HomeMy WebLinkAbout2.0 Staff Report BOCC 04.08.02REQUEST:
APPLICAITTT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZOITIING:
ADJACENT ZOITIING:
PROJECT INFORMA'TION AI\ID STAIT' COMMENTS
BOCC 4108102
MLB
An exernption from the definition of
subdivision.
John Manin
A tract of land located in portions of
Section 36, T7S, R89W and Section
31, T7S, R88W of the 6thP.M.; more
practically described as a tract of
land located approximately three (3)
miles west of Carbondale, offof CR
108..
53.161 acres
Shared well
Individual Sewage Disposal Systems
(rsDs)
County Road 108
A/R/RD
A/R/RD
t.
The subject tract is located in the Medium Density Residential (6 to less than IO- acres per
dwelting unit) Proposed Land Use District Map, Study Areas I-i, as designated in the Garfield
County Comprehensive plan of 2000. The prtposed split would result in average density of
one (l) du/20 acres, which is in compliance with the recommended density for the
Comprehensive Plan.
DESCRIPTION OF THE PROPOSAL
A. Site Desoiption: The subject property is slightly over 53 acres in size, located to the
west of Carbondale in a very *d *"u. There is an existing dwelling located in the
centef ofthe property and is accessed by a driveway offof CR 108' The tract is
II.
varied in terrain, with some steeper slopes on the southern part of the property, but
generally sfo-,i,.! from the ,orrth to the north. The property is heavily vegetated
*ith pioor, and juniper trees, with other native gfitsses'
B. ProposaL The applicant proposes to split the tract by exemptiorl -into
two (2) parcels
with lot sizes of the new parcels of approximately 5.00.and 48.00 acres each' See
sketch map in the application. Each parcel wouldihare a domestic well for water and
utilize individual ,"*ug" disposal systems for sewage treatment. Access to the 5'00
acre pmcel is via an access easement offof CR 108'
MAJOR ISSUES AIYD CONCERNS
A. Subdivision Regulations-. Section 8:52 (A) of the Garfield County SuMMsion
n"g"futf* .tut.s that "No more than a total of four (4) lots, parcels' interests or
dwelltng units will be created from any parcel,- as that parcel was desoibed in the
records of the Garfield County Clerk ind Recorder's Office on January l, 1973'- In
order to qualifu for exemptioi, the parcel as it existed on January 1, 1973' must have
been large, thon 35 acres in size it that time and not Part of a recorded subdivision;
however, iny porra tu be divided by exemption that is split by a public right-of-wqy
(state or Federal highway, county road^or railroad), preventing ioint us.e of the
proposed tracts, and-the division o"rurc along the public right-of-way, such parcels
thereby createi may, in the discretion of the
-Board, not be considered to have been
created by exemption with regard to thi four (4) lot, parcel, interest or dwelling unit
limitation otheiyise applicabTe. For thi purposes of definilion, all tracts of lal! 35-
acres or greater in size, creatted after Jaiuary 1, 19 73, will count as parcels of land
created by exemption since January 1, 19 7i;
The applicant's ownership originally was a part of a much larger tract of land that was
owned by the Deer park tropJ.ti"r. In t998, Deer Park Properties conveyed all o-{the
property included in a deed recorded at Book 42l,Page 446, Reception No' 250655 on
gllllTlto the Crystal River Ranch Co., LLP, excepting out Jhe applicant's property and
one other piece of property. As a result of the sale of the larger piece of prope!ry' 1\e
applicant qualifies for one more split on therl property. Buryd o1 this analysis, this
piiitior, *oUa comply with SectioigrsZ (A) of the Subdivision Regulations'
B Znnmg: The entire tract is zoned A/R./RD, which requires a minimum lot size of two
(2.0) acres. All proposed lots would comply with this minimuru lot size requirement'
C. Slope: Section 5.04.02(2) of the Garfield County Znrirrg Resolution, requires that all
lots at least two (2) acres in size, must have at least one (1) contiguous acre of land, less
tt.,,*r 40% in slope. Based on stafs site review of the property, it appears that portions
of the property has slopes over 40. The majority of the property- ?pp"-Tt to have slopes
less than 40 oio slope, but a plat note stating that no building will be allowed in areas of
the property *itf, rfop"r ovir 41Yo,unless a Speciat Use permit is approved per Section
5.O4.Ozof the Garfiid County ZonngResolution of 1978, as amended. Staffsuggests
that the Board attachthis requirement as a condition of approval'
D. water Supply.- The existing dwelling is served by a permitted, domestic-use well and the
proposed lot would be served Ui ^ exe-*P!, domestic well. The applicant has
submitted a copy of well permit No . 2LOOi6, approved J'ily 2,2001 and with an
expiration date two years later. The permit Yas gryended to Novem&r 24' 2000' The
well was Ailea in July of 2001, to a depth of 150 ft., with an estimated production rate
of 15 gpm. There is no record of a pump test being pe{onrydj.1the well' It has the
been the County,s policy to require * uppti.*t to provide the following information as
a part of any approval of an exemption:
l)
2)
3)
4)
s)
6)
7)
That a four hour pump test be performed on the well to be used;
A well completion r"ft; ;"*;nstrating the depth of the well" the characteristics of
the aquifer and the static water level;
The risults ofthe four hour pump test indicating the pumping rate in gallons per
minute and ffirmation showing down draw and recharge;
A written opinion of the persoriconducting the well test that this well should be
adequate tosupply to the number of proposed lots;
L ur.rrrnption ofan average or no less itun f .S people per dwelling unit, using 100
gallons of water Per Person, Per daY;
ih" *"t", qualiti be tested by an approved laboratory and meet State guidelines
concerning bacteria, nitrates and suspended solids;
A water sharing #".#"t will be filed with the exemption plat that defines the
right of the property owners to water from the well'
It will also be necessary to survey the well location showing a 10 ft' tq'a':- around the
well and a l0 ft. wiAe'w.U *".i, and mainterumce easement from the well site to the
proposed five (5) acre site.
