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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.01.04Exhibits for Public Hearing held on 03101104 A Mail B Proof of Publication Garfield Re of 1978 as amended Garfield Subdivision ons of 1984 as amended Garfield ve Plan of2000D A materialsE Staff MemorandumF G Email from the Road and dated 213104 Letter from Rifle Fire Protection District dated lll3l04H Letter from Arvelda Ward dated ll2ll04I Memo from the V,Director dated2ll8 2004tionJ Letter from the of Rifle Director dated 213104K Email from the Town of Silt Director dated 216104L Letter from Golenda Covert received on F 23 2004M e 3'l,d BOCC 03101104 FI PROJECT INFORMATION AND STAFF COMMENTS Exemption fromthe Definition of SubdivisionREOUEST OWNER (APPLICAND Kenneth and Marilyn Latham PROPERTY LOCATION 1985 County Road 293' west of Rifle SITE DATA 59.94 acres WATER Shared Well SEWER ISDS CR 293ACCESS EXISTING ZONING A/R/RD SURROUNDING ZONING A/R/RD I. DESCRIPTION OF TIIE PROPOSAL .93acrespropertyintoatotalof4lotswhereI.otlhas 33.7 acres, Lot 2 has 6.63 acres, Lot 3 has 8 acres, and lot 4 has I 1.6 acres. The property is located approximately 1.5 miles west of the City of Rifle on County Road 293 (North Graham Road) on the edge of the Graham Mesa. The property contains a wood frame single-family dwelling serve{ by a gravel driveway. Topography orti. property can be characterized as mostly rolling hills and rt#.#_.'* II pasture lands historically and presently irrigated / cultivated with a network of irrigation ditches and some limited steep slopes on the periphery of the property. I AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS Section 8:10 provides the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. III. REFERRAL AGENCIES The application was referred out to the following agencies / county departments for their review: a. County Road and Bridge Department (Exhibit G) b. Rifle Fire Protection District (Exhibit H) c. County Vegetation Management Director (Exhibit J) d. City of Rifle (Exhibit K) e. Town of Silt (Exhibit L) Iv. GENERAL COMPLIANCE WITH THE COMPREHENSIVE PLAN The property is located in Study Are a2.Ttte area is designated as "outlying residential" in the plan which assumes the development density of the underlying zone district of a minimumof 2 acres or more per dwelling unit. The property is located within the 2-mile sphere of influence of Rifle. V. STAFF COMMENTS l. 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. For the purposes of definition, all ffacts of land thirry-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January l, 1973." Staff Finding The application contains a series of deeds showing the transfer of ownership dating backto 1947 which indicates that the basic property consisted of two 4}-acrc tracts (NW1/4 of the NW 7a and the SW Yt of theNW 7+ of Section I I , Township 6 South, and Range 93West). While several small portions were removed from the 80 acres, they were done long before January 1,1973. Therefore, {re present tract land containing sg.gi-acres was the same configuration as of Janaary l-,-1973 and therefore renders the parcel eligible for an Exemption from the Definition of Subdivision. B. All Garfield Countv zonins requirements will be met Staff Finding The property is zoned AgriculturaU ResidentiaU Rural Density (A/R/RD). As proposed, the lots comply with the minimum lot size. All proposed uses shall comply with the uses set forth in this 2 zoning and a1l structures shall comply with the uses and dimensional requirements stated therein' The proposed exemption will not.onni"t with the underlining zoning as proposed- Stafffinds this standard to be met. C. Lesal and Phvsical Access s""fficreatedwillhavelegalaccesStoapublicright.of.wayandany necessary access easements have been obtained, or are in the process of being obtained"; Staff Finding Access to the property is provided by way of a25 foot access easement from County Road 293 across property o*o"d by Olive Coombs. The Applicant proposes to provide access to the newly created lots via the same easement from CR igl *itn an easement agreement that outlines ownership and responsibilities of the lot owners to the easement. This agreement is located as Exhibit p in the application entitled "Proposed Declaration of Private Roadway / Easement and Maintenance Oblilations." Staff referrid the application to the County Road and Bridge Department whictistated they didn't have any issues with the proposal and that the present driveway in place on CR 293 compiles with the requires specifications and that no additional permit is needed. Because the existing driveway to the property will be converted to a private access road serving the new lots theiounty does not have jurisdiction over those individual driveways that will be installed to those new lots over time. [As a side note regarding traffic, the background traffic (average daily trips) on CR 293 coming from CR 210 heading *Jrt towards