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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.10.2007Exhibits - Donald Ziegler Public Hearing on 09/10/2007 (BOCC) Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Application G Staff Memorandum H Email from the County Road and Bridge Department dated 08/14/2007 I Memo from Division of Water Resources dated 08/28/2007 BOCC 9/10/2007 CR Donald Ziegler Subdivision Exemption PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION SITE DATA WATER SEWER ACESS EXISTING ZONING STAFF RECOMMENDATION Exemption from the Definition of Subdivision Donald Ziegler 31145 HWY 6 & 24, Rifle, CO 41.85, Parcel No. 217905400056 Well ISDS Highway 6 & 24 ARRD Approval Donald R. Ziegler C45 Highway 6 & 24 4t85 acres City of Rifle, CO 1 3 BOCC 9/10/2007 CR 1 PROPOSAL The Applicant, Don Ziegler is requesting approval from the Board of County Commissioners (the Board) for Exemption from the Definition of Subdivision (Exemption). If approved, the Exemption will create three (3) lots from a 41.85 acre parcel. II 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. City of Rifle: No Comments Received b. GarCo Road and Bridge Department: Exhibit H c. Colorado Department of Transportation: No Comments Received d. Colorado Division of Water Resources: Exhibit I 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 Subdivision Exemption Regulation/Property Eligibility Section 8.52 of the Garfield County Subdivision Regulations (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. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been larger than thirty five (35) acres in size at that time and 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), preventing joint use of the proposed tracts, and the division occurs along the public right-of-way, 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. For the purposes of definition, all tracts of land thirty five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." Staff Findings The subject property existed in its current configuration prior to January 1st, 1973. A copy of the deed conveying the property to Charles Howard Robinson and Clarice Jane Robinson was provided by the Applicant (Reception No. 220673). The subject property was conveyed to Donald Ziegler by Charles and Clarice Robinson on March 2na, 2007 (Reception No. 718230). The property conveyed to Donald Ziegler is in the same configuration as purchased in 1963. 2 BOCC 9/10/2007 CR Domestic/Irrigation Water The Applicant proposes to provide domestic water via wells. A shared well will provide domestic and irrigation water to lots 2 and 3. A shared well agreement will be filed with the Exemption Plat. The Applicant has provided a copy of the permit to construct a well. A copy of the well permit for the Ziegler East and West well is required. Staff recommends that the Board require submittal of this permit prior to signing 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. §8.42 (D) requires all physical water supplies to demonstrate 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 of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; (6) 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; (7) 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 Agricultural/Residential/Rural Density (ARRD) Zone District. As required by § 8.52 of the Subdivision Regulations of Garfield County of 'all Countyzoning the Applicant's proposal as represented conforms to requirements. Legal Access/Road Improvements The proposed exemption will be accessed by Highway 6 & 24. A State Access Permit will be required. Staff recommends the Board require this permit be obtained prior to the signing of the Exemption Plat. BOCC 9/10/2007 CR 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 Colorado." Fire Protection The subject property is located within the Burning Mountain Fire Protection District (the District). The District has reviewed the proposal providing no specific conditions. Easements The proposed 40'access easement shall be conveyed in a manner acceptable to the County Attorney's Office. The proposed easement shall be legally described and dipected on the Exemption Plat. Severed Mineral Interests The Applicant owns title to 25% of all mineral interests. Staff suggests the following plat 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 posting and public notice was provided as required for the public hearing before the Board of County Commissioners; 2. That the public hearing 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, and welfare of the citizens of Garfield County; 4. That the application has met the requirements §8:00 of the Garfield County Subdivision Regulations of 1984, as amended; 4 BOCC 9/10/2007 CR VI STAFF RECOMMENDATION Staff finds, the proposed Exemption complies with §8:00 of Garfield County Subdivision Regulations of 1984, as amended and recommends the Board of County Commissioners approve the request for an Exemption from the Definition of Subdivision 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 Board. 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. One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owner's property boundaries. c. 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. d. 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 safety lighting that goes beyond the property boundaries. e. 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. 5 BOCC 9/10/2007 CR f. 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 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. g. All new septic systems and residential foundations shall be designed by a professional engineer licensed to practice in Colorado. h. 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. i. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather condition. j. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and k. "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)." 3. Prior to the signing of the plat the Applicant shall provide the following: (1) A four (4) hour pump test be performed on Ziegler East and West wells; (2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level for both wells; (3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge for both wells; (4) A written opinion of the person conducting the well test that the well should be adequate to supply water to the number of proposed lots; (5) 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 shall be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates for both wells; 6 BOCC 9/10/2007 CR 4. A copy of well permits issued pursuant to CRS 37-90-137(2) for the Ziegler East and West wells; 5. The property is located in the RE -2 School District. As such, the Applicant shall be required to pay $200 each for Parcels 1, 2 and 3. This fee shall be paid at the time of final plat. 7 GARFIELD COUNTY Building & Planning Department Review Agency Form EXHIBIT Date Sent: August 14, 2007 Comments Due: September 4, 2004 Name of application: Ziegler, Don Sent to: 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: Craig Richardson 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 comments on this application as it does not directly effect any roads or access issues under the jurisdiction of our department. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date August 16, 2007 Revised 3/30/00 STAIE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 http://www.water.state.co.us August 28, 2007 Craig Richardson Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 EXHIBIT SEP 0 4 2.007 Re: Ziegler Subdivision Exemption Sections 5 & 8, T8S, R92W, 6th PM Water Division 5, Water District 39 Bill Ritter. Jr. Governor Harris D. Sherman Executive Director (Vacant) State Engineer Dear Craig: The above -referenced submittal requests a subdivision exemption for a 41.85 -acre parcel to be split into three single-family residential lots. As stated in the State Engineer's March 4, 2005 memorandum to county planning directors, this office has no statutory responsibility to review land use actions that do not include the subdivision of land as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision". However, we have performed a cursory review and are providing informal comments. The applicant intends to supply water through one well on Lot 1 and another, shared well for Lots 2 and 3. Each lot will contain one single-family dwelling and will be allowed 14,520 square feet of irrigated lawn and garden. Permit Nos. 273661 and 273662 were issued for the Ziegler East and West Monitoring Wells, respectively, on May 18, 2007. The use of each well is limited to monitoring water levels and/or water quality sampling. The proposal also included copies of West Divide Water Conservancy District (WDWCD) Contract Nos. 070419WestDZ(a) and 070419EastDZ(a) for 0.85 acre-feet and 1.69 acre-feet, respectively. Well permits issued pursuant to CRS 37-90-137(2) and the WDWCD contracts must be obtained prior to the operation of the Ziegler East and West Wells pursuant to the contracts. Note that this office does not necessarily take the position that the water supply plan is valid. If you or the applicant has any questions concerning this matter, please contact me for assistance. Water Resources Engineer CJL/Ziegler Exemption.doc cc: Alan Martellaro, Division Engineer James Lemon, Water Commissioner, District 45