HomeMy WebLinkAbout1.12 Waiver Requests16. Waiver Requests (pursuant to Sections 4-118 and 4-202)
Request for a partial waiver of Section 4-203.A submission requirements
Section 4-203.A requires that improvement plans and reports for traffic be certified by a professional
engineer qualified in the specific discipline and licensed by the State of Colorado. The traffic information
included in this application by Western Slope Consulting, LLC has not been certified by a professional
engineer, pursuant to Section 4-203.A. However, it is believed that this information was prepared in a
manner consistent with standard traffic study practices and is sufficient to satisfy the requirements of the
County's Land Use and Development Code. Therefore it is believed that certification by a professional
engineer is not necessary.
It is requested that the BOCC waive the requirement for improvement plans and reports for traffic be
certified by a professional engineer qualified in the specific discipline and licensed by the State of
Colorado pursuant to Section 4-203.A.
Request for a partial waiver of Section 7-107 standards
Section 7-107 sets forth a number of requirements to ensure that roads constructed in Garfield County
provide for safe and adequate access. Access to Lot 1 is to be provided by the existing access road and a
driveway that is to be constructed by the lot owner(s). The existing access road is in conformance with
the requirements of Section 7-107 (refer to Table 23) with the exception of a portion of the road with
grades that were measured between 13 and 15% (refer to Map 11).
The existing graveled access road was constructed in accordance with the requirements of the driveway
permit (#034-98D) issued by the County on July 15, 1998. The access road has been in place for 20+ years
and there have been no significant issues resulting from its design or its construction. While there is a
portion of the access road with grades that measured a bit steeper than 12%, this section of the road also
has excellent southern exposure and is surfaced with a dark volcanic cinder that is highly absorbent of
solar radiation and is permeable to surface runoff (refer to Images 7-11). Therefore, it is not believed that
the grades along this section of the access road present conditions that result in unsafe or inadequate
access to the proposed lot.
It is also important to note that re -grading the existing access road to conform to a 12% grade (maximum)
would be extremely challenging given the topography and would most likely result in significant aesthetic
impacts.
A draft Easement Agreement has been included in this application as Appendix D and addresses on-going
maintenance of the access road.
Residential development on Lot 1 is anticipated to generate 10 average daily vehicle trips, many of which
will result from the personal trips being made by the lot owner(s). The existing access road is capable of
handling these trips.
It is requested that the BOCC waive the requirement for the existing access road to conform with a
minimum grade of 12% pursuant to the Access and Roadway standards under Section 7-107.
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Request for a partial waiver of Section 7-106 submission requirements
Section 7-106.A requires that adequate public utilities be available to serve the land use and Section 7-
106.E requires that an applicant make the necessary arrangements with each service utility for the
construction and installation of required utilities.
Lot 1 is intended to provide the lot owner(s) with the opportunity to enjoy an "off the grid" living
experience. This entails: (1) having water supplied by the on-site well; (2) sewer being addressed by an
on-site wastewater treatment system; (3) heating fuel coming from on-site propane tanks or other
appropriate fuel source that does not require the extension of utility lines; and, (4) telephone/internet
service being provided by a wireless service provider (ex. Verizon Wireless or AT&T).
In addition, the applicant would incur an unreasonable financial burden if required to extend utility lines
to the proposed lot as demonstrated in this application. The extension of utility lines to Lot 1 could also
have significant adverse impacts on local flora and fauna, as well as the aesthetic values of this part of
Garfield County.
A 30 -foot wide private ingress/egress and utility easement is being provided along the existing access
road and along the existing primitive driveway (refer to the Final Plat included in this application), which
would provide the opportunity for utilities to be extended to Lot 1 in the future, if so desired.
It is requested that the Board of County Commissioners (BOCC) waive the submission requirements of
Section 7-106.A and Section 7-106.E. The addition of a Plat note would be a practical method for insuring
that a future lot owner(s) and County staff understand that Lot 1 will be served by: (1) the on-site well; (2)
an OWTS; (3) a solar energy system; (4) propane or other acceptable fuel source not requiring the
extension of utility lines; and, (5) wireless telephone/internet service. In addition, the Plat note could
state that the lot owner(s) would be responsible for submitting plans, documents and/or specifications
for the OWTS, solar energy system and heating system to the County as part of an application for building
permit.
Request for a partial waiver of Section 4-203.E submission requirements
Section 4-203.E requires that a Grading and Drainage Plan be submitted as part of an application for a
Rural Land Development Exemption. The information required under Section 4-203.E that is available at
this time has been included in this application. However, it is not possible to respond to all Section 4-30.E
requirements because there is information will not be available until the lot owner(s) prepare the plans,
documents, and/or specifications for the improvements to be constructed on Lot 1.
