HomeMy WebLinkAbout3.0 BOCC Staff Report 05.14.2007Exhibits for Public Hearing held on May 14, 2007
Exhibit Letter
(A to Z)
Exhibit
A
Mail Receipts
B
Proof of Publication
C
Garfield County Zoning Regulations of 1978, as amended
D
Garfield County Subdivision Regulations of 1984, as amended
E
Application materials
F
Staff Memorandum
G
Memo from Brit McLin of the Burning Mountain Fire Protection District, dated
3-29-2005
H
Memo from Jake Mall of the Garfield County Road and Bridge department, dated
4-17-2007
I
Email from Jim Sears of the Garfield County Sheriff's Office, dated 4-24-2007
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BOCC 05/14/07
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST Rural Lands Development Option (Exemption)
OWNER (APPLICANT) West Divide Ranch LLC
REPRESENTATIVE Dow Rippy
PROPERTY LOCATION Generally located approximately 15 miles
south of the Town of Silt and described as
11084 County Road 311
Sl'1E DATA Approximately 101 acres
WA'I'ER Individual Well
WASTE WATER ISDS
ACCESS County Road 311
EXISTING ZONING A/R/RD
SURROUNDING ZONING A/R/RD
I. DESCRIPTION OF THE PROPOSAL
The Applicant requests an Exemption from the Definition of Subdivision from the Board of County
Commissioners to approve an application for a Rural Lands Development Exemption Option (RLDO).
The proposed RLDO consists of creating one (1), 2.12 acre parcel from the existing 100.22 acre
property. The remaining 98.1 acre parcel has been placed in a Conservation Easement with the Aspen
Valley Land Trust.
There is currently one manufactured home (see photo on page 4) on the proposed 2.12 acre parcel
while there are no structures currently on the 98.1 acre parcel. Per the Aspen Valley Land Trust's
request, the Applicant has delineated a 1.432 acre building envelope on the 98.1 acre protected parcel
to permit one new structure on the property in the future (see Development Proposal on Page 3). The
proposed plan intends to preserve almost 98% of the current 100.22 acre property in a Conservation
Easement with the Aspen Valley Land Trust.
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Development Proposal
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Existing Home on 2.12 Acre Parcel (Parcel A)
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II. SITE DESCRIPTION
The 100.22 -acre property is located approximately 15 miles south of the Town of Silt on County Road
311. The Aspen Valley Land Trust has identified the property has containing "important wildlife
habitat in a natural condition that provides good forage, cover. and seclusion for American elk and
mule deer in pinyon juniper woodlands and sage meadows during all seasons. The property also
provides habitat for mountain lion and black bear, and provides habitat connectivity for these wide-
ranging species."
Conservation Parcel and Proposed Access Drive to Internal Building Envelope as seen from
County Road 311 (Parcel B)
III. REFERRAL COMMENTS
Staff referred the application to the following agencies / County Departments for their review and
comment. Comments received are attached as exhibits and incorporated into the memorandum where
applicable:
a) Mesa County Planning Department: No Comments Received
b) Burning Mountain Fire District: Provided comments (Exhibit G).
c) Garfield County Road and Bridge Department: Provided comments (Exhibit H).
d) Garfield County Sheriff: Provided comments (Exhibit I).
IV. AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
The RLDO is another form of an exemption from the definition of subdivision recently adopted by the
Board in 2000 and amended in 2002. The Board has the authority, pursuant to Section 8:71 of the
Subdivision Regulations of 1984 and 30-28-101(10)(X) C.R.S. to exempt properties that qualify from
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the definition of subdivision using the Rural Lands Development Option also described as the Rural
Land Use Process defined in 30-28-402 C.R.S.
V. STAFF COMMENTS
Section 8:82(A) of the Subdivision Regulations contains the review criteria for a RLDO application.
Additionally, the provisions of Sections 8.50 and 8.60 (the "regular" Exemption) of these regulations
shall apply to the review of applications for approval of exemptions from the definition of subdivision
under the provisions of the RLDO except as modified by Section 8:81(B) of these regulations. The
following section contains an analysis of the Development with the required review standards for a
RLDO.
A. Eligibility
Lots may be created via the Rural Lands Development Option from any eligible parcel, as that
parcel was described in the Records of the Garfield County Clerk and Recorder's Office on
October 16, 2000 except where land was added to a previously eligible parcel, in which case,
changes to the legal description reflecting the added land may have occurred at any time without
jeopardizing the eligibility of the property. In the case where lands are added to an existing
property the existing parcel must have been at least 70 acres in size prior to the lands being added
and must have otherwise been eligible for development under the Garfield County's Subdivision
Regulations and Zoning Code. Owners of property otherwise eligible for the Rural Lands
Development Exemption Option may also seek approval of an application for exemption from the
definition of subdivision to the extent allowed in Section 8:52 (A) of these regulations.
