HomeMy WebLinkAbout2.0 BOCC Staff Report 03.01.1993• EX q Z-lz. 1111 CTAP FE -hot\ PROJECT INFORMATION & STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: ZONING: ADJACENT ZONING: I. H. BOCC 3/1/93 Exemption from the Definition of Subdivision Alvin Winter (David Tonder) A tract of land located in a portion of Section 17, T7S R95W of the 6th PM; more practically described as a tract of land located approximately three miles southeast of the Town of Parachute, on the east side of County Road 308 (0926 County Road 308). A 40 acre tract of land Proposed well Individual Sewage Disposal System (ISDS) Driveway access directly to County Road 318 A/R/RD North: South: East: West: RELATIONSHIP TO THE COMPREHENSIVE PLAN A/R/RD A/R/RD A/R/RD PUD (Battlement Mesa) The property is located within City/Subdivision District of the Garfield County Comprehensive Plan Management District map. DESCRIPTION OF THE PROPOSAL 1. Site Description: The subject parcel is located on the east side of County Road 308, directly adjacent to the Battlement Mesa PUD. The property slopes moderately downward from the east to west and includes former pasture land. Adjacent land uses include agricultural land, single family residences and the Battlement Mesa PUD. A single-family structure and several outbuildings (garage, ice and smokehouse, workshop) are located on the western portion of 1 • • the parcel. No easements appear on the sketch plan. A vicinity map is shown on page • / 3 - and an existing land use map is attached on page ' 1171- . A letter authorizing David Tonder as agent for Mr. Winter is on page / - . 2. Project Description: The applicant is proposing to split the 40 acre parent parcel into four (4) parcels of 3, 10, 10 and 17 acres each. The applicant is proposing to provide water via an additional well and handle sewage disposal by ISDS. Access for the proposed parcels is directly from County Road 308. A sketch plan of the proposed exemption is shown on page / 4 ' . III_ MAJOR ISSUES AND CONCERNS 1. Subdivision; Section 8:10 (Applicability -Exemptions) states that the Board has discretionary authority to except a division of land from the definition of subdivision. Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, fire protection, adequate easements and school impact fees. 2. Exemption Regulations: Section 8.52 (A) of the Garfield County Subdivision Regulations states that no more than four (4) parcels will be created from any parcel as that parcel was described in the Records of the Garfield County Clerk and Recorder's Office in January 1, 1973 and is not a part of a recorded subdivision. On January 1, of 1973, the parent parcel consisted of a 40 acre tract. The applicant submitted a deed describing the 40 acre parent parcel in May of 1966. Therefore, up to four parcels can be created through the exemption process. If the Board approves Mr. Winter's request, no additional parcels can be created through the exemption process. This does not preclude further division of the parcels through the full subdivision review process. 3. Zoning: All lots created by the proposed exemption meet the minimum lot size of 2 acres for the A/R/RD zone district. All parcels have frontage on County Road 308 in excess of 30 feet. 4. Legal Access: Access for the additional lots can be obtained directly from a public right-of-way. Driveway permits from Road and Bridge will be necessary prior to the signing of a Final Exemption Plat. 5. Water: There is currently a household -only well and appears to be located on the proposed lot with the existing structures. No response has been received by the State Engineer's Office. Due to the fact the parcel is pre -1972, an additional well does not appear to be an issue. The submittal of well permits will be required prior to the signing of a Final Plat. 6. Natural Hazards/ISDS Constraints: County Staff referenced hazards mapping conducted for the County in 1976 by Lincoln-Devore Laboratories. The project site is not located in an area of soil, slope, or bedrock geology hazards. In addition, SCS soil maps indicate that predominant soil on the site include Potts 2 • • Loam and Potts-LLdefonso complex. These soil types present only moderate constraint to ISDS. No plat notes are necessary. 7. Fire Protection. No response has been received from the appropriate Fire District. 8. Adjacent Land Owners. Mr. Bill Wilde, Director of Operations for Battlement Mesa, responded to the public notice by letter dated February 15, 1993 (see pages / `7� /'Mr. Wilde had the following concerns: A.) A portion of the exemption's offsite drainage enter drainageways that cross the existing Mesa Ridge Townhomes Phase II. Mr. Wilde has concerns that the subdivision of the property does not result in increased offsite flows by increasing non -permeable surfaces or the re -alignment of ditches on the parcel. He further recommends a Drainage Study and Ditch Plan for the site. B.) Battlement Mesa intends on submitting engineering documents for an alternative access and extension of County Road 308, as required as a condition of approval of Jack's Pocket Filing 5, in the next 30 days. Mr. Wilde is concerned that additional driveway access permits will be consistent with the plans for County Road 308 and Mesa Ridge Phase III. C.) The subject property is not located within the PUD, and therefore central water and sewer services cannot be used by the proposed exemption. IV. SUGGESTED FINDINGS 1. The proposal is in general compliance with the Garfield County Comprehensive Plan and the Garfield County Zoning Regulations. 