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HomeMy WebLinkAbout2.0 BOCC Staff Report 01.05.2009Exhibits — Perryman Exemption BOCC Public Hearing 1/5/2009 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 Staff Memorandum M.07;► IJ ��%i ��eti 4a � , Staff Presentation --���- �. ..�-�� ...e ,, J I 11. Letter dated December 1, 2008 from Jake Mall, -oa Bridge J Memo, dated December 18, 2008 from Steve Anthony, Vegetation Manager BOCC 1/5/2009 KE PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER REPRESENTATIVE LOCATION SITE DATA WATER/ SEWER ACCESS EXISTING ZONING Exemption from the Definition of Subdivision Patricia Fern Perryman Donald Fulton and Jack Pretti Section 10, Township 8 South, Range 92 West 255.15 -acre parcel with 12.53 acres on the east side of CR 342 Domestic Well / ISDS County Road 342 ARRD I PROPOSAL The Applicant is requesting approval for an Exemption from the Definition of Subdivision Regulations which, if approved will create one parcel 12.53 acre parcel and a remainder parcel of 242.62 acres. The Exemption Regulations allow for Board discretion regarding demonstration of "prevention of joint use" of a parcel when said parcel is split, as in this case, by the County Road. If shown that the road prevents joint use of the properties, then the `separated' parcel would not count toward the maximum allowance of four parcels per the exemption regulations. The applicant is seeking to create one parcel by way of this application, however would like to retain the right of four parcels that may be created via an exemption in the future. BOCC 1/5/2009 KE 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. Road and Bridge: EXHIBIT I b. County Vegetation: EXHIBIT J c. RE -2 School District: No Response d. Mesa County: No Response e. Bureau of Land Management: No Response 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 Eligibility Section 8:52 of the Garfield County Subdivision Regulations states that "No more than a total of ..._....._..... _.1111.0 „_„_ 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." 324 327 360 34z 331 342 : Perryman 342 344 311 Staff Findings Adequate documentation has been provided which demonstrates that the subject property did exist in its current configuration prior to January 1st, 1973. In addition staff finds that the 12.53 acre parcel is separated from the parent parcel by the County Road which does in fact prevent joint use of the proposed tracts. 2 BOCC 1/5/2009 KE Domestic/Irrigation Water The Applicant proposes to provide water via a domestic well which has been permitted by the Division of Water Resources. A well -sharing agreement would be required in the future if additional units were proposed to utilize the well (which is permitted to serve up to three single-family units). Section 8.42 (D) requires all physical water supplies demonstrate the following: (1) That a four (4) hour pump test be performed on the well to be used; (2) 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 Tots; (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 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. The applicant is required to demonstrate compliance of these standards prior to the signing of the Exemption Plat. Zoning The subject property is located within the Agricultural/Residential/Rural Density (ARRD) Zone District. As required by Section 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 property (parent parcel) is currently accessed via a driveway on the west side of the County Road, therefore the proposed exemption parcel will be required to obtain a `driveway access permit' prior to any work being performed on the parcel. Road & Bridge comments also suggest that the applicant provide a 30 -foot easement from the centerline of the existing County Road for the length of the parcel along that roadway. Staff has added that as a condition, specifically that the easement should be identified on the Exemption Plat. Wastewater The Applicant proposes that wastewater will be provided via an Individual Sewage Disposal Systems (ISDS). Proper permits will be required demonstrating the adequacy of the proposed system. Soils in the area appear to be adequate to allow for ISDS. 3 BOCC 1/5/2009 KE Fire Protection The subject property is located within the Burning Mountain Fire Protection District, and Assistant Fire Marshall Orrin Moon has provided a letter of approval as required by the Section 8:42 E. Vegetation Management Steve Anthony has requested the applicant provide a map and inventory of any County Listed Noxious Weeds on the 12.5 acre parcel and, if necessary, provide a management plan to address any inventoried weeds. Severed Mineral Interests The mineral rights are severed therefore staff suggests 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)." 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 2455-101-00-007, 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 submit an exemption plat within 180 days of approval of the 4 BOCC 1/5/2009 KE Exemption from Subdivision Regulations compliant with State Statute and County Regulations. No transfer of the property or issuance of building permits may occur until such time as the Board of County Commissioners approves and signs the exemption plat, and the plat is recorded with the County Clerk and Recorder. 3. The exemption plat shall include description of a right-of-way easement over the existing County Road encompassing an area 30 feet from the centerline, along the length of the 12.53 acre parcel. 4. The applicant shall provide a map and inventory of County listed noxious weeds on the 12.53 acre parcel and provide a weed management plan to address any inventoried noxious weeds. This plan shall be reviewed and determined sufficient by Garfield County Vegetation Management prior to the exemption plat being signed by the Board of County Commissioners. 5. 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 5 BOCC 1/5/2009 KE 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 State University Extension Office in Garfield County. g. Addresses are to be posted where the driveway intersects the County road. Letters are to be a minimum of 4 inches in height, % 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)." 6. Prior to the signing of the plat the Applicant shall provide the following information regarding provision of water: a. A four (4) hour pump test be performed on Ziegler East and West wells; b. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level for both wells; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge for both wells; d. 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; e. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. The water quality shall be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates for both wells; 7. The property is located in the RE -2 School District. As such, the Applicant shall be required to pay $200 for Parcel 2. This fee shall be paid at the time of final plat. 6 GARFIELD COUNTY Building & Planning Department Review Agency Form Name of application: Perryman Exemption Sent to: 1 1 EXHIBIT IL Date Sent: December 1, 2008 Comments Due: December 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 12.53 acre parcel that will be used as a building site shall require a driveway access permit issued by Garfield County Road & Bridge Department with conditions specific to the driveway location prior to work being performed on this parce. If a 60 -foot easement does not exist on Cr. 342 a strip of land 30 -foot from the center line of the existing roadway the length of the subdivided property bordering Cr. 342 shall be deeded to Garfield County for future road improvements. All fences, trees, brush and any buildings encumbering the new ROW shall be moved back to the new ROW boundary at the sub -dividers expense at final Platt. All vehicles hauling equipment and or materials for the improvement or building on this parcel shall abide by Garfield County's oversize/overweight permit system. Any vehicles requiring oversize/overweight shall apply for permits from Garfield County Road & Bridge Department. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date December 4, 2008 Revised 3/30/00 (PIDt MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Comments on the Perryman Exemption (File#XDS13808) Date: December 18, 2008 The Vegetation Management Department requests that the applicant provide a map and inventory of any County Listed Noxious Weeds on the 12.5 acre parcel and provide a weed management plan that will address any inventoried noxious weeds. The weed, Musk thistle, is prevalent in the area and may be on 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.