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HomeMy WebLinkAbout2.0 Staff Report BOCC 04.14.08Exhibits for Public Hearing on04ll4l2008 ;;fiihibit .N&Wffi,tti::titijt-t:;t;, :11:il:::::.rlltn; r+=?$i:; 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 Garfield County Road and Bridge Department, dated February 26"', 2008 BOCC 04114t2008 CR EXEMPTION FROM THE DEFINITION OF SUBDIVISION PROJECT INFORMATION AND STAFF COMMENTS APPLICANT / OWNER LOCATION SITE DATA WATER SEWER ACESS EXISTING ZON!NG Tompid Revocable Trust County Road 313, New Castle, CO 45.551 acres, Parcel No. 239920100013 Well ISDS County Road 313 Agricultural Residential Rural Density BOCC 04t14t2008 CR PROPOSAL The Applicant is requesting approval from the Board of County Commissioners (the Board) for an Exemption from the Definition of Subdivision (Exemption). lf approved, the Exemption will create two (2) lots from a 45.551-acre parcel. I RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area2 of the Comprehensive Plan of 2000 and is designated Outlying Residential, which has a density requirement of two (2) acres per dwelling unit. The proposed Exemption's gross density of approximately 23 acres per dwelling unit generally complies with the Garfield County Comprehensive Plan of 2000. II PROJECT DETAILS Subdivision Exemption Requ lation/Propertv El iq i bil itv Section 8.52 of the Garfield County Subdivision Regulations (Subdivision Regulations) states that 'No more than a total of four (4) lots, parcels, rnferesfs or dwelling units will be created from any parcel, as that parcelwas described in the records of the Garfield County Clerk and Recordels Office on January 1, 1973. ln 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 parcelto be divided by exemption that is sp/if by a public ight-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public nghF 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 thitty five (35) acres or greater in size, created after January 1, 1973, will 2 BOCC 04114t2008 CR count as parcels of land created by exemption since January 1, 1973.' Staff Findinqs The subject property was part of a larger tract and consisted of approximately 685 acres on January 1't, 1 973. The Applicant's parcel was created in 1977 . The parent tract has not been further subdivided and still consists of approximately 640 acres. Staff finds that the subject property is eligible for the requested Exemption from the Definition of Subdivision. "--,. -".--*-]i Curmt Property Configuratnn I i Subj*t Parcel and Psrsnt Tract \ Water/Sanitation Water is provided to the subject property via an existing well. The Applicant has provided an approved well permit (Permit No. 276572) allowing for the use of ground water for three (3) single-family dwellings. Staff has included a recommended condition of approval requiring the submittal of a well sharing agreement between parcel one and parcel two of the proposed Exemption, to be recorded with the Final Exemption Plat. The Applicant shall provide this documentation prior to obtaining the Chairman of the Board's signature on the final exemption plat. Staff has included a recommended condition of approval requiring that a four (4) hour pump test be performed on the existing well. As required by $8:42 (D) (4) a written opinion from the person conducting the pump test regarding the adequacy of the well to serve the two (2) proposed lots created by the requested exemption shall be provided by the Applicant. The application included a water sample analysis from Sears, Roebuck and Co. dated November 22nd,1989. Garfield County Subdivision Regulations of 1984, $8:42 (D) (7) require the submittal of a water quality analysis conducted by an independent testing laboratory demonstrating compliance with State guidelines concerning bacteria and nitrates. Staff finds that the submitted water sample analysis conducted in 1989 does not fulfill this requirement. A recommended condition of approval regarding the submittal of a water quality analysis has been included by Staff. As represented, wastewater will be managed via ISDS. The subject property does not appear to be encumbered with environmental constraints preventing the placement of an ISDS. 3 BOCC 0411412008 CR Zoninq The subject property is located within the Agricultural Residential Rural Density (ARRD) Zone District. As required by S 8:52 of the Subdivision Regulations of Garfield County of 1984, the Applicant's proposal as represented conforms to all County zoning requirements. Access The proposed exemption lots will utilize a shared driveway with access from County Road 313. The application did not include an access easement. Staff finds that an access easement is required and has included a recommended condition of approval requiring the submittal of an access easement to be recorded at the County Clerk's Office with the Exemption Plat. The access easement shall be depicted on the Final Exemption Plat. III 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; IV 