HomeMy WebLinkAbout2.0 BOCC Staff Report 01.07.2002PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANTS/OWNERS:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING/ADJACENT ZONING:
BOCC 1/7/02
An exemption from the rules of subdivision.
Melba M. and Harold J. Carpenter (1/2 interest)
and Gail L. Martin (1/2 interest)
South of the Battlement Mesa P.U.D. A tract
of land situated in the NE 1/4 NW 1/4 of Section
20, Township 7 South, Range 95 West of the
6t P.M.
40 +/- Acres
Shared Domestic Well
ISDS
County Road 303
A/R/RD, with P.U.D. in the vicinity
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN:
According to the Garfield County Comprehensive Plan of 2000, this site lies in the "Outlying
Residential" area with a suggested density of no more than one unit per two acres; and lies
within the Town of Parachute's 2 mile sphere of influence. The site lies outside of
Parachute's urban service boundary and annexation boundary.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description and Development Proposal: The 40 acre site contains a portion of
Stone Quarry and Monument Gulches. An existing house and shed occupy proposed
Parcel 1.
B. Applicability: Section 8:10 allows the Board of County Commissioners the
discretionary power to exempt a division of land from the definition of subdivision
and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the
Subdivision Regulations nor be detrimental to the general public welfare.
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III. REFERRALS
The application was referred to the following review agencies for comments:
A. Grand Valley Fire Protection District: See letter, page . Lists minimum
requirements for the proposal. A storage tank at least 2,500 gallons in size must be
provided for residences 3,500 square feet or less, with sprinkler systems optional.
Residences larger than 3,500 sq. ft. must provide both adequate storage and a sprinkler
system. The fire water cistern is to be used for fire protection only, and not to be used
for domestic use. Access/egress and defensible space should meet the CSFS NFPA 299
standard. A number of specifications concerning said storage and sprinklers are included
as well.
B. Garfield County Road and Bridge Department: See referral sheet, page �� . Requests
that 30' be dedicated for the County Road 303 right of way along the entire northern
boundary of the property, and that the fences be set back accordingly. Only one access,
shared by both parcels, will be permitted along County Road 303.
C. Town of Parachute: No response was received.
W. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-way (State or Federal highway, County
road or railroad) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, such parcels
thereby created may, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable; For the purposes ofdefinition, all tracts of land
thirty-five (35) acres or greater in size, created after January 1, 1973, will count as
parcels of land created by exemption since January 1, 1973."
The parent parcel was about 80 acres in size (see Book 241, Page 267) from which
two parcels now exist, each 40 acres in size. The applicant has provided proof of
ownership of one of the 40 acre parcels in the form of a "deed of distribution by
personal representative" (see Book 1212, Pages 470-472). The request is to divide
the 40 acres into two (2) rural residential lots approximately 20 acres each in size.
Based on the information provided, the property appears to qualify for the two (2)
lots requested. If the request is approved, only one (1) more exemption lot would be
permitted under Garfield County regulations.
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B. Comprehensive Plan: The proposal does not appear to be inconsistent with the comp
plan.
Zoning Regulations: It appears possible to meet the A/R/RD zoning requirements
on the proposed lots.
D. Legal and Physical Access: Section 8:52 C states:
All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained, or are in the process of being obtained; S
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The proposed access is via two (2) individual driveways from Countoad 303 for
each of the lots. The Road and Bridge Department has stated that my one access,
shared by both parcels, will b�, permitted along County Road 303. LuL 4.1
E. Water: Section 8:52 D of the Subdivision egulations states the following: I v��
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The Board shall not grant an exemption unless the division proposed for exemption
has satisfied the following criteria: Provision has been made for an adequate source
of water in terms of both the legal and physical quality, quantity and dependability,
and a suitable type of sewage disposal to serve each proposed lot;
The application states that all lots will receive domestic water supply from a shared
well, permit #95280, which allows for domestic use within up to three (3) single
family dwellings. The water rights appear adequate to serve both proposed lots as
long as a well sharing agreement is executed.
Prior to final approval of any exemption application, the criteria concerning the
physical water supply found in Section 8:42 D must be met. The application
contains evidence of a negative bacteriology test, and a well completion report, but
does not contain evidence that all the details of 8:42 D subparagraphs 1-7 have been
met. This information must be provided prior to finalization of the exemption
documents.
F. Sewer: Individual Sewage Disposal Systems (ISDS) currently serve the existing
home. The same is proposed for the new lot. The Colorado Department of Health
setback standards apply.
G. Soils: The property appears to contain two major soil types: The Potts loam, 6-12%,
and the Potts-Ildefonso Complex, 12-25°/ slopes. The Potts loam is a deep, well -
drained, moderately sloping soil found oAi mesas, benches and sides of valleys.
