HomeMy WebLinkAbout2.0 Staff Report BOCC 06.13.05Exhibits for Roger/Sprecht Exemption 061 13105
Proof of Mail and
Proof of Publication
Garfield County Zonrn lations of 1978, as amended
Garfield Count ive Plan of 2000, as amended
Garfield County Subdivision of 1984, as amended
Staff Memorandum
Application Materials
Letter from S Arthur dated 612105
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Exhibit
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PROJECT INFORMATION AND STAFF COMMENTS
BOCC 6113105
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Exemption from the Definition of Subdivision
Ron Rogers & Lisa Specht Living Trust
Caloia, Houpt & Hamilton, P.C.
A portion Section 18, Township 7 South,
Range 92 West of the 6th PM (approximately 7
miles south of Silt, off of CR 313)
41.27 acre parcel
Well
Individual Sewage Disposal System
CR 313 (East Divide Creek Road)
ARRD
ARRD
REQUEST
APPLICANT
REPRESENTATTVE
LOCATION
SITE DATA
WATER
SEWER
ACCESS
EXISTING ZONING
ADJACENT ZONING
I. DESCRIPTION OF THE PROPOSAL
The Site: The property is generally located approximately 7 miles south of Silt. The property's
topography is undulating with steep hillsides as well as gently sloping and fenced pasture areas.
The property slopes from the north to the southwest. The original ranch house is located in the
southeast portion of the property, just to the north of the County road. The residence has an existing
well and an individual sewage disposal system (ISDS) for wastewater. County Road 313 splits the
lower pasture area from the steeper hillsides on the north side of the road.
The Proposal: The Applicant proposes to formally split the 47 .21 acre property into two lots (Lot A
having 42.09 acres and Lot B having 5.18 acres) The 5.18 acre parcel has the previously noted
house, with an existing well and ISDS. The 42.09 ac. tract will be able to share the existing well
and would have an ISDS constructed on the property in conjunction with the construction of any
future residences. The existing house has a driveway off of CR 313 and the larger parcel has other
access points that would be subject to approval of a driveway permit by Road and Bridge. Portions
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of the larger lot are split by the County road.
tr. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in Study Area II and is designated as "Low Density Residential" on
the proposed land use district map of the Comprehensive Plan which suggests an overall density of 2
acres per dwelling unit or greater. The proposal, if approved, will result in an overall density of 23.5
acres per dwelling unit which is consistent with the suggested Comprehensive Plan density.
Itr. MAJOR ISSUES AND CONCERNS
A. Subdivision Resulations. 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 l, 1973. In order to qualifi for exemption, the parcel
asitexistedonJanuary l,l9T3,musthavebeenlargerthanthirtyfive(35)acresinsizeatthat
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 thirtyfive (35)
acres or greater in size, created after January I , I 97 3, will count as parcels of land created by
exemption since January l, 1973."
B.sraff Findins
The Applicant provided the history of the property which shows that the property was originally
acquired in 1946 as Government Lot 2 and subsequently merged into a larger holding that the
applicants purchased in 1989. The applicants Quit Claimed GovernmentLot? to the Trust in
April of 2005. This created the 47.27 ac. tract by exemption from the definition of
subdivision, due to the lot being in excess of 35 acres and the remainder of the ranch exceeds 35
acres. As a result of this application, the applicant will have used two of the four lot splits
noted in Section 8:52 of the Subdivision Regulations.
C. Zonrng
The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD
zone district. A split would not render any nonconformities regarding setbacks and existing
structures.
D. lrgal Access
l-egal access is presently provided from County Road 313 to Parcel B. Access to proposed
Parcel A will require a separate driveway off of CR 233, which will require the County Road
and Bridge Department to approve a driveway permit application for any new dwelling unit to
be built on proposed Parcel A.
a
E. Water
Domestic water for both of the proposed parcels is presently provided by an exempt well
(permit #251111) by the Division of Water Resources. This well permit states the well may
provide water up to two (3) single-family dwellings, fire protection, watering of domestic
animals, and the irrigation of not more than one acre of lawn / gardens.
Prior to the signing of the plat, all physical water supplies shall demonstrate the following:
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 100
gallons of water per person, per day;
f. The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
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.
Because the Applicant will share this well and water between Parcel A and B, the applicants
need to develop a "Water Well Community Sharing and Maintenance Agreement" which
establishes the terms of ownership and maintenance for the well between Parcel A and B.
Further, the agreement needs to state that the Subdivision Exemption Homeowners Association
shall be responsible for enforcing these terms. An easement around the well and the waterline to
Parcel B shall be legally defined and delineated on the plat as well as attached to this agreement.
E. Sewer
Parcel B has an existing ISDS syStem serving the legally placed dwelling units. Parcel A has
two types of soil on it, neither of which precludes the use of ISDS on the property. An
approved ISDS will have to be built with any new residential structure. fndapp-Ifcztiurrdoes
meet Sections 8:52 (D) and (E), which require a snitahle type ef sew.t- iasce-
with the applicable local and state environmental health regulations.
F. State and Local Health Standards
Colorado Department of Public Health & Environment ISDS standards require the County to
issue an ISDS permit for all such systems installed in the County. Each of the ISDS on the
property appears to be in compliance or capable of complying with the State and County ISDS
regulations.
