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Home My WebLink About2.0 Staff Report BOCC 4.5.93II BOCC 4t5t93 PROJECT INFORMATION AND STAFF COMMENTS REQUEST:An exemption from the definition of subdivision. APPLICANT:Linda Graviett LOCATION:A parcel of land located in Section 36, T5S, R92W of 6th P.M.; Located at 0407 County Road 261, approximately 1.5 miles north of the Town of Silt. STTE DATA:The site is approximately 10.25 acres. WATER:Proposed well SEWER:Proposed LS.D.S. ACCESS:Direct access from County Road 261 FXTSTING ZONING:A/R/RD AUACENT ZONING:A/zuRD I. REI ATIC}NSITIP TO THE COMPRFI{ENSTVF PI AN The site is located in District C - Rural Areas / Minor Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTTON OF THE PROPOSAL A Site Descrintion: The parcel is bordered on the east by County Road 261, just east of the Panoramic Mesa subdivision, approximately 1.5 miles north of the Town of Silt. The parcel is relatively flat, and is dominated by native grasses. The property currently includes a two-story single-family dwelling unit and two out-buildin and improvement location certificate is attached on page gs (shed and workshop). A vicinity map is attached on page -o?-. Adjacent land uses include irrigated agricultural land and single family residential uses (land use map is attached on page - 3 - > C. III. Subdivisioh Regulations. Section 8.52 of the Garfield County Subdivision Regulations state that "No nlore than a total offour (4) tots, parcels, interests ordwelling units will be created [iom any parcel, as that parcei was described in the records of the Garlietd County clerk and Recordei's o1lice on lanuary l, 1973, and is not a part of a recorded subdivision; however, any parcel ti te diuided by exemption that is sprit by a pubric right-of way (state or Federar highway, Countyroadorrailroad) ornaturalfeaturc, preventingjoint useoftheproposed tracts, and thediuision occursalong thepublicright-oFwayornatural feature, such parcels thereby created may, in the discretion of the Board, not beconsidered to have ben created by exemption with regard to the four (4) lot,parcel, interest or dwelling unit timitation otherwise applicabte; As discussed above, the exemption request is consistent with requirements of Section 8.52. -T ning. All of the parcels created surpass the two (2) acrelot minimum for theA/R/RD zone district. Legal Access. Parcels A and c (see sketch plan) have access directry orf ofCounty Road 261. Anaccess easement will bi required to access lot B, and the easement will have to appear on the final plat. D B. A. lo Project l-tescription: The applicant is requesting an exemption to sprit the subject property into three (3) separate parcers of approxim ately 4.tzi, q.ns and2'0 acres in size. The proposed lot conliguration is shown conceptually onpage - 3 - . No easem.rrt, upp.ur on the sketch plan, however, a utility easement and an overhead easement appear on the improvement certificate. Background: Based on a review of records in the Garfield County Assessor,s and Clerk and Recorder' Office, theparent parcel consisted of approximately l0 acres in 1969. Therefore, up to 4 (four) lots can be created by the .*..npiionprocess. The parcel is not located in a recorded subdivision, althorgr, it i, adjacent to several parcels of the Antler orchards subdivision. In the application, Ms. Graviett states her family's intention on constructing dwelling units on the two additional parcels for members of her family ancl operating an organic farm on the property. The proposed farming operaiion is a "use-by-right" in the fuR/RD zone district. e copy of the applicant,s coverletter is attached on page - I -. B C Water and Sewer. The applicant currently has a domestic well (#55777). Based on documentation received from the State Engineer's Office, this permit is validonly for the domestic purposes it has historically been used for. Since this well has only been used for one singre family dweiling, the use cannot be expanded unless the applicant obtains a new well permii for the expanded use. Thelocation of the site is in an area of the Colorado River that is considered to beover-appropriated. In Mr. Schurer's opinion, it is "highly unlikely" awell permitfor an expansion of use courd be issued without u prun for augmenlation approved by water court. A copy of Mr. schurer,s February 25,lgg3letter is attached on page - 5 - 2 oo Irrigation water is provided by shares from a