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HomeMy WebLinkAbout0.1 Project DescriptionOrchard Creek Ranch GARFIELD COUNTY Minor Subdivision Application Applicant: Kirstie Steiner Prepared by: TGMC, LLC Date: February 2020 4111 TGMC.IIc Land Use Planning • Site Design - GIS Analysis Public Process Orchard Creek Ranch Minor Subdivision Application February 14, 2020 1 Applicant: Kirstie F. Steiner Orchard Creek Ranch, LLC 0156 County Road 137 Glenwood Springs, Colorado 81601 Land Use Planner: Tim Malloy TGMC, LLC 402 Park Drive Glenwood Springs, Colorado 81601 Phone: 970-945-0832 tim@tgmalloy.com Engineering: Deric J. Walter, PE Boundaries Unlimited 923 Cooper Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5252 Deric@bu-inc.com Attorney: Sara Dunn Balcomb & Green P.O. Box 790 Glenwood Springs, Colorado 81602 Phone: 970-928-3467 Barad@balcombgreen.com 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 List of Exhibits Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: Exhibit 14: Exhibit 15: Exhibit 16: Exhibit 17: Exhibit 18: Exhibit 19: Exhibit 20: Exhibit 21: 2 Application Form Payment Agreement Form Ownership Documentation (Deed and Title Report) Public Notice Mailing List Mineral Rights Report & Certificate of Mineral Owner Research Statement of Authority & Letter of Authorization Pre -application Conference Summary Minor Subdivision Plat Site Plan Water Supply Documentation Draft Well -Sharing Agreement Wastewater Management Plan Comparable Market Analysis (CMA) Colorado Geologic Survey Payment Form Grading & Drainage Report Driveway Permit Traffic Analysis Certificate of Taxes Due Road Impact Fee Receipt BOCC Resolution No. 91-102 1991 Subdivision Exemption Pat ("Brown Exemption Plat") List of Figures Figure 1: Figure 2: Figure 3: Vicinity Map Wildlife Habitat Map Wildfire Susceptibility Map (Excerpt) 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 3 DESCRIPTION OF REQUEST/BACKGROUND This application is being submitted on behalf of Orchard Creek Ranch, LLC (Applicant). The Applicant owns a 25.67-acre parcel (Subject Property) located along the east side of County Road 137 at the intersection with US Highway 6, just west of Glenwood Springs (see Figure 1 - Vicinity Map). The property is referred to as Parcel A of the Brown Subdivision Exemption. The property contains an established apple orchard and is a well-known landmark at the entry to the Canyon Creek Valley. The Applicant wishes to divide off a two -acre parcel from the Subject Property which will contain the Applicant's recently completed home (new residence). The proposed subdivision was identified as being eligible for review under the minor subdivision process as described in Section 5-301 of the Garfield County Land Use and Development Code (LUDC). This application was prepared in accordance with the Pre -application Conference Summary form provided by the Community Development Department on August 22, 2019 (Exhibit 7) The Subject Property was part of a prior subdivision exemption which was granted in December of 1991, pursuant to BOCC Resolution No. 91-102 (Exhibit 20). At that time, the property was divided into Parcels A and B. Parcel A is the current Subject Property and Parcel B is a 2-acre lot located at the southeast corner of the Subject Property. Parcel B was retained by the then owner of the fathering parcel and Parcel A was sold to another party and was eventually acquired by the Applicant. Parcel B is shown on the Site Plan included with this application (Exhibit 9) and is accessed off the frontage road adjacent to 1-70, also referred to as Highway 6. A subdivision exemption plat was recorded pursuant to the 1991 subdivision exemption approval under the name "Brown Exemption Plat" (Exhibit 21). Note 6 of the Brown Exemption Plat states that "future subdivision exemptions shall be limited to a maximum of a total of three (3) parcels to be created from Parcel A." The Applicant is seeking approval to further subdivide Parcel A into two parcels as described above and as depicted on the proposed subdivision exemption plat (Exhibit 8). The new parcels will hereafter be referred to as Steiner Parcel A (23.67- acre parcel) and Steiner Parcel B (2-acre parcel). The Subject Property is a long, narrow parcel which is bordered by CR 137 on the west and by Canyon Creek on the east. The right-of-way for Highway 6 and 1-70 abuts the south end of the property and to the north is a parcel owned by the Roaring Fork School District which contains an historic building that is used on a limited basis for meetings/gatherings. The surrounding area is developed with large rural -residential lots. The Canyon Creek Estates Subdivision is located on the plateau to the east. