Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report & Exhibits 02.04.2008• TLCCO Exemption from the Definition of Subdivision 02/04/2008 (BOCC) Exhibit Letter Exhibit (A to Z) A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Application G Staff Memorandum H Email from the County Road and Bridge Department dated 1/2/2008 I Email from Jim Rada, Environmental Health Manager, GarCo 12/28/2007 J Letter from Mountain Cross Engineering dated January 11th, 2008 K Letter from Division of Water Resources dated January 11th, 2008 • BOCC 2/04/2008 CR TLCCO Subdivision Exemption PROJECT INFORMATION AND STAFF COMMENTS REQUEST Exemption from the Definition of Subdivision APPLICANT / OWNER TLCCO, Inc. LOCATION Described as 1605 Highway 133 SITE DATA 9.40 acres, Parcel No. 246303210005 WATER Town of Carbondale SEWER Town of Carbondale/Annexation ACESS North Bridge Drive (Town of Carbondale) Colorado State Highway 133 EXISTING ZONING Residential General Urban Density Town of Carbondale, Colorado 1 • BOCC 2/04/2008 CR 1 PROPOSAL The Applicant, TLCCO, Inc is requesting approval from the Board of County Commissioners (the Board) for an Exemption from the Definition of Subdivision (Exemption). If approved, the Exemption will create two (2) lots from a 9.04 -acre parcel (Lot 1 — 7.04 ac., Lot 2 — 2.36 ac.). It is represented that if the proposed exemption is approved the larger 7.04 -acre parcel will be annexed into the Town of Carbondale. .iseFxfrrisif�cr f•:vr, jNlicr nwrer 6 MEP 7i ('O ProJirrty Cei Lv�rJulr Cului adv 011 11 REFERRAL COMMENTS Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable. a. Town of Carbondale: No comments received b. Carbondale Fire Protection District: No comments received c. Colorado Department of Transportation: No comments received d. Colorado Division of Wildlife: No comments received e. Colorado Department of Public Health and Environment: No comments received f. Colorado Division of Water Resources: Exhibit K g. Garfield County Road and Bridge Department: Exhibit H h. Mountain Cross Engineering, Contract Engineer Garfield County: Exhibit J i. Garfield County Environmental Health: Exhibit I 2 • BOCC 2/04/2008 CR III RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 1 of the Comprehensive Plan of 2000 and is designated Residential High Density, which has a density requirement of less than two (2) acres per dwelling unit. The Town of Carbondale Comprehensive Plan 2000 designates the subject property as residential. The proposed Exemption generally complies with the Garfield County and Town of Carbondale Comprehensive Plan of 2000. IV PROJECT DETAILS Subdivision Exemption Regulation/Property Eligibility Section 8.52 of the Garfield County Subdivision Regulations (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. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and 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), 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, 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." Staff Findings A portion of the subject property was annexed into the Town of Carbondale, Colorado and further subdivided to create River Valley Ranch after January 1st, 1973. As represented the subject property is eligible for the proposed two (2) lot Exemption. Water/Sanitation The Town of Carbondale, Colorado will provide water and sanitation services to the proposed lots. The application included a "can and will serve" letter from the Town. Zoning The subject property is located within the Residential General Urban Density (RGUD) Zone District. As required by § 8:52 of the Subdivision Regulations of Garfield County of 1984, the Applicant's proposal as represented conforms to all County zoning requirements. 3 • 0 BOCC 2/04/2008 CR Access Both lots will utilize a shared driveway with access from State Highway 133. Staff referred the application to Colorado Department of Transportation (CDOT), which did not provide comments. Similar applications in the past have been required by CDOT to obtain a new access permit allowing for the change in use. Staff recommends that the Board require the applicant obtain a new access permit from CDOT or provide documentation demonstrating that a new permit is not required prior to signing the Exemption Plat. Fire Protection The subject property is located within the Carbondale Rural Fire Protection District (the District). The District provided a letter stating that fire and emergency medical services are provided to the subject property. The District provided no specific comments regarding the proposed Exemption. Easements All existing and proposed easements shall be conveyed in a manner acceptable to the County Attorney's Office. V STAFF RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the public hearing before the Board of County Commissioners; 2. That the public hearing 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, and welfare of the citizens of Garfield County; 4. That the application has met the requirements §8:00 of the Garfield County Subdivision Regulations of 1984, as amended; VI STAFF RECOMMENDATION Staff finds, the proposed Exemption complies with §8:00 of Garfield County Subdivision Regulations of 1984, as amended and recommends the Board of County Commissioners approve the request for an Exemption from the Definition of Subdivision for parcel number 246303210005, with the following conditions of approval: 4 0 . BOCC 2/04/2008 CR 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Board. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. Control of noxious weeds is the responsibility of the property owner. b. One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. c. 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. 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. d. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 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 a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, 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. 5 • • BOCC 2/04/2008 CR f. 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. g. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contracts with background color. h. "The mineral rights associated with this property (also known as Lots 1 and 2 of the TLCCO Subdivision Exemption) will not be 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)." 3. The Applicant shall obtain an access permit from Colorado Department of Transportation allowing for the proposed use or provide documentation from CDOT demonstrating that a new permit is not required; 6 i • GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: TLCCO Sent to: EXHIBIT 1 i4 Date Sent: December 20, 2007 Comments Due: January 14, 2008 Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: Craig Richardson 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. As this property is proposed to be annexed to the town of Carbondale we would recommend approval of this application. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date January 2, 2008 Revised 3/30/00 Craig Richardson From: Jim Rada Sent: Friday, December 28, 2007 12:01 PM To: Craig Richardson Subject: TLCCO, Inc. - Exemption to the definition of a Subdivision Attachments: Jim Rada.vcf Craig, Not much to say on this application. • EXHIBIT Do we know anything about the ISDS serving the houses on the proposed Lot 1? Since the main house has not been used for a number of years, perhaps it might be advantageous for the County to require proof of a properly functioning ISDS with adequate separation to groundwater (statutory requirement of 4 feet — no grandfathering) for each dwelling before approving the application. In my opinion, if the property is not annexed, or annexation is delayed for some reason, at least the County is assured that the ISDS are in compliance with current statutes and regulations. Thanks for the opportunity to review this application. Jim Rada, REHS Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@garfield-county.com Web www.garfield-county.com 12/28/2007 • January 11, 2008 Mr. Craig Richardson Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 • MOUNTAIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN JAN 1 5 2008 RE: TLCCO, Inc. — Exemption from the Definition of Subdivision Dear Craig: EXHIBIT A review has been performed of the documents for the Subdivision Exemption application submittals by TLCCO, Inc. The submittals were found to be thorough and well organized. The following comments, questions, or concerns were generated: 1. It appears that legal access to the proposed Lot 2 is still being negotiated. Legal access to a public right-of-way needs to be provided. 2. It appears that water and sewer services will be provided by the Town of Carbondale. 3. The requirements to qualify for subdivision exemption of the original parcel were not determined by this office. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com 1 DEPARTMENT OF NATURAL RESOURCES • EXHIBIT K DIVISION OF WATER RESOURCES Craig Richardson Garfield County Planning Dept 108 8th St Ste 201 Glenwood Springs CO 81601 Re: January 11, 2008 TLCCO, Inc. Subdivision Subdivision Exemption Plat Secs. 3, T8S, R88W, 6TH PM W. Division 5, W. District 38 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director Dear Mr. Richardson: We have reviewed the above referenced plat to subdivide a parcel of approximately 9.40 acres into 2 Tots. This preliminary plat proposes subdividing the parcel into two lots of 7.04 acres and 2.36 acres. As stated in the State Engineer's March 4, 2005 memorandum to county planning directors, this office has no statutory responsibility to review land use actions that do not include the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision". However, we have performed a cursory review and are providing informal comments. Currently, the parcel consists of irrigated pastures, three residential units and a number of agricultural structures. According to a letter, dated October 8, 2007, two structures are located on lot 1 which includes a ranch and carriage house. One structure is located on lot 2 which includes the Thompson's cabin. Both lots are served by town water and wastewater systems. Note that this office does not necessarily take the position that the water supply plan is valid. If you or the applicant has any questions concerning this matter, please contact me at this office for assistance. Sirs ;ei e y, Mark J. Varelli, PhD, PE, PG, BCEE Water Resources Engineer MJV/Subdivision/NorthBellRanchSubdivision.doc cc: Alan Martellaro, Division Engineer, Division 5 Michael B. Craig, Water Commissioner, District 38 JAN 1 7 2008 Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us