ditch that transects the property from northwest to southeast, however the deed does not specily the waier rights from the ditch. The deed does indicate r 1 shares of silt project water. Sewage disposal for these parcels is proposed I.s.D.s. The Soil conservation Service for the Rifle Area classifies the soils on the site to include the Olney Soils Unit. This unit is typical ofwell-drained, gently sloping soil on alluvial fans and sides of valleys. This unit presents only "slight" constraints for residential development and as having only "moderate', Iimitations lor septic tank absorption fields. This designation includes limitations that can be addressed by proper design. State and Local Health Standards. No State or Local health standards are applicable to the application. Drainage. No drainage easements are necessary due to the relative flat prohle of the proposed lots. Fire Protection. Theproposed exemption is located in the SiltA{ew Castle Fire Protection District. No response has been received from the Fire District to date. H Easements. No easements are indicated on the sketch plan. The Final Exemption Plat must include access easements, water easements (if necessary) and any easements necessary lor ditches. I School Impact Fees. The additional lots are subject to the required $200.00 per lot school impact fee. Natural Hazards. Staffreferenced 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. IY. STIGGESTED FINDINGS I 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 is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. v. RFCOMMFNDATION Stalf recommends APPROYAL ofthe application, subject to the lollowing conditions: E. F. G J 2 3 3 l 2. 3 ep DtTCr"l s 4 5 6 7 8 9 at That all representations of the applicant, either within the application or statedat the meeting before the Board of County Commissioners, shall beconsidered conditions of approval. A Final Exemption PIat will be submitted, indicating the legal description of theproperty, dimension and area of all proposed lots or separate interests to becreated, access to a public right-of-way, and any proposed easements fordrainage, irrigation, access or utilities. That the applicant shall have 120 days to present aplano the Commissionersfor signature. Extensions of time may be granted if requested prior to theexpiration date. That the aiplicant submit $200 in School tmpact Fees for the creation of eachnew lot. A driveway permit, if necessary, shall be obtained from the Road and BridgeDepartment prior to the issuance of a building permit. Each parcel shall receive a deeded, proportional share of all irrigation rights that are identified in the deed. copies of a court-approved augmentation pran and weil permits for the twoadditional parcels shalr be submitted to the countyp. rig{,tpJ}E,r.cording of aFinal Exemntion plat. lr Lrg-r{", o::. :,:,,:,ir,j ^'-.Ui*r, ;{.,F{tbrc\_ c,(.pLLln,#:.:X';t',;"*;i 'l': ,'"'1 r.',*'Eo,:. p,,rr1r-, ;;"J l*', o.., .^(t, Prioi t".ifi'","i"liiIfi?i"r Ffii,i#!-;bfiiaii,,;irr'I*lxit a retrer orupp.o*qf,...from the.silt/New Castle Fire District. control of noxious weeds is the responsibility of the property owner. lo.,EvlbtrdLu u*rri r t):thrro*I,-.T.lt L P't. Su&r*\r rr;i ;3;;",,ri,,' ii:fft,,I :1.= f;.';:A p;,o,."* gDLu os,*.**.rtu ,.*,,. --"n',( $1' rt f\or,. 1, ofr \fit {b{*.rr,.,rJ "*''- r'}li i , rr,t-: f-gr./r.€l , 'oo u' *n' rfu* P''u* u t*- . ?-\ ${.i r ru. u_r, d "'u"t ra^n*) o < f- .,^,.IAr v,*. * ft 4 o o (rnoJ fltFJ I tv.t.n I t 3 II @ ,!t b t t 5 !! q oo N $ o I I, r.1HU& n{ zot-( F. 0{ rqX tI1 3 It ,t oa &o-loU Fz )oU e F] trl tL /, c D a I 6! -t .t GRAVIETT SUBDIVISION UXEMPTION I \ .,I Lir I d ll I , ) a I I ,l o I Ih . -a- I 5I I2 i rl iI I 6 '-) II '\\*: \ \ \ \r i\ )/ {'-' \-rl i -.,'-\ O C VIGINITY MAP 7 I /,, IO FOOT UT ILITY EASEMENT ERHEAD UTILITY E9'53 F &ues SHED (RUIN}LJ" F 0 S sneoI \ \ t WORK SHOP l WELL HEAD o t H \\ (ot \rrcH \ \ \o() \ \\ I ozHoME r'-s STA I \ DECK AB 1,\ cl.{ SCALE l'.100'GRAVEL DR I VE 568.47N 89's3 ot) f.'