HomeMy WebLinkAbout2.0 BOCC Staff Report 05.03.1999REQUEST:
APPLICANT:
LOCATION:
• •
BOCC 5/3/99
PROJECT INFORMATION AND STAFF COMMENTS
An exemption from the definition of
subdivision.
Donald & Kathy Germano
A tract of land located in portions of Sections
26 & 27, T6S, R94W of the 6th P.M.; Located
approximately 2 miles south west direct of the
Rifle interchange, on County Road 305
SITE DATA: 38 05 Acres
WATER: Well
SEWER: ISDS
ACCESS: CR 305
EXISTING/ADJACENT ZONING: A/R/RD
APPLICABILITY: Section 8:10 allows the Board of County Commissioners the discretionary
power to exempt a division of land from the definition of subdivision and, thereby, from the
procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption will
not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the
general public welfare.
The Board shall make exemption decisions in accordance with the requirements of Section 8:00,
Exemption. Following a review of the individual facts of each application and in light of the
requirements of these Regulations, the Board may approve, conditionally approve or deny an
exemption request.
The Board has determined that leases, easements and other similar interests in land for oil and gas
facilities; and an accessory dwelling unit or two family dwelling that are subject to leasehold interest
only and complying with the requirements of the Garfield County Zoning Resolution, are exempt
from these regulations.
1
• •
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in both District C- Rural Area Moderate Environmental Constraints and
in District F- Rural Area Severe Environmental Constraints as designated by the 1984
Garfield County Comprehensive Plan Management District Map.
The following Comprehensive Plan standards apply to the application:
District C- Rural Area Moderate Environmental Constraints -
Moderate ability to absorb growth
This district includes all lands which are not serviceable from an existing or municipality or
subdivision with water or sewer services and have minor environmental constraints to
development. Site specific areas of moderate constraints should be included in this district.
Minor environmental constraints should include, but not be limited to areas of soil creep,
potentially unstable slopes, safety zones surrounding serious hazard areas, expansive soil,
corrosive soils, potential subsidence due to limestone solution, radioactivity associated with
uranium minerals and 0 - 16% slopes.
District F- Rural Area Severe Environmental Constraints
Least ability to absorb growth
This district includes all lands which have severe environmental constraints included in the
boundaries of a District A or B are considered within District F. Site specific areas of minor
or moderate environmental constraints may be included in this District.
Severe environmental constraints should include, but are not limited to areas of active land
slide, debris slide, unstable slope, bedrock slide, major mudflow, radioactive mill tailings,
actual subsidence, slopes over 25%, and 100 year flood plains.
Performance Standards
These performance standards are intended to encourage a working relationship between the
developer and the County to solve the potential problems and conflicts caused by new
growth. They are designed to provide flexibility in the location, design and type of
development. At the same time, they are suggested means to overcome the impacts of new
growth on existing development. Finally the performance standards are suggested guidelines
for new development to use in responding to the problems and constraints posed by the
project site to the proposed development.
2
Natural Environment
I. Steep Slopes (25% and over) and Moderate Slopes (16%-24%)
Potential Problems - The parcels to be exempted are relatively flat with no identified slopes
over 25% and only a small portion of the property, apx. 3.44 acres, located in the south west
corner of Parcel 2. Slopes in this area may exceed 16%. Development in these areas should
be limited. Staff has identified specific geologic hazards as may apply to the site as indicated
on page of the staff report.
II. Floodplain/Floodprone Areas
Potential Problems - Parcel 1 has a minor off-site slope condition located in the south east
portion of the property. An existing fence line as indicated on the plat, separates the primary
pasture area from this mild slope condition. Development at the base of the slope may be
subject to minor flood or other surface drainage condition. Site specific investigation should
be preformed prior to placement of any structure.
Parcel 2 has two drainage areas as identified on the plat and identified by staff in various areas
of the staff report. Development in these drainages should be limited.
III. Surface Drainage from New Development
Potential Problems - The two existing drainages on parcel 2 have been identified and should
meet the following special considerations:
1. Disturbance of natural drainage patterns- Any new development in the
western 10 acres of parcel 2 should identify specific drainage areas and avoid
placement of roads, structures or the placement or pasturing of animals so as
to avoid increased run-off.
