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HomeMy WebLinkAbout2.0 Staff ReportRequest' Applicant 1 ncation• • • Project Information and Staff Comments An exemption from the definition of subdivision C. Franklin Ryden All that part of the SE1/4NW1/4 of Section 34, Township 5 South, Range 92 West of the 6th P.M., situate South of the line fence as now constructed and in use running East and West Site Data. Approximately 80 acres Water. Lots 1 & 2 share a well, Lots 3 & 4 share a well. Sewer. ISDS Access. Access to Lots 1 and 2 via County Road 233, no access easement shown on map to Lots 3 & 4a Existing/Adjacent Zoning. A/R/RD I RELATIONSHIP TO THE COMPREHENSIVE PIAN This area lies in District C - Rural Areas/Minor Environmental Constraints on the 1984 Garfield County Comprehensive Management Districts map. Staff finds that this proposal is in general conformance with the comprehensive plan. II DESCRIPTION OF THE PROPOSAL A. Site description. The property is located generally north of County Road 233 between but not adjacent to County Roads 280 and 268. The area is agricultural, with a number of rural residential sites in the area. B. Description of the Proposal- The applicant is proposing to split an 80 acre tract into four (4) 20 acre parcels. Lots 1 and 2 will share a well and Lots 3 and 4 will share a well. Each lot will have an individual sewage disposal system. Access will be off of CR 233 for Lots 1 and 2, with an access easement for Lots 3 and 4 off of CR 233. 1 • a III. MAJOR ISSUES AND CONCERNS C. Subdivision RegiilatinnR: Section 8:10 allows the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Section3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat the stated purpose of the subdivision regulations nor be detrimental to the general public welfare. Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total of four 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, and is 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) or natural feature, preventing joint use of the proposed tracts and the division occurs along the public right-of-way or natural feature, 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 lot, parcel, interest or dwelling unit limitation otherwise applicable:: The applicant has provided proof of ownership in the form of a Warranty Deed to the applicant dated December 17, 1976. The preceding deed was the applicant's father and mother and was recorded in the Clerk and recorders records in Book 207, Page 48, reception No. 145796 on 1/20/42. The parcel is 80 acres there is no evidence that it has been subdivided since 1973. Therefore, it has been determined that the applicant may be qualified for exemption which may result in four or fewer lots (the three proposed lots and the remainder parcel) No further subdivision by exemption will be allowed on the entire 80 acres if this exemption is approved. A. Levi access: Access to lots 1 & 2 will be provided via County Road 233. No access is show to Lots 3 & 4. The applicant will need to legally describe an access easement to Lots 3 and 4, off of CR 233. on an exemption plat. Staff recommends that the easement be along a common line between Lots 1 and 2. B. Water & Sewer: Water shall be provided by two wells, Lots 1 & 2 sharing one well and Lots 3 & 4 sharing the second well. Proposed well sharing agreements and CC&R's are submitted along with well test results and a well permit application. The well permit application has not been approved at the time of the staff report being written, but will have to be submitted prior to the Board authorizing the Chairman to sign an exemption plat. The well permits subject to approval will be exempt well permits on 35 acre tracts, to serve up to three (3) single family dwellings. The proposed well sharing agreements 2 • • allow each lot one-half of the water for each lot. The proposed covenants allow each lot to have a guest house, provided they meet the appropriate governmental regulations. The proposed well sharing agreement and CC&R's conflict with each other, since neither lot has the right to additional dwelling allowed on each well. Additionally, the CC&R's should identify the "guest house", as an "accessory dwelling". An accessory dwelling can be up to 1500 sq. ft. in size, where a guest house can only be 1000 sq. ft in size. Additionally, an accessory dwelling can be used as a guest house or a rental unit, giving a property owner more flexibility. If the intent is to allow the lots to have an accessory dwelling, the well sharing agreement and CC&R's will need to be clarified. A sewer disposal method is not proposed in the application, but it is assumed that ISDS will be used, since there are no central sewage treatment facilities in the area. The soils information included in the application indicate that there are severe limitations for ISDS due to slow percolation rates and in some cases slope. A plat note would be appropriate indicating that engineered ISDS may be required due to soils limitations for ISDS. D. Geningjc and Hydrnlogjc Conditions: The soils in this area are mostly loamy types found on alluvial fans, high terraces and valley sides. In addition to the previously noted ISDS limitation, the soils also are categorized as having severe limitations for buildings, due to shrink -swell potential. Another plat note indicating that engineered foundations are recommended due to potential severe soils limitations. E. Fire Protection: The Rifle Fire District provides service to this area based on the current use of the land. Further development has to be approved by the district according to an undated letter submitted by the District. F. Easement: Proposed locations for easements for water, irrigation and electric are shown on the proposed Subdivision Exemption Plat. G. ,School Impact Fees: The applicant is required to pay the $200 school site acquisition fee for each newly created lot prior to the approval of the final plat. IV. ,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 3. That for the above stated and other reasons, the proposed exemption can be 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 Resolution of 1984 a.a. Section 8:00, Exemption. RECOMMENDATION APPROVAL of this application 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. A Final Exemption Plat shall be submitted, indicating the legal description of each of the lots, dimension and area of the proposed lots, 25 ft. wide accesses to a public right-of-way, and any proposed easements for setbacks drai ''`, v2„ 4, irrigation access or utilities; Cu/-a(,c <S' 'vet // 4.1-111,, �Q/ g -x../ 3. That the applicant shall have 120 days to present a plat to the Commissioners 04-1P.4 / for signature from the date of approval of the exemption; 4. That the applicant shall submit $600 in School Site acquisition Fees for the creation of the exemption parcels prior to approval of the exemption plat; 5. Prior to approval an exemption plat by the Board of County Commissioners, the applicant will submit copies of approved well permits for both lots. That the either the well sharing agreement and covenants be amended to allow for one of the lots to have the right to the additional dwelling or the covenants need to be amended to eliminate the provisions for an additional dwelling prior to the signing of an exemption plat. 6. The applicant shall obtain the necessary driveway permits prior to issuance of any building permits. 7. That the following plat notes shall appear on the Final Exemption Plat: "One dog will be allowed for each residential unit and the dog shall be required to be confined within the owners property boundaries." "No open heath solid -fuel fireplaces will be allowed anywhere within an exemption. One new solid -fuel burning stove as defined by CRS 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling until. All dwelling units will be allowed an unrestricted number of 4 • • natural gas burning stoves and appliances." "All exterior lighting will be minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." "No further divisions by exemption from the definition of Subdivision will be allowed." "Colorado is a "Right -to -Farm' State pursuant to CRS 35-3-101, et seq. Landowners, resident 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, herbicid4e and pesticides, any on or more of which may naturally occur as a part of a legal and non -negligent agricultural operation." "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fenc4es 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 of such information is "A guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." "Due to severe soils limitations on portions of the property, engineered foundations and individual sewage disposal systems may be necessary for building permit applications." z-Dzi zA7-/ 5