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HomeMy WebLinkAbout2.0 Staff ReportREQUEST: APPLICANT: LOCATION: • . BOCC 12/20/99 PROJECT INFORMATION AND STAFF COMMENTS_ Anexemption from- the definition of subdivision. William N. Johnson A tract of land situated in Lot 1, Johnson Exemption in portions of Section 19 & 24, Township. 7 South, Range 87 West of the 6th P.M. SITE DATA: 116 +/- Acres WATER: Well SEWER: ISDS ACCESS: CR 103 EXISTING/ADJACENT ZONING: A/R/RD IY RELATIONSHIP TO THE COMPREHENSIVE. PLAN: According to the Garfield County Comprehensive Plan of 1995, the site lies in the Medium Density Residential area. The suggested density in this area is one dwelling unit per 2 to 6 acres. The proposal calls for 1. dwelling unit per 60 acres.. Staff finds that this proposal is in general conformance with the comprehensive plan. II. DESCRIPTION OF THE PROPOSAL A. Site Description-: The property is located on. CR 103 northeast of the Town of Carbondale along Crystal Spring Creek. The parent tract of land to be subdivided consists of 116.78 acres from which two (2) exemption parcels. of 3.49 and 113.19 acres in size will be created. 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 Page 1 of 5 • • Subdivision Regulations nor be detrimental to the general public welfare. DJ. MAJOR ISSUES AND CONCERNS A. B. C. est .7r1 ettetn 4\z'' D. 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 he 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 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." The applicant has provided proof of ownership in the form of a recorded warranty deed (book 865, page 277). The parent parcel (it was about 170 acres prior to 1/1/73) has been previously divided into three lots of about 9, 45, and 116 acres. This proposal is to divide the 116 acre parcel into 2 lots. Thus, a total of four (4) lots will have been created if this request is approved. Legal Access: Access will be provided CR 103. The applicant will need to obtain any necessary driveway permits. If the proposed access to Lot B is through Lot A, an easement and driveway sharing agreement wilt be necessary. Water & Sewer: Section 8:52 D of the Subdivision Regulations states the following: 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; Lot A will be served by a well, permit # 193559. Lot B will be served by second well, permit # 193643. Individual Sewage Disposal Systems (ISDS) will serve each lot. The Colorado Department of Health setback standards apply. Geologic & Hydrologic Conditions: The site is primarily composed of the Showalter- Morval complex 15%-25% slopes. Generally, this is a deep, well -drained soil with slow to moderate permeability which is poorly suited to home site development. The Page 2 of 5 • • primary constraints are slope, shrink -swell, and stones throughout the profile. E. Fire Protection: The applicant has included a letter from the Carbondale & Rural Fire Protection District dated 9/20/98 (see page ). The fire district letter states that the proposed -access lay -out, grade, and width -are adequate for fire trucks. Since the proposal does not call for any new housing units, water supply requirements for fire protection are not applicable. Water will be tarried on fire trucks .and augmented with a water supply,shuttle. Response time to the site is expected to be about 10 minutes. F. Easements Any required easements (drainage, ditch, access, well maintenance, f ` — utilities, etc.) are required to be 'shown on the exemption plat. G. School Impact Fees: Prior tothe approval of the final plat, the applicant will be required to pay the applicable school site acquisition fee, as adopted by the County, for each .newly created lot. .;am%, i.; t ' �' d dw-:a-,. ;✓' t tetevilJ e gyp, fir f 4.. e -j 44-4" IV. 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 fully met the requirements of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption. V. RECOMMENDATION: c Y Staff with -recommends APPROVAL of this -application with he 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. Pursuant to Section 8:33 of the Garfield County Subdivision Regulations: A Final Exemption Plat shall be submitted, indicating the legal description of the property, Page 3 of 5 • • dimension, and area of the proposed lots, 25 ft. wide accesses to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities; 3. Pursuant to Section 8:33 of the Garfield County Subdivision Regulations: That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption; 4. Pursuant to Section 8:42 I of the Subdivision Regulations: 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 Pursuant to..Section 8:52 B and 8:60 D of the Subdivision Regulations: That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be complied with. 6. Pursuant to Section 8:52 C of the Subdivision Regulations: The applicant shall obtain the necessary driveway permits prior to issuance of any building permits. 