HomeMy WebLinkAbout2.0 Staff ReportI
Project Information
REOUEST: Preliminary Plan review for Ninas' Exemption Lot I and Lot 2
(Currently known as Hunt Exemption Lot 1)
APPLICANT/OWNER: John P. & Janice M. Cardinale
LOCATION{: TBD Jewell Lane, aka 259 Road
WATER: Welli Shared Well
SEWER: ISDS
ACCESS: CR 259
EXISTING ZONING: AARD
I. PRPJECT INFORMATION
1) The Applicanq John P. & Janice M. Cardinale, propose to subdivide their 14.43
acre Property into two lots; Lot I having 6.337 acres and Lot 2 having 8.096 acres.
The Property is located east of The City of Rifle on County Road 259 also know as
Jewell Lane. Accessible from County Road 233 known as Silt Mesa Road. The
topography of the property is characterized as being flat and the vegetation on the
Properly is a hay and grass mix described as pasture. Also on the property is existing
irrigation ditches that run from the Silt Pump Canal and a stock pond.
2) Atpresent, the properly contains no structures. Is fenced on all four sides and has
another fence on the proposed Lot 2 running north to south. This request will allow
for a dwelling on Lot I and a dwelling on Lot 2 with a driveway access for each unit
from Jewell Lane (County Road 259). The Road and Bridge Departrnent has permitted
driveway enffances.
ID REFERBAL AGENCIES
1) RE-2 School District.
2) Proposed sub-division is located in an unincorporated area of Garfield County.
Not within any City or Town limits.
3) Colorado Division of Water Resources has approved for Two (2) dwelling units
from the existing well, Pemrit No. 057695-F, no additionat well test was required.
4) West Divide WaJer Conservancy District recognizes the use of two dwelling units
from the well. An agreement shall be made for such use to each lot.
UD COMMENTS
1) ZONING I
The Property is zoned AARD. The proposed subdivision provides 2 lots that are no
srnaller than? acres which complies with the zoning regulations.
2) COMPREHENSIVE PLAN
The density of the proposed subdivision contains one dwelling unit on the 6.337 acre
Lot I and one dwelling unit on the 8.096 acre Lot 2.
3) WATER SUPPLY
Domestic water to each of the proposed lots shall be provided by an existing well that
yrelds 15 gpm (permit no.057695-F) which is located on Lot 2 with an easement to the
west for access to Lot 1. The use of this well shall be governed by a Water Well
Agreernent that describes the ownership, maintenance, and cost responsibilities of each
owner . Each party is entitled to a one-half (%) interest in the well. The Applicants have
delineated (on the plat) a well easement from the proposed Lot 2 to the proposed Lot I
in a westerly direction. The Division of Water resourcos has approved such use (permit no.
057695-F). Irrigation Water for the proposed subdivision is supplied by the Silt Water
Conservancy District. Each lot shall have access to their respective water rights from a
head gate. For Lot I it is Gate No. 92 t/z .ForLot2 it is Gate No. 92. Each of these two
gates are existing and are located along the Pump Canal which boarders the northerly
property lines.
The Applicants have provided a pump test report and a water quahty report which shall
pertain to the shared well.
4) HOMEOWNERS ASSOCIATION / COVEN.+.NTS
As required as part of subdivision, the Applicant shall be required to formally establish a
Homeowners Association (HOA) or other legal entity to administer covenants that govern
water rights and maintenance of water supply serving each, of two, parcels within the said
subdivision. Section a:91(BX1) and (2) require the Applicant to describe 1) the nature of
the legal entity which will own and operate the water system; and?) the proposed method
of {inancing the water system.
s) WASTE WATER
Each dwelling on each, of two, lots shall have their own ISDS (septic / leach field)
system. Each system shatl be designed and built to comply with a recommendations
made by CTL Thompson Engineering and Soils Report dated May 23,2003.
