HomeMy WebLinkAbout2.0 BOCC Staff Report 04.06.1998t *p
,$net
W
BOCC 4t6t98
PROJECT INT'ORMATION A}[D STAFF COMMENTS
REOUEST:An exemption from the definition of
subdivision.
APPLICANT:Michael Dooley
LOCATION:A tract of land located in portions of Section
6, T65, R92W ofthe 6th P.M.; approximately
three (3) miles west of Silt, offof CP.225.
SITE DATA:35.0 Acres
WATER:Shared well
SEWER:ISDS
ACCESS:CP.225
EXISTING/ADJACENT ZOMNG:A/R/RD
I. RELATIONSHIP TO TIIE COMPREIIENSTVE PLAN
The site for the exempted lots is located in District C, Rural Areas, Minor Environmental
Constraints, as designated by the 1984 Garfield Cotrnty Comprehensive Plan, Management
Districts Map. This designation denotes minimal or no environmental constraints and
recommends that the minimum lot size for the area be five (5) acres.
II. DESCRIPTION OF TIIE PROPOSAL
A.Site Description: The site is located approximately three (3) miles west of Silt, on
the east side of CR 225. T'be proposed tracts have CR 225 alongthe west side of the
proposed lots and an existing house with various accessory structures. The larger
lot is predominately hayfields. The properties located in the area aregenerally large
lots risidentiat or agricultural operations. (See location map p*. /. I
B Project Description: The parent tract of land to be suMivided consists of 35.0 acres,
and the proposal calls forcreating a total of two (2) parcels of 3.0 and 32.0 acres.
(See proposed map pg. .! -) The parcels will share an existing well and utilize
tD /-
o o
individual sewage disposal systems. Access will be directly offof CR 225 for both
parcels.
MAJOR ISSUES AND CONCERNS
Subdivision Regulations. Section 8.52 of the Garfield Cotrnty 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 Ofice 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 naturalfealure, preventingjoint use ofthe 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 dtvelltng unit
limitation otherwts e applicable ; "
The applicant's property was a quarter section on January l,1973 and there has been
one split by exemption of a five (5) acre tract since that time. Therefore the
application qualifies for the requested exemption.
Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as
required by the A/R/RD zone district.
Roads/Access: Legal access will be provided by CR 225. CR 225 is a narrow
county road, but relatively straight in the area of the proposed parcel. The access for
the larger parcel will have to obtain a driveway access permit from the Road and
Bridge department prior to the issuance of any building permits for the parcel.
The proposed new parcel is located in Traffic Study Area 6, which has a cost/ADT
of $210/ADT. Each single family dwelling generates 10 ADT/day, which translates
into a road impact fee of $2100 for each new lot created.
D Water and Sewer: The applicant is proposing to share an existing well that provides
domestic water to the existing house on the smaller lot. The well is a domestic well
that allows up to three (3) dwelling to share the water. See the well permit attached
on pagesJ. !Q-. An maintenance and access easement will have to be legally
described on the exemption plat. The easement will have to be a minimum of 10 ft.
wide along the water line and 20 ft. square around the well. The applicant has not
submitted information regarding the quantity and quality of the water from the well,
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
That a four (4) hour pump test be performed on the well to be used;
A well completion report demonsuating the depth of the well, the
1)
2)
-e -
o
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
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.
If the spring 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 spring.
It should also be noted in the resolution of approval and as a plat note that the legal
and adequate supply of water approved for the two larger lots is a domestic well to
be shared equally by the lots.
Sewer: The existing house has an Individual Sewage Disposal System that appears
fi.rnctioning presently. The remaining lot has adequate area for an ISDS, but may be
required to have an engineered system due to slow percolation rates for soils in the
area.
Soils/Geology: The NR&CS soils information submitted with the application,
indicates some potential for shrink swell and strength limitations for dwellings and
the potential for slow percolation rates for individual sewage disposal systems. A
plat note stating:
"Soil conditions on the site may require engineered septic systems and building
foundations."
