HomeMy WebLinkAbout4.0 BOCC Memo 10.03.2001iCAftM V1G211 — b .t& �
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MemorandumLa-J(3 6.0A-- s No2J, L'A-
Takka,
To: Board of County Commissioners
CC: The Schluters �n '
From: Kit Lyon, Senior Current Planner ,' (j ��� -(.&a? 1 v
Date: 10/03/01 _ _
Re: Dangling Rope Exemption
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The purpose of this letter is to update you on the current status of the Dangling Rope
oA,Rxtension which was conditionally approved on 9/18/00, and to present to you thec(yt#-4 I 5
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applicants third request for a time extension. The attached letter from staff to the Ce "- , 5
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applicant, dated 9/27/01, outlines the steps necessary to complete the exemption !. ,�•�,�
process (see page 4- 7 — ). This memo discusses the issues in more detail, and `
includes relevant sections from the regulations. Okit
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Access:
The project site lies between County Roads 309 and 320. The original application
proposed access from County Road 309, but the necessary legal rights for this access
did not exist. The application was then amended to propose access to County Road
320, from which a new road would be installed. The conditions placed on the
approval of the application allowed the applicant to either obtain the legal rights to
get to CR309, or to obtain the legal rights to get to CR320 and to install an adequate
road to CR320 (see condition #7). To date, the applicant has neither obtained an n,6r
adequate easement to CR309 or CR320, nor has an adequate road to 320 been 4{ i.
installed. Section 8:52 (C) of the Subdivision Regulations states the following: (9 5
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The Board shall not grant an exemption unless all lots created will have legal access orszt5
to a public right-of=way and any necessary access easements have been obtained or
are in the process of being obtained i (!61�
Section 8:52 (F) of the Subdivision Regulations states the following:
The Board shall not grant an exemption unless provision has been made for any
required road or storm drainage improvements.
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uk Fire Protection: liAWr'' ‘)f 3.
To date, the application lacks evidence that the fire protection pond has been properly
z. ACS2'A-D,),Q4k installed and sealed, and that the dry hydrant has been properly installed. Apparently,
Vk the applicant had been working with the fire district to meet some additional/amended
recommendations which were made after the approval of the exemption by the Board
G+ L,of County Commissioners. It has been explained to the applicant that the original
Jti conditions of approval must be met regardless of subsequent comments from the Fire
District, or the applicant must apply for an amendment to the original exemption
(x application approval.
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The original application contained a statement from the applicant that the pond would
v \ c` p be filled with irrigation water and runoff, and a statement from the Fire District that
the applicant held a number one right in the irrigation system and that the system
j0-111-'11/41uflowed year round. The application lacked proof of the necessary legal water rights
`'' to fill the pond for fire protection purposes. Staff is in receipt of a letter from Elaine
n ( -� Johnson (who formerly owned the property) which questi ns whether a year roundet 'qi4c'''
water source to fill the pond actually exists (see page
). Based on a telephone
conversation with the Division of Water Resources y, today, it appears that the
,ezapplicant does not have the necessary legal water rights to fill the pond. Without the
legal rights, the pond may not be filled, which in turn means that the conditions
pertaining to fire protection can not be met.
Section 8:52 (G) of the Subdivision Regulations states the following:
The Board shall not grant an exemption unless fire protection has been approved by
the appropriate fire district and impact fees are paid...
Domestic Water:
To date, the application lacks a legal well sharing agreement and lacks the
necessary water quality test for bacteria, nitrates, and suspended solids.
According to results of the pump test, domestic water storage will be necessary.
Evidence that said storage has been installed must be submitted prior to any final
approval of the exemption. i�,ppou
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Secti:52
(D) of the Subdivision Regulations states the following....--XL/a_;f-i.t-d)
The Board shall not grant an exemption unless provision has been made for ,istAziki ,'-hAAAj__._
adequate source of water in terms of both the legal and physical quality, quantity, kza
and dependability, and a suitable type of sewage disposal to serve each lot0 v l �~
proposed
Other Issues:
Staff has received numerous phone calls and visits from various parties interested
in this application. Apparently, the Arnetts have invested time and money in
installation of a road to CR320, with hopes to buy the new 8 acre exemption lot.
Elaine Johnson, who formerly owned the property, has raised questions about the
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adequacy of the well pump test, and has concerns that the pond for fire protection
does not have a year round source of water. The Schluters have stated that if they
are unable to finalize the exemption and sell the new 8 acre lot, they are in danger
of losing the entire property due to financial difficulties.