Rifle ii I117 as of the summer of ZCfJ/2.Three new lots with a combined average oily trip count of approxim ately 28JLtrips are equal to a2.5%o increase to that background traffic.l D. Water Section 8:52 D of the Subdivision Regulations states "the Board shall not Srant an exemption unless the division proposedfor exemption has satisfied the following criteria: Provision has been made for an adequate source of water in terms of both the legal and physical quality, Emntity an'd dependabiliry, and a suitable type of sewage disposal to serve each proposed lot"; Staff Finding presently, the domestic water on the property for the Latham residence has been provided by the Latham'Spring which produces between 6 and 12 gallons a minute. The Applicant proposes to provide water to three of the lots (Lots 1, 3, and 4) from the spring which has been permitted as a well by the Division of water Resources in permit # 252232. This is an exempt well permit that allows for water to serve up to three single0family dwellings, fire protection, and the irrigation of not more than 1 acre of lawn / gardens and the *ut"ting of domestic animals. (This Spring / Well (permit #25 213l)shall be governed by a well sharing agreement entitled "Water Well Communiry Siaring and Maintenance lgr""-"ni' also included in the application where each lot receives a 1/3 interest). 3 The Applicant has also received an additional well permit (#59991) with an augmentation contract lapproveO and activated) fromtheWestDivideWaterConservancyDistrict (#O3ffi24l<iivL(a) that *ili ..*" l-atz.It appears that legal water for the proposed lots is in place' Therefore, as normally required, the Applicant shall be required to provide pump tests on the new well proposed to provide water to [-ot 2 of the exemption pursuant to Section 8:42(D) of the Subdivision Regulations of 1984, as amended which requires that "priorto the signing of aplat, all physical water supplies shall demonstrate the following: 1. That a four (4) hour pump test be performed on the well to be used; 2. A well completion ."po.t demonitrating the depth of the well, the 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 written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5. An assumption of an average oinoless than 3.5 people per dwelling unit, using 100 gallons of water per Person, Per daY; 6. If the well is to be shared, aiegal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; 7. The water qrufityt" Iested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. Regarding irrigation water, both well permits provide for limited irrigation to the new lots' In adJition, ihe Applicants proposes to convey .1 cfs from the Rifle Creek Canyon Ditch to each Lot (2,3, and4) while reserving .5 cfs for l-at2 for irrigation purposes. E. Sewer ,,The Board shall not grant an exemption unless the division proposedfor exemption has satisfied the following criteria: Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disoosal to serve each proposed lof'; Staff Finding The Latham residence is presently served by and ISDS. The Applicant proposes that wastewater from the 3 new lots (Lots 1, 3, *d 4; will be dandled through Individual Sewage Disposal Systems (ISDS). Based on the soil types in the area, Staff shall require that the Individual Sewage Disposal Systems shall be "ngin""r"i by a Professional Registered Engineer within the State of Colorado' This shall also be included as a plat note on the final plat' F. All state and local environmental health and safetv requirements have been met or ane in the process of beins met 4 staff Finding There are no additional state or local health or safety requirements to be met as a function of this Exemption. The Applicant shall be required to comply with all of the standards and criteria for the construction of ISDS as required by the Colorado Division of Public Health and Environment. Staff finds this standard to be met. G. Soils Staff Finding There are five soil types in the area on the property which are listed here with their comments regarding community development on those soils: large stones and steep slopes. Structures to divert runoff are needed for road. by steep slopes and low strength. by low strength and shrink-swell potential. Dwellings and roads can be designed to compensate for these limitations. Community Sewage systems will be needed if the population density increases. strength and shrink-swell potential. Dwellings and roads can be designed to compensate for these limitations. Community Sewage systems will be needed if the population density increases. Rock outcrop, steep slopes, and stoniness. These limitations can be overcome by appropriate design and construction. Therefore, Staff finds thatbased on the limitations outlined in these soils types, the final plat shall contain a plat note require all foundations and septic systems to be engineered by a professional engineer registered in the state of Colorado. H. Fire Proteqtion Staff Finding The property is located in the Rifle Fire Protection District. The Comprehensive Plan shows the property is located in an area of moderate wildfire hazard due to vegetation and steep slopes. The District provided the following comments (see Exhibit H). 