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 0 TGMC.ii._ I nnd,lsn Pim nlnrg•.,ilo Dragign• As A nntysiz• Pohlir. PFOC...; 1 2 3 4 ORCHARD CREEK RANCH - MINOR SUBDIVISION 4 mi Figure 1 - Vicinity Map Kirstie Steiner - Orchard Crek Ranch, LLC 0156 County Road 137 Glenwood Springs, CO 81601 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 5 The Subject Property contains several existing structures, including the new residence that will be located on proposed Steiner Parcel B. The other buildings are all located on what will become Steiner Parcel A and are labelled on the attached Site Plan. These structures include several storage sheds and two existing barns, one of which is a two-story building that contains an existing dwelling unit on the upper floor. All but one of these agricultural buildings are located near the south end of the property. The remaining agricultural building is a loafing shed which is located at the north end of the apple orchard. The property also includes a 5.4-acre apple orchard and a 1.5-acre hay field, both of which are located in south half of the property. NONCONFORMITY ISSUE The existing dwelling unit located on the upper floor of the barn contains approximately 1,600 square feet, which exceeds the maximum allowed floor area permitted for an accessory dwelling unit (ADU) under Section 7-701(A) (1) of the LUDC. As a result, when the new residence was constructed on the Subject Property, the existing residence over the barn created a non -conforming condition. Since the existing dwelling does not qualify as an ADU, it is considered a Secondary Dwelling Unit subject to the provisions of Section 7-701(B) of the LUDC. A secondary dwelling unit requires administrative review approval in the Rural zone district pursuant to Table 3-403 of the LUDC. The Applicant was not aware of this requirement and the issue was not raised by the County during the building permit review for the new residence. As a result, the required administrative review approval was not obtained, and the Subject Property became non -compliant since it includes two residential structures both of which exceed 1,000 square feet of floor area on a single legal parcel. The applicant discovered this issue after the pre -application conference for the proposed minor subdivision had already been completed. Ordinarily, the County would not consider a land use change or subdivision application for a property which is out of compliance with the LUDC. However, this issue was discussed with the Community Development Department staff and it was determined that the best solution would be to proceed with this minor subdivision application since dividing the property is one of the available solutions for resolving the non-compliance. The proposed subdivision will create two separate legal parcels each with a single primary dwelling unit. SUBMISSION REQUIREMENTS The following is a list of the submission requirements for the requested Minor Subdivision as identified in the Pre -application Conference Summary. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 6 Minor Subdivision (Section 4-203, Table 5-401 (A,C,E and H) and Section 5-402(F)) 1) General Application Materials including a copy of the application form (Exhibit 1), application fees, signed Payment Agreement Form (Exhibit 2). 2) Proof of Ownership (title work, copy of the deed) and information on any lien holders (Exhibit 3). 3) A narrative describing the request and related information (provided in the body of this application). 4) Names and mailing addresses of properties within 200 feet of the Subject Property (Exhibit 4). 5) Mineral rights ownership for the subject property including mailing addresses and/or a description of how mineral rights were researched (Exhibit 5). 6) If owner intends to have a representative (Planner or Attorney) a letter of authorization to represent is needed (Exhibit 6). 7) Copy of the Pre -application Summary (Exhibit 7). 8) Vicinity Map including areas within approximately 3 miles (Figure 1). 9) The Proposed Minor Subdivision Plat meeting the standards in Section 5-402(F) and all required certificates and showing the proposed lot lines and all easements existing and proposed, including utility and access easements (Exhibit 8). 10) Site Plan and related information including topography and existing improvements on the Subject Property (Exhibit 9). 11) Water Supply Plan including information on legal water (well permits), well pump test along with water quality testing (Exhibit 10). If the well is to be shared, then a draft well sharing agreement (Exhibit 11). 12) Wastewater Management Plan needs to include information on the existing OWTS and, as appropriate, information on the feasibility of a future system on the proposed lot (Exhibit 12). 13) Any existing or proposed covenants on the property (None existing or proposed). 14) Information as applicable to demonstrate compliance with provisions of Article 7 Standards, Divisions 1, 2, 3, and 4 (see narrative in this application). 15) Appraisal for School Impact Fee, per Section 7-404 (Exhibit 13). 16) Form and payment for the Colorado Geological Survey (CGS) review (Exhibit 14). 17) Engineering Reports, as applicable per Table 5-401, Minor Subdivision, A) Roads, Trails, Walkways, and Bikeways (Not Applicable); C) Sewage Collection and Water Supply and Distribution System (Exhibits 10 and 12); E) Groundwater Drainage (Exhibit 15); and H) Preliminary Cost Estimates for Improvements (Not Applicable). 