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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.07.1998• • BOCC 12/7/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Larry Spaulding LOCATION: A tract of land located in portions of Section 34, T5S, R92W of the 6th P.M.; Located approximately 3 1/2 miles north west of Silt SITE DATA: 40 Acres WATER: Well SEWER: ISDS ACCESS: Private Access Easement to CR 260 EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the exempted lots is located in District C- Rural Area Moderate Environmental Constraints as designated by the 1984 Garfield County Comprehensive Plan Management District Map. H. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is located on Silt Mesa and is characterized by gently sloping farmlands. (See location map pg. ) B. Project Description: The parent tract of land to be subdivided consists of 40 acres The current proposal indicates the creation of four (4) exemption parcels of ten (10), ten (10), fifteen (15) and four (4) acres. (See proposed map pg. ) Lot 1 has an • • existing ISDS, all other lots are proposed to utilize ISDS. Access is off CR road 260 with all lots accessed via a private easement located across the northern portion of the existing parcel. III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 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, 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 (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;" The applicant has provided research indicating that the parent tract has existed in its current size prior to January 1, 1973. (See Deed pg. ) B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. C. Legal Access: Legal access will be provided by a private access easement running east -west across the northern portion of the property. D. Water and Sewer: The applicant is proposing to provide a well sharing agreement for Lots 2, 3 and 4 with Lot 1 obtaining an in-house use domestic well. (See Well Permit pg. ) The new well should be required to meet the following standards prior to the recordation of a subdivision exemption plat: 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 lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. • • E. Sewer: Lot 1 has an Individual Sewage Disposal System that is functioning presently. The remaining lots have adequate area for an ISDS. F State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Department of Health ISDS setback standards, which should be verified by an engineer, as suggested by the previous plat note. G. Drainage: The parcels to be created by exemption, slope generally to the south and east. All foundations and site work for the future placement of homes should be designed to provide positive on site drainage and to minimize water pooling. H. Fire Protection: The applicant has included a letter from the Burning Mounttain Fire Protection District, who noted that the property is in the district and can be served. They reserve the right to comment on any future development proposals.(See letter Pg. ) I. Easements: A thirty foot utility, access and ditch ROW easement exist on the north end of the property. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. J. School Impact Fees: The applicant will be required to pay the $200.00 school site acquisition fee for each newly created lot, prior to the approval of the final plat. H. Mineral Rights: The applicant owns '/2 interest in mineral rights with the remaining 1/2 belonging to the Turners, previous property owners. At this time all mineral rights are unleased. IV. SUGGESTED FINDINGS 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 is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. • • V. RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 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 the property, dimension and area of the proposed lot, 25 ft. wide access to a public right- of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 4. That the applicant shall submit $200.00 in School Site Acquisition Fees for the creation of the exemption parcel. 5. That the following plat note shall appear on the Final Exemption Plat: "Control of noxious weeds is the responsibility of the property owner." "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owners property boundaries." "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". "All exterior lighting be the minimum amount necessary and that all exterior lighting 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". "Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued." 6. Prior to the approval of an exemption plat, the applicant will demonstrate that the well for Lot 1 will meet 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 lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. __—� So&Ar.D' 7) If the well is to be shared, a water sharing agreement will be filed of"i,o with the exemption plat that defines the rights of the property owners to water from the well 7. That the applicant, and any future property owners of said property agree to, as a condition of future continued approval of the special use permit, that if, in the future event that the property described by this special use permit, has the reasonable ability to connect with any municipal or centralized water and/or sewer system, the subject property owners shall be required to connect to said service and remove any existing well head(s) and individual sewage disposal systems(s) which may be located on said property, within one year of the effective date of service availability." 8. That prior to final recordation of the subdivision exemption plat, the applicant obtain approval of a well permit and a West Divide water allotment contract. 9. That the applicant provide a well sharing agreement for lots 2, 3 ans 4.