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HomeMy WebLinkAbout2.0 BOCC Staff Report 01.08.2007Exhibits for Public Hearing held on January 8, 2007 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Application materials E Staff Memorandum F Memo from Jake Mall of Garfield County Road and Bridge, dated 12/11/2006 BOCC 1/8/07 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Exemption from the Definition of Subdivision OWNERS Helen and Stephen Low LOCATION The subject property is located approximately 1 mile north of the Town of Carbondale, CO on County Road 107 SITE DATA 43 Acres WATER Well SEWER Individual Sewage Disposal System ACCESS County Road 107 EXISTING ZONING ARRD ADJACENT ZONING ARRD COMPREHENSIVE PLAN Study Area 1 (Low Density Residential 10+) I. DESCRIPTION OF THE PROPOSAL The owners of the subject 43 -acre property request approval from the Board of County Commissioners to split the tract into one 22.91 -acre tract and one 19.48 acre tract by way of the County's Subdivision Exemption process. Each new tract will have direct public access from County Road 107. Water to each lot will be provided by a well and wastewater is to be handled from Individual Sewage Disposal Systems (ISDS). II. BACKGROUND & ELIGIBILITY As of January 1, 1973, the subject 43 -acre tract was owned by Daniel W. Strook. On March 2nd, 1973, Daniel Strook sold the property to Helen and Stephen Low of Bethesda, Maryland. A real property search was conducted by Tom Schuneman of Land Title Company on October 22, 2004 indicating that there were no property divisions of the subject tract between January 1St, 1973 and March 13th, 1973. Hence, staff has confidence that there have been no splits of the subject parcel -1- .ScascyPrys=CC BOA TYPE .=_-.. ?:•.0 MW.AOEVEHT. PC NE C _POE, 3, J� =CP. ELT GE, Puee:e-.pry since January 1st, 1973 and is eligible for an exemption from the definition of subdivision in this regard. In addition, the subject parcel was greater than 35 acres as of January 1st, 1973 and is not part of a recorded subdivision. 70,2,41 24 I ns 104 100 30 THS Helen and Stephen Low - Exemption 0 750 1,500 3,000 Feet 1 1 1 1 1 1 1 1 1 -2- w III. 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) Town of Carbondale: No Comments Received B) Carbondale and Rural Fire Protection District: No Comments Received C) BLM: No Comments Received D) Garfield County Road and Bridge Department: See Exhibit F. Helen and Stephen Low - Exemption 0 145 290 580 Feet 11 1 1 1 1 1 1 -3- Subject Property 1U `n 55 Legend topo arc 1 Railroad CountyRoads2006 Highways all other values CODE �— Frontage Road Interstate 70 No Value State Highway LIS Highway surfgeo polygon slopehaz polygon majhaz polygon septic polygon soilhaz polygon Subdivision Parcels Helen and Stephen Low - Exemption 0 260 520 1.040 Feet 1 1 1 1 1 1 1 1 -4- IV. MAJOR ISSUES AND CONCERNS A. Legal Access The two lots being created both front directly on County Road 107 and as such have access to a public right-of-way. The County Road and Bridge Department reviewed the proposal and recommends that "a strip of land along CR 107 be deeded to the County to make a 60 -foot deeded ROW for CR 107. The deeded strip of land will be the entire length of the property to be subdivided. All fences, trees, brush and any structures shall be moved back to the new ROW line(s) at the subdividers' (Applicant's) expense prior to final plat." There is currently a 40' ROW for CR 107 through the Low property. Staff suggests deeding a 30 foot easement from the centerline of County Road 107 to create a total width of 60 feet for the County Road 107 road easement in order to accommodate future road improvements. In addition, the Applicant will need to obtain driveway access permits to CR 107 if not already permitted for the two parcels. The Garfield County Road and Bridge Department further directs that: "If the driveways currently exist they shall be improved to meet the new driveway guidelines, unless they meet the current driveway access guidelines". Staff suggests the Board require the following two conditions of approval: 1) A 30 foot easement along both sides of the center line of County Road 107 must be dedicated to the Garfield County for future road improvements; 2) All new and existing driveways accessing County Road 107 must obtain appropriate permits from Garfield County Road and Bridge Department. B. Domestic / Irrigation Water The Applicant has indicated that there is a current residence which is being served by well permit number 66939-A on Parcel. C. No further development on Parcel C is expected at this time. The applicant has obtained a monitoring well permit for Parcel D (number 270839) and a Basalt Water Conservancy