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HomeMy WebLinkAbout3.0 Staff Report D.D. Revised 11.22.10Reid Major Exemption Administrative Review April 9,2010 - Revised November 22,ZO1O PROJECT !NFORMATION REQUEST APPLICANT / OWNER REPRESENTATIVE LOCATION SITE DATA WATER/SEWER ACCESS EXISTING ZONING Exemption from the Definition of Subdivision Reid Trust, Donnell Reid Cheryl Chandler, Cheryl and Company East of Rifle at the intersection of CR 233 and CR 291 lSection.3, Township 6 South Range g3 West of the 6th P.M. 39.32-acres; Parcel No. 21 Z7 -031-00-01 9 One Existing Well/ Two Existing Septic Systems CR 233 (Silt Mesa) Rural I PROPOSAL Parcel Map with Aerials Reid Trust is the owner of a +40-acre parcel located just east of the City of Rifle at the intersection of County Roads 233 and 291. According to the County Assessor information a home has existed on the parcel since 1g34 along with a garage and an agricultural pole shed. Several years ago a modular building was constructed - to the best of our knowledge with building and septic permits even though a second dwelling unit is only permitted by obtaining the proper Land Use Change Permit for parcels within the Rural Zone District. Such a permit has not previously been issued for this property. To further confuse the issue the assessorrecords do not identify a second unit on this parcel, and the building and septic permitapplications identify the adjacent parcel as its location. As you "rn f"" from the aboveaerial map there are two units existing on this parcel today, and this application is an Reid Major Exemption Administrative Review April g, 2010 - Revised November 22,2010 attempt to clear up the status of the units and the property. This exemption request is tocleaJe two new parcels (a 3-acre parcel and a 6-acre'parcel), leaving a remainder parcelof +31-acres. The approval of this exemption application, and recorO-ing of an exemptionpiat, would bring_ a currently non-conforming parcel into zoning conformance with theUnified land use Resolution of 200g, as amended. The t40-acre property is served by a single pre-existing well and two septic systems, oneof which was constructed in 2005 and the oiher was reLently updated pursuant to SepticPermit number SEPT-4-10-1519. The well was recently permitted by the Division of WaterResources as an exempt well with the ability to serve three units. ihe septic system andrelated leach field locations to serve the two new parcels are identified on tire plat. This application is reviewed pursuant to 5-202 B. County Exemptions Requiring platting, Major (4 Lot) Exemption, 5-406 General County Exemption Criteria, and Article Vi'i,Standards, as contained within the Unified Land Use Code of 2008, as amended. The Applicant has provided information sufficient to determine that this parcel has existedin its current configuration since February 16, 1961. II REFERRAL COMMENTSStarrre@efollowingagencies/CountyDepartmentsfortheirreview and comment. Comments received are attached as exhiblts and incorporated into thisreport where applicable. 1. Road & Bridge:2. Environmental Health 3. Vegetation 4. County Surveyor 6. Colorado Geologic Survey 7. Division of Wildlife 8. RE-2 School District Exhibits F and P Exhibit H Exhibit G Exhibit K Exhibit I No comment received No comment received 5. Division of water Resources No comment received ilt 9. Rifle Fire Protection District Exhibit J '10. Soil Conservation District No comment received 11.water conservation District No comment received12.City of Rifte Exhibit L 13. Resource Engineering (on behalf of Garco) No comment received NSIVThesubjectpropertyislocatedirehensivePlanof2o0oandis designated as Outlying Residential. The parcel falls within the 2-mile Sphere of lnfluencefor the City of Rifle. Clry oF RIFLE This site is of importance to the City as it is included in the first tier ofproperties that would be annexed into the City. Matt Sturgeon has responded, Exhibit L,with several requests: 2 Reid Major Exemption Administrative Review April 9, 2010 - Revised November 22,2010 That the County 'only grant the two lots necessary to sell off the existing houses and require the remainder be merged as a condition of approval.' That the Applicant dedicate 112 the required right-of-way for future planned roadways - 25' from the centerline of CR 233, 25' along the westerly and southerly boundary of the parcel, and 50' along the eastern boundary. Mr. Sturgeon closes with "We respectfully request the