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Home My WebLink About2.0 BOCC Staff Report 12.20.2004• Exhibits for Piffer Exemption, BOCC Public Hearing held on 12/20/04 Exhibit Letter (A to Z) Exhibit Mail Receipts Proof of Publication Garfield County Zoning Regulations of 1978, as amended Garfield County Subdivision Regulations of 1984, as amended Garfield County Comprehensive Plan of 2000 Application materials G Staff Memorandum H Review Memo: Garfield County Road and Bridge Department I J K L M N l� • df • Co —> `,rc d A- -----Y f-A}A--> (:\.,&(--1/4-,. fa,64 )71) D).-/,,,ec Z ri,43 c/ir, 't L -,/'—e- --CPv\--1-`1e)L- 4),-itt-,./. I c—,-e_t( , / i—e-1( - C� • • BOCC 12/20/04 PROJECT INFORMATION AND STAFF COMMENTS REQUEST Exemption from the Definition of Subdivision APPLICANT & OWNER Eleanor Piffer REPRESENTATIVE Wayne Pollard ACCESS 2163, CR 250 SITE DATA Approximately 78.59 acres, four (4) lots WATER 2 wells SEWER ISDS EXISTING & ADJACENT ZONING ARRD — Agricultural/Residential/Rural Density STAFF Jim Hardcastle, Senior Planner I. DESCRIPTION OF THE PROPOSAL The Site: Located approximately one (1) mile northeast of Silt, Colorado, with access to CR 250 and in Section 32 of Township 5 South, Range 91 West of the 6th Principal Meridian, the proposed subdivision. The subject site is gently rolling and covered with native grasses. A 2 - bedroom, 1 -bath, 1 -story home built in 1900 currently exists on the property. The Applicant has maintained ownership of the subject parcel since January of 1947. The Proposal: The Applicant is proposing to split 78.59 acres into four (4) parcels, 10.73 acres, two (2) at 10.21 and a fourth lot of 49.37 in the larger tract. Water service will be provided by well water, while sewage treatment services will be provided by ISDS. Electric service is available on the proposed site. No natural gas lines are in the area which will require propane or other such fuels or electric for the purposes of heating. Originally 80.52 acres existed as of January 1, 1973; the proposed parcel in question was reduced in size by approximately 1.93 through an amended plat to 78.59 acres. The creation of the amendment of the adjacent Tract 22 is shown in the "Amended Final Plat of Tract 22 Antlers Orchard Development Company's Plat Garfield, County" recorded in reception Piffer — Exemption from the Definition of Subdivision 12/20/04 #620035 February 4, 2003. The amended plat was processed to adjust a property line to accommodate the centerline of an irrigation ditch and created no new lots. Figure 1. Exemption Plan request and its position within Section 32 (as shown with example dimension delineations). £ 50.56.24.} ,YtXKd4?A7i Pint WY •90!:w' 79G. PACE• ,1_; 66• AVE fAAN�rt+X5 iA5£M£."!r i1! •efA r{5yp'{.rr�Nl \A it \ ` :•;J \ `\ rr# 'v (.SOA roar AM V:. 4t.A)WAY dA9 )TLfl EIS£Mc JT RrtfP1Kw 6;30164 AGG15S W C&UN7r WO4L, 250 PARCEL 1 • 114y it I ;;;Cr 'U6L," S£ir '+- tii`:nrld.kr 57509.1 /• Antlers Orchard Lots # 21, 22, 27, 28 661 PARCEL 2 1C 1J ALREE 4W1/4,41. r/INWI/I 89'57'5R' w h 667.8.' PARCEL **3 r0 Y1 AES 14-7/.447„'1NW r// •♦S 89'57'58' W v h. 5. 5_ w 4G5 58' SWr,.'IN£1/4#11'1/1 � Wp/UtOW /ZY.1Ms W. 7rh♦MI'F CA5i?R-1'r �� • . • k♦ SyV 7'Mn o° 66177 7.4C• be CE55 & V14,TY iASCMCNT 5.•. 1/4NEVWIMP/I PARCEL 4 r0.21 ACRES L Air.W*FNENCC ASE1M.Nt :;;::; ,+40 Rs • t .•NE'!. WYNEy.t0 Aesin. N!Jr SE1 NE1/. 20 Acres SW14 160 Acres 2 N';i S'., 5E1/4 NE% 10 Acres 6 Aero 6 Acru NE:: SE5 40 Acres S 69'56'57- W RA 72' Area reomved by Antlers Orchard Lot #21 Amended Plat Piffer— Exemption from the Definition of Subdivision 12/20/04 • • II. REFERRAL COMMENTS Staff referred the application to the following agencies and County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable: • Town of Silt, No Comment • Burning Mts. Fire District, (No new commentary, letter in application indicating"no objection or comment at this time") • Garfield County Road & Bridge, Exhibit H Entrance construction and signage III. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area I and is designated as "Subdivision" on the proposed land use district map of the Comprehensive Plan of 2000. IV. MAJOR ISSUES AND CONCERNS Subdivision: A. Section 8.52 of the Garfield County 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; howeve 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." Piffer— Exemption from the Definition of Subdivision 12/20/04 3 • • The Applicant has provided proof of ownership in the form of a Warranty Deed describing the parcel in question and four (4) AOD tracts which were acquired by the Applicant in 1947. The current physical configuration, with the exception of the lot line adjustment as executed by the Amended Plat noted earlier, has been shown to be the same general configuration as seen prior to January 1, 1973. The proposal has been shown to be a valid exemption request in that no new interests were created, as required in the first italicized and underlined passage of Section 8.52 on the pervious page, through the creation of the Amended Plat. The area of the proposed division has also not been part of a 35+ acre division as referenced in the second underlined portion of that same passage. Therefore is has been determined by staff that the Applicant has qualified for an exemption which may result in the four lot subdivision proposed as described within the application. Upon successful approval and recordation of this