HomeMy WebLinkAbout2.0 Staff Report BOCC 11.15.93a o EYA qILzg 9<K
PROJECT INFORMATION AND STAFF COMMENTS
BOCC ll/l5193
An exemption from the definition of
subdivision
Kent Jolley/Brenda Slappey
Located in a portion of Section l, T65,
R93W of 6th P.M.; Located northwest of
the intersection of County Road 210 and
223, approximately two (2) miles northwest
of Rifle.
40 acres
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lREQTIEST:
APPLICANT:
LOCATION:
SITE DATA:
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SEf,TER:
ACCESS:
EXISTING/ADJACENT ZONING:A/R/RD
L RFr ATIONSHTP rO THlr COMPRFHITNSTVE PLAN
The site is located in District C - Rural Areas / Minor Environmental Constraints as
designated on the Garfield County Comprehensive Plan Management Districts' Map.
I TTFSCRTPIION OIT TIrF PROPOSAI
A.Site Description: The exe,mption parcel is located northwest of Rifle, at the
intersection with CR 210 and 223. The parcel is historic agricultural graang
land, currently supporting approximately 30 acres in corn production. The
property is relatively flat, and is split by a large irrigation ditch and associated
marshland, which runs from the northeast corner in a southwesterly direction.
Adjacent land uses include irrigated agricultural land and single family
residential uses (see vicinity map on pug" 5-).
Project Trescriftion: The applicants are requesting an exemption to split the 40
acre parcel into five (5) tracts approximately 7.0, 7 .0,7 .5,7 .5, and I 1.0 acres in
sizc. The fifth parcel is requested consistent with Section 8.52 of the Garfield
County Subdivision Regulations, which allows for an additional exemption
parcel due to existence of a natural feature preventing joint use of the parcels.
Well with West Divide Contracts 3 ute+r
f1<sI.s.D.s. \ ,. B:rl<w.
Access road from County Road2l0
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B.
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The applicants have
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sgbmitted a sketch plan indicating the proposed split (see
U l. The applicant's cover letter is shown on pages _
III. MAJOR ISSTIFS AND CONCERNS
Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "No more thaa a totat offour (4) lots, prels, intercsts
ordwelling units will b created from aayparel, as that parel was desriM in
the rwords of the Gafield Couaty clerk aad Recorderb olfie on Januaty l,
1973, and is not a prt of a tworded subdiuision; however, any parret to b
divided by exwption that is spltt by a public right-ofway (State or Federal
highway, Couatyroad orrailroad) ornatural feature, prcueatingjoint sseofthe
proposd tracts, and the di uision orcun along the pubtic right-of way or naturat
featurA suchparels thercbycreatedmay, in thediscretion oftheBoard, not be
considered to have ben created by exmption with rcgard to the four (4) tot,
parel, intercst or dwelling unit limitation otherwix applicabte;
Records in the Garfleld County Assessor's Offrce indicate that the parcel
consisted of 40 acres in 1965 (Book 366, page 138). Therefore, up to four (4)
parcels may be created through the exe,mption process.
The fifth split is requested due to the marsh and irrigation ditch, which appears
to be approximately 300 to 400 feet wide. The Board of County Commissioners
have allowed an additional exemption parcel in similarcircumstances. Staffwill
introduce photos submitted by the applicant at the public meeting.
- nin g- The exemption parcels are consistent with the two (2) acre lot minimum
lot size for the A/R/RD zone district.
r 'gal Access. The applicants have indicated an access easement from County
Road 2l0to provide accessto Tracts 2,3,4,and 5. Lot I would useanexisting
access from County Road 210. These easements will have to appear on the final
plat. Driveway permits, if necessary, will be required prior to the siping of a
final plat.
D Water and Sewer. West Divide Conservancy Contracts have been approved for
the proposed dwelling units (contracts #93l0l4KJ#1, #g3lol4KJ#2, and
#93r0t4KJ#3).
No response has been received from the state Engineer's office.
sewage disposal for the exemption parcel is ISDS. Soil types and primary
constraints to development are shown on Table l. Staff suggests that the
following plat note be included:
"soil conditions on the site may require engineered foundations and
septic systems."
State and Local Health Standards. No State or Local health standards are
applicable to the application.
A.
B.
C.
2
E.
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TABLE I
SCS SOI CLASSIFICATIONS
ture,
Soil Conservation Service, 1985.
Notes: Building Site Development based e1 4 singlefamily dwelling unit without
basement (Iable 7). ISDS constraints based on typical septic tank and leach field
(Table 8).
rrrainage. Drainage easements may need to be shown on the Final Plat in
reference to the marshland and irrigation ditch.
Fire Protection. The RiIle Fire D]strict has approved the proposed subdivision
exemption (see letter on page Ct ).
