Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 03.08.2004o o Exhibits for Public Hearing on 03/08/04 (BOCC) A Mail Receipts B Proof of Publication C Garfield County ZonineRezulations of 1978, as amended D Garfield County Subdivision Rezulations of 1984, as amended Garfield County Comprehensive Plan of 2000E F Application G Staff Memorandum H Memo from the County Vegetation Management Director dated 312104 I Letter from Austin Marquis received 2123104t{lttr-f*- Gd,t erh) 3.5-dl-) o BOCC O3lOSlM FI PROJECT INFORMATION AND STAFF COMMBNTS REOUEST Exemption from the Definition of Subdivision OWNER (APPLICANT)Nan Kelly PROPERTY LOCATION 1022 CR 112 (Missouri Heights) SITE DATA 40.3 acres WATER Well SEWER ISDS ACCESS CR 112 (Crystal Springs Mountain Road) EXISTING ZONING A/R/RD SURROUNDING ZONING A/R/RD I. DESCRIPTION OF THE PROPOSAL The Applicants propose to divide their 40. 3 acre property into a total of 2 lots where Lot I has 29 .4 acres and [,ot 2 has 10.9 acres. The property is located on CR ll2inthe Missouri Heights area and was originally a part of the Callicotte Ranch. The photo on the left shows the proposed building site of the new lot (l-otz).The photo on the right shows the main access to the Kellypropertyfrom cR 112. a o o II. AUTHORITY OF THE BOARD OF COUNTY COI\d]\ISSIONERS Section 8:10 provides 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. III. REFERRAL AGENCIES The application was referred out to the following agencies / county departments for their review a. County Road and Bridge Department: No comments received.b. Carbondale and Rural Fire Protection District: Comments provided in the application.c. County Vegetation Management Director (Exhibit G) d. City of Glenwood Springs No comments received. e. Town of Carbondale: No comments received. IV. GENERAL COMPLIANCE WITH THE COMPREHENSIVE PLAN The property is located in Study Area 1. The area is designated as "residential medium density" in the plan which proposes a residential development density of 6 to 9 acres per dwelling unit. V. STAFF COMMENTS A. Rezulations for Exemption Oualification 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 createdfrom any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January l, 1973, and is not a part of a recorded subdivision. For the purposes of deJinition, all tracts of land thirty-five (35) acres or greater in size, created after January l, 1973, will count as parcels of tand created by exemption since January l, 1973." The property was split from the original Callicotte Ranch in 1993 as a statutory exemption. The application also points out that the Ranch also cut a small portion off to the Patteson Family in 1967, even though it has no bearing on this present request. The County considers the statutory split that created the Kelly property to be the first of a total of four parcels that could be created from the parent property (Callicotte Ranch). In this way, the proposed Kelly split will leave one last exemption lot available to be created. Simply put, as a result of the present proposal, there have been two exemption splits and the remainder of the parent parcel so that one more is available before all four lots will be extinguished. This standard is met. B. AII Garfield Countv zonine reouirements will be met The property is zoned AgriculturaU ResidentiaU Rural Density (A/R/RD). As proposed, the lots comply with the minimum lot size. All proposed uses shall comply with the uses set forth in this zoning and all structures shall comply with the uses and dimensional requirements stated therein. 2 o o The proposed exemption will not conflict with the underlining zoning as proposed. Staff finds this standard to be met. C. Lesal and Phvsical 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 ere in the process of being obtained"; Access to the property is provided via a legally recorded easement from County Road 1 12. Access to [,ot 1 would be the same as currently exists. Access to [,ot 2 is proposed to be provided by an additional existing easement from CR 1 12 over a portion of the neighboring property to the north. In this way, the easements proposed to serve both lots have already been obtained and are located in the County Clerk and Recorder's Office. The Applicant provided the easement that would serve I-ot2 in the application which specifically contemplates that the easement may be used to serve a second dwelling on the property which is the subject of this application. [As a side note regarding traffic, the background traffic (average daily trips) on CR ll2 ascounted at the CR 103 intersection is 459 as of the summer of 2002. The new lot being created will generate approximately 9.57 trips and is equal to a O.O2 percent increase to that background traffic.l D. Water Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an exemption unless the division proposedfor