HomeMy WebLinkAbout2.0 BOCC Staff Report 03.02.2009Exhibits for Public Hearing: 0310212009 Board of County Commissioners
Exhibit
A Proof of Publication
B Proof of Mailing
c Zoning Resolution of 1978, as amended
D County SuMivision Regulations of 1984, as amended
E Comprehensive Plan of 2000 , as amended
F Application
G Staff
H PowerPoint
Emailfrom the Garfield County Road and Bridge dated February 17,
2009 from Jake B. Mall
BOCC 03t02t09
SH
PROJECT INFORMATION AI\ID STAFF COMMENTS
Exemption from the Definition of Subdivision
Aaron Daler & Kristina Swanson
REOUEST
OWNERS
LOCATION
SITE DATA
WATER
SEWER
ACCESS
EXSTING ZONING
ADJACENT ZONING
COMPREHENSTVE PLAN
REGULATIONS
1225 CR226 (north between Rifle and Sil| in
theBl/Z of the SE1/4 of Section 3, Township
5 South, Range 92 West of the 6tr PM
18.009 acres
Cistern
ISDS
Private Driveway to CR 226
Rural (A/R/RD)
Rural (A/R/RD)
Study Area2 (Outlying Residential)
Garfield County ZonngResolution of 1978;
Garfreld County Subdivision Regulations of
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I. DESCRIPTION OF THE PROPOSAL
The Applicants request approval for an Exemption from the Definition of Subdivision to formalize
the creation of the subject 18.009-acre property into a legally recorded parcel. As a matter of
background, the Applicants attempted to obtain a well permit from the Division of Water Resources
for the property but were denied because the property is not considered to be a legally created parcel.
The County has been treating this property as a separate parcel with an assigned number since 1991
under the Accessor's Parcel Number 2127-034-00-135. A building permit, septic permit and
Certificate of Occupancy were issued for the property in 1996. The application is being submitted to
obtain the exemption that should have been applied for and received inl979,at the time the property
was subdivided from the parent parcel. Wastewater is to be handled by an Individual Sewage
Disposal System. Access to the subject property is presently provided by gravel road from County
Road,226. The property is characterized primarily by moderately sloping sage / juniper rangeland
with significant vistas looking south. The photo below was taken from CR 226 at the southeast
corner of the property and looking northwest across the northwest half of the Parcel.
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II. REFERRAL COMMENTS
Staff referred the application to the following agencies / County Departrnents for their review and
comment. Comments received are attached as exhibits and incorporated into ttre memorandum where
applicable:
A) Town of Silt: No Comments Received
B) City of Rifle: No Comments Received
C) Garheld County Road and Bridge Department:
General Comments: Garfreld County Road & Bridge Department has no objections to this
application with the following comments dated February 17,2009:
If a driveway access permit has not been issued for this location, a new driveway access
pennit shall be applied for. If a driveway access permit can be shown, the driveway access
permit requirement for this application shall be exempted.
The approval of this application will not change the total haffic volume on County Road,226
D) Rifle Fire Protection District: No Comments Received
III. MAJOR ISST]ES. AI\D CONCERNS
A. Subdivision Exemption Reeulations / Prope4v Eligibiliqy
Section 8.52 of the Garfield County Subdivision Regulations states that uNo 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 Ofice on
January I , 197 3. In order to qualifyfor exemption, the parcel as it extsted on January I , I 97 3,
must have been larger than thirtyfive (3 5) acres in size at thot time and not o part of a recorded
subdivision; however, any parcel to be divided by exemption that is spltt by a public right-of-
way (State or Federal highway, County road or railroad), preventingjoint use of the proposed
trocts, and the division occurs along the public right-of-way, 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 applicable. For the
purposes of definition, all tracts of land thirtyJive (j5) acres or greater in size, created afier
January I, 1973, will count as parcels of land created by exemption since January l, 1973."