School lmlract Fees. Each newly created lot (total of 4) are subject to the
required $200.00 per lot school impact fee.
Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural
Hazards Mapping for the site, which indicated that the site is not in an area of
Soil, Slope, or Groundwater/Septic System constraints.
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I That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
That the meeti n g 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. RITCOMMFNNATION
Staffrecommends APPROVAL ofthe application, subject to thefollowing conditions:
2.
3
3
Ilelt Claylaam (#D)Severe: shrink-swell Severe: slow
perc
35 percent
Ifim loam (#4 ?6%
dop)
Moderate: shrink-
swell
Moderate:slow
perc
60 percent
Aruada loam (#3)Severe: shrink-swell Severe: slow
perc
5 percent
lource: Sorl Srrrvev ot-.ifle Are: Colorado I Ir nf nf- A orinrr
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3
4.
5
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.
AFinal ExemptionPlatwillbesubmitted, indicating thelegaldescription ofthe
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.
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 rmpact Fees for the creation of each
new lot.
Driveway permits, if necessary, shall be obtained from the Road and Bridge
Departuent prior to the issuance of a building permit.
Control of noxious weeds is the responsibility of the property owner.
The following plat note shall be included on the final plat:
"Soil conditions on the site nay require engineered foundations and septic
systems."
The applicant's surveyor shall verify the relationship between the parent parcel
and County Road 210 and 223. If necessary, 30 foot dedications may be
necessary.
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I(ENT JOLLEY & BREI{DA C. SLAPPEY Oc'Lober 12, 1993
Proposed Subclivision: NWlr/4, SWl/4 of Section l, Township 6
SouLh, Rarrge 93 West, Garf ield Coutrl-y, Colorado
Narrative explairring why exemption is being requested.
This subdivision exempbion is being requesl-ed in order bo
provide small acreage homesl-eacls rangirtg f rom 4, 7+- acres
l-o 1, 11 acre tracts in an agricull-ural setLing at an
affordable price.
The proposed layout of loLs takes into consideraLion Llte
naLural beauLy artd topography of l-he land. In so doing, altd
addi tional Lracl- ( 1I+- acres ) is requested due to tlte
natural separation creaLed by the large irrigation and
clrainage rlil-ch, with accompanying marshland, which rurls f ront
bhe norl-heasL corrrer in a soul-hwesLerly direcLion through
l-tre property.
I'he property is presenLly in cultivaLion with approxitnaLely
30-r- acres planted in corn. It is proposed Lo plant l-he
cultivated acreage nexl- spring wiLh a mixture of SntooLh
Brome arrd Orchard Grass Lo protect against erosion and
provide ful-ure pasLure for livest-ock.
Taxes generabed from Ltre properl-y are $244.04 (1991). Tlte
subdivision in small acreage tracl-s and subsequent sale for
homesLeacls will greal-ly irrcrease Lhe tax revelrue to Garf ield
County with minimal impacL.
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gR{le cFire cProtection sDtstrtct
Box Tt33 Rifte, Colorad.o 81650aa
To: Garfield CourrLy Planning and Zoning
1o9 8Lh streeL
GIenr^rood SPr illgls ' CO 8l^601-
re: :oIIy/SIappey Proposed Sr-tbdivision
OcLober 12, 1993
To whont iL may concern,
"the niIle l=ire ProLecLion DisLricL tras rneL r'liLh Mr '
slappey Lo reviet.r't-lre Proposecl subdivisiorr IocaLed aL t'he
inLersecLion of CounLy Roacls 2IA and 223" l'tle legal
doscr ipt ion f or Lltis propos,:d subdivision is Nt"l L/ 4 ol' Lhe
stJ I/4 ol' SecLion L , l.owlrship 6 souLh, Range 93 t'JesL "
l.lreRifleFireProLec|-ionDisLricLisinagreerlenL
witl-r Llris propo."; subdivision , arrd wi I t be capable of
;;;;iJins Fir. proLecLiorr t-o t-lre 'l'uLure residences ' Mr ''ai;p;;t inql u'iu*t i t',rv" discussed possible l'uLure needs
for fire pt'oLecLion wil,hin l-he subclivision rulriclr are to be
addressecl by t-lre Fire Prol-ecLion District atrd Mr' Slappey
;;;, approval-or tlre sub4ivisi,n and 'final plans 5eing
compleLed.
- IF You have
625-!243, or bY
81650.
any cluesLions 1'eel 1'ree t'o conLacL
rnail ab Posb Of f ice Box 133, Ri f Ie
rTre aL
CO
Tlrank you,
I'1i l<e l'lorgan
l'ir"e t'larslral
lii f Irr I'irrr Prr)Lor)Li()lr DisLr-icL