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HomeMy WebLinkAbout2.0 Staff Report BOCC 09.02.03REOUEST: OWNER (APPLICAND: PROPERTY LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: STAFF RECOMMENDATION: BOCC 09102103 FJ Exemption from the Definition of Subdivision David Maves North of the intersection of CR 214 and CR 238 between New Castle and Silt 38.10 acre property split by CR 238 ISDS Well Cedar Hills Subdivision / CR 238 A/R/RD Approval with conditions. PROJECT INFOR]VIATION AND STAFF COMMENTS I. DESCRIPTION OF THE PROPOSAL The property contains approximately 38 acres and is located just north of the intersection of CR 214 and CR 238 approximately halfivay between New Castle and Silt. It is currently split by CR 238 leaving approximately 7.4 acres on the east side of the road (lower field) and 29 acres on the west side on an upper bench. Staff conducted a site visit to the property on July 9, 2003. The following photos show an easterly and westerly view from CR 238. Photo above shows Lot 1 looking west from CR 238 and the photo to the right shows the conditionof Lot2 looking east from CR 238. The Applicant request approval from the Board to subdivide the 38 acre property into two lots of 29.21 acres (Lot 1) and 7.44 acres (Lot 2) each using the Subdivision Exernption process. Specifically, the Applicant proposes to effect a split in the parent parcel by using the County Road 238 as the line dividing the property into two lots pursuant to Section 8:52 of the Subdivision Regulations. A. Applicability Section 8: I 0 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. II. REFERRALS The application was referred to the following review agencies for comments: A. Town of Silt: Janet Steinbach, Community development Director indicated the Town of Silt had no issues with this project. (See Exhibit G). C. Rifle Fire Protection District: The Fire Chief ofthe Buming Mountain Fire Protection District, Brit Mclin, sent a letter dated July 17, 2003 indicating no objections to the proposal. (See Exhibit J) Garfield Countv Road and Bridge Department: A site visit was conducted on July 29,2003. The department found everything to be fine and will handle any issues as part ofthe driveway access permit process (See Exhibit II). Garfield County Vegetation: The Vegetation Management Department requests that the applicant survey the parcel (the 38.10 acres) for Garfield CountyNoxious Weeds and provide a weed management plan for any weeds found on the property. Staffhas made this a condition of approval. (See Exhibit I). E. RE-2 School District: No comment provided. GENERAL COMPLIANCE WITH THE COMPREHENSIVE PLAN The property is located in Study Area 2. The area is designated as "outlying residential" which assumes a development density of the underlying zone district of a minimum of 2 acres or more per dwelling unit. The property is located within the Silt 2-mi1e sphere of influence and partially within the New Castle 3 Mile Area Boundary. Lastly, the property is classified as having o'moderate" slopes. STAFF COMMENTS A. Subdivision Resulations Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total of B. D. III. 2 IV. 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 l, 1973, and is not a part of a recorded subdivision; ltowever, 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 naturalfeature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to thefour (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five (3 5) acres or greater in size, created after January I , I 97 3, will count as parcels of land created by exemption since January l, 1973.' Staff Finding As mentioned above, any parcel to be divided by exemption that is split by a public right-of-way (County road)...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 limitation otherwise applicable. The 38 acre tract, originally created by exemption, is split by County Road 238 (also known as "slaughter House Gulch") which prevents the joint use of both tracts. As such, this request is consistent with this language and may, at the discretion of the Board, be created as its own tract via Exemption and not count as one of the four exemption lots. B. All Garfield Countv zonins requirements will be met staff Finding The property is zoned A/R/RD which requires a minimum lot size of 2 acres. The proposed lots will not exceed this minimum standard as the lots to be created are29.2I acres (Lot 1) and7.44 acres (Lot 2). Staff finds these lot sizes are consistent with the underlying zonirrg; therefore, this standard is met. C. Legal and Physical Access Section 8:52 C states: "All lots created will have legal access to a public right-of-way and any necessqry access easements have been obtained, or are in the process of being obtained"; Staff Findine The Applicant currently has a legal access (via a private easement included in the application materials) to Lot 1 and access to Lot 2 car, be provided from County Road 238. Staff finds this standard to be met. D. Water Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an exemption unless the division proposedfor exemption has satisfied thefollowing criteria: Provision has been madefor an adequate source ofwater in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot"; Staff Finding The Applicant currently has a well on Lot 1 (perm it #211947) with an augmentation contract from West Divide Water Conservancy District. In addition, the Applicant has recently applied for a well permit from the Division of Water Resources for a well to be drilled on Lot 2. Only a well permit application was provided in the application materials. As a result, legal and physical water supply has been demonstrated for Lot I as it has an existing well, but it has not been dernonstrated for Lot 2. As is normally required, prior to the signing of a final plat, all physical water 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 ofthe 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 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 be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the systern and who will be responsible for paylng these costs and how assessments will be made for these costs; The water quality is tested by an independent testing laboratory and meets State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistem, the tank shall be a minimum of 1000 gallons. E. Sewer "The Board shall not