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
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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. \
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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
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SECTION L
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2200 tt. trorn
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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-
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(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.
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Donirltl 1..'l.ordcl)Cllyl/ i
llurning Mtns., Ilt)D
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