SoilVsewer: The method of wastewater treatment is proposed to be individual sewage
dt"p-d ,wems (ISDS). According to the soil conservation Service, the majority of
the soils on the site are considered to U" * Almy loarn, lo/o to lTYo slope. The soil is
considered to be *.U *it"a for homesite development, with moderate constraints to
septic system absorption fields due to a slow percolation rate.
Accgss: Access to the proposed new five (5) acrg parcel will be via an easement' off of
county Road 108. The easement must G-a minimum of 25 feet in width and legally
described on the exemPtion Plat.
Fire protection: The Carbondale & Rural Fire Protection District has provided a letter
noting the property is within the service area of the district and will be serviced for both
fire and ems services.
Easernents-. As noted previously, the applicant will n99d to show a legally described
access easement, at leasi 25 feet inwidftr, from cR 108 to the proposed five (5) acre
tract. The proposed source of domestic water is from a well located on the larger
E.
F.
G.
H.
parcel to fe createA. An access and maintenElnce easement at least 10 feet sqlxlre
Iv.
around the well head and a 10 foot wide access and mainterumce easemef,t from the well
head to the five (5) acre parcel needs to be legally described on the exemption plat' Th"
application shows an electric and natural gas easement on the property that will need to
be-legatly described and shown on the exemption plat'
I. All of the following additional plat notes need to be included on the exemption plat:
,,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 "Deteinining Safety Zone Dirnensions, Wildfire Safety Guidglingl
for rural Homeowners,,, (Colorado Starte Forest Service) shall be used to determine defensible
space requirements foi tte 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 we€ds'"
,,one (1) dog will be all0wed for each residential unit within an exemption and the dog shall
be required to be confined within the owner's property boundaries, with enforcement
pr*iiio* afowing for the removal of a dog tom tt "
area as a final remedy in worst cases'"
,,No open hearth sotid fuel fireplaces will be allowed anywhere within an exemption. one (1)
new solid-fuel burning stove as defined by c.R. s.25-7'40l, et. seq., and the regulations
promulgated theregnier, will be allowed in any dwelling unit. All dwelling units will be
allowed an unrestricted number of natural gas burning stoves and appliances'"
uAll exterior lighting shall be the minimum amount necessary and that all exterior lighting be
directed inward, toiards the interior of the subdivision, except that provisions may be made
to allow for safety lighting that goes beyond the property boundaries'"
,,There shall be no more exemptions from definition of suMivision allowed on either parcel
:;;:'"Hl;W'Y:"$-r-'i - p/a- 1, tL
That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
That the meeting before the Board of county commissioners was extensive and
complete, that Jl pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting'
That for the above stated and other reasons, the proposed exemption is in the best
interest of the healttU safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield CountY.
1.
)
3.
created bY t
- a/ar,r,r- fr/4 ^'r
v. REqOMMENDATION
Staffrecommends AppROVAL of the application, pursuant to the following conditions:
1. 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.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension *d -"u of the proposed lots, a 25 ft. wide access easement to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation ditches, access, utilities, etc
3. 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 of up to one (l)
year from the original date of approval.
4. That the exemption plat submittal include a copy of a computer disk of the plat datL formaffed
for use on the County Assessor's CAD system'
5. That all proposed lots shall compty with the Garfield County Tnning Resolution of 1978, as
amended, and any building shall compty with the 1994 Uniform Building Code, as adopted by
Garfield CountY.
