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Home My WebLink About2.0 BOCC Staff Report 09.20.1999REQUEST: BOCC 9/20/99 PROJECT INFORMATION AND STAFF COMMENTS A request for exemption from the subdivision regulations to create 1 new lot and a remainder parcel. APPLICANT: Paul Shideler LOCATION: A tract of land located in a portion of Section 29, T6S, R92W of the 6th P.M.; Located approximately 4 miles southwest of Silt, off of County Road 315 SITE DATA: 176.262 Acres WATER: New Parcel = Well (permit obtained) Remainder Parcel = Existing Spring SEWER: ISDS ACCESS: CR 315 for both parcels EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the exempted lots is located in the Rural Areas, Minor Environmental Constraints Management District as designated by the 1984 Garfield County Comprehensive Plan's Management Districts map. This District is characterized by lands constrained by a lack of municipal water and sewer service, and by areas of localized environmental constraints. Anollw / 4.1111111 • • II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site,is located approximately five (5) miles west of Silt. (See location map pg. B. Project Description: The exemption would permit the creation of a 24.77 acre parcel for single family residential development and leave a remainder parcel of 151.492. The new parcel has a permit to install a new well with and use an individual sewage disposal system. The remainder parcel and existing residence is served by an existing spring and individual sewage dis osal system. Access for both parcels would be directly off CR 315. (See pgs. 1 C ) III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations states 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 described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;" The applicant, has provided a copy of a deed indicating that the property existed prior to January 1, 1973. In the information attached, the applicant indicates that the tract of land has had exempt 35 acre tracts split off since that time. It is not clear from the application, how many 35 acre tracts have been split off of the original tract since that time. If three (3) or more 35 acre tracts have been split off of the original tract since January 1, 1973, the application does not qualify for exemption. The creation of 35 acre tracts since January 1, 1973 does count against the ability to get additional exemptions via the County subdivision exemption process. It is also noted that the smaller tract is separated from the larger tract by the county road. If the entire parcel is separated from the rest of the parcel by the County road, the application can be approved. ' ` /61147P7 - S-9 gO B. Zoning: The A/A/RD district allows by right agricultural uses and construction of a single family home on no less than a 2 acre lot. The lot size proposed exceeds zoning requirements. C. Legal Access: Legal access for both parcels will be provided by CR 315. • • D. Water: The applicant has obtained a well permit for the new parcel and will continue to use a spring for water on the remainder parcel. Prior to the approval of an exemption plat, the applicant will demonstrate that all wells will meet the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 7) If any well is to be shared, a water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. E. Sewer: The new parcel will use a ISDS and the remainder parcel uses an existing ISDS. F. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Department of Health ISDS setback standards, which should be verified by an engineer, upon installation of the new system. G. The following plat notes shall appear on the Final Exemption Plat: "Control of noxious weeds is the responsibility of the property owner." "One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owners property boundaries. " "No open hearth solid -fuel fireplaces will be allowed anywhere within a subdivision exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances" . • • "All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision exemption." "Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued." IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. 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. 3. That for the above stated and other reasons, the proposed exemption from the subdivision regulations will not harm the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION The applicant must provide additional documentation regarding the relationship of the smaller parcel to the remainder of the tract. If it is entirely physically separated by the County Road, the requested exemption can be approved. If there have been only one or two 35 acre tracts created from the original tract that existed on January 1, 1973, the requested exemption can be approved. If the exemption can be approved, it should be with the following conditions of approval: 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 conditions of approval. 