HomeMy WebLinkAbout2.0 BOCC Staff Report 03.06.2000BOCC 03/06/00
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST An exemption from the definition of
subdivision.
APPLICANT Linda Craig, and Barton F. Porter
LOCATION A tract of land located in Ell2NWlA and
N1/2SW1/4 of Section 35, T65, R93W of 6tr
P.M.; located approximately four (4) miles
southeast of Rifle, west of County Road
319.
SITE DATA 161.9 +l- Acres
WATER Single well
SEWDR ISDS
ACCESS Private road off of County Road 319
EXISTING ZOFIING AgriculturallResidentiallRural Density,
A/R/RD
AI}JACENT ZOI\IING North, West, South: Open/Space O/S
East:A/R/RD
L DESCRIPTION OF THE PROPOSAL
Site Description: The property is located west of County Road 319, and is
accessed offa private road offof County Road 319, approximately four (a) miles
southeast of Rifle. The parent tract of land to be subdivided consists of 161.9
acres from which four (a) exemption parcels of 6.52,6.52,6.52 and142.34 acres
in size more or less are proposed to be created.
Applicabilitv: Section 8:10 of the SubdivisionRegulations, 1984, as amended,
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.
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II. RELATIONSHIP TO THE COMPREHENSTVE PLAN
The northern portion of the proposed 142.34 acre parcel lies within District F of the
Garfield County Comprehensive Plan, 1984, as amended. District F - "Rural
Areas/Severe Environmental Constraints". The rest of the subject property lies within
District D - "Rural Areas/Ivloderate Environmental Constraints."
District F states, "it is the policy of the County to consider lands within this District
unsuitable for development, except for site specific cases where development may be
possible." Since only the northerly portion of the proposed 142.34 acre parcel is within
this District and the rest of the lot (the majority) is within District D, this lot as a whole
should be considered as essentially being within District D. However, anyone planning
on developing on this parcel should be aware of the severe environmental consfraints of
the northerly portion. A plat note to this effect will need to be included on any Final Plat
submitted for recording.
District D states:
This district includes all lands which are not serviceable from an existing
municipality or subdivision withwater 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 mud/Iow,
potentiol subsidence due to hydrocompactive soils or mining activity, high
water table, and slow percolation.
Stafffinds that this proposal is in general conformance with the Comprehensive Plan.
III. MAJOR ISSUES AND CONCERNS:
A.Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that:
No more than a total offour (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 naturalfeature, preventingjoint use of the proposed
tracts, and the division occurs along the public right-of-way or
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B.
natural feature, such parcels thereby created may, in the
discretion ofthe Board, not be considered to have been created by
exemption with regard to thefour (4) lot, parcel, interest or
dw e I I ing unit I imitat ion ot herw i s e appl i cab I e.
The applicant has provided proof of ownership in the form of a recorded Quit
Claim Deed (Book ll62,Page 803). The applicant's Title company has
determined that the subject property, "has remained in the same configuration
since the patent was recorded on December 8, 1916 in Book 92 atPage 299 of the
Garfield County Records." 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 6.52 acres each, and one lot of 142.34
acres. No further division by exemption will be allowed if this request is
approved.
Lesal Access: Section 8:52 (C) of the Garfield County Subdivision Regulations,
1984, as amended states, "All lots created will have legal access to a public right-
of-way and any necessary access easements have been obtained or are in the
process of being obtained."
The proposed lots are proposed to be accessed via a private road which crosses
over an adjacent piece ofproperly to the east ofthe subject property to gain
access to County Road 319. The information submitted by the applicant includes
a recorded dedication of a right-of-way (access easement) "to the public for its
general use and benefit for roadway purposes." Since this easement is "to the
general public", it will have to be accepted by the County. This will require an
Exemption Certificate statement on the plat to this effect on any Final Plat to be
recorded. Further, since this easement is to "the public", no locked gates or other
structures will be allowed across this easement which would restrict access. A
plat note to this effect will have to be placed on any Final Plat to be recorded. The
submitted map accompanying the recorded easement document shows the
existing access as not being within the 60'wide access easement. This
information has been corrected with additional information received from the
applicant on February 11, 2000, which essentially states that the "existing access"
as indicated on the map is an old access and in fact the current existing access is
within the access easement.
To guarantee access to proposed lots 1, 2, and 3, the access and utility easement
to all of these lots, on the subject property, as depicted on the submitted plan
must be dedicated to an entity other than the current owner of the subject
properly. This is necessary since an easement cannot be dedicated across a parcel
of land to the owner of that parcel of land being the applicants in this case. Thus,
a Home Owner's Association must be formed to act as the grantee of the
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easement from the grantor (the applicant's). This Home Owner's Association
must accept the access and utility easement on the subject properly as depicted on
the submiued plan and ensure that access will be provided to Lots 1,2, and3 in
perpetuity.