5 The RiJte Fire Protection District does provi.defire and emergency medical services to this area. In order to assist the District ion its ability to provide these cervixes, the following comments are provided to the proposal. 1. The area does meet the minimum requirement of having a minimum of j0,000 gallons of fire protection water within two miles. It should be noted that the water supply is limited and therefore the District's ability to suppress fires will be limited as well. 2. Vegetation should be removedfrom near any structures in order to provide a safe zone in the event of awild landfire. 3. When constructing access roadways, roads should be a minimum of 20 feet in width and consideration is to be given to the weight of fire apparatus and accessibility during adverse weather conditions. 4. Addresses are to be postedwhere the shared driveway intersects with the county road as well as where the individual driveways intersect with the shared driveway. Ittters are to be a minimum of 4 inches in height and t inch in width and in contrast with background colors. These shall all be made conditions of approval as plat notes. L Anv necessarv drainase. irrigation or utilitv easements have been obtained or are in the process of beins obtained Staff Finding Staff finds the Applicant is obligated to provide legally described and depicted easements on all irrigation ditches, water lines, spring boxes, and access points that are to be shared among the lots. Specifically, the Applicant shall be required to establish a maintenance and access easement to all components of the shared water system from the spring / well for the benefit of Lots 1,3, and 4 which shall include all components of the shared water system. This easement shall be legally described and depicted on the final plat as well as in the protective covenants. The Applicant shall be required to legally describe and depict all ditch easements that will convey water to newly created lots on the final plat in the same manner as the domestic water system components described above. The Applicant shall be required to legally describe and depict all telephone and electric utility easements that will convey service to all the proposed lots. This shall be shown on the final plat. J. VegetationManaeement Staff Finding Regarding noxious weeds on the property, the following comments were made by the County Vegetation Management Director (see Exhibit J): 6 A. Inventory and mapping-Staff requests that the applicant map and inventory the property for Garfield County Listed Noxious Weeds. There may be Russian olive, tamarisk, and Russian knapweed on the property. B. Weed Management-The applicant shall provide a weed management planfor the inventoried noxious weeds. The County is particularly concerned about noxious weeds found on irrigation ditch banlcs. C. Covenants-Weed management for the Association and each individual lot owner is not addressed in the covenants. Staff requests that the applicant add wording in the covenants that mentions the responsibility of landowners to manage County Listed Noxious Weeds according to the Colora.do State Noxious Weed Act and the Garfield County Weed Management Plan. D. Common Areas-Staff requests that the applicant address the roadside weed mnnagement of the road that will be utilized by the lot owners as far as who will be the responsible parry? YI. STAFF RECOMMENDED 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 complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard atthat meeting. 3. That for the above stated and other reasons, the proposed exemption has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption. VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE this application for a subdivision exemption with the following 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 of approval. 2. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of conditional approval of the exemption. 3. Prior to the signing of a plat, the Applicant shall provide proof to the Building and Planning 7 Department that a well test for the well to serve [-ot 2 which demonstrates an adequate pump rate and water quality pursuant to subset a - g below. If the aforementioned proof is not submitted, the Applicant shall be required to conduct a well pump test that demonstrate the following points: a. That a four (4) hour pump test be performed on the well to be used; b. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d. 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; e. An assumptio, oi an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per Person, Per daY; f. If the well is to Ue shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; g. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. 