HomeMy WebLinkAbout2.01 Staff Report 12.06.1993• •
BOCC 12/06/93
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Kenneth and Fay Stroeder
LOCATION: A parcel of land located in a portion of
Section 26 and Section 35, T6S, R92W of
6th P.M.; Located adjacent to County
Road 326, approximately 3.5 miles south of
the Town of Silt.
SITE DATA: 80 Acres
WATER: Well
SEWER: Proposed ISDS
ACCESS: Access Easement from County Road 326
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREIIENSIVE PLAN
The site is located in District C - Rural Areas - Minor Environmental Constraints) as
designated on the Garfield County Comprehensive Plan Management Districts' Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The parent parcel is located approximately 3.5 miles south of
Silt, adjacent to County Road 326. An existing 30' by 68' mobile home is
located on the northeast portion of the property, with the remainde/- in irrigated
pasture and native grasses. A vicinity map is shown on page it' .
B. Project Descri tion: The applicant is requesting an exemption to split the 80
acre parcel into two (2) parcels of approximately 2.8 and 77.2 acres in size. Since
the 77.2 acre parcel exceeds 35 acres in size, only the 2.8 acre parcel is subject to
Garfield County exemption regulations. Kenneth and Fay Stroeder have given
tht permission to Mica Stroeder to apply for the exemption (see letter on page
). A sketch plan of the proposed exemption is attached on page " G
The exemption is being requested due to the natural split of the 2.8 acre parcel
from the remaining parent parcel.
• •
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that 'No more than a total offour (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 ofa recorded subdivision; however, any parol to be
divided by exemption that is split by a public right-of-way (State or Federal
highway, County road or railroad) or natural feature, preventing joint use ofthe
proposed tracts, and the division occurs along the public light -of way ornatural
feature, such parols 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,
parol, interest or dwelling unit limitation otherwise applicable;
Records in the Garfield County Clerk and Recorder's Office indicate that the
parcel was approximately 1,706 acres in size in January of 1973. The parcel has
been split numerous times (at least 8) since 1973. All of the splits have created
parcels greater than 35 acres in size, and not requiring County approval. The
applicants are applying for an exemption under the provision for natural splits
due to the County ROW. Additional splits are possible through the full
subdivision process.
B. Zoning. All lots conform the two (2) acre lot minimum lot size for the A/R/RD
zone district.
C. Legal Access. The applicant is proposing to access the proposed exemption lot
directly from County Road 326. A driveway permit from Garfield County Road
and Bridge will be necessary prior to the recording of a final exemption plat.
D. Water and Sewer. The applicant has applied to amend an existing well permit
to allow for two dwelling units to be served by an existing well. The State
Engineer's Office has responded to the application (see pages 71E' g ). Of
particular note is the reference to no prior subdivisions of the 80 acre parcel since
1972. Staff assumes that if the parcel has been divided since then, augmentation
may be possible.
Individual 1SDS is proposed for the exemption parcel. Soil units of the site
include Olney, Torriorthents-Camborthids-Rock outcrop, and Olney. All of
these soil types are considered to present only moderate constraints to ISDS with
regards to slope. The slopes on the site do not appear to exceed 15 percent. No
plat notes appear necessary in regards to ISDS feasibility.
E. State and Local Health Standards. No State or Local health standards are
applicable to the application.
F. Drainage. No drainage easements appear to be necessary, but should be verified
on the field by the applicant's surveyor.
G. Fire Protection. The Sit -New Castle Fire District has not responded to the
application. Staff suggests that this be a condition of approval.
b fes•
H. Easements. The Final Exemption Plat must include access easements, water
easements (if necessary) and any easements necessary for drainage.
I. School Impact Fees. The additional lot is subject to the required $200.00 per lot
school impact fee.
J. Natural Haars. Staff referenced the Lincoln - Devore Laboratories Natural
Hazards Mapping for the site. The proposed exemption is not located within an
area of Soil, Slope, or Groundwater/Septic System constraints.
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.
V. RECOMMENDATION
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 will be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, and any proposed easements for
drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners
for signature. Extensions of time may be granted if requested prior to the
expiration date.
That the applicant submit $200 in School Impact Fees for the creation of each
new lot.
5. Control of noxious weeds is the responsibility of the property owner.
A letter indicating approval by the appropriate fire district will be required prior
to the signing of an exemption plat.
At the time of preparing a final plat, the applicant's surveyor shall determine the
status of the County ROW, and dedicated easements-benecessary.
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OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Slreet, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
i9r1-1(.trI
tiait_E OF COLORADO
GP,l=iFiLU3 CUUN 1 Y
November 12, 1993
Mr. Dave Michaelson, Planner
Garfield County Building and Planning
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Roy Romer
Governor
Ken Salazar
Executive Director
1 lal D. Simpson
State Engineer
RE: Stroeder Subdivision Exemption
SW1/4, SW1/4, Section 26 and NW1/4, NW1/4, Section 35, T6S, 1192W, 6th P.M.
Water Division 5, Water District 45
Dear Dave:
Thank you for referral for a subdivision exemption located approximately 3.5 miles south of
the Town of Silt for Kenneth and Kay Stroeder. The applicants are requesting to split an 80 acre
parcel into two parcels of 2.8 and 77.2 acres. Since the 77.2 acre parcel exceeds 35 acres, only
the smaller lot is subject to the exemption process. The proposed source of water will be an on-
site well.
The applicants have submitted a permit application, receipt 360204, for a household use
only well located on the 2.8 acre parcel in the NW1/4 of the NW1/4 of Section 35.
Pursuant to Section 30-28-136(h)(I), C.R.S. 1973, the State Engineer's office offers the
following opinion for your consideration regarding material injury to decreed water rights and the
adequacy of the proposed water supply.
We could issue a household use only permit for the 2.8 acre site, subject to the following
conditions:
1. The 80 acre parcel has not been previously subdivided or exempted since 1972. We
consider this a one-time exeniption and will not make additional permits available for future
splits of the 2.8 acre parcel nor a parcel less than 35 acres.
2. The well permit will be limited to use inside one single family dwelling only. Outside use for
lawn and garden irrigation or livestock will be prohibited. Plat notes and covenants should
reflect this limitation.
3. The applicant should provide proof that an evaporative wastewater system will not be
required. We could not issue the well permit if any evaporative system is required.
(111
Mr. Dave Michaelson, Planner
Novernber 12, 1993
Page 2
4 The well permit application must be accompanied by documentation that Garfield County
approved the subdivision exemption. We cannot recommend approval of a permit without
this documentation.
Should you have:further questions or comments regarding the water supply for this project,
please contact me at the above address.
Sincerely,
Judy T. Sappington
Water Resources Engineer
JTS/jmg
cc: Orlyn Bell, Division Engineer
Bob Klenda, Water Commissioner
stroeder.sub