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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.17.2009Exhibits —Potter Exemption BOCC Public Hearing 2/17/2009 Exhibit Letter (A -Z) 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 Staff Presentation Letter dated December 30, 2008 from Jake Mall, Road & Bridge J Memo, dated January 19, 2009 from Steve Anthony, Vegetation Manager K Email, dated January 6, 2009 from Jim Rada, Environmental Health Manager - ,(itA,„„-,,,„- -N_ svk M3 2)-6 (3-0 BOCC 2/17/2009 Potter Exemption PROJECT INFORMATION REQUEST APPLICANT / OWNER REPRESENTATIVE LOCATION SITE DATA WATER/SEWER ACCESS EXISTING ZONING STAFF RECOMMENDATION Exemption from the Definition of Subdivision Samuel Potter, Jr. Barb Clifton, Stuver, Lemoine & Clifton, P.C. One mile south of 1-70 exit at Rulison 136.58- acres; Parcel No. 2175-312-00-028 Potter Springs 1 and 2 / ISDS County Road 320 and 323 ARRD Approval I PROPOSAL The Applicant, Samuel Potter, Jr. is requesting approval for an Exemption from the Definition of Subdivision which, if approved, will create two (2) new parcels and a remainder parcel from a 136.58 -acre property. 1 The application proposes to create parcels in the following manner: Parcel 1 Parcel 2 Parcel 3 9.26 -acres 4.97 -acres 122.35 -acres (remainder Parcel) 136.58 -acres BOCC 2/17/2009 Potter Exemption POTTER' EXEMPTION PLnT .1 Entre of 1909 v. tit 9 (591/4 o/ the 561/4) mint Nu' SE 1/4 of (h. Su 1/4 S.<tio.. 30. TES. 5946 N th. 6th 1.11. in 6i jird Taunt.. 1.1ornin '......471.13 010:46.3r33.=,.=• .,..,.�;.. .tip. �+•-13.13. 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. a. County Vegetation: EXHIBIT J b. Road and Bridge: EXHIBIT I c. Environmental Health: EXHIBIT K d. Grand Valley Fire District: No comment received e. School District 16: No comment received 11I RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 3 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 states that "No more than a 2 BOCC 2/17/2009 Potter Exemption 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 The subject property existed in its current configuration prior to January 1st, 1973 with deeds provided regarding conveyance of the parcel as it existed prior to that date. • A copy of the deed conveying the property from Betty Ross Potter to Samuel Bert Potter, Jr. on May 12, 1969 in Book 402 at Page 176. Domestic/Irrigation Water Grand River Consulting Corporation provided an analysis of the legal and physical water supply for the exemption request. "In-house potable residential water will be supplied from the Potter Springs No. 1 and 2 Pump and Pipeline. These two springs are gathered into a central collection system, from which water is pumped and piped to the three subject parcels of land for domestic, residential and irrigation use. The springs have been reliably used for potable drinking water purposes on the site since the early 1900's." Legal Supply The Potter Springs No. 1 and 2 Pump and Pipeline is adjudicated for 0.13 cubic feet per second (58 gallons per minute) and decreed in Civil Action No. 4072 for domestic and other beneficial uses. The water right is in -priority year-round and not subject to an administrative water right call from any downstream water users. Physical Supply The water quality was tested and the springs are low in total dissolved solids. The springs discharge was observed in excess of 50 gallons per minute. §8.42 (D) requires all physical water supplies to demonstrate the following: That a four (4) hour pump test be performed on the springs to be used; A completion report demonstrating the spring characteristics and the static water level; The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; A written opinion of the person conducting the test that this water source should be adequate to supply water to the number of proposed Tots; 3 BOCC 2/17/2009 Potter Exemption (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) If the springs are to be shared, a legal, 'spring' 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; With the exception of the "spring sharing" agreement, the above requirements were found to be sufficient based upon reports supplied in the application. 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. Access The proposed exemption will be accessed by County Roads 320 (Parcel #2) and CR 323 for Parcels #1 and #3. The applicant shall provide a right-of-way easement 30' from the centerline of the roadway on both CR 320 and CR323 where the county roads abut the property. This requirement is proposed as a condition of approval of the application. Garfield County Road and Bridge provided comment on this application and stated that a driveway access permit shall be required for Parcel 2. 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. Fire Protection The subject property is located within the Grand Valley Fire District. The District did not respond to the referral however the applicant did provide a letter from Deputy Fire Chief Rob Ferguson which identified access for fire apparatus, posting of addresses and defensible space requirements. If compliant with these issues, the District could not foresee problems with the request. Easements Necessary easements shall be legally described and depicted on the Exemption Plat to allow for the distribution of water and other utilities. Staff is recommending a condition to satisfy this requirement. Severed Mineral Interests The Applicant owns title to 100% of all mineral interests however the County is unaware if those rights will be transferred with the newly created parcels, therefore Staff suggests 4 BOCC 2/17/2009 Potter Exemption the following plat note be placed on the Exemption Plat "The mineral rights associated with this property 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)." Vegetation Steve