District Contract (number 505). Surrounding wells are currently producing between 5 & 15 gallons per minute and range in depth from 360 to 600 feet. Well permits shall be obtained prior to final exemption plat. C. Sewer / Waste Water The existing residential improvement on Parcel C is presently served by an ISDS. The Applicant proposes the same method of handling wastewater on newly created Parcel D. The soils found on both parcels include primarily Tridell-Brownsto stony stand loams. Tridell-Browsto is very rocky with sand/gravel layers below the surface. This soil type is known for high erosion rates and low water capacity. Staff suggests, due to the soil types in the area that, as a plat note on the -5- Final Exemption Plat, "any new septic systems constructed on Parcels C or D shall be required to be engineered by a professional engineer licensed in the State of Colorado". D. State and Local Health Standards Colorado Department of Public Health & Environment ISDS standards require the County to issue an ISDS permit for all such systems installed in the County. The future lot owners will be required to obtain the necessary ISDS permits from the County at the time building permits are obtained. E. Drainage / Floodplain There are no mapped floodplain areas on the property. As mentioned above, the soils found on both parcels have a high erosion hazard. F. Fire Protection The property is located in the Carbondale and Rural Fire Protection District. The plan has been reviewed by the local fire protection district. The new lot will be subject to the Carbondale and Rural Fire Protection District's impact fee of $437 per unit. G. Easements There is currently one 40' right-of-way running the length of the Low property for CR 107. Garfield County Road and Bridge recommends that this easement, deeded at 30' from centerline, be increased to a 60' width. H. School / Development Impact Fees The property is located in the School District RE -1 which requires the payment of a $200.00 school site acquisition fee for each new lot created. In this case, the new lot being created for the purposes of applying this fee is Parcel D. V. 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 Section 8:00 of the Garfield County Subdivision Regulations of 1984, as amended. -6- VI. STAFF RECOMMENDATION Staff recommends the Board approve the request for an Exemption from the Definition of Subdivision for Helen and Stephen Low finding the proposal meets Sections 8:00 of the County's Subdivision Regulations of 1984, as amended. Staff suggests the following conditions of approval: 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 final 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, 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 -7- g. 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. " "All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado." h, "Final inspection and approval of driveways will be required before a Certificate of Occupancy for all new units.at—Applicant shall improve all existing driveways -to mert-the-eut°rent-Garfteld County driveway guidelines". 3. The Applicant shall submit an approved well permit issued from the Colorado Division of Water Resources as part of the final exemption plat submittal that demonstrates that the well can adequately serve Parcel D. No submittal shall be accepted by the County without this well permit. As normally required, prior to the signing of the plat, all physical water supplies shall demonstrate the following as part of the final plat submittal: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g) A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. i F ci n e,,,/�'d .0 yi p' J c! , %.m 4. The property is located in the School District RE -1 which requires the payment of a $200.00 school site acquisition fee for each new lot created. In this case, the new lot being created for the purposes of applying this fee is Parcel D. 5. All construction shall require compliance with NFPA 1144 Standard for Protection of Life and Property from Wildfire recommendations. The Applicant shall provide a 60 foot wide easement deed to the County along County Road 107 for the entire length of the Low property including both Parcel C and Parcel D. -8- This deeded easement shall be provided in a form acceptable to the County Attorney's Office and Garfield County Road and Bridge Department and be provided with the final exemption plat materials. Further, all fences, trees, brush and any structures shall be moved back to the new ROW easement line(s) at the Applicant's expense prior to final exemption plat. The deeded strip of land shall be at a width of 30 feet from the center line on both sides of County Road 107. -9-