HomeMy WebLinkAbout2.0 BOCC Staff Report 02.05.1996ao
BOCC U5t96
PROJEST TNFORMATION AND STAFF COMMENTS
REQTTEST:An exemption from the def,rnition of
subdivision.
APPT,TCANT:Kurt Gronau
LOCATION:A tract of land located in Section 21,
T7S, R89W of the 6th PM, located
approximately 7 miles south of
Glenwood Springs, off of County
Road 168, in the Four Mile area.
SITE DATA:40 aores
WATER:Wells
SEWER:ISDS
ACCESS:CR 168
EXISTING/ADJACENT ZONI NG:A/R/RD
I. REI-ATIONSHIP TO THE COMPREHENSIVE, PLAN
The site is located in the Low Density Residential District - 10+ acre/du, as designated
on the Garl-reld County Comprehensive Plan Proposed Land Use Districts, Cattle Creek
Area, Map.
II. DESCRIPTTTON OF TFIE PROPOSAL
A Site Description: The property is located south of Glenwood Springs, off of a
private access easement accessed by County Road 168. The property includes
sloping lands descending lrom the south to the north, with scrub oak being the
predominant vegetation. There is a new house on the property, that the
applicants had built recently on the parcel the larthest up the mountain. Vicinity
map is shown on pog.tJil 6
Project Description: The applicant. is proposing to split the 40 acre pard into
two (2) tracts of approximately 20.0 acres each in size. A sketch plan of the
proposed exemption submitted with the application is shown on page ?
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IIT. MAJOR ISSTIES AND CONCI]RNS
A. Subdivision Regrrlations. Seotion 8.52 of the Garf,reld County Subdivision
Regglations state that "No more than a total of lour (4) lots, parcels, interests
or clwelling units will be create<l lrom any parcel, as that parcel was described in
the records of the Garfield County clerk and Recorder's Olfice on January 1,
1973, anfl is not a part ol a reoordecl subclivision; however, any parcel to be
6ividetl by exernption that is split by a public right-of-way (State or Federal
highway, County road orrailroad) ornatural feature, preventing joint useolthe
proposed tracts, and the division occurs along the public right-o[-way ornatural
feature, suoh parcels thereby oreated may, in the discretion of the Board, not be
consi6ered to have been created by exemption with regard to the four (4) lot,
paroel, interest or dwelling unit limitation otherwise applicable;
A deed recorded in the Clerk ancl Reoorders Office describes the parenl parcel
in l972,Book 436, Page 263, asan 82.3 acre traot. This traot was subsequently
split into two 40 acre tracts. In 1994, James Irwin received approval to split one
ol the tracts into two 20 acretracts by Resolution No. 94-095. Therefore, one
additional parcel may be created through the exemption parcel as it existed on
Jernuary L,7913
Zoning. All olthe parcels exceed the two (2) aore minimum lot size conststent
with the A/R/RD zone district. The Oak Meadows subdivision has lot sizes
generally consistent with the proposed exemption tracts.
The A/R/RD zone clistriot allows an aocessory clwelling, up to a maximum of
1500 sq. ft. in size, as a use by right, subject to meeting certain conditions. One
of the conditions ol approval is a legal adequate source of domestic water for
two (2) dwellings. Tlie well serving the proposecl lots can Serve a maximum of
three clwellings. This rueans that one ol the two lots proposed, will not be
allowed to have an aocessory dwelling without augmenting the water supply to
allow lor a total of four (4) dwellings on the properties in question. Until this
is done, a plat note shoulcl be plaoe<l on the plat stating " Lot
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is allowed to
have only one single lamily dwelling, due to dwelling unit limitations on the well
permit in plaoe at the time of signing this plat."
C I,egal Access. The parent paroel is accessed via a private access easement
through the other two exempt parcels createcl in 1994 and a private road ollof
CR 168. County Road 168 (Sun I(ing Drive) encls below the access easement in
a private roatl that is maintainecl by the property owners in the Oak Meadows
sub{ivision ancl the two other exemption parcels approved previously. Prior to
approval of an exemption plat, the applicant needs to enter into the same kind
o[agreement thal. the previous lanclowner did 1o be<;ome a member of the Oak
Meaclows Flome Owners Assooiation. A copy of the letter needs to be included
with the l-rle in the Planning Department.
Water and Sewer The applicants propose to use water lrom a domestic well
drilled under permit No. 183332 and adjudicated in Case No. 80CW98, to
provide clomestic water the lots. The well will have to have a legally described
access and maintenance easement 20'square around the well head and a 10'wide
access and maintenanoe easement from the well easement to the other parcel,
shown on the plat. A<lditionally, prior to the signing of a plat, the applicant will
submit a oopy o[ a well sharing agreement that defines the obligations of both
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property owners for the ownership, maintenance and repair of the well and
assooiated water lines. This agreement should also inolude language restricting
one ol the two lots to only a single lamily dwelling, to be consistent with the
previously noted plat note on aocessory dwellings.
