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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.18.20014 , - c, ut' w v v� 6.eA,-1 Sc(, (evi,t_ Pci/mAAAA4,0 citeA,-1/4(X)90`St^ 1---4vvek&_3:0"ws © S �� NY-1 �aI - JI'� �a nD�BOCC S�-� REQUEST: APPLICANT: LOCATION: PROJECT INFORMATION AND STAFF COMMENTS SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: An exemption from the rules of subdivision. 3b(C2William and Sandy Heley Located along County Road 306, southwest of the Town of Parachute, CO. A tract of land situated in a portion of Section 35, Township 7 South, Range 96 West of the 6th P.M. 40 +/- Acres Shared Well ISDS Direct access to County Road 306 A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: According to the Garfield County Comprehensive Plan of 2000, this site lies in the "Outlying Residential" area which has a suggested maximum density of 1 unit per 2 acres. II. DESCRIPTION OF. , : 1.,; +7- .6Pt�.�.dF �^(5�11�j��C�1 t4� THE PROPOSAL A. Site Description and Development Proposal: The property is situated in a volcanic outwash on the northwest slope of Battlement Mountain. The property is bisected by a deep, rocky gulch, which delivers spring water to an adjacent property. The eastern portion is very steep and rocky, rendering it inaccessible. A gently sloping irrigated grass pasture occupies the central part of the property. The western portion of the property, where the 8 acre split will occur, is a rocky knoll covered with juniper. The northern boundary of the property is formed by an existing road, and an underground gas line, for which an easement at least partially exists. B. Applicability: Section 8:10 allows the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board Page 1 of 8 determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. M. REFERRALS L.1 "° 60\171a S The application was referred to the following review agencies for comments: -ra,p, AeS'A. Grand Valley Fire Protection District: See letter, page . The GVFPD has not stated 3e."'"`-' any objections to the proposal, and has listed the necessary minimum requirements. dl. �Q 00,13. Garfield County Road and Bridge Department: To date, no comment has been received. 5► Q {'P C. Garfield County Engineer: To date, no comment has been received. rry� ,tiy D. Town of Parachute: To date, no comment has been received. '96a - MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total ofEbur (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 Recorders 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 or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural 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; 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." The applicant has provided proof of ownership in the form of a recorded warranty deed (book 1182, page 842). The parent parcel was about 160 acres in size from which three parcels existed at the time the application was made: the 40 ac. subject parcel (Heley), an adjacent 40 acre parcel (Jones), and an adjacent 80 acre parcel (Nocks). Based on the information provided, the property appeared to qualify for exemption at the time the application was deemed technically compliant (5/15/01). However, it has come to staff's attention that since that time, a property split and conveyance has occurred. The Nocks 80 acre parcel now exists as two (2) forty (40) acre parcels. As a result, there is some question as to whether the Heley property now qualifies for exemption, since a total of four (4) lots has been created from the parent parcel. Section 8:52A of the regulations states that no more than four (4) lots will be created from any parent parcel, as that parcel was described in the Clerk and Recorder's Page 2 of 8 Office on January 1, 1973. It further specifies that all tracts of land 35+ acres, created after January 1, 1973, will count towards the 4 allowed exemption parcels. The regulations do not specify that splits occurring after the application date will not count. Therefore, staff believes that a literal reading of the regulations would prohibit the requested exemption. Regardless of whether or not the request is approved or denied, no further exemption lots would be permitted under Garfield County regulations. B. Comprehensive Plan: The proposal does not appear to be inconsistent with the comp plan. C. Zoning Regulations: The subject property lies in the A/R/RD district. The applicant is responsible for complying with the zone district requirements. These requirements include maintaining the "live stream setback" of 30' from the high water mark of any stream (section 5.05.02). D. Legal and Physical Access: Section 8:52 C states: All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained, or are in the process of being obtained; A road has not yet been constructed. The proposed accessis''via a 30' wide access easement from County Road 306. The Heleys purchased and merged .862 acres from Klotzbac1 and .745 acres from Pasiewicz for this purpose. 