4. That the following plat notes shall appear on the Final Plat: a) No further divisions by exemption from the rules of Subdivision will be allowed' b) No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One (l) new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, willbe allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c) All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inwardand downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d) Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. e) 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 8 a County with a strong rural character and a healthy ranching sector. 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 chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non- negligent agricultural operations. 0 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, a16 other aspects of using and maintaining property. Residents and landowners are encouraged to learn 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. g) One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. The mineral rights associated with this property (also known as Parcels I,2,3, and 4 of the Latham Exemption) have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). i) Vegetation should be removed from near any structures in order to provide a safe zone in the event of a wild land fire. j) When constructing access roadways, roads should be a minimum of 20 feet in width and consideration is to be given to the weight of fire apparatus and accessibility during adverse weather conditions. k) Addresses are to be posted where the shared driveway intersects with the county road as well as where the individual driveways intersect with the shared driveway. lrtters are to be a minimum of 4 inches in height and I inch in width and in contrast with background colors. 5. The Applicant shall address the following vegetation management issues with the County Vegetation Manager prior to final plat: a. Inventory and mapping: The Applicant shall map and inventory the property for Garfield County Listed Noxious Weeds. There may be Russian olive, tamarisk, and Russian knapweed on the property. 9 o b. Weed Management: The Applicant shall provide a weed management plan for the inventoried noxious weeds. The County is particularly concerned about noxious weeds found on irrigation ditch banks. c. Covenants: Because weed management for the Association and each individual lot owner is not addressed in the covenants. The Applicant shall add wording in the covenants that mentions the responsibility of landowners to manage County Listed Noxious Weeds according to the Colorado State Noxious Weed Act and the Garfield County Weed Management Plan. d. Common Areas: The Applicant shall address the roadside weed management of the road that will be utilized by the lot owners as far as who will be the responsible party? 6. Staff finds the Applicant is obligated to provide legally described and depicted easements on all irrigation ditches, water lines, spring boxes, and access points that are to be shared among the lots. Specifically, the Applicant shall be required to establish a maintenance and access easement to all components of the shared water system from the spring I well for the benefit of Lots 1, 3, and 4 which shall include all components of the shared water system. This easement shall be legally described and depicted on the final plat as well as in the protective covenants. 7. The Applicant shall be required to legally describe and depict all ditch easements that will convey water to newly created lots on the final plat in the same manner as the domestic water system components described above in condition 6. 8. The Applicant shall be required to legally describe and depict all telephone and electric utility easements that will convey service to all the proposed lots. This shall be shown on the final plat. 9. Upon furtherreview of the EASEMENT DEED which provides present access to the Latham property from CR 293 andwhich is recorded in the Clerk and recorder's Office in Book 1 199, page748, it is silent on the issue of whetherthe easement is an "exclusive" or "non-exclusive" easement for the benefit of the Latham property. As a result and prior to final plat, the Applicant shall provide a legal opinion as to the nature of the easement and its ability to provide for legal non-exclusive access to Lots 1 -4 ofthe Latham Exemption should the Board approve the request. 