Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 02.03.2003oo Exhibits for Dooley Exemption Public Hearing held on February 3,2003 A Mail Receipts B Proof of Publication C Garfield County ZorungRegulations of 1978, as Amended D Garfield County Comprehensive Plan of 2000 E Garfield County Subdivision regulations of 1984, as Amended F'Application G StaffMemorandum o o BOCC 02t03t03 FAJ STAFF MEMORANDUM REOUEST Request for an exemption from the definition of subdivision APPLICANT Michael Dooley (property owner) LOCATION A tract of land located in SW % of NE % of Section 6, T65, R92W of the 6th P.M., approximately three (3) miles west of Silt, off of CR225. SITE DATA 29.8 acres to be split into Lot 2 (21.03 ac.) & Lot 3 (8.8 ac.) Shared well ISDS CP.225 A/R/RD WATER SEWER ACCESS EXISTING ZONING I. DESCRIPTION OF THE PROPOSAL The property is located approximately three (3) miles west of the Town of Silt, on the east side of CR 225 and approximately one (1) mile north of the Colorado River. The proposed tracts have CR 225 along the west side of the proposed lots and an existing house with various accessory structures. The subject property is predominately hayfields. The properties located in the areaare generally large lots residential or agricultural operations. The Applicant requests the Board approve an exemption from the definition of subdivision to subdivide his 29.84 acre property into two lots: lot 2having21 acres and Lot 3 having 8.81 acres. More specifically, the new lot to be created is Lot 3 containing 8.81 acres leaving the remaining parent lot to have 2l acres which also contains the Applicant's residence. The lots will share an existing well and utilize individual sewage disposal systems. Access will be directly off of CR 225 for both parcels. As a matter of background, the property was approximately 40 acres on January 1,1973. The first exemption lot occurred in July of 1973 creating a 5 acre lot. Subsequently, the Applicant purchased the remaining 35 acres in1997.In 1998, the Board approved an exemption request forthe Applicant to create Lot 1 and 2 of the Dooley Exemption. At present, the Applicant would like to create the last lot via the exemption process for the property. As a result, all future subdivisions proposed for this property will be required to comply with the countSr's subdivision process. o II. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in Study Area 2 just outside the 2-mile sphere of Silt. The area is designated as "outlying residential" which assumes a density concurrent with the underlying zone district which is 2 acres per dwelling unit. The property does not appear to be located in any hazardareas discussed in the comprehensive plan. Newly created Lot 3 will contain greater than 8 acres which exceeds the density requirement. IIr.MA.IOR ISSIIES AND CONCERNS This section includes an analysis of the proposed exemption against the county's land use regulations regarding Exemptions from the Definition of Subdivision. The regulations are in bold italics followed by a Staff response. A. No more than a total offour (4) lots, parcels, interests or dwelling units will be createdfrom any parcel, as that porcel was described in the records of the Garjield County Clerk and Recorder's Office on lanuory I, 1973. In order to qualify for exemption, the parcel os it existed on January 1, 1973, must have been larger thon thirtyfive (35) acres in size at that time and not part of a recorded subdivisionl however, any parcel to be divided by exemptiott that is split by o public right-of-way (State or Federal Highwoy, County road or railroad), preventing joint use of the proposed tracts ond the division occurs along the public right-of- woy, such parcels thereby created may, in the discretion of the Boord, not be considered to have been created by exemption with regord tot hefour (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. For the purposes of deJinition, all tract of land thirty Jive (3 5) ocres or greater in size, created after January 1, 1973, will count os parcels of land creoted by exemption since January l, 1973. Staff Finding The subject property consisted of a quarter-section (approximately 40 acres) on January l, 1973. Therefore the subject property qualifies for the requested exemption. Since January l, 7973, atotal of three lots have been created by exemption. This current request will create the fourth and final lot to be split from the parent lot. See the chart below showing previous and proposed exemption lots for the property. The property qualifies for this last exemption lot. B. All Garfteld County zoning requirements will be met; Staff Finding The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. All future uses shall adhere to the land use regulations in effect at the time. C. All lots created will have legal occess to a public right-of-way ond any necessory ficcess easements hove been obtained or are in the process of being obtained; Staff Finding Legal access is currently provided to Lot 2 by CR 225 (a gravel driveway). CR 225 is a narrow county road, but relatively straight in the area of the proposed parcel. Because the proposed lot configuration will effectively land-lock Lot2by the creation oflot 3, the Applicant shall be required to craft an access easement by which the owner of newly created Lot 3 grants an access easement to o o o the owner of Lot 2. This shall be considered a condition of approval and shall be shown graphically on the final exemption plat. D. Provision has been made for an adequate source of water in terms of both the legal and physical quolity, quantity and dependabilily, and o suitable type of sewage disposol to serve eoch proposed lot; Staff Finding The Applicant proposes to share an existing well that provides domestic water to the existing house on Lot 2 which serves the Applicant's residence. The well is a domestic well that allows up to three (3) dwelling to share the water. The Applicant has provided a copy of the well permit in the application. It should be noted that the Applicant's well is actually located on the adjacent properly owned by Richard Murr. The actual location of the Applicant's well and easterly fenceline was realized when the property was officially surveyed. A maintenance and access easement will have to be legally described on the exemption plat showing service lines to the newly created Lot 3. Applicant has entered into a well easement with his neighbor, Richard J. Murr, which has been provided to the Board. 