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HomeMy WebLinkAbout4.0 BOCC Staff Report 05.21.2007/ / / s Z z 5% o //3 Exhibits for Public Hearing held on May 21, 2007 Exhibit Letter (AIto .Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Application materials F Staff Memorandum G Staff Presentation H Email from Dave Vroman of the Gypsum Fire Protection District dated 2-12- 2007 q'c,, , C .o -c' /e / c 6 e>4 - NT- /I /Wic-7 >1',<eY / cl,x( c/( i ecocr• .4d " c> -10 / BOCC 5/21/2007 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST Exemption from the Definition of Subdivision OWNERS Mary Jo Jacobs and Charles Van Devander LOCATION Section 22, Township 3 South, Range 87 West of the 6th Prime Meridian; County Road 151 in Sweetwater SHE DATA 36.98 acre parcel PROPOSED CONFIGURATION 2 Lots (20.783 acres and 16.196 acres) WATER Shared Well SEWER Individual Sewage Disposal System (ISDS) ACCESS County Road 151 EXISTING ZONING ARRD ADJACENT ZONING ARRD COMPREHENSIVE PLAN Study Area 5 (Outlying Residential) I. DESCRIPTION OF THE PROPOSAL The owners of the subject 36.98 -acre property request approval from the Board of County Commissioners to split the tract into 2 parcels by way of the County' s Subdivision Exemption process. The proposed lots are contemplated as the following sizes: Lot B-1 Lot B-2 20.783 Acres 16.196 Acres Each new tract will have direct public access from County Road 151. Water to each lot will be provided by individual wells and wastewater is to be handled by Individual Sewage Disposal Systems (ISDS). -1- 281 0410,0, 1.444.4 144 Subject Parcel 151A Van Devander - Exemption 0 2.450 4 900 9.8©0 Feet I 1 1 1 1 1 i I -2- II. BACKGROUND & ELIGIBILITY As of 1973, the subject 36.98 -acre tract existed as a part of a larger 2,100 acre parcel. It is presumable that the original 2,100 acre parcel has been split to it's maximum 4 parcels per Section 8:52(A) of the Garfield County Subdivision Regulations of 1984. The Applicant has represented that "the subject property is split by a public right-of-way, County Road 151, preventing joint use of the property. At the discretion of the Board, these parcels may not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable." It is Staff's opinion that the proposed exemption from the definition of subdivision application is eligible per Section 8:52(A) of the Garfield County Subdivision Regulations of 1984. 8E1:/4 FXI31 %G FENCE -7 2337 1:4 SEC. 22 1919 88355 CAP PEACE NG. (AO' Row) P3202. 8-i 70.783 :iG.1 i... P 1C7_ 6-2 A.;."/- i- 2.133 2- CAP L. / 210302 99 PLACE 03303 POST (TYPO .... =xs FEiJ'y0 89'56'57 2' 582.70 -3- 7.6..2' 1r (4) `rr k GRAPHIC SCALE 1 12 FEET 1 1 Inch = 206 tt. III. REFERRAL COMMENTS Staff referred the application to the following agencies / County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable: A) Gypsum Fire Protection District; (See Exhibit H) B) Garfield County Road and Bridge Department: No Comments Received W. MAJOR ISSUES AND CONCERNS A. Subdivision Exemption Regulations / Property Eligibility 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. 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 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 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 tracts 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 Finding Staff finds that this application meets the acreage requirement spelled out in Section 8:52(A) of the Subdivision Regulations of 1984. The Applicant is requesting a total of 2 lots from the existing 36.98 acre property. As noted in Section 8:52, "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, at 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 explains that: Traffic on County Road 151 prevents joint use of the two (2) proposed parcels. The subject property is split by a public right-of-way, County Road 151, which is a primary access route to National Forest land and receives traffic from hunters, snowmobilers, etc. There is a guest ranch and motorcycle track above the property which has regular traffic to and from it. The motorcycle track is used by the owners' sons who are very big in Dirt Track Racing circuit. They bring a lot of guests, and trainers on the road, and they haul large -4- trailers full of dirt bikes. The road is showing wear and tear from the increased traffic in the first two years. New development or proposed development in the area include the Wind Dance subdivision possible expansion of Sweetwater Resork, and 7-W Ranch has just completed a Lodge Renovation to accommodate large group activities such as weddings, etc. All of these projects will further increase traffic on the public h -way. In addition, the topography of the property prevents joint use since the land on the north side of the road is mostly flat with little vegetation while the land on the south side is steep and covered with trees. See photo below. Staff finds that the proposed Lot B-1 and Lot B-2 are currently both vacant. As both Lot B-1 and B-2 are vacant, there is no evidence that these proposed parcels have been used jointly in the past. Per Section 8:52(A) of the Subdivision Regulations, it is up to the Board of County Commissioners to make the determination as to whether County Road 151 prevents joint use of these parcels. It is Staff's opinion that although County Road 151 splits the property, it is not obvious that the County road has historically prevented joint use nor has an attempt been made to use the full 36.98 acre property jointly. For