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HomeMy WebLinkAbout2.0 Staff ReportEXHIBITS COFFMAN SUBDIVISION EXEMPTION Exhibit A: Proof of Certified Mailing Receipts and Publication Exhibit B: Garfield County Zoning Regulations of 1978 Exhibit C: Garfield County Comprehensive Plan of 2000 Exhibit D: Garfield County Subdivision Regulations of 1984 Exhibit E: Staff Report dated Jaren , Exhibit F: Application Materials Exhibit G: Letter from Doug Thoe, Garfield County Road and Bridge Department dated November 25, 2002 Exhibit H: Letter from Bill Gavette, Deputy Chief, Carbondale and Rural Fire Protection District dated October 24, 2002 BOARD — 2/10/03 Public Hearing TP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT(S): REPRESENTATIVE: LOCATION: EXISTING ZONING: ADJACENT ZONING: WATER/SEWER: ACCESS: Coffman Subdivision Exemption The Applicant requests an exemption from the rules of subdivision to subdivide approximately 152 acres into four (4) parcels of land. Rex and JoAnn Coffman TG Malloy Consulting, LLC. (Tim Malloy) The subject property is located approximately 1.7 miles east of Carbondale on the south side of County Road 100. A/R/RD (Agricultural, Residential, Rural Density) South & North: West: East: A/R/RD LI (Light / Industrial) R/L/SD (Residential / Limited / Suburban Density) and R/G/UD (Residential General/Urban Density) Shared Well and Individual Sewage Disposal System (ISDS). Shared Driveway off of County Road 100 I. DESCRIPTION OF THE PROPOSAL: A. Development Proposal: The Applicant proposes to divide approximately 152.97 acres of land into four parcels consisting of the following: 1. Parcel 1 — 4.29 acres 2. Parcel 2 — 4.29 acres 3. Parcel 3 4.29 acres 4. Parcel 4 — 140.10 acres B. Background: The Applicant has owned the property, what is referred to as the `North • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 2 Parcel' and `South Parcel' in the application, since 1965. The property is bisected by the rights- of-way for County Road 100 and the old D&RG Rail Road line, which is now owned by the Roaring Fork Transportation Authority (RFTA). These intervening property ownerships divide the property into two separate legal parcels. The South Parcel, the subject of the Exemption request, contains approximately 152.97 acres. The North Parcel contains approximately 141.88 acres. Site Description: The typography of the South Parcel consists of slopes that are less than 40% and slopes that are greater than 40%. The slopes that are less than 40% gradually slope south from County Road 100 towards significantly steep slopes that run along the south side of the property. The vegetation on the subject property consists of sage brush, juniper, and rabbit - brush. Ackerman Handcrafted Log Homes ("AHLH") is located on the northeast side of the property. There is also a sign for Strong Lumber adjacent to the existing driveway that is proposed as the shared driveway access for the four parcels. D. Existing Conditions: Ackerman Handcrafted Lot Homes occupies a small portion of the northeast corner of the subject property for its operation. The Board approved a Special Use Permit ("SUP") for this business on October 14, 2002, however, the actual Permit will not be issued until the conditions of approval have been met. As part of the AHLH SUP application, it was represented that the owner of AHLH, upon SUP approval, would acquire 35 acres of land from the Applicant. Until this is completed, the SUP for AHLH will run with the land, which as part of this application would be Parcel 4. As noted previously, there is a sign for Strong Lumber adjacent to the existing driveway. However, there is no evidence, aside from the sign, that Strong Lumber operates from the property. E. Zoning: It appears possible to meet the A/R/RD zoning requirements on the proposed lots. A single family dwelling is a use by right in the A/R/RD zone district. Accessory uses are allowed if they are agriculturally related uses. F. Relationship to the Comprehensive Plan: The subject property is designated on the `Proposed Land Use Districts, Study Area 1' map in the Garfield County Comprehensive Plan as `light industrial' along County Road 100 and the reminder of the property is designated as `low- density residential'. The recommended density in the low-density residential category is 10 acres or more per dwelling unit. The lots proposed as part of this Exemption request are greater than 2 acres (allowed by zoning), however, three of the four lots are less than the recommend 10 acre per unity density. • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 3 G. Adjacent Land Uses: The subject area is surrounded by the following land uses: 1. North: Ranch Land 2. South: Steep hill side 3. East: Steep hill side and Te -Ke -Ki Subdivision 4. West: Self -storage business. H. Road/Access: The Applicant proposes a shared driveway access for the proposed four parcels off of County Road 100. I. Applicability: Section 8:10 allows the Board of County Commissioners (Board) 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. II. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agency (ies) for comments. Comments that were received have been integrated throughout this memorandum where applicable. A. Garfield County Road and Bridge: Exhibit G B. Carbondale and Rural Fire Protection District: Exhibit H C. Town of Carbondale: No comments. III. REVIEW CRITERIA FOR SUBDIVISION EXEMPTION (SECTION 8:00) The Board has the discretionary power to exempt a division of land from the definition of subdivision, and thereby, from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of Subdivision Regulations nor be determined to be detrimental to the general public welfare. The Board shall not approve an exemption unless the Applicant has satisfied the following criteria. A. "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 • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 4 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 of definition, 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." Response: The subject property has been owned by the Applicant's since 1965. Copies of the Applicant's deeds are provided in the application in Attachment 2. On page 5 of the application is a detailed description of ownership of the subject property. B. All Garfield County zoning requirements will be met. Response: The subject property is located in the A/R/RD zone district which requires a minimum lot size of 2 acres. All four tracts to be created are larger than 2 acres. To staff's knowledge all zoning requirements have been met as part of this application. C. 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. Response: A shared driveway is proposed for all four parcels along an existing driveway off of County Road 100. Doug Thoe, Garfield County Road and Bridge, indicated that there are no issues of concern with the access (Exhibit G). The existing driveway off of County Road 100, proposed as the shared driveway, crosses the intervening RFTA right-of-way. A "Private Way License" has been granted by RFTA to the Applicant (seen in Attachment 8 of the application) which limits access only to the Applicant. The Applicant noted that upon conveyance of the lots to a second party, new licenses will have to be issued to the purchaser(s). The Applicant asserted that Michael Hermes of RFTA indicated that multiple licenses for the same access point are routinely granted provided the location of the access crossing remains in the same location and no new access crossing are sought. Staff spoke to Mr. Hermes who indicated that multiple licenses are in fact routinely granted over the railroad right-of-way when the same access point is utilized and when no additional access points are proposed. There is also an existing legal driveway off of County Road 100 which serves the Ackerman Handcrafted Log Homes, on the northeast side of the subject property (on proposed Parcel 4). There are no issues associated with this driveway and appropriate permits have been issued. D. 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. • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 5 Response: The Applicant indicated that the water for the proposed four lots will be provided through a shared well. A "water allotment contract" was approved by the Basalt Water Conservancy District for the proposed well. The Applicant provided a copy of this contract in Attachment 9 of the application. The Applicant also filed a well permit application with the Colorado Division of Water Resources. Pursuant to section 8:42(D) of the Subdivision Regulations, `proof of physical supply of water for the public meeting may be documentation from the Division of Water Resources that demonstrates that there are wells within 1/4 mile of the site producing at least five (5) gallons/minute." In Attachment 10 of the application, the Applicant provided proof of physical supply of water as required above via a `Statement of Beneficial Use' for a well located just west of the subject property which has a production rate greater than 37.5 gallons per minute as demonstrated by the pump test report conducted by Samuelson Pump Company. The Applicant indicated that sewage disposal will be handled by on-site wastewater treatment in compliance with the County's Individual Sewage Disposal System requirements at the time of building permit. E. All state and local environmental health and safety requirements have been met or are in the process of being met. Response: It appears that all state and local environmental health and safety requirements have been met. The Applicant will comply with all applicable local and state environmental health and safety requirements. F. Provision has been made for any required road or storm drainage improvements. Response: The Applicant indicated that the road serving the proposed four lots exists and has been in place for many years. The road has gravel or dirt surface and it not proposed to be improved. The Applicant asserted that no road or storm drainage improvements are anticipated with this development. G. Fire protection has been approved by the appropriate fire district. Response: The subject property is located in and served by the Carbondale and Rural Fire Protection District. Bill Gavette, Deputy Chief, indicated that the subject property is located within the District's service area and both fire and emergency medical services are provided (Exhibit H). H. Any necessary drainage, irrigation or utility easements have been obtained or are in the • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 6 process of being obtained. Response: The Applicant indicated that there are existing easements that traverse the property for utilities and irrigation. These easements are not illustrated on the Conceptual Site Plan submitted with the application. The Applicant noted that these easements will be reflected on the recorded Exemption Plat and will be included on the deeds for the