Subdivision regulations require the Applicant to submit a plan for maintaining each
individual ISDS systern on each, of two, lots. The National Small Flows Clearing
House (Fall 1995 issue, Vol6, No. 4) entitled "Pipeline: Srnall Community Wastewater
Issues Explained to the Public" which is a guide for homeowners to maintaining septic
systems. Providing details on maintenance and septics work.
6) FLOODPLATN
The property is subject to periodic flash floods. The rate of flood is moderate (CTL
Thornpson Report; Flash Flooding, pg 3). Mitigation can be with site grading and
channelization away from proposed residences. It is recommended that residinces
be raised on building pads elevated above adjacent ground with the top of the pad
elevation to be at least 3 feet above existing $ade. Andz feet above 100 year flood
elevations.
7) SOrLS ANp GEOLOGY
The Applicant has provided information regarding soils and geology in a report
completed by crl- Thompson, Inc. consulting Engineers, Glenwood springs.
The topography is flat. Vegetation is pasture in a mix of grass and hay.
soIL TYPE: consists oJ'a surficial layer oJ'organic sandy clay "topsoil" above
sandy clays underlain by clayey sands. The clayey sandswere unierlain by gravels.
Free ground waler was found at 3 /bet at the time of drilting. Recommendation is to
build pads elevated above adiacent ground. The top of thebuilding pad should be at
least 3 feet above the existing ground surface. Residences can befoinded onfootings
placed on "stabilized" sandy clays and clayey sands.
No geological hazards.
10) WILpLTFE
No evidence of wildlife. No comments were made by the Division of wildlife.
11) FrRE PROqECTTON
Rifle Fire Districts recommendations are addressed in an attached letter. While not as
requirements for service. A defensible space shafl be developed.
8] ROAD / ACCESS
Both proposed Lots shall have access, as shown on the plat, from county Road 259,
also known as Jewell Lane. Garfield County Road and briage Deparfinent has issued
permits for each lot. Lot I permit no. 81 *O t-ot 2 permit rol gZ. There are no easements
through either lot.
9) DRAINAGE
Existing drainage pattems will be maintained and will not adversely affect the proposed
subdivision or adjacent properties.
12) VEGETATION
1" prop..ties vegetation can be characterized as pasture. Consisting of Hay and Alfatfa
Grass mix and less than a half dozen small trees along with brush.
13) ASSESSMENTS AND FEES
The Subdivision shall be required to pay any Traflic Impact Fees, School Land Dedicaion
Fees and Fire Protection Fees where applicable.
14) OPEN SPACE
The Applicant does not intend to dedicate any open space as part of the subdivision.
I5) RECOMMENDATIONS
That proper publication, public notice, and posting shall be provided for the planning
Commission Hearing.
That the Planning Commission Hearing is extensive and complete. All facts, matters andIssues were submitted and all interested parties were heard atihe hearing.
The application is in compliance with the standards set for the Section 4:00 of the GarfieldCounty Subdivision Regulations of 19g4, as amended.
}at the proposed subdivision conforms to the Garfield County ZonngResolution of1894, as amended.
That the proposed use is in the best interest of the healttu safety, morals, convienence, order,prosperity, and welfare of the citizens of Garfield County.
16) STAFF RECOMMqNDATTONS
Staffrecommends thatthe Planning Commission recommend APPROVAL to the GarfieldCounty Board of Commissioners for the preliminary plan request for the Nina,s Sub-Division with the following conditions:
Ihatall representatiolr Tud"_by the Applicant in the application, and at the publicHearing before the planning commission, shall be con,litions of approval, unlessspecifically altered by the planning Commission.
lhat the Applicant shall provide land dedication for the School tmpact Fees. And thatthese funds be paid as part of the closing sale of the subdivision lots.
That the Applicant shalf.cSle an unincorporated Homeowners Association (HOA) whichwill outline the responsibilities of the pardes as to water rights, governance of the sharedwell between Lot I and Lot 1 of said iubdivision, gor*ui"" o?*," management plan
9'ft" ISDS, governance of the weed management. Proof of the HoA shall be presented atthe time of the Finat plat.
Ih"$" glosing sale of the subdivision lots pay the appropriate fees for school impact andThe fre district.
