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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.14.1999BOCC 6/14//99 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Daren E. Olson LOCATION: A tract of land located in the NE 1/4 NW 1/4 of Section 23, Township 3 South, Range 87 West of the 6th P.M. The site is located about 8 miles up Sweetwater Road (CR 150). SITE DATA: 6.1 acres WATER: Pending water rights application SEWER: One (1) existing and one (1) proposed ISDS ACCESS: CR 150 (Sweetwater Road) EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN This area is not covered by any Garfield County Comprehensive plan. II. DESCRIPTION OF THE PROPOSAL A. Site Description: This property is an oddly shaped, elongated parcel which CR 150 bisects (see site plan). The area north of CR 150 has an existing log house and pond located on it. The pond is fed by Hack Creek, which forms part of the eastern lot boundary. The driveway runs a short distance from CR 150 north to the log house. The area south of the road is very steep and is bisected by Hack Creek. Sweetwater Creek runs along the southern boundary. The new driveway runs parallel to the county road is quite steep. Earthwork has already commenced (see photos, page 1 ,95 /J Surrounding land use is primarily residential and agricultural. Vegetation varies across the site. Pinyon, shrub oak, and sage dominate the hillsides while cottonwood and spruce are located along the creeks. B. Project Description: The applicant states in his petition for exemption that the "parcel is split along the Garfield County right of way... creating two parcels of land of approximately 2.3 and 3.7 acres". The site plan shows three (3) lots, but what the petitioner is actually requesting is that Lot 1 and Lot 2 (which is the County Road) constitute the 2.3 acre parcel (from here on out we will refer to Lots 1 & 2 as "Lot 1A", see page 1 ). The applicant is requesting the County Road be part of Lot 1 while simultaneously claiming the County Road divides his property. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations: (Staff emphasis in bold) Section 8.52 A of the Garfield County Subdivision Regulations states that: (‘-�✓�lLl -`�1 �U�' ` v14 "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) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, 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 Board may choose to grant an exemption in this case, but is in no way obligated to do so. Section 8:52 B states that: "All Garfield County Zoning Requirements shall be met." B. Zoning: A County Road can not simultaneously divide a lot and also be a part of it. Staff finds that the argument presented by the applicant contradicts itself. Section 2.02.34 states the definition of a front lot line: 2.02.34 Lot Line: The external boundary of a lot: (1) Lot line, front: the boundary of a lot dividing it from the adjacent street; Yif The definition of a street (Section 2.02.50) is: 2.02.50 Street: A right-of-way reserved for public use (other than an alley) which also provides primary vehicular and pedestrian access to adjacent properties; it may also be used for utility access to adjacent properties. Lot 1A, minus the County Road, is only 1.6 acres, which does not meet the two (2) acre minimum lot size as required by the A/R/RD zone district (Section 3.02.04). The Board is not able to approve an exemption which would result in the creation of a nonconforming lot. This exemption, as proposed, does not meet the minimum lot size of the Garfield County Zoning Requirements. In addition to this concern is the requirements of Section 5.04.02 (2), the Supplementary Lot Area Regulations: "(2) Lot Size 1 Acre or Greater: Such lots shall have a minimum building envelope of 1 acre in an area that has less than forty percent (40%) slopes; however, a smaller building envelope may be approved by the Board after review of the following which shall be submitted by the applicant: (A) A soil land foundation investigation prepared by a registered, professional engineer. (B) A topographic survey with contour intervals of not more than two (2) feet. (C) A site grading and drainage plan prepared by a register, professional engineer. (D) A detailed plan of retaining walls or cuts, and fills in excess of five (5) feet. (E) A detailed revegetation plan. All of the above shall show the minimum building envelope size for each lot and shall provide evidence that all structures and facilities can be uilt within such building envelope area so as not to disturb any forty percent (40%) slope area. The following shallbeconditions of any approval: (A) Foundations shall be designed by and bear the seal of a registered, professional engineer. (B) All finallans required Ito be submitted by a professional engineer shall be approved n their final form and shall hear the seal of such registered, professional engineer." The applicant has not provided a survey showing the existing slope of the property. No building envelope has been indicated. Although the plan indicates an area of 1.3 acres in size (on Lot 3) has less than 40% slope, it has not been demonstrated whether a building area of at least one (1) acre exists. The live stream setback can not be counted as a portion of the building envelope. Section 