HomeMy WebLinkAbout2.0 Staff Report BOCC 07.11.94.E.xAtE rErB\- /6r-o,D,,t-a
PROJECT INFORMATION AND STAFF COMMENTS
BOCC 7nlt94
An exemption from the definition of
subdivision.
Vollonar Von Hagke
A tract of land located in Section 13, T7S,
R88W of the 6th PM, located
approximately three (3) miles northeast of
Carbondale, off of County Road l12.
35 acres
Well
ISDS
Easement from CR 112
A/R/RD
A/R/RD
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
trIATER:
SEWER:
ACCESS:
EXISTTNG ZONING:
ADJACENT ZONING:
L
u-
RELATIONSHIP TO THF COMPREHFNSIVE PLAN
The site is located in District C - Rural Areas Minor Environmental Constraints as
designated on the Garheld County Comprehensive Plan Management Districts' Map.
TTFSCRIPTTON OF THF PROPOSAL
A.
B.
Site l-rescription: The project is located west of CR ll2, and is currently
undeveloped and in native vegetation. There are no stream courses on the
lill'JJ;Hii.i$*e site ranges rrom 6800 to 7000 reet. A vicinitv map is
Proiect Descrintion: The applicant is proposing to split the 35 acre parcel into
two (2) parcels of approxim44v l0 and25 acres in size. The applicant's cover
letter is shown onpug.r&tlland a sketch plan of the proposed exemption is
shown o, pur. Fi .
III. MAJOR ISSUES AND CONCFRNS
A. Subdivision Regulations. Section 8.52 of the Garheld County Subdivision
Regulations state 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
-ll,
D.
B.
C.
F.
the records of the Garfield County clerk and Recorder's Offrce 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, Countyroadorrailroad) ornatural lbature, preventingjoint useofthe
proposed tracts, and the division occursalong the public right-of-way ornatural
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 subject parent parcel is one (1) of three (3) parcels created by exemption in
1979 (Book 882, Page 600). The additional parcel will be the fourth and final
parcel that can be created through the exemption process. Further subdivision
is possible through full subdivision, however the covenants restrict any further
subdivision of the parent parcel.
-rning. The parcel exceeds the required two (2) acres minimum lot size lor the
A/R/RD zone district.
r egal Access. Access to the site is via County Road I12, onto a road which
traverses two private properties (Wayne King and Margaret Berg) before
accessing the Hardy Hills parcels. The road section traversing the King
property, was deeded to the County in 1930 (Book 159, Page 223). Theportion
through the Berg property has an easement by chain of title. All easement
recordings were submitted by the applicant, and are on file. The road through
the Hardy Hills exemption has a right of access through the Hardy Hills
Protective Covenants (Book 530, Page 120).
Water. Water will be provided by an individual well. The existing well permit
(#153154) allows for three (3) single family dwelling units. An attorney's
opinion regarding the existing well is attached on pug"2liBtaffreferred the
exemption to the State Engineer's Office on June 22,1994,and has not received
a response. Staff suggests that a favorable response from the State Engineer's
Offrce be a condition of approval.
Sewer. Sewer will be provided by ISDS. The applicant retained Chen-Northern,
Inc. to conduct percolation tests on the property. Chen-Northern concluded
thatsoilconditions andpercolation testsindicated noconstraints toISD_,Sonthe
site. Thomas Allen's February 23,lgg4letter is attached on page rl.
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 setback standards, which will be verified at the time of
building/IsDS permit submittal.
Drainage. No drainage easements appear to be necessary, but should be verified
on the l-reld by the applicant's surveyor.
FireProtection. Ron Leach has reviewed the site, and suggested that Colorado
State Forest Service Wildhre Protectjon Guidelines be followed in the developed
of the parcels (see letter on pug.d.l ,-).
, l7'
E.
E.
G.
Fasements. Any required easements (drainage, a@ess, utilities, etc..) will be
required to be shown on the exemption plat. Staffnotes that two ditches enter
the property at the southeast corner. Staff would suggest that easements be
shown on the hnal plat to ensure ac@ss is maintained for maintenance purposes.
School Imnact Fees The applicant will be required to pay the $200.00 impact fee
prior to the approval of the final plat.
Natural Hazards. Staffrelerenced the Lincoln - Devore Laboratories Natural
Hazards Mapping for the site. The proposed exemption is not located within an
area identified as having slope, soil or ISDS constraints.
rv.SUGGESTED FTNDINGS
That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
That themeeting before the Board of County Commissioners wasextensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
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
wellare of the citizens of Garfield County.