proposed lots where appropriate. The Applicant asserted that no new easements, other than for access along the shared drive, are anticipated as part of this exemption request. I. School fees, taxes and special assessments have been paid. Response: The Applicant asserted that there are no outstanding fees, taxes or special assessments associated with the subject property. The Applicant is required to pay the applicable school site acquisition fee, as adopted by the County, for each newly created lot as part of the subdivision exemption process according to the calculations / regulations in effect at the time of submission for approval of the Final Plat. Pursuant to section 8:42(I) of the Subdivision Regulation school fee, taxes and special assessments for each lot created is $200.00 per lot. IV. ADDITIONAL CONSIDERATIONS FOR SUBDIVISION EXEMPTION (SECTION 8:60) In the evaluation of each petition for exemption, and in addition to the review criteria in Section 8:52, the Board shall consider the following additional considerations. A. General conformation with the Garfield County Comprehensive Plan. Response: The proposal does not appear to be inconsistent with the Garfield County Comprehensive Plan. B. Compatibility of the proposed exemption with existing land uses in the surrounding area. Response: The surrounding uses include residential / ranch, log home assembly, and storage / warehouse. The log home assembly use is located approximately 2,400 feet east of the proposed lots on the property owned by the Applicants. The Applicant asserted that given the distance and the intervening terrain no compatibility issues are anticipated between the log home assembly use and the proposed residential lots. The Applicant noted that the mini -storage facility to the west is a benign commercial use since it involves low traffic and activity levels. The nearest existing use is the ranch homestead owned and occupied by the Applicants to the north. • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 7 C. Recommendations of any municipality within two (2) miles of the proposed exemption, or within three (3) miles, if the municipality has a major street plan. Response: A portion of the 310 acre property is located within the Town of Carbondale Sphere of Influence. The application was referred to the Town of Carbondale, however, no comments were received. D. Recommendations of any state or local agency or organization whose opinion the Board determines is necessary or appropriate. Response: Comments from applicable state or local agencies have been incorporated within this memorandum as appropriate. E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land for the type of division proposed. Response: According to the soil survey, from USDA Soil and Conservation Service, the soils on the subject property consist of Atencio-Azeltine complex (3 to 6 percent slopes), Empedrado loam (6 to 12 percent slopes), Grotte gravelly loam (25 to 65 percent slopes), Gypsum land- Gypsiorthids complex (12 to 65 percent slopes), Tridell-Brownsto stony sandy loams (12 to 50 percent slopes, extremely stony), and Yamo loams (12 to 25 percent slopes). The interpretation tables for these types of soils can be seen in greater detail in Attachment 5 of this application. No site-specific soils examination was performed as part of this application. The Applicant indicated that a soils evaluation will be conducted for all foundations at the time of building permit application. The Applicant provided a slope hazard analysis of the subject property seen in Figure 3 of the application. The slope hazard analysis delineates the Moderate and Major Slope Hazards on the subject parcels. Moderate and Major Slopes are defined in the Comprehensive Plan of 2000 as follows: Moderate Slope Hazard: Area of Moderate Hazard, such as some debris fans and minor rockfall areas. Detailed geologic investigation should accompany an engineering study, including test drilling, simple strength tests, groundwater evaluations, and stability analysis. Mitigation is usually possibility, but will usually be expensive and may involve large-scale construction work. Special siting maybe helpful. Major Slope Hazard: Area of Major Hazard, such as active landslide. Investigation includes geologic study, intensive drilling, and sophisticated strength testing. Stability analyses and monitoring of soil, rock, and groundwater conditions. Mitigation may be • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 8 possible, but will involve some risk. Avoidance may be recommended for projects of lower economic value. The Applicant noted that development will likely to occur on the lower one half to one third of the subject lots as far from the steep slopes areas as possible. Pursuant to section 5.04 [Supplementary Lot Are Regulations] of the Zoning Regulations, development on slopes in excess of 40% is prohibited. The issue of water, vegetation, and topography has been addressed throughout this memorandum. The application does not address geologic hazards on the subject property. All geologic hazards shall be mitigated accordingly. F. Number of lots and/or multiple -dwelling units created by the proposed exemption. Response: The Applicant is proposing four lots. Only one single-family dwelling unit is proposed on each new lot as a use -by -right. Accessory dwelling units require special use approval. G. Provision for open space within the proposed exemption. Response: No open space is proposed