5.05.02 of the Zoning Resolution states: 3 Live Streams: A setback of thirty (30) feet measured horizontally from and perpendicular to the high water mark on each side of any live stream shall be protected as greenbelt and maintained in conformance with the definition thereof with the exception of diversion facilities as an accessory to the approved use of the lot. The applicant shall adhere to this provision. It appears doubtful that a build -able envelope of at least one (1) acre exists on Lot 3 (see drawing, page ). The applicant has not provided the necessary information to determine this. C. Access:. The applicantprovided a copy of a driveway access permit for the existing log home (see page TO, but no new driveway permit for the driveway shown in the photos (on Lot 3) was provided. The new driveway on Lot 3 is quite steep and cuts back sharply to run parallel to the County Road (see photos, page" j,'C;). Existing vegetation along the County Road reduces visibility at the new driveway intersection The applicant will need to obtain a driveway access permit for the new driveway that has been constructed on Lot 3. The applicant also needs to provide proof of legal access to Lot 3. It appears from the site plan that the new driveway partially lies on land not owned by the applicant. In addition, Section 5.04.02(3) of the Zoning Resolution, Supplementary Lot Area Regulations, states: (3) For all lots: Driveways, access ways and access easements within the development and on the property of developer shall have a maximum grade of fourteen percent (14%). (A. 94-046) The applicant has not provided evidence that the maximum grade of the driveway does not exceed 14%. D. Water: The applicant has provided a signed ruling of the referee for an application for water storage rights, underground water rights, and approval of a plan for augmentation. Olson Pond, fed by Hack Creek, is the storage structure. Olson Well #1 and #2 will serve the existing house and the new lot. It states in the ruling that "A conservative assumption is that the Olson water rights could potentially be subject to a downstream call in all months except the peak runoff season. During this non -call runoff period, the Olson pond can be filled. During the remainder of the year, releases can be made from the pond to augment the depletions. The Olson pond has sufficient capacity to make releases to offset the full amount of depletions." The Referee granted the application with three (3) conditions, the first of which is that prior to implementing the plan for augmentation, pursuant to C.R.S. 37-90- 137(2), permits for construction and operation of Olson Well. No. 1 and No. 2 must be obtained. 7� The applicant must supply a copy of an approved permit for Olson Well No. 2 and ' , a copy of the augmentation plan. Additionally the following conditions will apply `f to the individual well (pursuant to Section 8:42 D of the Zoning Resolution): IP e 1 �W I _ 0,01 1) That a four (4) hour pump test be performed on the well to be used prior to summer irrigation activity in the area; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) 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; 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) If the well is to be shared, a legal well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs will be filed with the exemption plat. 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. E. Sewer: Site specific soils investigation and engineering may be required to safely place any system. It appears that Lot 3 may not have an adequate area for an ISDS if this division is approved. The physical separation requirements in the Colorado State Board of Health Standards, revised 1994, must be met (see pages ). The setback from the creeks is fifty feet (50'). In addition, pursuant to the ISDS standards, the applicant must obtain a test hole evaluation showing that the groundwater is at least four (4') feet below the bottom of the test hole in the wettest months (see page 10 ). The applicant has not provided evidence that an ISDS can safely be placed on Lot 3. G. Drainage/Floodplain: This area is not mapped by FEMA. No floodplain data is available. Portions of Lots 1A and Lot 3 may be subject to flooding. According to the Soil Conservation Service study (SCS) the soil of Lot 3 is primarily composed of Fluvaquents, which are poorly suited to homesite development due to the limitations of flooding and a seasonal high water table (see SCS study, pageU'L5). The presence of this soil type may indicate this is indeed a floodplain. Site specific investigation prior to issuance of a building permit may be required. If this area is determined to be a floodplain, a special use permit may be required to place building improvements on Lot 3 (pursuant to Section 6.00 of the Zoning Resolution). 