Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 05.07.2007Exhibits for Public Hearing on 05/07/07 (BOCC) Exhibit Utter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Application G Staff Memorandum H Email to Commissioners Tresi Houpt from Jake Menke dated 5/1/07 REQUEST OWNER LOCATION • • BOCC 05/07/2007 FJ PROJECT INFORMATION AND STAFF COMMENTS Exemption from the Definition of Subdivision Colorado Rocky Mountain School, Inc Satank (Adjacent and east of Carbondale) SITE DATA 5.65 acre WATER Existing Well SEWER Existing ISDS ACCESS CR 106 (Satank Road) EXISTING ZONING ARRD ADJACENT ZONING ARRD & RLUD in County PUD in Town of Carbondale COMPREHENSIVE PLAN Study Area 1 I. DESCRIPTION OF THE PROPOSAL The Owner of the subject property, Colorado Rocky Mountain School, Inc, (CRMS) requests the Board of County Commissioners (the Board) approve an Exemption from the Definition of Subdivision to split off a 5.65 -acre parcel of land from the larger 295 -acre property. Under the present configuration, the 5.65 -acre property is already physically separated from the parent parcel containing the school campus and agricultural related activities by County Road 106 (Satank Road). This small parcel is presently improved by a single-family dwelling constructed in 1970 and is presently served by a well and an ISDS. Access to the lots is from CR 106. The remainder of the CRMS campus is presently served by central services from the Town of Carbondale. The Owner wishes to separate the property from the remainder of CRMS so that it can be sold separately from the campus. Staff understands there is a discussion underway to annex the property into the Town of Carbondale. -1- II. Property Location III. STAFF REVIEW A. Subdivision Exemption Regulations / Property Eligibility 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. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and nota 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), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, 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." Staff Finding The Application states that the property was approximately 330 acres as of 1973. The -7- • • property has decreased in size since that time due to a 52 -acre annexation and resultant conveyance of portions of those annexed lands for the "Kay PUD" (comprising 12.96 acres) and the Marketplace Property (comprising 21.76 acres). The Applicant requests the ability to split the 5.65 -acre property from the parent parcel because it is effectively separated from the parent parcel by a County Road. This regulation allows this to occur so long as the property is split by a public right-of-way which prevents joint use of the tracts. Staff finds that the 5.65 -acre parcel is split by County Road 106. Regarding joint use, the Application states that because of its physical separation by the County Road, it is difficult to integrate the parcel into CRMS campus activities. To that end, Staff agrees that the parcel is physically separated and is not easily linked to CRMS campus activities and it is also problematic to include the small parcel with the more significant agricultural -like activities on the much large4r parent tract. Staff also suggests that the parcel be developed in a residential manner similar to the densities that are adjacent and to the north of the property in Satank. Staff finds this standard has been met. B. Zoning The zoning for the 5.65 -acre lot to be created is ARRD. The proposed size and uses meet the required provisions of this zoning. This standard is met. C. Legal Access The lot currently uses an existing access driveway from CR 106. The driveway has been in place for at least the last 35 years serving the single-family dwelling on the property. Access to the remainder of the CRMS campus has been well established for many years which primarily comes from the extension of West Main Street in Carbondale which turns into CR 108. This standard has been met. D. Domestic Water Potable water for the 5.65 -acre lot to be created is currently provided by an existing well on the property which serves the single-family dwelling. The Application contains the well permit for this well. A well pump test was performed on the well on February 20, 2007 by Samuelson Pump Co. which resulted in minimal draw -down and good recovery. If the new lot is created, the well permit for this well shall need to be assigned to the new owner of the lot when conveyed. Water is presently provided by the Town of Carbondale for the larger tract containing the CRMS campus. Staff finds this standard is met. E. Sewer / Waste Water The lot proposed to be split is currently handles wastewater by way of an existing Individual Septic Disposal System (ISDS). Staff asked the Applicant to have a -3- • • professional engineer examine the system to determine if it remains suitable. To that end, Sopris Engineering, LLC reviewed the system and concluded the system is currently in use and adequately functioning. The report recommended "the system continue to be used for the single-family dwelling finding that the existing 1000 two- compartment septic tank is adequate for the estimated design flows at the home with its current usage." The larger tract containing the CRMS campus is presently served by the Town of Carbondale. F. State and Local Health Standards Staff finds that there are no State or local health issues with the present use / configuration of the two tracts. This standard has been met. G. Drainage / Floodplain The property to be created is relatively flat and is not located in a floodplain. This standard has been met. H. Fire Protection Both tracts are located in the Carbondale & Rural Fire Protection District which reviewed the Application and stated (by letter) the District will serve the tracts for both fire and ems services. The new tract to be created is subject to the District's impact fee of $437.00 to be paid to the District at the time the BOCC approves the new lot. J. Easements All easements of record shall be required to be shown on the final Exemption Plat. K. School Impact Fees As with all new exemption lots located in the RE -1 School District, a $200.00 School Impact Fee shall be required to be paid to the District at the time the BOCC approves the new lot. 