Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 2.8.99REOUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: PROJECT INFORMATION AND STAFF COMMENTS BOCC 218/9e An exemption from the definition of subdivision. Sam Azeez A tract of land located in portions of Section 2, T65, R93W of the 6th P.M.; Located approximately 2 ll4 miles north east of Rifle, on County Road 210 42 Lcres Well ISDS CR 210/ access easement EXISTING/ADJACENT ZONING: I RELATIONSIIIP TO TIIE COMPREHENSTVE 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. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is located proximate to Rifle. The site is gently sloping to the south and west with a minor ridge defining the northern portion of the property' (See location map Pg A/R/RD L B Project Description: The parent tract of land to be subdivided consists of 42 acres m. The current proposal indicates the creation of four exemption parcels of. 1 0' I 0' I 0 and 12 acres. (See proposed map pg. -) All Lots are proposed to utilize applied for well permits and itl lot, ur" propored to use ISDS Access is offCR 210 with a single road easement and cul-de-sac accessing lots 3 and 4. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield county Subdivision Regulations states that "No more than a total rf four (4) lots, parcels, inlerests or dwetling units will be createtlfrom any parcel, as that parcel was described in the records of the Garfield Counly"Clerk and- Recorder's Office on January- I ' I 97 3 ' and is not o part of"a recortled subdivision; however, any parcel to b-e divided by exemptioi that"is split by o public right-of-way (State or Federal higlrway, County roarl or railroatt) o) naturalfeuture, preventing.ioint use of the proposed tracts' and the tlivision occurs along the publii right-of-way or natural fea7ure, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemptiinwith regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise aPPlicable ; " The applicant, has provided sufiicient 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/RiRD zone district' C. Legal Access: Legal access will be provided CR 210 and an access easement across lots I and 2 to access lots 3 and 4. The length of the Cul-de-sac as indicated on the sketch plan exceeds 600 feet. As indicated by regulation, a Cul-de-sac may be permitted provided it is not more than six hundred feet (600') in length and has a tumaround radius of not less than forty-five feet (45') from the center of the cul-de- sac to the road edge and the cul-de-sacs must provide fifty foot (50') right-of-way for any residential development. The Board may approve longer cul-de-sacs for topographical reasons if it can be proved that fire protection and an alternate emergency egress and access is provided as a part of the longer design' D. Water: The applicant is proposing the use individual wells for each lot created' Prior to Rnal piat, ttre appiicant wili be required to provide proof of approved well permits which have curiently been applied for and an approved water allotment contract for each well. It is assumed that the contracts will be with the West Divide Water Conservancy District. Additionally the following conditions will apply to each individual well: 1) That a four (4) hour pump test be performed on the well to be used prior to summer irrigation activity in the area; Z) A well complerion rLport demonstrating the depth of the well, the E F G 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 wriiten opinion of the person conducting the well test that this well should be adequate to iupply water to the number of proposed lots; 5)Anassumptionofanaverageornolessthan3.5peopleper dwellingunit,usingl00gallonsofwaterperperson,perday; 6) The water quality be tested by an approved testing laboratory and meet state guidelines concerning bacteria, 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. Sewer: All lots have adequ ate areafor 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 tt" application, *ith 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, does not appear t" b. pior. to ilooding or other drainage problems. Site specific investigation prior to issuance of a building permit may be required' Fire Protection: The applicant has not included a letter from the District' This letter should be provided prior to approval of a final plat' 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. School Impact Fees The applicant will be required to pay the $200'00 school site u"qriritio, fee for each ne*ly created lot, prior to the approval of the final plat H. I. J Iv. SUGGESTED FINDINGS That proper posting and public notice was provided as required for the meeting before 1 the Board of CountY Commissioners 2 3 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. RECOMMENDATION Staffrecommends 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, 25 ft' wide access to a public right- lf-*uy, the 45' radius and 50' right-of-way for the cul-de-sac 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 bJrequired 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 stoveas defied by C.R.S. 25'7-401' et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All awetting 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". v 6 "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 ant septic systems. Site specific analysis for placement may be required." prior to the approval of an exemption plat, the applicant will demonstrate that all wells will meet the following: 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 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, nitrates and suspended solids; 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. 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 ,L1nou" 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." Repair and maintenance of the access easement shall be the responsibility of the property owners subsequent to recordation of the subdivision. 