2. Increase of downstream flow and velocity- New development and agricultural
use should identify and mitigate potential increases in on-site water generation
either through irrigation or hard surface diversion to mitigate through silt
fencing, distancing or other mitigation measures, to reduce down stream
impacts as may develop through increased or decreased velocity, volume, or
surface standing waters which may cause stress on existing drainage systems,
or which may impact adjacent structures, either on or off-site.
3
A. Performance Standards- As identified the following standards should be applied to the
entirety of both proposed parcels and particularly the western portions of parcel 2:
1. Disturbance to natural drainage courses should be minimized.
The existing natural drainage system should be utilized to the fullest extent
practicable in its unimproved state.
IV. Shrink -Swell Soils
A. Potential Problems- The generalized soils for the parcels as identified in the USDA
Soil Survey of Rifle, Colorado, indicate that the site is composed primarily of the
Nihill, Olney and Torrifluvents soils groups. These soils are characterized by low
shrink -swell potential. Historic agricultural use of portions of the property as irrigated
pasture may have consolidated some hydro -compressive soils, however, the larger
soils systems as deposited in the region through alluvial deposition, may have created
specific areas of problematic soils potentially not suitable for residential development.
Site specific soils investigations should be required prior to the placement of any
residential structure or septic system to avoid the following potential conditions:
1. Settling and shifting of structures.
2. Cracking foundations.
3. Cracking and rapid deterioration of streets and paving.
4. Seepage of water around foundations.
5. Standing water and soils saturation.
B. Performance Standards- All development should comply with the following standards
based on the recommendations of a site specific soils investigation:
1. Housing foundations should be engineered and constructed to minimize the
settling and cracking of the foundations, utilizing approved methods.
Positive drainage should be provided on all sides of the structure. (5% slope
for the first five feet away from the structure is the suggested slope)
3. Gutters and down spouts should carry runoff beyond the gutter and backfill
area.
4. Streets, roads and pathways should be constructed to ensure ease of
maintenance and long life. Neither claystone or any other high -shrink material
should be used on the top portion of the pavement subgrade. Pavement
thickness should be increased as necessary to prevent cracking.
5. The plan for foundation and pouring should be certified by a registered
4
• •
engineer to ensure that the above standards will be carried out.
V Vegetation
A. Potential Problems- Plant communities in the generalized area of the parcel is
identified as rolling loam, characterized by Sage, Wheat, Bunch and Indian grasses
typical of a semi -arid plateau environment. New development or inappropriate
agricultural or other usage may create the following conditions:
1. Excess wind blown dust due to clearing and grading- Site specific measures
in new building and particularly in road construction should abide by Best
Management Practices which reduce off-site impacts.
2. Increased erosion, sedimentation and runoff due to the removal of plant
materials- Irrigation and off-site run-off potential impacts as identified on
Page 5, and specific measures in new building and particularly in road
construction should abide by Best Management Practices which provide for
appropriate re -vegetation using a seed mix and/or plant species to minimize
impacts.
3. Unnecessary removal of the few existing trees or tree stands in the area- Any
decrease in existing plant communities reduces bio -mass and increases
potential erosion.
B. Performance Standards- All uses and development should meet the following
standards:
1. Development construction should minimize the disturbance of the existing
vegetative cover.
2. No vegetation should be removed on slopes 25% or over unless otherwise
approved by the County Commissioners.
3. Vegetation stands along creeks and rivers should be retained where these
corridors have wildlife habitats.
Technical Services
II. Water and Fire Facilities
A. Potential Problems- The applicant has indicated that individual wells will be utilized
for both parcels. Given the location of the site, a lack of water pressure resulting in
5
• •
fire hazard may require on-site storage dedicated to fire suppression. Unnecessary and
costly extension of services will not be required from the Town of Rifle Municipal
system. Please see Pg for a detailed description of the proposed water
systems.
Performance Standards- The following standards apply:
1. Water should be available in sufficient volume and at adequate pressures to
meet approved fire protection standards.
