HomeMy WebLinkAbout2.0 Staff ReportExhibits for Knox Exemption 06/06/05
hibit Letter
(A to Z)
Exhibit
A
Proof of Mail Receipts and Posting
B
Proof of Publication
C
Garfield County Zoning Regulations of 1978, as amended
D
Garfield County Comprehensive Plan of 2000, as amended
F
Garfield County Subdivision Regulations of 1984, as amended
F
Staff Memorandum
G
Application Materials
H
Memorandum from Road and Bridge Department dated 5/10/05
I
Letter from the Grand valley Fire Protection District dated 5/31/05
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BOCC 06/06/05
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Exemption from the Definition of Subdivision
OWNER (APPLICANT) Danna B. Knox
PROPERTY LOCATION 1398 CR 306, South of Parachute
Sl1h DATA 35 acres split by CR 306
WATER Well
SEWER ISDS
ACCESS CR 306 ("Wallace Creek Road")
EXISTING ZONING ARRD
I. THE PROPOSAL
The Applicant requests the Board acknowledge that CR 306 has effectively split the parcel into
two lots which is allowable through the Subdivision Exemption process.
II. PROPERTY DESCRIPTION
The Applicant owns a 35 -acre parcel generally located southwest of Parachute which is currently
split by CR 306 (Wallace Creek Road). This split leaves approximately 29.3 acres (Lot 1) on the
north side of the road and 6.4 acres (Lot 2) on the south side of the road. The property contains
moderate to steep slopes with vegetative cover consisting of stands of pinyon and juniper as well as
sagebrush cover and is primarily used to graze livestock. Proposed Lot 2 has been improved by a
driveway off of CR 309 that serves a cleared building site. This property contains moderate to
steep slopes that fall in a south to north fashion down towards CR 309 and the property is heavily
vegetated with pinyon and juniper as well as well established mature sagebrush and oakbrush
cover.
III. REFERRAL COMMENTS
Staff referred the application to the following referral agencies for review:
1. The Grand Valley Fire Protection District: (Exhibit I): Agreed to a Fire Protection Plan
2. The County Road and Bridge Department (Exhibit H): Commented on cattle guards in
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the County Road and the necessity for driveway and road cut permits.
IV. GENERAL COMPLIANCE WITH THE COMPREHENSIVE PLAN
The property is located in Study Area 3. The area is designated as "outlying residential" which
assumes a development density of the underlying zone district of a minimum of 2 acres or more per
dwelling unit. The proposed residential / agricultural use and density are consistent with the
provisions of the Comprehensive Plan.
V. STAFF COMMENTS
A. Exemption Qualification Regulations
The language in the Exemption section of the County's Subdivision regulations (Section 8.52)
that the Board is most familiar with 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."
The same section also states that "any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) preventing joint use of the
proposed tracts, and the division occurs along the public right-of-way, 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."
Staff Finding
As it is presently configured, the property does not qualify for any more splits by way of the
traditional exemption process. However, this regulation also allows the Board to approve the
creation of a parcel if 1) it is separated by a County road and 2) the County road prevents joint
use of the property. In this case, a County road does physically split the property into two
parcels and the County Road and Bridge Department prefers that no additional cattle guards be
installed in CR 306 making road maintenance problematic which would mean that the two
parcels could not be grazed as one parcel for open range grazing. Further, Lot 2 has recently
been fenced which precludes cattle grazing across the county road which is consistent with the
policy of the Road and Bridge Department. Based on these facts, Staff agrees that the two tracts
now function as two separate parcels where Lot 1 is grazed and Lot 2 is not thereby meeting this
qualification and is also consistent with previous determinations of the Board on similar situated
/ configured parcels.
B. Garfield County Zoning Requirements
No property shall be created such that it conflicts with the underlying zoning regulations of
Garfield County.
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Staff Finding
The property is zoned A/R/RD which requires a minimum lot size of 2 acres. The proposed lots
will not exceed this minimum standard as the lots to be created are 29.301 acres (Lot 1) and
6.488 acres (Lot 2). Staff finds these lot sizes are consistent with the underlying zoning. The
property is presently used for agricultural purposes (cattle grazing) and is proposed to also be
used for residential use which are uses by right in this zone district. All uses and dimensional
requirements shall comply with the uses and dimensional requirements required in the A/R/RD
zone district as the properties develop.
C. 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";
Staff Finding
Both newly created lots will have direct access to CR 306. Presently there are several access
points (cattle gates) that front onto Lot 1 and a driveway has been installed providing access to
Lot 2. The County Road and Bridge Department suggests that as a requirement of any approval,
the existing driveways to each lot be required to be permitted and improved to meet the
requirements of Road and bridge Department for accesses. Further, since the Applicant proposes
to provide potable water to Lot 2 from a well on Lot 1, Staff suggests the Board require the
Applicant to obtain a permit for a road utility crossing so that a conduit can be installed under
the road that will physically accommodate a future water line from Lot 2. This permit and
physical improvement shall be accomplished prior to any final plat approval by the Board.