Application for the 8:52 (A) of exemption may be processed either concurrently or separately
from the application for the Rural Lands Development Exemption Option.
Staff Finding
The application contains a Special Warranty Deed dated May 16th, 2005. However, for the
purposes of this Exemption, the property must have been as it existed on October 16, 2000. Staff
has found no evidence that the property has changed configuration since October 16, 2000.
Therefore, the property is eligible to be reviewed under the Rural Land Development Exemption.
B. Number of Eligible Lots
The number of lots that may be created by the Rural Lands Development Exemption Option, in
addition to the Remainder Parcel, shall be one (1) lot for every thirty-five (35) acres contained in
the eligible property plus one (1) lot for every one hundred (100) acres contained in the eligible
property plus one (1) additional lot. A maximum of forty-two (42) lots and the Remainder Parcel
may be created under the provisions of the Rural Lands Development Exemption Option;
including lots that may be or have been approved by exemption from the definition of subdivision
more specifically described Section 8.52 A. of these Regulations.
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Staff Finding
The subject property contains approximately 100 acres. The Applicant is not proposing to create
any lots using the traditional exemption process. Therefore, in addition to the remainder lot, the
Applicant is eligible for 4 new lots as a result of the following calculation:
➢ 1 Lot for each 35 acre lot that could have been created: 2 lots
1 Lot for every 100 acres in parent property: 1 lot
y 1 lot for going through the process: 1 lot
Total Eligible Lots 4 Lots (In addition to Remainder Parcel)
Proposed Lots 1 Lot (In addition to Remainder Parcel)
C. Adequate legal and physical water supply
Staff Finding
The proposal intends to provide domestic potable water from individual wells for both parcels
created. The Applicant has provided two well permits (nos. 272715 issued 2-20-2007 and 229602
issued 10-20-2000). Both wells are legally able to serve 3 dwelling units (up to 15 gpm) a piece
and each with 1 acre of irrigated lawn and garden. Well 229602 is currently in use serving the
existing home on proposed Parcel A. A two hour pump test was conducted on this well in 1999 at
which point the well demonstrated it was capable of 7 gallons per minute. A pump test will need
to be conducted on well 272715 prior to obtaining a building permit for any future homes on
proposed Parcel B.
D. The maximum road grade shall be 12 percent.
Staff Finding
Both of the proposed parcels have direct access to County Road 311. No public or private
roadways are proposed.
E. Roads providing access to ten (10) or more lots must be constructed in accordance with the
specifications for subdivisions as prescribed in Section 9:35 of these Regulations.
Staff Finding
Both of the proposed parcels have direct access to County Road 311. No public or private
roadways are proposed.
F. Any road which is the only access to a residential lot(s) and whose length is in excess of one
thousand (1.000) feet shall be provided with appropriate emergency pullouts. the location of
which must be approved by the Garfield County Engineer prior to construction.
Staff Finding
Both of the proposed parcels have direct access to County Road 311. No public or private
roadways are proposed. The driveway to the proposed building envelope is approximately 800
feet in length.
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G. All buildings shall be located a minimum of thirty (30) feet from the highwater mark of all
perennial streams or outside of the designated floodplain, whichever is the greater distance.
Staff Finding
There are no water bodies designated / mapped within the approximately 100 acre property.
H. No habitable building may be constructed within any known geologic or wildfire or other
natural hazard area without appropriate mitigation of the natural hazard.
Staff Finding
Garfield County has no identified hazard areas within the original 100 acre property or
surrounding vicinity. According to Garfield County analysis maps, the wildfire danger is
identified as being low within the development area.
I. All buildings to be constructed on the property shall adhere to the National Fire Protection
Agency wildfire protection mitigation guidelines.
Staff Finding
According to Garfield County analysis maps, the wildfire danger is identified as being low within
the development area. However, per the Subdivision regulations, the applicant will be required to
adhere to the National Fire Protection Agency wildfire protection mitigation guidelines.
J. All property shall be maintained in a manner that prevents the proliferation of noxious weeds
on the property or to adjacent property.
Staff Finding
The Aspen Valley Land Trust has identified the property as being in a natural state with exception
to the 2.12 acre parcel to be split from the parent property. The Applicant has submitted a weed
management pan, conducted in September 2006. The plan recognizes Hounds Tongue, Thistle,
and Burdock primarily in drainages, ditches and trails. The plan anticipates the use of herbicides
and mechanical methods of control for the identified species.
K. All Garfield County zoning requirements will be met
Staff Finding
The property is zoned Agricultural/ Residential/ Rural Density (A/R/RD) which allows for
residential development as a use by right. As proposed, the lots comply with the minimum lot
size. All proposed uses shall comply with the uses set forth in this zoning and all structures shall
comply with the dimensional requirements stated therein.
