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Home My WebLink About2.0 BOCC Staff Report 06.12.1995• 1 BOCC /1/%s' PROJECT INFORM AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Jack Sonnier ..CATION: A tract of land located in Section 1, T6S, R92W of the 6th PM, located approximately one and one half (11/2) miles east of Silt , off of CR 214. SI'1'I' DATA: 43.011 acres WATER: Wells SEWER: ISDS ACCESS: CR 113 EXISTING/ADJA.CENT ZONING: A/R/RD 1_ RELATIONSHEP TO THE; COMPREHENSIVE PLAN The site is located in District C - Rural Areas Minor Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL. A. Sit D .s cri to ion: The site is located in the west end of Peach Valley, in an area of low-density residential and agricultural uses. Improvements on the site include a single-family home and barn with corral, located on the western portion of the proposed exemption. The parcel slopes gently toward the County Road, with the majority of the parcel being open pasture.. A vicinity map is shown on page ti.p. II. Project Description: The applicant is proposing to split the 43.011 acre parcel into two (2) tracts of approximately 13.485 and 29.526 acres in size. The 13.485 acre parcel will have the house and barn on it and an existing well and ISDS will serve this parcel. The remaining acreage is vacant and is proposed to be served by a new well and ISDS. A sketch plan of the proposed exemption submitted with the application is shown on the attached mall S. • • III_ MAJO1LISSUESANi) CONCERNS A. Subdivision Regulations Section 8.52 of the Garfield 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 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) ornatural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way ornatural 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; A deed submitted with the application describes the parent parcel on July 9, 1965 (Book 367, Page 447). There have been two smaller parcels split off since 1973, but it appears that they may have been boundary line adjustments. Regardless, the two (2) parcels proposed can be created through the exemption process B. Zoning. Both exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. C. Legal Access. The parent parcel is accessed directly from County Road 214. Based on the plat submitted with the application, it appears that a portion of the existing roadway is within the properly as it is presently legally described. The exemption plat should include the dedication of that portion of the roadway to the County. D. Water and Sewer. The applicant proposes to serve the exemption parcels with individual wells. The existing parcel is served by an individual well, permitted in 1965. The new parcel will be served by a well augmented by water provided by a West Divide Water Conservation District contract for substitute water. Staff referred the application to the State Engineer's Office. The State agreed that the well permit could be issued for the new parcel, provided the West Divide contract is approved. (See letter pg. 6 ) Prior to the final approval of an exemption plat, a signed copy of the contract should be submitted to the County Planning Department. Sewer will be provided by ISDS. Soils on the site are predominantly Soulhace Cobbly Sandy Loam(#98), which is considered to have moderate constraints for ISDS, although the primary constraint is based on slope. E. 