*l *,1 a E(o \ qn E \ E p L) Ns \s PROPERTY DESCRIPTION SEE PAGE TWO IMPROVEMENT LOCATION CERTI FICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PRE_ PARED FoR * SEE BELOW , THAT IT IS NoT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT TS NOT TO BE, RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDINC, OR OTHER FUTURE IMPROVEMENT LINES. r I FURTHER CERTIFY THAT THE{MPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, IO/28/92 , EXCEPT LTTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPTT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IM. PROVEMENTS ON ANy ADJOININC PREMTSES, EXCETT AS INDICATED, AND THAT THERE rS NO ^PPARENT EVTDENCE OR SrcN OF ANy EASEM ENT C ING.OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOT \l ARR tU IT IS HEREBY STATED THAf tHE STRUC, TURES LOCATED ON THE ABO\IE DESCRIBED PROPERTY ARE NOT LOCATED WTHIN THE lOO YEAR FLOOD BOUNDARY. o I i5B4 BY * IMOGENE GRAVIETT, ARVA R. GRAVIETT ANO LINDA GRAVIETT J 6842 DAT ;IAITES SEX?ON SURVEYING JOB NO. , e?9.q.264 .. ; 1512 Grand Avenue - Suite 210-6 Glenwood Springs, CO 81601 303-ed54700 i1 EOO'39Ud O O 35U5IU0t^t 15 3fluot,l t^l0u J 5g : a I a6 , 3e 130 oa Residential Agricultural \oN a oilI F.z DoU PANO RAMI MESA SUBDIVISIO N COUNTY ROAD 233 + NORTH l" = 400' GRAYIETT SUBDIYISION EXEMPTION .... ..... ..________.+.*n**.i+l.ii+a;iijilji;ti:liEiEii I -3 a ADJACENT LAND T]SES o H. We have purchased this property together witir theintentions of subCividins arrd al1 having our own homesand a familv ran business. Linda wirl be takins theexistins house and approximately 4 acres. Sandy will takeapproximately 4 acres ancl build someclay. fmogene and Arvawill have 2 acres ancl plan to build a horrse as soon as thesubdivision is completed. 'rhey have sold their house inColorado Springs to move up here to be by their daughters.The parents are ercrerrv and Linda and sandv want them cl0seby to care for them when needed. Our plans are to work the land and build greenhousesto grow orq,anic. vegetables aII year lons. We wi I I dri 11 a new wel l that produces rnore water'l'he existins wel l is f rom one vein of water. The new wel l wi I lhave two veins of water supplyinq the wel1. ), ,,,i i\ I dli Of OFFICE OF THE STATE ENCINEER Division o[ Water Resources Departnrent of Natural Resources 1 .l 1 3 Sherman Street, Room B I B Denver, Colorado 80201 Phone (301) 866-3581 FAX (]03) 866-35S9 RE Dear Mr. Michaelson: Graviett Subdivision Exemption Section 36, T S S, R 92 W'6TH p M Division 5, Water District 39 ST{rE OF CO Sincerely, ,il^t S Roy Romer Covernor Ken Salazar Execulive Director tlal D. Simpson State EnglneerMr. Dave Michaerson February 25' 7993 Garfield County Regulatory Offices ancl personnel 109 8th Srreet, Suite 303 Glenwood Springs, CO 81601 GLANF-l€LD COUNTY a....._...*-- we have reviewed the above referenced proposal to divide a 10.25 acre parcel into tlueeparcels of 4'725 acres, 4.725 acres and 2.0 acres. Your letter indicates the property is located insection 5' T 5 s, R ?2I,-b'! the map you provided and our records indicate th. prop..ty is locatedin section 31, T 5 s, R 92 w. ^rh" irto.rnution ,rrbmitted did not indicate the proposedconfiguration of the.fut" parcels. The applicant propos"s-,o ,.*" the three parcels with a shareddomestic well, permit no. b5777. well permit no' 85777 was issued tor domestic purposes on August zT, 1976. This permitis. valid -only for the domestic putposes l, Br hil;;rx; been used for. If the well has nothistorically served more than or," ringl" f"*ity d*-"G;;he use cannot be expanded unlbss theapplicant obtains a new well permit fir the ""pu"a"a ,"rL. ;il; t,#;;;il split is located inan area tributary to the coloiado River at a point where the stream;t;i;; considered to beoveraPproPriated, it is. higtrly unlikely a well p"init ror "r, ""p"nsion of use could be issued withouta plan for augmentation approved by *rt"r^.orri. --- -^- -'' Based on the above, we cannot recommend approval. please let us know if you have anyquestions. W) John Schurer, p.E. Senior Water Resource Engineer , i :: :.1, ,l i.li :i , ,: il,t l'r. JS/JD/Jd graviet.rev cc: Or1yn Bell, Division Engineer James Lemon, Water Commissioner Bruce DeBrine :i: I li l{AR 0 | tggs ,l t., a) Itt4 t I *}t Linda Graviet.t 4407 cR 26 1silt c0 81652 Date: Aug 3O, 1S9S Dear Li nda, This is in rejsponse to your request for notifica.tion of fireprotection. The Burning Mountains Fire Prot.ection District doesprovide fire protection for lhe property located at o4o7 countyRoad 26L in the Si l t area. The Fire Protection District doesretain the right to comment on Zoning changes fon this property;specifical Iy to mul tiple residences or commercial appl ications.The Fire Protection tlistrict does nr:t have any comment on singleresident ia I changes, spectfu I i St.uart 1,... CeriseAsst. Chief Burning Mountains FireProtection District