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Home My WebLink About2.0 BOCC Staff Report 11.17.94REQIIFST: APPLICANT: LOCATION: SITF rrATA: IIATFR: SEVTPN: ACCESS: EXISITING/ADJACENT ZONING: EXn Zlg ' -- BOCC ttnrn An exernption from the definition of suMivision. Roy and Joyce Keithley A tract of land located in Section 10, T65, R92W of the 6th PM, located approximately one half (Ua mile south of Silt, along the south side of I-70, north of the Colorado River. 69 acre parcel Well ISDS Easement from I-70 frontage fuR/RD PROJE|CT INFORMATION AND STAFF COMMENTS A. RFI ATIONSHIP TO THF COMPRFFIFNSIVE PLAN The site is located in District F - Rural Areas Major Envtonmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. TTFSCRTPTION OF THF PROPOSAL site Itescrintion: The site is located in the lower terrace of the Colorado River, direcfly south of the Town of Silt. The property is adjacent to the Town's settling ponds, and includes several existing structures. The property slopes gradually toward the river, and includes a portion of the island between the braided channels. A vicinity map is shown on the attached blneline. Project Descnntion: The applicant is proposing split the 69 acre parcel into two (2) tracts of approximately 29 and 39 acres in size. A sketch plan of the proposed exemption submitted with the application is shown on the attached blueline. o l- B. Iu. MAIOR ISSUES ANTT CONCERNS Subdivi,sion Regulation^s. Section 8.52 of the Garfreld 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 descriM in the records of the Garfield County clerk and Recordet's Oflice on January l, 1973, and is not a part of a recorded zubdivision; however, ?ty paroel to be divided by exernption that is split by a public right-of-way (State or Federal highway, Countyroadorrailroad) ornatwalfeature, preventingjointuseofthe proposed tracts, and the division occure along the public right-of-way ornatural feature, such parcels thereby created may, in the discretion of the Boar{ not be considered to have been created by exemption with regard to the four (a) lot" parcel, interest or dwelling unit limitation otherwise applicable; A deed submitted with the application describes the parent paroel on December lsth,l942(Book 310, Page 317, Receptiot #205440). Therefore, the applicanttis eligible to request up to four (4) parcels ttrrough the exemption process. - ning. Both exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. I -g^l Access. The parent parcel is accessed directly from the I-70 frontage road. Mr No easements are shown on the plat. Stalf notes that if additional access is to be provided from the I-70 right-of-way, an acoess permit from the Colorado Departrnent ofTransportation is necessary. If access will be extended from the existing driveway, an easement will have to be shown on the plat. D.Water and Sewer. The applicants intend on serving the parcel using individual wells. The State Engineer's Offrce has approved the water sqpply [ot th. exe,mption (see David Fox's October sth, 1994letter on page Sewer will be provided by ISDS. Soils on the site are predominantly Kin (#40) and Wann (*121. These soil types typically present moderate constraints to ISDS systems, due to slow percolation rates. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Departuent of Health ISDS setback standards, which should be verified by an engneer. nrainage. No drainage easements appear to be n@essary, but should be verifred on the field by the applicant's surveyor. Fire Protection. The Silt - New Castle Fire District has not responded to the application, &od staffwould suggest a letter from tle District be a condition of approval. F^sements. Any required ease,ments (drainage, access, utilities, erc..) will be required to be shown on the exemption plat. School Tmnact Fees The applicant will be required to pay the $200.00 impact fee prior to the approval of the frnal plat. A. B. C. E. F. G. H. I. J? aEA- $r" s \*t J. Natural Hazards. Staffreferenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is located within an area identified as having severe constraints for ISDS, due to the location of the floodplain (see floodplain profile on page . Staff would suggest the following plat note: "Both paroels are located within the 100-year floodplain of the Colorado Nver. Any encroachment within the regulated floodplain requires a Special Use Permit from Garlield County. Engineered ISDS may be required due to the floodplain." TV. SUGGESTFN FTNDINGS 1. Thatproperposting and public notice wasprovided asrequired fortlemeeting before the Board of County Commissioners. 2. That the meting 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 reasorxr, 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. R.FEOMMENTTATION StaffrecommendsAPPROVAloftheapplication, zubjecttothefollowingconditions: 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. A Final Exemption Plat shall be submittod, indicating the legal dewription of the property, dimension and area of the proposed lot, access to a public right-of- way, and any proposed easements for setbacts, drainage, irrigation, ac@ss or utilities. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. That the applicant shall submit $200.00 in School Impact Fees for the creation of the exemption parcel. That the following plat note shall appear on the Final Exemption Plat: "Both parcels are located within the 100-year floodplain of the Colorado River. Any encroachment within the regulated floodplain requires a Speial UsePermit from Garfield County. Engineered ISDS may bb required due to the floodplain." Thefloodfringe and floodway lines, based on existing mapping fromthe C\MCB, shall be shown on the exernption plat. 1. 4. 5. .3- 7. Control of noxious weeds is the responsibility of the property owner. The applicant shall submit approval from the$lt+teureasUe Fire Protection District prior to signing an exemption plat. eou*bout . ,l . STAIE OF COLORADO OFTICE OT THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1 31 3 Sherman Street, Room 81 8 Denver, Colorado 8O20ll Phone (303) 866-3581 FAX G03) 866-3589 Roy Romer Covernor lames S. Lochhead Executive Director Hal D. Simpson State EngineerOctober 5, 1994 Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Keithley Subdivision Exemption N 1/2, Section 10, TOS, R92W, 6th P.M. Water Division 5, Water District 45 Dear Mr. Mlchaelson, We are in receipt of your subdivision exemption referral for a 69 acre tract located approximately 112 mile south of the Town of Silt, Colorado. The applicant is proposing to split this tract into two parcels of approximately 29 and 39 acres. The proposed water supply source for the parcels is an exempt well. The Colorado River system and its tributaries at this location are over-appropriated. As such, well permits applications in new subdivisions must be evaluated to determine if other water rights would be injured considering the cumulative effect of all proposed wetls. !t is likely that in many circumstances well permits could not be issued by our office without a water court approved plan for augmentation. However, under current statutes, if the Garfield Board of County Commissioners approves this split by exemption as defined in Section 30-28-101(1OXd) C.R.S., our office must evaluate the well permit 6pplications as if the division of land occurred prior to June 1 ,1972. Under current laws, Section 37-92-602(3XbXllXA) C.R.S., and hydrologic conditions, it appears that our office could in this circumstance approve a well permit for the 29 acre tract for ordinary household purposes inside a single-family dwelling provided that the wellwould be the only wellon the individual parcel, return flows would be to the same stream system in which the wells are located via non-evaporative disposalsystems, and that evidence is submitted showing that the County has approved the parcel as an exemption. Absolutely no outside uses, including irrigation and the watering of animals, are allowed under this type of permit. !t appears that our otfice could issue a well permit lor the 39 acre tract for under current statutes for ordinary household purposes, fire protection, the watering of poultry, domestic animals, and livestock on farms and ranches and for the irrigation of not over one acre of home .{- Mr. Dave Michaelson, Planner October 5, 1994 Page 2 gardens and lawns but not used for more than three single-family dwellings, provided the well is the only well on the 39 acre tract. Return llows would be to the same stream system in which the well are located via non-evaporative disposal systems. Should you have any questions regarding the water suppty for this project, ptease contact David Fox of this otfice. Sincerelv.01 David J. Fox Professional Engineer DJF/df cc: Orlyn Bell, Division Engineer Bob Klenda, Water Commissioner 6o S tt