Since the proposed access to the lots on the subject property will be a private
road, a road management plan/agreement will need to be completed and included
as a covenant of the Home Owner's Association. This plan/agreement must
include how the road on the subject property as depicted on the submitted plan
will be maintained to provide year-round access for standard automobiles to all
lots within the subdivision exemption. This will include but not be limited to
designating the Home Owner's Association as the entity that will maintain the
road to a standard that will be accessible to standard automobiles on a year- round
basis. A description of maintenance to be performed on the access road must be
included in the plan/agreement and must include but not be limited to snow
removal, grading and other required maintenance to ensure year-round access.
How maintenance of the road will be financed must also be included in the
plan/agreement. This plar/agreement will be a condition of recording of any Final
Plat, and will need to be recorded as a covenant to the Home Owner's
Association prior to or with any Final Plat recording. A plat note will have to be
included on any Final Plat submitted for recording which states that each lot
within the Subdivision Exemption is subject to all covenants of the Home
Owner's Association.
Section 8:52 (B) of the Garfield County Subdivision Regulations states, "All
Garfield County zoning requirements will be met." Since the proposed access is
to be via a private road, Section 5.01.05 of the Garfield County Zoning
Resolution,1978, as amended, is relevant and states, "Each lot in separate
ownership, unless otherwise provided for under a Planned Unit Development,
shall have at least twenty-five (25) lineal feet of frontage on a street right-of-way,
either dedicated to the public or to a private association or on a private road and
reserved in perpetuity through private agreement to provide access to the lot."
This requires that the required access easements as discussed above, be a
minimum of twenty-five (25) feet wide for their entire length and be reserved in
perpetuity. The applicants are proposing a sixty (60) foot wide easement as shown
on the submitted plan which would meet the width requirement. However, this
must be agreed upon in perpetuity within any and all required easement
agreements.
Garfield County Road and Bridge commented on February 11, 2000 with the
following recommendations:
1. Developer must obtain a driveway permit from the Road and Bridge
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Department.
Entrance will be required to meet all drainage and sight recommendations.
All traffic control devices will be installed by the developer and will
conform to the manual on uniform traffic control devices.
Water and Sewer: Section 8:52 D of the Subdivision Regulations states the
following:
The Board shall not grant an exemption unless the division
proposedfor 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, quantity and dependability,
and a suitable type of sewage disposal to serve each proposed lot.
The applicant is proposing the sharing of the existing well (well permit number
221948) on proposed parcel4 between proposed parcels 1,2 and 3. This well is
approved for fire protection, ordinary household purposes inside up to 3 single
family dwellings, the irrigation of not more than one acre of home gardens and
lawns, and the watering of domestic animals. Since this well is to be shared
among lots 1,2, and 3, a well sharing agreement between these three lots must be
completed and included as part of the Home Owner's Association covenants. This
well sharing agreement must include but not be limited to how each of lots 1,2,
and 3 will have an interest in the well to ensure adequate water supply. How
common infrastructure (well, pipes etc) will be constructed, maintained and
financed must also be included in this agreement. Further, it should be stated
within the agreement that individual property owrers are responsible for the
construction and maintenance of the portion of the infrastructure (pipes etc.)
located on their property and providing water solely to their properly. This must
be completed and recorded as part of the Home Owner's Association prior to or
in conjunction with any Final Plat recording.
Since proposed lot 4 is 142.34 acres in area, it is assumed that it can be issued an
additional well permit to satisfactorily serve its needs.
As a condition before recording any Final Plat and pursuant to Section 8:42 (D) of
the Subdivision Regulations, the proposed physical water supply for lot 1,2, and
3 shall demonstrate the following:
1. That a four (4) hour pump test be performed on the well to be used;
These recommendations will be conditions of Final Plat recording.
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A well completion report demonstrating the depth of the well, the
characteristics of the acquifer 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 lots;
An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per p€rson, per day'
If the well is to be shared, a legal, well sharing declaration which
discusses all easements and costs associated with the operation and
maintenance of the system and how assessments will be made for these
costs;
The water quality tested by an independent testing laboratory and meet
State guidelines conceming bacteria and nitrates.
The applicant is proposing ISDSs for each proposed lot.
The Colorado Department of Public Health and Environment setback standards
apply.
Geologic & Hydrologic Conditions: The soil types identified on the subject
property are Olney Loam (51), and Torriorthents (67). Included in the description
of Olney Loam (51) within the U.S. Soils Survey reference is "Community
development and recreation are limited by steep slopes and low strength."