2. The proposed land use would be consistent and compatible with the existing surrounding land uses. 3. The proposal is in best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION APPROVAL, subject to the following conditions: 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. Requests for extension must be received prior to the expiration date. 3. A Final Exemption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be 3 • 1 created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 4. The applicant shall submit $200.00 in School Impact Fees prior to the signing of an Exemption Plat. 5. Prior to the signing if an Exemption Plat, documentation must be submitted indicating the approval of by the State Engineer's Office regarding the and additional well, or the sharing of the existing well. If a well is shared by the exemption lots, the following conditions will also apply: A) That easements for waterlines and for access and maintenance of the proposed well be included on the Exemption Plat. In addition, each parcel shall receive a deeded interest in the well(s). B) A well sharing agreement shall be provided prior to the approval of the plat and shall be recorded in conjunction with each deed conveying well ownership. 6. The following plat note will appear on the Exemption Plat: No changes to the existing drainage ditches will be allowed without the approval of County Planning Staff. 7. Driveway permits shall be required prior to the signing of a Final Exemption Plat. Furthermore, the Garfield County Road and Bridge Department will review the driveway permit applications for consistency with the proposed geometries of adjacent Battlement Mesa projects. 8. The Final Exemption Plat will include the notarized signature of Mr. Alvin Winter. 9. Control of noxious weeds are the responsibility of property owner. 10. Prior to the signing of an Exemption Plat, the applicant shall submit a letter from the appropriate Fire District. 11 . l F new nR S µ Amt: © ' f ��JE- 4 EPSON ,►�5 \,,\�— PP �5) Pere rzrwCL 4.,00 4 \ TOWN OF PARACHUTE .7" 5120 .4'1 • urtli evri t. I/ 5161 .4 c ,' I I. ------ • • (, _ _ — r "(-- EXEMPTION PARCEL . , - ( J 'I. `, \ \ c OIO • (- i.„4/ n ( - r ( 4 , - - 4.,:lie4111 1,,.\,•(,, ,,,.__,,,..,.„,.=„,,,\,,t.. , ,,. , ( ,_ ) (_, „ ( ,7:,.„.„..,...:r.,., -.----.--i--?-.-.,':-- .., _.... _._._,._._:,._ ....„.„.... _.__.„.•._,,:„:„ __ A .....---0 c IN. ( — '-‘, \''.. tc, 13 Co 0 ( / — • ( _ '-, ( 7 ,s, : .- : t e 573 9 i; 1 1 , 1,- . 1) f_ s J 3 - ( SCALE = 1" = 2000' WINTER EXEMPTION VICINITY MAP VACANT �l PUD (BATTLEMENT MASA) AGRICULTURAL EXEMPTION PARCEL WINTER EXEMPTION EXISTING LAND USE BEFORE THE BOARD OF COUNTY C:OMMI'SSIOPNERS OF Gr RF I ELD COUNTY, COLORADO F'ETITIirt`•1 FOR EXB1PTIOta Dear r Bir- : I Lo u l d like to del eoa.te my power and responsibility i n the pursuance of this exemption to David Tonder, the prospective purchaser of 3 parcels of this di i _.cin . 1, rF;1in ?:hinter d • 13o f7, MoNume.T ,11L e2 h -33c FT, i X65 1. J 4-N 13PpRok. Jo 4 PcS PP/Co, 17+ Acees A PRRx, PAePrseo StA)) D Ng s/re f %CI i7IN 9 B/P5 Si rc Sec I+IT,e�V�d copy 72z- 3 or KD )o acnes -16- 3 6 5 P D WINTER EXEMPTION SKETCH PLAN �1a.. FEB I 7 1993' BATTLEMENT MESA ,GARi:iELD CouNrY COLORADO Board of County Commissioners Garfield County 109 8th Street, Suite 300 Glenwood Springs, Colorado 81601 RE: Mr. Alvin Winter, Application for Subdivision Exemption Dear Commissioners, February 15, 1993 Battlement Mesa Partners wishes to hereby state that it is not specifically opposed to the Application for Subdivision Exemption submitted by Mr. Alvin Winter regarding a 40 acre tract located at 0926 County Road 308, adjacent to the Battlement Mesa P.U.D.; however, we do have some concerns that we believe the County should address. A portion of the offsite drainage from the subject property enters Drainageways E2ala and E2alb (per our recent FEMA Drainageways study) which cross the existing Mesa Ridge Townhomes Phase II, and future Phase III subdivision. We have concerns that the subdivision of the subject property not result in increased offsite flows, either through increase of nonpermeable surfaces, or through realignment of existing irrigation ditches and wastewater ditches to serve the proposed four lots, which may adversely impact downstream facilities. It may be prudent for a Drainage Study and Ditch Plan to be prepared for the subject property. During the original platting of Jack's Pocket Village Filing 5, Battlement Mesa is required to install an alternate emergency access road from the Mesa Ridge subdivision onto County Road 308 adjacent to the subject property. We intend to construct such alternate access and extension of County Road 308 during the Mesa Ridge Phase III subdivision, which we are currently engineering and will be submitting to Garfield County within 30 days. Our sole concern is that any additional driveway access permits from the subject property onto County Road 308 be considered and issued in compliance with the engineered site plan for the Mesa Ridge Phase III subdivision, and such that it creates a harmonious driveway situation. P.O. BOX 6000 BATTLEMENT MESA, COLORADO 81636 (303) 285-9700 (303) 285-9740 FAX (303) 285-9721 • • Furthermore, it shall be clarified for the public meeting record that the subject property is not located within the Battlement Mesa P.U.D. boundary, and is not possible to be served by the central potable water and sanitary sewer systems of the Battlement Mesa Metro District. The sanitary sewer collection system was not designed to be extended to the subject property and is not in the immediate vicinity, and the higher elevation of the subject property cannot be served by existing pressure zones of the central water system. Therefore, all considerations for the proposed subdivision exemption must be based upon adequacy of potable water wells, well permits and septic tank/leach fields. We are not opposed to the proposed Subdivision Exemption of Mr. Winter's property provided that the above -listed concerns are able to be adequately addressed by Mr. Winter and Garfield County in the exemption process. Sincerely, ge/Lat.(h6__ William W. Wilde, P.E. Director of Operations WWW/sl cc: Mr. Mark Bean -2-