HomeMy WebLinkAbout2.0 BOCC Staff Report 07.06.1999• •
BOCC 7/6/99
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Carl & Ruth Bernklau
LOCATION: A tract of land located in portions of Section
4, T7S, R94W of the 6th P.M.; Located
between Cache and Spruce Creek, 7880 CR
309
SITE DATA: 196.08 Acres
WATER: Well
SEWER: ISDS
ACCESS: CR 329
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN:
This area lies in District D of the 1984 Garfield County Comprehensive Plan. District D —
"Rural Areas/Moderate Environmental Constraints Fair Ability to Absorb Growth" states:
This district includes all lands which are not serviceable from an existing
municipality or subdivision with water or sewer services and have moderate
environmental constraints to development. Site specific areas of minor or severe
constraints may be included in this district.
Moderate environmental constraints should include, but are not limited to areas of
minor rockfall, 17-24% slopes, debris slide, minor mudflow, potential subsidence
due to hydrocompactive soils or mining activity, high water table, and slow
percolation.
Staff finds that this proposal is in general conformance with the comprehensive plan.
Page 1 of 6
• •
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located on CR 329 east of Cache Creek and west
of Spruce Creek. (See location map pg. 4'3). The parent tract of land to be
subdivided consists of 196.08 acres from which four (4) exemption parcels of 190,
2, 2 and 2 acres in size more or less.
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
determines that such exemption will not impair or defeat the stated purpose of the
Subdivision Regulations nor be detrimental to the general public welfare.
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 provided proof of ownership in the form of a recorded warranty
deed (book 286, page 540). The parcel is 196.08 acres and has not been divided
since 1973. Therefore, it has been determined that the applicant qualifies for
exemption which may result in four (4) or fewer lots. This request will result in four
(4) lots: three lots of 2 ac. each and one lot of 190 acres. No further division by
exemption will be allowed if this request is approved.
B. Legal Access: Access will be provided CR 329. The applicant needs to obtain the
necessary driveway permits.
C. Water & Sewer: Section 8:52 D of the Subdivision Regulations states the following:
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,
Page 2 of 6
• •
quantity and dependability, and a suitable type of sewage disposal to serve
each proposed lot;
The applicant states that three (3) new wells and three (3) new ISDS will be
provided. The applicant needs to provide proof of legal, adequate source of water for
each of the lots created by this exemption. A note from Mr. Bernklau was received
on 6/30/99 (see pagee- ). Staff did not receive a copy of the actual contract. Based
on the information provided, it appears that the applicant may be able to secure the
necessary water rights. However, at this point in time it can not be determined
whether a legal, adequate source of water exists. It would be prudent to delay
decision on the exemption request until proof of a legal, adequate source of water is
provided. If the applicant decides to use a shared well, a well sharing agreement
shall be provided.
The Colorado Department of Health setback standards apply.
D. Geologic & Hydrologic Conditions: The soils in this area (general types are
Potts-Ildefonso-Vale) are generally deep, well drained, gently sloping to steep soils
on mesas, alluvial fans, terraces and benches.
E. Fire Protection: The applicant has included a letter from the Rifle Fire Protection
District dated 1994 (see page 5 ). The Fire Marshall has requested future
involvement with this application. The applicant should obtain another, recent letter
to insure fire safety status has not significantly changed.
F. Easements. Any required easements (drainage, ditch, access, well maintenance,
utilities, etc.) are required to be shown on the exemption plat.
G. 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. 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 can NOT be
determined to be in the best interest of the health, safety, morals, convenience, order,
Page 3 of 6
prosperity and welfare of the citizens of Garfield County.
4. That the application has NOT fully met the requirements of the Garfield County
Subdivision Resolution of 1984 a.a. Section 8.:0 0, Exem dx
15t-Gu RECOMMENDATION:cep-1-1x(uM LS 2
{>m
Pursuant to Sections 8:42 D and 8:52D, Staff recommends CONTINUANCE of this item
until proof of a legal, adequate source of water is provided.
Once this necessary information is provided, Staff will likely recommend APPROVAL of
this application with the following conditions:
1. In order to ensure that the proposed exemption is in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County:
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. Pursuant to Section 8:33 of the Garfield County Subdivision Regulations:
A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension and area of the proposed lots, 25 ft. wide accesses to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities;
3. Pursuant to Section 8:33 of the Garfield County Subdivision Regulations:
That the applicant shall have 120 days to present a plat to the Commissioners for signature
from the date of approval of the exemption;
4. Pursuant to Section 8:42 I of the Subdivision Regulations:
That the applicant shall submit $600.00 in School Site Acquisition Fees for the creation of
the exemption parcels prior to approval of the exemption plat;
5. Pursuant to Section 8:52 B and 8:60 D of the Subdivision Regulations:
That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
6. Pursuant to Section 8:52 C of the Subdivision Regulations:
The applicant shall obtain the necessary driveway permits prior to issuance of any building
permits.
