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Home My WebLink About2.0 BOCC Staff Report 10.12.1998REOUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: o BOCC t0lt2l98 An exemption from the definition of subdivision. Theodore & Katherine Christie A tract of land located in portions of Section 33, T5S, R92W of the 6th P.M., Located approximately 3.5 miles northeast of Rifle, off CR 233 37 Acres Well ISDS CR 233 o hflo,'otpru PROJECT INFORMATION AND STAFF COMMENTS A/R/RD L Rf,LATIONSHIP TO THE COMPREHENSTVE 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. U. DESCRIPTION OF THE PROPOSAL A. Site Description. The parcel is located offCR 233 The parcel slopes gently to the south, with v existing single family house and various outbuildings. (See location map pg. B. Project Description: The parent tract of land to be subdivided consists of 33.5 acres, o o which has received an exemption of one (1) lot in 1997. The current proposal indicates the creation of three (3) exemption parcels of 10.7, 10.2 and 12.6 acres. (See proposed map pg '7 ) All Lots are proposed to share an existing well and to use ISDS. Access is offCR 233 for all Lots, with Lots 2 and 4 via tow separate road easements created as part of the Antlers Orchard subdivision at the turn of the century. Iu. MAJOR ISSUES AND CONCERNS 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 createdfrom any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January l, 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 naturalfeuture, 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 exemptionwith regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicab le ; " The applicant, who has created one exemption parcel in the past, has the right create another three exemption parcels. Zoning The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. Legal Access'. Legal access will be provided by CR 233. The access easements indicated on the plat will have to be at least 25' rn width, meeting the minimum frontage on a public road required by the regulations. The access easements will have to be legally described on the exemption plat required prior to finalizing the exemption. D Water and Sewer. The applicant is proposing the use of an existing well located on Lot 4, with a well sharing agreement. Prior to the approval of an exemption plat, the applicant will need to demonstrate that the well can meet the following criteria: A. B C 1) 2) That 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 3) 4) 4- o o s) lots; An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. 6) Sewer. The existing house has an Individual Sewage Disposal System that rs functioning presently. The remaining lots have adequate area for an ISDS. 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. Drainage: The parcel to be created by exemption, in its natural state, is not subject to any drainage or flooding problems, and no drainage easements occur within the area ofthe parcel to be created. Fire Protection. The applicant has included a letter from the Rifle Fire Protection 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.(See letter pg. -) 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. TV. SUGGESTED FINDINGS That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 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. 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. E F G H I 2 1 J V. RECOMMENDATION Staffrecommends APPROVAL, with the following conditions of approval: 3" 1 2 o o 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. That the applicant shall have 120 days to present aplat to the Commissioners tbr signature from the date of approval of the exemption. That the applicant shall submit $200.00 in School Site Acquisition Fees for the creation of the exemption parcel. 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". Prior to the approval of an exemption plat, the applicant will demonstrate that the spring will meet the following: That 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 J 4 6 1) 2) 3) 4) -4 o o lots; An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates, Sr5a l,/a, l'( 1re'J ^ , If the spring is to be shared, a water sharing agreement will be filed "ltAuruft{with the exemption plat that defines the rights of the property owners to water from thetpr*ag- s) 6) (\*|$*ln- h*t* 7 7) That ttre 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 wittr any municipal or centralized water and/or sewer system, the subieclprope-rJy owners shall be required to connect to said service and ,lrou. uny "*irtiffi.fih'3aots) and individurl ,.*ug. disposal systems(s) which may be located on said property, within one year of the effective date of service availability." 5-