Included in the description of Torriorthents (67) within the U.S. Soils Survey
reference is "Community development is limited by Rock outcrop, steep slopes,
and stoniness. These limitations can be overcome by appropriate design and
construction." With this in mind a plat note must be included on any submitted
Final Plat to be recorded which reads, "Engineered building foundations and/or
septic systems may be required to mitigate potential soil constraints."
A site inspection was conducted on February 10, 2000 to further investigate the
concerns of these soils with specific reference to steep slopes. Section 5.04.02 (2)
of the ZorungResolution states, " Such lots shall
have a minimum building envelope of 1 acre in an area that has less than forty
percent (40o/o) slopes," The site inspection determined that each proposed lot
appears to have at least a minimum of 1 acre in an area that has less than forty
percent (40%) slopes.
Fire Protection: Section 8:a2 (G) states and requires that, "Fire protection has
been approved by the appropriate fire district and impact fees are paid, based on a
study of the fiscal impact on the district by new subdivision development,
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approved by the Board of County Commissioners and Planning Commission."
As a condition before recording of any Final Plat, the applicant must obtain and
submit a letter from the appropriate fire protection district approving fire
protection for the proposed parcels, and must pay the impact fees as they are
determined.
Easgments: All easements including but not limited to access easements, utility
easements, and easements for the well sharing agreement must be shown on any
Final Plat for recording. Access easements must be completed as discussed above
in the section on legal access.
Oil and Gas: The subject property has a gas well located in close proximity to two
(2) of the proposed lots (lots 2 and 3). The Colorado Oil and Gas Conservation
Commission regulates oil and gas operations to protect the public health, safety
and welfare. Their minimum setback distance from houses is one hundred fifty
feet (150'). Thus, all houses on all of the proposed lots must be at least one
hundred fiffy feet (150') from the existing gas well head. A plat note which reads
as follows will need to be included on any Final Plat submitted for recording:
"No houses can be built within one hundred fifty feet (150') of the existing gas
well on the subject property. This is necessary because it is often necessary to
move drilling or workover rigs as well as other heavy equipment in on wells to
perform various oil and gas operations. If it becomes necessary to perform such
operations on the subject well, the safety of residents in the subdivision
exemption may be compromised and the lots may be adversely impacted if
inadequate setbacks were not in place."
School Impact Fees: The applicant will be required to pay the $200.00 school site
acquisition fee for each newly created lot, in this case $800.00, prior to the
recording of any Final Plat.
Zonins.Reouirements: The subiect orooertv is zoned Aericultual/ResidentiaV
Rural Density (A/RIRD) and as such must comply with all zoningregulations
pertinent to this zoning as a condition of approval.
TV. STAFF RECOMMENDED FINDINGS:
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I 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
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interested parties were heard at that meeting.
That the proposed exemption can be determined to be in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens
of Garfield County.
That the application has fully met the requirements of the Garfield County
Subdivision Regulations of 1984, as amended, Section 8:00, Exemption.
V. RECOMMEIITDATION:
Staff recommends APPROVAL of this subdivision exemption with the following
conditions to be met before recording of the Final Plat:
In order to ensure that the proposed exemption is in the best interest of the
health, safety, morals, convenience, order, prosperity andwelfure 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;
Pursuant to Section 8:52 (Q and (F) of the Subdivision Regulations and Section
5.01.05 of the Zoning Resolution:
A statement which reads:
DGMPTION CERTIFICATE
This plat, approved by resolution of the Board of County Commissioners at
Garfield County,Colorado this day of A.D. 20_,
for filing with the Clerk and Recorder of Garfield County and conveyance to the
County of the public dedications shown hereon; subject to the provision that
approval in no way obligates Garfield County for the financing or constructing of
improvements on lands, public highways or easements dedicated to the public
except as specifically agreed to by the Board of County Commissioners and
further that said approval shall in no way obligate Garfield County for the
construction, repair or maintenance of public highways. Further, such approval in
no way implies that information shown herein is true or accurate but does
indicate that this plat is exempt from and not subject to regulation under Garfield
County Subdivision Regulations at the time of its filing.
Chairman
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Witness my hand and seal of the County of Garfield
Attest:
County Clerk
must be included on any Final Plat to be submitted for recording to ensure that
the easement across the property to the east is accepted by the County to ensure
access to the subject property. Further, a plat note which reads:
"No locked gates or other devices can be placed across the easement recorded in
Book ll72,Page 813, of the Garfield County records which restricts access in
any way to the lots within this Subdivision Exemption.",
must be included on any Final Plat submiued for recording.
a Home Ovvner's Association must be formed to act as the grantee of the
easement from the grantor (the applicant's). This Home Owner's Association
must accept the access and utility easement on the subject property as depicted on
the submitted plan and ensure that access will be provided to Lots l, 2, and 3 in
perpetuity.