proposal, no further subdivision by exemption will be allowed on any of the four (4) tracts created Also, within Section 8.52 of the Subdivision regulations is additional review criteria which states that B. All Garfield County zoning requirements will be met. Staff Comment — See zoning comments in Section B below. C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; Staff Comment — The Applicant has proposed to provide legal access to a public right-of-way of CR 250 for the proposed lots. The Applicant has created a 30' easement in excess of 2400' for access, roadway and utility usage which are shown on the exemption plan included in the application packet. Planning staff feels that all the new lots should to be included in a Home Owners Association to equally share in the responsibility for the obligations pertaining to the road maintenance and repair; this document shall be created and submitted with the final plat prior to final plat approval. Additionally, as a requirement of the Garfield County Road and Bridge Department a 10'x30' asphalt or chip -seal apron with a stop sign and road name sign will be required where the above described easement meets CR 250 Piffer — Exemption from the Definition of Subdivision 12/20/04 4 • • D. Provision has been made for an adequate source of water 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 Comment — The Applicant has provided information which demonstrates the ability of to serve the three (3) smaller lots by an approved State well permit. It shall be necessary for the new parcels 2-4 to be included in a Home Owners Association in an equal share of the water system. The larger 40.37 acre lot has an existing exempt well There is adequate area available for ISDS due to the large size of all proposed parcels. E. All state and local environmental health and safety requirements have been met or are in the process of being met; Staff Comment — By obtaining an ISDS permit through the County to appropriately install said facilities the Applicant and future lot owners will have met state and local environmental health and safety requirements. The Applicant shall certify there is adequate physical supply for the well permit as noted in this report prior to the signing of the plat In a report to be submitted to the Building and Planning Department, the physical water supply for the well serving the three (3) small parcels shall demonstrate the following: 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 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 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 or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; g. A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. F. Provision has been made for any required road or storm drainage improvements; Piffer — Exemption from the Definition of Subdivision 12/20/04 5 • • Staff Comment — Because of the moderate size of the three smaller proposed lots 2, 3 and 4 and their proximity to the adjacent subdivision for which they gain access from an existing internal road, any necessary storm drainage facilities or easements for the proposed lots shall be placed on the Final Exemption Plat and described to connect with any existing facilities so as not to adversely affect the existing platted lots. G. Fire protection has been approved by the appropriate fire district and impact fees are paid, based on a study of the fiscal impact on the district by new subdivision development, approved by the Board of County Commissioners and Planning Commission. Staff Comment — The Burning Mountains Fire Protection District has indicated that they have "no objection or comment at this time" I a letter dated July 17, 2004. Note: It is unclear if the contents of the review submittal as seen by the fire district in July were the same as the referral request originating from the Building and Planning Department in November 2004. H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; Staff Comment — The Applicant has shown several easement that potentially serve drainage, irrigation or utility concerns, however as seen in item F above, if any drainage, irrigation or utility easements are necessary for the proposed lots, said easements shall be placed on the Final Exemption Plat and described to connect with any existing facilities so as not to adversely affect the existing platted lots. I. School fees, taxes, and special assessments have been paid. Staff Comment — The Applicant is in the Garfield RE -2 School District and shall be required to pay a $200.00 ($600.00 total) school site acquisition fee for the newly created parcels, prior to the approval of the exemption Final Plat. Parcel 1 has not been assessed this fee as the original residential home has been in place since January, 1900 and is not subject to this requirement. Zonin : The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district of Section 3.02 of the Zoning Resolution. Piller — Exemption from the Definition of Subdivision 12/20/04 6 • • 5.04.02 Development Limitations Based on Lot Slope: (2) Lot Size 1 Acre or Greater: Such lots shall have a minimum building envelope of 1 acre in an area that has less than forty percent (40%) slopes; (3) Other: Staff Comment — The site has slopes well below the maximum percent allowed for all three of the "small" lots which have more than 10 acres apiece providing ample area to locate adequate building locations. The large lot has adequate size to provide an acceptable area for construction. For all lots: Driveways, access ways and access easements within the development and on the property of developer shall have a maximum grade of fourteen percent (14%). (A. 94-046) Staff Comment — The site has slopes well below the maximum grade allowed. 