The URL can be used to link to this page

Home My WebLink AboutStaff Report BOCC 07.16.84PROJECT INFORMATION AND BOCC 7/L6/84 STAF'F CO}4MENTS REQUEST APPTICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONTNG: For a S.B. 35 ExemPtion James Paruszewski In Section 36r T4S, R91W; located approximately 6 miles up tvlain EIk Creek off County Road 243. The site is approximatelY 12.5 acres in size. The ProPosa1 is to divide this lot into 2 Parcels of 7.06 and 5.44 acres. Proposed individual wells Proposed individual sePtic Off County Rd. 243 ADJACENT ZONING: rI. RELATIONSHIP TO THE COIITPREHENSIVE PLAN section of t'he ComPrehensive Plan zone district map. DESCRIPTION OF THE PROPOSAL A. Site Description: The site sits to the east and west of County ffirxCreekistheproposednatura1dividin9featurefor the exemption request. There currently exists two small buildings on the west side of the creek. No other improvements on the property were visible. The site is densely vegetated on t,he east side of the creek and has an open meadow area to the west side of Main Elk Creek. Much of the parcel which sits between the County Road and the creek is within the 100 year floodplain. ' Histg-[L: In L976, James and l,larian Paruszewski received a S.B. ffiptiononthisproperty.Theexemptioncreated3Iotsoutof a 46 acre parcel. These lots $rere 2L.2L acres, L2.50 acres and L2.50 acres. The resolution approving this exemption (Res. 76-9Ll did not include the language that no further exemption shall take place on the exempted property. (See Resolution, pagefr( ) The applicants are no! requesting to divide the louthEly most L2.5 acre parcel into 2lots divided by Main Elk Creek. The applicants propose to divide a 12.50 acre parcel into 2 lots of 7.06 acres and 5.44 acres. III.MAJOR ISSUES AND CONCERNS A. nevle! Agency Comments A/R/RD Nort,h South East West A/R/RD o/s o/s o/s I. 1. A letter dated Irlay 30, 1984, from Keith Crandell of the Silt-New Castle Fire Prot,ection District recommends that there be a 500 gallon water storage tank provided for each residence for fire piotection purposes. (see letter, Page ? I -/- dated JuIy 9th from the access to public lands. (See 1. The County Environmental Hea1th officer noted that if adwelling is loiated in close proximity to lr{ain EIk Creek possible high water tables may require that a septic system be designed bya Colorado registered, professional engineer. 2. Much of the 12.5 acre parcel is within the I00 year floodplain of Ivlain Elk Creek. There are, however, severalbuildable sites above the 100 year floodplain on each of the proposed lots. A map of the I00 year floodplain was done by Scarrow and Walker in L976 when the applicant received the exemption to created the L2.5 acre parcel. 3. The proposed 7 acre parcel is to the east side of Main EIkCreek. This side of the creek cannot be accessed directly off of County Rd. 243. A 20t easement is shown on the map submittedwith the exemption application. The purchaser of the 7 acreparcel would have to construct a bridge to cross the creek. 4. An alternative to the applicantrs proposal for access to the 7 acre parcel is to create an easement across the east side ofthe adjacent 12.5 acre parcel and the 2L.2L acre parcel. This would create a long driveway accessing onto County Rd. 243 at apoint after it crosses the creek. 5. Both proposed parcels will need to acquire a driveway accesspermit from the Garfield County Road and Bridge Department. 6. Currently, the applicant has one existing well on the 2L.2Lacre parcel, however, no well permits hrere ever requested for thetwo 12.5 acre parcels. 7. The aPPlicant is not asking to create a separate lot on thewest side of County Road 243. The intention is to create one 5acre lot west of Main Elk Creek. However, County Road 243 runsthrough the middle of the proposed 5 acre parcel. The Countyregulations governing exemptions give the Board of County Commissioners the ability to grant exemptions for parcels dividedby natural features and roads. Thus, it is conceivable that theapplicant or a future oh,ner will request that the parcel bedivided again using the County Road as a boundary line. 8. Apparently, there is some question as to thg location of the County Road right-of-$ray for County Road 243. The County RoadSupervisor has noted that it would be he1pful, dt this point, toestablish the County Road right-of-way through the applicantrs. property' A 50 I wide easement 125' on both sides of the existingcenterline) should be established for the entire length of theapplicantrs Property including the other L2.5 acre parcel and the2L.2 acre parcel. rV. FINDTNGS That the appricantion is in compliance with section I of theGarfield county subdivision Regulations regarding exemptions. That the hearing before the Board of County Commissioners wasextensive and complete, that all pertinent fact,s, matters andissues vrere submitted and that all interested parties were heardat that hearing. That for the above stated and other reasons, the proposed zoningis in the best interest of the health, safety, moralt, convenience, orderr prosp€rity and welfare of the citizens ofGarfield County. B. 2. U. S. Forest Service - a letter Forest Service express concern overIetter, page L I Staff Comments: 1. 2. 