The URL can be used to link to this page

Home My WebLink About2.0 Staff Report BOCC 04.18.94REQI.IEST: APPLICANT: I.OCATION: SITE DATA: WATER: SIr[''FR: ACCFSS: ITVTSTING/ ATT I ACENT ZONTNG: B(rcC 4n8t94 An exernption from the definition of suMivision Bobby R. and Sandra J. McPherson Locatied in portions of Sections 12 and 13, T65, R92W of 6th P.M.; Located approximately one (l) mile southeast of Silt, on County Road 311. 23.864 acres McPherson Spring Nos. 3 & 4 I.S.D.S. CR 3II fuR/RD PROJECT INFORMATION AI{D STAFF COMMENTS II. REr ATIONSHtr' TO IT|E COMPRFHFNSIVF pr AN The site is located in District B - SubdivisionVRuraVservieable Areas, Minor Environmental Constraints asdesignated ontheGarfield County ComprehensivePlan Management Districts' Map. The subdivision used as the basis for the servieable a"rea is Minneota Estates, which only has central water and no capability to go beyond the suMivision boundaries. NFSCRIPTTON OF' THE PROPOSAI Site r\-scription: The exemption parcel is southeast of Silt, on County Road , 3hJ..h. property is split by Divide Creek. A vicinity map is shown on page Project lrqscrintion: The applicant is requesting an exemption to split the 23.864 acre parcel into two (2) parcels of approximately 10.2 and I 3.6 acres in sire. The applicantsintend onsplitting theproperty to giveonelotto theirsonandhaving another lot for sale. The split follows Divide Creek as it flows through the property. III. MAIOR ISSUFS {NN CONCERNS A. Subdivtsion Regulations. Section 8.52 of the Garfield County Subdivision Regulations state that "No more than a total offour (4) lots, paruls, intetwts A. B. oS' B. C. or dwelling units will be created from any pard, as that paroel was descriM in the records of the Garlield County Clerk and Rworder's OIfre onlanuary 1, 1973, and is not a part of a recorded subdiuision; however, any parel to be diuided by exmption that is spht by a public right-of-way (State or Fedqal highway, County road or railroad) or natural feature, pteventingjoiat use ofthe proposd ttacts, and the diuision occurc along the public right-ofrway or aatunl feature, such prels thercby ueated may, in the dircretion of the Boatd, not be considerd to have ben qeatcd byexutption with rcgard to the four (4) lot, par@l, intercst or dwelling uait limitation otherwire applicable; Theoriginal parcel of 6.052 acreswasdeeded to the applicant in Book 727,Page 106 of the Clerk and Recorder's records. \\e23.876 acre tract was merged to the original 6.052 acre parcel by a deed recorded in Book 781 , Fage 682,tf,'April 1990. All of the property was a part of Valley Farms property in 1973. Therefore, the proposed split of the proposed creation of the new 10.216 acres acre and 13.648 acre tract from 31.848 acre tract can be accomplished through the exemption process. : Zonin g. The exemption parcels are consistent with the two (2) acre lot mi nimum lot size for the A/R/RD zone district. I -gal Access. Legal access is obtained from County Road 311 to the 7.972aqe and 13.66 acre tracts. A legally described access easernent will need to be shown on the exemption plat for the 10.216 acre tract to be created as a result of Divide Creek splitting it from the rest of the parcels. Additionally, it appears that a portion of CR 311 may be included with the property. This section should be dedicated to the County and shown on the plat. Water and Sewer. It is proposed to serve the two larger parcels from McPherson Springs No. 3 and No. 4, as appropriated in Application No. 90CW321. These rights are not presently appropriated for domestic purposes. Application is being made to change the rights to allow domestic use. A letter from the Division of Water Resources indicates that this has not been accomplished yet (see pages q* lO ). Sewage disposal for the both exemption parcels will be served by septic tanks and leach fields. Fire Protection. No letter has been received yet for the proposed exemption from the SiltlNew Castle Fire Protection District. School rmnact Feqs. Each newly created lot is subject to the required $200.00 per lot school impact fee. Soils. The SCS soils mapping for the area indicates some severe limitations for septic tank absorption fields due to slow percolation and for dwellings with basements due to shrink-swell potential. Floodnlain. Divide Creek has an identified floodplain for the purposes of the National Flood Insurance program (see map). No houses or other structrues can be built within the 100 year floodplain without a special use permit. Any D. G. H. J. eb" structure built on the 13.66 acre lot may be subject to floodings, and this should be noted on the exemption plat. IV. SUGGESflTTT FTNDTNGS That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners- That the m$ting before the Board of County Commissioners was exteasive and complete, tliat 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 Garlield County. RFCOMMFNTTATION Staffis recommending APPROVAL, with the following conditions: 1. 2. v. 