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 -4- • • 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 has met the requirements of Sections 8:00 of the Garfield County Subdivision Regulations of 1984, as amended. V. STAFF RECOMMENDATION Staff recommends the Board approve the request for an Exemption from the Definition of Subdivision for the Colorado Rocky Mountain School (CRMS) with the following conditions of approval. 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. "Control of noxious weeds is the responsibility of the property owner." b. "One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owners property boundaries." c. "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. seq., 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". d. "All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". e. "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. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and -5- • operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, 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. f. "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." 3. Prior to the signing of the exemption plat the Applicant shall submit the results of a water quality test on the existing well on the 5.65 -acre tract conducted by an approved testing laboratory in order to meet State guidelines concerning bacteria, nitrates and suspended solids. 4. The property is located in the RE -1 School District which requires the payment of a $200.00 school site acquisition fee for each new lot created. 5. The property is located in the Carbondale Fire Protection District which requires the payment of a $437.00 development impact fee for each new lot created. 6. The Applicant shall convey a 60 -foot right-of-way to the County measured 30 - feet from each side of the centerline of County 106 for the length of the County Road that passes by the new 5.65 acre lot. This deeded easement of the right- of-way shall be provided in a form acceptable to the County Attorney's Office and provided with the final exemption plat materials. Further, with prior notice by the Garfield County Road and Bridge Department and prior to the construction of any upgrades to County Road 106 requiring the use of the 60' Right-of-way easement, the property owner shall remove all berms, fences, brush or other impediments to the road upgrades at the current property owner's expense. -6- Fred Jarman • • From: Treai Houpt Sent: Wednesday, May 02, 2007 8:49 AM To: Fred Jarman; 'j_menkel @msn.com' Subject: FW: Rezoning of CRMS property EXHIBIT Dear Mr. Menke; Thank you for your comments. I am forwarding your email on to our Building and Planning Director, Fred Jarman so that your letter will be included in the application to be reviewed. Tresi Tresi Houpt Garfield County Commissioner 108 8th Street, Suite 101 Glenwood Springs, CO 81601 970.384.3665 970.945.7785 - fax thoupt @_garfield-county.com Original Message From: JAKE MENKE [mailto:j_menkel@msn.com] Sent: Tuesday, May 01, 2007 7:04 PM To: Tresi Houpt Subject: Rezoning of CRMS property Dear Board of Commisioners of Garfield County. I'm writing this letter with great concern of the intentions of CRMS to sell the 5.65 acre piece of property as commercial property. My dad, Pat Menke, has lived in the adjacent property for 30 years. He has multiple sclerosis and is confined to a power wheel chair. All he has left is his view of Sopris, neighborhood cruises with his dog, and CRMS soccer games. Many of you may have seen him cruising the campus with his black lab Farina, who died yesterday. Or maybe you have seen him at one of the many CRMS graduations of kids that he has become so fond of over the years. He has always been a strong supporter of CRMS and has been a close friend of many of the teachers and headmasters. I learned to roll my kayak on the CRMS pond when I was a kid with Roger Paris, and have attended many of the slalom races. I think it would be devestating to have this property rezoned to commercial and light industrial with several buildings being built on a small 5.65 acre lot. It seems like CRMS could build a couple of houses for the faculty, or maybe use it for gardening or agricultural purposes. They could build an indoor pool for the kids to learn how to roll. I think CRMS is making a horrible mistake by selling this land for commercial purposes. A sustainablity center is definitely a good idea for the valley, but I think it is horribly unethical to put so many buildings on this small piece of land that is zoned residential. There is a meeting this coming Monday in Glenwood with the Building and Planning department that he may not be able to attend because of his disablity. I strongly urge you NOT to allow this rezoning to happen. I think you should keep this piece of property as residential or agricultural property. Dad fought very hard to have this property zoned 5/2/2007 • t • • Page 2 of 2 agricultural or residential when the road was put in place in the 80's. I urge you to come by his house and say hello, it is the log house with the wheelchair ramp that is directly behind the property you are selling. Sincerely, Jake Menke 505-263-6191 ps. Could you please forward this email to Fred Jarman 5/2/2007