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HomeMy WebLinkAbout2.0 Staff Report BOCC 02.26.96PROJECT INI'ORMATION AND STAFF COMMENTS BOCC 2126t96 An exemption from the definition of subdivision. David Percak A tract of land within a portion of Section 25, T5S, R92W of the 6th P.M.; located approximately 2,5 miles north of Silt along County Road 237 (Harvey Gap Road). 40 Acres Shared Well Individual sewage disposal systems Direct access to CR 237 A/RIRD East: O/S NorthAVest/South: A/R/RD REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: II. RELATIONSIIIP TO TTIE COMPRf,HENSIVE PLAN The subject property is located within District A - Silt Urban Area of Influence, District D - Rural Areas/IVloderate Environmental Constraints, and District F - Rural AreaVsevere Environmental Constraints as designated by the Garfield County Comprehensive Plan's Management Districts Map. DESCRIPTION OT' THE PROPOSAL Site f)escriFtion: This 40 acre property is located on the south side of the Grand Hogback at the mouth of Harvey Gap. Slope across the property ranges from moderate to steep, with the average slope calculated to be approximately ZlYo. The Farmer's Inigation Ditch enters the northern portion of the property, which then splits into the East and West laterals of said ditch. Except for the ditch laterals and an existing maintenance road, it appears there are no other existing improvements. Seeexrsnng rnamtenance rqad skercn map, pag"l€- B. Adjacent Land Uses: The area is primarily agricultural on generally large acreage tracts. The Bureau ofland Management owns land adjqpent to the eastern property line of the tract in question. See vicinity map, page - b . Proposal: The applicant proposes to divide, by exemption, the 40 acre tract into two (2) parcels of 12 and 28 acres, using the County Road division criteria, whereby the physical presence ofthe road preventsjoint use ofthe tract. There are no existing homesites; however, if approved, staffassumes both parcels would be developed for single family homesite development. A. C. -/- III.MAJOR ISSUES AND CONCERNS A. Srrbdivision 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 unils will be created Jrom any parcel, as that parcel was described in the records of the Gurfield County Clerk and Recorder's Office on January I , 197 3, and is not a parl of a recorded subdivisiotr; however, ony parcel to be divided by exemption that is split by a public right-o/-way (State or Federal higlway, County road or railnxul) or naluralfeahre, preventing joint use o/ the proposed tracts, and the division occurs along the public right-of-way or natural feahtre, such parcels thereby creerted 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 I i m i talion othe rw ise appl i cab le ; " A deed submitted with the petition January, 1996. See deed, pages applicant purchased the property in The applicant is not requesting a C. "regular" exemption but is requesting the exemption be approved based on CR 237 creating a physical impediment preventing joint use of the property. Therefore, in the discretion of the Board, it appears this request complies with Section 8:52 (A) of the Subdivision Regulations. B. Zoning'. The subject property is located within the A/R/RD zone district which designates a minimum lot size of two (2) acres per dwelling unit. AII proposed lots are in excess of this minimum requirement. Water: [t appears the applicant intends to serve both parcels with a;hprqt, exempt domestic *.U, for whicha permit application is attached on pages $*a . This well would be located on Parcel 'B' and would appear to include the necessity of disturbing CR 237 to supply Parcel 'A' with water. Staff recommends that the applicant apply for and receive all necessary permits from Road