practical purposes, however, it appears that the road prevents joint use of the parcel under the proposed residential scenario. B. Zoning The property is located in the Agricultural / Residential / Rural Density (ARRD) zone district. Section 8:52(B) states that the Board shall not grant an Exemption unless the division proposed for exemption meets the all of County zoning requirements. Upon review of the site plan, it appears that all of the zoning requirements have been or can practically be met. This requirement has been met. -5- C. Legal Access Both lots being created front directly on County Road 151 and as such have access to a public right-of-way. This requirement has been met. D. Domestic / Irrigation Water The application contains two well permits in addition to a well sharing agreement. Well permit number 273571 and well permit number 272605 are both able to serve up to three dwelling units. The applicant is proposing to use a well sharing agreement to permit one well to serve both lots. There is only one existing well within 1/ mile of the proposed exemption. This well (permit number 238211) is recorded to provide 10 gallons of water per minute at a depth of 72 feet. Based on the aforementioned information, Staff finds that legal and adequate water is available to serve the proposed lots. In addition, as is normally required by Section 8:42(D) the Applicant has provided a water sharing agreement. The water sharing agreement shall be filed with the exemption plat that defines the rights of the property owners to water from the well and pertaining to all shared wells within the proposed Exemption application. E. Sewer / Waste Water The Applicant is proposing to serve both Lot B-1 and B-2 with an Individual Sewage Disposal System (ISDS). The applicant has identified the following soil types within the subject parcel: 10- Anvik-Skyilck-Slighing association, 10-25 percent slopes 53 — Gothic loam, 25 to 65 percent slopes 66 — Jerry-Millerlake loams, 6 to 25 percent slopes The permeability of these soils range from deep and well drained to moderately slow and slow. Much of the subject property is located with soils that are considered poorly suited for home site development primarily due to shrink -swell potential. Following examination of the soils data located on this property, Staff suggests that all ISDS systems and foundations be designed by a professional, Colorado certified engineer. F. State and Local Health Standards Colorado Department of Public Health & Environment ISDS standards require the County to issue an ISDS permit for all such systems installed in the County. The future Lot owners will be required to obtain the necessary ISDS permits from the County at the time building permits are obtained. -6- G. Drainage / Floodplain The proposed parcels will be approximately 16 to 20 acres each with limited creation of impervious space which will result in minimal drainage. Staff does not foresee any immediate problems regarding storm water drainage. The Applicant has not represented any mapped floodplains on the property. Staff has examined the current floodplain data for Garfield County and has not identified any floodplains present on the subject parcel. Staff has further examined hazards on the subject parcel and has not identified any other known hazards afflicting this property. H. Fire Protection The property is located in the Gypsum Fire Protection District. Based on the signature of the District, it appears the development is satisfactory for the District. Garfield County Wildfire maps identify the area as being in low to moderate danger. I. Easements This Exemption Plat identifies the following easements within the subject parcel: 1. A 40' wide Right -of -Way easement for County Road 151; and, J. School / Development Impact Fees The property is located in Comprehensive Plan Study Area 4 and Traffic Impact Study Area 12 which do not require impact fees. V. 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 Sections 8:00 of the Garfield County Subdivision Regulations of 1984, as amended. VI. STAFF RECOMMENDATION If the board finds that County Road 151 prevents joint use of the subject 36.98 acre parcel, Staff recommends the Board approve the request for an Exemption from the Definition of Subdivision for Mary Jo Jacobs and Charles Van Devander as joint tenants finding the proposal does meet the -7- requirements of Section 8:00 of the County's Subdivision Regulations of 1984, as amended. Should the Board approve the request for an Exemption, Staff suggests the following conditions of approval. 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. "Control of noxious weeds is the responsibility of the property owner." b. "One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owner's property boundaries." c. "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". d. "All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries ". e. "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. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, 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. f "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 -8- g. 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." "All new foundations and septic systems shall be designed by a professional engineer licensed to practice in Colorado. h. "No further divisions by exemption from the rules of subdivision will be permitted." 