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 7 REVIEW CRITERIA (Section 5-301 & Section 7, Divisions 1 through 4) Section 5-301 Minor Subdivision Review Criteria Section 5-301 of the LUDC provides the following eleven review criteria for subdivisions meeting the requirements for a minor or administrative review. Compliance with these criteria is addressed below. The actual code language of the criteria is highlighted in bold text. 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. Response: Compliance with the standards in Article 7, Divisions 1 through 4, is addressed in the next section of this application. 2. It is in general conformance with the Comprehensive Plan. Response: The Comprehensive Plan (Comp Plan) includes relatively few policies which provide direct guidance with respect to the proposed subdivision. Compliance with the Future Land Use Map and the applicable policies in the Comp Plan is addressed in the following paragraphs. Chapter 2 - Future Land Use The Future Land Use Chapter of the Comp Plan establishes the broad land uses and density (number of units/acre) for future development within the County. The Subject Property is located within the Residential Medium -High Density (RMH) future land use category on the Future Land Use Map (FLUM) in the current Garfield County Comprehensive Plan. The RMH land use category allows residential development at a density of 2 acres to <6 Ac/Du. The proposed subdivision will result in a gross density of 12.84 Ac/Du, which is well under the recommended density. The Comp Plan also recommends the preservation of open space for new development with densities greater than 1 DU per 6 Acres. Since the proposed subdivision results in a density less than 1 DU per 6 Acres, no open space preservation is required. The FLUM shows that the Subject Property is not located within any urban growth area, unincorporated community or water and sewer service area. Nor is there any regional employment center, town center, rural employment center or village center mapped in the area where the Subject Property is located. Chapter 3 - Plan Elements • Section 1 - Urban Growth Areas and Intergovernmental Coordination 402 Park Drive - Glenwood Springs • Colorado - 81601 - P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 8 Goal 4: This goal expresses the County's desire to retain rural character outside of Urban Growth Area (UGA) limits. As stated above, the Subject Property is not located within any UGA. The proposed subdivision is consistent with this policy since it creates a single additional lot, which will encompass an existing residence. As a result, no further development is contemplated in association with the proposed subdivision and the existing agricultural uses will remain. • Section 5 - Recreation, Open Space and Trails (Policy #4): This policy encourages the dedication of fishing or recreational easements for projects that are adjacent to streams or rivers with fishing or rafting potential. The Subject Property is bordered on the east by Canyon Creek. However, Canyon Creek does not have any rafting potential and has minimal potential for fishing. • Section 6 - Agriculture Goal #3: This goal seeks to preserve scenic and visual corridors in the County. The Subject Property is located entirely within the mapped visual corridor associated with 1-70. However, there is no additional development associated with the proposed subdivision and no significant visual impact will result from the subdivision. The travel lanes of 1-70 are slightly lower in elevation than the Subject Property and there is some existing vegetation along the south side of the Subject Property which provides additional screening from the direction of 1-70 and Highway 6. As a result, only the southernmost existing barn is visible from 1-70. The new residence on the proposed 2-acre parcel is not visible from 1-70 and has minimal visual impact from CR 137. Policy # 1: This policy states that agricultural land will be protected from infringement of higher intensity uses. The Subject Property includes a working apple orchard and a small hay field, both of which are located in the southern half of the property. The proposed subdivision will create a separate lot that will contain the new residence which is located to the north of the orchard. The Applicant intends to continue to maintain the agricultural uses on Parcel A of the subdivision. Policy #2: This policy discourages development at densities greater than the underlying zoning if the proposed development would adversely affect the adjacent agricultural operations. The Subject Property is located within the Rural zone district which allows residential lots with a minimum lot area of two acres. The proposed subdivision includes two lots that are two acres or greater in size and comply with the underlying zoning. As stated previously, 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 9 the subdivision represents a gross density of less than 1 DU per 12 acres. In addition, the proposed subdivision has been designed to avoid any adverse effect on the existing on -site agricultural uses. There are no active ranches in the vicinity of the Subject