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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.20.2001• • February 20, 2001 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: SB -35 Exemption APPLICANT: Edward E. Smith LOCATION: A very remote piece of ground some nine miles south of New Castle along CR 313 SITE DATA: 927.0 acres WATER: Individual wells are proposed SEWER: ISDS ACCESS: County Road 313 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD and Open Space L RELATIONSHIP TO THE COMPREHENSIVE PLAN The proposal is located in Study Area II of the Comprehensive Plan. IL DESCRIPTION OF THE PROPOSAL a. Site Description: A hilly area nine miles south of New Castle and adjacent to CR 313. b. Project Proposal: Currently the Smith family owns approximately 927 acres in this area. In order to provide home sites for their children they would like to divide out three parcels, two-5acres in size and one 2.48 acres in size. c. History: This property, according to records submitted with the application file, has existed since 1942 when the Smith family (James D and Lillian B) purchased the property from Floyd D. Herbing (22 April 1942). On 16 July 1970 a description of the entire property shows this family owns 927 total acres. HL MAJOR ISSUES AND CONCERNS A. Subdivision Regulations: Section 8.52 of the Garfield County Subdivision Regulations states that, "No more than a total offour (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 Januaryl, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty-five acres in size at the time and 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), preventing the joint use of the proposed tracts, and the division occurs long the public right-of-way, 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 lot, parcel, interest or dwelling unit limitation otherwise applicable. For purposes of the definition, all tracts of land thirty-five acres or greater in size, created after January 1, 1973,will count as parcels of land created by exemption since January 1, 1973. 1 • • The applicant is trying to create three lots by exemption. The property is not part of a recorded subdivision and existed prior to the 1/01/73 deadline. B. Zoning: The property is zoned A/R/RD surrounded by Open Space. All of the lots proposed are at least 2.0 acres in size, which is the minimum lot size allowed in the A/R/RD zone district. Lots A and B are shown as being on the north side of the road, but unattached and created smaller areas of land separated by the road. This would create areas that would be physically separated from the majority of the rest of the property by the road. It makes more sense to create the two lots with a common property line and to expand the size of lot A to include the narrow section of land split off by the road, but not included in any lot. See the attached map to illustrate the suggested readjustment of the lots. C. Legal Access: Each lot will have adequate access from CR 313. However the applicant will have to contact Garfield County Road and Bridge for driveway permits. D. Water: The applicant has stated that they will be drilling individual wells to serve each of these lots. According to the information submitted with the file application there are three wells currently on the property and ditch water rights. Prior to signing an exemption plat, the applicant must drill the new wells or provide the following documentation on the existing wells: 1) That a four hour pump test be performed on the well to be used; 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 hour pump test indicating the pumping rate in gallons per minute and information showing down draw and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply 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) The water quality be tested by an approved laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 7) A water sharing agreement will be filed with the exemption plat that defines the right of the property owners to water from the well. Any wells located off the lot will be required to have an easement to the well for maintenance and repair purposes. The easement around the well must be a minimum of 20 ft. square and the width of the waterline easement must be a minimum of ten feet wide. Prior to approval of any plat, the well sites and easements will be shown. E. Sewer: All lots will have ISDS. There may be a need for engineered ISDS due to soils limitations, which needs to be noted as a plat note on the exemption plat. F. Soils and Geology: The primary soils type found on this property is Bucklon-Inchau loams. The Bucklon soils are shallow and well drained, however erosion danger can be severe where the slopes are steep. This same steepness can also limit community development. Though hard to tell based on the information submitted with the application, this area appears to be steep. Because of this, the following development standards set forth in Section 5.04, Supplementary Lot Area Regulations Development Limitation Based on Lot Slope, apply to this property: 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 2 • • building envelope may be approved by the Board (Board of County Commissioners) after a review of the following which shall be submitted by the applicant: (A) A soils 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 registered, professional engineer. (D) A detailed plan of retaining walls or cuts and fills in excess of five (5) feet. (E) A detailed re -vegetation 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 built within such building envelope area so as not to disturb any forty percent (40%) slope area. The following shall be conditions of any approval: (A) Foundations shall be designed by and bear the seal of a registered, professional engineer. (B) All final plans required to be submitted by a professional engineer shall be approved in their final form and bear the seal of such registered, professional engineer. It will be necessary for the applicant to demonstrate a preliminary plan that can meet these requirements. (C) For all lots: Driveways, access ways and access easements within the development and on the property of the developer shall have a maximum grade of fourteen percent (14%). G. State and Local Health Standards: Colorado Department of Public Health and Environmental ISDS standards require the County to issue an ISDS permit for all such systems installed in the County. H. Drainage: This parcel is located outside the floodplain and therefore has minimal susceptibility to flooding. I. Fire Protection: Burning Mountain Fire Protection District was contacted about this proposal and stated