HomeMy WebLinkAbout2.0 BOCC Staff Report 03.12.1996• •
BOCC 3/12/96
PROJECT INFORMATION ANI) STAFF COMMENTS
REQUEST: An exemption from the definition of subdivision.
APPLICANT: Brannan Properties, Inc.
LOCATION: A tract of land located in Section 4, T6S, R91W of
the 6th P.M.; approximately one and one-half (1.5)
miles southwest of New Castle off of CR 335.
SITE DATA- 21.16 Acres
WATER- individual wells
SEWER: Individual sewage disposal systems
ACCESS: CR 335
EXISTING ZONING- A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COM PR EIIENSIVE PLAN
The subject property is located in District A - New Castle Urban Area of Influence, as
designated n the Garfield County Comprehensive Plan's Management Districts Map.
II. DESCR IPTION OF THE PROPOSAL
A.
Site Description: This 21.16 acre parcel is located approximately one and one-
half (1.5) miles southwest of New Castle at the confluence of Garfield Creek with
the Colorado River. Garfield Cree runs through a portion of the property in a
north/south direction. Vegetation on the tract appears to be primarily annual
grasses with some cottonwood trees along the river bank. The proposed 11.976
acre parcel has an ex sj,ing house with some other out buildings on it. See
vicinity map, page" .
B. Proposal: The applicant intends to subdivide, by exemption, three (3) parcels of
approximately 3.34, 5.85 and 11.97 acres each. (See sketch plan, page` )
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C. History: Previous owners of the property have petitioned for exemptions in 1978
and 1982. The 1978 exemption was approved by Resolution 78-8 to split off an
eleven (11) acre tract of land that is now the KOA campground. The 1982
exemption created a separate 2.825 acre parcel on the west side of CR 245, using
the county road split criteria.
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 ofthe 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 orrailroad) ornatural fea ture, preventing joint use ofthe
proposed tracts, and the division occurs along the public righ t -of- way orna tural
feature, such parcels thereby created may, in the discretion ofthe Board, not be
considered to have been created by exemption with regard to the four (4)104
parcel, interest or dwelling unit limitation otherwise applicable;"
B.
No deeds were submitted with the application to demonstrate that the property
existed prior to January 1973. A deed included in one of the previously noted
exemption files, shows the parcel existed as a separate tract of land in 1958. One
of the previous exemptions granted by the Board was based on the County Road
preventing joint use, therefore, in the discretion of the Board, it appears this
request meets the provisions of Section 8:52 of the Subdivision Regulations and
up to four (4) lots may be created by exemption. It should also be noted that the
creation of parcels 1 and 2 is not really subject to the County's jurisdiction,
because they are each at least 35 acres in size and are contiguous, forming a 70+
acre tract. For the purposes of this exemption, the Board is dealing with three
tracts of 8.05, 25.58 and 70.12 acres each. As such, the parcels proposed can be
considered for exemption from the definition of subdivision, based on the
assumption that two more exempt parcels can be created out of the original
parcel that existed in 1973.
The applicant is claiming a split based on East Elk Creek creating the parcel due
to a geographic split preventing joint use. As it is proposed in the application,
the proposed parcels 3 and 4 would not qualify for a geographic separation,
because the creek is not used for its entire length as it goes through the property.
It has always been the County's position that the geographic boundary in its
entirety is one of the property lines. The applicant may have an argument that
four parcels could be created using the creek as a common boundary for two
parcels and County Road 241 as a common boundary for one for a tract east of
the road and a tract between the road and creek. This would require different
evidence in terms of the well permits, since the 35 acre tracts are not as distinct
and may not qualify for exempt well status.
Zoning: The subject property is within the A/RIRD zone district, which requires
a minimum of two (2) acres for each lot. All proposed lots are in excess of this
minimum requirement.
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C. Water Supply: The application includes well permits for the two smaller parcels
(3 and 4), and the last parcel is over 35 acres in size and Ai11 qualify for an
exempt well under the State regulations. (See permits pgs. s) One of the
wells is tied directly to the proposed 25.58 acre parcel, that has the existing house
and five (5) cabins on it. There is no documentation regarding the quantity of
water produced from this well or the proposed new well on the 8.50 acre parcel.
The Board has required applications to include copies of approved well permits
and to provide documentation regarding the well production prior to any final
approval. If documentation is provided at the public meeting demonstrating
either the existing wells production capacity or a statement about the expected
well production from an engineer qualified to make such a statement. If the
Board is satisfied that there is reasonable evidence regarding the quantity of
water, a condition of approval requiring an applicant to drill a well to meeting
the following criteria for demonstrating the quality, quantity and dependability
of a well or a shared well system, prior to any plat being signed:
D.
1) A well be drilled and a 4 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well completion
report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
3) The results of the 4 hour pump test indicating the pumping rate in gallons
per minute and information showing drawdown and recharge shall be
submitted to the Planning Department;
4) A written opinion of the person conducting the well test that this well
would be adequate to supply water to the number of proposed lots and
be submitted to the Planning Department;
5) An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory and meet
State guidelines concerning bacteria and nitrates.
