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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.18.1995BOCC 12/18/95 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: F. Peter Simmons LOCATION: A tract of land situated in Section 24, T5 S, R9OW of the 6th P.M.; located approximately two (2) miles north of Interstate 70 in Canyon Creek. SITE DATA: 38.5 Acres WATER: Individual wells SEWER: Individual Sewage Disposal Systems ACCESS: Access from CR 137; easement to Parcel A EXISTING ZONING: A/R/RD ADJACENT ZONING: O/S - East, West A/R/RD - North, South I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The proposed subdivision lies within District D - Rural Areas/Moderate Environmental Constraints as designated by the Garfield County Comprehensive Plan's Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The 38.5 acre tract encompasses the confluences of East Canyon Creek, Canyon Creek and Bearwallow Creek and is bounded on the eastern and western sides by Bureau of Land Management property. Canyon Creek Road (CR 137) transects the western third of the tract, more or less. Elevation varies across the tract, with elevations on the western boundary at approximately 6360 feet, which slope down to an estimated 5920 in the streambed of Canyon Creek (a slope of 22%), and then rises back to an elevation of approximately 6200 feet, on the eastern boundary of the property, an average slope of 47%. The vegetation on the tract varies from deciduous trees and shrubs in the streambeds to grasses and sage in and around the pastures. Pinion and juniper dominate the steeper slopes. B. Adjacent Land Uses: Land uses in the area consist of single family dwellings occupying small to large acreage lots, horse farms and a nearby guest ranch. The BLM owns sizeable tracts of land that bra ket the applicant's property on the west and east sides. See vicinity maps, page ..1 . C. Description of the Proposal: The applicant proposes to divide, by exemption, the 38.5 acre tract into three (3) parcels of 13.9, 9.67 and 14.95 acres each in size, more or less. The applicant is requesting the exemption split based on the criteria of Section 8:52 of the County's Subdivision Regulations, whereby a county road, County Road 137, and a natural feature, Canyon Creek, divide the property and prevent joint use. Parcel A, at 13.9 acres, would be reserved to the Simmons Family Trust for fishing and overnight camping; Parcel B, at 9.67 acres, and Parcel C, at 14.95 acres, would eventually by sold resumably for development of single family homesites. See sketch map, page III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8:10 (Applicability) of the Garfield County Subdivision regulations gives the Board "discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application, in light of the requirements of the regulations, the Board may approve, conditionally approve or deny an exemption request." 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) 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;" A deed submitted with the application indicates the petitioner purchased the property in March, 1994 (Book 895, Page 534) and apparently does not qualify for the "regular" exemption criteria as, it appe , it is a parcel created from a larger parcel after January 1, 1973. See deed, pages 7- . Therefore, as stated earlier, the applicant requests the division on the rot,fn�s that the presence of CR 137 and PP q g Canyon Creek preclude joint use of the proposed tracts. Split By A Public Right -Of -Way: County Road 137 effectively divides Parcels B and C and creates a boundary for the entire length of the proposed lots. Split By A Natural Feature: Canyon Creek flows generally north -south through the applicant's property and does create a logical split, effectively separating Parcel A from Parcel B. The use of the "public right-of-way" and "natural feature" criteria as a basis for approving an exemption is a discretionary authority of the Board, which should be used as a basis for approval for the split of property that would not require more in- depth analysis through the full subdivision process. In this application, staff can support the use of the "public right-of-way" criteria for the split created by the County Road. It is staffs opinion that the "natural feature" criteria is a criteria that should be used with a great deal of discretion, since many of the issues that are dealt with in the full subdivision review process are not reviewed in the same depth in the exemption review. These issues include detailed geologic analysis, drainage assessments, individual sewage disposal system compatibility and road access and development. More specifically, staff feels that the use of the "natural feature" criteria can result in the misuse of the exemption process in the review of projects that are more appropriately reviewed through the full subdivision process. Additionally, staff cannot recommend the creation of Parcel A due to the following logic. If Parcel A is ever to be used, then it will be necessary to provide adequate access to said Parcel. It would appear the most effective means of providing access would be an easement across Parcel B and a bridge spanning Canyon Creek. Given that the applicant intends to retain and use this Parcel (if created), then the applicant will still be required to provide legal access to it, in order to protect the right of ingress and egress. Staff knows of no reason why the applicant could do this later, but cannot provide the access now, prior to the creation of the Parcel. Therefore, upon the creation of this [assumed] bridge, "joint use" becomes inherent and the "natural feature" restraint preventing "joint use" has