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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.01.2005Exhibits for Rippy Exemption 08/01/05 Exhibit Letter (A to Z) Exhibit A Proof of Mail Receipts and Posting B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000, as amended F Garfield County Subdivision Regulations of 1984, as amended F Staff Memorandum G Application Materials H Letter from Glen Porzak dated July 7, 2005 BOCC 08/01/05 MB PROJECT INFORMATION AND STAFF COMMENTS REQUEST Exemption from the Definition of Subdivision OWNER (APPLICANT) Dow and Katharine Rippy PROPERTY LOCATION 10339 and 10441 CR 311, South of Silt S11'E DATA 143.9 acres WATER Well SEWER ISDS ACCESS CR 311 EXISTING ZONING ARRD I. THE PROPOSAL The Applicants requests that the Board approve the splitting of their 143.9 acre ranch into three (3) tracts of approximately 123.9, 10 and 10 acres each. The 10 acre tracts would have the existing ranch houses on them, the larger parcel would has no dwellings on it. Each of the smaller tracts has an existing ISDS and wells. Staff notes that the application form notes 124.41 acres as the total ranch acreage, but the attached map shows the 143.9 acres. The 143.9 acre ranch is the correct acreage. II. PROPERTY DESCRIPTION The Applicant owns a 143.9 acre ranch, generally located south of Silt, in the West Divide Creek drainage. West Divide Creek runs south to north through the property on eastern quarter of the ranch. Vegetation along the creek bottom includes some large cottonwood trees, other riparian vegetation and grasses. The larger portion of the ranch sits approximately 50 ft. higher on a bench above the creek bottom. This area is used as pasture for the applicant's cattle operation. There are two houses located along the creek bottom lands, between the road and the creek. III. GENERAL COMPLIANCE WITH THE COMPREHENSIVE PLAN The property is located in Study Area 3. The area is designated as "outlying residential" which assumes a development density of the underlying zone district of a minimum of 2 acres or more per dwelling unit. The proposed residential / agricultural use and density are consistent with the provisions of the Comprehensive Plan. IV. OTHER COMMENTS A. Citizen Comments Glen Porzak, attorney on behalf of G. Wyndham and Sally Hannaway, stated they have no objections to the exemption, provided that the 104.41 acre tract will not be further subdivided. They feel any further splitting of the property, even via 35 acre exempt lots circumvents the requirements for an approved water augmentation plan for a new subdivision. Staff notes that the creation of 35 acre tracts after an exemption has been approved, has never been prohibited. The qualifications for Subdivision Exemption per Section 8:00 of the Subdivision Regulations do preclude someone from requesting less than 35 acre parcels, if the property has previously been split into 4 or more 35 acre tracts. Under present Colorado water law, a 35 acre tract of land qualifies for an exempt domestic well for use in a maximum of three (3) dwellings, without an approved augmentation plan. V. STAFF COMMENTS A. Exemption Qualification Regulations Section 8:52 (A) 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 35 acres in size at that time and not 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 35 acres or greater in size, created after January 1, 19 73, will count as parcels of land created by exemption since January 1, 19 73; Staff Finding As it is presently configured, the property qualifies for two (2) more splits by way of the traditional exemption process. The original 196.2 acre tract was reduced in size by the sale of a 71.79 ac. parcel. The remaining 124.2 ac. tract qualifies for the two exemptions requested. B. Garfield County Zoning Requirements No property shall be created such that it conflicts with the underlying zoning regulations of Garfield County. 2 Staff Finding The property is zoned A/R/RD which requires a minimum lot size of 2 acres. The proposed lots will not exceed this minimum standard as the lots to be created are 10.0, 10.0 and 123.9 acres each.. Staff finds these lot sizes are consistent with the underlying zoning. The property is presently used for agricultural purposes (cattle grazing) and is proposed to also be used for residential use which are uses by right in this zone district. All uses and dimensional requirements shall comply with the uses and dimensional requirements required in the A/R/RD zone district as the properties develop. C. Legal and Physical Access Section 8:52 C states: "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 Finding Both newly created lots have direct access to CR 311. Presently there are driveways onto Lot 1 and a driveway has been installed providing access to Lot 2. Lot 3 does not have access shown to it. Presently, a road goes through Lot 2, that goes up to Lot 3. It will be necessary to have an access easement shown on the exemption plat, providing legal access to Lot 3 from County Road 311. D. Water Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: 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 Finding Included in the application are two well permits that are serving the existing residential structures on Lots 1 and 2. Permit No. 