Planning and Building Director condition the approval of the exemption by requiring dedication of sufficient rights-of-way to accommodate the city's future transportation needs. Additionally, we recommend Garfield County condition the approval of the third 2.Z-acre parcel - the proposed vacant parcel - by requiring the applicant obtain approval of a pre-annexation agreement before allowing platting of a third parcel." This letter of response was associated with the original application which had requested three (3) new parcel and a remainder. The applicant has amended the request to the two (2) lots discussed above. IV ISSUES AND CONCERNS Access lssues - Jake Mall, County Road & Bridge, responded to the referral, Exhibits F and P, by stating that ".,.the one driveway to the original existing home was to be closed when the new driveway access to the modular was granted." This closure had not occurred as required and on April 7, 2010 a photograph was submitted, Exhibit O, indicating that tree stumps had been place within the driveway, thereby creating a 'permanent' closure of the access. ln Exhibit P Mr. Mall indicates that the placement of tree stumps in the driveway will 'work' but that the appearance is not pleasant. The Applicant has subsequently shut off the access to the satisfaction of R&B. Additional Access lssues - County Road 233 is a prescriptive use and as such the County does not have a Right-of-Way Easement for the road. lt has been common practice to describe that right-of-way that exists within the Exemption property and designateit as such on the plat. The dedication is an easement only, the underlying property remains with the adjacent parcels. This requirement has been added as a condition of approval.C. City of Rifle has significant concerns and requestsfor the County including not allowing the creation of the third parcel and the provision of rights- 1. 2. A. B. : ;... . t".fr, .9=.;,b* :; { that and Reid Major Exemption Administrative Review April 9, 2010 - Revised November 22,2010 of-way to assure the City's future transportation network. Due to this parcel being within the Tier 1 growth area Staff recommends that no subdivision beapproved through County action, but that the Applicant discuss annexation tothe City of Rifte. D. Septic lssues - Jim Rada, Environmental Health Manager, responded, ExhibitH, that the plat does not locate the leach field for the or-iginal home on parcel 1nor has the distribution system for water/wastewater been located on the parcel.The leach field location on Parcel 2 may not meet state statute - the requiredone hundred foot (100') separation from ihe well on Parcel 1 and the twenty-fivefgot (25') separation of water distribution lines from the leach field. Adetermination cannot be made by the information provided. The Applicant hasprovided a letter from J.W. Squires Const., Exhibit N, regarding a wastewatersystem on proposed Parcel 1. This letter states that "All I did was dig andbackfill". This information is insufficient for staff to make a determination of theadequacy of the wastewater system on either parcel 1 or parcel2. These issues have been resolved. E. Permit lssues - Proposed Parcel 2 currently is the site of a modular homeserved by an on-site ISDS, and water from the well on parcel 1. Thisconstitutes a zoning violation as the Applicant did not acquire the necessaryland use permits. ln fact the building permit information supplied by theApplicant (and noted by the plans examiner), Exhibit M, clearly states that theoriginal home on the site was uninhabitable'and therefoie a permitwas issuedfor the modular. s-ubsequently the original home on the site was made habitable without benefitof the necessary septic and building permits. The Applicant has sincesubmitted for the necessary permits and the Building Department is satisfied. F. Fire Protection - The Rifle Fire adequate fire protection water Protection District states, Exhibit J, supply currently exists for parcels 1 an 2, Reid Major Exemption Administrative Review April 9, 2010 - Revised November 22,2010 however Parcel 3 will may be required to install a fire hydrant in order to meet the distance requirements of the lnternational Fire Code (lFC). parcel 3 has been removed from the application. V REVIEW CRITERIA Su bd ivigi gn Exem otion Req u lation/propertv E I iq i bi I itv Section 5-202 of the Unified Land Use Code of ZOOA stipulates the following requirements for a major exemption: B. Major (a Lot) Exemption. Division