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 No. 239920100013, 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; 2. The Applicant shall provide a an Access Easement to be recorded at Garfield County Clerk's Office at the time of filing the Final Exemption Plat prior to Staff presenting the Exemption Plant to the Board of County Commissioners for signature; 3. The Access Easement shall be depicted on the Final Exemption Plat; 4 BOCC 04t14t2008 CR x 4. The Applicant shall provide a water quality analysis conducted on the well serving the proposed Exemption prior to Staff presenting the Exemption Plat to the Board of County Commissioners for signature; X5. The Applicant shall provide a well sharing agreement between Parcels one and two of the proposed Exemption. Said well sharing agreement shall be recorded with the Final Exemption Plat; 6. The Applicant shall provide the results of a pump test (4hr minimum) conducted on the well serving the proposed Exemption; 7. The Applicant shall provide a written statement from the qualified professional conducting the pump test regarding the adequacy of the well to serve the proposed exemption based on an assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 8. The Applicant shall deed a 30-foot right of way from the center line of the existing road the length of the property that borders County Road 313 for future road improvements (Garfield County Road and Bridge request); 9. 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. 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 ownels property boundaries. No open heafth solid-fuel fireplaces will be allowed anywhere within an exemption. one (1) new solid-fuel buming sfove as defied by c.R.s. 2s-7- 401, et. seq., and the regulations promulgated thereunder, will be attowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas buming sfoves and appliances. All exteior lighting shall be the minimum amounf necessary and that alt exterior lighting be directed inward and downward, towards the inteior of the subdivision exemption, except that provisions may be made to altow for safety lighting that goes beyond the property boundaries. Colorado is a "Right-to-Farm" Sfafe pursuant fo C.R.S. 35-3-101, ef seg. Landowners, residents and visitors must be prepared to accept the activities, stghfs, sounds and smells of Garfield County's agricultural operations as a normal and necessay aspecf of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, srghts, sounds and sme//s only as 6 g. BOCC 04t14t20a8 CR inconvenience, eyesore, noise and odor. However, sfafe law and county policy provide that ranching, farming or other agriculturat activities and operations within Garfield County shatl not be considered to be nuisances solong as operated in conformance with the law and in a non-negtigent manner. Therefore, all must be prepared to encounter noiseg odor, lights, mud, dust, smoke chemicals, machinery on pubtic roads, livestock on public roads, storage and disposal of manure, and the application by spraying orotherwise of chemical fertilizers, so/ amendments, herbicidei, 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 obtigations under Sfafe law and County regulations with regard to the maintenance of fences andinigation ditches, controlling weeds, keeping tivestock and pets under control, using property in accordance with zoning, and other aspecfs of using and maintaining property. Resrdenfs and landowners are encouraged to learn about fhese ights and responsibitities and act as good neighbirs and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & smalt Sca/e Agiculture" put out by the colorado Sfafe University Extension Office in Gaffietd County. Addresses are to be posted where the driveway intersecfs fhe County road. lf a shared diveway rs used, the address for each home shoutd be posted to clearly identify each address. Leffers are to be a minimum of 4'inches in height, % inch in width and contracts with background color. 6 GARFIELD COLINTY Building & Planning Department Review Agency Form EXHIBtr Date Sent: February 8,2008 Comments Due: March 10,2008 Name of application: Tompid Revocable Trust Sent to: Garfield County requests your comment in review of this project. Please notiff 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: 970-3 84-3470 Phone: 970-945-8212 General Comments: Garfield Countv Road & Bridge Department has no objection to this application with the following comments. This application will not have an impact on the traffic volume on Cr. 313 as it is a low traffic volume road. The driveway access to the property meets all requirements for our department and is well maintained and needs no upgrades for this application. Garfield County Road & Bridge Department request that a 30-foot ROW be deeded to_ Garfield County from the center line of the existing road the length of the property that_ borders Cr. 313 for future road improvements. Name of review agency: Garfield County Road and Bridge Dept By:Jake B. Mall Date -February 26. 2008 Revised 3130/00