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HomeMy WebLinkAbout2.0 Staff Report BOCC 12.08.03Exhibits for Public Hearing on 12108103 (BOCC) rE*hibit,' A Mail Receiots B Proof of Publication C Garfield Countv Zonins.Rezulations of 1978. as amended D Garfield County Subdivision Rezulations of 1984, as amended E Garfield Countv Comorehensive Plan of 2000 F Aoolication G StaffMemorandum Wl- a' + n 5*'"^'/ Y^'t\t-*'l{ It Ut 4fu Y }=\ -*\\ \_\ TO: FROM: RE: DATE: Janet Steinback Fred Jarman, Garfield County Pollard Subdivision Exemption Decernber 8, 2003 Janet, Here's the site plan for the three exemption lots proposed by Pollard. Thanks, Fred P(ARD EXEMPTION PLAT situote inthe NWl/4, section 4, Township 6 south, Range 92 west of the sirthP.M., County of Garfi.eld, State of Colorado County Road No. 233 bnh 1/a AM ffi^4@ Easement Detail for Parcels 1, 2 & 3 Wl/1@tu*^1N@tuh@w o I I I+ I I trll|i.; I I Vdl/1dhosdl tu@6h.r@ Countg Road No. 229 W fiAEdM t,affi@qn@t @lRlrol(;|lllilll|,l:m8@o@ruMO9@_at8-aDN,qml,|!i|:Mrlilffi&wAwlww [ffimrq-_ m[rc@w wvw couMrr suRrDrI,B, I ctfr:Ilr'r,/afiE *^**w&rMmtu,* NWMMM %@BP,ll.lilligt,ltMlwM)WDrufuWABB@M@@r@a@m&www@rMM@WOWNftwmlli,ffia/reL2M',MWNreME@rs@@ @IqI4om rurMt@qw@ffiwq@ wwfrE_4r*_&^@eM@,@MtudN%tMDMMAW4WMfutfrl!|lrcPllltl&alillw@MM CERTTFICATD OT DEDICANONAND O rcr&@arrcPiryS Bul|@llli,lrol&EwowaoFutu@@, gltuq@M, SrcU@{, swws Atuq qw lruBN ffi Wt/1@SWt <ffiw& t/ffi,Nrcwwulwl1@allNr/awllMww/M/wu4 Ab wnuMA@&etuw*M wq CI.ERE A'YD RDCORDERS CEFITT'ICAI M,WAt_WJ,dM_a {!.& su, &l@atutmft@NM M '@&ru wtuWE 1W.NrcprcG,@ d' B €RIiNCctIE d. d&e@ &-M GnAPHIC SCrl.E mrcut?gmaf flw83 fi{€.,s tt:* 1il@ :tt,l'tNFt COt ttb A@tr.(oo) ,',-t'',l*x.(rlot 6-t7t trE,lH. Di tantr{€oJri.tcot, REOUEST: OWNER (APPLICAITID: PROPERTY LOCATION: SITE DATA: WATER: WEB: ACCESS: EXISTING ZONING: SURROUNDING ZONING: STAFF RECOMMENDATION: BOCC 12108t03 FI Exemption from the Definition of SuMivision Wayne Pollard & Victor Garzi Intersection of CR 229 and CR 216 on Silt Mesa northwest of the Town of Silt. 121.7 acres Shared Well / Individual Wells ISDS CR229 and CR 233 A/R/RD A/R/RD Approval with conditions PROJECT INFORMATION AND STAFF COMMENTS I. DESCRIPTION OF TIIE PROPOSAL The Applicant requests approval from the Board to subdivide their l2l acre property on Silt Mesa into a total of four (4) lots; two lots would contain 3.2 acre lots, one lot would contain 3.5 acres, and the fourth lot would contain 111.7 acres. The property is located a few miles northwest of the Town of Silt in the Silt Mesa area and is bordered by CR 229, 276, and 233. The Applicant proposes to create three small residential lots in the southwest corner of the II. IIr. IV. propertythat share a well and have access off of CR 22g.Theremaining larger fourth lot will have its own two wells and access could come from either CR 229 of CR 233. T\e photo on the previous page shows a view taken from CR 216 looking northward across the three parcels to be created in the southwest portion of the property on the corner of CR 229 and CR 216. AUTHORITY OF TIIE BOARD OF COUNTY COMMISSIONERS Section 8:10 provides the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, therebS from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exernption will not impair or defeat the stated purpose ofthe Subdivision Regulations nor be detrimental to the general public welfare. GENERAL COMPLIAI\CE WITH THE COMPREIIENSIVE PLAN Thepropertyis locatedin StudyArea2.Theareais designated as "outlyingresidential"intheplan which assumes the development density ofthe underlying zone district of a minimum of2 acres or more per dwelling unit. The property is located within the Silt 2-mile sphere of influence. STAFT'COMMENTS A. Resulations for Exemption Oualification Section 8.52 of the Garfield County Subdivision Regulations states thatuNo more than a total of four (4) lots, parcels, interests or dwelling units will be createdfrom any parcel, as that parcel was described in the records of the GarJield County Clerk and Recorder's Ofice on January I, 1973, and is not a part of a recorded subdivision. For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January I, 1973, will count as parcels ofland created by exemption since January l, 1973." StaffFinding The original parcel which is the subject of this exemption request was 121.706 acres and in the same configuration on January 1,1973 as it is today. Stafffinds this standard to be met. It should also be noted that Govemment Lot 4 (Antlers Orchard [,ots 7, 8, 9, and 10 were also conveyed on these deeds but are separate lots and not part of this request.) As a matter of history the chain of ownership shows l) Dewey and Rollin Williams sold Government Lots 3 and 4 to Dewey and Mollie Williams in 1959, then 2) Dewey and Mollie Williams sold Government Lots 3 and 4 to Milton and Geraldine McPherson in 1968, than 3) Milton and Geraldine McPherson sold Government Lots 3 and 4 to Wayne Pollard and Victor Garui in 1991. This is further established by the deeds submitted by the Applicant. The property qualifies for this Exernption. B. All