HomeMy WebLinkAbout2.0 Staff Report BOCC 06.16.08BOCC 6/16/2008
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Donald Ziegler Subdivision Exemption
PROJECT INFORIIATION AND STAFF COMIIENTS
REQUEST
APPLICANT
'
OWNER
REPRESENTATIVE
LOCATION
SITE DATA
WATER
SEWER
ACCESS
HXISTING ZONING
Exemption from the Definition of Subdivision
Donald Ziegler / Peregrine 08 lnvestments, LLC
Tim Thulson, Balcomb & Green
31145 HWY 6 &24, Rifle, CO
41.85, Parcel No. 217$054-00-056
Wdl
ISDS
Highway 6 &24
ARRD
Approval
I 31145 Highway 6 & 24
| 41.85 acres
'own of Silt, CCity of Rifle, CO
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I PROPOSAL
ffre nppl''cantferegrine 08 lnvestments, LLC is requesting approva! for an Exemption
from the Definition oi Subdivision which, if approved will create four (4) lots from a 41.85
acre parcel.
An application for Subdivision Exemption was approved by the BOCC at a Public Hearing
on September 10, 2AOT which created three (3) lots on the 41.85 acres. The applicant
never iecorded the plat due to the proposed change to create four (4) lots as submitted in
the current application.
The following breakdown describes each of the proposed lots:
Lot 1 17.798 acres
Lot 2 3.362 acres
Lot 3 5.304 acres
Lot 4 14.780 acres
Access is proposed to be a common entry access easement to Highway 6 with interior
roads designed to primitive road designation standards (40 feet width).
II REFERRAL COM]i'IENTS
starre@efollowingagencies/CountyDepartmentsfortheirreview
and comment. Comments received are attached as exhibits and incorporated into the
memorandum where apPlicable.
County Vegetation: No comments received-
Colorado Department of Transportation: EXHIBIT I
Division of Water Resources: EXHIBIT J
Resource Engineering (on behalf of the County): EXHIBIT H
III RELATIONSHTP TO THE COMPREHENSIVE PLAN
rnesdyArea2oftheComprehensivePlanof2000andis
designaied Outlying Residential. Outlying Residential has a density requirement of two or
,orJ acres per dwelling unit. The uses and acreage proposed by the Applicant conform
to the Comprehensive Plan.
IV ISSUES AND CONGERNS
Su bd ivision Exem ption Resu lation/Propertv El iqi bilitv
ubdivision Regulations states that "No more than a
totat of four (4) lots, parcels, intercsts or dwelling units will be crcated from any parcel, as
that parcel was descibed in the records of the Garfield County Clerk and Recorde/s
Otfice on January 1, 1973. ln order to quatify 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 fiart d a recorded subdivision; however, any parcel to be divided by exemption that
r's sp/it by a public ight-of-way (Sfafe or Federal highway, County road or nilrcad),
a.
b.
c.
d.
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preventing joint use of the proposed tracts, and the division occurs along tle public ight-
'of-way, iicn parcels the'reby 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 dwelting unit limitation otierwise appticabte. For the purposes of definition, all
tracts of tand thiriy tive (35) acres or greater in size, created after January 7, 1973, will
count as parcels of tand created by exemption since January 1, 1973-"
Staff Findinqs
The subject property existed in its current configuration prior to January 1st, 1973 with
deeds piovided iegaiOing conveyance of the parcel as it existed in 1963 to the present.
A copy of the deed conveying the property from Loren Jewell and Elvina Jewell to
Charles Howard Robinson and Clarice Jane Robinson (Reception No. 220673).
The subject property was conveyed to Donald Ziegler by Charles and Clarice
Robinson on'March 2nd,2OO7 (Reception No. 718230) and conveyed by Special
Warranty Deed to Peregrine 08 lnvestments, LLC on February 11, 2008. The
property conveyed to Peregrine 08 lnvestments, LLC is in the same configuration
as identified in the 1963 deed.
Domestic/lrrigation Water
providedomesticwaterviawells.Asharedwellwillprovide
domestic and iirigation water to lots 2, 3 and 4. A shared well agreement will be filed with
the Exemption P-lat and Staff recommends that the Board require submittal of the well
permit prior to signing the Exemption Plat.