7. Pursuant to Section 8:42 D: Prior to the approval of an exemption plat, the applicant shall provide proof of legal and adequate source of domestic water for each lot created and will demonstrate that the water supply will meet the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) 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; 5) An assumption of an averag- or no less than 3S people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal well sharing agreement 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 will be filed with the exemption plat; 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; Page 4 of 5 • rPursuant to Section -8:60 1 1,2,&3, and Section 8:52 A of the Subdivision Regulations and Section 1.08 of the Zoning Resolution: That the following plat -nates 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". "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 hvestock and pets under control, usingproperty in accordance with zoning, and other is of using and ma property_ esidents and landowners are encouraged to learnut these rights and response 'lilies 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 bythe Colorado State Univeisity Extension Office in Garfield County." OUT v,)1/4)0 oreil (-}' • • William N. Johnson 1700 County Road 103 Carbondale, CO 81623 970-963-3998 H 970-663-1356 0 October 20, 1999 Garfield County Planning Department 109 8th Street Suite 303 Glenwood Springs, CO 81601 To Whom It May Concern: Attached is an application for an exemption to split off a 3.49 acre parcel with an existing house from an existing 116.78 acre parcel (2393 244 00 336). My reason for splitting the parcel off of the ranch is to reduce my debt prior to retirement and for health reasons. I hope you will consider my application. Sincerely, William N. Johnson Form No. GWS -25 APPLICANT OFFICE OF THE ST4 ENGINEER COLORADO DIVIS NATER RESOURCES 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 WILLIAM N JOHNSON P 0 BOX 427 CARBONDALE CO 81623- (970) 963-3998 PERMIT TO CONS I HUCT A WELL • 1095 WELL PERMIT NUMBER 19a'4f 43 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NW 1/4 SE 1/4 Section 24 Twp 7 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LINES 1908 Ft. from South Section Line 1800 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 39+ acres, described as that potion of the SE 1/4 of Sec. 24, Twp. 7 S., Rng. 88 W. of the 6TH P.M., Garfield County, more particularly described on attached exhibit A. 4) The use of ground water from this well is limited to ordinary household purposes inside one single family dwelling, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is retumed to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. ckk,"-%3 '19.- r \i? NER'S COPY APPROVED TLC 7/14.1 State Engineer Receipt No. 0396859B DATE ISSUED MAR 1 9 1996 By EXPIRIXTION DA MAR 1998 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 WILLIAM N JOHNSON 1698 CR 103 CARBONDALE CO 81623- (970) 963-3998 REGISTRATON OF EXISTING WELL • LR WELL PERMIT NUMBER 193559 DIV. 5 CNTY. 23 WD 38 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 24 Twp 7 S RANGE 88 W 6th P.M. DISTANCES FROM SECTION LINES 1653 Ft. from South Section Line 3630 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. This well is recorded, and permit approved, in accordance with CRS 37-92-602(5) for historic use as indicated herein and described in CRS 37-92-602(1)(b), being a well producing 15 GPM and used for ordinary household purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than one half (1/2) acre of home gardens and (awns. This well is on a parcel located at 1698 Garfield County Road 1031 being also described as lot 1 of the Johnson Exemption. The date of first beneficial use, as claimed by the applicant is July, 1903. pi .(1 APPROVED TLC State Engineer Receipt No. 0396859 OWNER'S CO Dy 4 / DATE ISSUED MAR 1 8 1996 EXP Y E',RATION DST. /V/4 `f Carbondale & Rural Fire Protection District 300 Meadowood Dr. Carbondale Colorado 81623 970-963-2491 September 20, 1998 Mr. Mark Bean Garfield County Planner 109 8th St. Glenwood Springs CO 81601 Dear Mark, I visited with Bill Johnson last month regarding his proposed lot split of his property located at 1700 County Road 103. Together we examined the proposed access to both lots and I found the proposed layout, grade and width to be adequate for the Carbondale fire trucks. Bill stated he plans to construct the access according to the Garfield County road standards which will provide adequate access consistent with other similar properties in Garfield County. The proposal does not call for any new housing units making any water supply requirements for fire protection not applicable. Water for fire protection for this property will be the water carried on the Carbondale fire trucks augmented with a water supply shuttle from our fill sites located in Missouri Heights. Response time to the property will be about 10 minutes with response coming from both the Carbondale and Missouri Heights fire stations. If you have any questions feel free to contact me at 963-2491. Sincere!.r_ Ron Leach, Chief Carbondale & Rural Fire Protection District • • Soils Soils on the parcel were mapped by the NRCS in the "Soil Survey of Aspen - Gypsum Area, Colorado". The parcel is entirely within the Showalter- Morval Complex. The soils at this site are Morval. The Morval soil is deep and well drained. It is derived from basalt. The permeability is moderate and available water holding capacity is also moderate. The effective rooting depth is 60 inches or greater. Runoff is medium and erosion hazard is slight. According to the soil survey this unit is used as rangeland, hayland or for homesite development. This is consistent with the current land uses on the ranch. F