HomeMy WebLinkAbout2.0 BOCC Staff Report 09.02.1997• •
BOCC 9/2/97
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Charles Ryden
LOCATION: A tract of land located in portions of Sections
8, 16 and 17, T5S R91W of the 6th P.M.;
approximately four (4) miles northwest of
New Castle, off of CR 245.
4137
SITE DATA: e Acres
WATER: Well
SEWER: ISDS
ACCESS: CR 245
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in District C, Rural Area/ Minor Environmental
Constraints and District D, Rural Areas/ Moderate Environmental Constraints, as designated
by the 1981 Garfield County Comprehensive Plan Management Districts map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located in an area on the south side of the West Elk
Creek valley. The property slopes generally from the southwest to the northeast,
with CR 245 running along the northern portions of the property. The majority of
the property is in agricultural uses.
/ •
• •
B. Project Description: The parent tract of land to be subdivided consists of 810 acres,
and the proposal calls for creating a total of four (4) parcels of approximately 6.0,9.0,
10.0 and 785 acres. (See map pg! ?4, ) The three smaller parcels will share a
domestic well and utilize individual sewage disposal systems. Access will be
provided from of CR 245. The larger remaining tracts of land can served by
domestic wells for tracts of over 35 acres in size and ISDS, with access off of CR
245.
III. MAJOR ISSUES AND CONCERNS
A. Subdivision 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 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;"
The applicant's family has owned the property since May of 1951 and have not split
off any parcels by exemption since that time and therefore qualify for the requested
exemptions.
B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size for any
lot as required by the A/R/RD zone district. It appears from the County Assessors
records that the applicant actually owns two separate ranches and that the proposed
lots would actually come off of the smaller ranch of approximately 120 acres. This
would result in the 120 acre ranch being split into four parcels of 6.0, 9.0, 10.0 and
95 .0 acres in size. This would allow for possible requests from the larger ranch in
the future. Staff would suggest that the exemption plat reflect these splits, as
opposed to the previously noted larger lot being the fourth lot.
C. Legal Access: Legal access will be provided by a common access easement off of
CR 245. The access easement needs to be at least 25' in width, to meet the minimum
frontage on a public road required by the regulations for the proposed 9.0 acre lot.
It appears that the applicant will need to get a driveway permit from the Road and
Bridge Department, which needs to be verified prior to approval of an exemption
plat.
D. Water : The applicant is proposing the use of a shared domestic well to meet the
needs of the three smaller lots. While this well will meet the basic domestic water
needs for one dwelling on each lot, the A/R/RD zone district does allow for an
et a of
• •
accessory dwelling on any lot at least 4.0 acres and has a legal source of water for
two (2) dwellings. The proposed well, as it is presently permitted would not allow
property owners to request an accessory dwelling. There should be a well sharing
agreement to define each property owner's obligation and rights associated with the
common well. Additionally, the exemption plat needs to show an access and
maintenance easement around the well at least 20' x 20' and a 10' wide access and
maintenance easement to each property not having the well on the property. Prior
to the approval of an exemption plat, the applicant drills the well demonstrating the
following:
1) That a four (4) 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 (4) hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
4) 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;
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 testing laboratory and
meet State guidelines concerning bacteria and nitrates.
E. Sewer: The well permits will require the use of an ISD system that returns the water
to the water table. The Soil Conservation Service lists the soil comprising the most
of the tracts to be created by exemption as a shale, having severe constraints for
septic tank absorbsion fields due to slope, slow percolation rate and depth to
bedrock. The majority of the remaining soil is classified as a loam and is lower
down on the valley floor and has severe constraints for ISDS due to a slow
percolation rate. A plat note stating that an engineered ISDS may be necessary due
to possible slow percolation rate and that no individual sewage disposal system can
be built on slopes 30% grade or more.
F. State and Local Health Standards. No State or Local health standards are applicable
to the application, with the exception of Colorado Department of Health ISDS
regulations.
G. Drainage: The parcels to be created by exemption, in their natural state, are not
subject to any identified drainage or flooding problems, and no drainage easements
occur within the area of the parcels to be created.