Property and the proposed subdivision will have no adverse effect on any nearby agricultural use. Action Item #4: This action item requires that all final plats include a note indicating that Garfield County has adopted a Right -to -Farm policy. This language is included in Note #8 of the draft Subdivision Exemption Plat (Exhibit 8). • Section 7 - Water and Sewer Service (Goal # 1 and Policy #3): These policies are intended to ensure the provision of legal, adequate, dependable, cost- effective and environmentally sound sewer and water service for all development. This requirement is also incorporated in the LUDC and is addressed in the responses to the appropriate code sections in this application. • Section 8 - Natural Resources Policy # 1: This policy states that the County will encourages and cooperate with the protection of critical habitat including state and federally protected, threatened, or endangered species. There are no state or federally protected threatened or endangered species habitats mapped for the Subject Property. However, the property is mapped for Elk and Mule Deer habitat, among others. The LUDC includes provisions in Section 7-202 related to the protection of wildlife habitat areas. Compliance with the provisions in this section are addressed later in this application. The proposed subdivision complies with this policy as well as the applicable provisions of the LUDC. Policy #2: The language of this policy indicates that Garfield County will encourage the protection of watersheds, flood plains, and riparian areas. The riparian area and floodplain associated with Canyon Creek encroach onto the Subject Property. The LUDC includes more detailed language addressing the protection of these environmental resources and compliance with these provisions is addressed later in this application. The proposed subdivision will not adversely affect any riparian habitat, nor any portion of the floodplain associated with the Canyon Creek. More specific information related to the floodplain associated with Canyon Creek is provided in the response to criteria number seven below. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 10 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Response: Domestic water for the Subject Property will be provided by a single existing well which will serve both lots. Exhibit 10 includes several documents which provide evidence of adequate legal and physical water supply. These documents include a letter from Balcomb and Green summarizing the legal water supply for the property, the well permit, well construction and test report and the water quality report. The well permit allows for the withdrawal of 55 g.p.m. for domestic use in 12 single-family dwellings, irrigation of 12,000 square feet of home gardens and lawns and the watering of 12 head of livestock. The Applicant intends to use the well to serve two single-family dwellings, irrigation of up to 15,600 square feet of landscaped area and 8 head of livestock. The Applicants are in the process of obtaining a new West Divide Water Conservancy District to reflect the current intended use of the property. The water quality report shows that the water from the well meets all State standards for drinking water. The water exceeds the suggested hardness limit, but this can be easily addressed and is not a health concern. Since both lots will be served by a single well, the Applicant has provided a draft Well -Sharing Agreement (Exhibit 11) as require in the Pre -application Summary Form. This agreement will have limited utility in the near term since the Applicant will continue to own both parcels for the foreseeable future. 4. Satisfactory evidence of adequate and legal access has been provided. Response: Access for the Subject Property is provided from County Road 137 (CR 137) via an existing driveway entrance located directly across from the access drive for the adjacent parcel to the west. This access point will serve both proposed Steiner Parcels. The driveway entrance is located on the inside of a slight curve in CR 137 which allows for good sight distance in both directions. An access easement across Steiner Parcel A will provide legal access to County Road 137 for Steiner Parcel B as shown on the Subdivision Exemption Plat. The driveway that serves the new residence on Parcel B has already been constructed within the proposed easement shown on the Subdivision Exemption Plat. A driveway permit for this driveway was issued by the County Road and Bridge Department (Exhibit 16). This application also includes a traffic analysis for the proposed subdivision, which was prepared by Boundaries Unlimited (Exhibit 17). According to this analysis, the proposed subdivisions is only expected to generate an additional 9.57 trips on CR 137. This represents a 4.1 percent increase over current traffic, based on existing trip data provided by the County's Road and Bridge Department. The report states that "given the minor traffic increase compared to existing conditions, no roadway or intersection improvements appear to be warranted to Canyon Creek Road (CR # 137) or Highway 6 for this minor subdivision." 