7. Pursuant to Section 8:52 G of the Subdivision Regulations:
That the applicant submits a new letter of approval from the Rifle Fire District and pays any
associated impact fees prior to approval of the exemption plat;
Page 4 of 6
8. Pursuant to Section 8:42 D:
Prior to the approval of an exemption plat, the applicant shall provide proof of legal and
adequate source of domestic water for each lot created and will demonstrate that the water
supply 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) If the well is to be shared, a legal well sharing agreement 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 will be
filed with the exemption plat;
7) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria, nitrates and suspended
solids;
9. Pursuant to Section 8:6011,2,&3, and Section 8:52 A of the Subdivision Regulations and
Section 1.08 of the Zoning Resolution:
That the following plat notes shall appear on the Final Exemption Plat:
"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"
Page 5 of 6
"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 6 of 6
• •
RIFLE FIRE PROTECTION DISTRICT
July 26, 1999
Carl Bernklau
7880 County Road 309
Rifle, CO 81650
Reference: Proposed Subdivision exemption, County Road 329
Mr. Bernklau,
The Rifle Fire Protection District has recently reviewed the proposed land
on county road 329, for the purpose of a subdivision exemption. It is the
understanding that this land, located approximately 1 mile up county road 329
will be divided into a single lot which will allow for the construction of a single
family dwelling.
The above property is within the Rifle Fire Protection district, and the
district will therefore provide fire and emergency medical services to this
area. In order to assist the district in ease of providing these services as
efficiently as possible, the following recommendations should be taken into
consideration upon developing this property:
1. Access: County road 329, in the area of this land will need to be maintained
year round, to ensure access of both fire apparatus and ambulances.
Additionally, consideration will need to be made when constructing the
driveway, as to allow for easy access for larger apparatus.
2. Defensible space: The fire protection district recommends that all
homeowners building.in these types of areas provide an area around the home
free of ve>etation. is area will aid in protecting the structure in the event of
a wildlanfire.
3. Construction Materials: The district recommends the use of a classified
roof covering and non-combustible siding materials to minimize threats from
a wildland fire.
4. Posting of Address: In order to assist the Rifle Fire Protection District, as
well as other agencies that may respond to this address, it is required that the
address be posted near the public road. This Posting is to consist of numbers
at least 4 inches in height, and at least 1/2 inch in width, and should contrast
with the background.
As evidenced in the above information, the Rifle Fire Protection District is
concerned about the threat of widland fire in this area, and would be available
to consult the homeowner on suggestions on this topic. Thank you for your
cooperation, and please don't hesitate to call should you need any further
assistance.
Sincerely,
Peter Bradshaw
Firefighter/EMT
Telephone (970) 625-1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650
• •
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING/ADJACENT ZONING:
BOCC 5/3/99
An exemption from the definition of
subdivision.
Carl & Ruth Bernklau
A tract of cated in portions of Section
4, T7S, ' 96W of the 6th P.M.; Located
between . e and Spruce Creek on CR 329
196.08 Acres
Well
ISDS
CR 329
A/R/RD
if
oy\C)r
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 determines that such exemption will
not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the
general public welfare.
The Board shall make exemption decisions in accordance with the requirements of Section 8:00,
Exemption. Following a review of the individual facts of each application and in light of the
requirements of these Regulations, the Board may approve, conditionally approve or deny an
exemption request.
The Board has determined that leases, easements and other similar interests in land for oil and gas
facilities; and an accessory dwelling unit or two family dwelling that are subject to leasehold interest
only and complying with the requirements of the Garfield County Zoning Resolution, are exempt
from these regulations.
1
• •
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located on CR 329 east of Cache Creek and west
of Spruce Creek. (See location map pg. '/ )
B. Project Description: The parent tract of land to be subdivided consists of 196.08
acres from which four (4) exemption parcels of 185.08, 2, 2 and 2 acres in size more
or less.
M. 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 provided the following:
Proof of Ownership Unrecorded Warranty Deed
The parcel is indicated as 196.08 acres
Staff research indicates that the parcel has been divided 5 times since 1973:
Book 568 Page 037 4 parcels 40.22, 40.38, 40.52 acres and
Book 1040 Page 543 7.75 acres with a 67.21 acre tract remaining.
The information provided to staff is insufficient to determine qualification for
exemption. Staff feels that the applicant does not qualify for any further exemptions.