The Applicant has obtained two West Divide Water Conservancy District contracts- The
first contract provides water to one single family residence and 14,520 square feet of
irrigation. The second is for a shared well serving two single family residences and 29,M0
rqi"re feet of irrigation. 58.42 (D) requires all physical water supplies to demonstrate the
following:
(l) That a four (4) hour pump test be performed on the well to be used;
iZ> 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) lf the well is to be shared, a legal, well sharing declaration which discusses
all easements and cost associated with the operation and maintenance of
the system and who will be responsible for paying these cost 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;
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Zoninq
f6ffiOject propefi is Iocated within the Agricultural/Residential/Rural Density (ARRD)
Zone Oiitrict. As required by S 8.52 of the Subdivision Regulations of Garfield County of
1g84, the Applicant's proposal as represented conforms to all County zoning
requirements.
Legal Access/Road lmprovements
beaccessedbyHighway6&24thereforeaStateAccess
Permit will be required. Resource Engineering, on behalf of Garfield County has
recommended that the access road comply with standards contained in Section 9.35 and
be constructed prior to signing the exemption plat.
Wastewater
The Applica.t proposes that wastewater will be managed on each parcel by lndividual
Sewage Disposal Systems (ISDS). As the parcels are improved with residences each
property owner will be responsible for installing their own ISDS. The Applicants consulting
"ngineer
has recommended that all systems be designed by a registered professional
engineer. Staff suggests the following plat note be placed on the plat:
"All septic sysfems and rcsidentiat foundafions shall be designed by a professional
engineer licensed to practice in the Sfafe of Colorado."
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
fne proposed 40' access easement and all water line easements shall be conveyed in a
manner acceptable to the County Attomey's Office. The proposed easements shall be
legally described and depicted on the Exemption Plat.
Severed Mineral lnterests
@iieto25o/oofaltmineralinterests.Staffsuggeststhefollowingp|at
note be placed on the Exemption Plat
"The minerat ights associafed with this property will not be transfened with the
surtace esfafe therefore atlowing the potential for natunl resource extraction on the
property by the mineralesfafe owner(s) orlessee(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;
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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;
That the application has met the requirements $8:00 of the Garfield County
Subdivision Regulations of 19U, 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
apfrove the request for an Exemption from the Definition of Subdivision for parcel number
21790il00056, 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 include the following text as plat notes on the final
exemption plat:
a. Control of noxious weeds is the responsrbility of the prcperty 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 owneis
property boundaies.
c. No open hearth sotid-fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid-fuel buming sfoye as defied by C.R.S. 2*7-
401, et. seq., and the rcgulations prcmulgated thereunder, will be allowed in
any dwelting unit. All dwetting units will be allowed an unrcsticted number of
naturalgas buming sfoves and appliances.
d. All exteior tighting shalt be the minimum amounf necessary and that all
exteior tighting be dirccted inward and downward, towards the inteior of the
subdivision exemption, except that prcvisions may be made to allow for
safety lighting that goes beyond the property boundaies.
e. Cotorado is a "Right-to-Farm" Sfate pursuant fo C.R.S. 3*3-101, ef seg.
Landownerc, residents and yisrfors must be prepared to accept the activities,
srghfs, sounds and smells of Garfield County's agricultunl operations as a
normal and necessary aspecf of living in a County with a strong rural
character and a healthy ranching secfor. Ihose with an urban sensitivity
may perceive such activities, srghfs, sounds and smells only as
inconvenience, eyesote, noise and odor. However, Sfafe law and County
3.
4.
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policy provide that ranching, farming or other agicultural activities and
operations within Garfietd 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 manute, and the application by spraying or
otherwise of chemical fertilizers, soll amendments, herbicides, and
pesficrdeg 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 Sfafe
law and County regutations with regad to the maintenance of fences and
inigation ditches, controlling weeds, keeping livestock and pets under
control, using prcperty in accordance with zoning, and other aspecfs of using
and maintaining property. Residenfs and landowners are encouraged to
leam about fhese rights and responsibilities and act as good neighborc and
citizens of the County. A good introductory source for such information is "A
Guide to Rural Living & Small Scale Agiculturc" put out by the Colorcdo
Sfafe University Extension Office in Garfield County.
Atl new septic sysfems and residential foundations shall be designed by a
prcfessional engineer licensed to practice in Colorado.
Addresses are to be posted where the diveway rnfersecfs the County road.
tf a shared diveway is use4 the addrcss for each home should be posted to
ctearly identify each address. Leffers are to be a minimum of 4 inches in
height, % inch in width and contructs with background color.