1-!f)+ u4' 6161 . 4-1 �' Vet') ems+! Gad tri ..r ,aN. ,. � ,c_ 4.- oe i l n� �. s , �� -�,,� a. 6 q<4.1� gym" tf, At, �� d a. e ..„ �. r •,, -/ �•',', f r ' '� "' 4 i ''= °%...AA The applica it must obtain a driveway permit prior to final approval of the -J exemption. The road must be installed prior to final approval of the exemption. t A.fie 4 526° cr,-6k3 E. Water: Section 8:52 D of the Subdivision Regulations states the following:11VICk", GI -45 The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; The application contains a copy of well permit #232512. This permit allows for domestic use within three single family dwellings, fire protection, the watering of domestic animals, and the irrigation of not more than one acre of home lawn and gardens. The legal water rights appear adequate. The well will be shared by the two (2) Iots and access easements for the potable water distribution system are indicated on the plat. The application does not contain a copy of a well sharing agreement. The application contains evidence that a neighboring well, permit #223233, produces Page 3 of 8 OPeS ju 46, s PjP (P 10 g.p.m. and was drilled to a depth of 155 feet. Based on this information, it appears that it may be possible to provide adequate physical water to the proposed lots. The applicant must comply with section 8:42 (D) prior to final approval of the exemption, which states as follows: a _ ,,A ' 3. )6J.9t4. 5 7. A four (4) hour pump test be performed on the well to be used; A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. The application does not contain any evidence of irrigation or ditch water rights. F. Sewer: Individual Sewage Disposal Systems (ISDS) are proposed. G. Soils: Lot 1 (the 8 acre lot) primarily occupies the Ildefonso stony loam, 6-25% (#33), and occupies the Potts loam, 6-12% slopes (#56), in the extreme northwestern portion of the lot. Lot 2 (the 35 acre remainder lot) occupies the Potts loams, 3-12% slopes (#55, 56), the Ildefonso stony loam, 25-45% slopes (#34), and the Potts- Ildefonso complex, 12-45% slopes (#58, 59). The soils of Lot 1 appear mildly_ constrained by large stones and steep slopes. The soils of Lot 2 present more severe constraints including large stones, low strength, shrink swell, and steep slopes. Staff believes that building envelopes should be designated on the final exemption plat which restrict development from areas occupied by ,the Ildefonso stony loam (#34) and the Potts-Ildefonso complex (#58,59). A��a�si developmert to roughly the western half of the property. HL Drainage: The property is bisected by a deep, rocky gulch, which delivers spring 4tki/ water to an adjacent property. As mentioned previously, the zoning regulations �01 require a live stream setback of 30' from the high water mark of any stream (section 5.05.02). Page 4 of 8 2 The application does not address -drainage issues. Any new buildings should avoid areas of natural drainage. --Natural drainages should be preserved to the maximum extent possible. J1uilding envelopes are designated as described in the "soils" section above, and any necessary culverts are installed under the new access road, Staff does not have a concern about drainage issues. Fire Protection: The application lies within the Grand Valley Fire District (GVFPD) and was submitted by both the applicant and County to said district for comments. The GVFPD has not stated any objections to the proposal, and has listed the necessary minimum requirements. A storage tank at least 2,500 gallons in size must be located within 150 feet for residences 3,500 square feet or less, with sprinkler systems encouraged. Residences larger than 3,500 sq. ft. must provide both adequate storage (to be determined) and a sprinkler system. In all cases, said storage must have a 4 '/z" hydrant connection capable of providing 500 g.p.m. In all cases, access/egress and defensible space must meet the CSFS NFPA 299 standard. As long as the applicant adheres to the recommendations of the GVFPD, and includes appropriate plat notes and covenant, staff does not have any fire protection concerns with the application. (o r w wt`J sly► U J. Mineral Rights: The application states that 100% of all mineral and royalty rights belong to William and Sandy Heley, the applicants. In the future, it is possible that the exemption lots could be conveyed separately from the mineral rights. Since potential for mineral exploration may exist, a disclosure to all potential lot owners must be included in the Qovenants, plat