HomeMy WebLinkAbout2.0 BOCC Staff Report 10.18.1999REQUEST:
APPLICANT:
LOCATION:
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BOCC 10/18/99
PROJECT INFORMATION AND STAFF COMMENTS
An exemption from the
subdivision.
Donald L.
efinition of
L. Van Hoose
A tract of land located in portions of Sections
25 and 36, Township 7 South, Range 91 West
of the 6th P.M.
SITE DATA: 160 +/- Acres
WATER: Ruling of Referee 486CW 184
SEWER: ISDS
ACCESS: CR 313
EXISTING/ADJACENT ZONING: A/R/RD and O/S
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN:
This area lies in District D of the 1984 Garfield County Comprehensive Plan. District D —
"Rural Areas/Moderate Environmental Constraints Fair Ability to Absorb Growth" states:
This district includes all lands which are not serviceable from an existing
municipality or subdivision with water or sewer services and have moderate
environmental constraints to development. Site specific areas of minor or severe
constraints may be included in this district.
Moderate environmental constraints should include, but are not limited to areas of
minor rockfall, 17-24% slopes, debris slide, minor mudflow, potential subsidence
due to hydrocompactive soils or mining activity, high water table, and slow
percolation.
Staff finds that this proposal is in general conformance with the comprehensive plan.
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II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located on CR 313 west of East Divide Creek. (See
location map exhibit 5 of application). The parent tract of land to be subdivided
consists of 160 +/- acres from which three (3) exemption parcels of 120, 26, and 14
acres in size will be created.
B. Applicability: Section 8:10 allows the Board of County Commissioners the
discretionary power to exempt a division of land from the definition of subdivision
and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board
determines that such exemption will not impair or defeat the stated purpose of the
Subdivision Regulations nor be detrimental to the general public welfare.
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. 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."
The applicant maintains that the 120 acre "remaining portion" should not be counted
as one of the lots created by exemption. However, the County regulations are very
clear that it is counted as one of four exemptions parcels allowed.
The applicant has provided proof of ownership of the property in the form of a
recorded deed (book 1131, page 689). The parcel is 160 acres and has not been
divided since it's conveyance in 1948. Therefore, it has been determined that the
applicant does qualify for exemption which may result in four (4) or fewer lots. This
request will result in three (3) lots of 120, 26, and 14 acres.
B. Legal Access: A grant of non-exclusive easement has been included as part of the
application (recorded Book 1139, Page 609). A typo in the easement grants access
to CR331 instead of CR313. This easement must be amended and recorded and
must be shown on the final exemption plat. The driveway easement maintenance
Page 2 of 6
responsibilities must be shared equally amongst the three lots.
C. Water & Sewer. Section 8:52 D of the Subdivision Regulations states the following:
The Board shall not grant an exemption unless the division proposed for exemption
has satisfied the following criteria: Provision has been made for an adequate source
of water in terms of both the legal and physical quality, quantity and dependability,
and a suitable type of sewage disposal to serve each proposed lot;
A ruling of the referee (#86CW184) has been included in the application. It allows
for the use of 0.027 cubic feet per second for domestic and stock watering purposes
and to fill Tolini Pond no. 6 as decreed in 86CW 185. The source of the water is a
spring tributary to Timber Gulch, tributary to East Divide Creek, tributary to Divide
Creek, tributary to the Colorado River. 0.027 cfs equates to 12.1 gallons/minute, or
17,424 gallons/day. According to the Division of Water Resources, this is plenty of
water to service three (3) single family units (one on each lot). The Colorado
Department of Health setback standards apply.
D. Geologic & Hydrologic Conditions: The soils in this area generally consist of
cimarron loam, cochetopa-jerry complex, and lamphier loam. The cimarron loam,
2-12 % slopes, is a deep, well drained, nearly level undulating soil found in narrow
mountain valleys and drainageways. Use of this soil for sanitary facilities is limited
by the high clay content, which causes a high shrink -swell potential, slow
permeability, and low strength. The cochetopa-jerry complex, 12-25% slopes, is a
moderately steep, deep, well -drained soil formed in alluviam. Permeability is slow,
and available water capacity is high. The lamphier loam, 15-50% slopes, is a deep,
well -drained, steep soil on fans and mountainsides. Development is limited by steep
slopes.
E. Fire Protection: The applicant has contacted the Burning Mountain Fire District to
request comments concerning fire protection services and safety issues. Burning
Mountain Fire District's approval will need to be obtained prior to the signing of the
final exemption plat.
F. Easements. Any required easements (drainage, ditch, access, well maintenance,
utilities, etc.) are required to be shown on the exemption plat.
G. School Impact Fees: The applicant will be required to pay the $200.00 school site
acquisition fee for each newly created lot, prior to the approval of the final plat.
H. Covenants: It is rather unusual to see covenants created for an exemption. Covenants
can not be enforced unless a homeowner's association is created. Therefore, plat
notes must be used to ensure that the pertinent County issues are enforceable (see
Page 3 of 6
V#14)41
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staff recommendation #9). Please note that the proposed covenants concern 2 of the
3 lots created by this exemption. If covenants are used, as proposed, they must be
amended to be consistent with County regulations and required plat notes (for
instance, one dog instead of two).
IV. 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 fully meets the requirements of the Garfield County Subdivision
Resolution of 1984 a.a. Section 8:00, Exemption.
V. RECOMMENDATION:
Based on the findings listed above, Staff recommends APPROVAL of this application with
the following nine (9) conditions:
3. In order to ensure that the proposed exemption is in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County:
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; .