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
identiff a number of recommendations that should be considered conditions of
approval. (See letter pg..Jt:-) Based on the conditions noted in the letter, the
o
3)
4)
s)
6)
7)
E.
F
G
H.
I.
e 3 O
o
following plat notes need to be included on any plat:
"All residential construction will be consistent with the Colorado State Forest Service
(CSFS) recorlmendations for construction of homes contained in the CSFS
publications "Wildfue Protection in the Wildland/Urban Interface" and "Model
Regulations for Protecting People and Homes in Subdivisions and Developments."
Easements. Any required easements (drainage, irrigation ditches, access, utilities,
etc.) will be required to be shown on the exemption plat.
K School Site Acouisition Fees The aoolicant will be reouired to oav the 5200.00
school site acquisition fee for the newly created lot, prior to the approval of the final
plat.
IV. 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.
o
J
1
3
V. R-ECOMMENDATION
Staffrecommends APPROVAL, with the following conditions of approval:
I That all representations ofthe applicant, either within the application or stated at the
meeting before the Board of Cotrnty Commissioners, shall be considered conditions
ofapproval.
A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, and any proposed easements for
setbacks, drainage, irrigation, access or utilities. The well easement shall be a
minimum of 10 ft. wide along the water line and 20 ft. square around the well.
That the applicant shall have 120 days to present a plat to the Commissioners for
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 and $2100.00 for road impact fees.
2
2
3
4
O 4 o
o
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 freplaces 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".
"Soil conditions on the site may require engineered septic systems and building
foundations."
"All residential construction will be consistent with the Colorado State Forest Service
(CSFS) recommendations for construction of homes contained in the CSFS
publications "Wildfire Protection in the Wildland/Urban Interface" and "Model
Regulations for Protecting People and Homes in Subdivisions and Developments."
k "The legal and adequate source of domestic water for lots
domestic well No. , approved by the Colorado State Engineers
and
-,
is a
Office, Division of Water Resources."
6.That all recommendations contained in the February 4, l99S letter of the Rifle Fire
Protection District related to the posting of an address, road construction and
construction materials, will be considered conditions of approval.
Prior to the approval of an exemption plat, the applicant will demonstrate that the
well 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;
o
5
c
7
-U
oo
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
Iots;
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 bicteria and nitrates, in'&isorryfi
^
7) A water sharing agreement will be filed with tne e*e*pion plat tdrX,
defmes ttre rigtrts of the property owners to water from ttre wett. ffi I/t C.
I
/-orl
e L t-
a
t
\)i t
ro
-'\)\
oif']
l
l
t)i (L
)
!--
\
:T"
t rj'
t,
_/
tT)
li
'\-
l
l
1"']"'.{:.
!
Il
;itl
''\:I
-:!
,\i B
-
--'lt:(
,l
I
')a
,l
= ,-l
t
\1(-'-\
,t
J L
.:.
t.:r
.. ,"1-'r
o
')I
I:.r
I
I
I
I
i,
,fi'dt
'1
I
///t I
\\
,u
:l.-
1r
O O
6
tt
$
E
ts
U63
Eo:
oa
b\
I
U:
t
ts
_t
Goo
d{
Btr
EIoT
i
It
It
I!
I
I
II:
It
3
I
T
It
IE
:dtt
!Ili
ii
OiiEE EEEEII
EiiHIE:SEE
iliiiiilEEil
iHiiii$
Htiiliii,
Eo:
h
b
dt
q.
a
5$Ir
si
EIrf
r51
tI
N!6a
at
TT
S,Erl60erl
.c!
iE.'!.tlii
U :!
trl -rr
El ii"0 {s}til:5 c:!
o I
dE
ri
6(
SI
:i
\
I
dI
N
F
.1 5_\5
$rSt
:Ir..s*
EF;dQE'5 _.1
!;g
r e!'