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: 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 lots; An assumption of an averuge 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 as a condition ofapproval and as aplat note that the legal and adequate supply of water approved for Lots 1,2, and 3 is a domestic well to be shared equally by the lots. The existing house has an Individual Sewage Disposal System (ISDS) that appears to be functioning presently. The proposed Lot 3 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. 3) 4) s) 6) 7) o E. All state and local environmental health and sdety requirements have been met or are in the process of being met; Staff Finding 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. F. Provision has been madefor ony required rosd or storm drainage improvementsl Staff Finding 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 of the parcel to be created. The 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 shall be included stating: "Soil conditions on the site may require engineered septic systems and building foundations." G. Fire protection has been approved by the oppropriate /ire district ond impactfees are paid, based on a study of theJiscal impoct on the district by new subdivision development, approvetl by the Board of County Commissioners and Planning Commission. Staff Finding The property is located in and will be served by the Rifle Fire Protection District. The Applicant provided a letter with the submittal materials indicating the ability to serve. The letter offers several recommendations to the Applicant which Staff agrees should be considered conditions of approval. Based on the conditions noted in the letter, the following plat notes need to be included on any plat: "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 Wildlandfurban Interface" and "Model Regulations for Protecting People and Homes in Subdivisions and Developments." H. Any necessory drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and Staff Finding The Applicant will effectively land-lock Lot2 containing approximately 21 acres and the Applicant's residence. As such, the Applicant shall enter into an access easement across proposed Lot 3 in order to maintain access. In addition, the existing well that serves Lot 2 is located on a neighboring property and will need to have an easement from the neighbor as well as provide for a utility easement to run the water line to newly created Lot 3. All easements (drainage, irrigation ditches, access, utilities, etc.) will be required to be shown on the exemption plat. The Applicant has provided a completed easement between the subject property owner and the adjacent property owner whose o o o property contains the subject property's well. This well easement shall be recorded in the Clerk and Recorder's Office and graphically shown on the final exemption plat with the associated book and page number. The Applicant shall also be required to enter into a well sharing agreement since the well will serve three lots. This shall be'presented to staff at the time of recording the final exemption plat. IV. SUGGESTED FINDINGS I 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 has been determined to be in the best interest ofthe health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Subdivision Resolutio' of 1984 a.a. Section 8:00, Exemption. 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. 2. The Applicant shall submit afrnal exemption plat indicating the legal description of all the lots created, dimensions and areas (in acres) of the lots, and all easements (such as the access and well easements) encumbering the property. The Applicant shall record the well sharing agreement that govems the water serving Lots 2 ancl 3, the access easement for the purpose of maintaining access to Lot 3 from CR225,and the well easement between Richard Murr and Michael Dooley. These easements shall be recorded in the Clerk and Recorder's Office and shown on the exemption plat with the associated book and page number. 4. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 5. That the following plat note shall appear on the Final Exemption plat: a) "control of noxious weeds is the responsibility of the property owner." J o o b) "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries." c) "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. ZS-l-q}t,et. seq., and the iegulations 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". d) "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 properly boundaries". e) "Soil conditions on the site may require engineered septic systems and building foundations.,, 0 "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 inthe Wildland,/Urbanlnterface" and "Model Regulations forprotecting People and Homes in Subdivisions and Developments.,, g) "The legal and adequate source of domestic water for lots _ and _, is a domestic well No. _, approved by the colorado State Engineers office, Division of water Resources." 6. That all recommendations contained in the Septe mber 12,2002letter of the Rifle Fire protection District related to the posting of an address, road construction, and defensible space will be considered conditions of approval. 7 . Prior to the approval of an exemption plat, the applicant will demonstrate that the well will meet the following items as applicable: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (a) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) 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; e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 0 The water quality be tested by an approved testing laboratory and meet State guidelines o concerning bacteria and nitrates; g) A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. VI.RECOMMENDED MOTION "I move to approve the Dooley exemption from the definition of subdivision with conditions pursuant to Section 8:00 of the Subdivision Regulations of 1984 as amended.,, o.