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. F. Drainage. No drainage easements appear to be necessary, but should be verified on the field by the applicant's surveyor. G. Fire Protection. The Burning Mountain Rural Fire Protection District needs to review the proposed exemption and a letter submitted prior to the exemption plat being approved. c,? • • H. Easements. Any required easements (drainage, access, utilities, etc..) will be required to be shown on the exemption plat. I. School Impact Fees The applicant will be required to pay the $200.00 impact fee prior to the approval of the final plat. J. Soils/Geologic Hazards Based on a review of the County geologic and soils hazard information, there do not appear to be any known geologic or soils hazards on this property. K. BLM Comments The BLM has noted a number of issues related to private property ownership rights when that property is adjacent to public lands and concerns related to wildlife habitat. (See pg. _) 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 is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff recommends APPROVAL of the application, subject to the following conditions: 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 Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lot, access to a public right-of- way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. Further, that the plat include the dedication of that portion of County Road 214 contained within the property, tq tI e County. 7 . 7/1- rhQ rni s ate? h D' 7g,v/Gif. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 4. That a letter be received from the Burning Mountain Fire District indicating their ability to protect the property prior to approval of the exemption plat. 5. That the applicant shall submit $200.00 in School Impact Fees for the creation of the exemption parcel. 6. Control of noxious weeds is the responsibility of the property owner. 7. All new construction shall be consistent with Colorado State Forest Service wildfire prevention guidelines specified in the pamphlet "Wildfire Protection in Wildland Urban Interface"(C.S.F.S. #143-691). fait) //ad -At -4- - 6dr+ /friss 71 r G 7- ae-47 /0/ -ex/ szei X 3 -1 - 44 7) 111- 12 Adjoining 2125 ,1, 1 2 002 003 004 4 2—I1C(9—F) 2—Iff(s=F SFT 529 528 514 515 'Fox exempt 2 0) 0 /0 L 10 111 383 338 \i N o "PIN & CAP FOUND L.S. 33:7 NI/ 0 0• PIN & CA? =OUND L.S. 33:7 w 0 0 O °'N & CAP SET L.S. 16.542 Po, PIN & CAP SET L.S. 16842 W.C. 00 u 0 0 0 0 0i- 0 — .2. N 99 59 29 = 392.27' 1/ DITCH TYP . /OVERHEAD UTILITY ABUTS FENCE LINE LINE BEARING L I S 00'23'07-E L 2 5 03'17'18'= L 3 S 18'12'20'0 L 4 N 90'00'00'0 L 5 N 90'00'00'W L 7 S 00'21'19'0 L 8 N 00'00'00'0 L 9 5 89'55.14'W • I0 5 00.23'07'0 N 75'49':8'E DISTANCE 78.57' 82.38' 45.:5' 46.14' 0.12' 38.0:' 13.92' 16.20' ;3.44' 3.73' 0 0 0 1� I r,,s° ?IN & GAP SET L.S. 16642 w un iPIN I N 4 CA? SET L.S 16842 \ 0 I _ `i ------------.-------------T------- / 0 RrI SCALE 1'-120' /20 S 89'59'29'' 965.57' 240 COUKPY 1J. -D 21; PIN & CAP SET L.S. 16842 W.C. L5 N PIN & CAP FOUND L.S. 3317 NE COR. NE 1/4 SW 1/4 PER PEACH VALLEY ACRES PLAT PROPERTY PARCEL NO. 1: PORTION OF THE SWI/4 NWI/4 AND THE . RANGE 92 WEST OF THE SIXTH PRINCIPAL A5 FOLLOWS: BEGINNING ON THE SOUTHERLY LINE OF SA NEI/4 SWI/4 OF SAID SECTION I BEARS N ALONG SAID SOUTHERLY '_INE OR THE EXTE =_= THENCE N. 00 DEGREES 00'00' E. 0= SAID 50:/4 NWI/4 OR THE EXTENSION =NCO 5. 00 DEGREES 23'07' E. 78.67 THENCE 5. 02 DEGREES 01'00' W. ET: 82 38 FTHENCE S. 18 DEGREES 12'2 45. i4 = THENCE 5. 00 D -_u 5 23.0 DESCRIB D PARCEL CONTAINING 13.485 AC COUNTY OF GARFIELD STATE OF COLORADO PARCEL NO. 2: PORTION OF THE SEI/4 NWI/4 0= SECT' THE SIXTH. PRINCIPAL MERIDIAN. BEING V. BEGINNING ON THE SOUTHERLY LINE OF SA THE NEI/4 SWI/4 OF SAID SECTION 1 BEA THENCE N. 89 DEGREES 59'29' _. 965.5" THENCE 5. 75 D_u S 49'18' W. 257.93 =EET, THENCE N. 00 DEGREES 09 _..- -- JO =3,.-= 21 OF SAID SEI/4�NWI/4 OF SAID SECTION S. 00 DEGREES 00'00' W. 1340.96 FEET CONTAINING 29.525 ACRES MORE OR LESS. COUNTY OF GARFIELD STATE OF COLORADO GARFIELD DEPOSITED THIS IN THE GARFIELD COUNTY INDE: RECE?TION NUMB=R BY: GARFIELD COUNTY SURVEY" DATE: FILING INFORMATION: SECTIO OF THE SIXTH PRINCIPAL MERI I. JAMES W. SEXTON. BEINC DO HEREIN STATE THAT A L. AS SHOWN HEREON. I F'URT DIRECT CHECKING. RESPONS OFFICE OF THE STATE ENGINEER Division of Water Resources [)epartment of Natural Resoun es 131 S Sherman Street, Room 818 I)envt r, Colorado 110203 I'hnnrt (il) it 866-1581 FAX (30 I) 