B. Legal Access: Legal access will be provided CR 329.
C. Water & Sewer: The applicant states in their letter that water and sewer will be
provided. There is no indication of the adequacy of this statement.
2
• •
F. Geologic & Hydrologic Conditions: The applicant has not provided information on
this subject.
G. Fire Protection: The applicant has included a letter from the Rifle Fire Protection
District dated 1994. A more recent assessment of the application should be provided.
H. Easements. The application does not indicate any easements.
IV. BOARD ACTION: At or within fifteen (15) days of the meeting, the Board shall approve,
conditionally approve or deny the exemption request. The reasons for
denial, or any conditions of approval, shall be set forth in the minutes
of the meeting or in a written Resolution. An applicant denied
exemption shall follow the subdivision procedure in these Regulations.
A plat of an approved or conditionally approved exemption shall be
presented to the Board for signature within 120 days of approval. The
plat shall include a legal description of the exempted property, and
Exemption Certificate, the County Surveyor's Certificate and a state,
if four (4) lots, parcels, or interest have been created on the parcel,
that "NOTE: No further divisions by exemption from definition will
be allowed." The plat shall be recorded with the County Clerk and
Recorder no later than thirty (30) days after the Chairman's signature.
The Chairman of the Board of County Commissioners shall not sign
a plat of a conditionally approved exemption until all conditions of
approval have been complied with.
V. 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 is not in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
4. That the application as submitted does not meet the requirements of the Garfield
County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption, Subsection
52(A).
3
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HILLTOP FARM
7880 309 Road
Rifle, colorado 81650
Mr. Eric D. McCafferty
Garfield County Planner
109 8th. Street, Suite 303
Glenwood Springs, Colorado 81601
Dear Sir:
Enclosed please find a request for exemption which we
are submitting on the following land and for the following
reasons:
1. This will provide homesites for a neice and for hired
help.
2. It will provide some added income for ranching and
ro help support our retirement as, due to failing health,
we cannot handle the burden of farming adequately without
help.
3. This is land which will not affect the agricultural
production of the surrounding land and remaining ranch.
Its best use is home sites with trees, shrubs and hilly land
all in place.
4. It fits into the overall planning and zoning of Garfield
County.
5. These lots will have individual wells, septic tanks
and leach fields. Area is not located in a flood plane.
6. It has access to and from County Road 329 to all
• •
of the area requested and, also, it is within the Rifle Rural
Fire District and is served with electricity from Holy Cross
Rural Electric Association.
Enclosed is a copy of the Deed, also Soil Conservation
soild maps, the U. S. West Telephone is to property line.
There is an existing well that is adequate with Greem
Mountain Water contract for augmentation water. We can also
use West Divide Water Conservation District augmentation
water.
We feel this request for variance fits into the overall
planning and zoning for Garfield County and will appreciate
your reveiw of this application.
Sincerely.
Carl H. Bernklau
Account
Acc
Min
N Owner Name/
V. Time
02:24 PM
BERNKLAU, PAUL A. & CARLA R.
Year
1999
District (J.T.)
024 939 COUNTY ROAD 329
Apr Dist
St RIFLE CO 81650
A
Parcel Number
240504200079
MH Space
Sequence
Street No
000939
Dir
No#
(
Street Name
COUNTY ROAD 329
Type
Location City ?
Location Zip
81635
Acct Type
Lagt
PARACHUTE
BACode
Owner Id
Owner Location
Map No
Business Name
Name
Situs
Mobile
Tract
Condo
Block
Sales
Misc (M)
Tax Items
Pre/Suc
Remarks
Tax Sale
Spec As
Mines
Sibling
Flags
Protest (T)
Mobile Aut
Value
Railroads
Control
History
CAMA (A)
Personal (P
Oil and Gas
e? Twn?
Bik/Lot Condo? He?! Sales?
59.050000
Legal Description
SECT,TWN,RNG:4-7-94 DESC: A PCL IN LOT 2
& SWNE CONT. 7.75 AC. BK:0568 PG:0037
BK:0693 PG:0048 BK:0662 PG:0522 BK:0568
PG:0037 BK:0565 PG:0797 BK:0528 PG:0076
BK:0300 PG:0430 BK:0263 PG:0461 BK:0199
PG:0360 BK:0093 PG:0314 BK:1040 PG:0543
PRE: R247129
Version
19990422001
V. Date
22 -APR -99
V. Time
02:24 PM
ID
RD
Appl
ECAM
Land Actual
54,000
Land Assessed
5,260
Land AC/SF
7.750
Impry Actual
126,820
Imp Assessed
12,350
Square Feet
0
Exempt Actual
0
Exempt Assess
0
New Version
19990428000
Total Actual
180,820
Total Assess
17,610
Current Year
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