Time Extension:
The application was conditionally approved on 9/18/00, with a deadline to
complete the conditions by 1/16/01 (see condition #3). The first request for a
time extension until 5/16/01 was granted. The second request for a time extension
until 9/18/01was granted with the understanding that it has been the Board of
County Commissioners policy not to grant extensions beyond one year (see
memo, page / ). A third request for a time extension was received on
9/12/01, prior to expiration of the approvat No specific length of time extension
was requested.
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Action Required:
The Board of County Commissioners must decide whether to:
1. Find that mitigating circumstances have necessitated a time extension be
granted to the applicant regardless of the policy to deny extensions beyond a
year;
2. Or, find that the applicant was informed of the policy to deny time extension
beyond one year, and thus deny the request for a time extension and allow the
conditional approval to expire;
Or, find that the representations made by the applicant and in the application
were in error, and that the applicant can not meet the conditions of approval
concerning fire protection and access, and thus allow the approval to expire.
Based on the information presented in this report, and #3 above, Staff
recommends the Board of County Commissioners allow the approval to
expire.
• •
GARFIELD COUNTY
Building and Planning Department
September 27, 2001
Mr. and Mrs. Schluter
C/o Lawrence M. Mincer, P.C.
P.O. Box 850
Glenwood Springs, CO 81602
Re: Dangling Rope Subdivision Exemption
Dear Larry:
The mailing address I have for the Schluters appears to no longer be operational (P.O. Box 1237,
Rifle), so I would appreciate you forwarding this letter to them. I am in receipt of your letter
dated 9/17/01 along with a copy of Syracuse Drilling Co.'s letter of 8/20/01 concerning the
physical water supply. I am also in receipt of your letter dated 9/12/01 in which you explain the
current status of the Dangling Rope Exemption, and in which you request an extension of time to
meet the conditions of approval. I would agree that there appear to be three (3) primary areas of
concern which need attending to: legal and physical access, meeting fire district requirements,
and proof of an adequate physical supply of water. The Board of County Commissioners
approved the exemption with 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 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, 25 ft. wide 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 (until 1/16/01) to present a plat to the Commissioners
for signature from the date of approval of the exemption;
4. That the applicant shall submit the applicable School Site Acquisition Fees for the creation
of the exemption parcels prior to approval of the exemption plat;
5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
6. That the applicant will obtain, and will provide evidence to staff, the necessary access
easement to the property prior to finalization of the exemption plat. A legal road sharing
agreement, which discusses all costs associated with the maintenance of the road, who will
Phone: 945-8212 / Fax: 384-5004109 8th Street, Suite 303 Glenwood Springs, CO 81601
be responsible for paying these costs, and how assessments will be made for these costs, will
be filed with the exemption plat;
7. Prior to the approval of an exemption plat, the applicant shall provide to staff and the Board
of County Commissioners proof of legal access in the form of an executed access easement
to County Road 309. The access shall meet NFPA 299 Wildfire Protection Standards. If the
proposed access changes from the access discussed in the application (County Road 309) to
County Road 320, the Grand Valley Fire Protection District must review and approve of the
access to County Road 320, prior to finalization of the exemption plat.
8. Prior to the approval of an exemption plat, the applicant shall provide proof of legal and
adequate source of domestic water for each lot created and will demonstrate that the water
supply will meet the following:
a) That a four (4) hour pump test be performed on the well to be used;
b) A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c) The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d) A written opinion of the person conducting the well test that this well should be adequate
to supply water to the number of proposed lots;
e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f) If the well is to be shared, 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 these costs will
be filed with the exemption plat;
g) The water quality be tested by an approved testing laboratory and meet State guidelines
concerning bacteria, nitrates and suspended solids;
9. That the following plat notes shall appear on the Final Exemption Plat:
"One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owners property boundaries."
"No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One
(1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations
promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be
allowed an unrestricted number of natural gas burning stoves and appliances".
"All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property boundaries".
Phone: 945-8212 / Fax: 384-5004109 8th Street, Suite 303 Glenwood Springs, CO 81601
5
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"No further divisions by exemption from the rules of Subdivision will be allowed."
"Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells of
Garfield County's agricultural operations as a normal and necessary aspect of living in a
County with a strong rural character and a healthy ranching sector. All must be prepared to
encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one
or more of which may naturally occur as a part of a legal and non -negligent agricultural
operations."
"All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property. Residents and landowners
are encouraged to learn about these rights and responsibilities and act as good neighbors and
citizens of the County. A good introductory source for such information is "A Guide to
Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension
Office in Garfield County."