It is requested that the BOCC defer the submission requirements of Section 4-203.E until building permit.
The addition of a Plat note would be a practical method for insuring that a future lot owner(s) and County
staff are aware that the information required under Section 4-203.E is to be submitted as part of an
application for building permit.
Request for a partial waiver from the submission requirements of Section 4-203.L
Section 4-203.L.2.a.4, Section 4-203.L.2.c, Section 4-203.L.2.d and Section 4-203.L.2.e.1 require that a
Basic Traffic Analysis include the following information:
■ Activity areas for construction activity.
■ A narrative description of the construction phase(s) of the development.
■ The likely increase in average daily traffic of trucks for construction activity.
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The lot owner(s) will be responsible for preparing the plans, documents and/or specifications of
improvements on Lot 1. At this time it is unknown where improvements will be constructed on the
property. Therefore, it is not possible to identify the areas for construction activity, areas for staging and
storage, or to provide detailed information regarding the duration, types and frequency of heavy truck
traffic during the construction phase.
It is anticipated that all construction activity, as well as any staging and storage areas will be located
entirely on Lot 1. Furthermore, it is expected that daily trips generated by construction activity will be
those typically associated with the construction of a single-family home. It is anticipated that this
construction activity will be short in duration (approximately 8-12 months) and have minimal impact on
the County roads and CO -82 intersections.
It is requested that the BOCC waive the submission requirements of Section 4-203.L.2.a.4, Section 4-
203.L.2.c, Section 4-203.L.2.d and Section 4-203.L.2.e.1. The addition of a Plat note would be a practical
method for insuring that a future lot owner(s) and County staff are aware that all construction activity,
including staging and storage, is to occur entirely on Lot 1.
Request for a partial waiver of Section 4-203.M submission requirements
Section 4-203.M.1.b requires that the following materials be submitted in conjunction with an application
for a Land Use Change Permit:
■ Calculations for the average daily demand of the proposed development and evidence that the
water supply can accommodate peak demands to service the total development population and
any irrigation or agricultural uses.
■ The water supply demand for fire protection based on recognized and customary engineering
standards and requirements of the applicable fire protection district.
The location of the residence, size of the residence, number of fixtures in the residence and amount of
landscaping on the 10 -acre lot will be determined by the lot owner(s). These will dictate the amount of
on-site water consumption, on-site water storage needs and fire protection needs. Without having this
information, it is not possible to provide the information necessary to satisfy the requirements of Section
4-203.M.1.b as part of this application.
It is requested that the Board of County Commissioners (BOCC) defer the submission requirements of
Section 4-203.M.1.b until building permit. The addition of a Plat note would be a practical method for
insuring that a future lot owner(s) and County staff understand that the information required under
Section 4-203.M.1.b is to be submitted as part of an application for building permit.
Request for a partial waiver of Section 4-203.N submission requirements
Section 4-203.N.b requires that the following materials be submitted in conjunction with an application
for a Land Use Change Permit:
■ Evidence that the OWTS will comply with the County's OWTS requirements and requirements of
the CDPHE, Water Quality Control Commission.
■ Documentation of soil percolation tests and other studies required to determine maximum
seasonal groundwater level and depth to bedrock, in compliance with the County's Individual
Sewage Disposal requirements.
■ Test locations shall be indicated on the Plat.
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■ Tests shall be performed by a qualified professional engineer.
■ A proposed management plan for operation and maintenance of on-site systems.
The location for the residence on the 10 -acre lot will be determined by the lot owner(s). The location of
the residence will dictate where the site-specific geotechnical evaluation is done and the design and siting
of the OWTS. Without knowing the location of residence, it is not possible to provide the information
necessary to satisfy the requirements of Section 4-203.N.b at the time of this application.
It is requested that the Board of County Commissioners (BOCC) defer the submission requirements of
Section 4-203.N.b until building permit. In addition, it is requested that the requirement to identify test
locations on the Plat be allowed to be met by including information about test locations in the
geotechnical evaluation. The addition of a Plat note would be a practical method for insuring that a future
lot owner(s) and County staff understand that the information required under Section 4-203.N.b is to be
submitted as part of an application for building permit.
17. Referral to the Colorado Geologic Survey
The applicant understands that this application will be referred to the Colorado Geologic Survey (CGS) for
review and comment. The recommendations of the CGS will be addressed once they have been received.
A copy of the CGS Land Use Review form provided to Garfield County is included on the following page.
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