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HomeMy WebLinkAbout2.0 Staff Report BOCC09.03.96b/ ;(d PROJECT INFORMATION AND STAFF COMMENTS BOCC 9/3/96 REOUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: An exemption from the definition of subdivision. Ross M. & Rebecca Talbott A tract of land located in Section 30, T65, R94W and Section 25 T65, R95W of the 6th P M ; located at 0306 County Road 323, Rulison. 4l .8 I Acres Individualwells Individual Sewage Disposal Systems (ISDS) Direct access from CR 323, easements A/fuR.D A/R/RD RELATIONSHIP TO THE COMPRETIENSIVE PLAN The subject tract is located within District B - Minor Environmental Constraints and District F - Floodplain/Severe Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981). II. DESCRIPTION OF TTIE PROPOSAL A. Site Description: The 41.81 acre tract lies within the alluvial stream channel of the Colorado River, south of Interstate 70, east of CR 323 in Rulison. The tract slopes gently from south to north and the northern portion of the property is within the 100- year floodplain of the fuver. There is an existing single-family dwelling and a few agricultural buildings on the tract. See vicinity map. page h l4t /" 'l' ITI. B. Adjacent Land Uses: The area is largely agricultural with single family dwellings located on generally large lots. C. Proposal: The applicants are requesting to subdivide, by exemption, the 41.81 acre tract into three (3) parcels of 10.0, ll.8 and 18 acres each, more or less. The existing home and other structures would be located on the l8 acre tract and staff would presume the other lots would be developed as single family homesites. See sketch map, page 7 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 (1) 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 (ffice on January l, I973, antl is not a part of a recorded yfidivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal higlnvay, (-ounry^ road or railroad) or nahrral feature, preventing joirtt use of the proposed tracts, and the division occurs along the public rightof-way or natural feahtre, xtch parcels thereby created ma1,, in the discretiort of the Board, not be con.sidered to have been created by exemptiortwith regarrl to thefour Q) lot, parcel, intere.st or dwelling unit lim itation otherwise applicab le : " C The petition contains a deed from 1965 demonstrating the tract existed prior to January 1.1913, as a 31.81 acre tract and, in 1995, approximately l0 acres were quit claimed to the apqlicants from the previous owner. at the tirae of.purchase. See 1965 deed. pug. -X- and quit claim deed. pages q'l'l It is staffs interpretation that the 31.81 acre tract does qualifl, for an exemption. as it existed prior to January I, 1973, and the Planning Department received the application prior to the recent changes. The inclusion of the quit claimed land would; however. alter the January l. 1973. description of the property Staffhas discussed the history of the quit claimed portion of property, which appears to have always been a portion of the tract; however. for mortgage purposes. was not included on earlier deeds. A survey map produced in conjunction with the Eshe deed indicates the tract consisted of 4 I .8 I acres; however the date of this map is uncertain but thought to be circa 1973. Zoning: The subject tract exists within the A,/R/R/D zone district and all proposed lots are in excess of the two (2.0) acre minimum lot size. The northern portion of the tract is within the 100-year floodplain of the Colorado fuver, as shown on the map attached on page I L It appears the limit of the floodplain is confined to the riparian zone of the-river and should not be a significant impediment to development Water Suppl)2. The applicants are proposing individual wells for the three lots. The existing home is served by a well, Permit No. 63623, and the wells for the proposed new lots are the subject of recently approved West Divide Water Conservancy District B A-L' contracts. See Permit and Contracts, pages l? - I g. Included with the contracts is a letter from West Divide dated Juiy 1q,766 @^g* I l- t ? \. that has been the subject of some concern by staff In summary, the letter stafes that the District "cannot guarantee" that water will be available under the contracts, however, the District will continue to be diligent in assuring the availability of water. Staff has discussed this language with a representative of the Division of Water Resources who has indicated that, as long as the tract is within the District's Area A" as in this case, then well permits would likely be issued. Staffrecommends that no final approval be given by the Board without the issuance of well permits, by the Division of Water Resources. The existing well was drilled in 1972 and found to produce 15 gpm in a three hour pump test. See pump test information, page ,1|9 This information indicates ihat-the proposed lots would likely alsl f;t-ut-physical water supply. Staff recommends, prior to final approval, the new wells be drilled and pump tested consistent with the new regulations as further explained in the Recommendation section of this report. D. Sewer/Soils: The proposed method of waste water treatment for the new lots is the use of ISD systems. The existing home is served by an existing ISD system that, accordlngto thepercolation test. perked at l6 minutes per inch. See perc test. page I q" Aicording to the Soil Conservation Service. the soil on-site is pr.fiffi"*tly a Potts loam, characteristically a deep, well-drained soil. Constraints to building site development are considered to be slight and constraints to the use of ISD systems are considered to be moderate. E F Access: The existing dwelling is served by a gravel driveway that intersects with CR 323 and the proposed lots would be served by a shared drive that accesses CR 323, approximately 150 feet north of the existing drive. Staffwould recommend that the applicants consult with Road and Bridge and acquire a driveway permit for the new access, prior to authorization of a final plat. Fire Protection. The Grand Valley Fire Protection District has responded, essentially indicating its approval of the request, subject to two (2) conditions. The first condition requires the development of the access easement to Parcel 3 and the second requires a fire break between buildings and native, non-irrigated pinyon-juniper trees. See letter. pug" LO Staffagrees with these provisions; however, given the nature of the exemption process, it is difficult to ensure these requirements are completed unless they are constructed prior to final approval. At a minimum. staff recommends these provisions be made plat notes. Additionally, staffrecommends the inclusion of a plat note to address wildfire mitigation. Easements: All required easements for access, utilities, water supply, etc.,will be required to be shown on an exemption plat. G -3' v. H. School Impact Fees: The applicant will be required to pay the $200 school impact fee, per lot ($400.00 total), for each lot created by this proposal. Potential Road Impact Fees. Upon adoption of a road impact fee by the County, the lots created by this exemption will be subject to paying that fee, paid at time of building permit application, paid by the building permit applicant. This provision shall be included as a plat note. ry.SUGGESTED 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. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience. order, prosperitv and welfare of the citizens of Garfield County. RECOMMENDATION Staffrecommends APPROVAL of the application, pursuant to the following conditions 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. J- A Final Exemption Plat shall be submitted, indicating the le-ual description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage. irrigation. access or utilities. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The 'Board may grant extensions ofup to one (l) year from the original date ofapproval. 4 That the applicant shall submit $200.00, per lot, ($400.00 total) in School Impact Fees for the creation of all exemption parcels. 5. That the following plat notes be included. "The 30 foot access easement shall be developed to a minimum width of 16 feet with an adequate area for fire trucks to turn around. These improvements shall be approved by the Grand Valley Fire Protection District prior to the issuance of a Certificate of Occupancy for Parcel 3 " 8 "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade. Additionally, a fire break of at least 60 feet shall be provided between buildings and native, non-irrigated, pinyon-juniper trees. " "fJpon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "The individual lot owners shallbe responsible forthe control of noxious weeds." That, prior to the authorization of an exemption plat, the applicants receive an approved driveway permit for the proposed access. from the Garfield County Road and Bridge Department. That all well permits be issued by the State Engineer's Ofiice. prior to the authorization of an exemption plat and a water sharing declaration be recorded. That both wells be drilled a pump-tested for four (4) hours with the results presented to the Planning Department along with a statement by the individual conducting the pump test that the well(s) is capable of supplying the intended uses. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of a Final Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. That the exemption plat submittal include a copy of a computer disk of the plat data. formatted for use on the County Assessor's CAD system. ,4 I 6uf n-/€ *.n^ vf7o,./ //-.t f 5*t +ct / rer'rr, S { fi-,-t)rNd 6;'€uo(e r {iar A'ci c**-ottr6.-{ o.,,Tg/o{ 06 77'/6 €c^"q(*o'* '6 -!1){ Co,'4-a4'Q) 4 . - c rt- At-o fi'tc A'rl*cLN4 H1a'"t>ea- Lzt"2r lvr As svlav-p or'> 77-t6 €sw6- LrGe Ds-t+'tt Pbq' l0 1/ tuffil,, -.?.