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 11 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. Response: All required utilities for both parcels exist on the property and have been located within existing, or proposed easements, as shown on the Subdivision Exemption Plat (Exhibit 8). The Plat includes notes referencing the reception numbers for all existing easements on the Subject Property. The only new easements proposed in association with this subdivision are the access and waterline easements for the new residence. These easements are identified as being established by this plat on the proposed Subdivision Exemption Plat. No irrigation or drainage easements are necessary since the property is already developed and no additional stormwater or drainage facilities are needed. Existing drainage on the Subject Property is handled via roadside ditches, culverts under driveways and minor drainage swales. More information regarding site drainage is addressed in the attached Grading and Drainage Plan prepared by Boundaries Unlimited (Exhibit 15). 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. Response: Exhibit 12 is a Wastewater Management Plan which describes the existing individual sewage disposal systems (ISDS) that serve each of the two existing dwelling units on the property. The locations of the existing systems are shown on the attached Site Plan. The Subject Property is not located within an existing water or wastewater management district so on -site systems are the only available option. Both lots exceed two acres in size which makes them eligible to use ISDS systems for domestic wastewater treatment pursuant to Section 7-105 of the LUDC. The existing systems were both constructed under permits issued by Garfield County. The system constructed for the new residence was designed by Boundaries Unlimited and installed under Permit #Sept-10-17-4974. According to Boundaries Unlimited, both systems are operating satisfactorily. Any future systems or replacement of the existing systems would need to be designed by a qualified engineer and would be subject to further review and approval by Garfield County. 7. Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. Response: The only known hazards mapped for the area where the Subject Property is located is the floodplain associated with Canyon Creek, which flows along the eastern boundary of the property. A copy of the FEMA map that shows the most current floodplain extent for Canyon Creek (Preliminary Map #08045C1 130E) is included in the Grading and Drainage Plan provided within this application (Exhibit 15). According to Boundaries Unlimited, Zone A does encroach 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 12 onto the Subject Property, but it is well below the elevation of the existing structures. The Site Plan shows the approximate location of the high-water line associated with Canyon Creek as well as the topography for the property. The high-water line is roughly 140 feet horizontally from the nearest point on the new residence on Steiner Parcel B. The elevation of the new residence is approximately 35 feet above the high-water line vertically. The existing agricultural structures at the south end of the Subject Property are further from Canyon Creek than the new residence. The Grading and Drainage Plan also notes that steep slopes exist along the banks of Canyon Creek and below Canyon Creek Road (CR #137), but no additional development is proposed in those areas. Mapping maintained by the Garfield County GIS Department for septic constraints, soils hazards and surficial geology show none of these hazards encroach on the Subject Property. The issues with respect to wildfire are addressed in the response to Section 7-206 of LUDC later in this application. 8. Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. Response: No new roads, drainage facilities or utilities of any kind are proposed in associated with this subdivision application. 9. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. Response: Taxes for the property have been paid as indicated on the attached Certificate of Taxes Due (Exhibit 18). 10. All fees, including road impact and school land dedication fees, shall be paid. Response: Road impact fees for the new residence on proposed Steiner Parcel B were paid at the time of building permit issuance, as required by Section of 7- 405(A) (1) of the LUDC. The receipt for payment of the fee is attached (Exhibit 19). The Applicant is proposing to satisfy the school land dedication requirement by payment of the cash -in -lieu fee as permitted in Section 7-404(B) (2) (b) (2) of the LUDC. The amount of the fee has been calculated pursuant to Section 7-404(C) (2) of the LUDC for a property located within the RE-1 School District and is shown below. The unimproved market value of the land was established by a Comparable Market Analysis (CMA) prepared by a licensed real estate professional (Exhibit 13). The calculation below utilizes the "recommended market value" in the CMA. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 School Land Dedication Payment -In -Lieu fee Calculation 13 • Land Dedication Standard (Per LUDC Section 7-404(B)): Land Area Provided Per Student x Students Generated Per Dwelling Unit = Land Dedication Standard. 1,776 x .49 = 870.2sf (.02 acres) • Unimproved Per Acre Market Value of Land x Land Dedication Standard (per Section 7-404(B)) x Number of Units = Payment $7,750 x .02 x 1 = $ 155 As shown above, the calculation described in Section 7-404(C) results in a fee of $155; however, Section 7-404(C) (2) (b) of the LUDO requires a minimum fee of $500 for any required dedication. The Applicant is prepared to provide a check for $500 upon approval of the requested minor subdivision. 11. The Final Plat meets the requirements per section 5-402.F., Final Plat. Response: A Subdivision Exemption Final Plat meeting the requirements of Section 5-402(F) of the LUDC had been provided as Exhibit 8. The required certificates were obtained from the Garfield County Resource Guide, which was last updated in October of 2018. Article 7, Divisions 1 though 4 Section 5-301(C) (1) of the LUDC requires the demonstration of compliance with the applicable provisions of Divisions 1 though 7 of the Development Standards (Article 7). Some of the issues addressed in the standards have already been discussed in the responses to the minor subdivision review criteria above. Compliance with the remaining applicable sections of Article 7 are addressed in this section. The actual language from the LUDC is highlighted in bold. Division 1 - General Approval Standards Section 7-101: The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. Response: The Subject Property is located within the Rural zone district, which is intended for natural resources, recreational development, rural residential, and other uses, and which allows lots with a minimum area of two acres. The proposed lots conform to this standard and all other standards and restrictions of the Rural zone district. 402 Park Drive - Glenwood Springs • Colorado - 81601 - P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 14 Section 7-102: Comprehensive Plan and Intergovernmental Agreements Response: Compliance with the Comprehensive Plan was addressed previously. Section 7-103: The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. Response: The surrounding properties are developed for rural residential use. There are 11 parcels which abut the Subject Property with lots sizes ranging from 1.25 acres to 42.1 acres (based on acreage in the Assessor's parcel database). The average lot size for the adjacent parcels is 10.1 acres. The parcels to the west are generally larger, while those to the east are in the 2-acre to 3-acre size range. Canyon Creek Estates, which is the next subdivision to the east, has smaller lots. The lots within Canyon Creek Estates that are closest to the Subject Property range in size from .5-acre to 1-acre. The proposed subdivisions will result in two lots, one containing 2 acres and the other containing 23.67 acres. The proposed subdivision will continue to be compatible with the uses and lot sizes of the surrounding properties. Sections 7-104 (Source of Water), 105 (Central Water Distribution and Wastewater Systems), 106 (Public Utilities), 107 (Access and Roadways) and 108 (Use of Land Subject to Natural Hazards): Response: The topics covered in these sections have all been addressed previously. Section 7-109 Fire Protection: B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. Response: The Subject Property is located within the Glenwood Springs Rural Fire Protection District. While the proposed subdivision will result in one additional parcel, no new development is contemplated at this time. The new residence located on proposed Steiner Parcel B went through the County's building permit review process which would have included review of the appropriate building and fire codes. Division 2 - General Resource Protection Standards 7-201 Agricultural lands: Most of the policies in this section of the code relate to issues associated with livestock management and the protection of ranching activities. There are no active ranches in the vicinity of the Subject Property. The proposed subdivision will have no adverse effect on any nearby agricultural use or 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 15 on the agricultural uses that will continue to occur on Parcel A of the Subject Property. No new residential development will result from the subdivision and the existing rural residential use of the property is consistent with the surrounding uses. 7-202 Wildlife Habitat Areas: The LUDC does not specify which habitat areas require further consideration or mitigation. The LUDC refers to "critical wildlife habitat" but this term is not defined in the LUDC nor is there any map or list of habitat types that are considered critical. However, the list below shows the habitat types which are mapped for the area where the Subject Property is located, and which are typically considered important. The habitat types listed were discovered through a review of the Colorado Parks and Wildlife - Species Activity Database. Mapped Wildlife Habitat (selected) • Elk: Winter Range, Sever Winter Range • Mule Deer: Winter Range, Severe Winter Range • Bald Eagle: Winter Range, Winter Forage The mapping shows the Winter Range habitat for all three of these species as covering the entire property as well as the broader surrounding area. The mapping for Elk shows that the Severe Winter Range also covers the entire Subject Property and the broader surrounding area. Figure 2 shows only the mapped habitat types which cover a portion of the property as opposed to the entire property. As indicated on Figure 2, the Mule Deer Sever Winter Range habitat encroaches into the northeast corner of the Subject Property and a small sliver along Canyon Creek in the area of proposed Parcel B. However, the new residence on Parcel B is not located within the Severe Winter Range habitat. Figure 2 also shows that the Bald Eagle Winter Forage habitat encroaches into the southeast corner of the Subject Property, in the area of the existing open barn. This section of the LUDC provides several avoidance or mitigation measures where wildlife habitat may be adversely impacted by a proposed development. Since the proposed subdivision does not result in any additional development, but merely establishes a separate lot for the new residence, no additional adverse impact on the mapped wildlife habitats would be expected. 7-203 Protection of Water Bodies: This section of the code seeks to protect surface waterbodies by requiring a 35-foot setback for most structures and a 100-foot setback for the storage of hazardous materials. While the proposed subdivision does not result in any new development its also true that the existing structures are 402 Park Drive - Glenwood Springs • Colorado - 81601 - P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 16 Mule Deer - Severe Winter Range ® Bald Eagle - Winter Forage '... 7GMC t WM rx Mwr+G•HIO UNgr1•INLat 0 400 800 ft ORCHARD CREEK RANCH - MINOR SUBDIVISION Figure 2 - Wildife Habitat Map Kirstie Steiner - Orchard Crek Ranch, LLC 0156 County Road 137 Glenwood Springs, CO 81601 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 17 all well outside of the required setback from the high-water line associated with Canyon Creek. The Site Plan shows the approximate high-water line and provides a dimension line showing the distance to the new residence on Parcel B, which is approximately 145 feet. The other existing structures are all further from the high - water line than the new residence. The orchard and hay field are managed with all organic fertilizers and related products. These products are stored in the agricultural buildings at the south end of the Subject Property which are located 160 feet or more from the approximate high-water line as shown on the Site Plan. 7-204 Drainage and Erosion: Compliance with the provisions of this section of the LUDC has been addressed previously in this application and in the attached Grading and Drainage Plan. 7-205 Environmental Quality: The proposed subdivision will have no significant effect on air quality and the Applicant will comply with all applicable State and Federal hazardous materials regulations on both parcels. 7-206 Wildfire Hazards: This section specifies several development standards for properties subject to wildfire hazards as identified on the Garfield County Wildfire Susceptibility Index Map. Figure 3 is an excerpt from this map which shows the Subject Property and surrounding area. Most of the Subject Property is identified as "NR" or Not Rated, which indicates that the wildfire potential is negligible. The remainder of the property is identified as having either a low or moderate wildfire susceptibility index. Paragraph A of this section of the LUDO prohibits locating development within a sever wildfire hazard area or within a "fire chimney" as identified by the Colorado State Forest Service (CSFS). There is no severe wildfire hazard area on the Subject Property and we found no indication the that the CSFS has identified the property as being within a fire chimney, though this seems unlikely given the very low wildfire hazard. The new residence on proposed Parcel B is located within the moderate wildfire susceptibility area. Paragraphs B and C of this section of the LUDC address issues associated with development within a wildfire hazard area. The proposed subdivision does not involve further development and, given the low wildfire hazard rating, no mitigation standards are required, and none are proposed at this time. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 18 Figure 3 Wildfire Susceptibility Index Map (Excerpt) ❑ 4Vildland Fire Susceptibility Index NR Lc4 ❑ Moderate El High ❑ Very High 7-207 Natural and Geologic Hazards: This section of the LUDC addresses development within geologic hazard areas including avalanche, landslide, rockfall, alluvial fan, steep slopes (greater than 20%), corrosive or expansive soils and rock, mudflow areas, and faults. The only one of these hazards known to exist on the Subject Property is steep slopes, which occur along the banks of Canyon Creek and along portions of CR 137. There was a small area of slopes greater than 20 percent disturbed during the construction of the new residence on Steiner Parcel B; however, this work was done under a building permit issued by the County and with the appropriate engineering analysis. No further development is contemplated in association with the proposed subdivision and no additional disturbance of slopes greater than 20 percent is anticipated anywhere on the Subject Property. 