3) 4) 5) 6) 7) 1 8 2 Supplement #1, changes to conditions of approval V. RECOMMENDATION Staffrecommends 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 Planning Commission, shall be considered conditions of approval. As used herein the term "applicant" shall apply to and bind any person. corporation, association or other entity olwhatever nature which assumes ownership, responsibility or control over the proposed facility or any part thereof. That the operation of the facility be done in accordance with any federal, state or local regulations governing the operation of this type of facility. That the applicant provide the following plan additions one week prior to review by the Board of County Commissioners: a. A detailed drainage plan for the site including, including the 100 year floodway boundary. b. A detailed landscaping and weed mitigation plan, highlighting existing areas of noxious weed infestation and a plan for weed management at the site. c. A detailed lighting plan showing generally the type, number and location of on site exterior lighting. d. A detailed parklng lot and internal circulation flow plan identifliing automobile and truck traffic circulation, access, egress, loading and parking' e. A detailed signage plan outlining attached, detached or off-premise signage. f. A detailed transportation study and plan outlining the estimated impacts to County Road 215. g A detailed noise study and plan outlining the estimated impacts to adjoining property owners. h. A detailed screening plan outlining the anticipated storage and operations screening or berming as may be required in accordance with the special use permit supplemental regulations. That the applicant provide a road bond as may be required by the Road and Bridge Department during the 18-month construction period. American Soda shall provide, at their expense, an independent engineer to be determined by the County for pla-n check and an independent building inspector also determined by the County. aJ 4 5 6 20 2l Commissioners prior to occupancy The applicant shall meet all requirements of Section 5.08, Fiscal Mitigation Program, of the Garfield County ZonngResolution of 1978 aa. As may be required during the construction or operation of the facility. Any substantial expansion of the use as proposed shall require re-issuance of a special use permit. The applicant shall amend the Parachute / Battlement Mesa Recreation District within one year of the special use permit approval. 22 Dept. of Natural Resources Water Resources Division Dept. of Transportation Public Utilities Commission Garfield County: Department of Development Road & Bridge 15 t7 18 Mining & Processing Water fughts as described in Attachment 4, SUP Application Access Permits Rail/Hwy. Crossing Authorization Special Use & Building Permits Access and Utility Cut Permits May 1,2000 April 16, 1999 July 1, 1999 May 31, 1999 April 16, 1999 July 1, 1999 Upon issuance of the special use permit the following, previously adopted Resolutions approving special use permits as applied to the 1,000 acre parcel described in this application, shall be repealed by a separate action of the Board of County Commissioners 1. Resolution #81-l I 2. Resolution #81-100 3 " Resolution #82-186 The applicant shall provide to the County, closure reports for the following Correction Action Plans for remediation as available, one week prior to review by the Board of County Commissioners. 1. Active Basin, Final Clean Closure Plan Report for the Active and Inactive Basins, Parachute Creek Shale Oil Facility (HL,\ 1996a) 2. Inactive Basin; Final Clean Closure Plan Report for the Active and Inactive Basins, Parachute Creek Shale Oil Facility (HLA, 1996a) 3. Temporary Basin No. l; Final Clean Closure Plan Report for the Temporary Basin Nos. I and 2, Parachute Creek Shale Oil Facility (HLA, 1998b) 4. API Separator; Phase I Closure and Engineering Evaluation Report, Active and Inactive Basins Closure Project Gn-A, 1996b) 5. Plant Effluent Lift Station; Phase I Closure and Engineering Evaluation Report, Active and Inactive Basins Closure Project G{LA, lee6b) 6. Underground Storage Tank- Maintenance Building; Environmental Site Assessment and Underground Storage Tank Closure Report (Chen Northern, 1993) 7. Upgrade Facility- Parachute Creek Shale Oil Facility Gn-A No.416502) American Soda shall assume all liability and responsibility for the Oily Water Sewer remediation as identified in HLA No.416502 and make substantial progress of monitoring and remediation The applicant shall provide to the County a Site Rehabilitation Plan detailing basin closures and all required remediation to the satisfaction of the Board of County t9 7 8 9 The applicant shall obtain all necessary building permits as required by Garfield County and shall compensate the County for any and all extraordinary costs associated with the issuance of the special use permit. Prior to mobilization and/or construction, the applicant shall obtain approval of all proposed crossings of County Roads from the Garfield County Road and Bridge Department including appropriate notification of the public as may be necessary for road closures or other activities as required. Prior to mobilization andlor construction, the applicant or the applicant's contractor(s) shall obtain overweight vehicle permits from the Garfield County Road and Bridge Department The applicant shall obtain all licences as may be required for vehicles used by the applicant and the applicant's contractor(s) from the Garfield County Clerk and Recorder. The applicant shall re-submit for re-issuance of a special use permit to allow the industrial use as proposed in the Accelerated Action Plan. The applicant shall paint all structures in accordance with the application as submitted prior to occupancy. The applicant shall provide to the County a Emergency Preparedness Plan Draft prior to occupancy. Annual updates detailing compliance and readiness shall be provided annually from the date of issuance of the special use permit to the County. The applicant shall obtain approval and provide to the County all permits listed on Page 32 of the StaffReport within thirty (30) days of the date indicated. Extensions to these deadlines may be granted at the discretion of the Board of County Commissioners without further public hearing. l0 1l L2 13 14 Federal State: Bureau of Land Management U.S. Army Corps of Engineers U.S. Fish & Wildlife Service U.S. Dept. Of Interior Dept. of Natural Resources Dept. of Public Health Air Pollution Control Division Dept. of Public Health Water Quality Control Division Mine Plan. Draft EIS 404 Permitting Endangered Species Act Compliance Cultural Resource Compliance I l2 Reclamation Permit Air Pollution Emission Notice Air Quality Construction Pennit with Prevention of Significant Deterioration Review Air QualiS Title V Operating Pennit Industrial Stonnwater Discharge during Construction Permit Industrial Stormwater Discharge May 10, 1999 April 16 1999 May 31, 1999 May 31, 1999 May 31, 1999 May 31, 1999 May 31, 1999 May 31, 1999 Indefinite May 31, 1999