Anthony, County Vegetation Manager requested that the applicant provide a map and inventory of any County Listed Noxious Weeds on the two proposed parcels and the remainder parcel. A weed management plan will then be required to address any inventoried county listed noxious weeds. Exemption Plat A proposed plat was submitted with the application materials and a revision to that plat was submitted to staff. It is currently in process of being reviewed by the County Surveyor to determine compliance with state statute requirements. Due to some peculiarities with the description of the overall parcel, as well as Parcel #3, staff is recommending a condition of approval that the exemption plat must comply with the requirements of the County Surveyor. A second issue regards a Quiet Title action on an adjoining strip of land. Staff has not been provided details regarding this action as it currently does not affect the parcel under consideration for Exemption. However, the outcome of the action may result in land area being added to this property. Should that be the case, an Amended Exemption Plat would be required. V PROPOSED 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 5 71.11\r"1 b re 2175-312-00-028, with the following o ditions of approval: BOCC 2/17/2009 Potter Exemption 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. 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 6 g. BOCC 2/17/2009 Potter Exemption 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. 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, Y2 inch in width and contracts with background color. h. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather condition. i. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and "The mineral rights associated with this property 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 exemption plat shall designate a 30' right-of-way easement from the centerline of the roadway along County Roads 320 and 323 along the property line of the parcels. 4. The exemption plat shall describe all necessary easements for provision of utilities. 5. The Applicant shall submit an inventory of County Listed Noxious Weeds and a Weed Management Plan for the three parcels comprising the 136.58 -acre site. The inventory and management plan shall be reviewed and determined sufficient by the County Vegetation Manager prior to the signing of the exemption plat. 6. Prior to the signing of the plat the Applicant shall provide a legal spring 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 property is located in the School District 16. As such, the Applicant shall be required to pay $200 each for Parcels 1 and 2 as a fee in -lieu of School Land Dedication. This fee shall be paid prior to the signing of the exemption plat. 7 GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: Potter Exemption Sent to: EXHIBIT 1 I - Date Sent: December 30, 2008 Comments Due: January 19, 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: Kathy Eastley 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. The 30 -foot ROW showing on the survey shall be deeded to Garfield County if not already a deeded ROW. The existing driveway access for parcel 1 shall be exempted from the driveway access permit standard. A new driveway access permit for parcel 2 shall be applied for from Garfield County Road & Bridge Department. The driveway access permit will be issued with conditions specific to the driveway access location. All vehicles hauling equipment or materials for projects on all parcels shall abide by Garfield County's oversize/overweight permit system. Any vehicles requiring oversize/overweight permits shall apply for them from Garfield County Road & Bridae Department. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date January 6, 2009 Revised 3/30/00 MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Comments on the Potter Exemption (File#XDS14808) Date: January 19, 2009 The Vegetation Management Department requests that the applicant provide a map and inventory of any County Listed Noxious Weeds on the proposed two new parcels (8.78 and 4.75 acres) and the remainder (123.05 acres) and provide a weed management plan that will address any inventoried county listed noxious weeds. The noxious weeds chicory, Russian knapweed and hoary cress may be located on the site. If the applicant needs assistance they may contact me at 625-8601 and we can arrange a site visit and provide some assistance with the weed inventory and management plan. Kathy A. Eastley From: Jim Rada Sent: Tuesday, January 06, 2009 5:03 PM To: Kathy A. Eastley Subject: XDS14808 - Potter Exemption. Attachments: Jim Rada (jrada@garfield-county.com).vcf Hi Kathy, 2 EXHIBIT I have reviewed the referenced submittal and have no comments to offer at this time. Please feel free to contact me if you have other information or questions. Thanks for the opportunity to review this application. Jim Kada, RLN r5 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.garfleld-county.com 2/10/2009 MEMORANDUM TO: Board of County Commissioners FROM: Kathy Eastley, AICP DATE: February 2, 2009 RE: Potter Subdivision Exemption Public Hearing The Potter Subdivision Exemption application requires a Public Hearing pursuant to Section 8:31 of the Subdivision Regulations of 1984. Though the applicant placed notice in the newspaper and sent notices to adjacent property owners, the required posting of the property did not occur within the specified time period to meet the February 2, 2009 hearing date. The applicant, at the direction of the Planning Department, re -noticed in the newspaper, to adjacent property owners and posted notice on the property for a Public Hearing date of February 17, 2009. The applicant and staff requests a continuance of this application to February 17, 2009, for which it has been properly noticed.