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Home My WebLink About2.0 Staff Report BOCC 01.18.99B/< /o ?g Pk Qqz A'tl .L.,) ca D PROJECT INFORMATION AND STAFF COMMENTS REOUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: RELATIONSHIP TO THE COMPREHENSryE PLAN The site for the exempted lots is located in District A- Urban Area of Influence as designated by the 1984 Garfield County Comprehensive Plan Management District Map. DESCRIPTION OF THE PROPOSAL Site Description: The property is located on the eastern side of east Elk Cre_e! and is characteriied by gentle to stleply sloping terrain.(See location map pg lE ) Project Description: The parent tract of land to be subdivided consists of 58 acres. The proposal will create two (2) exemption parcels of 13 and 45 acres. (See proposed map pg. lO ) The 13 acre parcel will utilize a permitted well with the -t- BOCC Ut& 199 An exemption from the definition of subdivision. Charles Terrell A tract of land located in portions of Section 13, T5S, R91W of the 6th P.M.; 1811 CR 241, Located approximately 5 miles north of New Castle on East Elk Creek 58 Acres Well ISDS CR 241 A/R/RD I. tr. B Itr. remaining parcel utilizing an existing well. Both lots will use ISDS for wastewater. Access is offCR road247. 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 (4) lots, parcels, interests or dtuelling units will be createdfrom any parcel, as that parcel was described in the records of the Garfield County Clerk und Recorder's Office on January l, 197 3, 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 naturalfealure, preventing.jctint use of the 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 hwe been created by exemptionwith regard to the four ft) lot, parcel, interest or dwelling unit limitqtion otherwise applicab le ; " The applicant, has provided evidence as indicated on the deed recorded as No.85, Document #157453. C Zoning'. The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. Legal Access: Legal access will be provided via CR 241. Nl points of access should meet County road standards. Water and Sewer: The applicant is proposing the use an existing and permitted well. The new well should be required to meet the following criteria: B. *4f. 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 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 nitratesl J u 6 / ' '' s E. Sewer. The existing house has an Individual Sewage Disposal System that is functioning presently. The remaining lot has adequate area for an ISDS. s(- F. 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 setback standards, which should be verified by an engineer, as suggested by the previous plat note. G. Drainage. The property is located within a natural drainage that has been identified and mapped. Placement of any structure should identiff this condition prior to building permitting. H. Fire Protection: The applicant has included a letter from the Burning Mountain Fire Protection District, who noted that the property is in the district and can be served. They reserve the right to comment on any future development proposals.(See letter ps lrl ) I. Easements: Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. J. School Impact Fees; The applicant will be required to pay the $200.00 school site acquisition fee for each newly created lot, prior to the approval of the final plat. K, \!p{:r}{,"" 1 R/p#,.?ff ,,iit ry. SUGGESTED FINDINGS I 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 atthat meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION 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 of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lot,25 ft. wide access to a public right- -3 4 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. That the applicant shall submit $200.00 in School Site Acquisition Fees for the creation of the exemption parcel. That the following plat note 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 fireplaces will be allowed anywhere within an exemption. One (1) new solid-fuel burning stove as defied by C.R.S. 25-1-401, 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". "Garfield County has a Right-to Farm-and-Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued. " "All residential construction shall be consistent with the Colorado State Forest Service (CSFS) recommendations for construction of homes contained in the CSFS publication "Wildfire Protection in the Wildland/Urban Interface" and "Model -pRegulations for Protecting People and Homes in Subdivisions and Developments." Prior to the approval of an exemption plat, the applicant will demonstrate that the sprirg will meet the following: ta/r |l 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 5 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. 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. future event that the property described by this-qryidrflllFtit, has the reasonable ability to connect with any municipal or centralized water and/or sewer system, ttre subject property owners shall be required to connect to said service and remove any existing well head(s) and individual sewage disposal systems(s) which may be located on said property, within one year of the effective date of service availability." T\f 1=r* *cf +B v3 ,8e , 4) s) 6) 7) 7.That the applicant, and any future property ownejs.oJ ppi{property agree to, as a condition of future continued approval of the tfEgaffifuretrr,,that if, in the 8@ ffi