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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.12.2005Exhibits for Public Hearing held on September 12, 2005 — BOCC Strang Exemption — Mike and Kit Strang A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Staff Report dated 9-12-05 G Application for the Strang Exemption H Letter dated 6-7-05 From Carbondale and Rural Fire Protection District 1 • • PROJECT INFORMATION AND STAFF COMMENTS REQUEST OWNER REPRESENTATIVE LOCATION SITE DATA WATER SEWER ACCESS EXISTING ZONING ADJACENT ZONING BOCC 9-12-05 RW Exemption from the Definition of Subdivision Mike and Kit Strang Lathrup Strang 393 102 Road, Carbondale, CO Missouri Heights — NE Corner of CR 100&102 453.5 acre parcel (approximately) Individual Wells Permits: 24581-F and 111918 Individual Sewage Disposal System CR 102 ARRD — Agricultural Residential Rural Density ARRD — Agricultural Residential Rural Density 1. DESCRIPTION OF THE PROPOSAL The Site: The subject property of this Exemption is the Strang Ranch. The ranch is in the Missouri Heights area located NE of Carbondale, at the intersection of CR 100 and 102. South of the ranch is the Sun Mesa Subdivision. Northeast is the Panorama Ranches Subdivision. The Proposal: The applicant is requesting to divide 453.5 acres into two lots. The division will create a 2.8 acre parcel and a 450.7 acre parcel. The 2.8 acre parcel will include the cabin where Lathrup Strang and family live. Lathrup is proposing an addition to the cabin. By having the cabin on a separate parcel of land, Lathrup will be able to apply for a building permit. 2. REFERRAL COMMENTS A letter dated June 7, 2005 from Carbondale & Rural Fire Protection District was submitted with the application. This letter states the subject Exemption is in the District's boundary. The District will serve water carried on trucks containing approximately 9,000 gallons. Response -1- • • will come from Station 5, located approximately 0.5 mile from the Strang property. Additional fire response will come from Stationl, located in Carbondale. (Exhibit H) 3. §8:40 SUBMITTAL MAPS AND SUPPLEMENTAL INFORMATION §8:42 of the 1984 Subdivision Regulations, as amended The following supplemental information regarding the proposed exemption shall be filed with the application: A. Copy of the deed showing ownership in the applicant, or a letter from the property owner(s), if other than the applicant. STAFF COMMENT: A deed dated March 1965 showing Michael and Katherine Strang as the owners of the 453.5 acre parcel was submitted with the application B. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200) of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion. STAFF COMMENT: Submitted with the application C. Evidence of the soil types and characteristics of each type. STAFF COMMENT: Most of the identified soil types are well suited to homes sites, agricultural uses, and irrigated pastures. Only two soil types were identified to be poorly suited to home site development (Morval-Tridell Complex and Showalter-Morval Complex). The applicant will need to be aware of these soil types prior to applying for a building permit. It would appear the soil types the cabin is placed on would allow for construction of the proposed addition. D. Proof of legal and adequate source of domestic water for each lot created. Proof of a legal supply shall be an approved substitute water supply plan contract or augmentation plan, an approved well permit or legally adjudicated domestic water source. Proof of physical supply for the public meeting may be documentation from the Division of Water Resources that demonstrates that there are wells within 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies shall demonstrate 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; -2- • • 5. An assumption of an average of no 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, a legal, well sharing declaration 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; 7. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. STAFF COMMENT: The applicant has submitted two well permits. The wells permits are as follows: 24851-F (Strange Well #3) and 111918 (Strange Well #2). There were no pump tests or water quality analysis submitted with the application. The applicant has shown a legal source of water but has not shown adequacy. An acceptable pump test showing conformance to the County's standards and a water quality analysis for each well shall be submitted prior recording of the plat. E. Method of sewage disposal and letter of approval of fire protection plan from appropriate fire district. STAFF COMMENT: The applicant is proposing individual sewage disposal systems for each of the proposed lots. A letter from the Carbondale and Rural Fire Protection District has been submitted with this application showing the ability to provide fire protection. F. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness and ability to serve. STAFF COMMENT: There will be no community or municipal water or sewer system. G. Narrative explaining why exemption is being requested STAFF COMMENT: This Exemption is being requested to create a separate lot for Lathrup and family to add an addition to their cabin. H. It shall be demonstrated that the parcel existed, as described on January 1, 1973, or the parcel, as it exists presently, is one (1) of not more than three (3) parcels created from a larger parcel, as it existed on January 1, 1973. STAFF COMMENT: Deed dated March 1965 shows Michael and Katherine Strange as the owners of this 453.5 acre parcel. The parcel has not been subdivided into separate lots after 1973 and is eligible for Exemption. I. School fees, taxes and special assessments have been paid (The school impact fee is $200.00 for each lot created). -3- • • STAFF COMMENT: Applicant shall pay the appropriate fee for the 2.8 acre lot prior to issuance recording of the plat. 4. §8:50 REVIEW CRITERIA §8:51 An application for exemption must satisfy, at a minimum, all of the review criteria listed in Section 8:52. Compliance with the review criteria, however, does not ensure exemption. The Board may also consider the additional factors listed in Section 8:60, and the applicability standard of Section 8:10, to determine whether the exemption, in the Board's discretion, shall be approved or denied. §8:52 The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: A. 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 January 1, 1973. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and not 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 joint use of the proposed tracts and the division occurs along 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 (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of definition, all tract of land thirty five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973. STAFF COMMENT: See previous deed comment. This standard is met. B. All Garfield County zoning requirements will be met. STAFF COMMENT: The applicant is proposing lot sizes that conform to the underlying zone district. The applicant shall meet all other county requirements prior recording of the plat. This standard is met C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained. STAFF COMMENT: No new access is being proposed. An existing private drive on the Strang property will be used for ingress and egress to CR 102. This Exemption will not create or require any additional access to a public road. This standard is met. -4- ! • D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. STAFF COMMENT: The applicant has demonstrated adequate legal water supply by submittal of well permits. Physical quality, quantity, and dependency have not been proven. The applicant shall submit a pump test showing conformance to County standards and water quality analysis for each of the wells prior to recording of the plat. As stated earlier, the applicant is proposing ISDS for the created lots. This standard is not met. E. All state and local environmental health and safety requirements have been met or are in the process of being met. STAFF COMMENT: The applicant shall be aware of, and meet all environmental health and safety standards prior to recording of the plat. This standard is met. F. Provision has been made for any required road or storm drainage improvements. STAFF COMMENT: No new improvements are proposed. During the building permit application process, staff will have an opportunity to review any proposed provisions. This standard is met. G. Fire protection has been approved by the appropriate fire district and impact fees are paid, based on a study of the fiscal impact on the district by new subdivision development, approved by the Board of County Commissioners and Planning Commission. STAFF COMMENT: See previous comments concerning the Carbondale and Rural Fire Protection District letter. This standard is met. H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. STAFF COMMENT: The applicant shall prepare a well access and sharing agreement. All well easements, as well as any other applicable easements, shall be shown on the plat prior recording. This standard is met. 1. School fees, taxes and special assessments have been paid. STAFF COMMENT: See previous comments. This standard is not met. -5- 5. §8:60 ADDITIONAL CONSIDERATIONS In the evaluation of each petition for exemption, and in addition to the review criteria in §8:52, the Board shall consider the following: A. General conformance with the Garfield County Comprehensive Plan. STAFF COMMENT: The proposed Exemption is in Study Area 1, which is identified as six to ten acres per dwelling unit. The applicant is proposing one lot that is smaller than what the comprehensive plan proposes. The bulk lot density of the 453.5 acre tract is not exceeded. B. Compatibility of the proposed exemption with existing land uses in the surrounding area. STAFF COMMENT: Generally speaking, the proposed Exemption will be compatible with uses and lot sizes in the Missouri Heights area. C. Recommendations of any municipality within two (2) miles of the proposed exemption, or within three (3) miles, if the municipality has a major street plan. STAFF COMMENT: This consideration is not applicable with the proposed Exemption. D. Recommendations of any state or local agency or organization whose opinion the Board determines is necessary or appropriate. STAFF COMMENT: See previous comments about fire protection. E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land for the type of division proposed. STAFF COMMENT: See previous comments about soil types and suitability of this proposed Exemption. F. Number of lots and/or multiple -dwelling units created by the proposed exemption. STAFF COMMENT: Two lots are proposed. No ADU or multiple dwelling units are proposed. G. Provision for open space within the proposed exemption. STAFF COMMENT: Given the size and nature of the Exemption, it is not applicable for the applicant to provide open space. H. Proposed density and provisions for adequate off-street parking. -6- i • STAFF COMMENT: The proposed density, lot size, and number of lots created by this Exemption will provide adequate off-street parking. 6. STAFF RECOMMENDATION AND CONDITIONS OF APPROVAL. Staff is recommending the Board of County Commissars approve the Strang Exemption with the following plat notes, covenants, and conditions: 1. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and the County's Exemption Certificate, the County Surveyor's Certificate. The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. 2. Plat notes, restricting the lots to the following: a. One (1) dog will 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 requirements shall 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. b. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. sew., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c. 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. shoojil ''"!`S' k 11411-j c sr� ,r_ /41# it 4eas3 3. The applicant shal repare a well stiagiagagreement to be incorporated and recorded. 4. The applicant shall submit a well pump test and a water quality analysis of each well that is referenced in the application for this Exemption. Such test and analysis shall meet all County standards (§8:42 D) and shall be submitted prior of recording of the plat. -7- • 5. School fee (school impact fee is $200.00 for each lot created) shall be paid prior to recording of the plat. Fee is only applicable to the newly created lot. 6 . A«55 chi Cm/ ',G. deed as k M /til cei/04 7. STAFF RECOMMENDED 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 has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Section 8:52 (Exemption from the Definition of Subdivision) of the Garfield County Subdivision Resolution of 1984, as amended, finding that the parcel is not split by a public right-of-way and that the Silt Pump Canal does not prevent joint use of the tracts that comprise the Applicant's property. 8. SUGGESTED MOTION: "I move to approve the Strang Exemption from the Definition of a Subdivision to create two lots at 393 County Road 102, Carbondale Colorado, with the conditions as proposed by staff" eN'S QA.-. 4e - -8- Carbondale & Rural Fire Protection District 300 Meadowood Dr. Carbondale Colorado 81623 970-963-2491 June 7, 2005 Garfield County Building & Planning Department 109 8th St. Glenwood Springs, CO 81601 Dear Planning Department Mike & Kit Strang are applying for a sub -division exemption allowing them to split off and create a new lot approximately 2 acres in size from their larger ranch property. The address is 393-B County Road 102, Carbondale Colorado. The property is within the boundaries of, and is serviced by, the Carbondale & Rural Fire Protection District. The District will provide fire response from Station 5 located about .5 miles from the subject property. Additional fire response will come from the Station 1 located in Carbondale. The water carried on the fire trucks amounting to approximately 9000 gallons will provide water supply for fire protection. Additional water supply is available at a number of fill sites is Missouri Heights. Response time to the subject property is approximately 12 to 15 minutes. If you have any questions please feel free to contact me at 963-2491. Sincerely, Ron Leach, Fire Chief Carbondale & Rural Fire Protection District EXHIBIT ft