The URL can be used to link to this page

Home My WebLink About2.0 Staff Report BOCC 5.11.98bb BOCC 5ny98 PROJECT INT'ORMATION AND STAFF COMMENTS REOIIEST An exemption from the definition of subdivision. APPLICANT Scott & Shona Hoffineister LOCATION:A tract of land located in portions of Section 6, T65, R92W of the 6th P.M.; approximately t'wo (2) miles northwest of Silt, offof CR 227. SITE DATA:5.0 Acres WATER:Individual well SEWER:ISDS ACCESS:CR227 EXISTING/ADJACENT ZOMNG A/RiRD I. RELATIONSHIP TO THE COMPREIMNSTVE PLAN The site for the exempted lots is located in District C, Rural Areas, Minor Environmental Conshaints, as designated by the 1984 Garfield County 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 TIM, PROPOSAL Site Description: The site is located approximately three (3) miles west of Silt, on the west side of CR 227. \\e proposed tracts have CR227 along the east side of the proposed lots and an existing house with various accessory strucflres. The properties located in the arca ^rf generally large lots residential or agricultural operations. (See location map pg. b I A. -l- B Project Description: The parent tract of land to be subdivided consists of 5.0 acres, and the proposal calls^for creating a total of two (2) parcels of 2.0 and 3.0 acres. (See propo."d map pg. 1) Ttre hlger parcel will use an existing well and individual sewage disposal systtm. The new parcel will utilize an exempt well and ISDS for domestic purposes. Access will be directly offof CR 227 for both parcels l) 2) III. MAJOR ISSTIES AND CONCERNS Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations states that 'Wo 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 I , 197 3, 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 naturalfeature, 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 dwelling unit limitation otherwise applicable ; " The applicant's family has owned the property since 1966 and there has been one previous split by exemption, therefore the application qualifies for the requested exemptions. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. Legal Access: Legal access will be provided by CR227 Water and Sewer: The applicant is proposing the use a new well, augmented by a West Divide Water Conservancy contract. Prior to the approval of an exemption plat, the applicant will need to drill the well and demonstrate that it can meet the following criteria: A B C D 3) 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; 4) -Z- s)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, dissolved solids and found to be "fit for human consumption". Sewer: The existing house has an Individual Sewage Disposal System that is functioning presently. The remaining lot has adequate area for an ISDS, but the NCRS soils information indicates the potential for a slow percolation. A plat note stating that "Soils information indicates that it may be necessary to have a licensed engineer design the individual sewage disposal system for the property". 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 occru within the area of the 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 havevnotedrecorlmendations that should become conditions of approval.(See letter ) 6) H E F G 2 3 pg Easements. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. J School Imoact Fees The applicant will be required to pay the $200.00 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 ofthe health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. I 1 -3- V. RECOMMENDATION Staffrecommends APPROVAL, with the following conditions of approval: 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. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 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. That the following plat notes 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. 25-7401, 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". "Soils information indicates ttrat it may be necessary to have a licensed engineer design the individual sewage disposal system for the property". "All residential construction will be consistent with the Colorado State Forest Service (CSFS) recommendations 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." I 2 aJ 4 5 -4 - 6 "The legal and adequate source of domestic water for lot -, is a domestic well No. approved by the Colorado State Engineers Office, Division of Water Resources." That all recommendations contained in the February 1, 1998 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 spring will meet the following: 7 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, nitates, dissolved solids and is determined to be "fit for human consumption".. 3) 4) s) 6) t? €- ) <..))- 8 I I I lr I 1l i, t, l 'l l:. I \' rl :l- I .t .l I jt rtl I I' I oo { ) r.-oo I/t tyiv 1 [ilr -t'lLrJ 1 Jn \\i''t,/' a -) G---- c---No5_\ t'lz ov{ i m: aQ t-P tr9qf9o.=(J< ii ll llt,I qgsodoud N)). a ) t) Is. oMZ6U E6U /' ,tr( l 4 ( C' t. ..__-) oo i ll' ll il tl,.[, il\ !1 tdt ! ! I ) of o I 6o@ ll ll il aan@ FF t,fI t\ L () (- N I \ o o I I I i i., a I )1 ( I ( \ ., r ) -.9 ),6/.'3-E ! - _ _(/) r I I - 5760 (-l i) N - -r:'- - ) d € E @ \, tD agb FL @ I I ll ..\ 'm s t 31!N'tN 99 NOU1Nnr ONVAg -r-6,- t31! td) 35 ttt €9t, T.,,, % rb Sl^iP tl.-\. u^.r A (,., L9au> SOr})^r,lr-\ faah,rh L-l 15 Src. t ).\ SD^,il*';r.4- + ud.ueJq s H[r F IN \ N \v 555 oo,qE ea^a\L, ORICIML PARCEL r Ro? 3 ADNI/\ P -? 5 /// 5. Rrrle Ftne PnorEcnoN Drsrntcr February L, 1998 Scott and Shona Hoffmeister730 East AvenueRifle, Colorado 81550 Reference : Proposed Subdivision exemption, Mr . & Mrs . Hof fme j-ster, Sincerel v Morgict Chief County Road 227 The Rifle Fire Protection Dist,rict has reviewed theproposed subdivision exemption of property located onC.ognty. Rgr9 227 . It is the DistricLs undeistanding tharthis division will create one separate parcel ofapproximat,ely Lwo acres. It is also the- Districtsunderst.anding that this property would be used forconsLruct.ion of one, si:]g1e fam1Iy dwel1ing.The above property is within Lhe boundiries of theRifle Fire ProLeclion-District. Fire and Emergency Med.icalServices are provided to the area by the nistiict-. Inorder to assj-st, the District in it's capabilit.ies ofproviding tlrese services, w€ would make- the f cillowingrecortrnendations ; 1. Defensible'space: Vegetation should be removed fromnear any structures on Ehe property to provj-de',a safe zonein the event, of a wildlanO -ti_rE. - 2 . Construction mat,erials: The District reconrnends the useof a classified roof covering and non-combustible sidingmat.erials to minimize threat6 from a wildland fire. 3. Road construction, when constructing Lhe access roadwayint.o- the property, consideration should be given to theweights of {+rg apparatus and accessibility-d.uring adverseweather condi-t.ions. !. Posting of address: The address of the property is tobe posted where the driveway accesses the tou-nty ft.oad.Letters are to be a minimum of 4 inches in height, L/2inch in width and contrast with the background-coior3. As the t.ime comes closer for construct.ion ofstructures on_the propgfLy, the District would be happy toset down and discuss wildland concerns in greater aeLlir.Thank you for your cooperation and feel frEe t.o contact meif I can be of-further assistance. Telephone (970) 625-1243. Fax (970) 625-2963 1850 Railroad Avenue . P.O. Box 1133 . Rifle, Colorado 81650 Distr --