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Home My WebLink About3.0 Staff Report• BOCC 4/12/99 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: David & Anne Johnson LOCATION: A tract of land located in portions of Sections 19, 20,29 and 30, T6S, R93W of the 6th P.M.; Located approximately 2 1/4 miles south west of Rifle, Taughenbaugh Mesa, on County Road 320 SITE DATA: 151 Acres WATER: Cistern SEWER: ISDS ACCESS: CR 320 EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN 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 1. A. Site Description: The property is located proximate to Rifle. The site has steeply sloping portions of the Heimer Gultch, as it defines the southern portion of the property. There are adequate areas of the proposed parcel for building sites along the County road.(See location map pg. 9.f° /'13 ) • • B. Project Description: The parent tract of land to be subdivided consists of 151 acres The current proposal indicates the creation of four exemption parcels of 2.7, 4.2, 9.0 and 136.7 acres. (See proposed map pgfi10'I3 ) All Lots are proposed to utilize hauled water/ cistern for domestic water and all lots are proposed to use ISDS. Access is off CR 320. 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.The parcels referenced on the sketch map do not affect the eligibility for the exemption. 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 210 and an access - - - ment across lots 1 and 2 to access lots 3 and 4. The length of the Cul-, as indicated on the sketch plan exceeds 600 feet. As indicated by - • ation, a Cul-de-sac may be permitted provided it is not more than undred feet (600') in length and has a turnaround radius of not less than y -five feet (45') from the center of the cul-de- sac to the road edge and th- • • -de-sacs must provide fifty foot (50') right-of-way for any residential de = •pment. The Board may approve longer cul-de-sacs for topographic easons if it can be proved that fire protection and an alternate emery : cy egress and access is provided as a part of the longer design. D. Water: The applicant is proposing the use cistern storage of hauled water. A letter from the Town of Rifle has been included in the application outlining future availability of water. (See Pg. 1 ( ) Staff is concerned with the vague language of the letter. A contract ensuring water availability indefinitely should be provided by the applicant. When sizing the cisterns for each lot, the applicant should assume an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day. Water quality should be tested by an approved testing laboratory annually ensuring compliance with State guidelines concerning bacteria, aZ • • nitrates and suspended solids. 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. F 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 parcels to be created by exemption, may 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 included a letter from the Rifle Fire Protection District. (See Pg. /5 ) Easements. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. The access easement and cul-de-sac need to be indicated on the 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 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 is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3 • • 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. 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. 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 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 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." q • • 6. That the applicant, and any future property owners of said property agree to, as a condition of future continued approval of the special use permit, that if, in the future event that the property described by this special use permit, 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. The applicant shall provide to the County a letter guaranteeing water service availability for an indefinite period. 8 l el le. )-p b .7)--6111,1 Z pv G W4 -h)