of land by which no more than four (4) parcels, i.e. the remainder parcel and not more than three (3) new parcels will be split from a parcelof land that was described in the records of the Garfield County Clerk and Recorder's Office as of January 1, 1973 as a parcel of land 35 acres or more in size and not part of a recorded subdivision. ln addition to the general exemption criteria, contained in Section 5-406, the proposed Major Exemption shall require recording of a Major Exemption plat, describing each Exemption Lot by a metes and boundJ legal description and as a numbered or lettered "Exemption Lot". Staff Findinqs 119_sulj9ct property existed in its somewhat-current configuration prior to January 1't,1973. A Boundary Line Adjustment has affected the parcel however it did not substantially change the parcel that existed pre-1g73. Domestic/l rriqation Water Leqal Supplv A Well Permit was issued on February 5, 2010 for "Change/Expansion of Use of an Existing Well". The well is permitted to serve up to three (3) dwelling units and irrigate not more than one acre of home gardens and lawns. colorado Division of watea Rerourcet, AeuAMAp dEmonstrrtes an ective well within y. miles of th; approved well Permit No' 282s85 with a rwrded yield of ls gallons per minute {permit No. 16}482}, AOUAIrAPSolr.ido Oivirion ot w'tar R*rtud Phvsical Supply A 24-hour pump test will be required pursuant to 57-1048.2.a., however the Applicant did demonstrate that adjacent wells have the potential to provide a sufficient supply as indicated by the Division of Water Resources Aqua Map (shown here). This is an interim demonstration of the potential for a sufficient water supply. A well-sharing agreement is required and a draft version of Reid Major Exemption Administrative Review April g, 2010 - Revised November 22,2010 that document has been submitted. Additional information is required regarding the water distribution system, including theeasements for conveyance of the water to serve the lots. Prior to recording of the ptJt tneApplicant must submit the 24-hour well testing, the executed Well Sharing Agreement. Zoninq Tle gubject property is located within the Rural (R) Zone District. As required by the VLUC, the Applicant's proposal as represented wiit bring the non-conforming second dwelling unit into compliance with county zoning requirements. Access The proposed exemption is located at the intersection of County Roads 233 and 2g1. Asstated earlier, Road & Bridge has commented regarding the non-compliance with closure of a driveway access when a driveway permit wis granted. The closure of this accesspoint has occurred to the satisfaction of R&B The dedication of.right-of-way, as requested by the City of Rifle, is necessary to assure thefuture transportation network of the area. This ROW should be shown on tne plat anddeeds conveying the ROW must be submitted to the City and a letter of acceptance fromthe city must be provided to this department prior to the dOCC signing the Exemption plat. Wastewater The Applicant has stated that the site is currently served by two lndividual SewageDisposal System (ISDS), one for each residence. Fire Protection The subject property is located within the Rifle Fire Protection District. The deletion of thethird 'new' lot has resolved any issues identified by the District. Easements The plat does describe 30'Well and Water Line Easement from the well, however the platdoes not describe any easements for other utilities such as electric and telephonealthough the utility imp-rovements (pedestals and poles) are located on the plat. Throughthe platting process the Applicant is required to legally describe all easements, bothexisting and proposed. quired plat NotesTheApplicanthasprovidedinformation@alownershipwhichhasbeen severed. Should the application be approved the following plat note would be required onthe Exemption Plat: "Th-e mineral rights associated with this property witt not be transferred with thesurtace esfafe therefore attowing the potentiat tor natural resource extraction on the property by the mineralesfafe owner(s) orlessee(s,).,, 6 Reid Major Exemption Administrative Review April 9, 2010 - Revised November 22,2010 A list of required standard plat notes has been provided to the applicant for their inclusionon the exemption plat however the exemption plat currently does'not meet the standardsrequired in the Unified Land Use Resolution of 200g, as amended, Veqetation Steve Anthony, County