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L. Wastewater
Staff Finding
The application proposes that wastewater for the 2 lots will be handled by Individual Sewage
Disposal Systems (ISDS). The soils are generally described as Torrifluvents, Nearly Level and
Torriorthents-Camborthids-Rock Outcrop Complex, Steep. These soils are generally described as
varying between well -drained and clayey and loamy. Due to the large variation in potential
percolation, Staff suggests that any new ISDS 's be designed by a Colorado certified engineer.
M. All state and local environmental health and safety requirements have been met or are in the
process of being met
Staff Finding
Colorado Department of Public Health & Environment ISDS standards require the County to issue
an ISDS permit for all such systems installed in the County. The future owners will be required to
obtain the necessary ISDS permits from the county at the time building permits are obtained.
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 Resolution
of 1984 a.a. Section 8:00, Exemption.
5. That the application has met the requirements of the Garfield County Zoning Resolution of
1978, as amended
VII. STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners approve the application for the West Divide
Ranch Rural Lands Development 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.
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2. That the applicant shall have 120 days to present a plat to the Commissioners for signature
from the date of conditional approval.
3. Unless it has already been deeded, a 30 -foot right-of-way easement from the centerline of
County Road 311 shall be deeded to Garfield County prior to signing of the final exemption
plat.
4. That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemption from the rules of Subdivision 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.
d) Individual Sewage Disposal Systems shall be engineered by a Professional Registered
Engineer within the State of Colorado if percolation rates fall outside of the 5 to 60
minutes per inch.
e) All foundations shall be engineered by a Professional Registered Engineer licensed to
practice within the State of Colorado
.f)
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.
g) 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 responsibilities and act
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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.
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h) One (1) dog will be allowed for each residential unit on Lets 1 5 and the dog shall be
required to be confined within the owner's property boundaries.
i) The entirety of land located within Parcel B as shown on this plat is governed by a
conservation easement granted to the Aspen Valley Land Trust. The terms and conditions
of this easement are more fully described in the document entitled "Deed of
Conservation Easement in Gross — West Divide Ranch" that shall be recorded in the
records of the Garfield County Clerk and Recorder's Office in Book , Page
with the reception number of .All future activity on this lot
shall be in accordance to the terms and conditions in this document.
J)
All proposed excavation into slopes steeper than 30% shall he addressed by a
geotechnical engineer on a site by site basis and the information shall be provided to the
Building and planning department as part of a building permit application.
k) At the time a structure j constructed on the Building Envelope within parcel B, the
owner shall obtain all necessary driveway permits from the Garfield County Road and
Bridge department.
1) All buildings to be constructed shall adhere to the National Fire Protection Agency
wildfire protection mitigation guidelines.
m) Prior to the approval of a building permit for any development on. Lot B (well permit
number 272715), all physical water supplies shall demonstrate the following:
a. That a four (4) hour pump test be performed on the well(s) to be used;
b. A well completion report demonstrating the depth of the well, the characteristics
of the aquifer and the static water level;
c. The results of the four (4) hour pump text indicating the pumping rate in gallons
per minute and information showing drawdown and recharge;
d. 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;
e. An assumption of an average of no less than 3.5 people per dwelling unit, using
100 gallons of water per person, per day;
f If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system
and who will be responsible for paying these costs and how assessments will be
made for these costs;
g. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
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BURNING MOUNTAINS FIRE PROTECTION DISTRICT
Brit C. McLin
Chief
611 Main St.
P.O. Box 2
Silt, CO. 81652
Building and Planning Department
Garfield County
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EXHIBIT
Phone: (970) 876-5738
Fax: (970) 876-2774
E -Mail: chief800@rof.net
29 March 2005
In re: Application for Exemption from Definition of Subdivision
I have reviewed Dow Rippy's application for exemption regarding the properties
identified as 10339,10441, and 11084 County Road 311 and have neither concern nor
comment as this reflects no change in occupancy or usage_
Brit C. McLin, Chief
GAIs::"IELD COUNTY
Building & Planning Department
Review Agency Form
Name of application: West Divide Ranch LLC
Sent to: Garfield County Road & Bridge Dept.
Date Sent: April 13, 2007
Comments Due: May 4, 2007
Garfield County requests your comment in review of this project. Please notify the
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staff contact: David Pesnichak
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General Comments: Garfield County Road & Bridge Department has no objection to this
application with the following comments.
The 30 -foot easement as described from the center line of Cr. 311 if not already deeded
shall be deeded to Garfield County.
Any new accesses to the property shall require a driveway access permit issued by
Garfield County Road & Bridge Department with conditions specific to the requested
driveway access permit.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date April 17, 2007
Revised 3/30/00
David Pesnichak
From: Jim Sears
Sent: Tuesday, April 24, 2007 5:04 PM
To: David Pesnichak
Subject: West Divide Ranch LLC Exemption Application
Page 1 of 1
EXHIBIT
David: The Sheriff's Office has no Law Enforcement or Emergency Management issues with this Application.
Jim Sears