RFCOMMFNDATION
Staffrecommends APPROYAL ofthe application, subject to 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.
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.
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.
That the applicant shall submit $200.00 in School lmpact Fees for the creation
of the exemption parcel.
United States Forest Service Wildlire Prevention Guidelines shall be followed
for all structures. 1..i o 5t,,_.- L-a, ,
Control of noxious weeds is the responsibility of the property owner.
Approval ofthewatersupply by the State Engineers Officewill berequired prior
to the signing of a hnal plat.
Easements to ensure ditch maintenance access shall be shown on the Iinal plat.
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ASPEr 0rtlct:
THE SMITH.ELISHA HOUSE
320 WEST MAIN STBEET
ASPEN,COLORAOO 81611
TELEPHONE (303) 925-221 I
TELECOPIER (303) e2s-2442
McILYNN & PICIGTT
LAWYERS
A PROFESSIONAL CORPORATION
MARTHA C, PICKETT
TIMOTHY McFLYNN'
JEANNE C. DOREMUS
.ALSO ADMITTEO IN CAUFONNIA
May 26, L994
8L601-
sr0wMAss vltl-A0E 0rrlcE:
ANDERSON RANCH
513,I OWL CREEK BOAD
'., SNOWMASS VILLAGE, COLORADO
(Ploasc Use Aspen Maillng Addtess)
(303) 923.221 1
(303) 923.3r29
Mark Bean, Director
Garfield County Planning Department
BuiIcling & Planning, Suite 303
1-O9 Eighth Street
Glr:nwood Springs, CO
Re3 EaIt:eI 1-, Hardy niXs. Garf ield Countv'
Dear l,lark:
The owner of the above referenced proprerty hereby lile.s a
Pebibion for fxemption from ttre County's-subdivision regulations
for approval to dividtr bhe subject g5 icre tract of land into two
tracEs of approximately 25 antl 10 acres' This Petition requests
exemption rrom Ai; aetin j.tion of rrsubdivisiotrrr and "subdivided
Iandrtats the terrns are uscd ".,a a"fined in C.R.S' (1973) 530-28-L01
(10) (a)-(d) ""a the Garfield county's subdivision Regulations,
pi""iai"d i.r"," submittal requirements as follows:
A.PropertyDescrlption/Access.Thesubjectproperty.i:
clescribe,l as Parcel Lt UarAy HIf fs, .s shown on the plat recorded
in Book BB2 at Page 600. A survey of the subject .property, is
at.tactre,l as Exhibit I'A-1rr, =toroing ffre proposed division itlto t'wo
tracts.
Accesstotheproperbyis"ilCountyRgadT'L^ztontoaroad
which traverses tw" private'pr"perties (th; f irst of which is orurtecl
b), !,Iayne l(ing and the =""otd^_ly M".q.r"L Berg) , then entering :[nl-o
Hardy HiI1s, Parcels 2 and 3. TLre -roaa, ds-it ttut'erses the KinrJ
property,lJascleecledtotheCountyAugustT,.lglo,inaDee'.cl
recorded in Bool< 1"59 a't Page 223 | a copi of which i.= attached as
Extri.bit rrA-2,;l-'-'f["-eppf icint has an eaiement for the road as it
traverses the Berg ptoputly-ty ,itt.t" oll the reservation in the
creed to uargJr;t;d wirriam elrq, dgt-ed August 7,-1s67 ' leqor$9d
by Receptio' No. Z3BGL', "-""py-"i'which is attachecl as Exhibit "A-
3r. once the roacl reaches pai-lers 2 arrd 3 <lf llarcly Hills, there is
a right of access through the Hardy l{i.Lls Protective covenants
recor:ded in Book 530 at Page LZA, a copy of the relevant' provision
is attaclred as Exhibit rtA-4rr.
B. Vicirrity MaP: See Exhibit rtBrr
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Garfield County Planning Department
May 26, L994
Page 2
C. Deed evidencing ownership of the subject property by the
Applicant: See Exhibit rrCrr
D. Names and addresses of property owners within 200 feet:
See Exhibit rrDrr
E. Evidence of soil types and characteristics: See Letter
from Chen Northern, dated 2/23/94, Exhibit rrErr
F. Water/gewer/Fire Protection. The property contains a
well, named the rrKelley We1lrr, pursuant to Well Permit No. 1531-54,
dated December 20, l-988. A well report prepared by J&M Pump
Company, indicates that the water is of good quality and that the
well pumps water at the rate of L5 qpm. In addition, enclosed is
a letter from Kevin Patrick, the water attorney for the Applicant,
explaining that the Kelley Well can be used to provide domestic
waler service to the two (2) parcels which will result from the
Subdivision Exemption (See Exhibit rrFrt).