Sewer: The stated method of waste water disposal is the use of individual sewage
disposal systems. According to the Soil Conservation Service, soils constraints
to building site development and use of ISDS are considered moderate to severe
due to large rocks and steep slopes. Staff recommends a plat note be included
to address these limitations.
E. Possible Floodplain: The limited sketch map submitted with this application
does not show it; however, after checking the designated floodplain of East Elk
Creek, it appears that parcels 3 and 4 may exist within the designated floodplain.
See floodplain map, page I®' . Staff recommends a plat note to address
this issue.
Access. The existing house and cabins on parcel 3 have an existing access off of
CR 245. It appears that there may be a historic driveway for the 8.50 acre
parcel. Staff would suggest that a letter from the Road and Bridge Department
verifying an existing driveway or a driveway permit be obtained for parcel 4 and
the remaining land shown as parcels 1 and 2, prior to the approval of a plat.
County Road 241 runs through proposed parcels 2 and 4. The County has
required other property owners to show a dedicated 60 ft. right-of-way on the
plat, if it cannot be demonstrated that the County already has ownership of the
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road. The documents submitted indicate an exception to title of the "easement
and right of way for County Road No. 241 as same crosses subject property."
But there is no citation of a book and page for the ownership.
G. Fire Protection: The Burning Mountains Fire Protection District has not
responded to this request, indicating this property is within their service area and
access to the lots to be created exists. Staff recommends a plat note be included
to address wildfire mitigation.
H. Easements: There appear to be a number of ditches on the property. Any
required easements for drainage, utilities, access, irrigation ditches, etc., will be
required to be shown on the exemption plat.
I. School Impact Fees: The applicant will be required to pay school impact fees
of $200, for each lot created by this exemption.
J. Potential Road Impact Fees: If or when the County adopts a road impact fee,
the lots created by this exemption will be subject to paying that fee; paid at time
of building permit application, paid by the building permit applicant. This
provision shall be included as a plat note.
K. BLM Comments- The BLM has offered a number of comments regarding the
rights of property owners regarding the use of adjacent public lands and also
noted that the area has some severe elk and deer winter range. (See letter pg...
IV. SUGGESTED 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 is in the
best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the application, pursuant to the following
conditions:
1. 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 lots, access to a public right-of-
way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities. Additionally, the plat show a sixty (60) foot wide right-of-way for
County Road 241 and that the right-of-way be dedicated to the County.
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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. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the
creation of all exemption parcels.
5. That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped
sites. The methodology described in "Determining Safety Zone Dimensions,
Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest
Service) shall be used to determine defensible space requirements for the required
defensible space within building envelopes in areas exceeding five (5) percent
grade."
"Upon adoption of road impact fees by the Board of County Commissioners, the
lots created by this exemption shall be subject to paying the fees, paid at time of
building permit application, paid by the building permit applicant."
"Portions of this property lie within the designated floodplain of Elk Creek. If
any development is proposed for the area within the designated floodplain, it will
be subject to applicable County, State and Federal review and permitting."
"Soils information for this area indicate that there are moderate to severe
constraints for individual sewage disposal systems due to large stones and steep
slopes, which may result in the need for an engineered ISDS."
6. The applicant drill a well meeting the following criteria for demonstrating the
quality, quantity and dependability of a well or a shared well system, prior to
any plat being signed:
1) A well be drilled and a 4 hour pump test shall be performed;
2) The applicant supply, to the Planning Department, the well completion
report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
3) The results of the 4 hour pump test indicating the pumping rate in gallons
per minute and information showing drawdown and recharge shall be
submitted to the Planning Department;
4) A written opinion of the person conducting the well test that this well
would be adequate to supply water to the number of proposed lots and
be submitted to the Planning Department;
5) An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6) The water quality be tested by an approved testing laboratory and meet
State guidelines concerning bacteria and nitrates.
7. The applicant shall receive any necessary driveway permits or verification that
there are existing driveways, for each lot created, from the County Road and
Bridge Department, prior to signing of an exemption plat.
8. The control of noxious weeds shall be the responsibility of the landowner.
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Application must
be complete where
applicable. Type or
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INK. No overstrikes
or erasures unless
initialed.
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COLE' -'ADO DIVISION 01 WATER IIESOUR('r:S
101 Colt. -,ine Bldg., 1845 Sherman St., Denver, Colorad. 1203
PERMIT APPLICATION FORM
( I A PERMIT TO USE GROUND WATER
( ) A PERMIT TO CONSTRUCT A WELL
FOR: ( 1A PERMIT TO INSTALL A PUMP
X REPLACEMENT FOR NO /,-.IS(7
(1) APPLICANT - mailing address
NAME
( ) 0TI TER
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2/i A/ /i-kt: moi: % iL`S
STREET /<}-( ��
7 �c,
CITY /1/E'/V- /- 6)/_O ,_Sai7
(State) (zip)
TELEPHONE N0. . /12__�
Sr:<fi,11'
(2) LOCATION OF PROPOSED WELL
/3/.....::-2. ..G)
County
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Ni 1) % of the 5 = %, Section 4
Twp. 6 . , Rng. S`/ it/ 6 771 P.M.