been overcome, negating the justification for this split by exemption. B. Zoning: The subject tract lies within the A/R/RD zone district, which mandates a minimum lot size of two (2) acres. All proposed lots are in excess of this minimum requirement. C. Water: The applicant is proposing individual, household use only wells for the three (3) parcels that would be created, and s applied for the necessary permits. See well permit applications, pages ,tom/ It has been the opinion of the State Engineer that, if the County approves an exemption, then the State Engineer will issue well permits for the parcels created by exemption. This puts the County in the position of determining injury to water rights, a position in which the County should not have jurisdiction as the County does not have adequate expertise in this matter. Staff assumes these permits will be denied by the State Engineer's Office as only one (1) exempt well could be allowed on the parent tract of 38.5 acres. Therefore, it is staffs understanding that the State would issue one (1) domestic well permit for the entire tract, which could be shared among the parcels to be created. If this is to be a shared well, the applicant must first receive the permit from the State Engineer and then must develop a legal water sharing agreement. This agreement must include a 20 foot radial easement around the wellhead and 10 foot line easements along either side of the centerline of the water supply line. These easements will be required to be legally described and shwon on an exemption plat. Additionally, an exemption plat shall not be signed until, either a well permit has been issued by the State Engineer or a water augmentation plan is in place. Furthermore, the applicant will be required to submit documentation proving an adequate, physical supply of domestic water either by : (1) having a 24 hour pump test performed by a licensed well driller, on the well that has been drilled; or (2) having a professional engineer, registered in the State of Colorado, and a qualified hydrologist establish a water supply plan for the proposed, exempt parcels. Since it is assumed this would be a shared well, the applicant will also be required to submit information attesting to the quality of the water from said well. D. Sewer: The applicant proposes the use of individual sewage disposal systems for the lots to be created. According to the Soil Conservation Service, soils on-site vary considerably but are considered to have moderate to severe constraints to building site development and use of ISDS. Staff recommends a plat note be included to address these limitations. E. Access: As discussed earlier, CR 137 transects the western third of the property and could provide direct access to Parcels B and C. Access to Parcel A would require an easement across Parcel B and, it appears, a bridge spanning Canyon Creek would also be necessary. Staff recommends that all necessary easements be developed and recorded prior to the signing of an exemption plat. Furthermore, approval from Road and Bridge will be necessary for the siting of any [new] driveways. F. Fire Protection: The applicant has addressed this matter by suggesting that additional fire protection will be achieved through the use of covenants on the deeds to future buyers. It appears the applicant has also discussed additional fire protection measures wit he Glenwood Springs Department of Emergency Services (see letter page . Staffrecommends the applicant follow all requirements suggested by said e s artment now and in the future, especially if Parcel A is developed. Furthermore, a plat note should be included to address wildfire mitigation. 3 4... ..., G. School Impact Fees: The applicant will be required to pay the $200 school impact fee, for each lot created, prior to final approval of the final plat. H. Easements: Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. IV. SUGGESTED FINDINGS 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 two (2) lots using the County Road as the boundary between the two (2) lots, subject to the following 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. 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. 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. 4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of all exemption parcels. 5. That, if the lots are to have individual wells, the applicant receive an approved well permit from the State Engineer's Office, for each lot to be created, prior to the signing of an exemption plat or, if the water supply is to be shared, then the applicant shall receive an approved, domestic well permit from the State Engineer's Office and shall draft a legal water sharing agreement, prior to the signing of an exemption plat. Additionally, if the shared well is used, the exemption plat shall legally describe a 20 foot radial access/repair/maintenance easement around the wellhaead and a 10 foot easement along the centerline of the water well supply line. 6. 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. Additionally, excavation permits from County Road and Bridge, shall be necessary if the water supply line for the shared well system will necessitate the disturbance of a County Road. 7. That the following plat notes be included: "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." aligh "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the 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." 8. The control of noxious weeds shall be the responsibility of the landowner. 9. That the applicant shall adhere to the recommendations made by the Glenwood Springs Department of Emergency Services. 10. 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