Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. All exterior lighting will be the minimum amount necessary and all exterior lighting will 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. 5. One (l) dog will be ailowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. The one dog requirement will likely be an in issue for the property owner, since there are approxirnately four dogs on the subject property. V.CONCLUSION: 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 June 11,2004). If a Prelirninary Plan for the proposed subdivision is not presented to the Garfield County Planning Commission by June 11, 2003, the Applicant will have to submit an updated Sketch Plan application to the Planning Department for review and comparison with the original application. Exhibits A. Letter frorn Bobbie Branharn, Garfield County Road and Bridge, dated October 15,2002 B. CRS 30-10-512 and CRS 30-10-513.5 C. Eagle County District RE 50J School Land Dedication / Cash in Lieu formula D. Letter frorn Eagle County Community Development Department dated May 23,2003 E. Letter from Steve Anthony, Vegetation Management Director, dated May 28,2003 3. 4.