and Bridge and the Ditch company and, furthermore, install the water supply line to Parcel'A'prior to the authorization of an exemption plat. Sewer/Soils: The applicant has proposed that the method of waste water treatment would be the use of individual sewage disposal systems. According to the Soil Conservation Service, there are four (4) different, general soil classifications, each with its own limitations to development. When used for building site development and the placement of ISDS, all soils are considered to have moderate to severe constraints. Staff recommends the inclusion of a plat note to address these limitations. Access: From the sketch map, it appears that access to Parcel'A'would be directly from CR 237 and staffsees no special problems arising from this access. Given the location of the existing irrigations ditches on Parcel 'B' access to Parcel 'B' may require easements from the ditch company. There is an existing bridge spanning the West Farmer's Irrigation Ditch, providing access to a maintenance road for the East Farmer's Ditch. It appears access to Parcel'B' could be via this bridge; however, staff assumes that permission from the ditch company would be necessary. Staff recommends that the applicant apply for and receive all necessary driveway permits from Road and Bridge and receive any necessary easements from the Farmer's Irrigation Ditch Company, prior to authorization of an exemption plat. Fire Protection: Included with the application is a letter from the Burning Mountains Fire Protection District indicating the subject property is within its District. See letter, page -lD r Staffrecommends the inclusion of a plat note addressing wildfire mitigation. Easements: Any required easements for drainage, utilities, access, irrigation ditches, water supply, etc., will be required to be shown on the exemption plat. D E F. indicates the G ? O?- School Impact Fees: The applicant will be required to pay school impact fees of $200, for each lot created by this exemption. Potential Road Impact Fees: Upon adoption of a road impact fee, the lots created by this exemption will be subject to paying that fee; paid at time of building permit applicatioq paid by the building permit applicant. This provision shall be included as a plat note. ry.SUGGf,STED FINDINGS 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 all 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 ofthe health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. RECOMMENDATION Staffrecommends APPROVAL of the application, pursuant to the following conditions: That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered cqnditions of approval. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 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. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of all exemption parcels. That the following plat notes be included: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognizethe increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Upon adoption ofroad impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "This exemption was approved based on the use of a central well and shared water system. There is no assumption that a household use only well will be a dependable water supply. Any purchaser of a parcel of land that was created by this exemption reserves the right to use the proposed central water supply." "The shared well system approved for this exemption requires either an individual water storage tank, minimum capacity of 1000 gallons, be installed at each lot or a central storage tanh the sizing shall be a minimum of 1000 gallons per lot created and H I l. 2. 3 v. 1. 2. 3. 4. 5. 