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HomeMy WebLinkAbout2.0 Staff Report DD 06.04.10Director Determination 6/4/2010 KE Donald Ziegler Subdivision Exemption PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER REPRESENTATIVE LOCATION SITE DATA WATER/SEWER ACCESS EXISTING ZONING STAFF RECOMMENDATION Exemption from the Definition of Subdivision Donald Ziegler / Peregrine 08 Investments, LLC Tim Thulson, Balcomb & Green 31145 HWY 6 & 24, Rifle, CO 41.85, Parcel No. 2179-054-00-056 Well/ ISDS Highway 6 & 24 Rural Approval I PROPOSAL The Applicant, Peregrine 08 Investments, LLC is requesting approval for an Exemption from the Definition of Subdivision which, if approved will create four (4) lots from a 41.85 acre parcel. An application for Subdivision Exemption was approved by the BOCC at a Public Hearing on September 10, 2007 which created three (3) lots on the 41.85 acres. The applicant never recorded the plat due to the proposed change to create four (4) Tots as submitted on March 28, 2008 an application was submitted requesting an exemption to create four (4) lots. The Board of County Commissioners approved the exemption in a public hearing held on June 16, 2008 however that plat was never signed by the Board. — ( Donala R. Ziegler 31145 Highway 3 8 24! 41.85 acres gra pill yj City of Rifle, CO 1 Town of Sift. CO The exemption proposes to access the site via a common entry access easement from Highway 6, and a State Highway Access Permit has been issued. The interior roads will be designed to primitive road standards (40 feet width). 1 Director Determination 6/4/2010 KE Water will be provided by a common well for Lots 2, 3, and 4 with an existing individual well to serve Lot 1. The improvements associated with the water distribution system must be included in the Subdivision Improvements Agreement and security provided to assure construction of this public improvement. Sanitation is proposed to be Individual Sewage Disposal Systems. II REFERRAL COMMENTS Staff had (twice) previously referred the application to numerous agencies including CDOT, Division of Water Resources, Michael Erion of Resource Engineering, etc. and all previous comments have been adequately addressed through the two prior reviews. The current proposed plat was referred to the County Surveyor for review. III RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area 2 of the Comprehensive Plan of 2000 and is designated Outlying Residential. Outlying Residential has a density requirement of two or more acres per dwelling unit. The uses and acreage proposed by the Applicant conform to the Comprehensive Plan. IV ISSUES AND CONCERNS The subject property has existed in its current configuration prior to January 1st, 1973 with deeds provided regarding conveyance of the parcel as it existed in 1963 to the present. • A copy of the deed conveying the property from Loren Jewell and Elvina Jewell to Charles Howard Robinson and Clarice Jane Robinson (Reception No. 220673). • The subject property was conveyed to Donald Ziegler by Charles and Clarice Robinson on March 2nd, 2007 (Reception No. 718230) and conveyed by Special Warranty Deed to Peregrine 08 Investments, LLC on February 11, 2008. The property conveyed to Peregrine 08 Investments, LLC is in the same configuration as identified in the 1963 deed. Domestic/Irrigation Water The Applicant proposes to provide domestic water via wells. A shared well will provide domestic and irrigation water to lots 2, 3 and 4. A shared well agreement will be filed with the Exemption Plat and Staff recommends that the Board require submittal of that agreement for recording with the Exemption Plat. The Applicant has obtained two West Divide Water Conservancy District contracts. The first contract provides water to one single family residence and 14,520 square feet of irrigation. The second is for a shared well serving two single family residences and 29,040 square feet of irrigation. §7-104 requires all physical water supplies to demonstrate the following: (1) That a twenty-four (24) hour pump test be performed on the well(s) and the results be provided indicating the pumping rate in gallons per minute nad 2 Director Determination 6/4/2010 KE information showing drawdown and recharge; (2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; (3) 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; (4) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; (5) If the well is to be shared, a legal, well sharing declaration which discusses all easements and cost associated with the operation and maintenance of the system and who will be responsible for paying these cost and how assessments will be made for these costs; (6) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates; Zoning The subject property is located within the Rural Zone District and as such is required a 2 - acre minimum lot size. The Applicant's proposal as represented conforms to all County zoning requirements. Legal Access/Road Improvements The proposed exemption will be accessed by Highway 6 & 24 and a State Access Permit has been issued. The Applicant has submitted a draft Improvements Agreements which includes the cost of the access improvements. This Agreement will be updated with the costs of all of the public improvements and will be presented for Board of county Commissioner signature along with the plat. Wastewater The Applicant proposes that wastewater will be managed on each parcel by Individual Sewage Disposal Systems (ISDS). As the parcels are improved with residences each property owner will be responsible for installing their own ISDS. The Applicants consulting engineer has recommended that all systems be designed by a registered professional engineer. Staff suggests the following plat note be placed on the plat: "All septic systems and residential foundations shall be designed by a professional engineer licensed to practice in the State of Colorado." Fire Protection The subject property is located within the Burning Mountain Fire Protection District which has reviewed the proposal providing no specific conditions. Easements The proposed 40' access easement and all water line easements shall be conveyed in a manner acceptable to the County Attorney's Office. The proposed easements shall be legally described and depicted on the Exemption Plat. Severed Mineral Interests The Applicant owns title to 25% of all mineral interests. Staff suggests the following plat 3 Director Determination 6/4/2010 KE note be placed on the Exemption Plat "The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." V STAFF RECOMMENDED FINDINGS 1. That proper notice to adjacent property owners was provided as required noticing the Director Determination date; 2. That the review was extensive and complete, that all pertinent facts, matters and issues were submitted and considered by the Director; 3. That for the above stated and other reasons, the Director has determined that the proposed exemption will be in the best interest of the health, safety, and welfare of the citizens of Garfield County if the Applicant complies with all conditions of approval; 4. That upon compliance with the conditions of approval the application has met the requirements the Unified Land Use Resolution of 2008, as amended. VI STAFF RECOMMENDATION Staff finds the proposed Exemption may comply with County regulatory requirements therefore recommends that the Director of Building and Planning approve the request for a Major Exemption for parcel number 217905400056, with the following conditions of approval. 