HomeMy WebLinkAbout2.0 Staff Report BOCC 04.06.98REQUEST:
APPLICA]TIT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING/ADJACENT ZOITTING:
BOCC 4t6t98
An exemption from the definition of
subdivision.
Donna Tassada
A tract of land located in portions of Section
19, T65, R93W of the 6th P.M.;
approximately two (2) miles southwest of
Rifle, offof CR 320.
65.0 Acres
Shared well
ISDS
CR 320
A/R/RD
PROJECT INFORMATION AND STAFF COMMENTS
L RELATIONSIIIP TO THE COMPREHENSTVE PLAN
The site for the exempted lots is located in District C, Rural Areas, Minor Environmental
Constraints, as designated by the 1984 Garfield County Comprehensive Plan, Management
Districts Map. This designation denotes minimal or no environmental constraints and
recorrmends that the minimum lot size for the area be five (5) acres.
DESCRIPTION OF TIM PROPOSAL
A. Site Description: The site is located approximately two (2) miles southwest of Silt,
on the west side of CR 320. The proposed tacts are contiguous to CR 320 along the
west side of the proposed lots. There is an existing house with various accessory
structures on the smallest lot proposed. The larger lots are predominately hayfields
and pasture lands. The properties located in the area are generally large lots
residential or agriculnral opeiations. (See location map pg..7' )
II.
ol'
B. Project Description: The parent tract of land to be subdivided consists of 65.0 acres,
and the proposal calls for creating a total of three (3) parcels of approximately 15.0,
20.0 and 30.0 acres. (See proposed map pg: I') The new parcels will share a new
domestic well and the existing house will use an existing well. All ofthe parcels will
utilize individual sewage disposal systems. Access will be directly offof CR 320
for all three parcels.
MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations states that 'Wo more than a total offour (4) lots, parcels, interests or
dwelling units will be createdfrom any parcel, as that parcel was described in the
records of the Garfield County Clerk and Recorder's Ofice on January l, 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 naturalfeature, preventingjoint use ofthe 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 exemptionwith regard to thefour (4) tot, parcel, interest or dwelling unit
I imitati on ot herw is e appl ic abl e ;,,
The applicant's property was a part of a larger piece of properfy on January l,lg73.
There has been one split due to County Road 320 separating the tracts since that
time, which does not count against the possible exemptions. The remaining property
on the north side of the county road was split by a court order in a divorce
settlement. This leaves a total of two more exemptions, plus what remains of the
original parcel. Therefore the application qualifies for the requested exemptions.
It should noted that the approval of these exemptions will not allow any of the other
larger parcels to qualiff for any exempt parcels less than 35 acres on the remaining
large tracts.
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. Roads/Access: Legal access will be provided by CR 320. The access proposed for
the larger parcels is not defined in the application and will have to obtain a driveway
access permits from the Road and Bridge department prior to the issuance of any
building permits for the parcels.
The proposed new parcel is located in Traffrc Study Area 1, which has a cost/ADT
of $280/ADT. Each single family dwelling generates 10 ADT/day, which translates
into a road impact fee of 52800 for each new lot created.
'2-
D.Water and Sewer: The applicant is proposing to use an existing well for domestic
water to the house on the smaller lot. The other two lots will share a proposed
domestic well that allowsgp to three (3) dwelling to share the water. See thi well
permit attached on page2. A maintenance and access easement will have tobe legally described on the exemption plat. The easement will have to be a
minimum of 10 ft. wide along the water line and 20 ft. square around the well. The
applicant has not submiued information regarding the quantity and quality of the
water from the well, Prior to the approval of an exemption plat, the applicant will
need to demonstrate that the well can meet the following criteria:
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 (a) 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.7) If the spring is to be shared, a water sharing agreement will be filed
with the exemption plat that defines the rights of the property
owners to water from the spring.
It should also be noted in the resolution of approval and as a plat note that the legal
and adequate supply of water approved for the two larger lots is a domestic well to
be shared equally by the lots.
$ewer: The existing house has an Individual Sewage Disposal System that appears
functioning presently. The remaining lots have adequate area for an ISDS, buimay
be required to have an engineered system due to slow percolation rates for soils in
the area.