12 3- 8. served by the central water system. This shall be done at time of building permit application at the expense of the building permit applicant." "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal n -shall determine specific ISDS needs on the site."nTr#e< sAAt,fr dof*mtv< ?trtqofi 6lQ6ufirol af grcil€rC Lo7 ^ , The control of noiious weeds shall be the resporisibility of the landowner. [(eArco 3Y The applicant shall receive any necessary driveway permits, for each lot created, fromf,lg f'^qA theCountyRoadandBridgiDepartment,prioitosigningofanexemptionplat. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system: Both wells be drilled and a 4 hour pump test shall be performed on each; 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; The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shallbe submitted to the Planning Department; 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; An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; If the well is to be shared, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot (required at time of building permit application); A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); 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 shared well systems); The water qualrty be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. a) b) c) d) e) 0 s) h) i) 9. That, if the shared well system will disturb either the irrigation ditch or the County Road, the applicant will receive the required easements. and excavation permits prior to authorization of an exemption plat. \ ,*ur*, *konare &rctt d' z/"lftl ? y'- if,-,ftt' Pr: )2rl\( Adjolniog .) t ez Qv) Lltt't,ot -2{2-00-006 eu) B A'or ( (r *ir'^r; @9) ur.l&: L c.;''rr raAC i (P , ,q,rt-r A) Eletf ucnc t\// l\,, t/' 1\"r',ti I\"t o N ,,i \l"i #t ,\s r \lwlF"/f] q-, r* t I L4cRc> I Z 8 l,cPtrs Llt(,fru0 fV. c,f ru (,t\ P t, rls{, 17 s ,}€- wo.l I s,lt p o/e- /1 '( \\rrl,/zt)' \\ o+ r r\\'{ | 32-c: , Ai///Zz,<--3:N"-.//, ---'-'\'.n\ €9 N 1 IL /t/ N,l,U .Y1 N E yl Si; cTro N 2.; /1ru Aird,l\ 5 '>.,r.1L,, [1rv.!(. 1L @r:.D,',1D,/--'/ -/ ,/ -//f/ 1 r,= 2cirir P A(L(,CL A '(*r, ,.r.o".*., d) flAecc 1 B (-f..f <-o.^r7 n-'t.\ L-,qfEp^,L l=ARyrr.ilJlo-RttciT,oN I)ir-Lt+ L:r(15'rtp I lvtl\tu l*r,rr.cq AD Cr{ € . f-r,r ^r p'5 n fiL)f AbAu ll t' a 6 D ly)t N)enr,i.,; h pot>,b)y / p-ufiu>c,0 tc.lep (.s 7q- F & /" L't't) I f SII.T' GUADRAI{CLE cor.ofiAu)-cAllFlELD Co' / 5 MlNUIli sEl?tES (]-OPOOR i" ri( Ir .,/, /i.1 1':a: -t'// , '1 -'.r'. ) ' t') / ':r, - .,.t r \'1,, IJ, I tl t Ji \ '\.,,1, '(/11 tI l'l I ,l ilr'l r,l .'ri-rtL I -t(., (./ J\') ( , .il . /./; i'l-r ,ii. 1-,,}it lt ll,'r :"iJ'q,;,r1X ,'!W'\x \/,iiil/,' ".;)'tl r t.2t<\ 'x''-.it '.i','.P',1) i'tN :',S.^N Y. ) l= E' -'\.. Itr...-lrtton l.ltr l(uctrr dcrl ut t, 'Cl uur WARIIANTY DI'IID I'IIIS DIIJD, Ivlurlo tlric 1OTH day of JANLTARY l(ecor.lcr ,1996 ,bclwcrn UNDIiII 'II]A'I' t2, 79'16 , Srantor, ond , Srant4c: good and valuable DOLI-ARS, lho rcccipt and auflicicncy of which ic hcrcby day of JANUARY ,19 96 , AND CLAUDE ALBERT JOHNSON, TRUST AGREEMENT DATED AUGUST IIELEN CHRIS'I'INE "N!]LL' ELDRTDGI: AS TRUS'I'I}E AND ALBERT JoHNsoN, JR. AS CO-'I'RUS'I'IIE AS DESIGI'IA'IBD CER'IAIN IRREVOCABI,E'T'RUS'I AGREEMIIN'T' DA'IED AUGUS'I of tllc raid County of DAVID PERCAK anr.l Stutc of CALf FORNfA wlroec loga"l adtlrcso it 264 SNOT"IMIILT ROAD SNoIJMASS VILLAGE, CO 81615 olthc Eaid County of pTIKIN aod Srarr: of COLORADO WIINESSIiI'II, Thar Uro 8r&ntor for and in considcr&tion of rhc rurn of conBlderation and ten oo bof C6o r0 o- ocknowlcdgcd, har grantcrt, barglinc<t, gokl ald convoycd, and by tlrcuo prcecnts docr grslt, bargain, acll, convcy and conl-trm, unto tlrc g(^olcc, hir hcirr aotl nerignu forcvcr, all thc rcal proporty togcdrcr with irnprovcnrcntr, ifany, eituatc, lying and bcing in thc said Counly of GARFIELD ald Strtc of Colonrdo dcscribcd