1. Plat Site Drawing: The Applicant shall provide centerline dimensions of all internal easements and label the proposed divisions as lots and not as parcels on the Final Plat. 2. Soils: a general interpolation of the characteristics of the soils found at the locations of the three smaller lots from the Soil Survey of Rifle Area, Colorado from the Natural Resource Conservation Service are as follows; Soil Name Shallow Excavations Dwelling w/o Basements Dwellings w/ Basements Local Roads and Streets Kim (41) Moderate: Slope Moderate: Shrink -Swell Slope Moderate: Shrink -Swell Slope Severe: Slope Additionally: Characteristics relat've to development are; deep to well -drained alluvial soils on moderate slopes, permeability is moderate, erosion hazard is moderate and community development use is limited by low strength. Potts loam (55) Slight Slight Slight Moderate: Slope Additionally: Characteristics relative to development are; deep to well -drained soils on moderate slopes of benches and valley sides permeability is moderate, erosion hazard is moderate and community development use is limited by low strength and shrink -swell potential. Dwellings and roads can be designed to overcome these limitations and community sewage systems are needed at higher densities. Potts Lldefonso (58) Severe: Slope Severe: Slope Severe: Slope Severe: Slope Additionally: Characteristics relative to development are; deep to well -drained soils on moderate slopes of alluvial fans and valley s'des, permeability is moderate, erosion hazard is moderate and community development use is limited by low strength and shrink -swell potential. Structures may be needed to divert runoff to minimize gullying and erosion. Piffer — Exemption from the Definition of Subdivision 12/20/04 7 • • V. RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting 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 throughout this staff report, 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. 4. That the application has met the requirements of Section 8:52 (Exemption from the Definition of Subdivision) of the Garfield County Subdivision Resolution of 1984, as amended. VI. STAFF RECOMMENDATION Staff finds that the application does comply with Section 8:52 of the Garfield County Subdivision Regulations of 1984, as amended, and therefore recommends approval of this application with the following conditions. 1. All representations of the, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. The Applicant shall comply with the 1978 Garfield County Zoning Resolution and the Colorado Department of Health standards. 3. It shall be necessary for the Applicant to include all of the new lots in a Home Owners Association to assure an equal share of the responsibility can be guaranteed for the obligations pertaining to road maintenance and repair and to water system maintenance and standard operations. This Declaration of Covenants with this information shall be included in the Final Plat submittal. 4. A Exemption Plat shall be submitted by the Applicant, indicating the legal description of the property, dimension and area of the proposed lots, all easements, centerline and full dimension of the utility and access easement to be created to serve the divisions of property also to be labeled lots 1, 2, 3 and 4 which shall also be labeled with a road name and any other customary items found on an exemption plat as found in the Garfield County Subdivision Regulations.. This plat shall be presented within 120 days Piller - Exemption from the Definition of Subdivision 12/20/04 8 • • to the BOCC for signature from the date of approval of the exemption. 12/20/04, specifically, 4/20/05. 5. The Applicant shall submit $600.00 in School Site Acquisition Fees for the creation of the three (3) smaller exemption parcels, prior to approval of the exemption Final Plat. 6. In a report to be submitted to the Building and Planning Department prior to the signing of the Final Plat, the Applicant shall provide information on the physical water supply for the well serving the three (3) small parcels which shall demonstrate the following: 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 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 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 or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; ' g. A water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. 7. Final Plat notes and covenants shall be added that states the following: a. "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." b. "No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. sew., 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." Piffer -- Exemption from the Definition of Subdivision 12/20/04 9 Exhibits for Pilfer Exemption, BOCC Public Hearing hchl on 12/20/04 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof ofPub!ication C Garfield County Zoning Regulations of 1978, as amended pi .., Ciartield County Subdivision Regulations o't .1984, a, amended ._ „. .., . r I 1 tieuiptu !VIonin• t;nrtipiri t'rynntu rviiPnri 1-trtricIrs r)r.nnrtni•nt