ISDS will be provided by ISDS. Soils on the sites proposed for homesites are
not in area mapped by the SCS, but the soils information submitted lor areas
adjacent to the proposed lots indioate the potential lor severe ISDS constraints
clue to slow percolation rates and the depth of bedrock. This soils inlormation
is for slopes in between 25 and 45 peroent. Both an adjoining lot and one of the
proposed lots have been able to hnd sites lor ISDS.
State and I-ocal Health Standards. No State or Local health standards are
applicable to the application, with the exception of Colorado Department ol
Health ISDS setback standards, which should be verif-red by an engineer.
Fire Preteclion. 'fhe Fire Distriot has responded to the application. (See letter
pg. I ) The letter notes that the Uniform Fire Code cloes not have any
requirements as the projeot was proposed. In a verbal conversation with Jaok
Jones, Assistant Chiel, he indicated that ilmore than one dwelling is built on any
of the lots, then the UtrC aocess and water supply requirements would be
applioable. A plat note to that affect would be appropriate.
Given the steepness of the slopes and the heavy oak brush cover, the Colorado
State Forest Service guiclelines lor construction in an area with the potential for
wilclhre should be required. This should be included in the plat note associated
with the UFC requirements.
School Imnact Fees The applicant will be required to pay the $200.00 school
impact lee lor the new lot, prior to the approval of the hnal plat.
Building ArerL. The lots appear to have areas that may have slopes over 40%n
grade. The SCS Soils Survey indicates that building sites with slopes over 25olo,
have severe limitations due to slope lor dwellings with or without basements.
The County Geographio lnlormation System indi<;ates that there is moderate
slope hazard in the area in question. A plat note indicating that construction
on slopes over 25'Y,, may result in the need for an engineered loundation
IV. ST TGGESTED FTNDINGS
That proper posting and public notice was provided as required lor the meeting
bel'ore the Board of County Commissioners.
That l.he meeting belore the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties wer:e heard at that meeting.
That for the above stated and other reasons, the proposed exemption is in the
best interest of the health, safety, rnorals, convenience, order, prosperity and
wellare of the citizens of Garfield County.
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v RECOMMENDATION
Stalf recommends ApPROVAL of the application, subject to the lollowing oonditions:
That all representations olthe applicant., either within the application or stated
at the meeting belore the Board of County Commissioners, shall be considered
conditions of approval.
2.A Final Exemption Plat shall be submitted, indicating the legal description of the
property, {imension an{ area of the proposeil lots, a common ac@Ss point and
easement to lots l, 3 and 4Lo apublio right-of-way, and any proposed easements
for setbacks, clrainage, irrigation, access or utilities and the following plat notes:
l. All new construction shall be oonsistent with Colorado State Forest Service
wild6re prevention guidelines specihed in the pamphlet "Wildfire Protection in
Wildland Urban Interface"(C.S.F.S. #143-691) lf more than one (l) dwelling
is built on a lot, the Glenwood Springs Rural Fire Protection District, may
impose adilitional requirements for roadway wiclths, grades and surfacing, and
for adclitional water supply for fire flows'
2. Any ISD system and loundation may have to be engineered due to soils
constraints.
3. Lot _ is allowed only one dwelling unit, due to dwelling unit restrictions on
the well permit.
That the applicant shall have 120 days to present a plat to the Commissioners
for signature from the date of approval of the exemption.
That the applicant shall submit $200.00 in Sohool Impact Fees for the creation
of one new parcel.
5. Control of noxious weeds is the responsibility ol the property owner
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Duran't'MIIN'I' otr EnarnGENcy SntrvICES
tivts . Iitrut RIiscuE
m,.-{#;1995
GAFI[:Ii:,,Ul'l'IYMemo
To Mr. Michael lllair
Fronr Asst. Chief'Jacl< Jo
Date Decenrber 5, 1995
subjcct: ciro.au l)roposccl subcrivisi.. llxc,rptiorr
I have received yottr letter in rel'erence to the (lronarr propcrty ancl I olfer t5e following
conrnreuts fbr your inlbr-nration:
1'he property is withirt tlte bclttttclaries of the Glenwoocl S;rrings Rural Irire protectio, District a.tlflre and tuedical respollse r,vill corttiurre to bs proviclecl to the alea. As best that we cai-l tell, onll
one clwellirtg is llroposecl at this tirrte. Mr. Gronau rieeds to lle aclvisecl tSat if 5e proposes tofurtherdevelop tlle llroperty by aclcling nrore hontcs, provisions ol'the Upif'orm pire Cocie,ray be
imposed.
'l-hese reclttiretnetlts would inclLrcle proper ACCess roaclwzrys, roacl wirltSs, gracles arcl surlaces.
Water supply for lrre llorvs woulcl also bc rerprircil.
[1'yott liave any rlttcstions regartling this inlorurution or il-thc owner woulcl like to discrss
options lbr llre protection, plcase give nte a call.
cc: Eric McCalferty, Garljelcl l)lanning Dcpt
806 Ctr<r1;cr At'cr)tt(r ' (ilcttrvo0rl sprirrgs, (hlolrrrlo lil60l . (-]03) 915-2575 . Ii)\x (30-l) g4-5-2 5g7
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