6. prior to final approval, the applicant will provide copies of the following documentation
regarding the capacity, quality and use ofthe domestic water well:
l) That a four hour pump test be performed on the well to be used;
Z) Awell completion reiort demonstrating the depth ofthe well, the characteristics of the
aquifer and the static water level;
3) The results of the four hour pump test indicating the pumping rate in gallons per minute and
information showing down draw and recharge;
4) A written opinion oith. person conducting the well test that this well should be adequate to
supply to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons
of water Per Person, Per daY;
6) The water q*tity beiestedby an approved laboratory and meet State guidelines conceming
bacteri4 nitrates and suspended solids;
7) Awater sharing agreement will be filed with the exemption plat that defines the right of the
property owners to water fromthe well'
7. That the following plat notes shall be included on the exemption plat:
"The minimum defensible space distance for structures shall be 30 feet on level terrain, plus
appropriate modffication to recognize the increased rate of fire spread at sloped sites. The
methodology described in "Deteinining Safety Zone Dimensions, Wildfire Safety Guidelines
for n*al HImeowners," (Colorado State Forest Service) shall be used to determine defensible
space requirements for the required defensible space within buil$in8 envelopes in areq . '
g, lrZq:#;Z ryftY^+
*u/+"tr!Q/7zrt
?b7
exceeding five (5) peroent 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
."q;;d to ie 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 sotd fuel fireplaces will be allowed anywhere within an exemption' One (1)
new solid-fuef Uurnin! stor" * defined by C.R. 5.25'7-401, et. seq., and the regulations
promulgated tlrereunier, will be allowed in any dw9lling unit. All dwelling units will be
'uUo*.J* 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, toiards the interior ofthe suMivisioru except that provisions may be rnade to
Ato* for safety lighting that goes beyond the property boundaries'"
,'There shall be no more exemptions from definition of suMivision allowed on either parcel-ffi?H,V"/r,n
-t-g i 4c ou; 5*r'u''"
WELL PERMIT NUMBER
ffiMartin
Mailing Address: 3602 County Road 108
City, State, ZiP : Cubondale' Co' 81623
6 rnoM SEc' LINES
;;d ft. from South Sec' line and
sw l/4 sE 1/4
1425 ft. from East
Sec: 36 Trvp: 7 S Range: 89
Sec. line OR Northing: Easting:
BLOCK: FILINO (LJNlT):
Cirou N Dffi FAcEEtEVATIoN offiE la-etHoD Air Rotary
DATE COMPLETED: 7tt0/200r 163 DEPTH COMPLETION:
6. HOLE DIAMETER(iN)
GEOLOGIC LOC
6f Material(Size
Frnr-.cnsr@
9. Packer Placement
Type :
Depth :
8. Filter Pack
Material :
Size :
tnterval :
Water Located; 84+
Remarks : DEEPENED EXISTING WELL
ffis'ff*H#Phone : (9'tO) 9274132
Lic. No. 1095
Mailing Address : P'O' Box
Type or Print)
Weync Shelton / President
ffi;i coNSrRUcrIoN AND rEsr REPoRT
.rl"ii6r-"-*;ffir,
-orrrcr or rus srarp eNcrNnrn
CE USE ONLY
APPROVAL # cwsl l-9143
Amt. Used: 3 oz'
TESTING METHOD: AiT COMPTCSSOT
Static Level : 70 ft'
Pumping Level : Total ft'
Test Remarks :
Date/Time Measured'].11012001
Date/Time Measured 1l'1012001
ProductionRate I5 gPm
TcstLength: 2hours
F-[LE f;itY
ir
'I
ii. DISINFECTION : TYPe : HTH
@ckBoxl
Basalt, Co.8l62l
-'leltot Pf{linercorP
Basalt, Co. 81621
(970) e27-4182
Lic. # 1095
: John Martin
11602 County Road 108
Car.bondale- Co. 816'?
Recommended PumP Set DePth
For Pump Installation We Recommend
Instructions:
Price Per Foot
Minimum Wetl Charge (if applicable) ' ' '
Conditions OfPayment :
155 Ft. Pumping L5- GPM
: Samuelson Pump 945-6309 (Raun Samuelson)
J & M Pump Co 956-6159 (Rick Holub)
Aqua Tec Pump 984-031I (Tom Platzet)
Perforated Ft : 4!L ft
Estimated : 15+ gPm *
Static Level: 7L ft
Total Driiled : ft
$ 0.00
$ 0.00
Name
clo
Address
City, St, Zip
Phone #
Invoice #:
Date :
Permit #:
Location :
c-r7ql
7t161.)001
1 I 0026-A
$ 0.00
2n00.00
pay $ 2000-00
Feet @ $
Feet @ $
Per Foot
Per Foot
Total Footage Charge
I. *WE STRONGLY RECOMMEND A VALID PUMP TEST BE CONDUCTED BY A LICENSED PUMP INSTALLER
TO DETERMINE THE ACTUAL WELL PRODUCTION AND WATER QUALITY' THIS SHOULD ESTABLISH THE
AcruAL *ELL pRoDUCTIoN
'ARAMETER.
wHIcH cAlINor gebgrERr4rNED *HILE DRILLIN.