ss followr: NW1/4NE1/4, SEC'ITON 25, TOWNSTITP 5 SOUTII, RANGE 92 WEST OF THE 6TH P.M. COUNTY OF GARFTELD STATE OF COLORADO as knowu by srroc( attd rruurbcr a.gt 'IOGETUIJR witlr all urtl riogulu tlro horcrlitarncntr orrd appurtonarcor thorcto bclonglng, or in aoywiac Eppcrtaining, and tho rovcrrion and rcvcrsionc, rcnraiodcr nnd rcrnuindcrs, rcrrts, irsuco and profitr tlrcrcof, rrrd dl thc cstrts, right, titlo, intcrc8t, claim atrd dcrnand what- gocvcr of lho lranl.or, cithcr in law or cquity, of, in and to tfic rbovo burgaioc<l prornidcs, with tho hcrcditrmcnts aod appurtcnalcor. I O IIAVII AND 'I'O IIOLD tlrc oaid prcrnieco abovc burguincd ald dcecribc<I, with tho appurtcuonccs, unto t.ho grant c, hic hcim and astignt forcvcr. And tho 8r8n1or, for hinrsclf, hir [eire, und pcreonal rcprcscntrtivoc, clooe covcnant, grant, bargain, arrd agrcc to md with th68r&otec, hichcirsa,nr.lasuignc, th&trltthctirncoftho cosculirlga.od rlclivcryof thc6cprcccnts, hoiswcllscizodofthoprcnriscttbovo convoyc<|, hae good, eurc, pcrfoct, ubsolutc and intlcfcuiblc c6tau: of inhcritaoco, in law, in fcc oimplc, and has good right, full powcr and lawful autlrority to graot, blrgain, rcll aad c<lnvcy tlro rulrc in rnatrncr and fornr es [forcssid, antl tlat tho sonrc ua ftco and clear fronr a]l forrncr and olhcr grants, bargainr, urlcu, licna, toxcd, flsscstlncnts, cncuorbrulcct ond rcstrictionr ofwttalcvcr kind or nduro oocvcr, cxccpi eaaements, reatrlctlone, reservatlons and righta of way of record, or sltuate and in uee, and real property taxes for the year 1996, not yet due or payable. Thc graltor shall aad will WARRAN'I'Y AND FOREVER DEFEND thc abovc-bargaincd prcmiroe in thc quict and pcaccablc pooscssion of tho granlco, hic hoirg utd a.eaigna, agalnut alt an<t ovcry pcrfon o( pcrdonr hwfully clairning tho wlrolo or ary p&rt tlcrcof. Thc eingular nuntbcr rha.ll includo thc plural, tho plural ttro riogulur, oltl r.lrc uec of uny gcrr<.lcr shull bc applicoblo to all gcn<Icro, IN WI1NESS WIIDREO!-, thc grantor hua cxocu(cd thig dccd os thc duto 6ct forth abovo. I CLAUDE AIBERT CO ) ) gs. ) IRUS'I'BE cou,tyorlhttpkD Thc forcgoing inflrumcar was ocknowlcdgcd bcforc rno rhic {fA-by HELEN CHRISTINE "NE[,L" ELDRIDGE AS dRUSTEE JR. AS CO-TRUSTEE OF I'HAT CERI'AIN IRREVOCABLE Sratc of cALI6oRNIA- oFftcl^L sr-\1. J^NA MENDtvtr Witlcas GLENWOOD ITEALI'Y P.O. BOX 537 GLENWOOD SPRTNGS, CO 81602-7- q trtrfr c.9MY,!,,r0:11s7 ENotary Publlc.Calilornta IllrDtDtrr a^r rrrw U arv Publlc. rMPtRtAt ciCOUNW Public | \ffi7'isilt"i'J."i5ii4'"' T@trr-p-ggs ugo qp o oqf= $rml Tllc o( Glawqrd Sprlngr - fllc Nc 9SO2.I8O0 Nq /3lA WAI{R.\NTY DEm fru Hrdognptrlc Rurt) DOC f'EE: 5 .70 12 , l9'16 No[ry WRJ-5.11e,.76 Application rnust l-re cornplete wlrere applical)lc. TyPe or prirtt irr BLACK lN K. No overstrikes il-iras,,res .,,rless ir.rit ialed. C ORADO DIVISION OF WATER RESC ICES B'lB L-,rterrnial Bldg., 1313 Sherrnan St., Denver, Colorado 80203 PE RMt T APPLiCATIoN FORIV! (X (x FOR: (X ( (ot-l rE R WATER A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL A PERMIT IO INSI'ALI- A PUMP I] EI)I.ACEMENT FOIt NO. COURT CASE NO. (1 ) AePlleANT - mailins address NAME -Daui d Pereak STREET P .0. llox 5651 CITY Snowrnass Villaqe, C0 81615 TE LEPI ION E NO (state) 970-9'.23-129t\ (2} LOCATION OF PROPOSED WELL County Garfield -Nt^J % of the-NF %, Section Twp. 5 5--, nus. - 92 l,l -6tlt P rvl tN.S} (E.W} (3) @ATA Pr<lposed maximurn Jrurnping rate (gprn)i5 FOR OFFICE USE ONf Y: DO NOT WRITE lN THIS COLUMN Receipt No Basrr-t Dist. (zlp! Tlris well shall be used in such a way as to cause no material iniury to existing water rights. The issuance of the permit does not assure the applicartt that no inlury will occur to another vested water right or preclude another owner