D. Water
Section 8:52 D of the Subdivision Regulations states "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."
Staff Finding
The Applicant has received a well permit for an exempt 35 -acre well from the Division of
Water Resources which may provide domestic water for three residential dwellings, 1 acre / foot
for lawn irrigation, and water for domestic animal watering. The Applicant proposes to serve
both parcels with this well. This shared well requires 1) a water well / line easement to be
defined and depicted on the plat and 2) a well sharing agreement that governs the use and
maintenance responsibilities of the well for both lots. The Applicant shall be required to provide
and record these documents as part of the final plat process.
Since the Applicant proposes to extend a water line from the well under CR 306 to Lot 1, the
Applicant shall be required to obtain the necessary road crossing permit from the County Road
and Bridge Department.
The Applicant supplied a 4 -hour well pump test completed by J & M pump Co. dated
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September 4, 1998 which indicated good production and strong recovery. This test, while
almost 7 years old, appears to satisfy much of the following criteria except for the following
which are underlined. Staff suggests, should the Board approve the requests, that the Applicant
also satisfy these remaining requirements prior to final plat. (See underlined)
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 is tested by an independent testing laboratory and meets State
guidelines concerning bacteria and nitrates.
h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
E. Sewer
The Board shall not grant an exemption unless the division proposed for exemption has satisfied
the following criteria: Provision has been made for a suitable type of sewage disposal to serve
each proposed lot.
Staff Finding
The Applicant proposes that an ISDS will handle wastewater generated on each lot for any
residential use established on each lot. The Applicant should understand the property contains
soils located in moderate to steep slopes and that development is limited by low strength and
shrink swell potential. Dwellings and roads can be designed to compensate for these limitations.
Should the Board approve the request, Staff suggests that individual sewage disposal systems
(ISDS) shall be engineered by a professional registered engineer within the State of Colorado.
This should be included as a plat note on the exemption plat.
F. All state and local environmental health and safety requirements have been met or are
in the process of being met
Staff Finding
No State or Local health requirements are applicable to the application with the exception of
Colorado Department of Health ISDS setback standards. The Applicant will be responsible for
meeting the required standards and criteria for the location of the wells relative to the placement
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of the ISDS systems.
G. Soils
The property contains soils called Potts-ildefonso complex and Potts Loam which indicate the
property may have moderate to steep slopes and that community development and recreation are
limited by low strength and shrink swell potential. Dwellings and roads can be designed to
compensate for these limitations.
Staff Finding
Should the Board approve the request, Staff suggests that foundations and individual sewage
disposal systems (ISDS) shall be engineered by a professional registered engineer within the
State of Colorado. This should be included as a plat note on the exemption plat.
H. Fire Protection
The property is located in the Grand Valley Fire Protection District. David Blair, District Fire
Chief, reviewed the proposal and provided a letter regarding fire protection which is located
within the application materials as well as provided referral comments directly to the Planning
Department (Exhibit I). The Fire Chief states, the Applicant will need to provide the following
minimum fire protection practices as part of their "Fire Protection Plan".
a. The Applicant shall provide a 1,700 gallon underground water storage tank to be located
near the proposed house location for Lot 2 fire protection purposes;
b. The District already provides water from an existing 9,000 gallon tank located '/ mile
from the proposed subdivision which will provide additional water;
c. The Applicant shall locate a 6,000 gallon tank on Lot 2 that will be maintained by the
District for fire suppression purposes and access to the tank shall be made available to
the District for this purpose; and
d. As far as access / egress requirements & defensible space, the Colorado State Forest
Service has recommended using the NFPA 299 standard, Protection of Life and
Property from Wildfire.
While not required, due to the heavy vegetation in the area, Staff would encourage the Applicant
to consider an increase in the amount of defensible space buffering around structures as well as
thin the area below the building sites on the steep hillsides. Specific methods to improve
defensible space can be provided by contacting the Colorado State Forest Service and reviewing
their "Firewise" materials regarding effective buffering or defensible space around structures.
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VI. STAFF RECOMMENDED FINDINGS
1. That proper posting and public notice was 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.
VII. STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners APPROVE this application for a
subdivision exemption 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. The Applicant shall be required to provide a 1) water well / line easement to be defined and
depicted on the plat and 2) a well sharing agreement that governs the use and maintenance
responsibilities of the well for both lots. The Applicant shall be required to provide and record
these documents as part of the final plat process.
