HomeMy WebLinkAbout2.0 BOCC Staff Report 05.06.2000BOCC 05 -Jun -00
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Exemption from the Definition of a
Subdivision.
APPLICANT: Central Aggregates, Inc.
LOCATION: A tract of land located in portions of Section
17, T6S, R93, generally located one half
mile East of the Town of Rifle and
immediately South of the Highway 13 by-
pass and South of US Highway 6.
SITE DATA: A 41.4 acre parcel of land to be divided into
two tracts of land, one approximately 12.0
acres, and one of which will be
approximately 29.4 acres.
WATER:
An existing well and if necessary augmented
by a contract for storage water from the
West Divide Water Conservancy.
SEWER: ISDS
EXISTING AND ADJACENT ZONING:
The subject property is zoned A/I.
Immediately east of subject property is a
tract of land located inside the City of Rifle
and zoned Open Space.
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in Study Area III of the Comprehensive Plan and this
request generally conforms to the Issues, Goals, Objectives, Programs and Policies set
forth under Natural Resource Extraction Section III, Chapter 9.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The parcel is located between US Highway 6 to the North and
the Colorado River to the South and East. Existing improvements on the
property include an office and shop. Currently the land is being used to extract
aggregates and other raw building materials. The land is river bottom therefore
mostly flat and sloping toward the Colorado River.
B. Project Proposal: The applicant is proposing to split a 41.4 -acres tract of land
into two (2) parcels of approximately 12.0 and 29.4 acres each. The split of the
property would be along the thirty-foot access easement that extends some
774.08 feet through the property before turning to the east. It is proposed to
share a well and if augmentation is needed, obtain a contract for storage water
from the West Divide Water Conservancy. If this petition were granted, the new
29.4 -acre parcel would develop a separate ISDS. The Petitioner and Con-sy,
Inc. is currently occupying the proposed 12 -acre parcel. Con-sy, Inc. wishes to
acquire the proposed 12 -acre parcel from Central Aggregates to continue its
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operation. Central Aggregates wishes to retain the remaining 29.4 acres of the
parcel they presently own to conduct its own business operations, and for future
development purposes.
C. History: Richard White of White and Sons requested and received a Special Use
Permit, Resolution Number 84-83 on 30 -Apr -84, to extract and process natural
resources, specifically an open pit sand and gravel mine. On 14 -May -84 the
Garfield County Commissioners adopted Resolution Number 84-90 allowing the
owner to operate a temporary asphalt batch plant. This Resolution was later
amended by Resolution 84-101 that allowed the plant to continue for said length
of time and increased truck traffic. The ownership of this mine and the Special
Permit was transferred to Central Aggregates by Warrantee Deed, dated 10 -
May -88 and duly recorded in the Clerk and Recorder's Office on the same date.
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], 1973. In
order to qualify for exemption, the parcel as it existed on January 1, 1973, must
have been larger than thirty-five acres in size at the time and 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),
preventing the joint use of the proposed tracts, and the division occurs long 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
lot, parcel, interest or dwelling unit limitation otherwise applicable. For purposes
of the definition, all tracts of land thirty-five acres or greater in size, created after
January 1, 1973, will count as parcels of land created by exemption since January 1,
1973.
This request meets these criteria in the following ways: Only two (2) lots will be
created if this request for exemption is approved. The parcel of property to be
divided was created from three smaller properties prior to January 1, 1973.
B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as
required by the A/I zone district. The applicant received an approval to conduct this
natural resource extraction though the purchase of the property from Richard E. and
Atta Dee White on 08 -May -88. The expansion of the land area does not expand
permit area without amending the Special Use Permit.
C. Legal Access: Access to both lots will be from US Highway 6 and Private Way
License from the Union Pacific Railroad, contract number 28766. A plat note
should be placed on the exemption plat stating that the property is subject to a
Private Way License from the Union Pacific R/R, which may revoke the License
with limited notice.
D. Water: Domestic water comes from an individual well permit number 34730, dated
26 -Jul -68 allowing for a maximum yield of ten (10) GPM or CFS. The applicant
further states that should water becomes an issue they would be willing to augment
the short -fall by entering into an agreement with West Divide Water Conservancy.
The applicant has the right to pull 'h of 1 cubic foot of water per second out of the
Pioneer Ditch. Also, a conditional water right consisting of the West Rifle Pit
Pumping Plant, adjudicated by decree dated 18 -Mar -82 for 1 cubic foot of water per
second of time of industrial use with a priority date of November 1980 as originally
decreed in Case Number 81CW275 and from which reasonable diligence thereon
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was decreed in Case Number 86CW013 of Water District No. 5. Also, a conditional
water right consisting of the West Rifle Pit, being ten (10) acre feet of storage water
for piscatorial and recreational use, with a priority date of 01 -May -81 as decreed on
08 -Feb -82 in original Case Number 81CW111, and for which reasonable diligence
was found in Case Number 85CW268 of Water District No.5. Prior to the approval
of an exemption plat, the applicant will demonstrate that all wells will meet the
following criteria:
1) That a four 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 hour pump test indicating the pumping rate in gallons
per minute and information showing down draw and recharge;
4) A written opinion of the person conducting the well test that this well
should be adequate to supply 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 laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
7) A water sharing agreement will be filed with the exemption plat that defines
the right of the property owners to water from the well.
E. Sewer: Currently this property is served by an ISDS; Permit Number 240 dated 08 -
Dec -75.
F. State and Local Health Standards: Colorado Department of Public Health &
Environmental ISDS standards require the County to issue an ISDS for all such
systems installed in the County. At this time there is one ISDS operating on this
property (permit number 240, issued 08 -Dec -75). If the applicant intends to go
forward with the plans outlined in the narrative, another ISDS will be required. In
that case they will need to go through the permitting process.
G. Drainage: This entire piece of property appears to be located in the 100 -year flood
plain. Because of this both parcels could be prone to flooding. The 100 -year flood
plain will be shown on the plat map.
H. Fire Protection: The applicant has requested, though not yet received, from the Rifle
Fire Protection District availability of fire protection services and any safety
concerns they deem appropriate to mention.
I. Easements: Any required easement (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 school site
acquisition fee for each newly created lot, prior to the approval of the final plat.
IV. RECOMMENDATION
Staff recommends APPROVAL of this request for an Exemption from the Definition of
Subdivision with the following conditions:
1. All buildings, equipment and resource stock -piling be located outside the
established 100 -year flood plain. And the 100 -year flood plain is shown on
the plat map.
2. No mining is allowed closed than fifty feet from the normal high water
mark of the Colorado River.
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3. Because the property directly west of this site is zoned Open Space it is
conceivable that the City of Rifle may at some time in the future develop
this into a park or similar use. In that case the property owner will be
required to provide effective and eye -pleasing screening.
4. The Private Way License that grants access over the Union Pacific Railroad
appears to be solely for the use of the Licensee, it's employees and those
having business with the licensee, it does not appear to be transferable.
Therefore the applicant will have to provide written documentation that all
landowners associated with this property have the railroad's permission to
cross the tracks.
5. Comments from the Rifle Fire Protection District will be made a part of this
file. Any conditions that the Fire District might have will be considered
part of these conditions and an obligation of the applicant.
6. All school site acquisition fees will be paid and a copy of the receipt made
part of this file.
7. A water sharing agreement will be filed with the exemption plat that defies
the rights of the property -owners to water from the well.
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