grant dn exemption unless the division proposedfor exemption has satisfied thefollowing criteria: Provision has been madefor an adequate source ofwater in terms of both the legal and physical quality, quantity and dependability, and a suitable tupe qf sewage disposal to serve each proposed lot"; Staff Finding The Applicant proposes that an Individual Sewage Disposal Systan (ISDS) will handle wastewater generated on each lot. F. All state and local environmental health and safety requirements have been met or are in the process of being met Staff Finding No State or Local health requirernents are applicable to the application with the exception of Colorado Department of Health ISDS setback standards. The Applicant will be responsible for shall (,b' h. meeting the required standards and criteria for the location of the wells relative to the placement of the ISDS systems. G. Drainase Staff Finding The parcel to be created, in its natural state is not subject to any drainage or flooding problems and no drainage easernents occur within the area of the parcels to be created. H. Fire Protection Staff Finding The property is located in the Burning Mountain Fire Protection District with Silt Ambulance service. The District provided a letter indicating no objection to the proposal. I. School fees. taxes and special assessments have been naid. Staff Finding The new lots to be created are located in the RE-2 School District. The applicant / owner shall submit the applicable School Site Acquisition Fee (S200) for the creation of the exemption parcel prior to approval of the exanption plat. STAFF RECOMMENDED FINDINGS l. That proper posting and public notice Board of County Commissioners. was provided as required for the meeting before the That the meetingbefore 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 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. That the application has met the requirernents of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exernption. VI. STAFFRECOMMENDATION 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. v. 3. 4. The Applicant shall inventory the property for any noxious weeds and provide a map and management plan to the Garfield County Vegetation Director for approval for any weeds that are found on the property prior to the submission of the Final Plat. 3. That the applicant shall have 120 days, :ur;rtll Januar! 2, 2004, to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. The Applicant shall submit a final exemption plat indicating the legal description ofall the lots created, dimensions and areas (in acres) of the lots, and all easements (such as the access and well easements) encumbering the property. 5. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of the exernption lot prior to approval of the exemption plat; 6. Prior to the signing of a plat, the Applicant shall provide proof to the Building and Planning Department that a well test has been completed for the newly created Lot 2 which demonstrates an adequate pump rate and water qualitypursuant to subset a -gbelow. If the aforementioned proof is not submitted, the Applicant shall be required to conduct a well pump test that demonstrate the following points: 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; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showine 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 of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. The water quality is tested by an independent testing laboratory and meets State guidelines concerning bacteria and nitrates. 7. That the following plat notes shall appear on the Final Plat: a) No further divisions by Exernption from the rules of Subdivision will be allowed. No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid-fuel buming stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in anydwellingunit. All dwelling units will be allowed an unrestricted number of natural gas buming stoves and appliances. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property a. b. b) c) 6 2. e) boundaries. d) 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. 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. f) s) AUG. 4.?g/E.3 3:53Pt1 97AA76?917 N0.847 GARFIELD COI,JI{TY Building & Plaming Department Review AgencyForm Date Sent 7116103 Comments Due: 804/03 Name of application: Mave6 Subdivision Exemption Sent to: Town of Silt c*fi;;,;;;;;;;,*,*;;;ffi;, ;il il; ;;; ;*; --- Jarman in the event you are unable to respond by 8/0al03. This form may be used for your response, or you may attach your own additional sheets as neceosary, Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contacr; F\red Iarman 108 Sttt Street, Suite 201 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: n0.945-8212 E-marl: "garcopln @rof-net General conrments: The Town gf Silt has no comments regarding this application. Jhaak you for the oooortunitv to review this- proiect. Sincerelv. Ianet G-Sreinbach Community Devel opment Director sweets Page I oI I Fred Jarman From: Janey Dyke Sent: Tuesday, July 29,2003 3:12 PM To: Fred Jarman Subject: Maves Subdivision Dear fulr... Jarman, Mr... Kuberry, 6ARCO Road and Bridge, osked me to give you the following informstion: Ivlr.". Kuberry looked af the proposed subdivision request of David Mqves on Counfy road 238, eost side of road. Everything is f ine. Any issues that moy come up will be oddressad during the drivewqy permit process. ff you hcve cny quastions plecse contqct Kraig at 618-6179. Thcnk you, Jcney Dyke Londfill Technicion 7/2912003 MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Maves Subdivision Exemption Ilate: August 4,2003 Thanks for the opportunity to comment on the Maves Subdivision Exemption. The Vegetation Management Department requests that the applicant survey the parcel (the 38.10 acres) for Garfield County Noxious Weeds and provide a weed management plan for any weeds found on the property. Attached is a copy of the Garfield County Noxious Weed List. BURNING MOUNTAIN^S FIRE PROTECTION DIS Administrative Office Station l 6l I Main St. P.O. Box 2 silt, co.81652 Phone: (970) 8 Fax: (970) 876-2774 E-Mail chieJ\0)@rof, ne t Brit McLin,Chief RECEIVED JUL 2 e 2003 .ffii^lE?s,liil,lh 17 July 2003 To Whomlt May Concern: I have reviewed the Maves SuMivision Exemption application for the Burning Mountains Fire Protection District and have no objection to the proposal.