10. The fire protection pond must be sealed with bentonite and be demonstrated to hold water,
and the dry hydrant shall be installed, prior to signing of the final plat.
Conditions which must still be resolved prior to finalization of the plat are discussed below:
#2: It is my understanding that the Schluters propose to access the new exemption lot from
County Road 320. They must obtain an adequate easement at least 25' in width according
to condition #2. Please show all existing and proposed easements on the plat. The draft plat
which has been submitted to this office has not yet been reviewed by the County Surveyor.
Other issues may arise.
#3: The application was conditionally approved on 9/18/00, with a deadline to complete the
conditions by 1/16/01. The first request for a time extension until 5/16/01 was approved.
The second request for a time extension until 9/18/01 was approved. A third request for a
time extension was received on 9/12/01, prior to expiration of the approval, and will be
presented to the Board of County Commissioners at the first opportunity. No specific length
of time extension was requested. The Board of County Commissioners has the authority to
either grant or deny the request.
#4: The school site acquisition fees must be paid to the Garfield County Treasurer.
#6 Again, evidence of an adequate access easement must be furnished to this department. Also,
a legal road sharing agreement must be provided.
#7 The GVFPD must review and approve of the access to County Road 320. Their letter of
Phone: 945-8212 / Fax: 384-5004109 8th Street, Suite 303 Glenwood Springs, CO 81601
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8/10/01 requests further improvement to the access road (pull-outs, all weather surface
requirement).
#8 The application lacks a legal well sharing agreement or a water quality test. Also, proof that
the required water storage has been installed must be submitted.
#9 Several required plat notes are still missing on the plat.
#10 The application lacks evidence that the pond has been installed and properly sealed, and
lacks evidence that the dry hydrant has been installed.
The Board of County Commissioners will hold a public meeting regarding the status of the
application, and regarding the request for a time extension, on Monday, October 8, 2001, at 1:15
p.m. Please do not hesitate to contact me in the event you have any questions.
Sincerely,
Kit Lyon,
Senior Planner
Cc: David Blair, GVFPD
Mr. and Mrs. Schluter
Phone: 945-8212 / Fax: 384-5004109 8th Street, Suite 303 Glenwood Springs, CO 81601
ELAINE M. iOIINSON
CEIVE13 AUG 1 6 21101
P.O. BOX 1945
GRAND JUNCTION, CO 81502
Phone 970-858-9876
August 15, 2001
Grand Valley Protection District
1777 E. Battlement Parkway
Parachute, Co 81635
Dear David Blair
RECEIVED
,tit 7 2001
October 25, 2000 you wrote a letter to the Garfield County Building & Planning Dept. ( Copy
enclosed)
in this letter you stated that the water system flows year around.
This water is irrigation water. seasonal water. April first thru October first.
To verify this you may contact Mr. Harry Hasty 6565 - CR 309 Parachute, CO phone #
625-0345 also Mr. Blane Colton 6565-B CR 309 Parachute, CO Phone # 685-5740 These
two men share in the same irrigation pipe line, also they know the conditions and history of this
water line and the months that water is available, and not available..
cc: copy to
Harry Hasty
Blane Colton
Kit Lyon
8
Garfield County
Building & Planning
Department
Memo
To: Board of County Commissioners
From: Kit Lyon, Planning Department
CC: Kent & Carol Schluter
Date: 10/03/01
Re: Extension for Dangling Rope exemption
The Planning Department is in receipt of a request for an extension of 120 days to
complete the conditions of approval of the Dangling Rope Exemption. The
exemption was conditionally approved at a public meeting on Septemeber 18, 2000.
The Schluters were granted a first extension from 1/16/01 to 5/16/01. Staff
recommends that the Schluters be granted a second extension until 9/18/01, with the
understanding that is has been the Board's policy not to grant extensions beyond one
year.
• Page 1
LAWRENCE M. MINCER • SEP ��
ATTORNEY AT LAW RECEIVE
September 12, 2001
Kit Lyon
Senior Planner
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Re: Dangling Rope, Inc. Subdivision Exemption
Dear Kit:
4I811 Colorado Avenue
Post Office Box 850
Glenwood Springs, Colorado 81602
(970) 945-5448
Fax (970) 945-5475
Kent Schluter has requested that I write you concerning the above referenced
application. I have reviewed the subdivision exemption resolution, the preliminary
exemption plat and discussed these matters with you recently by phone.
