HomeMy WebLinkAbout2.0 BOCC Staff Report 01.03.1995•
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-)� 5 STAFF
BOCC 1/3/95
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
T
APPLICANT: Paul and Lydia A. Gipson
LOCATION: A tract of land located in Section 13, T5S,
R91 W of the 6th PM, located
approximately four (4) miles north of the
Town of New Castle, on the east side of CR
241 (East Elk Creek)
.SITE DATA: 10.5 acres
WATER: Well
SEWER: ISDS
ACCESS: CR 241
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District D - 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 site is located in the upper East Elk Creek drainage, north
of New Castle, in an area of historic agricultural and residential uses.
Improvements on the property include a two-story single-family dwelling unit,
a cabin, and several out -buildings associated with agricultural uses on the
property. The property is an irregular shaped parcel located in a narrow
canyon bottom, with total relief on the site of approximately 400 feet. The
location of the existing house and cabin are in the lower, relatively flat portion
of the property. Two ditches cross the parcel; an irrigation ditch runs along the
northern boundary, and a drainage ditch channeling runnoff from the basin to
the east runs along the southern boundary, and is carried under CR 241 to East
Elk Creek.
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A vicinity map is shown on page , and an improvement survey is
shown on page - - . The applicants cover letter is attached on page -.
B. Project Description: The applicant is proposing to split the 10.5 acre parcel
into two (2) parcels of approximately 3.5 and 7.0 acres in size. The approximate
configuration of the exemption is shown on the improvement survey.
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state 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 1,
1973, and is 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) or natural feature, preventing joint use of the
proposed tracts, and the division occurs along the public right-of-way or natural
feature, 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;
A deed submitted with the application describes the parent parcel on September
21st, 1971 (Book 423, Page 79). Therefore, up to four (4) parcels can be created
through the exemption process.
B. Zoning. Both exemption parcels are consistent with the required two (2) acres
minimum lot size for the A/R/RD zone district. Garfield County Zoning
Regulations allow for only one principle dwelling unit per lot. Lot 2 currently
includes an existing cabin, which would have to be removed or permitted as a
Guest House prior to the construction of an additional dwelling unit on the
property.
C. Legal Access. The parent parcel is accessed directly from County Road 241, and
the applicants have obtained an additional driveway permit from Road and
Bridge. The new driveway permit would be located approximately 100 feet
south of the existing driveway, and provide access to the proposed 3.5 acre
parcel. Conditions on the permit require that a culvert be installed for the
existing ditch to be crossed by the roadway.
D. Water and Sewer. The applicant intends on serving the exemption parcel with
an additional domestic well. An existing well is located on the property, and an
additional well application has spring on the property.
Staff referred the application to the State Engineer's Office. No response has
been received to date. Staff would suggest that a favorable response from the
State be a condition of approval.
Sewer will be provided by ISDS. Soils on the site are predominantly Arle-
Ansari Complex (#2) and Begay Sandy Loam (#11), both of which are
considered to have moderate to severe constraints for ISDS, due to slope and
depth to bedrock. Staff would suggest the following plat note:
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"Soil conditions on the site may require an engineered ISDS. Site-specific
percolation tests at the time of building permit submittal shall determine if
conventional ISDS are feasible on the site."
E. State and Local Health Standards. No State or Local health standards are
applicable to the application, with the exception of Colorado Department of
Health ISDS setback standards, which should be verified by an engineer.
F Drainage. The site is includes significant drainage ways on the southeastern
corner of the property. Depending on the proposed building envelope on Lot
2, drainage easements may need to appear on the final exemption plat.
G. Fire Protection. The Burning Mountains Fire Protection District has reviewed
the project, and had no comments (see Donald L. Zordel's October 29, 1994
letter on page -6' ' .
H. Easements. Any required easements (drainage, access, utilities, etc..) will be
required to be shown on the exemption plat.
I. School Impact Fees The applicant will be required to pay the $200.00 impact fee
prior to the approval of the final plat.
J. Natural Hazards. The site is not located in an area of soil, slope, or ISDS
constraints based on available Lincoln-Devore Hazard Mapping. Staff notes
that the applicant has proposed an additional dwelling unit southeast of the
existing cabin on Lot #2. Although staff did not walk the entire property, the
proposed site appears to have significant slope constraints. The applicant may
want to consult with an engineer regarding feasible building sites on Lot 2.
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
Staff recommends APPROVAL of the application, subject to 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.
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2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, access to a public right-of-
way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners
for signature from the date of approval of the exemption.
4. That the applicant shall submit $200.00 in School Impact Fees for the creation
of the exemption parcel.