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StaffFindine
The parent property on January l,1973 was larger than 35 acres (160 acres as ofJanuary l,
1973) as demonstrated by the deed history provided by the Applicant. Since that time, the parent
property appears to have been split twice into a total of three parcels. This exemption split of
I 8.009 acres (subj ect properly) n 197 9 , appears to be the first split by Exemption allowed under
the regulations. The second split appears to have occurred in 1983, where 67 acres were split
from the parent property. Staffis concerned that the subject property split was not approved by
the BOCC as an exemption in 1979, because it was less than 35 acres. However, the net result is
still the same, in that the subject property is still eligible to be split by exemption. This standard
is met.
Timeline of Parent Propertv Exemotions from Mav 1952 to November 1983
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B. Zonrne.
The property is located in the Rural Zone District, formally known as the Agricultural /
Residential / Rural Density (A/R/RD) Zone District. Section 8:52(8) states that the Board shall
not grant an Exemption unless the division proposed for exemption meets the all of County
zoning requirements. The proposed lot sizes and uses comply with the underlying zoning. The
property is larger than the minimum lot size of 2 acres and provides arnple room for the
proposed residential use to be located within setbacks and comply with lot coverage
requirements. This standard is met.
C. Leqal Access
The subject property has access to CR 226by way of a private gravel driveway entering from
the south boundary of the property. This property is owned by Aaron Daler and Kristina
Swanson and contains 18.009 acres and was originally part of the larger parent property as it
existed inl973. When it was sold by ha and Vivian Langstaffto Ivan ScarlettinlgTg,a formal
exemption was not filed from the County Subdivision Regulations. The Applicants bought the
properly in September 2'1, 2002 from Donald and Jewel Hultquist. The property has been
"bought and sold" two more time since it was sold to Ira and Vivian Langstaffin1979. Thus,
without having the subject properly reconfigured i, aoy way, the legal transfer oftitle was made
for the same property during a twenty-three (23) year period.
D. Domestic / krigation Water
The subject property does not have an existing well permitted by the Colorado Division of
Water Resources. An application was submitted to the Division of Water Resources for a well
permit but was returned for needed additional information as a recognized parcel. Presently, the
Applicant(s) haul water to the site by way of a cistem with the intention of applying for a well
permit with the Colorado Division of Water Resources once an exemption is granted by the
BOCC. Neighboring properties have permitted wells within close proximity of the Applicants
property. But being the property is not deemed as being legally created, the Colorado Division
of Water Resources will not issue a well permit. There are existing ponds on site but how much
supply is available during the summer and fall for usage would be predicated on seasonal
fluctuations. It is anticipated that the applicants will be granted a well permit once the Board of
County Commissioners approves the exemption.
E. Sewer / Wastewater
The subject property is presently improved with a single-family manufactured home served by
an Individual Septic Disposal System (ISDS). The ISDS is comprised of a 1000 gallon septit
tank with an absorption trench area of 490 square feet, which was permitted by the Garfield
Coturty Building and Sanitation Department in May of 1996. The soils in the area are generally
identified as the Lazear-Cushman-Asclon complex. These soils are related by shallowto deep
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in depth, well drained, on moderately sloping to very steep grades. These soils have been
identified on mountains, mesa breaks, and alluvial fans.
F. Fire Protection
The property is located in the Rifle Fire Protection District. The Application contains an email
dated December I 1, 2008, from the District stating that the property lies within the boundariesof the district where fire and emergency medical services are provided to ttre area by the
District. The District response to this area would normally co-. o1rt ofthe main station located
at 1850 Railroad Avenue in Rifle. There is no approved water supply for fre protection in this
area. It was referred to the Rifle Fire Protection District with noresponse.
G. Mineral Rigtrts Owner
It is not clear if the mineral estate of the subject parcels have been severed from the surface
estate. By the application, it appears that all of the mineral rights for the property are owned by
the Bureau of Land Management.
STAFF RECOMMENDED FINDINGS
1. That proper oosting 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 palties
were 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, *o*Ir, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application has met the requirements of Sections 8:00 of the Garfield County
Subdivision Regulations of 1984, as amended.
STAFF RECOMMENDATION
Staff recommends the Board Apnrove the request for an Exemption from the Definition ofSubdivision for Aaron Daler and Kristina Swanson with the following conditions:
l. That all representations made by the Applicant in a public hearing before the Board of
County Commissioners shall be considered conditions &approval udlss otherwise amended
or changed by the Board.
2' The Applicant shall include the following text as plat notes on the Final Exemption plat for
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recordation with the Garfield County Clerk:
a. Control of noxious weeds is the responsibitity of the property owner.
b. one (l) dog will be ollowedfor each residential unit within a subdivision and the
dog shall be required to be confined within the owners property boundaries.
c. No open hearth solid-fuelfireplaces will be allowed anywhere withtn an exemption.
one (I) new solid-fuel burning stove as defied by c.l?.s. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed tn any dwelling unit. All
dwelling units will be allowed an unrestricted number of natural gas bulning stoves
and appliances.
d. All exterior lighting shalt be the minimum dmount necessary and that all exterior
lighting be directed irruard and dowrmvard, towards the interior of the subdivision,
except that provisions may be made to allowfor safety lighting thit goes beyond theproperty boundaries.
e. colorado is a "Right-to-Farm" state pursuant to c.R.s. 35-3-101, et seq.
Landowners, residents andvisitors must be prepared to accept the activities, sighi,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural choracter and a healthy
ranching sector. Those with an urban sensitivity may perceive such activities, sighti,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
low and County policy provide that ranching,farming or other agricuhural activities
and operations within Garfield County shall not be considerrd to be nuisonces solong as operated in conformance with the law and in a non-negligent manner.
Therefore, all must be prepared to encounter noises, odor, lights, iui, dust, smole
chemicals, machinery on public roads, livestock on public roads, storage and
disposal of manure, and the applicotion by sprayin[ or otherwise of ciemical
fertilizers, soil amendments, herbicides, and pesticidei, any one or more of which
moy naturally occur as apart of a legal and non-negligent agricultural opirations.
f All owners of land, whether ranch or residence, hoye obligations under State low
and County regulations with regard to the maintenanc, ilrnrtt and inigation
di tc he s, c o ntr o l l ing w e e ds, ke ep ing l iv e s t o c k and p e t s unde i io ntr o l, us i ng pr ope r ty
in occordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to leqrn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory sourcefor such information is "A Gutde to Rural Living &-Small Scale
Agriculture" pttt out by the Colorado State (Jniversity Extension ffice in Gar/ield
County.
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g. Addresses are to be posted where the driveway intersects the County road. If a
shared drtveway is used, the address for each home should be postid to cleirly
identtfy each address. Letters are to be a minimum of 4 inches in'height, ,/, inch in
width and contracts with background color.
h. Driveways should be constructed to accommodate the weights and turning radius of
emergency apparatus tn adverse weather condition.
i. Combustible materiols should be thinnedfrom around structures so as to provide a
defensible space in the event of awild tandfire; and
i. Due to the lack of current Jire protection water supply and travel distance to the
area, the RiJle Ftre Protection District would likely experience dfficulties in
extinguishing a large Jire.
k The mineral rights associated with this property (also known as Daler/Swanson
Subdivision Exemption) hove been partially severed and are not fully intact or
transferued with the surface estate therefore allowing the potential for natural
resource extraction on the property by the mineral estate owner(s) or lessee(s).
3. The Applicant shall be required, if deemed necessary, to obtain a driveway access permit
from the Road and Bridge Departnent for access * it
"oro"cts to cLz26.
4. The Applicant obtains a well permit through the State of Colorado, Division of Water
Resources, for a legal source of water supply.
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GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: February 12,2009
Comments Due: February 2512009
Name of application: Daler/Swanson Exemption
Sent to
Garfield County requests your comment in review of this project. Please notiff the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff Contact: Scott Hall
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments:Garflreld Countv Road & Bridse Department has no obiections to
this annli with the followins comm
If a drivewav oermit has no been for this location a new driveway access
can
rccess nerrnit ent for this annl shall be exemnted-
The aonroval this aoolication will not the total traffrc vol ume on Cr.226.
Name of review agency:Garfield Road and Bridse Deot
By: Jake B. Mall Date Februar.v 17. 2009
Revised 3/30/00
