HomeMy WebLinkAbout2.0 BOCC Staff Report 11.27.2000• •
BOCC 11/27/00
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Gregory J. and Anne E. Tamburello
ATTORNEY: John W. Savage
LOCATION: Along CR 210, in the Cactus Valley area, east
of Rifle, Colorado. A tract of land situated in
Section 2, Township 6 South, Range 93 West
of the 6th P.M.
SITE DATA: 40 +/- Acres
WATER: Either shared well or cistern
SEWER: 1SDS
ACCESS: Private easement to County Road 210
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN:
According to the Garfield County Comprehensive Plan of 1984, this site lies in "District B —
Subdivisions / Rural Serviceable Areas / I/2 to 1 Mile Radius / Minor Environmental
Constraints". District B is described as having a good ability to absorb growth. The
suggested density is no more than one (1) dwelling unit per two (2) acres (unless an adjacent
subdivision has a higher density, in which case it may be increased, subject to certain
parameters).
II. DESCRIPTION OF THE PROPOSAL
A. Site Description and Development Proposal: The 40+/- acre property is located east
of Rifle, along County Road 210. The applicant proposes to create three (3) lots
about 10, 10, and 20 acres in size. The topography varies widely across the site from
somewhat level to steep cliff sides. The predominant vegetation is pinyon and
juniper. The applicant owns two adjacent parcels to the south and west of the
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property which are the subject of a sketch plan application. The access crosses the
adjacent sketch plan property to this site. Two ponds exist on the sketch plan site.
B. Applicability: Section 8:10 allows 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. REFERRALS
The application was referred to the following review agencies for comments:
A. Rifle Fire Protection District: See letter, page lei .
B. Garfield County Road and Bridge Department: See memo, page /1 . Recommends a
20' fence setback, brush removal, and limiting access to one entrance on the county road.
A driveway permit will be necessary.
C. Garfield County Engineer: To date, no reply has been received.
D. City of Rifle: To date, no reply has been received.
IV. 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 createdfrom 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; 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 natural feature, preventing joint use of the 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; For the purposes of definition, all tracts of land
thirty-five (35) acres or greater in size, created after January 1, 1973, will count as
parcels of land created by exemption since January 1, 1973."
The applicant has provided proof of ownership in the form of a recorded special
warranty deed (book 818, page 770). The parent parcel was about 94 acres in size
from which two parcels now exist: a 54 ac. parcel (#2177-02-1-00-288) and the 40
cog
a. parcel which is the subject of this application (#2177-02-1-00-271). The requerequest to divide the 40 acres into three (3) rural residential lots approximately 10, 10, and
0 acres in size. Based on the information provided, the property appears to quail1
r the three (3) lots requested. If the request is approved, no more exemption lots
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would be permitted under Garfield County regulations.
B. Comprehensive Plan: The proposal appears to be generally consistent with the
comprehensive plan. However, the comp plan contains performance standards on
pages 27-40. Of particular significance is the Natural Environment section which
discusses how to deal with steep slopes, surface drainage, and vegetation removal.
According to the comp plan, slopes exceeding 25% should be restricted from
development. Areas of disturbance should be revegetated with appropriate, rapidly
established vegetation. Development on moderate slopes (16-24%) should be
designed to fit the contours, without any leveling or benching. Cut and fill areas
should be kept in balance and to a minimum. The existing natural drainage system
should be utilized to the fullest extent possible with disturbance of natural drainage
courses minimized. Disturbance of the existing vegetative cover should be
minimized.
If the proposal ensures adherence to the performance standards and includes an
appropriate note on the plat, staff has no further concern about compliance with the
comp plan.
C. Zoning Regulations: The applicant should be aware that Garfield County Zoning
Regulations prohibit disturbance of slopes 40% or greater, unless certain criteria are
met. Section 5.04.02 (2) states:
Development Limitations Based on Lot Slope:
(2) Lot Size 1 Acre or Greater: Such lots shall have a minimum building
envelope of 1 acre in an area that has less than forty percent (40%) slopes;
however, a smaller building envelope may be approved by the Board after
review of the following which shall be submitted by the applicant:
(A) A soil land foundation investigation prepared by a registered,
professional engineer.
(B) A topographic survey with contour intervals of not more than two (2) feet.
(C) A site grading and drainage plan prepared by a register, professional
engineer.
(D) A detailed plan of retaining walls or cuts, and fills in excess of five (5)
feet.
(E) A detailed revegetation plan.
All of the above shall show the minimum building envelope size for each lot and
shall provide evidence that all structures and acilities can be built within such
building envelope area so as not to disturb any arty percent (40%) slope area. The
following shall be conditions of any approval:
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(3)
(A) Foundations shall be designed by and bear the seal of a registered,
professional engineer.
(B) All final plans required to be submitted by a professional engineer shall
be approved in their final form and shall bear the seal of such registered,
professional engineer.
