HomeMy WebLinkAbout2.0 Staff Report BOCC 6.12.06'O o
Exhibits for Public Hearing on06l12106 (BOCC)
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Mail ReceiA
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dated June 2, 2006Road and
datedo6loT/06
of 1978 as amended
of 1984 as amended
Proof of Publication
ReGarfield
SubdivisionGarfield
Garfield ve Plan of 2000
Staff Memorandum
lrtter from Mountain Cross
Memorandum for the
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REOUEST
OWNERS
LOCATION
SME DATA
WATER
SEWER
ACCESS
EXISTING ZONING
ADJACENT ZONING
COMPREHENSTVE PLAN
BOCC 06n2t06
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PROJECT INFORMATION AND STAFF COMMENTS
Exemption from the Definition of Subdivision
Andrew & ShirleY Harris
7962 CR 301 (between Rifle and Parachute,
south of I-70 and Colorado River in the SW 7+
of the NE 7a of Section 5, Township 7 South,
Range 94 West
38.9 acres
Shared Well
ISDS
Private access easement to CR 301
ARRD
ARRD
Study Area 3 (Outlying Residential)
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Pordel B
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O The Appiicant requests approval for al Exemption from the
O"nnition of Sutdivition to spiit the subject 38'9-acre
,*a, into two lois where Parcel A has 33'89 acres and
parcel B has 5 acres. The Applicant proposes to-provide
water to Parcel B from an e*isting well located on Parcel A'
Wurt.*ut.r is to be handied by an Individual Sewage
Oirporuf System. Access to the subject property is presently
il;iil by a 30-foot access easement from County Road
301. Access to newly created Parcel B is proposed to be by
a 30-foot access easiment across Parcel A' The property ls
characterized primariiy by moderately sloping sage/ juniper
,"rg"f.tO wiitr signiiicant views o.f^ the Colorado River
Valley. The subject Parcel B is bifurcated by a Public
S".ui"e power line. The photo to the right is taken from the
access road entering Parcel A and looking north across the
eastern half of Parcel B'
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Staff referred the apprication to the fo,owing agencies /.county Depaftments for their review and
comment. com*"nis received are attached uJ"*f,iuir. and incorporated into the memorandum where
t aPPlicable
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A) Town of Parachute: No Comments Received
gj Ci,V of Rifle: No Comments Received
C) Garfield CountyRoad and Bridge D:p,T-l't: See Exhibit H
Oi Mountain Cross Engineering: See Exhibit I
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section g.52 0f the Garfield county Subdivision Regulations states that "No more than a total
of four (4) lots, porrrlr, interests o, a*aning uniti wilt be created from any parcel' as that
parcel was descriAra in the records of the iafield Counry Clerk and Recorder's Office on
January ],1g73. ln,ordertoqualifyforexemption,theparcel asitexistedonJanuary ], ]97j,
must have been larger than thirty fir, G;;;;^.-in' size'at that time and not a part of a recorded
subdivision; however, any parcer to be drivided by exemption that is sprit by a public right-of-
way (State or Federal highway, County road or iailroad)' preventing joint use of the proposed
tracts, and the division occurs dlong ,n, puiti, riShl of yay' such parcels therebv created may'
in the discretion oJ'the Board, not be considered lo ha* been createdby exemptionwith regard
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4) No Fire Protection Water Suoply in the Area: The District would encourage the
Applicant to explore the feasibility of a fire protection water supply in the area such as
ponds, irrigation canals, etc. in concert with the District. It should be noted, with the
lack of current fire protection water supply and travel distance to the area, the District
utnrtlrl liboh ornp rrcnce diffintl trcs m oYtinouichino n lnroe fire
L Easements / Severed Mineral lnterests
The Applicant proposes two easements to serve Parcel B including a 3O-foot access easement
and a 30-foot access I utlhty /well easement. In both cases, the easements shall be shown on the
plat and legally described. The use and obligation of Parcels A and B are described in
Declaration documents that provide for use of the well for Parcels A and B and access to Parcel
B.
It is not clear if the mineral estate of the subject parcels have been severed from the surface
estate. In the event that they are not intact, Staff suggests the following plat note be placed on
the final plat:
The mineral rights associatedwith this property (also known as Parcels A &B of the Harris
Subdivision Exemption) have been partially severed and are not fully intact or transfered
with the surface estate therefore allowing the potentialfor natural resource extraction on the
properQ by the mineral estate owner(s) or lessee(s).
Mountain Cross Engineering cornmented that there are overhead utility lines that cross Parcel A
and Parcel B. The utilities should be relocated to the proposed easement or an easement
provided for the current location. If the utilities cunently have an easement, this should be
shown.
J. School / Develooment lmpact Fees
The property appears to lie within the RE-2 School District. As such, the Appiicant shall be
required to pay $200 for the creation Parcel B. This fee shall be paid at the time of final plat.
ry. STAFF RECOMMENDED FINDINGS
1. That proper posting and pubiic 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 has been determined
to be in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
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4. That the application has met the requirements of Sections 8:00 of the Garfield County
Subdivision Regulations of 1984, as amended.