Garfield Countv zoning requirements will be met StaffFinding The property is zoned Agricultural/ ResidentiaV Rural Density (A/R/RD). As proposed, the lots comply with the minimum lot size. All proposed uses shall comply with the uses set forth in this zoning and all structures shall comply with the dimensional requirements stated therein. The proposed exemption will not conflict with the underlining zoning as proposed. Stafffinds this standard to be met. v 2 C. Leeal and Phvsical Access Section 8:52 C states: "All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained, or are in the process of being obtained"; StaffFinding The property is located such that three County Roads (CR 216, CR 22g,and CR 233) run along portions of the property providing ample opportunities for access to a public road. The Applicant proposes that Lots 1,2, and 3 will have access to CR 229 andlot 4 would have access to both CR 233 and CR 2 I 6. The Applicant shall be aware that driveway permits shall be obtained by the Road and Bridge Department. Staff finds this standard is met. D. \[ater Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an exemption unless the division proposedfor exemption has satisfied thefollowing criteria: Provision has been madefor an adequate source ofwater in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot"; StaffFinding At present, the property has two wells, the McPherson Well and Well #171472. The Applicant proposes to maintain the use of these two existing wells on proposed Lot 4 (containing I I I acres). The McPherson Well is an adjudicated well; both the well permit and the court decree (case no. W- 905) establishing the legal rights of that well have been included with the application submittal materials. The second well on the property to be used on the lot 4 was originally constructed as a monitoring hole and later re-permitted via a "permit to use an existing well" (#171472). Both wells are in good standing with the Division of Water Resources. The Applicant proposes to provide domestic water to Lots I - 3 with one well augmented with a West Divide contract. This well has been perm itted (#242127)by theDivision ofWater Resources to provide water up to three single-family dwellings and the irrigation of not more than l-acre of home gardens and lawns and the watering of domestic animals. In addition, the Applicant has obtained a water augmentation contract for 1.32 asre feet from the West Divide Water Conservancy District (#030821LC(a)) for this well which is an activated contract. The Applicant proposes to establish a Homeowners Association for lots I - 3 called the Ione Cottonwood Owner's Association to administer the well sharing agreement and water augmentation contract. This well was drilled in April of 2003. While it appears the legal water rights have been properly established to serve the proposed 4 lots of the exemption, the Applicant has not provided any information regarding the adequacy of the wells' physical supply. Therefore, as normally required, the Applicant shall be required to provide pump tests on all ofthe wells proposed to provide water to the lots created as part ofthe exemption pursuant to Section 8:a2(D) of the Subdivision Regulations of 1984, as amended which requires that "prior to the signing of a plat, all physical water supplies shall demonstrate the following: 3 That a four (4) hour pump test be performed on the well to be used; A well completion report dernonstrating the depth of the well, the characteristics of the aquifer and the static water level; The results of the four (a) 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 of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 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; The water qualitybe tested by an inde,pendent testing laboratory and meet State guidelines concerning bacteria and nitrates. E. Sewer "The Board shall not grant an exemption unless the division proposedfor exemption has satisfied thefollowing criteria: Provision has been madefor an adequate source ofwater in terms ofboth the legal and physical quality, quantity and dependabiltty, and a suitable tupe of sewage disposal to serve each proposed lot"; StaffFinding The Applicant proposes that wastewater from the 4lots will be dandled through Individual Sewage Disposal Systons (ISDS). Based on the soil 61pes in the area, Staffshall require that the Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. This shall also be included as a plat note on the final plat. F. AII state and local environmental health and safetv requirements have been met or are in the process of being met StaffFinding There are no additional state or local health or safety requirements to be met as a function of this Exemption. The Applicant shall be required to comply with all ofthe standards and criteria for the construction of ISDS as required by the Colorado Division of Public Health and Environment. Stafffinds this standard to be met. G. Soils StaffFinding The propertyproposed for lots I - 3 contains soils called Potts Loam which indicate community development and recreation are limited by low strength and shrink swell potential. Dwellings and roads can be designed to compensate for these limitations. Staff shall require that Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. This shall be included as a plat note on the final plat. 1. 