!z) The Applicant shall provide the following Plat Notes as well as provide them in theCovenants, Conditions and Regulations:
A) colorado is a "Right to !arm" State pursuant to C.R.s. 35-3- l0 l, et seq. Landowners,
Residents and visitors must be prepared to accept the activities, sights, sounds, smells ofGarfield county's agricultural operations as a normal and necessary aspect of living in aCounty dft 1 strong rural character and a healthy ranching sector. All must be pr$ared toencounter noises, odor,lights, mud" dust, smoke chemicali machinery on public roads,livestock on public tgud-t,-tt*uge and disposal of rnanure, and the application by sprayingor otherwise of chemical fertilizers, soil amendments, her6icides, and pesticides, *y or"or more on which may naturally occur as part of a legal and non-negligent agriculturaloperations."
B) " No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision.one (1) new solid-fuel burning stove as defined by C.R.s. is-l-qot,et. seq. and the regula-tions promulgated thereunder, will be allowed io ary dwelling unit. All dwelling units shallbe allowed an unrestricted number of natural gas or prop*" b"uming stoves andippliances. ..
C) * All owners of land, whether ranch or residence, have obligations under State Law andCounty regulafions with regard to the maintenance of fen.", uid irrigation ditches, contollingweeds, keeping livestock and pets under conftol, using property in accordance with zoning,And other aspects of using and maintaining property. Rlsidents and Landowners areencouraged to learn about these rights and responsiUitities and act as good neighbors andcitizens of the County' A good sollrce of information is " A Guide to Rural Living and SmallScale Agriculture " put out by Colorado State University Extension office in GarfieldCounty. "
o)-'-eu-gxterior lighting will be the minimum amount necessary and all exterior lightingwill be directed inward and downward toward the interior of the subdivision, "r.."i, trrutprovisions may be made to allow for safety lighting that goes beyond the property^boundmies. "
E)-* one (1) dog will be allowed for each residential unit and the dog shall be requirodto be confined to the owner,s property boundaries. .,
18) RECOMMENDED MOTION
" I move to recommended APPROVAL of the Nina's Subdivision preliminary plan withconditions to the Board of County Commissioners. ,.
JOHN P. AND JANICE M. CARDIN ALE
348 E. Vista Dr.
Silt, CO., 81652
970-876-5669 Phone and Fax
970-948-3575 Cellular
johncardi@yahoo.com
February 8,2004
COVENANTS FOR NINA'S E)GMPTION LOT 1 AND LOT 2
I. Animals. No more than one Dog for each residential unit. And the Dog shall be
required to be confined within the Owner,s property boundaries .
2. Fireplaces. No open hearth solid fuel fireplaces will be allowed. One new solid fuel
burning stove as defined by c.R.S. zs 7 4ol, et.seq., and the regulations permitted
thereunder will be allowed in any dwelling unit. Dwellings will be allowed an unrestricted
number ofnatural gas and or propane gas burning stoves and appliances.
3' Lighting. All exterior lighting shall be directed inward towards the interior of the subdivision.
4. construction of trBC Modular Homes are permitted and must be constructed on a
Permanent Foundation.
5. Mobile Home Structures. Mobile Home type structures are permitted only as a temporary
residence while construction of a permanent dwelling is in progress, oNLy for as long
as the county Permit allows for the temporary occupancy is in effect.
The mobile home must be removed upon compretion of the permanent dwelling.
6. Minimum Residence Size. The minimum living space of the primary residence shall not be
less than 1200 Square Feet measured on the out side walls on one floor exclusive of
porches, garages and carports. Any secondary (caretaker or mother inJaw) residence shall be
attached.
7. Parking of motor vehicles. Parking of motor vehicles that are not in operating condition
and currently licensed shall be in a covered building that shields them from view Uy neighbors
and those using public roads.
8. No further subdivision shall be allowed , except where it is provided for in an Approved
Preliminary Plan or when the zoning of the property allows.
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APPLICANT
gfFrcE oF THE STATE ENGINEER
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