as part of this exemption request. H. Proposed density and provisions for adequate off-street parking. Response: The Applicant indicated that the proposed lots provide ample room to accommodate all required parking for single-family residential use. All parking associated with the proposed lots will be handled on-site. I. Covenants and plat notes, restricting the lots to the following: 1. One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. The requirements shall be included in the protective covenants for the subdivision with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases; 2. No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances; and • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 9 3. Each subdivision shall have covenants requiring that all exterior lighting be the minimum amount necessary and that all exterior lighting 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. Response: The Applicant shall comply with these restrictions. V. OTHER 1. Mineral Rights: There is one mineral rights owner on the subject property. The Applicant provided mineral rights documentation which can be seen in more detail in Attachment 4 of the application. VI. STAFF FINDINGS: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. 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. 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. The application has met the requirements of the Garfield County Subdivision Resolution of 1984, Section 8:00, Exemption. VII. RECOMMENDATION: Staff recommends that the Board APPROVE the Coffman Exemption, subject to the following conditions: 1. 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. The Applicant shall have 120 days to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 10 3. The 1978 Garfield County Zoning Resolution standards shall be complied with. 4. The Colorado Department of Health standards shall be complied with. 5. A Shared Access Driveway Agreement shall be filed, with appropriate signatures, with the Exemption Plat. 6. Existing and proposed easements for utilities, driveway, and irrigation shall be delineated on the Exemption Plat. These easements shall be included on the deeds for the proposed lots, where appropriate. 7. A Well Sharing Agreement shall be filed, with appropriate signatures, with the Exemption Plat. 8. Prior to the finalization of the Exemption Plat all physical water supplies shall demonstrate the following: 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 this well should be adequate to supply water to the number of proposed lots. E. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day. F. 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. G. The water quality shall be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. H. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 11 gallons. j I On or before filing the plat for Exemption, the Applicant must provide the County with a well permit allowing us three properties. J. The Applicant shall demonstrate compliance with any conditions attached to the well permit issued. 9. The Applicant shall submit the applicable School Site Acquisition Fees ($200.00 per parcel) for the creation of the exemption parcels prior to approval of the exemption plat. 10. That the following plat notes shall appear on the Exemption Plat: A. Upon conveyance of the parcels, a new "private way license" shall be obtain from the Roaring Fork Transportation Authority (RFTA) by the new property owners for access over the railroad right-of-way. B. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. C. 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 there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. D. 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. E. No further divisions by exemption from the rules of Subdivision will be allowed. F. Slopes exceeding 40% shall be restricted from development. Areas of disturbance shall be revegetated with appropriate vegetation. Cut and fill areas shall be kept in balance and to a minimum. Disturbance of the existing vegetative cover shall be minimized. G. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. • • Coffman Subdivision Exemption BOCC — 2/10/03 Page 12 H. 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. I. All owners of land, whether ranch or residence, have obligations under State law and County regulation's 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. • Garfield County Road and Bridge, District 1 7300 Hwy 82, Glenwood Springs, CO 81601 970-945-1223 ph, 945-1318 fax Nov 25, 2002 Garfield County Building & Planning Attn: Tamara Pregl FAX 384-3470 REC NOV 2 2002 GARFIELD COUNTY BUILDING & PLANNING Tamara, 1 have reviewed the Coffman Ranch Subdivision exemption and find no issues of concern for Road & Bridge. Doug Thoe, District 1 Foreman, • October 24, 2002 LAO W:3° FIRE • EMS • RESCUE Mark Bean Garfield Building & Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 • RE: Subdivision Exemption for Rex Coffman, County Road 100 Carbondale, Colorado Dear Mark: EXHIBIT RECEIVED OCT 9 9 2002 GARFIELD COUNTY BUILDING & PLANNING The Rex Coffman property on County Road 100 is located inside the service area of the Carbondale & Rural Fire Protection District. The District services the property for both fire and emergency medical services. Please contact me if you have any questions. Sincerel,y, Bill Gavette Deputy Chief cc: Tim Malloy, TG Malloy Consulting, LLC Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569