Diveways should be constructed to accommodate the weights and tuming
radius of emergency apparatus in adverse weather condition.
j. Combustible mateials should be thinned from around structures so as fo
provide a defensible space in the event of a wild land fite; and
k. "The mineral rights associafed with this property will not be transfened with
the surtace estate therefore allowing the potential for natural resource
extraction on the property by the mineral esfafe owner(s) orlessee(s)."
3. Prior to signing, the exemption plat shall be amended to reflect the following
corrections:
a. Add a Certificate of Ownership;
b. Remove the Board of County Commissioners Certificate;
c. Add a vicinity map.
4. Prior to the signing of the plat the Applicant shall provide the following
information regarding provision of water:
h.
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a.
b.
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A four (4) hour pump test be performed on Ziegler East and West wells;
A weli 'completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level for both wells;
The results of the foui (4) hour pump test indicating the pumping rate in
gallons per minute and information showing drawdown and recharge for both
wells;
A written opinion of the person conducting the well test that the well should
be adequate to supply water to the number of proposed lots;
A legal, welt sharing declaration which discusses all easements and cost
assoiiated with the operation and maintenance of the system and who will
be responsible for paying these cost and how assessments will be made for
these costs;f. The water quality shall be tested by an independent testing laboratory and
meet State guidelines concerning bacteria and nitrates for both wells;
A copy of well permits issued pursuant to CRS 37-90-137(2) for the Ziegler East
and West wells.
Prior to the signing of the plat the Applicant shall obtain a CDOT Access Permit
and construct the road improvements necessary to access to the Iots.
The property is located in the RE-2 School District. As such, the Applicant shall
be required io pay $200 each for Parcels 2, 3 and 4. This fee shall be paid at the
time of final plat.
c.
d.
5.
6.
7.
7
EEEIIEEENEEsrrreEEIIEnrrlg
FIESOUFIGE
rrlvf iv
E N G I N E = FI I N G I N tr
Kathv EastleY i A--!
MaY 28' 2008
AHtld C;ui'ttv euitoins and Planning Dept
108 8th Street, Suite 201
etenwooO SPrings CO 81601
RE: Zegler Exemption Subdivision Review
Dear KathY:
At the request of Garfietd county, Resource Engineering' lnc' (RESOURCE)' revieWed
the Subdivirion e*"?'piiJn-"'uniiiteg -uv i'""J1'fi qt- Ii:,o*entt' LLc for the Ziesler
Exemption. *'" ,"qrJi'i;;;iii;i.ed ""r.iinto
4 parcels' The propertv is located at
3114s Highway u1ffa*ii'-,iffi-il#r!-t*o"rir"s west of the Town of silt' The
submittar incrudes a packet ot oo-*rJil" iliiJ'n-prir i008. The exemption subrnittal
must meet the requirements o1 seciio-n-B;r-oi *,r Garfrerd county su*ivision
Regulations. our r"ii"* **ments on i*nniol items are presented below'
Section 8:52 Review
c)Accesstoallfourp?ryEwillbefromaprivateroadoffofHighway6&24.An
access perrit'tilm'COOi must #;d;idd priorto signing any exemption plat'
D)Physicalandlegalwater:ryp|Y,isproposedlIoB.twowells.Lotlwillbeservedby
a wetl and lots 2, 3, and + will ;[;; a wett' ttre suOmitted well permits are for
monitoringReJ*i,ffr. VatiO welt #*it t* ttre tw1' welii approved for the intended
uses of each must be submitteo [rior to signing any exemption plat'
Note8ontheexemptionplatjsnotcorrectandshouldberevisedtoaddressall
tots and providefl.," Jo#.iwett permit "ffiGl;ieachwell'
The note should also
reference the two,l6WeD 141i[r nffoimeni Contracts and for which lot each
contract is applicabte. The plat ,"p ,rJt'tno", ir," location of each well and
provide easements ioittr"'*"ii facilities and pipelines to each lot'
Awellsharingagreementmustbeprep-aredpriortosigningofanyexempuonplat'
The well facilities (pumps, lanks' '#;; i;tu"t' eic'; lnd pipelines must be
constiu"ted prior to iigning ot any exemption plat'
ThesewagedisposalisproposedtobelndividualsewageDisposalSystem.