5. That the following plat note shall appear on the Final Exemption Plat:
"Soil conditions on the site may require an engineered ISDS. Site-specific
percolation tests at the time of building permit submittal shall determine
if conventional ISDS are feasible on the site."
6. A favorable response from the State Engineer's Office must be received prior to
the signing of an exemption plat.
7. Control of noxious weeds is the responsibility of the property owner.
8. All construction shall be consistent with USFS Wildfire Prevention Guidelines.
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LEGAL DESCRIPTION
A truce of /and siluatod in tho SE1/4 of Suction T5S,
1?91W of the 6th P.M. lying Easterly of the County Road as
constructed and in pfaco, being duscribod as follows:
Beginning at a point on the Easterly lino of said road,
whence the East Quortor Corner of said Section 13 bears N
56'22' E 1738.39 feet; thence .5' 88'15'E 533.47 feet;
thence S 51'02'E 1175.75 foot to a point on the East lino
of said Suction 13; thence South 102.13 foot along the East
lino of said Suction 13; thoncc N 61'40' W 116746 foot;
thence S 52'58'30"W 536.05 foot to a point on the Easterly
lino of sa/d road; thence N 0233'30" E 249.75 fool along
the Easter/y lino of said road; thence N 12'41' W 97.40
foot along the Easterly lino of said road; thence N 0154'
E 140.73 feet along the Easterly lino of said road thence N
13'22'30" E 13560 foot along tho Easterly lino of said
road to the point of beginning.
County of Garfield
State of Colorado
IMPROVEMENT LOCATION CERTIFICATE
1 4 C01,
SEG 13
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1i 10/9, -J -Co/
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/ HEREBY CERTIFY 771AT THIS IMPROVEMENT LOCATION CERTIFICATE WAS
PREPARED FOR C, THAT IT IS NOT A LAND SURVEY PLAT
OR IMPROVEMENT SURVEY PLAT, AND THAT /T' IS NOT TO BE RELIED UPON FOR
THE ESTABLISHMENT OF FENCE BUILDING, OR OTHE/? FUTURE IMPROVEMENT
LINES,
/ FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE. DESCRIBED PARC.`
ON THIS DATE, 1, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN
THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO
ENCROACHMENTS UPON THE DESCRIBED PREM/SES BY IMPROVEMENTS ON ANY
ADJOINING PREMISES EXCEPT AS INDICATED, AND THAT THERE /S NO APPARENT
EVIDENCE OR SIGN OF ANY EASEMENT CROSSING 0/? BURDENING ANY PART OF SAID
PAR,, L„ EXCEPT AS NOTES,
RIC///
HARD L..HOLSAN, L.S. 13501
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NOTE:
NATIONAL F1000 INSURANCE MAPS DO NOT INDICATE PROPERTY AS BEING /N
A 100 YEAR FLOOD PLAIN.
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(J03) 876-2947
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1520 241 ROAD
NEW CASTLE, COLORADO
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REASONS FOR REQUESTING SUB DIVISION
We, Paul and Lydia Gipson were married in 1968 and purchased
this home in 1971. We have spent most of our married life here,
sharing with the old-timers in the community at least once each
year for the last 18 years by hosting an "old timer's community
picnic". We would like to live out as many of the remaining years
of our lives on this property as possible. However, due to our ages
and health( Paul's emphazema and Lydia's arthritis) it is becoming
increasingly more difficult to continue maintaining our home as well
as we would like to. Both, financially and physically. It is our
hope that/y building a smaller, more convenient home on level ground,
we can continue here for a lengthier time.
One of our daughters has indicated a desire to purchase par4:
of our land(the house we are now living in and approx. 6 to 7 acres.)
By doing this we will have help and the home will remain in our family.
I, Lydia Dwire Gipson, was born and raised in the community
and we have raised five children here. We want so much to continue
our life here on East Elk Creek.
Also, we understand that this is a one-time thing. If we sub -divide
now, only splitting this into two parcels, there should be no
chance of it ever being split into smaller parcels in the future,
ruining this beautiful valley.
Respectfully
2
Board
Ross Talbott - Chairman
William Montover
Sean Mello
Tom Voight
Gordon Witzke
•
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Don Zordel - Chief
Stu Cerise - Assist. Chief
Oct. 29, 1994
To Whom it May Corcern;
This is to inform you that the tract of land gituated in the S.E.
of section 18, T5S, R91W of the 6th P.M. lying easterly of the County
Road as constructed and in place is within the Burning Mountains
Fire District, and we do provide fire protection.
YOURS
Donald L. del
District Cheif
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