notes, and at the time of closing. ',Attie */ t- 4 o wv-ea`t_S K. Utilities and Easements: All easements, a 'st�nd proposed, must be shown on the plat. Particular attention should be paid to the spring which delivers water to an adjacent lot. L. School Impact Fees: Prior to the approval of the final plat, the applicant will be required to pay the applicable school site acquisition fee, as adopted by the County, for each newly created lot (approximately $200.00, subject to change). V. STAFF RECOMMENDED FINDINGS Due to the question of whether or not the property qualifies for exemption, Staff recommends three positive findings and recommends the Board make a fourth finding, as noted below: 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 Page 5 of 8 heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption has been 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 //;fes." met the requirements of section 8:00, Exemption, of the Garfield County Subdivision Resolution of 1984, as amended. VI. RECOMMENDATION: If the Board determines that the property does not qualify for exemption, Staff recommends DENIAL of the application. If the Board determines that the property qualifies for exemption, Staff recommends APPROVAL of the application with the following conditions: Z13 conljtaiS 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; 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension, and area of the proposed lots, 25 ft. wide 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 (until 10/18/01) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of the exemption parcels prior to approval of the exemption plat; 5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards shall be complied with. 6. That the applicant submit a copy of an approved driveway permit for Lots 1 & 2 prior to finalization of the exemption plat; That the recommendations made by the Road and Bridge Department shall be followed. 7. The access roadway to the parcels shall be installed prior to final approval of the exemption, and shall be maintained adequately to accommodate the weights and turning radius' of emergency apparatus to permit access during adverse weather conditions. A legal road sharing agreement, which discusses all costs associated with the maintenance of the road, who will be responsible for paying these costs, and how assessments will be made for these costs, shall be filed with the exemption plat. LM- 0 d 1 -J AdA Page 6 of 8 !c 8. Prior to final approval of the exemption plat, the applicant shall furnish the following: 1. A four (4) hour pump test be performed on the well to be used; 2. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 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. If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 10. The plat shall identify building envelopes which exclude areas occupied by the live stream setback, steep slopes, and areas occupied by the Ildefonso stony loam (#34) and the Potts- Ildefonso complex (#58,59); As a result, development would be limited to roughly the western half of the property. 11. A disclosure to all potential lot owners regarding the potential for mineral exploration and recovery must be included in the covenants, plat notes, and at the time of closing. 12. The Grand Valley Fire Protection District's recommendations shall be followed, including, but not limited to the following: A water storage tank at least 2,500 gallons in size must be located within 150 feet for residences 3,500 square feet or less, with sprinkler systems encouraged. Residences larger than 3,500 sq. ft. must provide both adequate storage (to be determined by the Fire District) and a sprinkler system. In all cases, said storage must have a 4 1/2" hydrant connection capable of providing 500 g.p.m. In all cases, access/egress and defensible space must meet the CSFS NFPA 299 standard; 13. That the following plat notes shall appear on the Final Exemption Plat: "A water storage tank at least 2,500 gallons in size must be located within 150 feet for residences 3,500 square feet or less, with sprinkler systems encouraged. Residences larger than 3,500 sq. ft. must provide both adequate storage (to be determined by the Fire District) and a sprinkler system. In all cases, said storage must have a 4 '/s" hydrant connection capable of providing 500 g.p.m. In all cases, access/egress and defensible space must meet the CSFS NFPA 299 standard." Page 7 of 8 "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries." "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. sew., 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". "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". "No further divisions by exemption from the rules of Subdivision will be allowed." "Any new buildings shall avoid areas of natural drainage. Natural drainages shall be preserved to the maximum extent possible." "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. 