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HomeMy WebLinkAbout2.0 Staff ReportExhibits —Dutton Exemption Administrative Review 7/19/2010 Exhibit Letter (A -Z) Exhibit A Mail Receipts B Unified Land Use Code of 2008 C Garfield County Comprehensive Plan of 2000 D Application E Staff Memorandum F Memo Jake Mall, Garfield County Road and Bridge, dated June 21, 2010 G Email from Jim Rada, Garfield County Public Health, received on June 17, 2010 H Letter from Sharie Prow, Bookcliff Conservation District, dated June 18, 2010 I Email from Dan Roussin, CDOT, received June 29, 2010 J Email from Karlyn Adams, Division of Water Resources, received June 30, 2010 K Email from Christie Barton, Mesa County Planning, received July 2, 2010 L Letter from Karen Berry, Colorado Geological Survey, dated July 7, 2010 PROJECT INFORMATION REOUEST Minor (2 -Lot) Exemption APPLICANT / OWNER Nathan Dutton LOCATION South and west of Parachute off of CR 306 SITE DATA 40 acres, Parcel No. 2447-121-00-045 WATER/SEWER Existing Well and Septic Systems ACCESS CR 306 EXISTING ZONING Rural STAFF RECOMMENDATION Approval w/conditions Dutton Minor Exemption Administrative Review I PROPOSAL Nathan Dutton is the owner of a 40 acre parcel of land in the southwest portion of Garfield County southwest of Parachute. The 40 acre property currently has a single residence on the site and an existing well producing well pad. The Applicant seeks approval of a Minor Exemption for one additional lot as permitted by the Minor Exemption process. The Applicant is requesting approval pursuant to 5-202 A. County Exemptions Requiring Platting, Minor (2 Lot) Exemption and 5-406 General County Exemption Criteria, of the Unified Land Use Code of 2008. The application proposes to create two parcels of approximately 20 acres each with access to CR 306 and divided by an existing private access road as shown below. Water will be provided by an existing permitted well and also Individual Sewage Disposal Systems. The current Dutton residence has an approved septic system and uses the well for domestic water. A new residence on the proposed lot would require testing and approval a new ISDS and connection to the shared well water system. 1 Dutton Minor Exemption Administrative Review ixYFon 12 Detail Scale.: 1,1000' DUTTON SUBDIVISION EXEMPTION Parcels of Lard Situate in the NW]; 4hE1/4 of Section 12, Township 8 South, Range 96 West of the Sixth Principal Meridian, County of Garfeld State afCColnrado Count, rwad No. 306 • 63, 1 1 8 II REFERRAL COMMENTS Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable. a. Garfield County Road and Bridge (Exhibit F) b. Garfield County Vegetation Manager (No Comment) c. Garfield County Surveyor (No comment) d. Colorado Department of Transportation (Exhibit I) e. Colorado State Forest Service (No comment) f. Garfield County Environmental Health (Exhibit G) g. Colorado Geologic Survey (Exhibit L) h. School District Garfield 16 (No comment) i. Grand Valley Fire District (No comment) j. Mesa County (Exhibit K) k. Town of Parachute (No comment) 1. Division of Water Resources (Exhibit J) m. Planning Contract Engineer (No Comment) n. Bookcliff Conservation District (Exhibit H) 2 Dutton Minor Exemption Administrative Review III RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 3 of the Comprehensive Plan of 2000 and is designated Outlying Residential. IV ISSUES AND CONCERNS Subdivision Exemption Regulation/Property Eligibility Section 5-202 of the Unified Land Use Code of 2008 stipulates specific requirements for a minor exemption: A. Minor (2 Lot) Exemption. Division of land by which no more than two (2) parcels, i.e. one (1) new parcel and the remainder parcel, will be split from any parcel that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973, regardless of size, as long as the resulting parcels meet the minimum lot size for the underlying zone district The proposed Minor Exemption shall satisfy the criteria in Section 5-407, Genera( County Exemption Criteria, and shall require recording of a Minor Exemption Plat, describing each Exemption Lot by a metes and bounds legal description and as a numbered or fettered ''Exemption Lot". The subject property existed in its somewhat -current configuration prior to January 1st, 1973 with numerous deeds and a parcel history provided by the applicant's representative. The request for Minor Exemption appears to meet the requirements of the ULUR. Domestic/Irrigation Water Legal Supply A well permit for the existing home was issued under permit number 279469 but the Department of Water Resources noted that the permit has not been finalized and requests the applicant to complete and submit the Well Construction Report. If the applicant fails to submit the final report he will need to apply for a new well permit which may affect the use of water to residential uses only. The current permit allows for three single family residences, watering of animals, fire protection, and