3. The Applicant shall obtain driveway / access permits from the Road and Bridge Department for
the existing main driveways to Lots 1 and 2. Any necessary physical improvements required as
part of those permits shall be constructed prior to the sighing of the final Exemption Plat.
4. The applicant shall have 120 days from the date of this approval, to present a plat to the
Commissioners for signature from the date of conditional approval of the exemption;
5. Prior to the signing of a plat, the Applicant shall provide proof to the Building and Planning
Department that a well test has been completed that demonstrate the following points:
a. 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;
b. The water quality is tested by an independent testing laboratory and meets State
guidelines concerning bacteria and nitrates.
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The Applicant shall obtain a permit for a road utility crossing from the Road and Bridge
Department so that a conduit can be installed under the road that will physically accommodate
a future water line from Lot 2. This permit and physical improvement shall be accomplished
prior to any final plat a royal by the Board.
7. That the following plat notes shall appear on the Final Plat:
a. No further divisions by Exemption from the rules of Subdivision will be allowed.
b. 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.
c. All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
d. Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
e. 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.
f. 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.
g. 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.
8. The Applicant shall comply with the recommendations of the Grand Valley Fire Protection
District which includes, but is not limited to, the following:
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a. The Applicant shall provide a 1,700 gallon underground water storage tank to be located
near the proposed house location for Lot 2 fire protection purposes;
b. The District already provides water from an existing 9,000 gallon tank located lh mile
from the proposed subdivision which will provide additional water;
c. The Applicant shall locate a 6,000 gallon tank on Lot 2 that will be maintained by the
District for fire suppression purposes and access to the tank shall be made available to
the District for this purpose;
d. As far as access / egress requirements & defensible space, the Colorado State Forest
Service has recommended using the NFPA 299 standard, Protection of Life and
Property from Wildfire.
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GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: May 10. 2005
Comments Due: May 31, 2005
Name of application: Danna Knox Exemption
Sent to: Garfield County Road and Bridge Dept.
EXHIBIT
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: Fred Jarman
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Dept. would be agreeable to
subdividing of the property into two lots. We would prefer that no added cattle guards
would be installed in Cr. 306 road as there are several cattle guards now that require
yearly maintenance as well as problems for regular road maintenance and snow plowing.
If cattle guards are installed in County roads they will follow standards provided by
Garfield County Road & Bridge Dept. This will state the type of cattle guard, conditions
for installation and who is allowed to install the cattle guard.
As the length of proposed lot 1 has been fenced since the plat was drawn, I can see no
reason for installing a new cattle guard or cattle guards in this section of road.
Should this request to subdivide be granted we would request that the existing driveways
into lot 1 and 2 be permitted and improved to meet the requirements of the Road and
Bridge department for accesses. These permits will be issued by Garfield County Road &
Bridge Dept. with conditions specific to the accesses.
Should utilities need to be installed between lot 1 and lot 2 that cross Cr. 306 this would
require a utility permit issued by Garfield County Road & Bridge Dept. with conditions
specific to the location of these utilities?
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date May 25, 2005
Revised 3/30/00
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GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
PO BOX 295
PARACHUTE, CO 81635
(970) 285-9119, FAX (970) 285-9748
May 31, 2005
Fred Jarman
Garfield County Building & Planning Dept.
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Subject: Danna Knox Exemption
Mr. Jarmon,
EXHIBIT
I have reviewed the application for exemption and note that there is a letter from the
Grand Valley Fire Protection District dated 12-03-03. The conditions written at that time,
and signed by the applicant, can be considered applicable at this time. The District will
not impose any additional conditions.
If you have any questions regarding this review, I can be reached at the above listed
phone number.
David A. Blair
Fire Chief, GVFPD
Cc: File
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RECEIVED
JUN 0 2 2005
112 EXHIBIT
%alb
May 25, 2005
Garfield County Planning Department, GARFIELD COUNTY
BUILDING & PLANNING
This letter is in reference to a public notice my husband and I received concerning the
land owned by Danna Knox. The land in question is located approximately 4 miles SSW
of Parachute, CO on County Road 306 in the SW '/d of the NW 'A of Section 3, Township
8 South, Range 96 West of the 6th PM, Garfield County.
We feel that the idea of dividing the acreage up here on Spring Creek and Wallace Creek
is an excellent idea. A large portion of the land is heavily treed with cedar and has
numerous ravines running through it. Therefore, it is not much good for running cattle or
other livestock and is ideal for providing home sites for people who would like to live in
the country and maybe have a horse or two.
We have no objection to what Danna Knox is trying to do. Indeed, we support her in her
endeavor. We only wish that dividing land was easier up here since we own 39 acres
ourselves and would be interested in selling approximately half of it.
We wish Larry and Danna Knox all the best.