1. That all representations made by the Applicant in a public hearing before the Board of County Commissioners shall be considered conditions of approval unless otherwise amended or changed by the Director. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. Control of noxious weeds is the responsibility of the property owner. b. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel buming 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. c. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for 4 Director Determination 6/4/2010 KE safety lighting that goes beyond the property boundaries. d. 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. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, 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. e. 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 leam about these rights and 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. f. All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. g. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contracts with background color. h. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. i. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and J. "The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." 5 Director Determination 6/4/2010 KE 3. The Applicant shall submit a blueline of the proposed exemption plat upon completion of corrections recommended by County Staff (planning and surveying). Upon final approval by Staff the mylar shall be printed and necessary signatures obtained prior to the Board of County Commissioners signing. 4. Prior to the Board of County Commissioners signing of the plat the Applicant shall provide the following information regarding adequacy of the water supply: a. A minimum 24 hour pump test shall be performed on the well(s) to be used. The results of the pump test shall be analyzed and summarized in a report including basic well data (size, depth, static water level, aquifer, etc.) pumping rate, draw down, recharge and estimated long term yield. The report shall be prepared by a qualified engineer of ground water hydrologist and include an opinion that the well will be adequate to supply water for the proposed uses. The report shall also address the impacts to ground water resources in the area. b. Water use assumptions shall include an average of no less than 3.5 people per dwelling, using 100 gallons of water per person per day, plus and irrigation and livestock watering uses. c. If the well is shared, a legal well -sharing declaration addressing all easements and costs associated with operation and maintenance of the system and identifying the person responsible for paying costs and how assessment will be made for those costs. d. At a minimum, the water quality of the well shall be tested by an independent testing laboratory for the basic Colorado Primary Drinking Water Standards for inorganic chemicals (heavy metals, nitrate, sulfate and asbestos), bacteria and radioactivity. The results should show that the applicable standards are met or otherwise identify a treatment system to meet the standards. Testing for the Secondary Drinking Standards (taste, odor, color, staining, scaling, corrosion, etc.) is recommended. 5. An Improvements Agreement shall be completed for Board of County Commissioner signature concurrent with the signing of the exemption plat. This Agreement shall include the public improvements necessitated by the creation of three additional lots including construction of access from Highway 6 and to each of the proposed lots, any necessary drainage or erosion control structures necessary, and the distribution system for the shared well. Adequate collateral shall be provided along with documentation. 6. The property is located in the RE -2 School District therefore the Applicant shall be required to pay $200 each for Parcels 2, 3 and 4. This fee shall be paid at or prior to the Board of County Commissioners signing the exemption plat. 7. The Applicant shall maintain its contract with the WDWCD and ensure that all 6 Director Determination 6/4/2010 KE 7. The Applicant shall maintain its contract with the WDWCD #070419EastDZ(a) and #070419WestDZ(a) and ensure that all annual payments required therein are timely paid to WDWCD. 8. The County's approval of the adequacy of the water supply plan for the Ziegler Exemption shall be effective unless there is a material change in either the water supply or water demand for the proposed development or in the event the Applicant fails to obtain the requisite legal entitlements with conditions which establish the adequacy of the water supply plan. If there is such a material change in circumstance or failure to obtain proper legal entitlement, the County may reconsider sufficiency of the water supply. 7 To: Brian Steinwinder - Sexton Survey Company From: Scott Aibner — Garfield County Surveyor Subject: Ziegler Exemption Plat Date: 06/10/2010 Garfield County SURVEYOR SCOTT AIBNER, P.L.S Dear Brian Upon review of the Ziegler Exemption Plat, I have comments and corrections to be made prior to approval for survey content and form as Follows: 1.) The ditch is not labeled on the plat. 2.) The lots need to have a lot, parcel or tract definition (i.e. Lot 1) 3.) The basis of bearings listed in the notes is ambiguous ("NE corner of said property LS 13501")? State the bearing in the notes or indicate the basis of bearings graphically on the plat. 4.) Some of the certificates contain the date "2009" on page one. 5.) Was a title search performed by an attorney or title company? If so name them in the plat notes. 6.) Miss closures in property descriptions should be fixed by virtue of the plat recording process. 7.) What County Road Right of Way are you referring to in the notes? 8.) The CDOT Highway 6 areas are ambiguous. Please explain. 9.) Curve data along the Hwy 6 ROW is missing. 10.)A11 exterior boundary corners should be found or set and annotated on the plat. Once these comments and corrections have been addressed, please plot a second review copy for re -review. Sincerely, Scott Aibner Garfield County Surveyor cc Kathy Eastley — Building and Planning Department 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom