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HomeMy WebLinkAbout2.0 Staff Report 05.06.2009Exhibits —Janusz Exemption Administrative Review 5/6/2009 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 dated April 28, 2009 from Steve Anthony, Vegetation Manager G Email dated April 13, 2009 from Dan Roussin, CDOT H Letter dated May 5, 2009 from Jonathan White, Colorado Geologic Survey Memo dated April 27, 2009 from Ron Biggers, Glenwood Springs Fire District J Letter dated April 23, 2009 from Perry Will, Colorado Division of Wildlife K Memo dated April 3, 2009 from John Niewoehner, Planning Engineer Janusz Minor Exemption Administrative Review PROJECT INFORMATION REQUEST Exemption from the Definition of Subdivision APPLICANT / OWNER Chris and Astrid Janusz LOCATION South of Glenwood Springs on east side of SH 82 at Beau Jo's / CR 154 turnoff SITE DATA 1.37- acres; Parcel No. 2185-271-00-027 WATER/SEWER Existing Well and Septic Systems ACCESS SH 82 EXISTING ZONING Residential Urban STAFF RECOMMENDATION Approval w/conditions 1 PROPOSAL Chris and Astrid Janusz (Applicants) are owners of a parcel of land on the east side of Highway 82 south of Glenwood Springs. The 1.37 -acre property currently has two residences on the site — both of which have existed in their current configuration since 1968. The Applicant seeks to allow for individual ownership of the homes by creating two lots 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 parcels in the following manner: Parcel 1 Parcel 2 .646 -acres .726 -acres 1.370 -acres 1 Janusz Minor Exemption Administrative Review it. Proposed Minor Exemption Plat creating 2 lots SX'idt •.n`.`� The Applicant has provided a copy of a deed from 1954 which describes the current configuration of the property Tess CDOT right-of-way which was utilized for the widening of Highway 82. 11 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. County Vegetation: EXHIBIT F b. CDOT: EXHIBIT G c. Environmental Health: No Comment d. Colorado Geologic Survey: EXHIBIT H e. School District RE -1: No comment f. Glenwood Springs Fire District: EXHIBIT I g. City of Glenwood Springs: No comment h. Division of Wildlife: EXHIBIT J i. Division of Water Resources: No comment j. Planning Engineer: EXHIBIT K 2 Janusz Minor Exemption Administrative Review III RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 1 of the Comprehensive Plan of 2000 and is designated Commercial General. IV ISSUES AND CONCERNS Subdivision Exemption Regulation/Property Eligibility Section 5-202 of the Unified Land Use Code of 2008 stipulates the following 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, General 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 lettered "Exemption Lot'. Staff Findings The subject property existed in its somewhat -current configuration prior to January 1st, 1973 with a deed from 1954 provided by the applicant. The unusual aspect related to the site is that a portion of CDOT right-of-way was taken/dedicated from this property for the widening of Highway 82 — therefore the 1954 deed describes the parcel as containing 2.07 acres, however the current site contains 1.37 acres due to the CDOT ROW. Domestic/Irrigation Water Legal Supply A well has existed on this site to serve the two units since at least 1968. The Division of Water Resources did provide a letter in the application materials stating that the well is permitted to include ordinary household purposes for two single family dwellings and irrigation of 1,000 square feet of home lawn and garden. Physical Supply The well has sufficiently served the two units for over 40 years. A well-sharingagreement is required and is a condition of this approval. Zoning The subject property is located within the Residential Urban (RU) Zone District. As required by the ULUC, the Applicant's proposal as represented DOES NOT conform to all County zoning requirements due to the dedication of the ROW for Highway 82 widening which created a non -conforming front setback. Otherwise the site does comply with the zone district standards. Access The proposed exemption has direct access to Highway 82 at the signalized intersection 3 Janusz Minor Exemption Administrative Review with CR 154 at Beau Jo's Restaurant. Dan Roussin, CDOT, responded to the application that there are no issues with this site accessing the highway. Wastewater The site is currently served by two Individual Sewage Disposal System (ISDS), one for each residence. Fire Protection The subject property is located within the Glenwood Springs Fire District and Deputy Fire Marshall Ron Biggers responded to the referral that there is not an available water supply for fire fighting at this site, nor is there any municipal supply with hydrants in the vicinity. Easements The site is subject to existing easements including an access easement for an adjacent property and utilities (ditch). Overhead electric lines exist on the site, however are not contained within easements. Through the platting process the Applicant shall legally describe