2. Water lines to new developments should be a logical, orderly extension of the
existing system. One quarter (1/4) mile extension is recommended as the most
feasible distance for development to extend existing lines.
II. Sewage Disposal Facilities
A. Potential Problems- The applicant is proposing two individual septic systems. All lots
have adequate area for ISDS if properly installed and permitted, potential for an
inadequate sewage disposal system, which may create surface and sub -surface
pollution while not requiring the illogical and costly extension of sewer lines, should
be mitigated.
Transportation
I. Road System
A. Potential Problems- The access points for the proposed parcels should not greatly
impact the CR 305. All access will be required to meet County road access standards
and to obtain access permits from the Road and Bridge Department.
Compatibility
I. Compatibility: General
A. Potential problems- The proposal should not have an adverse effect to the desirability
of neighborhoods or the entire community nor alter the basic character of adjacent
lands or impair the stability or value of adjacent or surrounding properties.
II. Compatibility: Light Generated
6
• •
A. Potential Problems- The applicant will be required to include a plat note as indicated
in the recommended conditions of approval on the final exemption plat and should be
required to comply with the standards below:
B. Performance Standards
1. Lighting from any source, light poles or structures should not reflect glare or
shine onto any adjacent properties without prior approval from every
potentially affected property owner.
2. Exterior lighting should be installed so that the light is either indirect or of
such controlled focus and intensity as not to disturb the residents or owners
of any adjacent properties.
All exterior lighting which adversely affects adjacent property, residents or
owners should be appropriately screened or filtered to mitigate the negative
effects.
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The property is located on CR 305 on Taughenbaugh Mesa, six
miles west - south from Rifle. The site is gently sloping to the west and begins to
increase in slope to the south - west on the western 10 acre portion of the property
as the two drainages flow down toward the Colorado River. A minor slope exists off
site on the eastern portion of the property and includes a minor portion of this area.
(See location map pg. )
B. Project Description: The parent tract of land to be divided by exemption consists of
38.05 acres from which two exemption parcels of 9.6 and 28.45 acres in size more or
less.
III. 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
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, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is .split by a public right -o[ i ay (State or Federal highway, County
road or railroad) or natural_ feature, preventing, joint 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 have been
created by exemption with regard 10 the_ four (l) lot, parcel, interest or dwelling unit
limitation otherwise applicable:"
7
• •
The applicant, has provided the following:
Proof of Ownership Warranty Deed
Parcel 1 and 2 shown as single parcel
Deed 8/13/84 Book 494 Page 508-11 Warranty Deed
Prior to 1977, no information has been submitted which would
indicate the ability for the parcel to qualify for further exemption
parcels.
B. Legal Access: Legal access will be provided CR 305. All access to the County road
should be reviewed by the Road and Bridge Department prior to recordation of final
plat.
C. Water: The applicant is proposing the use individual wells for each lot created.
Proof of approved well permits has been provided for both parcels as follows:
Parcel 1. Permit #049891 F West Divide Contract # 980213 DKG
Allows for 15 GPM, 1 single Family, 6,000 sf yard irrigation, Flow Meter Required
Parcel 2. Permit #209725 Exempt Well
Allows for up to 3 single family dwellings and 1 acre of lawn and domestic
Prior to the signing of a plat, all physical water supplies shall 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 draw down 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 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;
7 The water quality be tested to determine potability by an independent
testing laboratory and the water must meet State guidelines
8
concerning bacteria, suspended solids and nitrates.
The application does not indicate if separate irrigation water is to be provided to
the lots. The applicant should provide a method for large area irrigation given the
size of the lots.
D. Sewer: All lots have adequate area for an ISDS, but site specific soils investigation
and engineering may be required to safely place any system.
E. 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.
F. Geologic & Hydrologic Conditions: Soils in this area are relatively stable and may
support development of the proposed density. The following consideration apply:
Drainage: The parcel to be created by exemption, in its natural state, does not appear
to be prone to flooding or other drainage problems. Site specific investigation prior
to issuance of a building permit may be required.