V. STAFF RECOMMENDATION
Staff recommends the Board Approve the request for an Exemption from the Definition of
Subdivision for Andrew and Shirley Harris with the following conditions:
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 inciude 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 and the
dog shall be required to be confined within the owners property boundaries.
c, No open hearth solid-fuelfireplaces will be allowed. anywhere within an exemption.
One ( 1 ) new solid-fuel burning stove as defied by C.R. S. 2 5 -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,
except that provisions may be made to allowfor safety lighting that goes beyond the
property boundaries.
e. Colorado is a "Right-to-Farm" State pursuant to C.ft.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 sensitivi1, may perceive such activities, sights,
sounds and smells only as inconvenience, eyesore, noise and odor. However, State
law and Coune policy provide that ranching, farming or other agricultural activities
and operations within Gaffield CounQ 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 othenttise 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.
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o 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 properQ
in accordance with zoning, and other aspects of using and maintaining propertl'.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citiz.ens 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 Gaffield
CounQ.
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 Coun\t 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, t/z 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
t: Due to the lack of current fire protection water supph, and travel distance to the
area, the Rifle Fire Protection District would likely- experience dfficulties in
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r\transferred with the surface estate therefore allowing the potential for natural
resource extraction on the properD'b1t the mineral estate owner(s) or lessee(s).
3. Prior to the signing of the plat, all physical water supplies shall demonstrate the
following as part of the final plat submittal:
a) That a four (4) hour pump test be performed on the well to be used;
b) A well completion report demonstrating the depth of the well, the characteristics of
the aquifer and the static water level;
c) The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d) 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;
e) An assumption of an average or no less than 3.5 people per dwelling unit, using 100o
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f) The water quality be tested by an approved testing laboratory and meet State
guidelines conceming bacteria, nitrates and suspended soiids;
g) A water sharing agreement will be filed with the exemption plat that defines the
rights of the property owners to water from the well.
Due to the lack of fire protection water supply in the area and the travel distance for
emergency response to the area, the Applicant shall expiore the feasibility of a fire
protection water supply in the area such as ponds, irrigation canals, etc. in concert with
the District. The Applicant shall have a meeting with the District in order to determine
what alternatives may be available for the provision of fire protection water.
5. The property appears to lie within the RE-2 School District. As such, the Applicant shall
be required to pay $200 for the creation Parcel B. This fee shall be paid at the time of
final plat.
6. The Appiicant shall be required to obtain a driveway access permit from the Road and
Bridge Department for the access easement as it connects to CR 301 which will include a
paved or concrete apron and a new culvert to replace the existing one. An on site meeting
will be required prior to installation of the improvements and reviewed and approved
after installation.
l. The existing septic system location shall be determined to verify that there are no
conflicts with setbacks for the proposed Parcel B.
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GARFIELI) COUNTY
Building & Plant.ning Department
Review Agency Form
Date Sent: May 25,2006
Comments Due: June 16,2006
Name of application:
Sent to: Garfield Coun tv Road & B ridqe T)ent.
Garfield County requests your comment in rr:view 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: Fred Jarman
109 8th Sfeet, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3410
Phone: 970-945-8212
General Comments: Garfield County Roar! :!t Bridse Department has no objections to
this exemption with the followins comments,.
A drivewav access oermit will be reouired conditions soecific to the access issuedohv Garfield Countv Road & Bridse This will inclrrde a naved or concrete
aDron attached to Cr. 301 (Morrisani Mesa F:oad A new drainase culvert will be needed')
as the old one is rusted and in poor . An onsite meetins at the access entrance
will be required to exolain the conditions of rhe drivewav access nermit. The drivewav
access oermit section on the buildins nermit will have to be siqned off after comnletion
of the drivewav reouirements.
Name of review agency: Garfield County R,cad and Bridge Dept
By:Jake B. Mall Date June 1.2006
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Revised 3/30/00
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o June 07, 2006
Mr. Fred Jarman
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
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RE: Review of Harris Exemption
Dear Fred:
This office has performed a review of the documents provided for the Harris Exemption. The
following comments, questions, or concerns were generated:
1. There is a drainage bisecting Parcel A that is not shown on the map. This drainage would be
better protected if it were mapped with an easement provided.
2. There are overhead utiiity lines that cross Parcel A and Parcel B. The utilities should be
relocated to the proposed easement or an easement provided for the current location. If the
utiiities currently have an easement, this should be shown.
3. The well test and water quality test need to be performed.
4. The existing septic system location should be determined to verify that there are no conflicts
with setbacks for the proposed Parcel.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
Sincerely,
Mountain Cross Engineering, lnc
Chris Hale, PE
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o o Jun. 09FRX N0. i 970-525-r,843FR0l"l :mPRESSink.