It appears that Dangling Rope has met all of the requirements for the
exemption except for the following:
1. Providing legal access to the property.
2. Completion of the requirements of the fire protection district.
3. Clarification of any storage requirements for the domestic water.
The access problems are the result of errors in the easement deeds from Elaine
Johnson to Dangling Rope. We have made several requests of Ms. Johnson to correct
these problems hut she has b8en very incooiperative. It is our and rstanding that she
has also contacted your office objecting to this exemption for various reasons which
she had not explained to us. We have made a formal demand upon her to correct
these problems and expect a response shortly.
Mr. Schluter has, at considerable expense, completed construction of the road.
The location and width are satisfactory to the Grand Valley Fire Protection District,
and addition work as been done since its August 10th letter. We have arranged to
have the plat completed to show the final location, but need the proper easements
from Ms. Johnson.
tO
Kit Lyon
September 12, 2001
Page 2
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As you know, Mr. Schluter has been further frustrated by the changes to the
fire protection requirements requested by representatives of the fire protection
district. In the letter dated August 10, 2001 from Chief Blair to you, he limits the
options to (1) a separate local supply for each residence, or (2) a pressurized supply for
all residences. He strongly recommends a fire protection sprinkler systems for both
residences, but it is not clear how this would affect the other two options. When we
discussed this by phone, you said the County would not change the requirement in
the original resolution to seal the existing pond. As soon as the easements are
received, Mr. Schluter will seal the pond, unless you tell us to do otherwise.
Mr. Schluter is checking with Syracuse Drilling on any pump and storage
requirements for the well. We expect clarification of this in the next week.
Because of these problems, it appears we will not be able to make the
September 18, 2001 expiration date of the current permit. We would therefore ask
that you consider this a request for additional time to complete the remaining
requirements and present this to the County Commissioners. Both Mr. Schluter and
I are willing to be present when the matter is before the Commissioners, and we will
of course meet with you to discuss the matter further if you desire.
LMM/dv
cc: Don DeFord
Kent Schluter
Yours very truly,
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24.3 400.11'
7271.99'
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o wida ales.. easement
'Dad in Book 1151 at
Page 248. N
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30 9 1/4 " alum oap 51.ea1�
on 'pipe stamped LS #9009
3
71040
NE 1/4 NW 1/4
Lot 10
(SE 1/4 SE 1/4)
Found 5/8 dice. mbar with
2"dia. alum lap stamped
"6 1/18 S953,0 1997 LS 9009
569at'642
5e1,'.fg'
'39T
SCALE
1j'
1266.08
NW 1/4 NE 1/4
25' wide ao ement
de.oribed hereon.tw
Found 5/8 dice rerun. udth
Y dia. alum oap stamped
"NS 1/18 S31, 1997, LS 9009-
0709.36''
330.06'
1205.09'
30 d 2
31 "3
Found BLN Alum Cap
NE 1/4 NE 1/4
W3Wa Mdyl .
to
Parcel #1
8.00 acres
d
SB/4Y' Y
N8F42a6'
p➢!�670.09'
eJ vryeNe�n atMA
rm.,'.a roan..
irrigation ditoh
structure
tructure
Graveled m roadway
to County 909
Lt.
County Road #320
EAST ---899.98'
Crayslsd roadw4—
G
EAST 1234.83'
e access easement described in Bock 1154 at Page 900
S 1 SW 1/4
719.40'
3
SW 1/ SE 1/4
0' /wide access easement
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e orlbed in Book 1151 at t°
Page 248.
0 3 1/4 " alum, cap
on 2"pi�o_� e stQtinaoed LS #9009
Found 3/8 dia
rebar w//plastic oap
stamped 110388 bearing
58041 'oe- 186.60
1
NE 1/4 NW 1/4
SCALE
S0.944'36'E
51.83'
WEST
1286.08'
NW 1/4 NE 1/4 C25' wide access easement
C'
hereon.
Found 5/8 dia, rebar with
2" dia, alum, cap stamped
"NE 1/16 S31, 1997, LS 9009"
Lot 10
(SE 1/4 SE 1/4)
Found 5/8 dicn.. rebar with
2"dia. atum. slap stamped
"E 1/16 S30 1997 LS 9009
S31
S89'32'54'E
1285.09'
01'09'38" W
220.06'
5061 Df'1.E
3/
Found BLM Alum.Cap
NJE 1/4 NE 1/4
Sind is fam{{4y residence
w/ Ettore cid garage.
N8942'36' I
870.89'
ti�pro�
i'ripation ditoti
Graveled aooess roadway
to County Road #309
Parcel #1
8.00 acres
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to �
at
'A S8942' 6'E
4
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Irrigation ditch
diversion structure
29
34
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