all easements — including several easement relocations due to construction of improvements not occurring within the legally described area of the easements. Staff is recommending satisfaction of this requirement as a condition of approval of the application. Severed Mineral Interests and Other Required Plat Notes The Applicant is unaware if ownership of the minerals has been severed. Staff suggests the following plat note be placed on the Exemption Plat: "The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." A list of required standard plat notes has been provided to the applicant for their inclusion on the exemption plat, and a condition of approval is recommended. Vegetation Steve Anthony, County Vegetation Manager requested that the applicant provide a map and inventory of any County Listed Noxious Weeds on the two proposed parcels and the remainder parcel. A weed management plan will then be required to address any inventoried county listed noxious weeds. Again, this is included as a condition of approval. Geology The site is contained within a geologic hazard area. HP Geotech performed a Geologic Site Assessment for the Applicant. That assessment identified hazards on the site as Rock Fall, Sinkholes, Flooding, and Debris Flows. Colorado Geologic Survey has reviewed the application and recommends that the HP Geotech requirements be considered conditions of approval. To ensure that these concerns are provided to any potential owner of the parcel(s) in the future Staff recommends the following four (4) Plat Notes related to geologic concern be considered a condition of approval of this 4 Janusz Minor Exemption Administrative Review appication: • This subdivision is located in a geologically sensitive area and therefore may be prone to hazards including rock fall, debris flows, sinkholes and flooding. Prior to issuance of a building or grading permit, the owner of each lot shall prepare and submit a soils and foundation report, a grading and drainage plan, and a geologically acceptable building site prepared and certified by a professional geotechnical engineer. All improvements shall be constructed in accordance with such recommendations which shall be considered conditions of approval. • The irrigation ditch located at the eastern portion of this site provides minimal mitigation for potential of rock falls that may cause significant building and property damage and possible harm to the building occupants. A geotechnical investigation should be performed prior to any disturbance of the irrigation ditch. • Owners are hereby advised of sinkhole potential as early detection of building distress or settlement of graded areas may be mitigated with timely remedial action. • The site is subject to Article VII Section 7-210 of the Unified Land Use Code of 2008 including the standards for Development in Blue Zone Hazard Areas which require special engineering. V PROPOSED FINDINGS 1. That proper notice was provided to adjacent property owners as required by the Unified Land Use Code of 2008; 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 Code of 2008 if conditions of approval are required. Therefore Staff recommends that the Director of Building and Planning conditionally approve the Exemption and allow the revised mylar to be placed on the Board of County Commissioners consent agenda after the call-up period has expired without a call-up being requested. 5 Janusz Minor Exemption Administrative Review The conditions of approval related to the request for an Exemption from the Definition of Subdivision for parcel number 2185-271-00-027 are as follows: 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. 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. One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. c. 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. 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. d. 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. 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. 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 operations. f. 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 6 Janusz Minor Exemption Administrative Review 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. g. 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, % inch in width and contracts with background color. h. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and i. "The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." 