tiE
I
I
L
U
il
t
SI
Ed
t
ts
oo:
)-qe(
3P
c?.lat \riu
rn< -'o 61
5e Ett-vl ,l
lrlQxz{try-a-ch*!"t,
is:.
oo'oO€.
thg c.l
-NLq.\
sQ<
'), >
il \s
t 3"ro oilo biQ oc(
I _t t_t
E:E
arhlpi:
i
+
I
I
E
t
a
IU\I
aJ
{F
fD{oa
(
o.L
tu
.D
lU
.a
in,.!oalrlh{
s^trl-\na(<
3::
o-oFO:l
9oJ
"!urgAvZ
-{
F
oJ
a.rl
ax)'
ar-
I lxnoS
t.7Z
Form No.
GWS.25
OFFICE OF THE STATE ENGINEER
coLoRADO DtvsloOF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 8O2O3
(3O3) 865€s81
o
APP
EXST
WELL PERM]T NUMBER 2OL479
DIV.5 CNTY. 2g ffi MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 114 NE 114 Section
Twp 65 RANGE 92WDARRELL NIVENS & ELIZABETH MCNALLY
0888 ANTLEHS LN
RIFLE CO 816s0-
(970)62s-2108
PERMTT TO USE AN E(SNNG WEII
6
6rh P.M.
OISTANCES FROM SECTION LINES
3850 Ft. from South Section Line
2500 FL from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no iniury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
lnsallation Contraclors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(ll)(A) as the only welt on a tract of land of 35 acres described as that' ponion of ine SW %, NE y+ Sec. 6, Twp. 6 South, Rng. 92 Wes1 6th P.M., Garfield Counry, more particularly
described on the attached exhibit A.
4) Approved for the use of an existing well, constructed without a permit or other approval in approximately 1976.
S) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3
single family dwellings, the irrigation of not more than one (1) acre of home gardens and lawns and the watering
of domestic animals.
6) The maximum pumping rate shall notexceed 15 GPM.
7) The retum ftow from the use of this welt must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.
8) This well shall be located not more than 2OO feet from the location specified on this Rerlit.
') -: 1 ii. 'i .7
Q$lli[,q's 0cPY
DATE ISSUED
1r2t),J,\A
Enginaar
RAT]ON DATE N,1R iJ 7 tc,':,1
Sy
HAR071997 ExPrReceipt No. 0411354
APPROVED
JD2
r(Ji{il N9.
ews-tr
07193
STATE OF COLORAOO
OFFICE OF THE STATE ENGINEER
iJe,?!U1e'ae"ttfsr"Dcrwcr'coro'ldosoaq'
PHIOR TO COMPLETING FORM, SEE INSIRUCTIOM; ON RB/EBSE SIDE
CHANGE IN OWNERSHIP/ADDRESS / LOCATION
WELL PERMT, UVESTOC*(TANK OR EROSION CONTROL DAII
1
el G. Dooley and Sharon R. Dooley
city, st. zip .........R.r...F-!=€-....,t ..C-.o^.. ...... .....9.t.b..{P.
phone t.t.1.a. ) ...1e.L..5. - . ....!1...!..:1.3 . ....... ...
o.o cR L"l{Mailing Address .. O8.B
NEW OWNEB
NAME (s) .......Y*s.lte
z
tr
tr
tr
THIS CHANGE IS FOR ONE OF THE FOLLOWING:
EROSION CONTROL DAM NUMBER..............
UVESTOCK WATER TANK NUMBER.
WEII PERMTT NUMBEB 20t47 9
For Ofior thc mlY
D
3.
(Addre)
...:I....... t/+ o*,".....II ......1 14,sec....9........... T*p....9...........
(C'ty) (stt) (ZP)
s.,Ranse.....?3... nE* E]w. ...f.Ih.... p.M.x
3850 Ft. fromDislances from Saction Unes
Subdivision.-
E* *
4.UVESTOCK TANK OR EROSION CONTROL DAM LOCAIION:tl *' o' l-l'"1/4, Sec. TwP............... L w. ................. P.M.E. or utrRan9e................