2. A building permit be approved prior to any regulated construction of any new dwelling unit. 3. Prior to the approval of an exemption plat, the applicant will demonstrate that all wells will meet the following: 1) That a four (4) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate • • in gallons per minute and information showing drawdown and recharge; 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; 7) If any well is to be shared, a water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. 4. The following plat notes shall appear on the Final Exemption Plat: "Control of noxious weeds is the responsibility of the property owner." "One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the owners property boundaries. " "No open hearth solid -fuel fireplaces will be allowed anywhere within a subdivision exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances". "All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision exemption." "Garfield County has a Right -to Farm -and -Ranch regulation, which recognizes the important contribution agriculture makes to this County. Nuisance complaints made against customary and legal agricultural operations and practices will not be pursued." 47,0;1 6-/ 3/5- e-tif 6°- • Site Vicinity Map • "Shideler Exemption Plat" Situated in the NE1 /4SW1 /4 of Section 29 Township 6 South, Range 92 West of the 6th P.M. County of Garfield, Sate of Colorado \ \ t4\ 600 ,fI 55,0 I i + , I.- ,Substa ,sem_-�� l•-•1•--cate,, 1> ' . I 21,, 5 SF %�IPr1�r1 n� r� HI North SurvCo, Inc. Professional Lond Surveying Services 1001 Grand Avenue Suite #205 Glenwood Springs, Colorado, 81601 (970) 928-8233 Prepared For: Paul Shideler SCALE: 1"-2000' DWG NO.: 95119SVM.DWG PROJECT: 95119 N. Br Dot. R.vhlon D.xrhtIon: • • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) § 30-28-101(10)(a) - (d), as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984, as amended February 19, 1997, §8:00, the undersigned, PAUL SHIDELER, respectfully petitions the Board of County Commissioners of Garfield County, Colorado to exempt by Resolution of the division of a 176.262 acre tract of land into two tracts of land, one of which will be approximately 24.77 acres, more or less, and one of which will be approximately 151.492 acres, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) § 30-28-101(a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: 1. The 176.262 acre tract which is the subject of this Petition is owned by the Petitioner, Paul Shideler (See copies of deeds submitted herewith). 2. The 151.492 acre tract of land (hereinafter referred to as the "remaining parcel") contains one house which has been on the property for a number of years, and the 24.77 acre tract of land (hereinafter referred to as the "exempt parcel") is unoccupied and undeveloped, and is separated from the remaining parcel by County Road 315. 3. Any improvements to be erected on the exempt parcel will be served by an individual well and septic system. Petitioner has obtained well permit number 210023, issued on June 5, 1998, which will serve the exempt parcel. (See attached well permit.) The remaining parcel has a spring and septic system in place which serve the current residence. 4. Access to the exempt parcel is from County Road 315, which County Road crosses the easterly side of the property. The remaining parcel has access from County Road 315 as well, as the County Road runs along the west side of the larger parcel. 5. Copies of the deeds in the Petitioner's chain of title from January 1, 1973 through the present are submitted herewith. These deeds demonstrate that the Petitioner's 176.262 tract, as it exists presently, is not one of more than three (3) parcels, as defined by the laws of the State of Colorado and the Subdivision Regulations of Garfield County, which have been created from a larger parcel as it existed on January 1, 1973. As per Colorado law and the County Subdivision regulations, 35 acre tracts have been split off and sold from the larger parcel, as it existed on January 1, 1973. However, these 35 acre splits do not constitute parcels of land that were created by exemption. As noted above, the exempt parcel is also divided from the remaining parcel by a public right-of-way, which is County Road 315, and thus should not be considered to have been created by exemption with regard