HomeMy WebLinkAbout2.0 Staff Report BOCC 8.20.01ao
BOCC 8120101
REOUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
EXISTING
ADJACENT ZONING:
II.
PROJf,CT INFORMATION AND STAFF COMMENTS
Exemption from the Definition of a
Subdivision.
James Gould, General Partner
Approximately five miles east of
Carbondale along CR 115
521 acres
Well
ISDS
A/R/RD
A/R/RD
L RELATIONSHIP TO THE COMPREHENSIVE PLAN
The proposal is located in the Low Density Residential District (10 and greater
acldu)inStudy fuea I Land Use Districts Map of the Comprehensive Plan of
2OOO, Study Areas l-3. The overall proposal is consistent with the Goals,
Objectives and Policies for this area.
DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is an existing ranch, with over 360 feet in
ilevation "tr*g!. The property slopes from the west,to east, with the upper
portion of the [roperty Ueing oak brush and sage brush. The majority of the
property is gently sloplng pirt te and hay fields. Mesa Creek cuts through
ine miaite of tn. property. The main ranch house and accessory structures are
located on the eastern edge ofthe property'
B. Project Proposal: The owner and general manager would like to split out one,
fi""-"-" p.*"t "f land from the 521 acre tract, to give as a gift for his ranch
manager. The lot would be provided with water from an individual well and
utilize an individual sewage disposal system. Access to the proposed five acre
parcel is directlY offof CR 115.
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III.MAJOR ISSUES AND CONCERN
A. Subdivision Regulations: Section 8.52 of the Garfield County Subdivision
Regulations states that, "No more than a l.otal of four (4) lots, parcels,
interests or dwelling unitswill be createdfrom any parcel, as that parcelwas
described in the records of the Garfield County Clerk and Recorder's ffice
on Januoryl, 1973. In order to qualify for exemption, the parcel as it existed
on January I, 1973, must hqve been larger than thirty-five acres in size at the
time and nol a part of a recorded subdivision; however, any parcel to be
divided by exemption that is split by a public right-of-way (State or Federal
higlrway, county road or railroad), preventing the joint use of the proposed
tracts, and the division occurs long 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 lot, parcel, interest or
dwelling unit limitation otherwise applicable. For purposes of the definition,
all tracts of land thirty-five acres or grealer in size, crealed after January l,
l973,will count as parcels of land created by exemption since January l,
1973.
B. The Gould family has owned the property since 1961, based on a deed
recorded in Book 333,Page 46, Reception No. 213072. The original tract
was approximately 1319 acres in size. The 521 acres identified for this
exemption application is one of three tracts conveyed to the Bar Lazy Y, Ltd.
ownership. Each of the other tracts are over 35 acres in size, approximately
42O acres and 380 acres. As such, they were not subject to any subdivision
approval by the Board, but for the purposes of the exemption process fall
under the last criteria: For purposes of the definition, all tracts of land
thirty-five acres or greater in size, created a/ter January l, l973,will count as
porcels of land created by exemption since January 1, 1973. Since there are
only three tracts from the original tract, the requested 5.0 acre exemption
would qualify as the fourth exemption from the tract, as it existed in January
of 1973. Based on this, the applicant qualifies for the proposed exemption.
B. Zonng. This parcel is zoned A/RIRD and the minimum lot size for this zone
district is 2-acres. The proposed lot is five (5) acres in size and complies with
the zoning regulations. The proposed parcel is large enough to qualify for an
accessory dwelling presently, but it is not clear whether the applicant will be
given all of the water rights to the domestic well that will provide the water to
the principal dwelling unit. If the applicant has the right to use the water
rights attached to the well permit, then the parcel would qualify for an
accessory dwelling at as a part of the approval of a subdivision exemption for
this property or a special use permit at a future date. No request for an
accessory dwelling was included as a part of this application.
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C. Legal Access: Access to the proposed lot would be from CR 115, which runs
along the west side of the proposed parcel. However, a driveway permit from
Garfield County Road & Bridge will be required to access this lot.
D. Water: Division of Water Resources recently issued well permit number
23455, with seven conditions, to serve this property. To be considered a legal
and adequate source of water the well will have to be tested to conform to the
following criteria prior to final approval of the exemption plat:
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2)
That a four hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The results of the four hour pump test indicating the pumping rate in
gallons per minute and information showing down draw and recharge;
A written opinion of the person conducting the well test that this u'ell
should be adequate to supply to the number of proposed lots;
An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
The water quality be tested by an approved laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
A water sharing agreement will be filed with the exemption plat that
defines the right of the property owners to water from the well.
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E. Sewer. The property is located outside of any central sewage disposal system
service area and will have to utilize an individual sewage disposal system.
The soils information indicates that an ISDS may be difficult, due to a slow
percolation rate. A plat note indicating that due to a slow percolation of the
soils, an engineered individual sewage disposal system may be required.
F. State and Local Health Standards: Colorado Department of Public Health and
Environmental ISDS standards require the County to issue an ISDS permit for
all such systems installed in the County.
G. Drainase: This parcel is located outside the floodplain and therefore has
minimal susceptibility to fl ooding.
H. Soils/Sewer: According to the Soil Survey, the soils are Showalter-Morval
Complex, which is has moderate constraints to building site development and
severe constraints for sanitary facilities. Staff recommends that, if approved,
all building foundations and ISD systems be engineered.
G. Fire Protection: This parcel of land is located outside the boundaries of any
fire protection district. The proposed five (5) acre parcel is located in an area
of fairly thick oak brush vegetation, which could be very volatile during a dry
season. Staffrecommends the following plat notes be included on the
exemption plat:
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"The minimum defensible space distance for structures shall be 30 feet on
level terrain, plus appropriate modification to recognize the increased rate of
fire spread at sloped sites. The methodology described in "Determining
Safety Zone Dimensions, Wildfire Safety Guidelines for rural Homeowners,"
(Colorado State Forest Service) shall be used to determine defensible space
requirements for the required defensible space within building envelopes in
areas exceeding five (5) percent grade."
"The property identified on this plat is not within any fire district boundaries"
H. Easements: Any required easement (drainage, access, utilities, etc.) will be
required to be shown on the Exemption Plat.
I. School lmpact Fees: The applicant will be required to pay the $200 school
site acquisition fee for the newly created lot, prior to the approval of the
Exemption Plat.
tr. RECOMMENDATION
Staffrecommends Approval of this request for an Exemption from the Definition
of Subdivision with the following conditions:
That a 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.
A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation ditches, access,
utilities, etc.
That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions ofup to one (1) year from the original date of approval.
That the exemption plat submittal include a copy of a computer disk of the plat
data, formatted for use on the County Assessor's CAD system.
The applicant will be required to pay the $200 school site acquisition fee for the
newly created lot, prior to the approval of the Exemption Plat.
To be considered a legal and adequate source of water the well will have to be
tested to conform to the following criteria prior to final approval of the exemption
plat.
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That a four hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The results of the four hour pump test indicating the pumping rate in
gallons per minute and information showing down draw and recharge;
A written opinion of the person conducting the well test that this well
should be adequate to supply to the number of proposed lots;
An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
The water quality be tested by an approved laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
A water sharing agreement will be filed with the exemption plat that
defines the right of the property owners to water from the well.
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2)
3)
4)
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6)
7)
7 The applicant shall consult with the Road and Bridge Department and shall
receive any required driveway permits, prior to final approval.
8 That the following plat notes shall be included on the exemption plat
"AIl building foundations and individual sewage disposal systems shall be
engineered. "
"The minimum defensible space distance for structures shall be 30 feet on level
terrain, plus appropriate modification to recognize the increased rate of fire spread
at sloped sites. The methodology described in "Determining Safety Zone
Dimensions, Wildfire Safety Guidelines for rural Homeowners," (Colorado State
Forest Service) shall be used to determine defensible space requirements for the
required defensible space within building envelopes in areas exceeding five (5)
percent grade."
"The individual lot owners shall be responsible for the control of noxious weeds
"One (l) dog will be allowed for each residential unit within an exemption and
the dog shall be required to be confined within the owner's property boundaries,
with enforcement provisions allowing for the removal of a dog from the area as a
final remedy in worst cases. "
"No open hearth solid fuel fireplaces will be allowed anywhere within an
exemption. One (l) new solid-fuel burning stove as defined by C.R. 5.25-7-40 l,
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."
"All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision, except that
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provisions may be made to allow for safety lighting that goes beyond the property
boundaries."
"There shall be no more exemptions from definition of subdivision allowed on
either parcel created by this approval."
"The property identified on this plat is not within any fire district boundaries"
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GOULDEX. LET
13 Dec. 2001
Mark Bean
GarfieLd County Plannrng Director
109 8th Street
Glenwood Springs, Colorado 81601
Re: Gould Exemption (Bar Lazy Y Ranch Subdivis:on)
Dear l{ark,
I have revi-ewed Ehe above plat and have the fo-lowing
conunenEs :
1. The plat is formatted as a subdivrsion p1at. It needs tobe revi-sed to an exempt.lon plat wich a metes and boundsdescrrption of each parcel created. The dedicat.ion
stat,ement is not needed for an exemptj-on p1a; nor is theattorneys cert.ificate or Board of County Co:rrnissioners
sEatement needed-
I have redlined numerous
E.he p1at. ltse1f .
t)G)os and spelling correcEions on
There are several differences bet,ween t.he bearing anddistances presenE.ed on the plat and t,hose contained in thedescription. These have been redlined on the p1aE.
I calculated around each parcel and found Parcel 1 tomisclose 14 feeE. and Parce), 2 to miscl-ose 8 feet.
5. Bearing sEaE.ement needs to be revised to describe
monument,s found at each end of the line.
6. The area of County Roads 115 and 121 are inciuded in thearea of Parce1 l_. Have these roads been deoicated t.o t.hepublic? Do you want Lhem to be? Additi_onal cescriptlonsand language may have to added to che plat to address Lheroads.
7. County regulat.ions require the plat. to be a r,inimum of 200scale, this plat. is 500 scaLe. The sj_ze of t::e property
and number of lots works at 500 scale and t::e p1at. i-slegible at. this scale. I am noE sure requiri:lg the plaE, tobe redrawn would accomplish anything.
L2/1,3/0L
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DepuEy Garfield County Su::veyor