irrigation of up to one acre. Physical Supply The well has sufficiently served the existing single family home but no well pump or quality test were submitted. The applicant notes that a well test is being performed and will submit the required tests for quality and quantity prior to recording the final plat. A final well test and well - sharing agreement is required and is a condition of this approval. Zoning The subject property is located within the Rural Zone District. As required by the ULUR, the Applicant's proposal does conform to all County zoning requirements and zone district standards. Access The proposed exemption lots have direct access to County Road 306. Dan Roussin, CDOT, responded to the application noting that there are no issues with this site accessing the state highway system. 3 Dutton Minor Exemption Administrative Review Garfield County Road and Bridge commented on this Minor Exemption noting no impacts to the County Road System but has recommended a condition for a stop sign at the intersection of CR 306 and the private road upon application for a new residence or other construction on the site. The site is located outside any required road impact fee area. Wastewater The site is currently served by an Individual Sewage Disposal System (ISDS) and a new residence would require a new ISDS permit. The Colorado Geological Survey commented on the site geology and soils noting that engineered septic systems may need to be engineered due to slow water movement, steep slopes, and large stones. A condition has been added to address septic system site constraints. Fire Protection The subject property is located within the Grand Valley Fire District and Deputy. The Fire District was sent an application for referral comments but none were received. There is a letter in the application from the District noting that fire protection for the site is adequate. Easements The site is subject to existing easements including a roadway easement for County Road, pipelines, and utilities. The applicant's representative notes there is some negotiation with Garfield County for the location of the public road easement. The Applicant shall legally describe all easements — including any roadway relocations, prior to submitting the final plat for recording. Staff has including a condition to satisfy this requirement as a condition of approval of the application. Schools The site is located in the Garfield 16 School District. Payment in lieu of dedication is required for all new dwelling units in the amount of $200.00/dwelling unit. Staff has including a condition to satisfy this requirement as a condition of approval of the application. Vegetation Steve Anthony, County Vegetation Manager did not comment on the proposed Minor Exemption. Bookcliff Conservation District did request that the owner manage weed infestations on site. Geology The Colorado Geological Survey commented on the site geology and soils noting that engineered septic systems may need to be engineered due to slow water movement, steep slopes, and large stones. A condition has been added to address septic system site constraints. No other geologic hazards were identified. V PROPOSED FINDINGS 1. That proper notice was provided to adjacent property owners as required by the Unified Land Use Code of 2008; 4 Dutton Minor Exemption Administrative Review 2. That the administrative review was extensive and complete, that all pertinent facts, matters and issues were submitted and that adjacent property owners had the ability to be heard regarding this request; 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, and welfare of the citizens of Garfield County; 4. That the application has met the requirements Article V, Division 4 and Article VII of the Garfield County Unified Land Use Code of 2008 if conditions of are satisfied. VI STAFF RECOMMENDATION Staff finds the proposed Exemption may comply with the Garfield County Unified Land Use Resolution of 2008 if conditions of approval are required. Staff recommends that the Director of Building and Planning conditionally approve the Dutton Minor Exemption and allow the applicant to complete the following conditions of approval prior to signature by the Board of County Commissioners. 1. The Applicant shall include the following text as plat notes on the exemption plat: a. Control of noxious weeds is the responsibility of the property owner. b. 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. c. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d. 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. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, 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 5 Dutton Minor Exemption Administrative Review operations. e. 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. f Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, %Z inch in width and contracts with background color. g. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and h. The following geologic plat notes shall be placed on the Exemption Plat: Prior to issuance of a building and septic permits, a site specific soils, percolation, and foundation investigation shall be conducted. 2. The exemption plat shall describe all necessary easements for provision of utilities and public roads. 3. Prior to the signing of the plat the Applicant shall provide County Staff a legal well sharing declaration/agreement which discusses all easements and cost 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. 4. The Applicant shall complete the Well Construction Report for well permit number 279469 which expires on December 12, 2010, prior to the recording of the Minor Exemption Plat and submit a copy of the Well Construction Report to County Staff. 5. The property is located in School District Garfield 16. As such, the Applicant shall be required to pay a $200 fee in -lieu of School Land Dedication for the additional lot created. This fee shall be paid prior to the signing of the exemption plat by check made out to the Garfield County Treasurer. 6. The Applicant shall install MUTCD approved stop sign prior to issuance of a Certificate of Occupancy for any new residence or other construction. 6 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: June 11, 2010 Comments Due: July 2, 2010 Name of application: Nathan Dutton Exemption Sent to: Garfield County Road & Bridge Department 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: Thomas Veljic 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objections to this application with the following comments. As this a..lication is usin ' a drivewa that is alread in existence no new drivewa access permit shall be needed. As there is more than one residence using this driveway a stop sign shall be required at the entrance of the driveway access to Cr. 306. The sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). The sign shall be installed prior to issuing a CO for actual residential use or any construction involved with this application. Should any construction be involved with this application all vehicles hauling equipment or materials shall abide by Garfield County's oversize/overweight permit system. All vehicles requiring; oversize/overweight permit shall apply for them at Garfield County_ Road and Bridge Department. Name of review agency: Garfield County Road and Bridge Department By: Jake B. Mall Date _June 21, 2010 Revised 3/30/00 Tom Veliic From: Jim Rada Sent: Thursday, June 17, 2010 12:31 PM To: Tom Veljic Subject: MIEA5309 - Nathan Dutton Exemption Attachments: Jim Rada (jrada@garfield-county.com).vcf; image001.gif Tom, I have no issues or recommendations to raise concerning this application. Thanks for the opportunity to be part of the process. Jim Rada, RLh5 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada angarfield-county.com Web www.garfield-county.com 1 C conserving natural resources for our future Bookcliff Conservation District 258 Center Dr., Glenwood Springs, CO 81601 970-945-5494 ext. 105 www.bookcliffcd.orq June 18, 2010 Garfield County Building and Planning 108 8th St Suite 401 Glenwood Springs, CO 81601 Re: Nathan Dutton Exemption Bookcliff Conservation District approves the minor 2 -lot exemption request from Nathan Dutton. We encourage all landowners to manage their noxious weeds that can become prolific from home and gas development . Please let me know if you need more information. Thank you. Sincerely, Sharie Prow, District Manager Bookcliff Conservation District Charles Ryden, President, Jim Lemon, V -President, Larry Sweeney, Secretary / Treasurer Tony Barrie and Mike Mello, Board Members Dennis Davidson, Irrigation Water Management Specialist Sharie Prow, District Manager Tom Veliic From: Roussin, Daniel [Daniel.Roussin@DOT.STATE.CO.US] Sent: Tuesday, June 29, 2010 9:40 AM To: Tom Veljic Subject: Nathan Dutton Minor Exemption to create 2 exemption lots EXHIBIT Tom — I have no comments on the Nathan Dutton Minor Exemption to create 2 exemption lots. This doesn't appear to have a major impact to CDOT right of way. Thanks Dan Roussin Region 3 Permit Unit Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 970-683-6284 Office 970-683-6291 Fax 1 EXHIBIT Tom Veliic From: Adams, Karlyn [Karlyn.Adams@state.co.us] Sent: Wednesday, June 30, 2010 2:25 PM To: Tom Veljic Subject: Dutton Minor Exemption Thomas: We have completed a preliminary review of the Dutton Minor Exemption, however per the March 4, 2005 Memorandum to All County Land Use Planning Directors concerning State Engineer's Actions on Proposed Water Supplies for Land Use Actions, a physical adequacy review has not been completed. The Dutton well, Permit No. 279469, is currently issued as an exempt well for the 40 acre parcel. Currently permitted uses include three indoor single family dwellings, fire protection, watering of poultry, domestic animals and livestock on a farm or ranch, and irrigation of one acre of home gardens