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 t conditions of approval. A Finar Exemption plat will be submitted, */-K*tr'Xr:K: /r'n os property, dimension and area of all propo/ed lots or separate interests to be .: created, access to a public right-of-way{ and any proposed easements for drainage, irrigation, access or utilities. Additionally, the following plat notes must be included: l. "Engineered individual sewage disposal systems may be required and structures with baserrents may need an engineered foundation". 2. 'That lot - (13.66 ac.) has a federally regulated floodplain that will restrict building sitesu. 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 Impact Fees for the creation of each new lot. Control of noxious weeds is the responsibility of the property owner. A letter from the Division of Water Resources verifying that Vrrater Court ruling No. 90CW321 will be capable of supplying domestic water from McPherson Springs No. 3 and No.4. Prior to siguing a resolution and exemption plat, a letter from the Silt/I.[ew Castle Fire District will be obtained from the Fire Chief by the applicant. 3. 5. 6. 7. 8. o1- Adlornin!.2125 ra 2tl9:Oil )iit'r rLY (D ;l--*- a qD (9 F.IEPt'tw€,w rcitl ieD fr,i,;W,*' , ae)QJD 6D r.lQl'it. a m I T I I -L;;(iD ,€!t YISi .1o.'tl[". S[E TIAP 2t r9.lt (D lartl. QE @ .p .Q-l a) , ,."i , ii:"i"ii':.i;i.:;r.. ..,: .:. .. :, i . : .: .. ':.,' " ''..'l i.l1,i . . i ,.:,,:. j ...i:.. .ri-.i.:ii;i,.: t.:.: ',, '..,,, ;:I"'.:ii" r .: :,,,..:i':., |-'.,:,i;:,ii,: .. .,. ,j: I i .-: 'r 1: ''.. :E'. j . . .. . :.: lr.. 1!!: :}o3: IilRTER RES .TEL :;0J-ubb-5589 t{ 9..l ! :2 1 t'io . Uub l-' . u2 ST{TE OF COLORADO OTFICT OF THE STATE ENCINEER Division of Natrrral Resourctg Dcpertmenl of Natural Resourt'.os l31l Shcrman Slreet, Rrrrm 818 Denver, Colorarlo 0O2Ol phone ilolt 066.350t i tAX l3o3l 8fr6-3589 i i rl::i .: April 13, 1994 Roy Rrmer(lourmp; l.rmc* $. ttrhhoed Ex.culllr frinal(r Hrl D. Sltqrrrr Strte Engirwr Mr. Dave Mlchaetson, Plapner Garlield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: McPherson Exemption SWN, Section 12 and NWU, Section 13, T65, R92W, 6th P.M. Water Division 5, Water District 45 Dear Dave: Thank you for referral for the McPherson subdivision exernption located southeast of thc Town of Silt. The applicant is requesting to sptit a 23.864 acre parcel into two parcels of 10.216 and 13.648 aores. Tho proposed source of wator is assuntcd to be a well. * The County'g referral included a copy of case 90CW321, a d@ree for two springs for stock watoring, irrigatlon and donlestlc wlth a oavent Orat the water will not he utilized for hutnan con$umption since the applicant has a domestic well for said purpose. I agree witlr your conclusion that this decree does not satisff a valid domestic water supply for two proposed lots. A rcvicw of our records intlicates that permit I25341-A (copy encloscd) was issuecl to the McPherson's for ordinary housetrold purpose.g inside ono singlc family dwelling, ftre protcction, irrigatiorr of not mora than one acre and donrestic anirnal watering. The file also indicatcs this well was constructed on a t.75 acre parcel. Aftcr plouing the well, it appears that this well could be locatpd on the 2l tue parcel. If the wcll is located on one of the two parcels as descritred above, it can bc the water supply tbr the parccl for the condition* as listed on the permit. Upon approval by the County, we coultl issnc an additional housetrold use only permit for the $econtl site bascd on tlle following conditlotu. If the existing well is not located on either of these parcels, wc could issue household uso only pennits for oach parcel bnsed err tlre sante following conditions. l. The 23.864 acrc property has flot been previously snbclivided or exerrrptci siuce 1972, A copy of a deed showing ttre 23.864 acre parrcl wa.s crented prlor to. 1972 ntlst ac@mpany each well permit application, We considcr this a one-timo exemptlon ard wilt not make additional pernrits availablc for future splits of eitltcr trafi. -q' ,,,:l:l | [., i-. I IJflTER RES.TEL :5U5-886-358e Hpr 14 Y4 \ | l'l f',lu . uu6 F' . uJ Davc Michaelson April 13, 1994 Each well permit will be limited to use inside one single fanily dwelling only. Outsidc use for lawn and garden irigation or livcstock will be prohibited. Plat notcs and covenants should reflect this limitation. The applicants should provicle proof that arr evaporative wastewater systetn will not be required. We could not issue a well pernrit if any evaporative system is requiral. Prospective lot purchasers should be rnade aware of the limitations on water use. 1Vc recotnmend that a copy of ttris lettcr bc given to lot purchnscrs and submitted with the well permit applications. Should yorr have further questions or comments regarding the water ,supply for this project, plcase contact me at the above address. rpington ,urces Engineer attachments co: Orlyn Bell, Division Engineer Bob Klenda, Water Commissioner nrcpherson.sub 2. 3. 4. -10- ,lri:i T.S 2g flt'obot n Io oI n29 -oo I's.u I60 I:3 Ir-o { I--a Ir-s Io. Is3 t-t Fze I-oo I'Ei Ise I-t , irila! II ^-./ --rfi/ t-s, -oI 60, oc,{..s -64.LN-AEg Y .// I ii--.-Ll-----_\-'\-\ a,o e1ffi#r + 0t/ .23 -e -dNi,_oo \ 5?ON 328'C40 E l./tO2,8'5 5ro N 626,241 € l,itoz'523 52sN 62t,2?7 E r,4O2,6aO -+-- !:6tl 626,812 E l,ao3.076 "\\ -A I ,v I ooPL 3{ m20 ro5 oi{NO ego '/ /'