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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.21.2007Exhibits for Public Hearing on 05/21/2007 (BOCC) Exhibit Letter (A to Z) 1 J Exhibit 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 04/03/2007 I Email from Jim Rada, Environmental Health Manager, GarCo ?re_.Y2-,rk "'* "9— BOCC 5/21/2007 CR Upper Divide Subdivision Exemption PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION SITE DATA WATER SEWER ACESS EXISTING ZONING STAFF RECOMMENDATION Exemption from the Definition of Subdivision Upper Divide, LLC Described as 7749 County Road 313 45.442, Parcel No. 239924300098 Shared WeII/One Exempt Private Well (Lot 4) ISDS County Road 313 (East Divide Creek) ARRD Approval N A 1 I PROPOSAL The Applicant, Upper Divide, LLC 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 four Tots from a 45.442 acre parcel. II 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. BOCC 5/21/2007 CR ,MPR'OVETVIESUR[-EY a. Town of New Castle: No Comments Received b. Town of Silt: No Comments Received c. Burning Mountain Fire District: No Comments Received d. Road and Bridge Department: Exhibit H e. GarCo Environmental Health Department: Exhibit I III RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 2 of the Comprehensive Plan of 2000 and is designated Outlying Residential. Outlying Residential has a density requirement of two or more acres per dwelling unit. The uses and acreage proposed by the Applicant conform to the Comprehensive Plan. IV ISSUES AND CONCERNS 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), 2 BOCC 5/21/2007 CR 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 In order to determine the property's eligibility to qualify for an exemption, the Applicant commissioned Land Title Guarantee Company to review Garfield County Clerk and Recorder records. The subject parcel was created on September 11th, 1991 from a contiguous parcel that existed in its configuration on this date prior to January 1st, 1973. The remainder of the contiguous parcel has not created additional exemption lots. The subject parcel is eligible for three (3) additional exempted lots. The subject parcel is divided by County Road 313 (East Divide Creek) right-of-way. The application includes a request to allow one (1) additional lot due to this split. The request is consistent with the Exemption for the Definition of Subdivision requirement identified in §8:52 of the Subdivision Regulations. Domestic/Irrigation Water The application proposes to provide domestic water to Lots 1-3 from an existing well. A copy of the well permit issued by the State of Colorado Division of Water Resources (Permit No. 272647) allows for the use of ground water inside three single family dwellings, the irrigation of one acre and the watering of domestic animals. The Applicant is in the process of obtaining an exempted well from Colorado Division of Water Resources. In the application it is represented that the proposed Lot 4 will be served by water rights from Peterson Spring No. 2 and 3 (The Applicant owns 50% of the water rights for these wells). The current rights to this spring only allow for watering of livestock. Utilization of the proposed well will require a separate well sharing agreement with the owner/s of the remaining Peterson Spring No. 2 and 3 water rights. A pump test demonstrating the ability of the existing and proposed wells to provide an adequate supply of water has not been provided by the Applicant. A water quality analysis demonstrating that the water is satisfactory by the State's guidelines for Nitrates and Bacteria for the two wells is also needed. Staff recommends the Board require that a pump test and water quality analysis be conducted for both wells before authorizing the Chairman of the Board to sign the final exemption plat. Garfield County Attorney's office will need to review and approve all Well Sharing Agreement declarations. 3 BOCC 5/21/2007 CR Zoning The subject property is located within the Agricultural/Residential/Rural Density (ARRD) 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. Legal Access/Road Improvements The four proposed Tots will have fee -simple access to County Road 237 (Harvey Gap Road). Garfield County Road and Bridge Department provided the following comments: o A 30 -foot easement from the center line of the existing road surface the entire length of the property bordering CR. 313 (East Divide) shall be deeded to Garfield County for future road improvements; o All existing fences encumbering the new ROW shall be moved back to the new ROW at the owner's expense prior to issuing driveway access permits; o Any structures encumbering the new ROW will need to have an encroachment agreement with Garfield County or be moved back inside the new ROW line; o Property owners will be required to have an onsite visit to determine location of driveway access/s; o Driveway access permits will be issued by Garfield County Road and Bridge Department with conditions specific to the driveway