For all lots: Driveways, access ways and access easements within the
development and on the property of developer shall have a maximum grade of
fourteen percent (14%). (A. 94-046)
It appears, based on the plan and a staff visit to the site, that an adequate building site
may exist on each proposed lot. However, the proposed access road appears to
disturb an area of 40%+ slopes. It is the applicant' s responsibility to identify the
slopes that exist on the property and to comply with section 5.04.02.
D. Legal and Physical Access: The proposed legal access is via a 50' wide access and
utility easement to County Road 210. The Tamburellos own the adjacent parcel
which the proposed easement crosses. They have applied for subdivision sketch plan
on the adjacent parcel. Section 8:52 C states:
All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained, or are in the process of being obtained;
The executed easement must be in place prior to finalization of the exemption request
and it must be located on the final exemption plat. Furthermore, section 8:52 F
requires:
Provision has been made for any required road or storm drainage improvements;
A road has been roughed -in already. The applicant indicated during the site visit that..._,
the road will not exceed 10% slope. While the grade appears acceptable, it isp
doubtful that the current roughed -in road could accommodate emergency apparatus 1'
weights and turning radius' (see fire protection discussion). The application does not e" -
discuss any provision for improving the road.
E. Water: The application states that Lots 1, 2, and 3 will receive domestic water supply.
from an exempt 35 acre well to be located on an adjacent property. Mr. Savage
stated that the well will be located below the ditch, on the owner's adjacent property.
As an alternative, the application contemplates one or more of the lots being served
by a cistern with at least 1,000 gallons storage capacity. The application contains
evidence of existing water wells in the area that produce more than 5 gpm.
Section 8:52 D of the Subdivision Regulations states the following:
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The Board shall not grant an exemption unless the division proposed for 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 disposal to serve each proposed lot;
Technically, evidence of adequate legal water rights has not been included in the
application. However, well permits are routinely granted for properties 35+ acres in
size. The application contains evidence that wells in the area appear to have an
adequate yield. The applicant should understand that the provisions of Section 8:42
D shall be met prior to finalization of the exemption plat. Section 8:42 D states:
...Prior to the signing of a plat, 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 report demonstrating 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 of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
6. If the well is to be 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;
7. The water quality be tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
In staff's opinion, the use of a cistern as a sole means of domestic water does not
constitute an adequate source of water in terms of both the legal and physical quality,
quantity and dependability. Unless the applicant can produce proof of a guaranteed
source, such as a perpetual agreement with a public water supplier, this is not an
acceptable alternative.
Since the well will be located on a different parcel, a well maintenance easement will
be necessary. The easement needs to come into existence prior to the creation of the
lots. Also, a legal entity must be created to hold the easement (such as an
unincorporated homeowner's association). If the easement and the legal entity are
not created, it is staff's opinion that a legal, adequate source of water has not been
accomplished, which are grounds for denial of the application.
F. Sewer: Engineered Individual Sewage Disposal Systems (ISDS) are proposed for
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each lot. The Colorado Department of Health setback standards apply.
G. Topography / Soils: The "Torriorthents-Rock outcrop complex, steep" (#67) occupies
the majority of the site, while the "Kim Loam, 6-12% slopes" (#41) occupies a very
small area of Lot 2.
The Torriorthents-Rock complex consists of exposed sandstone and shale bedrock
and stony soils. The slope ranges from 15-70%. This soil is used for limited grazing,
wildlife habitat, and recreation, and is unsuited for crops. Most of this complex is
prime wintering area for deer. Rabbits, coyote, and a few elk also find food and
cover on this complex. Community development is limited by the Rock outcrop,
steep slopes, and stoniness. These limitations can be overcome by appropriate design
and construction.
The Kim loam is a deep, well drained, moderately sloping to rolling soil on alluvial
fans and benches. It is used mainly for crops, hay, and pasture. Building site
development has moderate constraints due to slope, shrink -swell potential, and low
strength. The Kim loam presents moderate constraints for septic tank absorption
fields due to slope and slow percolation rates.
H. Fire Protection: The applicant proposes to make use of local irrigation ditches and
adjacent ponds in the event of a fire.
The application contains a letter,,dated 8/25/00, from Mike Morgan of the RFPD.
The RFPD makes the ife M1 nendations:
1. Vegetation should be removed from near any structures in order to provide a safe
zone in the event of a wild land fire.
2. When constructing access roadways into the parcels, consideration should be
given to the weights and turning radius' of emergency apparatus to permit access
during adverse weather conditions.
3. Addresses of the individual properties are to be posted where the driveway
intersects the County Road and on the individual residences if shared driveways
are used. Letters are to be a minimum of 4 inches in height, 1/4 inch in width, and
contrast with background colors.
4. As stated in the petition, fire protection water is available from irrigation ditches
and ponds. The district would recommend the installation of a dry hydrant in the
pond to provide a year-round water supply for fire protection use.
Mr. Morgan also requests to be contacted at the time of construction of the structures
for final approval of the water supply.
A road has been roughed -in already. The applicant indicated during the site visit that
the road will not exceed 10% slope. While the grade appears acceptable, it is
doubtful that the current roughed -in road could accommodate emergency apparatus
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weights and turning radius' (see fire protection discussion). The application does not
discuss any provision for improving the road.
