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Home My WebLink About2.0 BOCC Staff Report 04.12.1999PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: BOCC 4/12/99 An exemption from the definition of subdivision. Thomas & Elizabeth Cook A tract of land located in portions of Section 2, T6S, R93W the 6th P.M.; Located approximately 154 Acres Well ISDS CR 312/ access easement A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN eas • =11 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. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is located proximate to New Castle on Garfield Creek. The site is gently sloping to the south. (See location map pg. /0 ) Project Description: The parent tract of landbe subdivided consists of 154 acres The current proposal indicates the creation oftr exemption parcels of 5, 5 and 149 acres. (See proposed map pg. 9 ) All Lots are proposed to utilize existing well —�- • • permits and all lots are proposed to use ISDS. Access is off CR 312 with a single road easement. 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 sufficient historic evidence through deeds for the exemption. B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. C. Legal Access: Legal access will be provided CR 312 and an access easement across lots 1 to Lot 2 and a separate access for lot 3. D. Water: The applicant is proposing the use individual wells for each lot created. Prior to final plat, the following conditions will apply to each new well serving the exemption lots: - 1) That a four (4) hour pump test be performed on the well to be used prior to summer irrigation activity in the area; 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) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids. 02 • • The application does not indicate if separate irrigation water is to be provided to the lots. The applicant should provide a method for large area irrigation given the size of the lots. E. Sewer: All lots have adequate area for an ISDS, but site specific soils investigation and engineering may be required to safely place any system. 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. G. Drainage: The parcel to be created by exemption, in its natural state, does not appear to be prone to flooding or other drainage problems. Site specific investigation prior to issuance of a building permit may be required. H. Fire Protection: The applicant has not included a letter from the District. This letter should be provided prior to approval of a final plat. I. 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. IV. SUGGESTED 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 in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 1. 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. 3 • • 2. 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. 3. 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. That the applicant shall submit $200.00 in School Site Acquisition Fees for the creation of the exemption parcel. 5. That the following plat notes 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". "Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued." "Specific geological hazards may be encountered during the placement of structures and septic systems. Site specific analysis for placement may be required." 6. Prior to the approval of an exemption plat, the applicant will demonstrate that all new wells 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) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 7) If any well is to be shared, a water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. 7. That the applicant, and any future property owners of said property agree to, as a condition of future continued approval of the --sped use permit, that if, in the future event that the property described by this spP�l�e--perTit, has the reasonable ability to connect with any municipal or centralized water and/or sewer system, the subject property owners shall be required to connect to said service and remove any existing well head(s) and individual sewage disposal systems(s) which may be located on said property, within one year of the effective date of service availability." 8. Repair and maintenance of the access easement shall be the responsibility of the property owners subsequent tp recordation of the subdivision. / // ec e e55 pt ---/b. A Z Z ?) /-e P d <1 -- ((erre, -)-(0,4-e, iv/ i(ehoo'/`E 5 MEMORANDUM (j1 Cnn TO: BOARD OF COUNTY COMMISSIONERS t -‘e- C21+0 if,. FROM: GARFIELD COUNTY PLANNING DEPARTMENIV i°14AJC11444A- SUBJECT: EXEMPTION LAO* a4&4.LA.La Pc 1 pe --i eLez—t-n . ateta DATE: 12/13/99 2-. Thr-ritteerttliej al(),pny.ett cApc,±r_;y, 96 6ettiLe_ petAdcas t CC: BETH COOK a (10/yneut,..-1,--t fetAxijIVOIC3Y-c2- ^-10100--ta CAO etta- c:"1. ) 0 at fot,t-ct) atiktit* rvi,re\A-thettA , Tho_ ez2A,4.. pi Et KAL4.4 The Planning Department has received a request to change the number of lots previously approved by the Board of County Commissioners (see attached letter dated 11/9/99). The Cook exemption, as previously approved, would have allowed the creation of three (3) parcels of 5, 5, and 142 acres. The applicant is now seeking to create one (1) 10 acre and one (1) 142 acre parcel instead. Staff has placed this item on the regular agenda, instead of the consent agenda, to allow the Board of County Commissioners to determine: 1) If the applicant needs to re -notice the proposal for a new public meeting. OR 2) If the Board finds that the change is not significant and is a lesser impact than the original proposal, allow final approval of the exemption plat and resolution. The applicant has otherwise met all the/conditions of approval. Staff has included a copy of a resolution in the event the Board of County Commissioners approves of the proposed changes and finds the public does not need to be re -noticed. • , ,y4-) 611' \IyA x6)-' t)