3. v.RECOMIvIENDATION APPROVAL, with the following conditions: I. That the applicant receive an additional well permit or confirmation from the Division of Water Resources that well permits can be issued for both parcels. That a plat be submitted to the Department of Development. This plat shall include: A) Separate legal description for each of the two parcels including all easements. /B) A @t wide access easement for County Rd. 243 shall be described on the plat. C) The plat shall indicate the 100 year floodplain. In addition a notation shall read that the 2 parcels are subject to the Garfield County Eloodplain Regulations and that any use to be developed within the 100 year floodplain shall be required to obtain a Special Use permit from Garfield County and that such proposal is subject to Section 6 of the Garfield County Zoning Regulations. D. The plat shall incluoe a signature block for the Board of County' Commissioners and the County Surveyor. E. The plat shall read " Paruszewski Exemption" and make reference t,o the Resolution Number approving the exemption. tr'. A plat note shall read that individual disposal systems may be reguired to be designed by a registered, professional engineer. G. A plat note shall read that each lot must install a 500gallon storage tank for fire protection Purposes when a residence is established on the lot. 3. The applicant shall agree to u 6or access easement for County Rd. 243 A0' on each side of the road centerline as it is in place today). ttre easement agreement shall extend the length of the applicantrs property on County Rd. 243. 2. 4. 5. 6. 7. A writ,ten legal description of eachprior to final approval. This lega1 a].l- easements. parcel shall be submitted description sha}l include be obtained for each lotA County Driveway Access permit mustprior to final approval. A $200.00 School Impact Fee shall be paid prior to final approval. The applicants have 120 days from the date of conditional approval to meet all conditions. illol,^,Mil/@ -3- RESoLUTI0N fr 'b-l/ / I,I}IEREAS, HENRY PARUSZEWSKI and I'IARIAN PARUSZIWSKI, have petitioned the Board of County Commissioners of Garfield County, Colorado for an exemption under C.R.S. (1973) Section 30-28-10l (a) - (d) as antended, and the Subdivision Regulations of Garfield County, Colorado adopted September 1, 1972 and amended April 14, 1975, Sections I .02.17 (d) and 3.02.0.l, for ihe division of a 45 . acre tract into three tracts of aoproximate'ly 12.5, 12.5, and 20 acres' more or less, and more particularly described'as follows: See Exhibi t'A'Attached WHEREAS, the petitioners have shown to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that they desire said exemption for the purpose of re-sale into sing'le-family residential acreage' and, IIHEREAS, future building sites on said tracts of 'land will be placed out- side of the depicted 100 year floodplain, and 1l;HEREAS, petitioners rvill prepare proper legal descriptions for the three separate parcels prior to conveyance of any of the parcels; and !ilHEREAS, petitioners have demonstrated to the satisfaction of the Board that there is a reaonsable probability of locating domestic water on each of said three tracts, that there is adequate i'ngress and egress to said tracts' that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the subdivision regulations of the State of Co'lorado and the County of Garfilld and that said division will actua'tIy restrict the density of housing within said area and should therefore be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. (1973) Section 30-28-10l ('10) (a) - (d) as amended; N01., THEREFORE, upon motion of 4A,k.X.--t-- Iand is hereby exempted from such definition and transfer seconded by lh...n &--.--zl and unanimously carried said 45 acre tract of of said tract maY be made by division into 3 tracts of 12.5,12.5, and 20 acres' more or less'' is more fully described in the Petition.pertaining hereto, furthermore, it an express condition of this resolution that all future building sites on parce'ls of 'tand be kept out of the floodplain as depicted on Exhibit B and made a part of this resolution. A copy of the instrument or instruments of conveyance when recorded shall be filed with this reso'lution' Dated this -1oL aay of September, A'D' 1976' THE BOARD OF COUNTY COI.iI4ISSIONERS OF GARFIELD COUNTY, COLORADO Attest:, al I as is these Ai.,@ Unrled Slales Deparlment ol Agflculture Foresl Servrce Ri f1e Range r Dis tri ct f 2,1/JP/uC 1400 Access Road Rifle, CO 81650 Redy to 5460 R-O-W t'tatn .EIk Road oerc, Jsly p, 1984 Garfield County Corrnissioners P.O. Box 640 Glenwood Springs, C0 81602 Sincerely, :i,i J,jL 1 ,J 1984 .,i-i^- il,itFi[[D 0r). PLAII Dear Cornnissioners: ltris letter is in response to an application before your board to grant an exemption in the division of. a 12\ acre Parcel for James and Marian Paruszewskl. For two years the Forest Service has been negotiating with }tr. Paruszewski for two public rights-of-Lray through his property. Mr. Paruszewski persisEs in not signing either R-GW easelrcnt. One easement is intended to clarify the publ-ic aecess on County Road 11243 (Forest Development Road tl6}3). I.ltrile l'1r. Paruszewski has never blocked publlc access on this road, the Forest Senrice has surveyed the road, prepared a plat and an easement deed, and feels this R-O-W is needed to guarantee public access. The second easement ls for Forest Trail {t2L57. Mr. Paruszewski is presently denying public access to this trail. While several alternative routes have been investigated, they are all considerably more exPensive than the option of using the existing rout.e with a R-O-W easemeut. I believe that as a condi.tion of allowing the landowners to divide their lands and thus increase their personal val-ue of that land, they should be required to sign the easement deeds which will allow publie access to National Forest lands surrounding this property. JA]'{ES L. Di.s tri.ct I?t= -t: I\/E -jul i t 1984 GAi{rliL0 coulirY cotuMlssl0N iRS CTEST DRPIXIII!S HUs0rii'Z SIMONSON Ranger , RLI FS.620O.t tD (7..811 ^( - {r SILT.NEW CASTLE FiRE PROTESTION DISTRICT It{ay 30, 1984 Cynthia M. Houben Garfield Planning Glenwood Springs, CO 81601 RE: Jim Paruszewski Subdivision Exemption Main Ell; Subdivision 5648 Rd 243 New Castle, CO 81647 Dear Ms. Houben: I approve the captioned subdivision. I would like to request that there would be a 500 gallon water storage tank for each residence. Sincerely, ilZ(L"^Jrq Keith Crandell, Fire Chief . Silt-New Castle Fire Protection District P.O. Box 216 Silt, Colorado 81652 - 7-