to the four (4) lot parcel limitation. • • 6. In further support of this Petition, the following are submitted herewith: A. Proposed subdivision exemption plat, including section control diagram. B. Schedule of names and addresses of owners of record of lands within 200 feet of the proposed exemption, and mineral owners of record of the property. C. Soil types and characteristics from USDA Soil Conservation Service. D. Copy of letter to Rifle Fire Protection District. E. Three Hundred Dollar ($300.00) application fee. WHEREFORE, the undersigned requests that the Garfield County Board of Commissioners approve the subdivision exemption. SIGNED this day of July, 1999. STUVER & GEORGE, P.C. By Melody D. Massih - #24683 Attorney in Fact for Paul Shideler P.O. Box 907 120 West Third Street Rifle, Colorado 81650 Telephone: (970) 625-1887 STATE OF COLORADO ) ss COUNTY OF GARFIELD Subscribed and sworn to before me on this 9th day of July, 1999, by Melody D. Massih. Witness my hand and official seal. My commission expires: 11-15-2001 OT -08-06 02:12PM1 FROM -DIVISION QFFR RESOURCES 3038662223 berm. No. urrit..c Jr tri M 1 L ?~IY4Yf1YCt.0 I .WS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (3031 866-3681 APPLICANT PAU)_. SH(DELER 9667 MAMM CREEK SILT, CO 81652 (970)876-2757 PERMIT TO CONSTRUCT A WELL T-671 P.02/03 F-585 LIC WELL PERMIT NUMBER 210 0 3 DIV. 5 CNTY. 23 WO 45 DES. BASIN MD Lot: Block: Filing: Suhdsv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 29 Twp 6 S Rng 92 W 6th P.M. DISTANCES FROM SECTION LINES 2236 Ft. from SOUTH Section Line 2000 Ft. from WEST Section Line ISSUANCE OF THIS PERMIT DDE5 NOT CONFER A WATER RJGtlT CONDITIONS OF APPROVAt.. 1) This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCF( 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3){b)(Il)(A) as the only well on a tract of land of 35.27 acres described as that portion of the NE 3, SW 3/4, Sec. 29, Twp. 6 South, Rng. 92 West, 6th P.M., Garfield County. Reference attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one {1) acre of home gardens and lawns and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. S) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. .G' lam" f- APPROVED Ar<r":2 DMW &tm Enp,neer ey Receipt No. ,� DATE ISSUED �N a 1� EXPIRATION DATE �� 07-08-99 02:13P14 FROM -DIVISION OFaR RESOURCES , COLORADO DIVISION OF WATER RESOURCES DEPARTIVfENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW 35+ ACRE RESIDENTIAL 3038662223 11 T-671 P.03/03 F-585 jw103x998 4 14V1...I ,{.0 ikater `Well Permit Application Must be colleted in black k or typed 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name of applicr El A. Ordinary household purposes in up to 3 Lt { c1.r2 e. %j' single-family dw�elEngs, thew 19 of Mailing Aa f� domestic animals, and the irrigation of not more .147 R -� li1 OAYf e .S' than one (1) acre of home gardens and lawns cfii c� tr.� S ic Zip codC �5 a B. Livestock watering fon farmhenohirenee.+pastur,e) Telephone Number !include Nett coda) 7. WELL DATA %j 7 r^ MAXIMUM PRODUCTION RATE OF THE WELL 2. TYPE OF A!PL(CATION SHALL NOT EXCEED 15 GPM CONSTRUCT A NEW WELL ON A TRACT OF 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM LAND OF 35 ACRES OR MORE —dll•••••• ERI Septic tank / absorption leach field ❑ Central system 3. REFER TO tit applicable): District name: Monitoring note acknowledgment it • Vault Location acwage to be hauled to: MH- • Other (driers copy of eepinamiAg dealgn) 4. LOCATION OF WELL - county /� k \ i `Pi r etuaTurkvU�ror / � _ __ 114 Quarter 9. PROPOSED WELL DRILLER (oprsanaI) 1 YL/_ 5 -- 111. Na�ary a Q License masher Sactkm cl9 Township N or S 4 0 ea Range r or W tyA Q � pilar pa[ rrtl,en 14 l� � j v _ _ . _ ' — 10. SIGNARE of applicants) or authorized agent Distance of well from section tinea The malting of false statements herein Constitutes perjury - in the second degree, which is punishable as a class 1 mis- A a - it from ❑ ti 1a 6 Aeolz, fr_ ,tern 0 E tl,g w demeanor pursuant to C.R.S. 24-4-104 (13)(al. I have read Wad foamier) aodrrss. if diffonxrt from applicant addax: (if applicable) the Statements herein, know the contents thereof and state that they are true to my knowledge. 5. TRACT ON WHICH WELT. WILL RE LOCATED ATTACH LLGAL DFsORIPTtoN FOR 3S+ AcRE TRACT ❑ Development Tale . OSA, Date 3 -36-98 . Name Office Use only ,e{ t4 /Aped ../ ^ &C.01, 6 a L -`T DWR Map No. Lot rte. Unit # Of Other - ' "i e.1C-4[r f 4" DIV .-? R. VTATE PARCEL CHECKS TR 4:11.2 C) V.08-98 Cel3 ID# top an,)- Iiia OF WATER RESOURCES c. #arses in tract - WO 4]K5 q 7 a -r -z--) .f D. BA THIS WILL BE THE ONLY WELL ON THIS TRACT USE MD --.__-- Form OWS-50 (1219