Vegetation Manager, has responded, Exhibit G, that noxious yeeds are present on the site and that the applicant provide a Weed Management plan. Staff has not received this document Geoloqv Karen Berry, Colorado Geologic Survey, Exhibit l, has reviewed the proposal anddetermined that "the site does not appear to contain any geologic hazards that wi1 prevent development. However, the site does contain soil constraints tnat need to be considered in the design of building, septic systems and other improvements.,, School Land Dedication The Applicant shall be required to pay a fee in-lieu of land dedication to RE-2 SchoolDistrict for the "ne\M" or additional lot created. This results in a fee of $200.00. VI COUNTY EXEMPTION CRITERIA The following general exemption criteria shall apply to all proposed exemptions requiringplatting. 4. Gompliance with Zoning and Use Regutations. The development and use ofExemption Lots comply with the zoning regulations and use restrictions of this Land UseCode and the PUD zone designations, if applicabte. 1- The resulting Exemption Lots are not illegal or nonconforming lots underthese Regulations. Any Exemption Lot ihat is nonconformiig shalt notincrease its degree of nonconformance. 2. The resulting Exemption Lots contain safe, adequate building sites capable of complying with applicable use restrictions, criteria and standards set forth in these Regulations. B. Not within the Purposes of Subdivision Statutes or This Land Use Code. Thedivision of land by.the exemption processes, detailed herein, is not within the purposes ofthe state subdivision statutes, Part 1 of the County Planning and Building Code Act,C.R.S. 530-28-101, et seg., or the subdivision regulations of thiJLand Use Code. C. Adequate Water Supply. The resulting Exemption Lots have a sufficient legal and(potential) physical source of water, in compliance with the requirements of this Land UseCode set forth in Section 7-105 of Article Vll, Sfandarrds. 'A 24-hour pump test is acondition of approval - this must be submitted prior to scheduling the BOiC signature onthe plat. 7 8 Reid Major Exemption Administrative Review April g, 2010 - Revised November 22,2010 P Adequate Water Distribution and Wastewater Disposal System. The resultingExemption Lots will have demonstrated the existence of an adequate water distributionsystem (conditioned upon submittal _of 24-hour pump test, Welt Sharing Agreement andexecution of easement documents for the water conveyance) and waitewater disposal lYstem in compliance the requirements of this Land Use code set forth in section 7-106 ofArticle Vl l, Sfandards. E. Adequate Access. The resulting Exemption Lots have legal and adequate accessin compliance with the requirements otthis Land Use code setforth in section 7-10g ofArticle Vl l, Sfandards. F' Hazards- The resulting Exemption Lots do not create hazards identified in Section7-209 and sectionT-210 of Article vll, or exacerbate existing hazards. 9' Compliance with Comprehensive Plan and lntergovernmentat Agreements.The proposed exemption is consistent with applicable provi-sions of the GarfTeld CountyComprehensive Plan and any intergovernmentat agreements between the County anO amunicipality that apply to the area where the division of land will occur. I, Exemption_U-"p, Requirements. See the specific requirements for ExemptionPlats at Section 5-502(CXo) and (cX7). The following general criteria also applies: 1. Suitability of Plat for Recordation. The exemption map or plat is drawn inaccordance with the requirements of these Regulations and will be suitablefor recordation upon compliance with staff comrients. 2. Adequacy of Supporting Materiats. The exemption plat does meet allplanning, engineering, and surveying requirements of these Regulations formaps,.data, suryeys, analyses, studies, reports, plans, designs,tocuments, and other supporting materiats. 