of a vested warer riqht from seeking relief in a civil court action- ftECElttEU .jAf,r I 6 tgg6 r,il;;'il, #oj,X_ Average anntral amount of grourld water to be -appropriated (acre-feet): 3 - Ntrrlber of acres ro be irrigatetl: ProJrosed total depth (feet):150 Aqrrifer grotrnd water is to be obtained f rom: Unkriounlri butartr-to*:Lhe Colorado Riler Owner's well designation GROUND WATER TO BE USED FOR: HOUSEHOLD USE ONt-Y -no irrisatron (0)( (x ( ( ( DOMES'nC (r) LIVESTOCK (2} COMMERCIAL (4} I INDUSI RIAL (5} ( )tRRtGATtON (6)( ) MUNTCTPAL (B) oTl-rER (9)APPLICATION APPROVED DETAIL THE USE ON BACK IN (11) (4) DRILLER Col orado rL"'icensee PERMIT NUMBER DATE ISSUED Name Srreet EXPIRATION DATE CiIY (STATE ENGINEER) (Statel Telephone No.Lic.No.--;g; 5 COUNTY (5) TllE LOCATIQI!_QfJI-IE PRL. JQEQ_IUELL and rlreareaonwllEtr-m *alcr;ili tr";ed ,nist r,e in,ti.,otr.,i il rltr Jii0r,nlr"ro* tjse tlrc CENl'Ett SEC'l-lON (l secriorr, 640 acres) for tlrc well locariorr. by distances front section lines. (6) I 200 ft. frorn North1---r I t-l- I l--l I l'I I -l--*l- I-l- r. I l- --r - t* - -- E,5280 FEI -t- SECTION L Il.-l- I I I I I_i__ I I I II_ I I SECTION L -l I _l_ ._ l--- -IMIL "t NORTII_r.- i -l--_ I -t-- I I-t-- I -l- l{.-- .l I t-- I HI il elFl_ fl ET-- -l- .INE--r I l- I --l- I I I I .INE -1- l- --- 1 * {- I l- 1- ;u l--+ I I-.ls -F lah t;lm=--J! -L-lo t;-- lfr r- I I ----l -- -+- I--l- + I - --- -l- r -1 I I I 1- It I I -l I l- I + I -l- I -l- 2200 tt. trorn (no,ln o, 50uthl East sec. line sec. line 1 (z) LOCATED 6*n"r. David Percak No. ot u*us . 4 4O o.P. t/tb9.fivirr tr,is ue the orrly well on this tJact? Ye S (eait or wastl lor I BLocK n/a rrltNG * SUEDIVISION Percak (B) PROPOSED CASING PROGRAM Plain Casing 6 in. from +l tt. to 50 t. 4l in. from 40 t. to 120 fr. Perforated casing 4l in. from 120 1r.,o 150 1. in. from ft. to_ ft. ../ (9) FOR REPLACEMENT WELLS sivedistance and clirection from old well ancl plans for plugging it: WA'tEt1 EOUTVALENTS TAULE iltorrnclett Figuresl Arr acre-loot covers I acrc of lantl I foor deugt 1 cubic loot !)er second lclsl . . .449 gatlr)ns pcr minute (gpm)A larnily ol 5 will require approxinrately I acre-loot Jl wate, per year.I acre-loor ... 43,560cubic feel... 32S,gO0gailons. I.OOO gpm pumpe<l cor)rinuously (or one day liroclt,ces 4.42 acre-fect. Tlre scale of tlre diagrant is 2 inclres - I ntilc Eaclr srnall square reJ)reserrts 40 acrcs. n/a No. of acres: l+O (10) LAND ON WHICH GROUND WATEB_I/yII!-EE-USES owner(s)' Da'rid Percak Lesaldescriptior: NW *. NE *. SqEL-LO1 25. I5!. R92W of the_6ULg.U- I l- I ---l_=- I -l-- (11) DETAILI-D DE$CBIPTION of rtre use of sroundsvstcnr to be used' Three hotrsehol <1 , r^la t.eri ng watcr: Houselrold trse and dornestic wells must indicate typo of disposalstock. One acre of irrigation,disposal wil I be septic t,.lith leachfjeld (12) QIHER WATER RIGHTS used or.r this land, including wells Used lor (ptrrpose) Give Registration and Water Court Case Numbers. Descriprion of land on which usedType or riglrt (13) THE APPLICANT (S)STATE(S} THAT TI.IE INFONMATION SET OF I{IS KNOWLEDGE. FORTH HEREON ISTRTO THE,REST SIGNATURE OF APPLICANTIS) Use additiorral slteets of paper if rnore space is reqr"rired. Burning Mountains Fire Protection District Box 236 sitt, co 81652Board lloss tolbott - Chtlnlurr Williuur Montovcr Scan lVlello 'fou Volglrt Gordon Witzkc Don Zordcl - Chlsf Stu Cerlse . Asslst. Jarrtrary 22, 1996 'lb Whorn It May Concern: 'l'lrisisttlirtltlrrnyoutltittlhcpr0pcltylooand on23J road,'l-5S.,R92W.,6thpM.,NWl/4of theNIll/4, Sectitlrr 25, is withirt tltc llrrrning Mountains Fire l\ntection District. 'l'harrk you, ,) z') ., /,'" ., ,/ ,/:- / "<' "' / /,.i(1,,t,,:rt// ,( S( la-i+(,/t Donirltl 1..'l.ordcl)Cllyl/ i llurning Mtns., Ilt)D */0- -',ur" ,!fr