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G. Drainaqe
ffis'.,-:=""===
The parcel to be created by exemption, in its natural state, appears to be prone to potential
drainage problems. The area directly above the existing residential structure has very little
vegetation due to it being a large swale. Since the house has been there for a number of years,
it appears that the drainage issue has not caused a problem for the structure. Any future
development, north of the road on Parcel A, should be done cautiously, due to steeper slopes
and the potential for loose rocks. Site specific investigation prior to issuance of any additional
building permits may be required.
H. Fire Protection
The applicant was advised by Brit Mclin, Fire Chief for the Burning Mountain Fire Protection
District that approval from the District should be obtained after the application is submitted to
the County. Prior to the approval of an exemption plat, the applicant will need to obtain a
letter of approval from the Burning Mountain Fire District and incorporate any
recommendations for fire protection into the plat notes on the plat.
L Easements
Any required easements (drainage, access, utilities, etc.) will be required to be shown on the
exemption plat. This includes easements that describe the location of the well, water line, and
irrigationwaterlinesharedbetweenbothparcels.s
e
noted*on-thsplal
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J. School Impact Fees
The Applicant shall be required to pay a $200.00 school site acquisition fee for the newly
created lot, prior to the approval of the exemption plat.
K. Mineral Owners Comments:
Stephen Arthur submitted a letter noting that there are severed mineral rights on the property,
but that he has no objection to the splitting of the property, provided a plat note is included to
note this fact.
L. Other Issues
Section 8:60 (D requires the following statements be placed as plat notes on any subdivision
exemption plat and other plat notes are standard for rural areas:
1. "Control of noxious weeds is the responsibility of the property owner."
"One (1) dog will be allowed for each residential unit 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".
4. "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 allow for safety lighting that goes beyond the
property boundaries".
5. "Coloradoisa"Right-to-Farm"StatepursuanttoC.R.S.35-3-101,etseq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
of Garfield County's agricultural operations as anormal 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 Countypolicyprovide
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.
2.
J.
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IV.
6. 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."
RECOMMENDED FINDINGS
That proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
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.
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.
4. That the application has met the requirements of Section 8:52 (Exemption from the
Definition of Subdivision) of the Garfield County Subdivision Resolution of 1984, as
amended.
RECOMMENDATION
Staff recommends the Board approve the request for an Exemption from the Definition of
Subdivision by the Ron Rogers and Lisa Specht Living Trust, finding the proposal meets the
provisions of Section 8:00 of the County's Subdivision Regulations of 1984, as amended 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 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 allowedfor each residential unit within a subdivision and the
dog shall be required to be confined within the owners property boundaries."
1.
2.
J.
V.
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"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.25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. AU
dwelling units will be allowed an unrestricted number of natural gas burning stoves
and appliances".
"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 allow for safety lighting that goes beyond the
property boundaries".
"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 CounQ 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.
"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 Toning, 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."
"The mineral rights associated with this property have been severed and are not
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. The applicants need to develop a "Water Well Community Sharing and Maintenance
Agreement" which establishes the terms of ownership and maintenance for the well
C.
d.
e.
f.
o6.
-7-
5.
6.
7.
between Parcel A and B. Further, i+*;len
EAn
easement around the well and the waterline to Parcel B shall be legally defined and
delineated on the plat as well as attached to this agreement. This document shall be
provided to the County for.review as part of the final plat submittal.
4. Prior to approval of the exemption plat, the applicant shall obtain a letter of approval
from the Burning Mountain Fire District and incorporate any recommended fire
protection measures as plat notes on the Final Exemption Plat. A copy of the letter will
be included with any Final Exemption approval request.
The Applicant shall be required to pay a $200.00 school site acquisition fee to the RE-2
School District for each newly created lot at the time of final plat and prior to final
recordation of the final plat.
Regarding weed management, the Applicant shall 1) provide a map and inventory of any
County Listed Noxious Weeds on the 47.27 acre parcel and 2) provide a weed
management plan that addresses any inventoried noxious weeds found on the property.
The Applicant shall submit an approved well permit issued from the Colorado Division
of Water Resources as part of the final plat submittal. No submittal shall be accepted by
the County without this well permit. As normally required, prior to the signing of the
plat, all physical water supplies shall demonstrate the following as part of the final plat
submittal:
That a four (4) hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the characteristics of
the aquifer and the static water level;
The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
An assumption of an average or no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
a)
b)
c)
d)
e)
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EXHIBITfiH
Board- of CormtY Commissioners
Garfield- County, State of Colorado
Suite 100, 108 8th Street
Gl-enwood, Springs, CO. 81501
KEECEIVE
JUN 0 3 2005
H.}fifr?33H$il J.xte 2, 2005
Attention: Planning DePartment
RE: public Meeting June 11, 2OO5 aL 1:1! p.m. Ron Rogers & Lisa speeht
subd-ivision exemption application'
Dear Sirs: As regard-ing the proposed d-ivision of property (Government Lot' 2
Sectionls,Township?South,RangeglWestofthe5trrr.u.)Id-onotobject
to the d.ivision with this stipulation, That the fact of severed- mineral rights
exist is clearly stated- in the plat of the two separate acreaSes'
I will probably not be in attend.ance at the meeting, but would' like this to
be read- into the record-.
Stephen E. Arthur
P.o.Box 55
Rangely, CO. 8L548
CC: Caloia, HouPt & Ilamllton