5.The above listed owner(s) say(s) that he (they) own th€ slructure described herein.
The existing record is being amended lor the following reason(s):
El an"nn" in name of owner. n
"n"nn"
in maillng address.Conection of bcaion.n
6.I (we) harre read the statements made herein, knory the corilents thereof, and std6 thal they are lrue
to nry (our) knowledge.
[Pursuant to Sectlon 2*1U 03Xa) C.R.S., the making of lalse stdements herein constitules pedury in
the second degree and is punishable as a class 1 misdemeanor.l
Date
LL/L9197
*flptJ 44al,k?_ r(0 o/al
Name/Trtle (Please type or print)
}lichael G. Dooley
Sharon R. Dooley
8y t).8
Div. Co. WD Basin MO Use-
OFFICE USE ONLY
?l0-
Strtr Englnccr
Court Case No.
o
Rrrle FTne PnorEcrloN Dl S*,.,
February 4, l-998
Mike DooleY
OB88 Antlers lane
RifIe, Colorado
Reference:
Mr. DooIeY,
8165 0
Proposed Subd'ivision exemption' County Road 225
an
TheRifleFireProt'ectionDistrict,hasreviewedtheproposed sunaivision e*e*p;i;" oi propertv located on
-couirrv Road 225 . rr, is rn. -il"rii"-t.i irndei'srandilg rhat
Eti'J"6iil;Io;-;i11 creaue r.ro-ieparare parcels of
aoproximately thirty two ""iI=l-i"g tn5ie acres ' rt is
;iE ; " ;ili*p i i t. i c E s
- irnae'
"
r iitl"g*[h" i-t o
i :*I i?, ffi :{ ri:E::be used tor conitructio+ of Ewo' single
The above properry +s 'riirri" Lhe"boundaribs of t'he
Rifle Fire protecLion pistii."E.-fite at'd' Emergency Medical
services are.;;;;Ia;a Eo-r[E-irea by t,he District. In
order ro "==rli"iiE-ili"t.i"t it it'; gapabilities of
providing tnelI ie'-'ices, ;; *o"ra make- t'he f ollowing
ieconrnenoacions ;
l-. Defensible space: Vegetation should be removed from
near any ".=.r"iiliEI'o"-E[q-lloperry
to provide a safe zone
in- Lne 'event of a wildland f ire
2. Const.rucLi;; maieiiaf" t in"-pistrict reconrnends the use
of a classified roof cot'ering 9nd non---combustible siding
marerials to-ilini*iie- inreiEd from a.wildland f ire'
3. Road "orr=ro]";G;; wnen*I5nstrucli"g the access roadway
inro the prop;;;,";;"3ia.riui;;-Jrrourd be given t,o the
weiqhts of fire apparatus'a"A-iccessibility-during adverse
weaEher condi-tions.4. Posting "i-;da;;ss:.The address of .he propert'y is Eo
be postea wnirE-Ine-Arirer-V accesses tne eount,y Road'
Let,ters are t,o be a minimu#oi-+-i"in"= in height, L/2
inch in widri-ano contrasf'*iir, Ehe background colors'
5. wat.er ="pprvl-ai-Aiscussed in our telephone --riconversatio.rl"tn"-iifiilEt-i.c"r,*ends t'trat you cont'inue Eo
work with .r"1_gf,;6r;-il-irre area in establishing an
$;;#d 'riie-suppression wat'er supprv '
As the cime comes closer for consEn-rction of
structures on tne propertt,-t[e Di:lrict would be happy,t'o
ser. down ana"AisE"E;-'*Ileiina concerns- in greater^det'arr '
Thank you for your cooperlEion-and feel free to contact me
if i cin be of' further assistance '
Sincer I Y,
ikeDist,rict Chie f
?ll-
Telephone (970) 625-1243' Fax (970) 625-2963
1850 Railroad Avenue ' p.O. Box 1133 ' Rifle, Colorado 81650