The Applicant agrees to comply with all recommendations of
Chen Northern (Exhibit rrErr) to install a septic disposal system
which meets all County requirements and standards.
Enclosed is a copy of a letter from the Carbondale & Rural
Fire protectj-on District regarding provision of fj-re protection to
the property (Exhibit I'Grr).
G. Not applicable.
H. Request for Exemption. The Applicant requests this
exemption from the subdj-vision regulations to allow one new parcel
to cbntain a single farnily dwelling. This division will create
mininal irnpact ana is allowable under the Hardy Hi.IIs Protective
Covenants. (A copy of the relevant Covenants provision is attached
as Exhibit 'tHr'. )
I. Historv of Creation of Subiect Property. The subject
property is one of three parcels of land (known as Parcels 1, 2 and
i, Hardy Hills) that existea on January L, L973. The additional
parcel that will be created by this exemption will be the fourth
and final parcel created from the fathering parcel and is not part
of a recorded subdivision. The deeds evidencing existence of the
fathering parcel for these four parcels are enclosed as Exhibitstrl-lrr and i,I-zt,. Please note that Parcels 2 and 3t Hardy Hills,
are restricted from further division by the Hardy Hills Covenants.
J. The application fee in the amount of $:00.00 is enclosed.
If you have any questions or need additional j-nforrnation or
clarifieation on any of the submittal items, please call me. We
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May 26, L994
Page 3
Iook forward to having this application scheduled for hearing.
Thank you for your continuing cooperation-
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I(EYIN L. PATNICK, P.C.
,ITTONNDYS AT LAW
A PNOIESSIONAL CONPORATION
March 8, L994
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XEVIN L.PAIRICK
BRIAN L. STOWELL
KELLY E.ARCHER
2O5 SOUTH MILL
sulrE 300
ASPEN. COLORADO AI6II
(303) 920-lO2A
TELECOPIER (303) 925-6847
Martha C. Pickett, Esq.
McFlynn and Pickett
The Smith-Elisha l{ouse, Suite 1
320 West Main Street,
Aspen, CO 8L61L
Re: von Hagke, Purchase of Missourl lleights Property (Ol-9L)
Dear Marty:
you have asked for my opinion as to Lhe use of the Kelley Well
for two single family residences to be located on a 40 acre parcel
which would subseqriently be subdivided into two single fanily
parcels. The subjLct pircel is known as Parcel 1- of the Hardy
iriff= Subdivision.- thLre are also Parcels 2 and 3 which have
single fanJ-ly residential uses associated with them.
The Kelley tlell received WeII Pernit No. L53l-54, a copy 9fwhich is attac[red, which designated the well to be the only well
located on Lot 1 of the Hardy Hills Subdivision; the uses
specificaffV aet-ineated in the permit are for ordinary household
pirrpo="s inliae no more than three single family dwellings, the
irrigation of not more than L acre of home lawns and gardens "19the watering of domestic animals. The permitted yield of the well
is L5 gpm with an annual appropriation of 3 acre feet per year.
The welf permit is for a wett exempt from adrninistration under the
provisioni of C.R.S. 37-92'602(1) (b). Nevertheless, Peter KeIley
Lntalnea a water right ln Case No. 8BCW3B7 for the exempt we1l.
Again, wlthin this -decree the allowed uses of the well are for
tfiree single family dwellings; and a priority date of September 27,
L9B8 was awarded for the well pursuant to C.R.S. 37-92'602(4) 'provided the well has been drilled within 2OO' of its permitted and
decreed Iocation, Do further permitting would be required to
connect a s".ond single family dwelling on to the weIl. If
however, the well is located further than 2OO' from its decreed and
permitted location and a subdivision of the property is undertaken,
one would have a situation j-n which they had a tract of land of
less than 35 acres and you would have to obtain a repermitting of
the well with a combining of parcels, if they are under common
ownership this should not be a problem. However, we render our
opinions based upon the assunptidn that the well is located within
TQo' of its permitted and decreed location,
FinaIIy, there was a concern with respect to the existence of
a permit toi 'tfre Hardy Hills WeII. If that well had designated Lot
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1 as an area to be served then there would have been a rrdouble
countingrt of the acreage making the Kelley WeIl suspect. However,
I have ieviewed the permJ-t for this well (Permit No. 282381 and
flnd no acreage being specified since the well permit was on the
otd forms utilized in the 196O's. Therefore, I do not see a
problem wlth the use of the Kelley WeIl for two single family
iesidences. The Hardy Hills Well was similarly decreed in Case No.
