HomeMy WebLinkAbout2.0 BOCC Staff Report 11.27.00oo
BOCC tll27 100
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST An exemption from the definition of
subdivision .
APPLICANT Paul and Charleen Bagley
LOCATION:A tract of land located in a portions of Section
35, T5S, R92W of the 6th P.M.; located
approximately 2.0 miles northwest of Silt off
of County Road 260.
SITE DATA 40.0 Acres
WATER:Well
SEWER:ISDS
ACCESS:CR 260
EXISTING/ADJACENT ZONING:A/R/RD
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the proposed lots is located outside of the municipal planning area for the Town
of Silt and shown as an area with a recommended density of one ( 1) d.u./ two (2) acres on
the Garfield County Comprehensive of 2000 - Study areas 2 & 3, Proposed Land Use
Districts Map. The proposed lots are consistent with the proposed density in the
Comprehensive Plan.
IL DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located on a southwest sloping area of Silt Mesa'
The native vegetation is primarily sage and scrub grasses, with some deciduous trees
I.
1
o
in the middle of the property. Portions of the property are productive crop lands
and there is a residential structure, with various out buildings.
B.Project Description: The applicants are proposing to split a 40 acre tract into four
(4) parcels of 11.5, 11.5,8.5 and 8.5 acres each. Each lot will be have an individual
well and individual sewage disposal system. Access to the lots will be via CR 266,
with the two 8.5 aue lots having direct access to the county road and the two 1 1-5
acres lots requiring access easements across the smaller lots.
MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that "No more than a total offour (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 l, 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) preventing joint use of the proposed tracts, and the division occurs
along the public right-of-way, 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;"
Deeds submitted with the application indicate the subject property was originally
purchased in 1920. The applicant acquired the property in 1988, along with a
number of other Antler's Orchard Development (AOD) property. The AOD lots are
legally created tracts of land that separate the property from in question from the rest
olthe property. The applicant's qualifu to request up to four (4) lots by exemption.
B. Zoning: The subject property is located within the A/R/RD zone district, which
mandates a minimum lot size of two (2) acres. All proposed lots are in excess of the
minimum, lot size requirement.
C. Water: The applicant has obtained three contracts with the West Divide Water
Conservancy District to allow them to obtain three new well permits in addition to
the one exempt well permit allowed for the original 40 acre tract. Staffis concerned
that there will be adequate physical and potable water available from the proposed
wells, given the poor production from wells in the area. It will be necessary to have
the permits approved by the State Engineer's Office and to drill and pump test the
welis, p.io, io the authorization of an exemption plat subject to the following
criteria:.
o
III.
)a A well be drilled and a 4 hour pump test shall be performed;
The applicant supply, to the Planning Department, the well completion reportb)
1
o
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
c) The results of the 4 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted
to the Planning DePartment;
d) A written opinion of the person conducting the well test that this well would
be adequate to supply water to the number of proposed lots and be submitted
to the Planning DePartment;
e) An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
f) The water quatlty be tested by an approved testing laboratory and meet State
guidelines conceming bacteria and nitrates.
Sewer/Soils: The applicant proposes use of individual sewage disposal systems as
the method for waste water treatment. According to the Soil Conservation Service,
the soils on-site, when used for building site development and placement of ISD
systems have moderate to severe constraints due to stoniness and slow percolation'
Stuff.."o*mends the inclusion of a plat note to address these limitations.
Access: Access to all proposed lots would be via CR 266, The two smaller lots
have direct access to CR 266. Access to the two larger lots on the west side of the
property will have to be via a 25 ' wide easement, which should be along the
,o.*on lot line between proposed lots 2 and 4. Driveway access permits will have
to be obtained prior to the approval of an exemption plat'
Fire Protection: lncluded with the application is a letter from the Buming Mountain
Fire Protection District that states the subject property is within its emergency
services district. No additional comments were made by the district.
o
D.
E.
F
G
H.
Easements: Noted on the map in the application are irrigation ditches and power
lines. Any required easements for drainage, utilities, access, irrigation ditches, etc.,
will be required to be legally described and shown on the exemption plat'
school Site Acquisition Fees: The applicant will be required to pay school site
u"q,rirition fees of $200, for each lot created by this exemption. This would result
in a total of $600 for the application.
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
IV
-J-
oo
J
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
Staff recommends APPROVAL of the application pursuant to the listed conditions:
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
ofapproval.
2. An Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, 25 ft. wide access to a public
iigt t-of-*.y for each 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,
-fto-
the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval, provided the
applicant submiis a request for an extension prior to the approval expiration date.
4. That the applicant shall submit S200.00, per lot, in School Site Acquisition Fees for
the creation of all exemption parcels.
5. That the following plat notes be included:
"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 shait be required to be confined within the owners property boundaries."
"No openhearth 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
V
-4-
oo
7
8
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".
"Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq.
Landowners, residents and visitors must be prepared to accept the activities, sights,
sounds and smells of Garfield County's agricultural operations as a normal and
necessary aspect of living in a County with a strong rural character and a healthy
ranching sector. Those with an urban sensitivity may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
law and County policy provide that ranching, farming or other agricultural activities
and operations within Garfield County shall not be considered to be nuisances so
long as operated in conformance with the law and in a non-negligent manner.
Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke
chemicals, machinery on public roads, livestock on public roads, storage and disposal
of manure, and the application by spraying or otherwise of chemic al fertllizers, soil
amendments, herbicides, and pesticides, any one or more of which may naturally
occur as a part ofa legal and non-negligent agricultural operations.
In addition, all owners of land, whether ranch or residence, have obligations under
State law and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under control, using
property in accordance with zoning, and other aspects of using and maintaining
property. Residents and landowners are encouraged to leam about these rights and
responsibilities and act as good neighbors and citizens of the County' A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County."
"Specific geological hazards may be encountered during the placement of structures
and septic systems. Site specific analysis for placement may be required."
The applicant shall receive any necessary driveway permits, for each lot created,
from the County Road and Bridge Department, prior to signing of an exemption plat.
That the applicant demonstrate that an adequate supply in both quantity and quality
exists for the lots to be created. Criteria for demonstrating the quality, quantity and
dependability of each well :
a)
b)
A well be drilled and a 4 hour pump test shall be performed;
The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
The results of the 4 hour pump test indicating the pumping rate in gallons per
5
c)
d)
e)
0
o o
minute and information showing drawdown and recharge shall be submitted
to the Planning Department;
A written opinion of the person conducting the well test that this well would
be adequate to supply water to the number of proposed lots and be submitted
to the Planning Department;
An assumption of an average of 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 suspended solids, bacteria and nitrates.
-6-
d<.oo@C)G
oo-s
4a
-stc
It\\{
i_4
--{-
ao
a I I
$\
(
a
,q
@
!t
i
@
3e
F
a
F
@
r
r
I
j@
I
(9
o
o
l.{3
F
@
p
E
F ia@
c
r
zttT-?/lt_N_oa?
@
Gas r
4
t
1
6
*
\$
=q
vF
,*
;-/
Dh t
@
oO
@
?3
,@
o
{
I
o
I
I
i
I!
F
@
itL
tJ
F
JV c