H. Fire Protection: No letter or communication has been received from the New Castle
Fire Protection District. Prior to any approval of an exemption plat, a letter from the
fire district will be needed to meet the exemption approval criteria.
.,3
• •
Easements. The proposed access easement off of CR 245 needs to be at least 25 ft.
in width and shown on the plat, as noted previously. This and any required
easements (drainage, access, utilities, etc.) will be required to be shown on the
exemption plat.
J. School Site Acquisition Fees The applicant will be required to pay the $200.00 site
acquisition fee for each of the newly created lots, prior to the approval of the
exemption plat.
K. Natural Hazards. The SCS soils report also indicated that the soils have severe
constraints for dwellings with or without basements due to slope, shrink -swell, low
strength and depth to bedrock. A plat note stating that the soils on the property have
possible limitations for residential structures and that it is recommended that any site
be evaluated by a qualified engineering geologist prior to the submittal of a building
permit application.
L. The following standard conditions of approval should be included on the exemption
plat:
"One (1) dog will be allowed for each residential unit within a subdivision and the
dog shall be required to be confined within the owners property boundaries. The
requirement will be included in the protective covenants for the subdivision with
enforcement provisions allowing for the removal of a dog from the area as a final
remedy in worst cases."
"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. seq., 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."
"Each subdivision shall have covenants requiring that all exterior lighting be the
minimum amount necessary and that all exterior lighting 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."
IV. SUGGESTED 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.
..4/ •
• •
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, with the following conditions of approval:
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 lot, access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities. The
common access easement off of CR 245 must be at least 25 ft. in width.
Additionally, the exemption plat needs to show an access and maintenance easement
around the well at least 20' x 20' and a 10' wide access and maintenance easement to
each property not having the well on the property
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 $600.00 in School Site Acquisition Fees for the
creation of three (3) new exemption parcels.
5. That the following plat note shall appear on the Final Exemption Plat:
1. "Soil conditions on the site may require engineered septic systems and that no
individual sewage disposal system cannot be built on slopes 30% grade or higher."
2. "Control of noxious weeds is the responsibility of the property owner."
3. "Soils on the properties identified have possible geologic constraints that may
require an engineered foundation design. It is recommended that prior to submittal
of a building permit, a qualified engineering geologist evaluate the proposed building
site and provide a design for a foundation."
4. "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."
s
• •
5. "One (1) dog will be allowed for each residential unit within a subdivision and the
dog shall be required to be confined within the owners property boundaries. The
requirement will be included in the protective covenants for the subdivision with
enforcement provisions allowing for the removal of a dog from the area as a final
remedy in worst cases."
6. "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.
seq., 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."
7. "Each subdivision shall have covenants requiring that all exterior lighting be the
minimum amount necessary and that all exterior lighting 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."
royal is b'ect to ew Castle ' e Protec ' 1 Distric tating that
ip ent c.+ . ccess an rotect the p erty.
7. Prior to the approval of an exemption plat, the applicant drill a well demonstrating
the following:
1) That a four (4) 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 (4) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge;
4) 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;
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 testing laboratory and meet State
guidelines concerning bacteria and nitrates.
7) A well sharing agreement to define each property owner's obligation and
rights associated with the common well, which includes language defining
each property owner only having a right to a single dwelling on each property
as the well is presently permitted.
I
•
•
SE1
SCALE
17 I
1 INCH 300 FT.
SE
SEC 18
755. MP 1W
..--•:, ___4.
- II I \ \----n , \ Q:A((:.'izt'").•
'.-:----------5-
'-'.'t 1
-,- --(
,.. 9.
• -.,
(2,(;:// --- -1 .---
•,!, .. I \
' ,
..,.. ---F,,,, -)
if(,(„( -7,
\),,5 \
_-:„.-.----,
6400 • „:,.‘,..
•\-\ .. '.k.1 ,.., '',.'
sd.,
\-. : .- --....."'----:-----::-.- -.N
4"....k.,----_-\,,,,,:.,..
C",77)----- • ---..,-. • --------i------:-4.03'.*,q
e