.
(3) WATER USE AND WELL DATA
AL-:,f2/4//7i9/T c%/ L�'/x
Proposed
maximum pumping rate (gpm) ,/ 7- /92Y
Average annual amount of ground water
to be appropriated (acre-feet): -__.
Number of acres to be irrigated:
Proposed total depth (feet):0
Aquifer ground water is to be obtained frorn:
(7LA0/{lps
Owner's well designation
GROUND WATER 7013E USED FOR:
( ) IIOUSEI-IOLD USE ONLY - no irrigation (0)
(X) DOMESTIC (1) ( ) INDUSTRIAL (5)
( ) LIVESTOCK (2) (jO IRRIGATION (6)
( ...1-.CIIMMERCIAL (4) ( ) MUNICIPAL (8)
( ) OTHER (9)
(4) DRILLER
Name .--4-71-«,,..-f'r , ,.. -- .
17
Street r 0 d__// 7
�_�a__
City f.""1 -t -,-,-/&;l•' r'4`(�`1 ffr/G 2 .�
(Stare) (Zin)
(22
Telephone No. 9'>i,'5. ----5-7V.,5 Lic. No `2"Yi
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No
Basin Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPROVED AS REPLUEMENTE of WE1..li NCO 2 0 2 8 571
THE WISTING WELL 111US7i BE PLUGGED AND ABANDONED
ACCORDING ;TO THE REVISED AND AMENDED RULES AND
REGULATIONS FOR WATER WELLAND PUMP INSTALLATION
CONTRACTORS, THE ENCLOSED AFFIDAVIT MUST BE
SUBMITTED WITHIN SIXTY (60) DAYS AFTER THE
CONSTRUCTION E THE NEW WELL, AFFIRMING THAT
WELL NOfj2028 5-FWAS PLUGGED AND ABANDONED.
WELL NO . 0 a e F - f= IS THE SAME WELL AS THE
BRANNEN WELLVWEICH WAS DECREED IN CASE NO.
W-1200.
TOTALIZING FLOW METER MUST BE INSTALLED ON
TIE WELL DISCHARGE WHEN THE WATER IS PUT TO
BENEFICIAL USE , DIVERSION RECORDS SHALL BE
SUBMITTED UFON REQUEST TOME DIVISION OF WATER
RESOURCES. ,e4x
APPLICATION APPROVED
PERMIT NUMBER 0 9 0 85"� F
DATE ISSUED NOV 2 61975
NOV 261976
EXPIRATION DATE
B Y
!.5) THE LOCATION OF THE P`-'i}.''SSEI:) WELL and 'he nrenon
which the water will he used mi. indicated on the dlac). un luaow.
Use the CENTER SECTION (1 secuc,n, 640 acres) for the well location.
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— -f — H- --- -1-- - I - — — - �-
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NORTH
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MILE, 5280 FELT
- 1- - I - {-
NO`IT11 SLCIION LINE
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G,4,Q7EL
TIO LINE
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x".33 S
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Bounded Figures)
An . e.loot covers 1 acre of land 1 foot deep
1 c.ui. lots psr second (cis) .. 449 gallons per minute (gpm)
A tanu.y 01 5 will require approximately 1 acre -lout of water per year
1 acre-foot :.. 43,560 cubic feet ... 325,900 gallons.
1,000 yprn pumped continuously for one day produces 4.42 acre•leei
(6) fi 1_L MUST BE LOCATED '-
by ..lances from section lines. ,-
t7 L� It. lrol l _oe)7/cy
,..2-(/`21/ (norm or south)
ft. from
(east or west)
l -OI. /I° BLOCK( FILING u
SUBDIVISION _____
sec:
IIne
sec. lil
(7) TRACT ON WHICH WELL WILL BE
LOCATED
Owner: ,'S M,(1/-0// „g90P,
No. of acres 22- Will this be
the only well on this tract? : 4 5
(8) PROPOSED CASING PROGRAM
Plain rasing
-in. oin ft to O ft.
in from ft. to ft.
Perforated casing
— in. from ft. to w ft.
in from ft. to ft
(9) FOR REPLACEMENT WELLS give distance 0
and direction from old well and plans for plugging
it:
e /7- ./70 Sc� o 7-
ore
CL-iL/C/�/7✓ lid
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owners): Yo l(/%L/✓ /,r2-'QT/L
/- ,'o ti' z.0 y 64 U,7�%G` G,.-7''.�C ti Lc!=- j c-[7-5%
egal description: dr=l� ." ./s/*f ° L2_ / ;L4 J- .7
U'.SC.sll i TUN or the use of ground v✓ate'
domestic
10 Ge used. 2l L'
No. of acres:
weds rnust indicate type of dtspcsol
(12) nllil_ED_f I_�J .1. 7UTS used on this land, including wells.
Type or right Used for (a. POse)
Description of land on which used
(131 THE APPLICANT(S)
STATE(S) THAT THE 'NFORMATION SET FORTH HEREON IS
TRUTO THE BEST OF HIS KNOWLEDGE.
7,
SIG ATURE OF APPLICANTS)
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