and lawns. However, a Well Construction Report has not been submitted to DWR; if this or a permit extension request is not submitted in writing prior to December 12, 2010 the permit will expire. Please note that if the current permit expires and a new application is submitted after the parcel has been split, new exempt well permits would be limited to household use only. If the permit remains in effect and the parcel is split either the well would need to be shared or a new well would need to be drilled on the second parcel. However a new permit could not be issued for the additional parcel while Permit No. 279469 is in effect because the current permit covers the entire 40 acres. For a new permit to be issued Permit No. 279469 would need to be canceled and replaced with two permits that cover the respective 20 acre parcels. Exempt permits would be household use only in this instance. If you or the applicant have any questions concerning this matter, please contact this office for assistance. Karyn Adams, E.I.T. Water Resource Engineer 1313 Sherman Street, Suite 818 Denver, CO 80211 (303) 866-3581 office (303)866-3589 fax 1 Tom Veliic From: Christie Barton [Christie.Barton@mesacounty.us] Sent: Friday, July 02, 2010 9:56 AM To: Tom Veljic Subject: Nathan Dutton Exemption The Development Review Team consists of representatives from the Mesa County Department of Planning and Economic Development, Mesa County Public Works Engineering Department, Transportation Planning and the Regional Transportation Planning Office (RTPO). No issues identified. Christie Barton Senior Planner STATE OF COLO' COLORADO GEOLOGICAL SURVEY --serving the people of Colorado Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 July 7, 2010 Mr. Thomas Veljic Garfield County Building and Planning Department 108 8th Street Suite 401 Glenwood Springs, CO 81601 Re: Nathan Dutton Exemption, CGS GA -10-0008_1 Dear Mr. Veljic: 2 EXHIBIT COLORADO 1�E1'A1 TMENT OF NATURAL RESOURCES Bill Ritter Governor Michael King Executive Director Vincent Matthews Division Director and State Geologist Thank you for the submittal of the above referenced proposal. The proposal is to subdivide about 40 acres into two lots for agricultural and single-family residential uses. County Road 306 bisects the site with Lot 1 located north of the road and Lot 2 south of the road. A modular structure and accessory structures are located on Lots. Spring Creek is located just north of the site. Along a drainage, slope gradients are as steep as 25%. Both lots have large open areas with gentle slopes. Generally, there do not appear to be any geologic hazards that would prevent the development. The site is underlain by gravel deposits that likely overlie the Wasatch Formation. This formation does contain shales and claystones that are prone to instability when undercut by drainages or on steep slopes. Development on or near steep slopes or on the flanks of drainages should be avoided. Soil survey data indicates that engineered septic systems may be required due to slow water movement, steep slopes, and large stone. Prior to issuance of building and septic permits; a site-specific soils, percolation, and foundation investigation should be conducted. Please contact me if you have any questions or concerns. I can be reached at 303.866.2018 or by email at karen.berryAstate.co.us. Sincerely, Karen A. Berry Geological Engineer, PG, AICP, CPESC-SWQ REFERRAL FORM Garfield County Building and Planning Department 108th 8th Street, Suite 401, Glenwood Springs, CO 810601 (970)945-8212/Fax:(970)384-3470 Date Sent: June 11, 2010 Return Requested: File Number/Name(s) Project Name(s) Type of Application(s) MIEA 5309 Nathan Dutton Exemption Minor (2 -lot) Exemption Staff Planner: Thomas Veljic tveljic@garfield-county.com Phone: 970-945-8212 Applicant: Nathan Dutton Phone: (406) 531-6777 Contact Person: Kelly Cave, Esquire/ Dan Kerst, P.C. Phone: (970) 945-2447 Location: 4000 CR 306 Summary of Request: Minor Exemption to create 2 exemption lots. Ditch Company 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 July 2, 2010. GARFIELD COUNTY Office or Division OTHER Number or Detail Road & Bridge X Engineering - Chris Hale CD Attorney X County Surveyor Plat Only Housing Ditch Company Sheriff's Dept. Board of County Commissioners Vegetation Manager CD Environmental Health X Oil and Gas Public X& CD COLORADO STATE LOCAL/FED GOVT ENTITIES Water Resources / State En'iiwer CD Town — Parachute CD Geological Survey (Fee) CD County — Mesa CD Department of Transportation X Bureau of Land Management Water Conservancy Board US Forest Service Mined Land Reclamation Board U.S. Army Corps of Engineers Health Department Forest Service (Fee) CD Wildlife Division (GJ Office) DISTRICTS/SERVICES U.S West X Public Service Holy Cross Electric X Postage: 15.30 AT&T Admin time: 1 hour School District — Garfield -1 6 CU Fire District — Grand Valley FPD CD Soil Conservation District X Water/Sanitation RFTA