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2. Pursuant to Section 8:33 of the Garfield County Su division Regulations:
A Final Exemption Plat shall be submitted, indi ting the legal description of all three
properties, dimension and area of the proposed lot , . wide accesses to a public right-of-
way, and any proposed easements for setbacks, drainage, irrigation, access or utilities;
3. Pursuant to Section 8:33 of the Garfield County Subdivision Regulations:
That the applicant shall have 120 days (until 2/15/00) to present a plat to the Convnissioners
for signature from the date of approval of the exemption;
4. Pursuant to Section 8:42 I of the Subdivision Regulations:
That the applicant shall submit $400.00 in School Site Acquisition Fees for the creation of
Page 4 of 6
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the exemption parcels prior to approval of the exemption plat;
5. Pursuant to Section 8:52 B and 8:60 D of the Subdivision Regulations:
That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
6. Pursuant to Section 8:52 C of the Subdivision Regulations:
The applicant shall obtain any necessary driveway permits prior to issuance of any building
permits and the non-exclusive easement must be amended and recorded at the time of final
plat.
7. Pursuant to Section 8:52 G of the Subdivision Regulations:
That the applicant submits a letter of approval from the Burning Mountain Fire District and
pays any associated impact fees prior to approval of the exemption plat;
8. Pursuant to Section 8:42 D:
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:
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) 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;
7) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
9. Pursuant to Section 8:6011,2,&:3, and Section 8:52 A of the Subdivision Regulations and
Section 1.08 of the Zoning Resolution:
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."
Page 5 of 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. 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".
"The driveway easement maintenance responsibilities must be shared equally amongst the
three exemption lots."
"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."
Page 6 of 6
THOMAS W. STUVER
RUSSELL GEORGE
MELODY D. MASSIH
STUVER & GEORGE, P.C.
ATTORNEYS AT LAW
120 WEST THIRD STREET
P. 0. BOX 907
RIFLE, COLORADO 81650
September 16, 1999
Kit Lyon, Senior Planner
Garfield County Building
and Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Dear Kit:
Re: Van Hoose Timber Gulch
TELEPHONE 970 - 625-1887
FAX 970 - 625-4448
Thank you for your letter of September 13, 1999. As requested, I
am submitting to you herewith a copy of the Ruling of Referee in
Case 86CW185. Please let me know if you need further information
concerning the water rights.
As our application indicates, we submitted a copy of the
application to Burning Mountains Fire Protection District on
August 27. The Fire District typically takes several weeks to
respond. I am confident that we will have a response in time for
the scheduled hearing on the application.
"Parcel 3" is not included in the covenants because it is more than
35 acres in area and, will not be utilizing the water supply for
the exempted lots nor, being a tract of 120 acres is it subject to
the subdivision regulations. Although, the sketch provided you
refers to Lot 1, 2, and 3, the final plat of the subdivision
exemption will likely designate the exempted lots as parcel or lot
numbers 1 and 2 and simply refer to the 120 acre tract as the
"remaining acreage".
Thank you for your attention to this application.
Very truly yours,
STUVER & GEORGE, 4 .0
TWS:jm
Enclosures
cc Donald L. and Matthew L. Van Hoose
RECEIVED SEP 1 7 1993
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DISTRICT COURT, WATER DIVISION NO. 5, COLORADO
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Application No. 86CW185 t': --:1 :'r •'"-=�1V •• �.�
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF PETER E. TOLINT'ND
PAULINE TOLINI, IN THE COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED:
TIMBER GULCH, IN GARFIELD COUNTY
RULING OF REFEREE
The above entitled Application was filed on July 10, 1986, and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the 12th day of August, 1986,
in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973,
known as The Water Right Determination and Administration Act of 1969.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to -wit:
1. The statements in the Application are true.
2. The name of the structure is Tolini Pond No. 6.
3. The names of the Claimants and address: Peter E. Tolini and Pauline
Tolini; 2359 250 Road; Silt, Colorado 81652.
4. The source of the water is from Tolini Spring No. 8 decreed in
86CW184 which is tributary to Timber Gulch, tributary to East Divide Creek,
tributary to Divide Creek, tributary to the Colorado River.
5. The pond outlet is in the NW1/4NW1/4 of Section 36, T. 7 S., R. 91 W.
of the 6th P.M. at a point 258 feet South of the North line and 760 feet East
of the West line of said Section 36.
6. The use of the water is stock watering.
7. The date of :initiation of Appropriation is May 29, 1944.
8. The amount of water claimed is 0.023 acre foot of water, absolute.
9. On November 19, 1986, the Water Referee and the Water Commissioner
made an on-site investigation of said pond.
The Referee does therefore conclude that the above entitled Application
should be granted and that 0.023 acre foot of water is hereby awarded to
Tolini Pond No. 6, for stock watering purposes, with Appropriation date of the
29th day of May, 1944, absolutely and unconditionally; subject, however, to
all earlier priority rights of others and to the integration and tabulation by
the Division Engineer of such priorities and changes of rights in accordance
with law.
(XI)
Tolini 86CW185
Ruling of Referee
Page 2
tr
'1 1
4 (5)
DEC 1986
• Water
with the
It is accordingly ORDERED that this Ruling shall be filed with
Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed
appropriate Division Engineer and the State Engineer.
Dated A,..toc.- ! yB C
Copy of the foregoing mailed rr,
certified to all Counsel of Record.
Water Referee,Div. Engineer-;"
Sta a Engi ew�,Dateil-._'3 _%
D u CTerk water Div.
p� ,y No. 5
BY THE REFEREE:
Water Referee
Water Division No. 5
State of Colorado
-
No protest was filed in this matter. The foregoing Ruling is
and approved, and is made the Judgment and Decree of this Court.
Dated
J
confirmed
�Watudge
Copy of the fo going mailed
to all Counse of Record ,Water Referee,
Div. Engineer ,State Engineer'',
Date,;- 79- —
i;z- .i/.kA7
Deputy Clerk; Water Div. No. 5
erg
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