HomeMy WebLinkAbout2.0 Staff ReportDATE:
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RECORD OF CONVERSATION
OUTGOING:
INCOMING:
CONTACT:
FURTHER ACTION REQUIRED:
BOCC 4/2/90
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
Exemption from the Definition
of Subdivision
George & Vernice Broughton
A parcel of land situated in the
NW 1/4 of Section 30, T6S, R93W;
located 3 miles southeast of
Rifle on County Road 320.
The site consists of a 40 acre
parcel.
Individual wells
Individual sewage disposal
systems
County Road 320
A/R/RD
A/R/RD and O/S
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in District C - Rural Areas
with Minor Environmental Constraints, as designated on the
Comprehensive Plan Management District's Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject property is located in a
low density rural area with adjacent land uses including
residential, agricultural and open space. The property
consists of moderately sloping (<15%) table lands. The
site is currently occupied by a residence. County Road
320 forms the northern property line. County Road 317
crosses the southeast corner of the property.
B. Project Description: The applicants are proposing to
divide the existing forty (40) acre parcel into two
pieces; 25 and 15 acres respectively. Domestic water
will be provided from an individual well for the new
parcel, a surfacing spring for the existing residence as
well as irrigation rights to waters contained in
Taughenbaugh Ditch which bisects the property.
C. History: The applicants obtained the property in 1948
and the property has remained in the original
configuration.
III. MAJOR ISSUES AND CONCERNS
1. The application has been referred to the State Division
of Water Resources. They are presently reviewing the
application and may have comments prior to the public
hearing.
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2. The applicants have applied to the Division of Water
Resources for a permit to construct a well on the 15 acre
parcel. The remaining 25 acre portion will obtain water
from an as yet unadjudicated surface spring. If the
Board of County Commissioners authorize the creation of
the two (2) parcels, it should be noted that both State
Statutes and the Garfield County Subdivision Regulations
require that the Board receive verification of adequate
domestic water prior to the approval of the resolution
and the recordation of documents creating the new lots.
3. No environmental constraints, including topography and
soils, would preclude the development of the property for
residential and associated uses.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as
required by law 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 health, safety,
morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
APPROVAL, with the following conditions:
1. That the applicant submit evidence of a domestic water
source for each of the proposed parcels, consisting of
well permits or other verification acceptable to the
Board of County Commissioners prior to any formal
Resolution creating the tracts.
2. That the applicant obtain driveway access permits, or a
letter stating that permits would be issued, from the
County Road and Bridge Department for all new access
points onto C.R. 320 or 317.
3. That the applicant submit $200 in School Impact Fees for
the creation of one new lot.
4. 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.
5. That the following plat note be included on the
Exemption Plat:
a) Each lot may be subject to engineered
foundations and septic systems.
BEFORE iLIE BOARD OF COUNTY COMMISSIv1AERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned SHAWN VONDETTE for
GEORGE AND VERNICE BROUGHTON respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 40 acre tract of land into2 (two) tracts of
approximatel
Y 25 and 15 acres each, more or less, from the definitions of
"subdivision" and subdivided land" as the terms are used and defined in
C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
Exemption is requested so that a portion of the land may possibly be_ss1ld �1
date if so desired.
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale of 1"=200' showing the legal
description of the property, dimension and area of all lots or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. Vicinity map at a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
he exempted, and tenants of any structure proposed for
conversion; and
E. Evidence of the soil types and characteristics of each type; and
F. Proof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
G. If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973.
J. A $100.00 fee must be submitted with tapplication.
6 8 0 0 6 H -To y✓
Petitioner
8708 Co. Rd. 320
Mailing Adress
Rifle, CO 81650
City
(303) 625-1487
Telephone Number
State
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ROY ROMER
Governor
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
April 2, 1990
Mr. Mark Bean, Director
Garfield County Planning Dept.
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Broughton Exemption
NW1/4 Sec. 30, T6S, R93W, 6TH PM
Dear Mr. Bean:
JERIS A. DANIELSON
State Engineer
We have reviewed the above referenced proposal to subdivide a 40 acre
parcel into 2 lots of 25 and 15 acres. The proposed source of water for both
lots is apparently to be a new well, Permit No. 156538, which was permitted
for fire protection, ordinary household purposes inside up to 3 single-family
dwellings, the irrigation of 0.12 acres of home gardens and lawn, and the
watering of domestic animals. We have no objection to the proposal based upon
a shared well. We recommend that plat notes include provisions for common
ownership, operation, and maintenance of the well.
As an alternative to sharing the well mentioned above, the applicant may
surrender the existing domestic permit and obtain an in -house -use well permit
for each lot. These permits may be available after the County approves the
split and the owner cancels Permit No. 156538. Well use under these permits
will be limited to drinking and sanitary use inside a single-family dwelling.
No outside use for irrigation will be permitted.
JRH/JTS:clf/9443I
cc: Orlyn Bell, Division Engineer
Bruce DeBrine
Sincerely,
James R. Hall, P.E.
Supervising Water Resources Engineer
CAA
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