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." "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." Page 8 of 8 REIVED APR 2 0 2001 GRAND VALLEY FIRE PROTECTION DISTRICT 1777 S. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 April 20, 2001 Bill & Sandy Heley 2257 Fawn Ridge Court Grand Junction, Colorado 81503 Bill & Sandy, After speaking with you regarding your subdivision project west of Parachute at or near the Una area, I offer the following as minimum requirements for such a proposal. The options available to you include either a local water supply for each residence or a central pressurized water supply for all residence as well as fire protection sprinklers. Because of the size of your project, it would appear that the localized water supply systems (NFPA 1231) and fire protection sprinkles might be better suited to provide such protection. The use of sprinklers in new construction is always encouraged, and has proved to be both cost effective and to have made the critical difference in the "saving of a structure". The key element of a 13D system is to provide enough suppressant to get the occupants out of the residence. The system is designed to provide a 10 -minute water supply. In a normal urban setting, with prompt notification to the fire department, a response and extinguishment can be started during this 10 -minute time frame. However, with a small volunteer fire department, which does not staff fire station crews, response times can be much longer. Hence, it is hoped the sprinklers provided enough time for the occupants to leave, but the fire has most likely continued to burn, and after the 10 -minute period of water delivery, the fire may again start actively burning. The recommendations of NFPA 1231 are to have a water supply located within 150 feet of a residence, a 4 '/z" hydrant connection capable of providing 500 gpm and a capacity to be determined by the square footage of the residence. After consulting other agencies within Garfield County, a minimum size of 2500 gallon tank per lot is a reasonable requirement for residence under 3500 square feet. Sprinkler systems would be optional for residence up to 3500 square feet. Residences over 3500 square feet will need to have both the calculated size storage tank and .a sprinkler system to provide initial knockdown capabilities. As far as access / egress requirements & defensible space, the Colorado State Forest Service has recommended using the NFPA 299 standard, Protection of Life and Property from Wildfire. c." 1111111 11111 IIIII111111111111111111111 III 1111111111111 f".'J 582500 06/12/2001 04:10P B1260 P357 M ALSDORF eXe�^ 1 of 1 R 5.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED �.® THIS DEED, made this /Z ?It of June, 2001, between SCOTT C. NOCKS and JUDY A. NOCKS of the County of Garfield and the State of Colorado, grantors, and ��>CHRISTOPHER S. NOCKS, whose legal address is 7101 County Road 306, Parachute, CO 81635, �, of the County of Garfield and State of Colorado, grantee. WITNESSETH, that the grantors, for and in consideration of the sum of Ten ($ 10) dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee, his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantors have in and to the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: Township 8 South, Range 96 West of the 6'h P.M., Section 2: Lot 1 TOGETHER WITH an easement for ingress and egress and all utilities extending along the South thirty feet (30') of Lot 2, Section 2, Township 8 South, Range 96 West of the 6'h P.M. from County Road 306 to said Lot 1, Section 2; EXCLUSIVE OF any water and water rights, ditches, and ditch rights of way that are appurtenant to the property, which are hereby reserved by grantors; EXCLUSIVE OF any oil, gas or other minerals appurtenant to the property which are hereby reserved by grantors; and RESERVING unto grantors, their heirs, successors, and assigns, any and all ditch rights of way over the property, including the Old Trusty Ditch, together with a right of way to access and maintain the same; also known by street and number as: undefined, Parachute, Colorado 81635. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns forever. IN WITNESS WHEREOF, the grantors have executed this deed on the date set forth above. SCOTf C. NOCKS STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. The foregoing instrument was acknowledged before me on this / day of June, 2001, by SCOTT C. NOCKS and JUDY A. NOCKS. Witness my hand and official seal. My commission expires: 1- 5- - 03 Notary Publi