locations; Wastewater The Applicant proposes that wastewater will be managed on each parcel by Individual Sewage Disposal Systems (ISDS). As the parcels are improved with residences each property owner will be responsible for installing their own ISDS. Staff referred the application to the Garfield County Environmental Health Department for review. The Department indicated that the provided soils information and lot sizes indicate that the utilization of ISDS is appropriate for this site although engineered systems may be required. Staff generally recommends that all foundations and septic systems be engineered by an engineer licensed to practice in the State of Colorado. Placement of ISDS shall also consider ISDS setbacks for wells, springs and irrigation ditches. Should the Board approve the Exemption, Staff suggest the following plat note be placed on the plat: "All septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado." 4 BOCC 5/21/2007 CR Fire Protection The subject property is located within the Burning Mountain Fire Protection District (the District). The District has reviewed the proposal providing no specific conditions. Easements All existing and proposed easements shall be conveyed in a manner acceptable to the County Attorney's Office. Severed Mineral Interests The Applicant owns title to 100% of all mineral interests. "The mineral rights associated with this property (also known as Parcels 1, 2, 3, and 4 of the Upper Divide 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)." 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 239924300098, with the following conditions of approval. 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. 5 BOCC 5/21/2007 CR 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. 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 6 g. BOCC 5/21/2007 CR State University Extension Office in Garfield County. All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. h. 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, %2 inch in width and contracts with background color. i. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather condition. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and k. "The mineral rights associated with this property (also known as Parcels 1, 2, 3, and 4 of the Upper Divide 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. Prior to the signing of the plat the Applicant shall provide the following: a a) -The water quality analysis conducted by an approved testing laboratory demonstrating both well. meet State guidelines concerning bacteria and nitrates; b) A waver sharing agreement approved by Garfield County Attorney's Office for both the existing and proposed well to be filed with the exemption plat that defines the rights of the property owners to water from the; 4. The property is located in the RE -2 School District. As such, the Applicant shall be required to pay $200 each for Parcels 1, 2, 3 and 4. This fee shall be paid at the time of final plat. 5. All Parcels are subject to the following Garfield County Road and Bridge Department requirements: o A 30 -foot easement from the center line of the existing road surface the entire length of the property bordering CR. 313 (East Divide) shall be deeded to Garfield County for future road improvements; o All existing fences encumbering the new ROW shall be moved back to the new ROW at the owner's expense prior to issuing driveway access permits; 7 BOCC 5/21/2007 CR o Any structures encumbering the new ROW will need to have an encroachment agreement with Garfield County or be moved back inside the new ROW line; o Property owners will be required to have an onsite visit to determine location of driveway access/s; o Driveway access permits will be issued by Garfield County Road and Bridge Department with conditions specific to the driveway locations; )ns ,\\4`yfi 8 GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: Upper Divide LLC Sent to: Garfield County Road & Bridge Dept. Date Sent: April 3, 2007 Comments Due: April 26, 2007 EXHIBIT 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 Staff contact: Craig Richardson 109 Bch Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to this exemption request with the following comments. The owners of said property will deed to Garfield County a strip of land 30 -feet from the center line of the existing County road Cr. 313 (East Divide Creek) the entire length of the property bordering Cr. 313 for future road improvements. All existing fences encumbering the new ROW shall be moved back to the new ROW at the owner's expense prior to issuing of driveway accesses permits. Any structures encumbering the new ROW will need to have an encroachment agreement with Garfield County or be moved back inside the new ROW line. Property owners will be required to have an onsite visit to determine location of any driveway access/s. Driveway access permit/s will be issued by Garfield County Road & Bridge Department with conditions specific to the driveway access/s locations. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date Revised 3/30/00 Craig Richardson From: Jim Rada Sent: Monday, April 16, 2007 3:25 PM To: Craig Richardson Subject: Upper Divide, LLC Exemption from the definition of a subdivision Attachments: Jim Rada.vcf Craig, Not much information in this submittal. EXHIBIT 1. Soils information and lot sizes indicate that there will probably be no issues fitting an ISDS on any of these parcels although special engineering may be required depending on slopes, potential shallow groundwater and soil types. Consideration will also be needed in placing ISDS accordingly to meet all Garfield County ISDS regulations including setbacks to wells, springs, irrigation ditches, etc. Consideration for ISDS placement in regards to irrigated pastures and congregated livestock areas must also be taken to avoid damage to system components and discharge of wastewater to drainage systems. 2. The well permit is approved to serve up to three homes, etc. Should additional well permits be requested to serve individual houses that would share the well under this current proposal, then DWR indicates that each would be entitled to only an exempt well permit and the existing permit would be required to be changed to an exempt permit. 3. The application narrative and the settlement Agreement (Exhibit 7) indicate that the spring water is currently used for domestic purposes by what appears to be two residences. According to Dwight Whitehead at the DWR, the water rights for the Peterson Springs Nos. 2 & 3, from a Ruling of Referee dated 30 December 1977, are limited to use for livestock water. As such, this water may not be legally used for domestic purposes. In addition, the decreed water rights are subject to all other priority water rights and therefore may not prove to be a reliable supply of year-round water for livestock or people. It appears that the owners need to make sure this water right is legal for the purpose that they currently use it and, depending how junior those water rights are (1910 or 1977), there may not be an adequate supply to serve a residence year round. I suggest that the well permit and water rights comments be reviewed by the Colorado Division of Water Resources to confirm their accuracy. Thanks for the opportunity to review this submittal. Jim Rada, RENS 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@_garfieid-caunty_.com Web www.garfield-county.com 5/10/2007 MEMORANDUM To: Board of County Commissioners From: Building and Planning Department, Craig Richardson, Senior Planner Re: Upper Divide Subdivision Exemption Date: September 17th, 2007 Request On May 21St, 2007 the Board of County Commissioners (the Board) conditionally approved an Exemption from the Definition of Subdivision for a property owned by Upper Divide, LLC. The Applicant has submitted a request for extension of approval in order to complete the conditions of approval. The Applicant's request is for an additional sixty (60) days. Should the Board move to approve the requested extension, Staff suggests extending, the time requiremen ar from the date of approval., This time frame is consistent with extensions granted by the Board for previous requests. 0 v a-cibuic-c) to sus , 'C Q \ September 6, 2007 Board of County Commissioners Attn: Craig Richardson Garfield County, Colorado 108 8th St., Suite 213 Glenwood Springs, CO 81601 r 1 0 2007 Re: Request for Extension of Time Within Which to File Final Plat for Upper Divide Subdivision Exemption Dear Commissioners: The purpose of this letter is to request an extension of time for the purpose of filing the Final Plat and fulfillment of the other conditions for the Upper Divide Subdivision Exemption, under and in accordance with Section 8.33 of the Subdivision Regulations of Garfield County, Colorado. The reason that the extension of time is required is to permit the following conditions to be accomplished under the Resolution adopted by the County Commissioners on May 21, 2007, to wit: 1) To permit the drilling of a second water well to serve Parcel 1 of the Subdivision Exemption and accomplishing the required testing for quantity and quality of the water supply. 2) To permit the Final Plat to be completed in accordance with the provisions of Section 8.33 of the aforesaid Regulations. 3) To permit the drafting of an Encumbrance Agreement for certain fixtures and facilities located in the road right-of-way established by Quit Claim Deed, as required by the aforesaid Resolution. 4) To permit the applicant time to remove the existing fence where the same conflicts with the newly established sixty foot (60') and thirty foot (30') road right-of-way, again as required by the Resolution approving the Subdivision Exemption. The required extension hereby requested is sixty days (60) subsequent to the date of September 21, which is the 120 -day period of time allotted for the filing of the Final Plat under the Subdivision Regulations (Section 833). Thank you very much for your consideration of this request. UPPER DIVIDE, LLC Managing Member