As long as the applicant adheres to the recommendations of the RFPD, and includes
appropriate plat notes, staff does not have any fire protection concerns with the
application.
Utilities and Easements: Electric (Public Service) and telephone (U.S. West) are in
place in CR 210. Natural gas service and cable t.v. are not available. Any necessary
easements (drainage, ditch, access, well maintenance, utilities, etc.) are required to be
shown on the exemption plat.
J. School Impact Fees: Prior to the approval of the final plat, the applicant will be
required to pay the applicable school site acquisition fee, as adopted by the County,
for each newly created lot.
V. 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 at that 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.
VI. RECOMMENDATION:
Staff recommends APPROVAL of� kation with the following conditions:
pp g
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 lots, 25 ft. wide access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities;
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3. That the applicant shall have 120 days (until 3/27/01) to present a plat to the Commissioners
for signature from the date of conditional approval of the exemption;
4. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of
the exemption parcels prior to approval of the exemption plat;
5. That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with.
6. Prior to finalization of the plat the applicant shall provide evidence that a dry hydrant has
been installed in the pond to provide a year-round water supply for fire protection use. The
water supply shall be approved by the Rifle Fire Protection District prior to construction.
That the applicant shall obtain and provide to staff, the necessary access easement from the
property to CR210, prior to finalization of the exemption plat. The access roadway to the
parcels shall be constructed adequately to accommodate the weights and turning radius' of
emergency apparatus to permit access during adverse weather conditions. A legal road
sharing agreement, which discusses all costs associated with the maintenance of the road,
who will be responsible for paying these costs, and how assessments will be made for these
costs, shall be filed with the exemption plat.
8. The recommendations of the Road and Bridge Department shall be followed prior to
finalization of the exemption plat and on an on-going basis. These recommendations include
the following:
a) The fence shall be setback a minimum of twenty (20') feet.
b) The brush shall be cut and removed for site distance.
c) Access shall be limited to one entrance on the county road.
d) The applicant shall obtain a driveway permit.
9. Use of a cistern as a source of domestic water shall not be permitted. Use of a legal well
shall be acceptable.
10. The applicant shall identify the slopes that exist on the property. If a building envelope
smaller than one (1) acre is proposed, the specific provisions of section 5.04.02 of the Zoning
Resolution shall be met prior to any finalization of an exemption plat.
11. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional
Registered Engineer within the State of Colorado.
12. Prior to the approval of an exemption plat, the applicant shall provide proof of legal and
adequate source of domestic water for each lot created and will demonstrate that all water
supplies will meet the following:
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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 assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f) If the well is to be shared, a legal well sharing agreement 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 will be filed with the exemption plat;
g) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
h) An off-site legal well agreement which guarantees access to the well for maintenance
purposes shall be submitted and the exemption plat shall identify the location of the
maintenance easement and off-site well. The easement needs to come into existence prior
to the creation of the lots. Also, a legal entity must be created to hold the easement (such
as an unincorporated homeowner's association) prior to finalization of the exemption.
13. That the following plat notes shall appear on the Final Exemption Plat:
"One (1) dog will be allowed for each residential unit 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. 25-7-401, et. sew., 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 will be the minimum amount necessary and all exterior lighting will 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".
"No further divisions by exemption from the rules of Subdivision will be allowed."
"Slopes exceeding 25% shall be restricted from development. Areas of disturbance shall be
revegetated with appropriate, rapidly established vegetation. Development on moderate
slopes (16-24%) shall be designed to fit the contours, without any leveling or benching. Cut
and fill areas shall be kept in balance and to a minimum. The existing natural drainage
system shall be utilized to the fullest extent possible with disturbance of natural drainage
courses minimized. Disturbance of the existing vegetative cover shall be minimized."
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"Vegetation shall be removed from near any structures in order to provide a safe zone in the
event of a wild land fire. When constructing access roadways into the parcels, consideration
shall be given to the weights and turning radius' of emergency apparatus to permit access
during adverse weather conditions. Addresses of the individual properties shall be posted
where the driveway intersects the County Road and on the individual residences if shared
driveways are used. Letters shall be a minimum of 4 inches in height, 1/2 inch in width, and
contrast with background colors. The Rifle Fire Protection District requests to be contacted
at the time of construction of the structures for final approval of the water supply."
"Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado."
"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. 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."
"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 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."
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11/20/2000 21:53 6258627 •
Memo
To Kit Lyon — Planning department
From:Torn Russell
Date; 11/21/00
Re: Tamburello North Exemption
ROAD AND BRIDGE
•
PAGE 02
Garfield County Road
& Bridge
We have reviewed the application for Tamburello
recommendations are as follows:
1. Fence needs to be set back minimum of 20 feet from
road.
2. Cut and remove brush for sight distance.
3. Would like to see a maximum of one entrance entering CR 233.
4. Must apply for driveway permit.
5. I vciuld like to request further review on following plans.
North. The following
the edge of the County
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