3. Because Lots B-1 and B-2 are proposed to share a well for their domestic water supply, the Applicant shall execute a well sharing agreement in order to manage the shared components of the shared water system as well as the water rights which include the ownership of the well. This agreement shall determine how physical elements and associated rights of the shared water system (well, water lines, easements, maintenance and repair obligations) are to be owned and managed for each future owner of Lots B-1 and B-2. This document shall be provided to the County for review as part of the final exemption plat submittal. 4. All construction shall require compliance with NFPA 1144 Standard for Protection of Life and Property from Wildfire recommendations. 5. Prior to signing of a plat, all physical water supplies shall demonstrate 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 of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; F. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. -9- Kelly Cave From: Dave Vroman [dave@gypsumfirerescue.org] Sent: Monday, February 12, 2007 11:17 AM To: Kelly Cave Subject: RE: Letter of approval of fire protection plan Page 1 of 2 EXHIBIT Morning Kelly this note can be your first letter of acceptance for this project. This property is in the fire district and will have fire protection. There is still two things that district needs. A map detail that shows the potential building envelopes and the access road to those lots. I look forward to working with ya on the project and hope your Monday is going well. Thanks, Dave From: Kelly Cave [mailto:kelly©dankerstpc.com] Sent: Wednesday, February 07, 2007 10:30 AM To: Dave Vroman Subject: FW: Letter of approval of fire protection plan Hi Dave—Just checking in to see if you had a chance to determine if there is adequate fire protection for my client's property. Thanks for your help! Kelly Cave, Esq. Dan Kerst, P.C. 823 Blake Ave. #202 Glenwood Springs, CO (970) 945-2447 From: Kelly Cave [mailto:kelly©dankerstpc.com] Sent: Wednesday, January 31, 2007 9:17 AM To: 'davev©gypsumfirerescue.org' Subject: Letter of approval of fire protection plan Dave, Attached are the assessor's information on the property and maps. The assessor's maps overlap. You can tape them together to give you a bigger picture. The maps do not show all of County Road 151 for some reason, but I am sure that you know the roads in the area. As I mentioned on the phone today, my client is applying for a subdivision exemption from Garfield County to split this 36.98 acre parcel into 2 lots along County Road 151. We need a letter from you stating that fire protection is approved for the 2 lots. Please call me with any questions. Thank you for your help. Kelly Cave, Esq. Dan Kerst, P.C. 823 Blake Avenue, Suite 202 2/12/2007 L QUARTER CIRCLE RANCH 1864 SWEETWATER ROAD GYPSUM, COLORADO 81637 970-524-9518 May 15, 2007 Ladies and Gentlemen: EXHIBIT We are writing this letter in support of Mary Jo Jacob's and Charles Van Devander's request for a subdivision exemption. The property in question borders ours along a portion of our southern boundary. We are in support of this subdivision because of Alan and Patty Hood's proposed purchase of the twenty acres on the north side of County Road 151, the parcel that would directly border our property. In general, we are opposed to any further subdividing of property in the Sweetwater area. Indeed, we moved here to get away from development. But in this case we are actually arguing in favor of yet another house popping up near us. We take this unusual stance because we know what hard working, community oriented people the Hood's are. They've been renters on Sweetwater for a while now and have become an integral part of the community. They attend each and every community function and even lend a hand at our annual spring clean up, which is more than can be said for a lot of property owners in the valley. Alan works extremely hard as a farrier and an outfitter in and around the Sweetwater valley, and as an employee of Wylaco in Gypsum. Patty is a committed and respected insurance agent for Farm Bureau. They're entire lives, both on the job and outside of work, are focused on rural life. They deserve, more than most, a place to call home, especially in the area to which they dedicate so much of themselves. We look forward to having such responsible, trustworthy neighbors. Sincerely, Matt & Hope Kapsner by Ya't,g1 MAY 1 7 2007 To: Garfield County Commissioners 108 Eight St., Suite 401 Garfield County Plaza Building Glenwood Springs, CO 81601 Re: Subdivision Exemption for Charles von Devander and Mary Jo Jacobs, File #12579 Dear Commissioners, My family and I own 70 acres immediately adjacent to the land that Mr. von Devander purchased last year and now wants to subdivide. We are opposed to the Subdivision Exemption proposed by Mr. von Devander. The land along the county road leading to the 7W Ranch is a beautiful rural area in Garfield County with no properties less than 35 acres in size. I think it is extremely important to the beauty and integrity of this area to remain this way with no exceptions. The fact that a rural road runs through Mr. von Devander's property does not prohibit joint use of a property any more than a stream or a stand of trees prohibits joint use of a property. If you allow this subdivision then you must allow it for all owners in this area which would be a tragedy for this rural area of Garfield County. Respectfully, Mark Scott Skelton 1 Property Owner Sweetwater Valley Garfield County, Colorado