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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.26.1996• • BOCC 2/21/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Thomas Odgers, Samuel Potter LOCATION: A tract of land located in a portions of Section 11, T6S, R94W and Section 6, T7S R94W of the 6th PM; located approximately one (1) mile southeast of the Rulison I-70 exit.. SITE DATA: 204 acres WATER: Springs SEWER: ISDS ACCESS: County Road 309 EXISTING/ADJACENT ZONING: A/R/RD RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District B- Subdivisions/Rural Serviceable Areas 1/2 to 1 mile radius, Minor Environmental Constraints, as designated on the Garfield County Comprehensive Plan Management Districts' Map. The subdivision noted in the Comprehensive Plan is the Rulison Industrial Park, which was a subdivision that received sketch plan approval in the middle 70's, that was never submitted for any further review and is a nonexistent development. II_ I)I;,SCR1l'"I'ION O1 THE PROPOSAL A. Site Description: The site is Located south of the Rulison I-70 exit, in an area of rural residential use, mixed in with an agricultural area. There is an existing residence on the property. A vicinity map is shown on page' S . The property slopes from the south to the north with slopes ranging from around 6% to over 25% in the southern most portions of the site. B. Project Description: The applicant is proposing split the 204 acre parcel into four (4) parcels of approximately 4.70, 5.00, 5.15 and 189.15 acres in size. A site plan submitted with the application is enclosed. (see y505: Pflf ) • • III_ MAJOR ISSUES AND CONCERNS A. Subdivision Regulations, Section 8.52 of the Garfield County Subdivision Regulations state 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) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way ornatural 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; Documentation submitted with the application shows that the tract in question was recorded in the records of the Clerk and Recorders Office in June, 1963, in Book 351, Page 29. Based on the existence of the tract prior to January 1, 1973, the applicants qualify to make the requested exemption. B. Zoning. All of the exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. C. Legal Access Access is provided by CR 309, but there are no approved driveways to the property. Driveways should be approved by the Road and Bridge Department prior to the approval of a plat. D. Water and Sewer. The applicant is proposing to use an existing domestic wells for the source of water to the existing house and springs for the new lots. Copies of the application for change of water rights was included in the application for the exemption. It is noted that the applicants could obtain contracts from the West Divide to obtain exempt well permits, but none were included in the application. (See applications pgs. !,O No information has been submitted to demonstrate the quantity and quality of the water from the existing well or the proposed springs. The Board has required applicants to meet the following criteria for demonstrating the quality, quantity and dependability of a shared well/water system: 1) A well be drilled and a 4 hour pump test shall be performed; 2) 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; 3) 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; 4) 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; 5) An assumption of an average ofno 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, the provision for individual water storage tanks ofno less than 1000 gallons for each proposed lot (required at time of building permit application); • • 7) 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); 8) 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); 9) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. Enclosed is a letter from Sherry Caloia, representing Ova Gibbs who is submitting a Statement of Opposition to the proposed application for Change in Use by the applicants for the same water. (See letter pgs. Until this water case is resolved, there is no proof of a legal water source, thus the Board cannot make a finding that there is a legal source of water, in addition to the previously noted questions regarding the physical supply. Sewer is proposed to be individual sewage disposal systems (ISDS)for each of the new lots. The soils information included in the application, notes that the use of ISDS for sewage disposal has severe constraints due to slow percolation rates. Any approval should include a plat note stating that engineered ISDS is required for each lot E. Fi re Protection. The applicant has had the Grand Valley Fire Protection District review the application and the Assistant Fire Chief has stated that the parcels in question are within the District. The District has requested that all structures be separated from native trees by a distance of four times the height of the surrounding native trees or 100 feet. This should be a plat note.. (See letter pg. 3,) F. Easements. Any required easements (drainage, access, utilities, etc..) will be required to be shown with legal descriptions on the exemption plat. G. School Impact Fees School impact fees of $200.00 for each new lot created will need to be paid prior to the signing of an exemption plat.. H. Neighbors Comments Enclosed are letters from neighbors of the proposed exemptions. They have expressed a number of concerns about the use of ISDS due to soil constraints and concerns about their water supplies being depleted_ due to drawdown from the proposed water supplies. (See letter pgs3•4 _) IV_ SLIGGFSTED 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 not in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. • • V REC C)MMENDATION Staff cannot recommend approval of the proposed splits, given the lack of certainty regarding the legality of the source of water and the questions being raised by the neighbors regarding the physical supply to the proposed parcels and the impact to their wells due to draw down. Before the Board should consider any kind of approval, additional documentation needs to be submitted regarding the water supplies and the potential for contamination from ISDS from the proposed lots.