158487, which serves Lot 1, produces 15 gpm for ordinary household use inside 1 single family dwelling, fire protection, watering of domestic animals, poultry and livestock on a farm or ranch and irrigation of not more than 0.5 acre of home gardens and lawns. Permit No. 158926, which serves Lot 2, has the same restrictions. Lot 3, which is over 100 acres in size does not have a well permit at this time. Under existing State water law, the tract qualifies for an exempt domestic well permit for a tract of land greater than 35 acres in size. At this time the applicants have no intention of placing a dwelling on the property. The applicant has met the requirements for domestic water. E. Sewer The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: Provision has been made for a suitable type of sewage disposal to serve each proposed lot. 3 Staff Finding The existing houses on Lots 1 and 2 have approved ISDS in place. The proposed Lot 3, which does not have any residential structures on it would utilize an ISDS to handle wastewater generated on the lot for any residential use established on it. F. All state and local environmental health and safety requirements have been met or are in the process of being met Staff Finding No State or Local health requirements are applicable to the application with the exception of Colorado Department of Health ISDS setback standards. The Applicant will be responsible for meeting the required standards and criteria for the location of the wells relative to the placement of the ISDS systems. G. Soils The property contains soils called Potts Loam and Torrifluvents, which indicate the property may have moderate constraints to for community development and septic tank/leach fields. Staff Finding Moderate constraints are not significant enough to justify specific construction or ISDS engineering requirements. Staff does not propose to require any plat notes regarding these issues. H. Fire Protection The property is located in the Burning Mountains Fire Protection District. Brit McLin, District Fire Chief, reviewed the proposal and provided a letter regarding fire protection which notes that there are no concerns, given these are existing structures. VI. STAFF 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, 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 the Garfield County Subdivision 4 Resolution of 1984 as amended, Section 8:00, Exemption. VII. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE this application for a subdivision exemption with the following conditions: 1. That all representations of the Applicant, 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 be required to provide a 25 ft. wide access easement from County Road 3,11/ to Lot 3, to be defined and depicted on the plat — &/ p- &e p/M i, . ,10 • 3. The applicant shall have 120 days from the date of this approval, to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. That the following plat notes shall appear on the Final Plat: C e; de / x°45414 a. No further divisions by Exemption from the rules of(Subdivisioi will be allowed. b. 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. 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. c. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. -by—a 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. 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 and maintaining property. Residents and landowners are encouraged to learn about these rights and 5 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. One (1) dog will be allowed for each new residential unit within the subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. Glenn E. Porzak Michael F. Browning Steven J. Bushong P. Fritz Holleman Kristin Howse Moseley Kevin J. Kinnear Porzak Browning & Bushong �.LP Attorneys • at • Law 929 Pearl Street, Suite 300 • Boulder, CO 80302 303 443-6800 • Fax 303 443-6864 July 7, 2005 Mr. Mark Bean Building & Planning Department County of Garfield 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Dear Mr. Bean: JUL 1 8 2005 SABU!pp : 1'• t.., f.. EXHIBIT H Lawrence J. MacDonnell Of Counsel Vail Office: 846 Forest Road Vail, CO 81657 970-477-5419 Tel. 970-477-5429 Fax. Reference is made to the application of Dow and Katharine Rippy for approval of a subdivision exemption in connection with a 124.41 acre tract located approximately 7 miles southeast of Silt on CR 311. We are writing on behalf of G. Wyndham and Sally Hannaway who own property adjacent to the Rippy parcel. The Hannaways are not opposed to this requested subdivision exemption provided that any approval be conditional upon the placement of a permanent covenant on the requested 104.41 acre parcel that it not be further subdivided. Without such a covenant, the 104.41 acre parcel could be subdivided at any time into 2 tracts of 35 acres or more, and the net effect of the subdivision exemption would be the creation of 4 lots. This is one more lot than allowed under the subdivision regulations for a 124.41 acre tract. Moreover, it would illegally circumvent the requirements for an approved water augmentation plan for a new subdivision whose combined effect is the creation of more parcels than would be permitted under a 1 per 35 acre formula. Sincerel Glenn E. Porz cc: G. Wyndham Hannaway fd9180