5 H. Fire Protection: The applicant has submitted a letter from the Gypsum Fire Protection District dated 5/13/99 (see page jcc- ). Dave Vroman, Fire Chief, states that this property is not within the Gypsum Fire Protection District but that the Gypsum district will provide emergency service on a fee basis if a structure is on fire. The duty officer will determine response level in all other cases. A plat note should reflect the fire protection status in said letter in order to ensure the safety of residents. I. Easements. Any required easements (drainage, ditch, access, utilities, etc.) will be required to be shown on the exemption plat. See section C, above. J. School Impact Fees: The applicant will be required to pay the $200.00 school site acquisition fee for each newly created lot, prior to the approval of the final plat. K. Soils: According to the Soil Conservation Service study (SCS) the soil of Lot 3 is primarily composed of Fluvaquents, which are poorly suited to homesite development due to the limitations of flooding and a seasonal high water table (see SCS study, page)t-h"`)). Lot 1A is primarily composed of the Showalter-Morval Complex which is "very poorly suited to homesite development. The main limitations are the slope, the shrink -swell potential, and the stones throughout the profile". 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. 4. That the application is in conformance with the Garfield County Zoning Resolution of 1978, as amended, and Section 8:00 of the Subdivision Regulations. 6 GARFIELD COUNTY Building and Planning Department July 26, 1999 Mr. Daren E. Olson P.O. Box 3398 Eagle, CO 81631 Re: Subdivision Exemption Request Dear Daren: On July 19, 1999, the Board of County Commissioners moved to conditionally approve the Olson Subdivision Exemption request. The conditions are as follows: 1. The final exemption plat shall reflect the site layout plan dated 7/14/99 provided by Resource Engineering (job no. 713-1.0). This site layout includes a building envelope of 2,500 square feet, house location, drainage ditch, detention pond, bridge, and a leach field location. The plat shall also reflect the Meyers Land Systems plan dated 6/30/99, drawing # 99100PRE. The total square footage of the house shall not exceed 1,500 square feet. A drywell septic system shall be used and the leach field shall not exceed 300 square feet. The well shall be located on Lot 2. If the well is not located on Lot 2, a well sharing agreement shall be provided. ` , �'j GU/MAC (-/Au, � Z' 7/`- 41 AB required setbacks shall be observed and shown on the plan. All foundations shall be engineered. Fire protection setbacks shall be observed and indicated on the plan. These setbacks can be found in the "NFPA 299 Standard for Protection of Life and Property from Wildfire". 7. Prior to the approval of an exemption plat, the applicant shall provide proof of legal and adequate source of domestic water for each lot created and will demonstrate that the water supply will meet the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion reportf demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) 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; 3. Tel_ 945-8212/Fax: 945-77R5 109 8th St. Ste. 303 Glenwood Snrinos. CO 81601 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)— If the well is to be shared, a legal well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs will be filed with the exemption plat; 7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; Evidence that the revegetation plan has been followed and has been successful shall be submitted with the final plat. Further erosion problems shall be avoided. The tandard "boilerplate" conditions shall also apply. They are as follows: • hat 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; • A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, 25 ft. wide accesses to a public right-of-way, and any proposed easements for setbacks, drainage, imj'gation, access or utilities; hat the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption; • 7hat the applicant shall submit $200.00 in School Site Acquisition Fees for th creation of the exemption parcels prior to approval of the exemption plat; • at the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be complied with. • That the following plat notes shall appear on the Final Exemption Plat: "One (1) dog will be allowed for each residential unit 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. sew., 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 will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except ---% that provisions may be made to allow for safety lighting that goes beyond the ll property boundaries"_ -.)"No further divisions by exemption from the rules of Subdivision will be allowed" "Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, RI 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. 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 Telt 945-8212/Fax: 945-7785 109 Rth fit__ lith_ 303 Glen -mind Springs. CO 111601 one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations." "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 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." A resolution to this effect will be written by this office, signed by the Board of County Commissioners, and recorded in the Clerk & Recorder's Office. I look forward to receiving the Final Exemption Plat. Enclosed please find a copy of the review time involved in processing the application. The total fees due to this department are $817.00. Please contact me if you have any questions. Thank you, Kit Lyon Planner Tel: 945-R212/Fax: 945-7785 109 Rth St. Ste. 303 f lenwnnd Sinrimrs. CO 81601