2. 3. 4. 5. 7. 4 v. H. Fire Protection Staff Finding The application contains a letter from Brit Mclin, the District Chief of the Burning Mountain Fire Protection District, stating they have no objections to the proposal. I. Anv necessary drainaee. irrieation or utilitv easements have been obtained or are in the process of being obtained StaffFinding The Applicant proposes to share a well between lots I - 3. In doing so, the Applicant has depicted the necessary easements related to that well. Physically, it appears the well is located on Lot I and provides a water line to lots 2 and 3 within a l5 foot wide easement. The well itself has a 30 foot diameter eassment for the well head, pump, pumphouse, and pipeline facilities. The plat also shows a 30 foot wide access easernent from CR 229 along the lot lines of lots I and 2. The easements will need to be drafted to legally establish ownership, use, and maintenance responsibilities to be administered through the Homeowner's Association. This easernent shall be depicted on the final exernption plat with a book and page notation of it's location in the County Clerk and Recorder's Offtce. In addition, there is a ditch that runs along the east property lines of the proposed three small lots. This shall need to be cleady and correctly delineated on the final plat. STAFF RBCOMMENDED 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 exernption 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 the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE this application for a subdivision exemption with the following conditions: 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. vI. 5 2. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of conditional approval of the exemption. 3. The Applicant shall submit a well sharing agreement that determines what entity (such as an HOA) owns, maintains, and govems the use of the well including the supporting infrastnrcture such as thepumphouse, pump, waterlines, etc. In addition, the agreement shall also determine who owns and administers the water rights (1.32 acre feet) provided for in the West Divide Water Conserancy District contract (#030821LC(a)). Lastly, the agreement shall include a reference to the easement depicted on the final exemption plat. This easement shall be recorded in the County Clerk and Recorder's Offrce and its book and page shall be noted on the final N,I;i# $$$b ff*'"*':ffi::i*if,Ti-iH,?:l','ii::*:"1i:*'::y:,1*a:i::3':i:rgrinesortheproposed three small lots. This shall be clearly and correctly delineated on the final plat. , *.1 l\u *.*,, ol $;n^l pl*l Coavt^1i\ fu, -14 u,>'n[' *4rl * ** l\u *.nr,-. ol S;n.l pl*l 6av\;\ fu, t dedicAtifff ) u*.t\ut f ",4^, orro,;^r$ *t,?\ PO*" Applicant shall record a separate a..a iaffi'' t")*"'.i* ti"d-;:,:,44 ).7 n/\-/ +1"- HaA-. T$, D' 6. Prior to the signing of a plat, the Applicant shall provide proof to the Building and PlanningV/ Dmar*mmllhol a.',all +oo+L^-L^^- ^^*-l^+^,l f^-+L^ l--.^ll:-----:r ^- t^. I ---l-:-t-Department that a well test has been completed for the accessory dwelling unit on lot I which demonsftates an adequate pump rate and water quality pursuant to subset a - g below. If the aforementioned proof is not submitted, the Applicant shall be required to conduct a well pump test that demonstrate the following points: That a four (a) hour pump test be performed on the well to be used; A well completion report demonstrating the depth of the well, the characteristics ofthe aquifer and the static water level; The results of the four (a) 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; An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 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 payrng these costs and how assessments will be made for these costs; g. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. 7. That the following plat notes shall appear on the Final Plat: a) No further divisions by exernption from the rules of Subdivision will be allowed. a. b. 6 b)No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid-fuel buming stove as defied by C.R.S. 25-7-401, et. sew., 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 will be the minimum amount necessary and all exterior lighting will 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. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. 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 ofGarfield County's agricultural operations as anormal and necessaryaspectoflivingin a County with a strong rural character and a healthy ranching sector. 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 properly in accordance with zonin& 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. One (l) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. c) d) e) s) @ i '',{^,^ \* k*, _l**, (, WrL'