8OCW254 and the decree again does not mention specific acreage to
be served. Accordingly, Mr. and Mrs. von Hagke should be able to
utilize the Kelley WeII for two single family residences to be
located on Lot l- as such may be resubdivided.
Very truly yours,
KEVrN L. PATRTCK, P.C.
A Professional CorPoration
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I'vtr. Mrrk von Hagke
625 Walnut Ridge f)rive, Suite l0l
I'learlland WI 53029
Subject: Percolation 'l-esting, Propose.d Residencc,- Ciarfield CoutttY, Cotorado
Jolr No. 4 tgl 94
Dear Mr, vott l{agke:
35 Acre Parcel, CotrntY Road l12'
As rcqucstcd, we hnvc pcrlornred percolation testing at the subject sitc. Thc rvork was done in
accorrlancc with our agree,nrent l'oi gcotcchnical engilleering services witlt you datcd Fcbruary
I l, 1994.
pcrcolatiol tcsting was perflolrnecl at trvtt sites on the strtrject propcrty at tlte locaLiorts shown on
Fig. l. C)ne 4-inctr diarneter prot-rle boring and 3 or 4 6-inch diatneLer percolation test borings
wJre drillcd at cach sitc. thcjogs of thc borings are shown graphically on Fig. 2. The subsoils
encquntgretl in the prsflrle hgrings corrsist of silty clay utd sandy clay with varying gravel
contcnt to t5c t\rll dcpth of cxploratiorr, l0 l'eet. A iarge boulder or displaccd block o[ sandstone
was cpcouptcrcd irr iJoring -s. Grourrtlwater wils not encoutncrcd in the borings at the time of
drilling.
Thc prcolation tcsting was pcrlbrrtrcd irr tlrree pre-sonked borings at cach site, Tlre results of
the percglarion resr,,i i.e presented on Tablc I (north sitc) and Table Il (sorrth site). . The
perc;latiorl rales vary [rr;m 7 to l3 nrinutes pcr inch at thc north site an<l from 12lo2l minutes
per inch at ltre sorrtil site. These percolatlon ratcs are suitable [or a conventional infiltration
scptic disposrl sYstcnt.
If you havc rny qucstions or iI we can be of further assistancc, lllease contact ottr office.
Sitrcctcly,
Rcv, By: FRC
TLA/lr
Attnchruents
'cc: Citrol l)oPrkin
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Carbontlale nrrrl Rural Fire Protection District
300 Meatlowootl Drive
Cnrbondnle, CO 81623
(303) e63-24e1
Mr. Mark Bean
Garfield County Planner
109 8th St.
Glenwood Springs, CO 81601
GAFIt-ifrLD C0LlllTy
Dear Mark,
Today, I visited with Jean Doremus, an attorney represetrting Mark Von llagke, regarding Mr'
Von Hagke's sub-division proposal for his property located on county road I l2 in Missouri
Heights. As I understand ii, the proposal calls for the existing 35 acres to be split ittto two
parJels with a single farnily house io be constructed on each parcel. The properfy does lie
within the boundaries of the Carbondale & Rural Fire Protection District and the District will
provide fire protection and emergency medical services to the property.
Access to the property is via county road 112 and all future driveways should be constructed
according to the Garfield County road specificatiotrs.
Water supply for fire protection will be provided by the water carried on the fire trucks which
is approxirnut.ty ZOOO gallons, augmented by the fire departtttent's tanker truck shuttle
operation for extended fire operations.
Response time to the property is approximately l0-15 rninutes with initial response coming
out of the new Missouri l{eights fire station and back-up response coming out of the
Carbondale fire station
The Colorado State Forest Service guidelines for fire protection in the rural areas should be
followed when developing the parcels. This pamphlet is available from the fire department or
the CSFS.
If you have any questions feel free to contact me at 963-2491'
Sincerely,
(l^- r1-^-c
Ron Leach, Chief
Carbondale & Rural Fire Protection District
cc:Jean Doremus
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