866-358) Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 STATE OF COLORADO April 12, 1995 RE: Sonnier Subdivision Exemption NW 1/4, Section 1, T 6 S, R 92 W, 6th P.M. Water Division 5, Water District 39 Dear Dave, Roy Roma Governor lames S. I.nchheai Execulive Director I lit D. Simpson Slate Engineer We are in receipt of the subdivision exemption referral to split a 42 acre parcel into two parcels of approximately 13 and 29 acres. One parcel is to be served by an existing well, permit no. 25913, and the second parcel is to be served by a new well augmented by a water allotment contract from the West Divide Water Conservancy District (District). The existing well, permit no. 25913, was issued on November 22, 1965, for domestic and livestock use. This well may continue to be used as permitted; however, the use of the well cannot be changed or expanded from its historic use. Under current laws, and hydrologic conditions, it appears that our office could approve a well permit for the second lot pursuant to Colorado Revised Statute 37-90-137(2) and according to the terms of the District's substitute water supply plan approved by this office, provided the applicant has obtained a water allotment contract from the District. Should you have any questions regarding the water supply for this project, please contact this office. Sincerely, f(.. Jeff Deatherage Water Resource Engineer cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner Steve Lautenschlager, Assistant State Engineer sonnier2.sub • • United States Department of the Intellor ri!.? RUR' AU OF LAN') 'MANAGEMENT Glenwood Springs Resource Arca 501;29 11igIi vay (i and 2,1 l'.O. Box 1009 Glenwood Springs, Colorado 8IIi1P2 June 5, 1995 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Bean: iNlien\•RI: F:afu: 1785g (7-880) In response to your request for comments regarding the proposed Sonnier Subdivision Exemption at 3575 County Road 214, Silt, Colorado, I offer the following statements for your scheduled June 12, 1995, public meeting. The entire northern edge of the 42 acre tract is adjacent to public lands administered by this office. Current uses on the BLM include livestock grazing, wildlife habitat, and dispersed recreation such as hunting, horseback riding, and hiking. 1. Ownership of land adjacent to BLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 2. The owners should be advised that the adjacent public land has current permits for livestock grazing. Under Colorado statutes, it is a landowner's responsibility to construct, and maintain in good condition, a lawful fence protecting their property in order to recover any damages from trespass livestock. If a livestock fence is not presently in place, a fence built along the private/BLM boundary is recommended to resolve this use conflict. The proponent should be aware of the location of property boundaries to ensure no encroachment occurs on public land. Should any fence construction be considered along the private/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. Adjacent public land is open to hunting and other dispersed recreation activities. The proponents should be aware that hunting and other recreation uses are allowed on BLM-administered land. 4. Any roads, trails, paths, or utilities (water, electric, phone or otherwise) crossing BLM would require right-of-way (ROW) permits from this office. An environmental assessment report would be completed as a part of the ROW permitting process. 5. The proposed subdivision lies within deer critical winter range. Encroachment of homesites and people on big game winter ranges can have a deleterious effect on game herd populations and health. Animals currently wintering on the private lands will be displaced to adjoining public and private lands. Habitat conditions on much of the big game winter range in this area is considered unsatisfactory. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at 945-2341. Sincerely, ez_Michae S. Mottice Area Manager