Oelivery via FAX
Mr, f red Jaruran, Garficld County Building aud Planrtittg
Carfield (-ounty Conrmissioners
109 Eighth Street
Glenwood Spring$, Clolorado 81601
6ti9l (-krurrty Itoatl 309
Partrchute, L-oloraclr: 81 (i35
9 June 2006
RECEIVED
JUN 0 I 2006
GARFIELD COUNTY
BUILDING & PLANNING
RE: Harris Subdivision Exemptiort Request
Dear Mr. Jarman and Cornmissioners,
I received only a flotice of this request by mail. As an adiacent landowner, Section IIL Procedural
RequuerlenL S. 16) states I should have ieceived notice by mail containing information as described under
fui',;*ph (11 *ti.H includes rnap$/plat, deeds, owflership, soil, proof of legal/adequate water, sewage disposal,
hre p-rotection pian and 1973 parcel proof. Tfris seems crifical to mi for an informed resporse yet I was. toid it wasn't
requ*ea. Looitng at documents irr Glcnwood Springs during counry hours is an unduc hardship' in the last thirty
days, I have drive*n by the property four times, mosirecently today, and the required notice has not been posted'
There are many inaccuracies in the irrformation, Deecls do match plat dimensions and angles, and quantities
do not match the PIat or request.
To their knowledge this date, Colorado Division of Water Resou.rces state neither well been legally
adjudicated i., rf," ter, fLs y.^s *ir,.* the perrnits were issucd nor have they- treen-asked for con'lmenls cm this
su6ivjsion. permitlSgilSis fo"a2.5 acre parcei late registratl6p, which is for theold house. soisexcluded foru'se
in this rcquest. permit L1g111covers the 36.32 acre rcmairiing parcel and is under the name of William Henry Haffis
ancl is listed ns rrn g gp- **ll. 't'his indicates to me a division of the ptoperty wag representcd to I-)wR in 1995'
*iil, o,r, drought iss,r-is in recent years, perfo.nance of wells in this at", ha*r" been drastically reduced, Since these
welln 6ave been operating for several years, testing and adjudication should be completed prior to reque$t apptoval'
I firrci the exemption request suspeet since it appears to have been done in 19&5 by.Vella and W' C' Moore' At
that tirne, two purcels w.i*.i.ut"a frim th" rpp*o*i**t..S7.acres remaining on the 1973 parcel confiSuration: .a
19
acre parcel owned by Vella Moore and the ar *-"[ p."""J which is now deedeJ to Andrew o.,d shi.luy Harris' with
a lcss.than-35-acre parcel created (legally or ili*gally), this should constihrte the subdivision exempbion a,d
prevent further divisions by exemption'
I was told the fire protection plan only contains suggestions to discuss a water source for respoflse issues' In
placing a new properry o*n.r r, usk "is troubiir,p sin.u thllole purPo.se of this request is to sell a parcel which can
;ffi;;il;;;;,'r;;i"l-iriJy o".",tird share or *a 8€p* -uil ',iith nostorage requiremenh seems inadequate
protection for the por".i. th* ,l,r*.*us p".rblerr," o,r*. tf,* years requiring co*nty authority attentiorr should merit
ireater safety and access requirements'
while the easement is non-exclusive, ifs original intent wasto access only one ho-use- (urrently is has not and
is not maintrined and is r*"duy ,i" two horrs.hotis crr*ently crn the property. A third household will exacerbate
the problems.
The plaruring deparhrent stated they rccommend conditional approval' My tecent experiences show the
cunditioiu are not aceomplished let alone *rifi*-a Cii"-r.rporclur" ^g.i'rcie.,
l*aring the neighbors to contend with
the deficiencies. I think the request should u- a""[a. Buoing thau fil .onditinn. s]hould be met and verifietl, therr
all intercstcd parties informed blfot* any other approval or permitting is done'
SincerelY,
"144i^; $?u*'"'-"
(Ms') Marion J' Wells
rEXHIBIT
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June 07, 2006
Mr. Fred Jarman
Garfi eld County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of Harris ExemPtion
Dear Fred:
This office has performed a review of the documents provided for the Harris Exemption. The
following comments, questions, or concerns were generated:
1. There is a drainage bisecting Parcel A that is not shown on the map. This drainage would be
better protected if it were mapped with an easement provided.
Z. There are overhead utility lines that cross Parcel A and Parcel B. The utilities should be
relocated to the proposed easement or an easement provided for the current location. If the
utilities currently have an easement, this should be shown.
3. The well test and water quality test need to be performed.
4. The existing septic system location should be determined to verify that there are no conflicts
with setbacks for the proposed Parcel.
Feel free to call if any of the above needs clarification or if you have any questions or comments.
Sincerely,
Cross
Hale, PE
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MOUNTAIN CROSS
ENGINEERING, INC.
Crvt nruo Eruvtnorumtxrll ConsurrtruG lNo DrstcN
Inc.
5261/2 Crand Avenue ' Glenwood Springs, CO 81601
PH: 97O.945.5544 . FAX: 970.945.5558 . www.mountarncross-en8.com