Erosion - The property located on the west side of C. R. 305 has two drainage areas
flowing to the west. These areas may be prone to continued bank erosion if
stabilization mitigation is not implemented. The plat indicates an apparent 10 acre
gross affected by the drainages with a potential building area located between them.
Placement of roads or structures which may contribute increased run-off into the
drainages should be considered in siting future structures.
The property on the east side of the property has the potential for pooling or passage
of water in the south east corner where a minor on parcel slope terminates a larger
slope located due south and south east of the parcel. Soil disturbance in these areas
should require immediate re -seeding and other erosion mitigation techniques as may
be required.
G. Fire Protection: The applicant has included a letter from the Rifle Fire Protection
District. The District has concerns regarding defensible space, construction materials,
road construction, posting of address and water supply. The District reserves the right
for future comment on the exemption and future development of the property.
Easements. Any required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption plat, including the following:
9
• •
a. The existing ditch easement located along the south east portion of
Lot 1
b. The gas line easement located in the western portion of lot 2.
c. Setback areas from the two drainages on the western portion of lot 2.
d. Description of dedication of either easement or right of way for CR
305.
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.
BOARD ACTION: At or within fifteen (15) days of the meeting, the Board shall approve,
conditionally approve or deny the exemption request. The reasons for
denial, or any conditions of approval, shall be set forth in the minutes
of the meeting or in a written Resolution. An applicant denied
exemption shall follow the subdivision procedure in these Regulations.
A plat of an approved or conditionally approved exemption shall be
presented to the Board for signature within 120 days of approval. The
plat shall include a legal description of the exempted property, and
Exemption Certificate, the County Surveyor's Certificate and a state,
if four (4) lots, parcels, or interest have been created on the parcel,
that "NOTE: No further divisions by exemption from definition will
be allowed." The plat shall be recorded with the County Clerk and
Recorder no later than thirty (30) days after the Chairman's signature.
The Chairman of the Board of County Commissioners shall not sign
a plat of a conditionally approved exemption until all conditions of
approval have been complied with.
IV. 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 of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
10
• •
V. RECOMMENDATION
Staff recommends 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-
of-way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption.
4. That the applicant shall submit $200.00 in School Site Acquisition Fees for the
creation of the exemption parcel.
5. That the following plat note shall appear on the Final Exemption Plat and in the
covenants if applicable:
"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. 25-7-401,
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".
"Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the
important contribution agriculture makes to this County. Nuisance complaints made
11
against customary and legal agricultural operations and practices will not be
pursued."
"Specific geological hazards may be encountered during the placement of structures
and septic systems. Site specific analysis for placement may be required."
"That the applicant, and any future property owners of said property agree to, as
a condition of future continued approval of the subdivision exemption, that if, in
the future event that the property described by this subdivision exemption, has the
reasonable ability to connect with any municipal or centralized water and/or sewer
system, the subject property owners shall be required to connect to said service and
remove any existing residential use 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."
6. Prior to the approval of an exemption plat, the applicant will demonstrate that all
wells will meet 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 draw down 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 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;
7 The water quality be tested to determine potability by an independent
testing laboratory and the water must meet State guidelines
concerning bacteria, suspended solids and nitrates.
7. The applicant shall abide by the NFPA 299, Standard for Protection of Life and
Property from Wildfire recommendations as it relates to driveways.
a) All driveways shall provide a minimum unobstructed width of 12 fr. (3.7 m)
and minimum unobstructed vertical clearance of 15 ft. (4.6 m).
b) All curb cuts at entrances to driveways or other provide ways shall be of
12
sufficient width to permit safe travel by emergency vehicles at all times of
year.
c) Turnouts shall be designed and constructed every 400 ft. (122 m) along the
driveway's length.
d) A turnaround shall be provided at all building or structure sites on driveways
over 300 ft (91 m) in length shall be within 50ft (15.2 m) of the building or
structure.
e) Where applicable, all driveways shall conform with NFPA 1141.
8. The applicant shall confonn to the requirements for fire protection as indicated in the
9/10/98 letter from the Rifle Fire Protection District.
13