HomeMy WebLinkAbout2.0 BOCC Staff Report 01.18.1999BOCC 1/18 /99
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: A request for an exemption from the definition
of subdivision.
APPLICANT: Joan Savage
LOCATION: A tract of land located in portions of Section
6, 7TS, R94W of the 6th P.M.; Located
approximately 7241 C.R. 301, Holmes Mesa,
Rifle CO
SITE DATA: 35 +/- Acres
WATER: Well
SEWER: ISDS
ACCESS: CR 301
EXISTING/ADJACENT ZONING: A/R/RD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in District C- Rural Area Moderate Environmental
Constraints as designated by the 1984 Garfield County Comprehensive Plan Management
District Map.
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located 2 '/2 miles south of Rullison on Holmes
Mesa. The property slopes gently to the north and has the head of a minor drainage
running centrally through the property. (See location map Exhibit B)
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B. Project Description: The parent tract of land to be subdivided consists of 35 +/-
acres. The current proposal indicates the creation of three (3) exemption parcels of
16, 11 and 11 acres. (See proposed map Exhibit A) All Lots are proposed to share
an existing well and to use ISDS. Access is off CR 301.
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 of the 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 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;"
The applicant, has included appropriate documentation to satisfy this requirement.
(See Exhibit C)
B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as
required by the A/R/RD zone district.
C. Legal Access: Legal access will be provided via C R 301. All access points should
conform with County and Grand Valley Fire Department standards.
D. Water and Sewer: The applicant is proposing the use of a single existing well with
a well sharing agreement to service all three lots. The applicant has indicated that
the existing well has never received a well permit. A permit has been applied for
(See Exhibit F), and the well should conform to the following standards:
1) That 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;
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5) An assumption of an average or 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, suspended solids and
nitrates.
7) Because the well is to be shared, a water sharing agreement shall be
filed with the exemption plat that defines the rights of the property
owners to water from the well.
Sewer: The existing house has an Individual Sewage Disposal System that is
functioning presently. The remaining lots have adequate area for an ISDS.
F. State and Local Health Standards. No State or Local health standards are applicable
to the application, with the exception of Colorado Department of Health ISDS
setback standards, which should be verified by an engineer, as suggested by the
previous plat note.
G. Drainage: The parcel to be created by exemption, in its natural state, is suitable for
development. Placement of homes within the central drainage should be avoided.
H. Fire Protection: The applicant has included a letter from the Grand Valley Fire
District, who noted that the property is in the district and can be served. They reserve
the right to comment on any future development proposals, and they have specific
concerns regarding wildfire. (See Exhibit G)
Easements. Any required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption plat.
J. School Impact Fees The applicant will be required to pay the $200.00 school site
acquisition fee for each newly created lot, prior to the approval of the final plat.
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.
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V. RECOMMENDATION
Staff recommends APPROVAL, with the following conditions of approval:
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 lot, 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 to present a plat to the Commissioners for
signature from the date of approval of the exemption.
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4. That the applicant shall submit $200.00nin School Site Acquisition Fees fob
creation of the exemption parcels,
5. That the following plat note shall appear on the Final Exemption Plat:
"Control of noxious weeds is the responsibility of the property owner."
"One (1) dog will be allowed for each residential unit within a subdivision 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. 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".
"All exterior lighting be the minimum amount necessary and that all exterior
lighting 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".
"Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the
important contribution agriculture makes to this County. Nuisance complaints made
against customary and legal agricultural operations and practices will not be
pursued."
Li
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" That the applicant, and any future property owners of said property agree to, as
a condition of future continued approval of the special use permit, that if, in the
future event that the property described by this special use permit, has the
reasonable ability to connect with any municipal or centralized water and/or sewer
system, the subject property owners shall be required to connect to said service and
remove any existing well head(s) and individual sewage disposal systems(s) which
may be located on said property, within one year of the effective date of service
availability."
"All residential construction shall be consistent with the Colorado State Forest
Service (CSFS) recommendations for construction of homes contained in the CSFS
publication "Wildfire Protection in the Wildland/Urban Interface" and "Model
Regulations for Protecting People and Homes in Subdivisions and Developments."
6. Prior to the approval of an exemption plat, the applicant will demonstrate that the well
will meet the following:
1) That 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 or 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, suspended solids and
nitrates.
7) Because the well is to be shared, a water sharing agreement shall be
filed with the exemption plat that defines the rights of the property
owners to water from the well.
r
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The applicant shall abide by the NFPA 299, Standard for Protection of Life
and Property from Wildfire recommendations as it relates to driveways.
a) All driveways shall provide a minimum unobstructed width of 12 ft.
(3.7 m) and a minimum unobstructed vertical clearance of 15 ft (4.6
m).
b) All curb cuts at entrances to driveways or other private ways shall be
of sufficient width to permit safe travel by emergency vehicles at all
times of year.
c) Turnouts shall be designed and constructed every 400 ft.
(122 m) along the driveways length.
d) A turnaround shall be provided at all building or structure sites on
driveways over 300 ft (91 m) in length shall be within 50 ft (15.2 m)
of the building or structure.
e) Where applicable, all driveways shall conform with NFPA 1141.
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