Soils/Geolo8ry: The NR&CS soils information submitted with the application,
indicates some potential for shrink swell and strength limitations for dwellings and
the potential for slow percolation rates for individual sewage disposal systems. A
plat note stating:
"Soil conditions on the site may require engineered septic systems and building
foundations."
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
E.
F.
G.
7-
H.
setback standards, which should be verified by an engineer, as suggested by the
previous plat note.
Drainage: The parcel to be created by exemption, in its natural state, is not subject
to any drainage or flooding problems, and no known drainage easements occur
within the area of the parcel to be created.
Fire Protection: The applicant has not included a letter from the Rifle Fire Protection
District as a part of the application. The district has identified a number of
recommendations for another recent application, thatplrould be considered conditions
of approval for this application. (See letter pg.-D- ) Based on the conditions
noted in the letter, the following plat notes should be included on any plat:
"All residential construction will be consistent with the Colorado State Forest Service
(CSFS) recommendations for construction of homes contained in the CSFS
publications "Wildfue Protection in the Wildland/Urban Interface" and "Model
Regulations for Protecting People and Homes in Subdivisions and Developments."
Easements. Any required easements (drainage, irrigation ditches, access, utilities,
etc.) will be required to be shown on the exemption plat.
K' School Site Acquisition Fees The applicant will be required to pay the $200.00
school site acquisition fee for the newly created lots, prior to the approval of the final
plat.
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.
3. That for the above stated and other reasons, the proposed exemption is in the best
interest ofthe health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
R.ECOMMENDATION
Staffrecommends 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
ofapproval.
J.
V.
1 A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, and any proposed easements for
setbacks, drainage, irrigation, access or utilities. The well easement shall be a
minimum of 10 ft. wide along the water line and 20 ft. square around the well.
That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption.
That the applicant shall submit $400.00 in School Site Acquisition Fees for the
creation of the exemption parcel and $5600.00 for road impact fees prior to the
approval of an exemption plat.
That the following plat notes 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 fueplaces 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".
"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".
"Soil conditions on the site may require engineered septic systems and building
foundations."
"All residential construction will be consistent with the Colorado State Forest Service
(CSFS) recommendations for construction of homes contained in the CSFS
publications "Wildfue Protection in the Wildland/Urban Interface" and "Model
Regulations for Protecting People and Homes in Subdivisions and Developments."
"The legal and adequate source of domestic water for lots and
-,
is a
domestic well No.approved by the Colorado State Engineers
3.
4.
5.
6.
Office. Division of Water Resources."tu
That all recorlmendations contained in a February 4, l99S letter of the Rifle Fire
Protection District related to the posting of an address, road construction and
construction materials, will be considered conditions of approval.
-S-
7.Prior to the approval of an exemption plat, the applicant will demonstrate that the
well will meet the following:
1)
2)
3)
4)
5)
6)
7)
That a four (4) hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The results of the four (4) hour pump test indicating the pumping
rate in gallons per minute and information showing drawdown and
recharge;
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;
An assumption of an average or no less than 3.5 people per
dwelling unit, using 100 gallons of water per person, per day;
The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria and nitrates.
A water sharing agreement will be filed with the exemption plat that
defines the rights of the properry owners to water from the well.
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. ,,,. COLORADO DIVISION OF W. R RESOTIRCESJ* DEPARTMENT OF NATURAL ^--JOT.IRCES1313 SHERN{AN ST., RM. 818, DEI{yER CO 80203phone - info: (303) 866-3587 main: (303) g66-3581
[IEW 35 + ACRE RESTDENTTAL
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to inq form Water Well Permit ApplicationMusttnink1 . APPLICANT TNFORMATION 6_.USE OF WELL (check
TASSADA, Donna ft A. Ordinary househoto prrpo, u;iTp]i-e-
single-family dweltings, tre watering of
domestic animals, and t'ro irrigation of not moroltran ono (1) acre of home gardens and tawns
E B. Uvestock watoring (on farm/rench/rangc/paeturo)
Mriling Addroce
P.O.Box 3291 [fll?il:''.8u''?EgJr
Tclcphonc Numbor (includclrra codc)
MAXIMUM PRODUCTION RATE OF THE WELL
SHALL NOT D(CEED 15 GPM
2. TYPE OF APPLICATION
CONSTRUCT A NEW WELL ON A TRACT OF
L.AND OF 35 ACRES OB MORE
q:ryE o F R Es I D ENTTAL- EI,VAGEEJGiE-M
Etseptic tank / absorption IEIEEIEE Central system
EI Vautt
Location scw.gc to bc haulcd to:
Othgf (rnrch copy of enginccring dcsign)4. LOCATION OF WELL
O.u!rtcr/qu!ncr
SE uq
9. PROPOSED WELL DRTLL'EI;;;'i;
Township N or S6 ng to.stcrueruRe orapp@Digtance ol well trom raction lineo The making of farse sratements n"r"in-con"t@fifr
in the second degree, which is punishable as a ctass 1 mis-demeanor pursuant to C.B.S. 244-104(13)(a). I have read
the statements herein, know the contents thereof and statethat they are true to my knowledge.
Well location addrccs, it Oifoffi
5. TMCT ON WHICH WELL WILL BE LOCATED Must bc oy'ght! dgnaturc
ATTACH LEGAL OESCRIPTION FOR 35+ ACRE TRACT
E Development
Name
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65
THIS WILL BE THE ONLY WELL ON THIS TRACT
Form GWS-50 (LZt95)
i
Rrrle Frne PnorEcnoN Dlsrnlcr
February 4, 1998
Mike Dooley
0888 Anclers laneRifle, Colorado 8L550
Reference: Proposed Subdivision exemption, County Road 225
Mr. Dooley,
The Rif1e Fire Protection District, has reviewed the
proposed subdivision exempt,ion of propert'y localed 9]1touirty Road 225. It is E,ha Dist,ricls underst,andi!9 E,haE
t,his E.ivision will creaEe two separaE,e parcels of
ippioximat,ely t.hirty t!'ro acres, in4 thrFe acres . rE is
ii'io the Districts i:nderstanding thaE, Ehis property would
be used for const,r:Llction of two, single family dwellings.
The above property is wit,hin Ehe-boundaries of t,he
Rif1e Fire protecLion-District. Fire and Emergency Medical
Senrices are provided to the area by Ehe Dj-scrict - In
order t,o assist the District in it,'s capabilities of
pro.riAing t,hese se::rrices, w€ would make- t'he f ollowing
recommendations ;
1. Defensible space: Vegetation should be removed from
near any st,r:rlcEirres on Ehe property to provide a safe zone
in t,he event of a wildland f ire.
2 . Const,:rrct,ion maEerials: The DisE,rict, reconunends Ehe use
of a classified roof covering and non-combustible siding
maE,erials E,o minimize threac5 f rom a wildland f ire.
3. Road consfnrction: When const,ructing t,he access roqdway
into E.he property, consideration should. be given t,o t,he
weight,s o-t fire -apparatus and accessibiligy during adverse
weat,her condiEions.4. Posting of address: The address of Ehe Property is Eo
be posted-where Ehe driveway accesses E,he CounEy Road.
LeEEers are Eo be a minirmlrf of 4 inches in height, t/2
inch in width and contrast, with t,he background colors.
5. waE,er supply: As discussed in our E,elephoneconversatioir] Ltre pistricE reconunends Chat you continue Eo
work with neighbors in.t,he area in est,ablishing an
approved fire- suppression waE,er supply.
As Ehe E,ime comes closer for constrruction ofst,rrlctures on E,he property, t,he Distrrict, would be happy_ co
Bet down and dj.scuss wildland concerns in great,er decail.
Tlrank you for your cooperation and feel free t,o cont,act, meif I can be of furtrher assisEance.
Telephone (970) 625-1 243' Fax(970) 625-2963
1850 Rarlroad Avenue . P.O. Box 1133 ' Rifle, Colorado 81650
-lQ-
l,like M6rganDiscricc Chief