3. The following geologic plat notes shall be placed on the Exemption Plat: • This subdivision is located in a geologically sensitive area and therefore may be prone to hazards including rock fall, debris flows, sinkholes and flooding. Prior to issuance of a building or grading permit, the owner of each lot shall prepare and submit a soils and foundation report, a grading and drainage plan, and a geologically acceptable building site prepared and certified by a professional geotechnical engineer. All improvements shall be constructed in accordance with such recommendations which shall be considered conditions of approval. • The irrigation ditch located at the eastern portion of this site provides minimal mitigation for potential of rock falls that may cause significant building and property damage and possible harm to the building occupants. A geotechnical investigation should be performed prior to any disturbance of the irrigation ditch. • Owners are hereby advised of sinkhole potential as early detection of building distress or settlement of graded areas may be mitigated with timely remedial action. • The site is subject to Article VII Section 7-210 of the Unified Land Use Code of 2008 including the standards for Development in Blue Zone Hazard Areas which require special engineering. 4. The exemption plat shall describe all necessary easements for provision of utilities and access. 5. The Applicant shall submit an inventory of County Listed Noxious Weeds and a 7 Janusz Minor Exemption Administrative Review Weed Management Plan for the site. The inventory and management plan shall be reviewed and determined sufficient by the County Vegetation Manager prior to the signing of the exemption plat. 6. Prior to the signing of the plat the Applicant shall provide 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 cost and how assessments will be made for these costs. 7. The property is located in the School District RE1. As such, the Applicant shall be required to pay a 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. 8 EXHIBIT 1 MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Comments on the Janusz Exemption (File#XDS2809) Date: April 28, 2009 The Vegetation Management Department requests that the applicant provide a map and inventory of any County Listed Noxious Weeds on the parcel and provide a weed management plan that will address any inventoried noxious weeds. The weed, Scotch thistle, is prevalent in the area and may be on site. If the applicant needs assistance they may contact me at 625-8601 and we can arrange a site visit and provide some assistance with the weed inventory and management plan. Kathy A. Eastley From: Roussin, Daniel[Daniel.Roussin@DOT.STATE.CO.US] Sent: Monday, April 13, 2009 11:01 AM To: Kathy A. Eastley Subject: Chris and Astrid Janusz Minor Lot Split Kathy — CDOT access unit doesn't have any issue with the subdivision per my letter dated December 31, 2008. If you have any questions, please let me know. Dan Roussin R3 Permit Manager 222 South 6th Street, Rm 100 Grand Junction, CO 81501 970-683-6284 970-683-6290 Fax 5/4/2009 STATE OF COL COLORADO GEOLOGICAL SURVEY— serving the people of Colorado COLORADO Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 May 5, 2009 pot CGS LUR No. GA -09-0009 DEPARTMENT OF Legal: ENE, Sec. 27, T6S, R89W NATURAL RESOURCES Ms. Kathy Eastley Garfield County Building and Planning Department 109 8t Street, Suite 201 Glenwood Springs, CO 81601 RE: Janusz Exemption Geologic Hazards Review Dear Ms. Eastley, Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Vincent Matthews Division Director and State Geologist Thank you for the land use application referral. At your request, and in accordance to Senate Bill 35 (1972), this office has reviewed the land -use application submitted by your office and considered the geologic hazards and geologic conditions that may affect the land use development. Included in the development application was a preliminary geologic site assessment by HP Geotech dated February 9, 2009 (Job No. 109 016A). CGS conducted a site inspection on April 30, 2009. Please consider the following observations in your land use decisions. The roughly triangular property is on the east valley side of the Roaring Fork River across the river from the Glenwood Airport. A narrow gravel roadway is the access for three residences. Two occupied residences, a modular home and trailer home, are currently occupying one lot. The intent is to subdivide that lot into two separate lots so that each residence is located on its own lot. Topographically, the site is at the base of the east valley wall where grades begin to steepen toward 650 -foot high, cliffy outcrops of red, heavily jointed, interbedded sandstone of the Maroon Formation. The west boundary of the property site has a steep cut slope below from older excavations that were needed to widen Highway 82 many years ago. The northeast boundary is a point above the Glenwood Ditch. This ditch easement, running southeast to northwest, crosses the northeast corner of the property. The residences are below the irrigation ditch. We have review the geologic report by HP Geotech and concur with its content. We also consider rockfall and debris flows to be significant risks and the primary geologic hazards for this 2 -lot subdivision. There is a history of rockfall in this area where, a short distance (2000 feet) northwest of this property, the CGS was called upon by CDOT to investigate rockfall that crossed both Highway 82 and Grand Avenue below. Our only observational addition to the HP Geotech report is that, during our inspection of April 30th, we noticed a large 4 -foot diameter boulder either in, or very near the northeast property boundary above the homes. This rock had recently fallen since the rock surfaces were fresh and the path of the rolling rock was revealed by broken and crushed vegetation. The large rock had stopped on the rough rocky slope above the irrigation ditch. The boulder and rockfall path was brought to the attention of the applicant. The irrigation ditch will provide some level of mitigation to stop rolling rocks but risk remains that rockfall or debris flows will breach or pass the ditch to the residential areas below. The recommendations in the HP Geotech report should be complied with, and there be full disclosure of the rockfall and debris flow hazards and implied risk for any property resale. A site-specific geotechnical investigation should be required for any new construction. If you have any questions about the content of this geologic hazard review letter, please contact this office at (303) 866-2611 x8331 or e-mail: Jonathan.vvhitera,state.co.us Sincerely, Jonathan L. White Senior Engineering Geologist °SPAR April 27,2009 To: Kathy Eastley, Garfield County Planner From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department RE: Comments on file #XDS2809, Janusz Exemption EXHIBIT This comment may -be more for the record and not to block this application from being approved. The area where this property is located 3642 Highway 82 — on the east side of Highway 82 across from Beau Jo's Restaurant and Holy Cross Energy does not have any available water supply for fire fighting. The area does not have a municipal water system with fire hydrants nor an established year round draft site to obtain fire flow from to extinguish a structure fire with. STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us April 23, 2009 Attention: Kathy Eastley Garfield County Building and Planning Department 108 8`I' Street, Suite 401 Glenwood Springs, CO. 81601 Reference: Chris and Astrid Janusz Lot Split For Wildlife - For People RECEIVED APR 7 2009 GARFIELD COUNTY BUILDING & PLANNING As a referral agency the Division of Wildlife (DOW) appreciates the opportunity to comment on the proposed lot splitting of the Janusz property. The DOW does not anticipate that this project will have any adverse impacts to the surrounding wildlife community. If any further information is needed, please contact District Wildlife Manager Dan Cacho at (970)947-2934. Thank You, Perry Will/ Area/Wildlife Manager — Glenwood Springs Colorado Division of Wildlife DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vice Chair • Dennis Buechler, Secretary Members,Jeffrey Crawford • Dorothea Farris • Roy McAnally • John Singletary • Mark Smith • Robert Streeter Ex Officio Members, Hams Sherman and John Stulp To: Kathy Eastley From: John Niewoehner Date: April 3, 2009 RE: Janusz Lot Split EXHIBIT 5 14"" The following are the engineering issues related to the lot split: 1. Rockfall: The proposed subdivision is located in an area delineated as a geologic hazard area in the County's Comprehensive Plan. In addition, HP Geotech's geologic site assessment (that accompanied the application) states that there was a moderate risk that a rockfall event could reach the project site and cause significant building and property damage and possible harm to the building residents. The County's Land Use Code (Section 7-210 F) allows development in a rockfall hazard area only if the development and the rockfall mitigation measures are certified by a Professional Engineer or Professional Geologist. In other words, the application to the County requires a statement from a licensed professional with liability insurance that certifies that adequate mitigation measures have or will be employed to mitigate the hazard. This is a subdivision that definitely requires a review by the Colorado Geologic Survey. 2. Debris Flow: Per HP Geotech's report, "there is a risk that debris flow materials could breach the irrigation ditch during a large event and expose the project site to significant building and property damage and possible harm to the building occupants". Identical to the Land Use Code's provisions for the rockfall hazards, a licensed professional must certify that adequate mitigation measures have or will be employed. 3. Driveway Easements: (a) The main driveway must be relocated into the easement or the easement location revised. (b) The driveway for the proposed south property crosses the proposed north property and therefore another easement is required. 4. Ditch Easement: The easement needs to be relocated to match the physical location of the ditch. 5. Electrical Utility Easement: Easements are needed when utility lines serving one or more residences cross another property. Multiple easements are needed for the utility lines on the property. 6. Shared Well Agreement: A shared well agreement must be recorded through which the owners of both lots agree to the use and maintenance of the well.