Sincerely,
Luke and Kimberly Gross
P.O. Box 735
7047 County Road 306
Parachute, CO. 81635
May 31, 2005
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GRAND VALLEY
FIRE PROTECTION DISTRICT
1777 S. BATTLEMENT PARKWAY
PO BOX itECV WED
PARACHUTE, CO 8163
(970) 285-9119, FAX (970286-27105
GARFIELD COUNTY
BUILDING & PLANNING
Fred Jarman
Garfield County Building & Planning Dept.
108 8th Street, Suite 201
Glenwood Springs, CO 81601
Subject: Danna Knox Exemption
Mr. Jarmon,
I have reviewed the application for exemption and note that there is a letter from the
Grand Valley Fire Protection District dated 12-03-03. The conditions written at that time,
and signed by the applicant, can be considered applicable at this time. The District will
not impose any additional conditions.
If you have any questions regarding this review, I can be reached at the above listed
phone numb,
David A. Blair
Fire Chief, GVFPD
Cc: File
vi
Plea�end Application to the Following Refe ;encies
App .. ion Name: 31 4/ ; (-
Date Application Sent: 3/ 0i/O6
Mt. Sopris Soil Conservation District
Bookcliff Soil Conservation District
Town of DeBeque /
'$ City of Rifle
Town of Basalt
Town of Carbondale
City of Glenwood Springs
Town of New Castle
Town of Silt
Town of Parachute
Eagle County Planning Department
Rio Blanco County Planning Department
Pitkin County Planning Department
Mesa County Planning Department
Burning Mtn. Fire District
Town of Silt Fire Department
Rifle Fire Protection District
Grand Valley Fire Protection District
Carbondale Fire Protection District
Glenwood Springs & Rural Fire
RE -1 School District
RE -2 School District
School District 16
Carbondale Sanitation District
Battlement Mesa Water & Sanitation
Spring Valley Sanitation District
West Glenwood Sanitation District
Mid -Valley Metropolitan Sanitation District
Roaring Fork Water and Sanitation District
Holy Cross Electric (Roaring Fork, S. of Co. River west)
Public Service Company (N of Co. River west)
KN Energy (S. of Co. River, Roaring Fork )
Western Slope Gas Company
US West Communications (G.S. & C'dale area)
US West Communications (N.C., Silt, Rifle)
US West Communications (Rifle, B.M., Parachute)
AT&T Cable Service
Colorado State Forest Service
Colorado Department of Transportation
Colorado Division of Wildlife (GWS Office)
Colorado Division of Wildlife (GJ office)
Colorado Dept. of Public Health & Environment
Colorado Division of Water Resources
Colorado Geological Survey
Colorado Water Conservancy Board
Colorado Mined Land Reclamation Board
Bureau of Land Management
Department of Energy — Western Area Power Admin.
Bureau of Reclamation — Western Colorado Area Office
US Corps of Engineers
Northwest Options of Long Term Care
Roaring Fork Transportation Authority
y Garfield County Road & Bridge
Garfield County Vegetation (Steve Anthony)
Garfield County Housing Authority
Garfield County Engineer (Jeff Nelson)
Garfield County Oil and Gas Auditor (Doug Dennison)
Garfield County Sheriff Department
REFERRAL FORM
Garfield County Building and Planning Department
108 8th Street, Suite 201, Glenwood Springs, CO 81601
(970) 945-8212/Fax: (970) 384-3470
ate Sent: May 9, 2005
Return Requested: May 31, 2005
File Name(s)
Project
Name(s)
Type of Application(s)
Stahl, Barry & Petersen, Jodi
Same
Conditional Use Permit
Staff Planner: Fred Jarman (fredjarman@garfield-county.com)
Phone: (970) 945-8212
Applicant: Barry Stahl & Jodi Petersen
Phone: (970) 625-1002
Contact Person:
Phone:
Location: located in Section 33, T 6S, R 94W;
7950 CR 309, Rifle, CO.
Summary of Request: Request is for a home based
curbing for storage of equipment for daily operations
business that specializes in weed control & concrete landscape
for Outdoor Services.
The Garfield County Planning Department has received a land use request as referenced above. Your comments
are an important part of the evaluation process. In order to review all appropriate agency comments and
incorporate them into the Staff Report, we request your response by Tuesday, May 31, 2005.
GARFIELD COUNTY
School District
Road & Bridge
County Attorney
COLORADO STATE
Water Resources
BI M
Geological Survey (Fee)
Health Department
Forest Service (Fee)
Wildlife Division
SERVICE DISTRICT
11 S West
Public Service
Holy Cross Electric
G.S./Carbondale Fire District
Silt/New Castle/Rifle Fire District
Soil Conservation District
Planning Commission
BOCC