exemption has satisfied the following criteria: Provision has been madefor 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 property is presently served by an existing well constructed under permit#l73634which may provide water to three single-family dwellings. The Applicant proposes to share this well between the two lots whose ownership and use will be governed by a well sharing agreement. The well was tested in 2003 at 13 gallons a minute and had virtually no drawdown. This report is attached to the application. It appears the well is legally and physically adequate for the proposed use. The well is located on Lot 1. The Applicant shall establish and delineate a well easement forthe well head and line to l-ot} on the final plat and that shall also be included in the well sharing agreement. E. Sewer "The Board shall not grant an exemption unless the division proposedfor 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 qtoe of sewaee disposal to serve each proposed lof'; The Kelly residence is presently served by and ISDS. The Applicant proposes that wastewater from the new lot (Lot 2) handled ISDS. Based on the soil types in the area, Staff shall require that the Individual Sewage Disposal Systems shall be engineered by a professional registered engineer within the State of Colorado. This shall also be included as a plat note on the final plat. 3 O F. All state and local environmental health and safety requirements have been met or are in the process of beins met There are no additional state or local health or safety requirements to be met as a function of this Exemption. The Applicant shall be required to comply with all of the standards and criteria forthe construction of ISDS as required by the Colorado Division of Public Health and Environment. Staff finds this standard to be met. G. Soils There are two soil tlrpes in the area on the property which are listed here with their comments regarding community development on those soils: home site development with this soil. sloped areas of this soil class are suitable for home site development. The main limitations are stoniness and slope. Erosion is a hazard in steeper areas. This property is located in the Carbondale Collapse Center and is generally susceptible to shrink / swell soils and eagle valley evaporite. As a result, Staff finds that based on the limitations outlined in these soils types, the final plat shall contain a plat note require all foundations and septic systems to be engineered by a professional engineer registered in the state of Colorado. H. Fire Protection The property is located in the Carbondale and Rural Fire Protection District. The Comprehensive Plan shows the property is located in an area of moderate wildfire hazard due to vegetation and steep slopes. The District stated that while the property is served by the District, all new residences constructed on the lots being created shall install automatic fire sprinklers regardless of their size. This shall also be included as a plat note on the final plat. I. Anv necessarv drainage. irrigation or utilitv easements have been obtained or are in the process of beine obtained The Applicant proposes to share the existing well with the newly created lot. As such, this well will need to have access and maintenance easements depicted for the benefit of both Lots 1 and2. These easements shall be required to be legally described and depicted on the final plat as well as placed in the well sharing agreement. The well sharing agreement shall outline the legal responsibilities and on going obligations of both lots. This has been a cr:ndition of approval. O 4 O J. VesetationManasement The County Vegetation Management Director indicates that there is a potential for plumeless thistle, Scotch thistle, musk thistle, Russian knapweed, Russian-olive and whitetop to be found in the area. As a result, the County Vegetation Management Director requests that the Applicant shall map and inventory the property for Garfield County Noxious Weeds. The Applicant shall be required to provide a map or sketch that has the locations of weed infestations. The Applicant shall provide a weed management plan for the inventoried noxious weeds. K. Fees The property is located in RE- I School District which generally requires a school / land dedication fee of $200 per lot. The Carbondale and Rural Fire Protection District requires a fire protection impact fee of $417 per new lot. These fees shall be paid prior to recordation of the final plat. 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. V[ 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. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of conditional approval of the exemption. 3. That the following plat notes shall appear on the Final Plat: a) Only one last division 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 o 5 o 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. 