Based on poor roir ilniili#i'it shotrld o" t"Gptt"o that en-gineered systems will
be required as ioenlieJ ilv inl npplri. N;i; N;. 6 on the exemption plat should
be changed to stxe'iiil;;i;.Jd; rsDS systems are required for each lot
Theprojec-tislocatedwithintheCr!ofRifleWatershedProtectionDistrict'A
Watershed permit'ii iiti p*i""t.'noi.1d-be outained prior to signing of any
exemPtion Plat.
The proposed access easement is 40 feet wide which meets the GARCO right-of-
way standaro tortril-rJiri*o prirnitir" iiii't"signation- The access road must be
E)
F)
H:?:,':L::";:n":":Loli::JEninss' co Bl Eo'i E t',T',)s45-a777 s Fax reTor s45=11=7
MaY 28, 2008
Kathy EastleY
Page 2
e,onstructedpriortosigning-alvgxemption.plat.and.mustmeetthestandardsof
section g.35 including two g toa'iil;witn z foot.shoulders' a minimum curve
radius of 50 feet, an engineereo oeligi-to;;;;" ",rd.gravel
surface' and a cul-de-
sac length orffi, in.n-000 feel "niptop"t
tumaround design' The Access and
utitrty ea.rm"nGil; b. hbeled on the exemption plat map'
G.UtilityeasementsforthewellandwatersystemarerequiredasdescribedinltemD
above.
Pleasecallifyouhaveanyquestionsorneedadditionalinformation.
SincerelY,
ING.
MJE/mmm
885-63.0
[rcn nruas onnoo$3.o zlEGLIR DGMPTIoM
Kafiy EasthY subdlvbbn reviar'dm
Michael
iEEi!trESOUFICE
!ES!=NGTNEEFTNG tNc
DEPARTMENT OF NATURAL RESOURCES
OWTSION OF WATER RESOURCES
C,lt tzjeglgr Esepptio4ii,d?g ,.
cc: AldnMarteltaioiDivision'Engineer
. - ., Pqvid Berry, Walqr ComqisgjOPgr'
| .. i _.
. ..:. i ..
May 14,2008
Water Resources Engineer
ir .,
' .t- .'
Dstrict 45
RECETVED
MAY I 9 2008
ffi,lr*8,:ffili#
BiilRitter, rr.
Governor
tlarris D. Stresnan
Exeortive Director
DickWolfeP.E.
Director
Kathy EasfleY
errfLfO County Building and Planning Department
108 8t'St., suite 401
Glenwood SPrings, CO 81601
Re: ' Ziegler Sr.rbdivision Exemption
w,e,::m*lJifu [??Hi'?:i#
DEar KathY:
The above,referenced submittal requests a subdivision exemption f9r a !1'85-acre parcel
to be sprit into four singrenfamily residentiaiiois. as stated in the state Enginbe/s March 4, 2005
memorandum to coung pranning directori, inis office.has no statutory responsibirity to revi'nar land
use actions that do;;iH;ud; t[e suuaivision of rand as defrned in section 30-2&101(10xa),
C.R.S. This refenal does not appear to q'u;-lify ;" a isubdivision"' However' we have performed
""ursory.lyiex[.Rpd..l1,erf
pJi{ilg.ia&g1tat.g2flrrnts
.:I.The,applicant..inEnds:b.sUpplywaterthroughtwoexistingwells.PermitNos.2T366l
ar$27.366?.w.g'e_ip;Ueo,ioi tn" ziiir6reast and west Monitoring wells' respectivelv, for
dionitoririg water r"+-Ji"-;*;;;#q'"litv1"'pps.. rl'" nr9lo.9{-11:9]l:]uqtd copies of
west Divide water conservancy Distri;irfuowcol.contra&;NoS,-070419WestDZ(a) and
07g19East DZ(altor O.AS acre-feet
"nO
i.gg acrs'ieet, respectively' Well perryits issued
pursuant to cRS S7€0-iiztil "4 flre wowcD contracts must be obtained prior to the
[plirti"" "t
the ZegLr Easi ind West Wells pursuant to the contracts'
NotethatthisofficedoesnotnecessarilytakethepositionthatthewaterSupplyplanis
valid. lf you or the applicant has any questlons conceming this matter, please contact me for
assistance.
Office of the State Engineer
1313 Sherman Street, Suite 818 ' Denver, CO 80203 ' Ehone: 303-866-3581 r Fax 30&855-3589
www.water'state.co.us
Cynthia J. Lbve