that they had no concerns or recommendations. J. Easements: Any required easement (drainage, access, utilities, waterline, well, etc.) will be required to be shown on the exemption plat. K. School Impact Fees: The applicant will be required to pay the appropriate school site acquisition fee for each newly created lot, prior to the approval of this exemption request. L. Neighbor Conunents: Shirley Sullivan, a mineral rights owner, has noted her objections to the proposed exemption, based upon possible conflicts with mineral rights. At a minimum, a plat note needs to be included on the plat, stating that the property in question does not own all of the mineral rights and a mineral rights owner has the right to access the property for the purpose of extracting mineral rights, subject to the appropriate local, state and federal regulations. IV. RECOMMENDATION Staff recommends Approval of this request for an Exemption from the Definition of Subdivision with the following conditions: 1. All representations by the applicant whether written or spoken shall be considered conditions of approval. 3 • • 2. All school site acquisition fees will be paid and a copy of the receipt made part of this file. 3. All road impacts fees will be paid and made part of this file. 4. Prior to signing of the Exemption Plat the applicant will show proof that they have applied to the proper agency for well permits or that a legal entity has been created to share the water from the existing wells on the property and the ditch water rights. All wells will meet the following criteria: 1) That a four hour pump test be performed on the well to be used; 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 hour pump test indicating the pumping rate in gallons per minute and information showing down draw and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply 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) The water quality be tested by an approved laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 7) A water sharing agreement will be filed with the exemption plat that defines the right of the property owners to water from the well. 5. Prior to approval of an exemption plat, the applicant shall demonstrate that there is a building envelope meeting the criteria identified in Section 5.04 of the zoning resolution. The building envelope will be determined by a surveyor and certified by the surveyor. 6. Parcels A and B will have a common boundary -line and Parcel A will be extended down CR 313 to the property -line, as shown on the exhibit attached to the staff report. 7. Since Parcels A & B will have a common boundary line a shared driveway is recommended. 8. Plat Notes: The following issues will need to be included in the covenants of the proposed subdivision: " One (1) dog shall be allowed for each residential unit within a subdivision; and the dog shall be required to be confined within the owner's property boundaries. The requirement shall be included in the protective covenant for the subdivision, with enforcement provisions allowing for the removal of a dog from the subdivision as a final remedy in worst cases. " " No open hearth, solid -fuel fireplaces are allowed anywhere within this subdivision exemption. One (1) new solid -fuel burning stove, as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, shall be allowed in any dwelling unit. All dwelling units shall be allowed an unrestricted number of natural gas burning stoves and appliances." " All exterior lighting shall be directed inward, towards the interior of the subdivision." "The property in question does not own all of the mineral rights and a mineral rights owner has the right to access the property for the purpose of extracting mineral rights, subject to the appropriate local, state and federal regulations." 4 400 S2go RECEIVED SEP 1 2 nap T N The SE '/ of the NE '/ of Section 21, the S Y2 of the NW '/ , the SW ' of the NE '/ and the SW '/ of Section 22, and the W V2 of the SW '/ of Section 26, and the N '/2 of the NW '/, and SE '/ of Section 27, and the W '/, of the NW '/ of Section 35, all in Township 7 South, Range 91 West of the 6th P.M. ?IV -T I Scale: One inch = 200 Feet • 1 DATE: January 9, 2001 TO: FROM: Mr. Greg Butler GARFIELD COUNTY PLANNING DEPARTMENT Glenwood Springs, Colorado Shirley L. Sullivan Alvin P. Byers 120 East Blue Spruce Court Highlands Ranch, Colorado 80126 303.791.0542 RE: SB -35 Exemption for 4000 County Road 313 New Castle, Colorado 81647 SUBMITTED BY: Edward E. Smith RESPONSE TO NOTICE BY THE GARFIELD COUNTY PLANNING DEPARTMENT Dear Mr. Butler or whom it may concern: This letter is it serve as our opposition / objection to the above mentioned SB -35 Exemption_ We are the owners of the mineral rights (1/6) for the property described in the notice as 'Section 21-7-91, et al', for which we pay taxes each year to Garfield County. The mineral rights are leased to ANTARA RESOURCES, for which we receive a small payment each year. The lease is #00507138-003 (Mann Creek Prospect). Our objections to this proposal are as follows: 1. Mr, Smith, nor anyone associated with him, has contacted us to discuss this proposal. 2. No one has contacted us to discuss how it affects our mineral rights for the property. 3. What is the future plan for this 'subdivision' of the property, and how will this affect our mineral rights, 4, Has Mr. Smith contacted Antara Resources and informed them on this plan and how it affects their lease. 5. A certified letter dated 12-28-00 from a Mr. Robert W. Ramsey, which whom we have no idea who he is, who he may be associated with, or why he sent us the notice, is the only contact we have received from any party in this matter. This is very disconcerting to us as to why such 'secrecy'. 6. Attempts to contact Mr. Smith or Mr. Ramsey, for whom we have no telephone numbers and only a Post Office box number, have been to no avail. 7. We have also been unable to contact Antara Resources to find out if they have been contacted and are aware of the proposal. These issues surnmarize our objection to the proposal, which we feel is totally unacceptable until some communication is established which will insure that our interests in the property are protected, which is our right. Sincerely, Shirley L. Sullivan Alvin P. Byers Ed l•1dTO:ET TMJ©E OT 'uef 6T8E02820 : 'ON Xbd S1d33NO3 : woad • • Greg Butler Modified: Tue 02/20/2001 12:21 PM Special Use Permits Exhibits Ex A Proof of Legal Notification Ex B Return Receipts Ex C Application & Attachments Ex ID Zoning Resolution of 1978, as amended Ex E Garfield County Subdivision Regulations of 1984 Ex F Project Information & Staff Comments