HomeMy WebLinkAbout2.0 BOCC Staff Report 11.27.2000• •
BOCC 11/27 /00
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision .
APPLICANT: William E. Prehm, Edmund A. and Isabelle
Prehm
LOCATION: A tract of land located in a portions of
Sections 24 and 35, T6S, R88W of the 6th
P.M.; located approximately '/2 mile south of
Glenwood Springs off of County Road 163.
SITE DATA: 191.0 Acres
WATER: Well
SEWER: ISDS
ACCESS: CR 163
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the proposed lots is located in the Medium Density Residential (6 to less than
10 ac/du) and the Low Density Residential (10 and greater ac/du) on the Proposed Land Use
Districts, Study Area 1 Map. The proposed lots are consistent with the proposed density
in the Comprehensive Plan, since the average density exceeds 10 ac/du.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located on adjacent to the Roaring Fork river, due
south of the Glenwood Springs municipal airport. Four Mile Creek runs through a
portion of the northeastern section of the property. The applicant's house is located
on the property, along with various other buildings. All of the proposed new lots are
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located on a bench located above the river, that is presently an open pasture area.
Most of the property sits on a north facing slope, with slopes ranging from 12% to
65% according to the soils information contained in the application. The native
vegetation is primarily sagebrush and scrub grasses.
B. Project Description: The applicants are proposing to split a 191.0 acre tract into four
(4) parcels of 4.0, 4.0, 4.0 and 179.0 acres each. The three smaller lots will share an
domestic well and each lot will have individual sewage disposal systems. Access
to the lots will be via CR 163.
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created from any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and
is not 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 highway, County
road or railroad) preventing joint use of the proposed tracts, and the division occurs
along 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 (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;"
The applicant's attorney has submitted a legal opinion that the property in question
has been in existence since prior to January 1, 1973 without any parcels being split
from it. The applicant's qualify to request up to four (4) lots by exemption.
B. Zoning: The subject property is located within the A/R/RD zone district, which
allows a minimum lot size of two (2) acres. All proposed lots are in excess of the
minimum, lot size requirement.
C. Water: The applicant has obtained a contract from the West Divide Water
Conservancy District to allow them to obtain new domestic well permit . It will be
necessary to have the permit approved by the State Engineer's Office and to drill and
pump test the wells, prior to the authorization of an exemption plat subject to the
following criteria:.
a) A well be drilled and a 4 hour pump test shall be performed;
b) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
c) The results of the 4 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted
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to the Planning Department;
d) A written opinion of the person conducting the well test that this well would
be adequate to supply water to the number of proposed lots and be submitted
to the Planning Department;
e) An assumption of an average of 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 and nitrates.
g) A water sharing agreement will be filed with the exemption plat that defines
the rights of the property owners to water from the spring.
D. Sewer/Soils: The applicant proposes use of individual sewage disposal systems as
the method for waste water treatment. According to the Soil Conservation Service,
the soils on-site for the three smaller lots, when used for building site development
and placement of ISD systems have slight constraints. The other soils have severe
constraints due to slope and depth to bedrock. Staff would normally recommend the
inclusion of a plat note to address the severe limitations, but since the soils for the
new lots have slight constraints, no plat note appears to be necessary.
E. Access: Access to all proposed lots would be via CR 163. The Road and Bridge
Supervisor has done a site review on CR 163 and has had a verbal description of
some proposed road improvements to be done by the applicant, on CR 163. The
applicant needs to develop a road plan prior to the approval of an exemption plat for
the review and approval of the Road and Bridge Supervisor.
F. Fire Protection: Included with the application is a letter from the Glenwood Springs
Fire Department that notes the need for certain changes to the proposed fire
protection plan and that the plan should be included as a plat note on the exemption
plat. The proposed pond and fire hydrants should be installed prior to the signing of
an exemption plat.
G. Easements: There are no irrigation ditches and power lines shown on the map. Any
required easements for drainage, utilities, access, irrigation ditches, etc., will be
required to be legally described and shown on the exemption plat.
H. Floodplain: The Roaring Fork River runs along the east side of the proposed new
lots, but at an elevation at least 25-30 ft. below the main bench proposed for
buildings. Since there is no restriction on the location of the buildings proposed in
the application, it will be necessary to identify the floodplain on the exemption plat
and include a plat note stating that any dredging, filling or construction in the
floodplain will be subject to the approval a Floodplain permit by Garfield County.
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Covenants: Included in the application are proposed covenants that include a number
of restrictions and definitions. One issue dealt with in the covenants is allowed, but
there is no restriction on the number of dogs. The Subdivision Regulations limit
each dwelling to one (1) dog. This will need to be a plat note and the covenants
need to be amended to define the limit. Additionally, the Right to Farm language
needs to be included in the covenants. The proposed covenants will meet the
previous requirement for a well sharing agreement.
J. School Site Acquisition Fees: The applicant will be required to pay school site
acquisition fees of $200, for each lot created by this exemption. This would result
in a total of $600 for the application.
IV. SUGGESTED 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 is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application pursuant to the listed conditions:
1. That all 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. An Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, 25 ft. wide access to a public
right-of-way for each lot, and any proposed easements for setbacks, drainage,
irrigation, access or utilities.
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 (1) year from the original date of approval, provided the
applicant submits a request for an extension prior to the approval expiration date.
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4. That the applicant shall submit $200.00, per lot, in School Site Acquisition Fees for
the creation of all exemption parcels.
5. That the following plat notes be included:
"Control of noxious weeds is the responsibility of the property owner."
"One (1) dog will be allowed for each residential unit within a subdivision and the
dog shall be required to be confined within the owners property boundaries."
"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".
"All exterior lighting be the minimum amount necessary and that all exterior lighting
be directed inward, towards the interior of the subdivision, except that provisions
may be made to allow for safety lighting that goes beyond the property boundaries".
"Portions of the lots along the Roaring Fork River are within the 100 year floodplain.
Any dredging, filling or construction within the floodplain is subject to the approval
of a floodplain permit from Garfield County."
"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.
In addition, 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 control, using
property in accordance with zoning, and other aspects of using and maintaining
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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."
7. The applicant shall receive any necessary driveway permits, for each lot created,
from the County Road and Bridge Department and submit a road improvement plan
to the Road an Bridge Supervisor, prior to signing of an exemption plat. - eiwif�
8. That the appli nt"dennorsIai,,e that an adequate supply in both quantity and quality
exists for thTlots to be created. Criteria for demonstrating the quality, quantity and
dependability of the well :
a) A well be drilled and a 4 hour pump test shall be performed;
b) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
c) The results of the 4 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted
to the Planning Department;
d) A written opinion of the person conducting the well test that this well would
be adequate to supply water to the number of proposed lots and be submitted
to the Planning Department;
e) An assumption of an average of 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 suspended solids, bacteria and nitrates.
g) A water sharing agreement will be filed with the exemption plat that defines
the rights of the property owners to water from the spring.
9) The proposed covenants be amended to restrict all property owner to one (1) dog per
residence and the Right to Farm language identified as a plat note needs to be added
to the covenants. )S 11 (2
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