Permeability is moderate while available water capacity is high. The native
vegetation is mainly wheatgrass, needleandthread, and sagebrush. Community
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development is limited by low strength, shrink -swell potential, and slope. Dwellings
and roads can be designed to overcome these limitations.
The Potts-Idelfonso complex is a deep, well drained, strongly sloping soil found on
mesas, alluvial fans, and sides of valleys. The permeability is moderate. Steep
slopes limit community development. Structures are needed to divert runoff to
minimize gullying and erosion.
Drainage: Monument Gulch and Stone Quarry Gulch bisect the property. The
application does not address drainage issues. The existing buildings do not appear
to lie within any major drainages. Any new buildings should avoid areas of natural
drainage. Natural drainages should be preserved to the maximum extent possible.
Fire Protection: The Grand Valley Fire Protection District has listed minimum
requirements for the proposal. A storage tank at least 2,500 gallons in size must be
provided for residences 3,500 square feet or less, with sprinkler systems optional.
Residences larger than 3,500 sq. ft. must provide both adequate storage and a
sprinkler system. The fire water cistern is to be used for fire protection only, and not
to be used for domestic use. Access/egress and defensible space should meet the
CSFS NFPA 299 standard.
Staff notes if fire protection water is to be stored separately, and not used for
domestic purposes, that the water rights, as evidenced by permit #95280, do not
appear to be consistent with this use. However, it is Staffs understanding that if the
storage tank is filled with the domestic well water, and used within the house, that
it may also be used in the event of a fire. Therefore, staff is of the opinion that the
applicant should either obtain the necessary legal water rights to fill a separate
_cistern, or be permitted to provide storage as part of the domestic water delivery
em. As long as the applicant adheres to the recommendations of the GVFPD in
their letter dated 12/14/01, and includes appropriate plat notes and covenants, staff
does not have any other fire protection concerns with the application.
J. Mineral Rights: The application does not state whether the mineral rights have
been severed or not. The general area has an extensive natural gas resource and
numerous producing wells. If potential for mineral exploration exists, a
disclosure to all potential lot owners must be inclu d in the covenants,
notes, and at the time of closing. a (J
vUtilities and Easements: The extents of all easements, existing and proposed, must
DD�� i be shown.
School Impact Fees: Prior to the approval of the final plat, the applicant will be
required to pay the applicable school site acquisition fee, as adopted by the County,
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for each newly created lot (approximately $ \TT 00.00, subject to change).
V. STAFF RECOMMENDED FINDINGS
1. That proper posting, publication, and public notice mailings were provided as
required for the meeting before the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exemption has been
determined to be in the best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
4. That the application has met the requirements of the Garfield County Subdivision
Resolution of 1984 a.a. Section 8:00, Exemption.
VL RECOMMENDATION:
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Staff recommends APPROVAL of this application with the following conditions:
1. That all representations of the applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval;
2. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension, and area of the proposed lots, 25 ft. wide access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities;
3. That the applicant shall have 120 days (until 5/7/02) to present a plat to the Commissioners
for signature from the date of conditional approval of the exemption;
4. That the applicant shall submit the applicable School Site Acquisition Fees for the creation
of the exemption parcels prior to approval of the exemption plat;
5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
6. All recommendations made by the Grand Valley Fire Protection District (GVFPD), in their
letter dated 12/14/01, shall be followed for existing and proposed residences: A storage tank
at least 2,500 gallons in size must be provided for residences 3,500 square feet or less, with
sprinkler systems optional; Residences larger than 3,500 sq. ft. must provide both adequate
storage and a sprinkler system; Access/egress and defensible space shall meet the CSFS
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NFPA 299 standard; Sprinkler systems shall adhere to NFPA 13D and shall be approved by
the GVFPD and supplied from cistern; However, the applicant shall either provide the fire
protection cisterns as part of the domestic water delivery system, or shall provide separate S`/S//14
tkat.,h 6 ( L ft _ r ( 1%r • r��i► _�[� tet.:
7. Only one access to the pares o oa 13 shall a s. ovi • ed ane an act c : ss .: 1 "11111111..'- fl; •
shall be obtained from the Road and Bridge Department for the access. The access shall be r�%�
maintained adequately to accommodate the weights and turning radius' of emergency
apparatus to permit access during adverse weather conditions. At -*gal—road—sharing—
c • iscuss a • . I ' . ed with the maintenance -of the road -,-who will
s n -.o a5.sessments-wi l be made for t
nitation-plat. A thirty (30') foot right -of -way -along the entire,
northern boundary of the property shall be dedicated to the property, and the fences shall be
moved or removed in order to be consistent with e right-of-way boundarie
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Prior to the signing of a p at, a ysic. water upp to s emons
a) That a four (4) hour pump test be performed on the well to be used;
b) A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c) The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d) A written opinion of the person conducting the well test that the well
e) should be adequate to supply water to the number of proposed lots;
f) An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
g) If the well is to be shared, a legal, well sharing declaration which discusses all easements
and costs associated with the operation and maintenance of the system and who will be
responsible for paying these costs and how assessments will be made for these costs;
h) The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
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slowing:
9. A disclosure to all potential lot owners regarding the potential for mineral exploration and
recovery must be included in the covenants, plat notes, and at the time of closing, in the
event that the mineral rights have been severed.