Since the proposed access to the lots on the subject property will be a private
road, a road management plan/agreement will need to be completed and included
as a covenant of the Home Owner's Association. This plar/agreement must
include how the road on the subject properly as depicted on the submitted plan
will be maintained to provide year-round access for standard automobiles to all
lots within the subdivision exemption. This will include but not be limited to
designating the Home Owner's Association as the entity that will maintain the
road to a standard that will be accessible to standard automobiles on a year- round
basis. A description of maintenance to be performed on the access road must be
included in the plan/agreement and must include but not be limited to snow
removal, grading and other required maintenance to ensure year-round access.
How maintenance of the road will be financed must also be included in the
plan/agreement. This plan/agreement will be a condition of recording of any Final
Plat, and will need to be recorded as a covenant to the Home Owner's
Association prior to or with any Final Plat recording
Pursuant to Section 8:3j of the of the Garfield County Subdivision Regulations:
A Final Exemption Plat shall be submitted, indicating all easements including but
not limited to access and utility easements and easements for the well sharing
agreement.
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Pursuant to Section 8:33 of the Garfreld 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;
Pursuant to Section 8:a2 @ of the Subdivision Regulations:
That the applicant shall submit $800.00 in School Site Acquisition Fees for the
creation of the exemption parcels. This must be done prior to or at the time of
submission of any Final Plat.
Pursuant to Section 8:52 (B) and 8:60 (D) of the Subdivision Regulations:
That the 1978 Garfield County ZoningResolution as amended, and the Colorado
Department of Public Health and Environment standards shall be complied with.
Pursuant to Section 8:52 (Q of the Subdivision Regulations:
That the applicant submit a letter of approval from the Rifle Fire District and pays
any associated impact fees. This must be done prior to or at the time of
submission of any Final Plat.
Pursuant to Section 8:a2 @) of the Subdivision Regulations:
Since the well on the subject property is to be shared among lots 1,2, and 3, a well
sharing agleement between these three lots must be completed and included as
part of the Home Owner's Association covenants. This well sharing agreement
must include but not be limited to how each of lots 1,2, and 3 will have an
interest in the well to ensure adequate water supply. How common infrastructure
(well, pipes etc) will be constructed, maintained and financed must also be
included in this agreement. Further, it should be stated within the agreement that
individual property owners are responsible for the construction and maintenance
of the portion of the infrastructure (pipes etc.) located on their property and
providing water solely to their properly. This must be completed and recorded as
part of the Home Owner's Association prior to or in conjunction with any Final
Plat recording.
Pursuant to Section 8:a2 @) of the Subdivision Regulations:
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:
That a four (a) 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 acquifer 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 wriuen opinion of the person conducting the well test that this well
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should be adequate to supply water to the number of proposed lots;
An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
If the well is to be shared, a legal, well sharing declaration which
discusses all easements and costs associated with the operation and
maintenance of the system and how assessments will be made for these
costs;
The water quality tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
That all recommendations made by Garfield County Road & Bridge in their
memo dated 02llll00, and stated below must be complied with.
1 Developer must obtain a driveway permit from the Road and Bridge
Department.
2. Entrance will be required to meet all drainage and sight recommendations.
J All traffic control devices will be installed by the developer and will
conform to the manual on uniform traffic control devices.
Pursuant to Section 1:21, Section 8:60 (I) 1., 2., and 3., and Section 8:52 (A) of
the Subdivision Regulations and Section 1.08, of the ZoningResolution:
That the following plat notes shall appear on the Final Plat:
"Engineered building foundations and/or septic systems may be required to
mitigate potential soil constraints. "
"One dog will be allowed for each residential unit and the dog shall be required
to be confined within the owner's property boundaries."
"No open hearth solid-fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid-fuel burning stove as defined by C.R.S. 25-7-401,
et. sec., and the regulations promulgated thereunder, will be allowed in any
dwelling unit. All dwelling units will be allowed an unrestricted number of
natural gas buming stoves and appliances."
"A1l 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
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allowed."
"The northerly portion of Lot 4 may contain severe environmental constraints."
"All lots within this Subdivision Exemption are subject to the covenants of the
Home Owner's Association unless otherwise stated within the covenants."
"No houses can be built within one hundred fifty feet (150') of the existing gas
well on the subject properly. This is necessary because it is often necessary to
move drilling or workover rigs as well as other heavy equipment in on wells to
perform various oil and gas operations. If it becomes necessary to perform such
operations on the subject well, the safety of residents in the subdivision
exemption may be compromised and the lots may be adversely impacted if
inadequate setbacks wero not in place."
"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 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 of information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in
Garfield County."
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