10 Fred Jarman From: Sent: To: Cc: Subject: Wendy Mead Tuesday, February 03, 2004 10:16 AM Fred Jarman Kraig Kuberry Latham Exemption Fred, Kraig looked over the Latham Exemption and he has no suggestions, everything looked fine. Ifyou have ant questions, please contact Kraig directly Thank you. Wendy Mead 1 Rlrle FIRE PnorEcrron DlsrntcT Jannary 13,2004 Snrver anO trMoine, p,C. 120 West 3'd Steet F.O. Box 907 Nfle, Colorado E1650 Reference: Latham Subdivision Exemption l lvk LeMoine, . The Rifle Fire Protection Districthas reviewed the proposed suMivision exemption ofthe Latham:|gn.rtr near cor:nry Road 2g3 nRifl;. fir tn" okl"" *J"ro"iahe tlr,yourproposal isto take one parcel ofpropcrty of ap,proximately 59.9iB,acr.r *a to create 4 parcels. !1! narcel being described- approxi*r"ry o ii;q ;r;; ?iJ ril, g.o ,rcres, annn-70 acres. The District firther understanas that the proposed *"r *ifiL ' The Rifle Fire Protection pistrici does provide fire aod emergeocy medieal services to'ttris area ln order to assist the District in itis ability to Eovide these senri""s, * *o,rla make the following comrnents on the prolnsal. l - The area doc..s mea the minimum rquirement of having a minimum of 30,000 gallons of fire protection water within two miles. tt shoild be aoted, that the water supply is limited and therefore the Disticts ability to suppress fires will be limited 2- YeAetatton should'be removed from near any.strricttres in orderto provide a safe zone in the event of a wild land fire. 3- S/hen constructing access roadwa5rs; rs.ads should be a mirvrnum of 20 fet in width and consideration is to ue givn to the ureights of6re apparatus and aocsssl5;lity &ring adterse urearier cooditions.4. Addresses are to be posted whe,re the shared driveway intcrsects with the County Road as well as where fte individual driver*ays intersect with the sharcd driveway: Letters are to be a minimum of 4 inches in heigtrt atd%inch in width and in contrast with background oolors. Thank you for your coopcration ead feel free to contact me if lou.have any additional questions- e.- Mke Chief Morgau Telephone (970) 625-1249 . Fa.:< (970) 625-2960 1850 Railroad Avenue . Rifle, Colorado g1650 fu21*eor/ JZ/* u,r./r*Jo +hrt frEal 7AJ Itr,,J p /2q )*..,ry"Dt F et-71 RECEIUEI}JAN:3Effi.i 7-1" -Vr*"rr"l + c -Lfr"( O-t t/ A *.<--ih,6J MEMORANDT]M To: From Re Date: Fred Jarman Steve Anthony Comments on the Latham Exemption February 18,2004 Thanks for the opportunity to comment on the Latham Exemption. My comments are as follows: Noxious Weeds A.I-nventory and mapping-Staff requests that the applicant map and inventory the property for Garfield County Listed Noxious weeds. There may be Russian olive, tamaiisk, ani Russian knapweed on the property. weed Management-The applicant shall provide a weed management plan for the inventoried noxious weeds. The County is particularly concerned about noxious weeds found on irrigation ditch banks. Covenants-Weed management for the Association and each individual lot owner is not addressed in the covenants. staff requests that the applicant add wording in the covenants that mentions the responsibility of landowners to manage County Listed Noxious Weeds according to the Colorado State Noxious Weed Act and the Garfield County Weed Management Plan. D.Common Areas-Staff requests that the applicant address the roadside weed management of the road that will be utilized by the lot owners as far as who will be the responJible party? B. C. CITY @/ RIFLE 202Railroad Ave. 'P.O. Box 1908 . Rifle, Colorado 81650 . (970) 625-212l. Fax (970) 625-3210 February 3,2004 S Matt Sturgeon Planning Director i i: f1 {) l, 200\ ri ,",i,. ti j,li ; fMr. Fred Jarman Garfield County Building and planning Dept. 108 8"' Street, Suite 201 Glenwood Springs, CO 81601 RE: Latham Subdivision Exemption Dear Fred: Thank you for offering the City of Rifle an opportunity to review the above referenced subdivision exemption application. The City of Rifle has no comment regarding the request. The City is not able to serve the subject property with City services, and tlhe question of annexation will not be an issue for at least ten years. The County should carefully review the dependability of the proposed domestic water supply. Staff makes this recommendation because the West Divide Water Conservancy District makes a special effort to call into question the availability of water (Exhibit G, taragraih t;. Additionally, the soil description for the identified soil type indicat., u n".J for engineered foundations. Should you have questions regarding the position of the City of Rifle on this matter,please contact me at 625-6224. Planning and Development Department . 970-625-6224 . (fax) 970-625-6268 . planning@rifleco.org jl Fred Jarman From: Sent: To: Janet Steinbach [janet@townofsilt. org] Friday, February 06, 2004 1:54 pM Fred Jarman Latham ExemptionSubject: Fred: The Sil-t Planning & Tuesday, and offers not Silt. Thank you Janet G. Steinbach Community Development Dj_rector Town of Silt(970) 816-2353 phone(970) 816-2931 faxj anetGtownofsj-1t . org www. townof siJ-t . org Zoninq commissj-on reviewed the Latham Exemption apprication lastno comments, as the property is clear]y on the outskirts of Rifle, andfor the opportunity to comment I L +nrrLc-J-J4rJv I )raa- G.**-h,- ht o.-Lw O"t- =9 a-w\- TECElTEDTEB23?OO{ O-r- / e-^-., + / €l-dl&/&&. S ?.f S dz-te 4,J l Jooy- I J+dfi$ Zo .JJ-4 ' 3Jr4 a)qo r.qnotL at ) -t 44L *zP 6-z-bL*,A-tu ' .r(--.+a.c.(n