10. That the following plat notes shall appear on the Final Exemption Plat:
"One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owners property boundaries."
"No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. 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".
"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".
"Only one further division of the 80 acre parent parcel (the NE '/4 NW 1/4 and the NW '/4 NE
1/4 of Section 20, Township 7 South, Range 95 West of the 6th Principle Meridian) by
exemption from the rules of Subdivision is possible under the current regulations."
"Any new buildings shall avoid areas of natural drainage. Natural drainages shall be
preserved to the maximum extent possible."
"All recommendations made by the Grand Valley Fire Protection District (GVFPD), in
their letter dated 12/14/01, shall be followed. A storage tank at least 2,500 gallons in size
must be provided for residences 3,500 square feet or less, with sprinkler systems
optional. Residences larger than 3,500 sq. ft. must provide both adequate storage and a
sprinkler system. Access/egress and defensible space shall meet the CSFS NFPA 299
standard. Sprinkler systems shall adhere to NFPA 13D and supplied from cistern% ,
"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."
"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."
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Dee 14 01 03:21p GVFP1 285-970 p•2
GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
PO BOX 295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
December 14, 2001
Kit Lyons
Garfield County Senior Planner
144E3`1
Rifle, CO 81650
RECEIVED
DEC 1 it 2001
Subject: Carpenter/Martin Exemption
Kit
I have reviewed the Carpenter/Martin Exemption as requested and offer the following:
The options available to the applicant include either a local water supply for each
residence or a central pressurized water supply for all residence as well as fire protection
sprinklers. Because of the size of your project, it would appear that the localized water
supply systems (NFPA 1231) and fire protection sprinkles might be better suited to
provide such protection.
The use of sprinklers in new construction is always encouraged, and has proved to be both
cost effective and to have made the critical difference in the "saving of a structure". The
key element of a 13D system is to provide enough suppressant to get the occupants out of
the residence. The system is designed to provide a 10 -minute water supply. In a normal
urban setting, with prompt notification to the fire department, a response and
extinguishment can be started during this 10 -minute time frame. However, with a small
volunteer fire department, which does not staff fire station crews, response times can be
much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to
leave, but the fire has most likely continued to burn, and after the 10 -minute period of
water delivery, the fire may again start actively burning. Fire sprinklers are not required in
structures less than 3500 square feet, however we encourage homeowners to consider
their value and the benefits that they may provide in the event of an actual fire.
The recommendations of NFPA 1231 are to have a water supply located within 150 feet
of a residence, a 4 'A" hydrant connection capable of providing 500 gpm and a capacity to
be determined by the square footage of the residence. After consulting other fire agencies
within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable
requirement for residence under 3500 square feet. Sprinkler systems would be optional
for residence up to 3500 square feet. Residences over 3500 square feet will need to have
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GARFIEL.D COUNTY
Building & Planning Department
Review Agency Form
RECEIVED DLC 2001
Name of ap i " : do' -Carpenter / Martin Exem
Sent to:
r'F3taL bl
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Date Sent: November 14, 2001
Comments Due: December 14, 2001
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Garfield County requests your comment in review of this project. Please notify Kit Lyon
in the event you are unable to respond by December 14, 2001. This form may be used
for your response, or you may attach your own additional sheets as necessary. Written
comments may be mailed or faxed to:
(see attached business card)
General comments:
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Garfield County
KIT LYON
Senior Planner
Glenwood Springs Office
109 5th Street, So rte 303
Glenwood Spring, CO 81601
9701945-8212
Fu: (970) 384.34711
www.gintield-i.:Ounty.com
gine Office
1446E. 3rd.
Rifle. CO 81650
(970) 625-4 I ti
70 C.,../..7 -X"
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This review agency recommends (circle one): Approval Denial
The following are suggested conditions of approval, or are the reasons for enial:
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Name cf review agency;
By: «--K ? ..nct, 1- Date: /2 - S- zaC) /
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