0 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 undercontrol, 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. h) All new residences constructed on Lots I and 2 of the Kelly Exemption shall install automatic fire sprinklers regardless of their size. 4. Because the well will be shared between [,ots 1 and 2 of the Kelly Exemption, the Applicant shall be required to establish a maintenance and access easement to all components of the shared water system from the well head for the benefit of Lots I and? which shall include all components of the shared water system. This easement shall be legally described and depicted on the final plat as well as in the protective covenants and in the well sharing agreement. 5. The Applicant shall provide a legal opinion as to the nature of the easement that presently seryes the Kelly property from CR 1.12 rn order to determine whether it can legally provide access to Lot 2 as well as Lot I of the Kelly Exemption. 6. The property is located in RE-1 School District which generally requires a school / land dedication fee of $200 per lot. The Carbondale and Rural Fire Protection District requires a fire protection impact fee of $417 per new lot. These fees shall be paid prior to recordation of the O 6 O o final plat. 7. Prior to the signing of a plat, the Applicant shall provide proof to the Building and Planning Department that following has been completed regarding the well on the property that is to serve both Lots: a. A written opinion of the person who conducted the well pump test that this well should be adequate to supply water to the number of proposed lots; b. An assumption of an average of no less than 3.5 people per dwelling unit, using lfi) gallons of water per person, per day; c. 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; d. The water quality be tested by a, independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 8. The Applicant shall map and inventory the property for Garfield County Noxious Weeds. The Applicant shall be required to provide a map or sketch that has the locations of weed infestations. The Applicant shall provide a weed management plan forthe inventoried noxious weeds. These documents shall be approved by the County Vegetation Management Director and presented to the County Building and Planning Department prior to final plat. 7 o o To: From: Re: Date: MEMORANDUM Fred Jarman Steve Anthony Comments on the Kelly Subdivision Exemption March 2,2004 Thanks for the opporh.rnity to comment on the Kelly Subdivision Exemption. Staff requests that the applicant map and inventory the property for Garfield County Noxious Weeds. please provide a map or sketch that has the locations of weed infestations. The applicant shall provide a weed management flanfor the inventoried noxious weeds. There is a potential for plumeless thistle, Scotch thistle, musk thistle, Russian knapweed, Russian-olive and whitetop to be found in the area EXHIBIT I GARFIELD COUNTY NOXIOUS WEED LIST Common name Scientific name o Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum fficinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea dffisa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima C hry s anth emum I eucanth eum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifulia o Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive a County Commissioners Garfield County Plaza Building 198- 8th Street Glenwood Springs, Colorado 8.l60 Subj: Nan and David Kelley property. 1o22 County Road l1Z Carbondale. Co g l6?3 Dear Commissioners: I reside at o956 County Road 1 12 and have no objection to the sub-division listed above.However I think the question should be raised as to the use of these two properties and ifhouses are to be built on one or both of these two properties "are they visible from 1 12 road.Their a number of houses crowed into this space west'of their property and any more begansto affect the rtural nature of this area. o n arquis -o-"i!,,2,2' 1121956 County larbondale, Colorado 8 1 623 EXHIBIT Ir.cf! -l- 3'i1[J'; o Garfield County Road and Bridge, District I 7300 Hwy 82, Glenwood Springs, CO 81601 970-945-1223 ph, 945-1318 fax o -t'ECElViiiJ MAR 0 2 2004 GARttEtl-:i., l:-,t. i ( gJbtNO & ;ir-''Fti':li'iG Date: 03-03-04 To: Fred Jarman Building and Planning From: Bobby Branham Re: Kelly Exernption Upon review of the application for exemption, I find that the new access road would not attach to or become a part of any maintained county road and would therefore be exernpt from road and bridge standards. I also find that the addition of one single family unit would not have any significant impact upon CR 112, CR 103, or CR 113. In addition the applicant would need to conform with all weight and width permit requirements applicable to these roads. Bobby Branham Dist 1. Road and Bridge