3. Liens and Encumbrances. The exemption plat does not include a lien,conveyance, or encumbran.ce to the property dividing a tot or encumberingthe public use of public dedications for roadways prU-li. utility easements oiother purposes. l. Taxes. The Applicant has not demonstrated have been paid, however the plat cannot be signed Treasurer certifies that all taxes are paid in full. VI! PROPOSED FINDINGS that all taxes applicable to the land by the BOCC until such time as the 1. That proper notice was provided to adjacent property owners as required by theUnified Land Use Code of 200g, as amended; 2. That the administrative review was extensive and complete, that all pertinent facts, - I Reid Major Exemption Administrative Review April g, 2010 - Revised November 22,2010 matters and issues were submitted and that adjacent property owners had theability to be heard regarding this request; 3. That for the above stated and other reasons, the proposed exemption has beendetermined to be in the best interest of the health, safety, and welfare of the citizensof Garfield county if conditions of approval are fulfilled; - 4. That the application will meet the requirements Article V, Division 4 and Article Vllof the Garfield County Unified Land Use Code of 2008, as amended, prior tosigning of the Exemption plat. a. STAFF RECOMMENDATTON Staff finds the proposed Exemption will comply with the Garfield County Unified Land UseCode of 2008, as amended, if conditions of approval are completed and thereforerecommends that the Director of Building and Planning issue a Determination of Approvalwith the following conditions: 1. That all representations made by the Applicant in a public hearing before the Boardof County Commissioners shall be considered conditions oi approval unlessotherwise amended or changed by the Director. 2. The Applicant shall submit an exemption plat within 180 days of approval of theExemption from Subdivision Regulations compliant with State Statuie and CountyRegulations. No transfer of the property or issuance of building permits ,ry o""r1.until such time as the Board of County Commissioners appr-ores and signs theexemption plat, and the plat is recorded with the County Clerk'and Recorder. 3. The Applicant shall submit all easement documents (ROW and utility), as well as aletter of acceptance from the entity accepting such easement, prior to thescheduling the plat for Bocc signature. These include: a. The dedication of a right-of-way easement over the existing County Roadencompassing an area of 30 feet from each side of the centelline, along thelength of the parcel. b. ROW dedications to the City of Rifle.c. Any necessary utility easements including the water distribution system toserve the two new lots and the remainder parcel. 4. The signed mylar shall be submitted at least one week prior to scheduling the platfor signature by the Board of County Commissioners. Adequate recording feesshall accompany the mylar. 5. The.property is located in School District RE-2 therefore the Applicant shall berequired to pay $200 for one additional parcel. This fee shall be paid at or prior tothe Board of county commissioners signing the exemption plat. 10 Reid Major Exemption Administrative Review April g, 2010 - Revised November ZZ,2O1O 6. Prior to the Board of County Commissioners signing of the plat the Applicant shallprovide the following information regarding adequacy of the water supply: a. A minimu^ 2! hour pump test shall be performed on the well(s) to be used.The results of the pump test shall be analyzed and summarized in a reportincluding basic well data (size, depth, static water level, aquifer, 6t".ypumping rate, draw down, recharge and estimated long term yield. The report shall be prepared by a qualified engineer of ground water hydrologist and include an opinion that the well will be adequate to supply water foriheproposed uses. The report shall also address the impacts io ground water resources in the area. b. Water use assumptions shall include an average of no less than 3.5 people per dwelling., using 100 gallons of water per person per day, plus and irrigation and livestock watering uses. c. lf the well is shared, a legal well-sharing declaration addressing all easementsand costs associated with operation and maintenance of thl system and identifying the person responsible for paying costs and how assessment will be made for those costs. d. At a minimum, the water quality of the well shall be tested by an independent testing laboratory for the basic Colorado Primary Drinking Water Standards for inorganic chemicals (heavy metals, nitrate, sulfate and aibestos), bacteria andradioactivity. The results should show that the applicable standards are met orotherwise identify a treatment system to meet the standards. Testing for theSecondary Drinking Standards (taste, odor, color, staining, scaling, c-orrosion, etc.) is recommended.. The Director Determination will be fonuarded to the Board of County Commissioners for aperiod of 14 days so that they may determine whether or not to cali up the application forpublic hearing.