3. The landowner is ultimately responsibte for the plugging and abandonment of dry holes or replaced wells'
according to State Rules and h.egu'lations. Please contact us for details and/or prices'
nnrNrs lRr nnaor. l r.sy" plxolruc-ffiRcrTrnuoxErtrfnr ^lnnFn ts olvs rRoM FIrLsr
BILLING.
Please call us ifyou have any questions'
THANK YOU
I,e frL flump eem.panq.
Sill AuI$tusdlr7
qzrunod SP'ittgo e0 U60,
fifiont: 970-945'6159
ee& 970-9#-6159
llaa; 970-9454159
Well Test
TO: John Martin
3602Co Rd 108
Carbondale, Co. 81623
DATE: AprilZ3,200l
RE: Well Test
Attn: John,
A four hour well test was performed on an existing well located at the address listed
above. The following results were obtained:
Well Depth:
Water Level:
Drawdown:
Sustained Yield
Recovery:
Samples:
Comments:
If you have any questions, please call Rick at945-6159-
J&MPumpCo.
162',
87',2
3',4"
15 GPM
100% within 25 minutes
State Standards GJ Independent Lab.
This well indicates a high yield suffrcient for
Three households with a consumption of 350
Gallons per day per household
ii)ol,4 /-l/*/
Richard A Holub
Lic. No. 1196
Thank You!
a
435 NORTH AYENUE O
Received from:
_ ANALYTICAL REPORT -
J tr l'1 Fr-tmP Ct:'
Rick (q7Ct)94'5'-6159
B6II I1'7 lload
GIE*rrt+ctocl SPrings, CE B1{:(11
?{lrJ4
JOHN C. KEPHART & CO'
GflAND JUNITION LABOflAIORITS
PHoNEs <g,AO> 242-761A 0 FAx: (g.,il> 243'723/s 0 GRAND JuNcrloN' CoLoRADo alsot
-
water
LaboratorY No.Customer No. .
Date Received
a/7 / tt?
4/r?4/C)?
frrir .:'r'.rri,lr.ilriij(rritillil il .r ". " l!,") r,i1,,, ,
iliianrS: I er
Tt:ta] SusPendercl Scll i ds
Nitrate'(N)
Ni tri te iN)
Tc:tal Ct:l i {orrn lJ;tct'eri;r
T!]5
Ni tr;rte
Ni tr i tt:
TCE
?(lil4
J ehn l'lar.t i n . lrJert er
.::.3 ffiq / I
0" 78 n,irt
iJ, {:}r:} mq / l i';:tl , (i l )
(t coIonie:i,/ICt(tmI
f,lethad
EPA 16(), ?
AS'f HD;iB6'l-gttB
AtiTl"1IJ.5Bdr7-908
$t't 9::??B (HF )
Date RePorted
Date tested
4/7A/O?
4 /?tj/ {-t?
4 /?4/ Ct';
4 i?4/ is?
Di rectclr I H. EtauL't-
WELL.SHARING AGREEMENT
This Well-Sharing Agreement made and entered into this day of
-,2002,
between John C. Martin ("First Party')'and Mary Laura Martin and John C. Martin ("Second
Parties"), WITNES SETH:
RECITALS
A. First Parfy and Second Parties each own an undivided one-half (1/2) interest
in and to that certain water well located on Parcel 1 (hereafter the "Martin Well") all as shown on
the Martin Exemption plat frled in the records of Garfield County, Colorado as Reception No'
(hereafter the "Plat").
B. First Party is the owner of fee simple title to said Parcel 1 on which the Martin
Well is located and has heretofore deeded to Second Parties an undivided one-half (1/2) interest in
the Martin Well and all facilities appurtenant or related thereto, as well as a non-exclusive easement
for such Martin Well and related facilities, a non-exclusive easement for the underground waterline
serving the residence dwelling on Parcel 2, and a non-exclusive easement for electric power lines
to servi the Martin Well, all as more particularly shown and described on the Plat.
C.
described on the
Deed recorded as
Second Parties are the owners, in joint tenancy, of Parcel 2 shown and
Plat, and all appurtenances thereto as conveyed by that certain Special Warranty
Reception No.of the records of Garfield County Colorado.
D. First Party and Second Parties desire to enter into this agreement for purposes
of defining and setting forth their respeitive rights and obligations with respect to the use, operation
and maintenance of the Martin Well and related facilities.
AGREEMENT
NOW THEREFORE, in consideration of the premises and the mutual covenants and
agreements herein contained to be kept and performed by said parties, the First Parry and Second
Parties hereby agree as follows:
I