7-208 Reclamation: This section of the LUDC addresses the restoration of disturbed areas after construction. No construction is anticipated in association with this subdivision application. Division 3 - Site Planning and Development Standards The standards in this division are generally intended for subdivisions that contain more than a single new lot and where the proposed density is greater and requires more careful consideration. In addition, single-family units are specifically exempt 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 19 from Sections 7-301, 302, 303, 305, and 306. The proposed subdivision creates a single additional lot to accommodate an existing single-family dwelling unit. As a result, only Section 7-304, which identifies the standards for exterior lighting, is applicable. Future lighting on both of the proposed lots will conform to the standards in Section 7-304. Division 4 - Subdivision Standards and Design Specifications 7-401 General Subdivisions Standards: Paragraph A of this section addresses the maintenance of common facilities. However, the proposed subdivision will have no common facilities other than a shared well. All matters related to the shared well will be addressed through a well -sharing agreement (Exhibit 11). Paragraph B addresses the control of domestic animals and requires that any such controls be included in the protective covenants of the subdivision. The Applicants have no plans to establish protective covenants and there are no common facilities and no other reason to do so. Paragraph C limits solid fuel burning stoves to one per lot within the subdivision. The Applicant is willing comply with this requirement and to have this be a condition of the minor subdivision approval. Paragraph D identifies standards for development within the floodplain and related drainage issues. The proposed subdivision will comply with all applicable aspects of these standards. More specific information regarding the floodplain associated with Canyon Creek was discussed previously in this application in the response to the minor subdivision criteria contained in Section 5-301(7). 7-402 Subdivision Lots: All lots are required to conform to the following standards: A. Lots Conform to Code. Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district requirements and other appropriate provisions of this Code. 1. The Lot Size may be increased for lots developed in areas posing a potential hazard to health or safety due to soil conditions or geology. 2. Lot characteristics shall be appropriate for the location of the development and the type of use allowed. a. Depth and width of lots shall be adequate to provide for the required off-street parking and loading facilities required by the type of use and development contemplated. b. The width of residential corner lots shall be sufficient to accommodate the required building setback from both roads. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com Orchard Creek Ranch Minor Subdivision Application February 14, 2020 20 3. For lots less than 1 acre in size, the original and undisturbed Slope in excess of 30% shall not be credited toward lot area in determining whether the minimum lot area requirements will be met. B. Side Lot Line Alignment. Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines. C. Lots Configuration, Cul-de-Sacs. Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width at the front property line. D. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by municipal boundaries, County roads or public rights - of -way. Response: The proposed lots conform to all of the applicable standards in this section. 7-404 School Land Dedication & 7-405 Road Impact Fees: Payment of these fees was addressed previously in the response to the minor subdivision review criteria in Section 5-301(10). SUMMARY The Applicant is seeking to divide the 25.67-acre Orchard Creek Ranch parcel into two parcels, one containing two acres and other containing 23.67 acres. The proposed subdivision was identified as being eligible for review under the minor subdivision process as described in Section 5-301 of the Garfield County Land Use and Development Code (LUDC). In this application, and the attached exhibits, we have satisfied the application submission requirements and demonstrated compliance with all applicable standards and criteria of the Garfield County Land Use and Development Code identified in the Pre - application Conference Summary Form provided by the Community Development Department. Therefore, we request that County grant approval of the proposed subdivision. 402 Park Drive • Glenwood Springs • Colorado • 81601 • P: 970.945.0832 • F: 970.945.0833 • E: tim@tgmalloy.com