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Home My WebLink About2.0 BOCC Staff Report 03.12.1984• . BOCC 3/12/84 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: S.B. 35 Exemption APPLICANT: Clyde Sievers LOCATION: SITE: WATER: A parcel located partially in the NE 1/4 NE 1/4 Section 9 and the NW 1/4 NW 1/4 Section 10, T6S, R92W, more practically described as a parcel located adjacent to the town limits of Silt and south of the I-70 R.O.W. A 35.22 acre parcel to be split into two parcels of 33.2 acres and 2.02 acres. Individual wells SEWER: Individual septic and State approved sewage disposal system ACCESS: ZONING: ADJACENT ZONING: I-70 Frontage road Agricultural/Industrial(A/I) North I-70 R.O.W. South A/I East A/I West A/I I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The parcel is located in the Silt Urban Area of Influence, District A. II. DESCRIPTION OF THE PROPOSAL A. Site Descri2tion: The site is a relatively flat alluvial bench adjacent to the Colorado River. The majority of the parcel is cropland, with some large cottonwood trees on the edges of the property. B. Project Descri2tion: It is proposed to split the 35.22 acre parcel into two parcels of 33.2 acres and 2.02 acres. The 2.02 acre parcel has the proponent's home on it and is served by an individual well and sewage disposal system. The 33.2 acre parcel contains the Sievers Camper Park, which was approved as Special Use Permit #147 on May 25, 1978. The 70 space camper park is served by an individual well and a State approved sewage disposal system. Additionally, the 33.2 acre parcel is a part of a larger 35.2 acre parcel, of which 2.0 acres is within the Town limits of Silt. Mr. Sievers had initiated annexation to the Town but discontinued the action after the 2.0 acre portion of the parcel was annexed. III.MAJOR ISSUES AND CONCERNS A. Zoning: The proposed 2.02 acre and 33.2 acre parcels comply with the minimum lot size requirements of the A/I zone district. • • B. Review Agency Comments: 1. The Town of Silt recommends approval of the proposed exemption subject to certain conditions: (See letter pg..5,3 a. No gravel pits created or contemplated. b. Both parcels agree to annex when they are eligible or request further subdivision. c. No further splits by exemption. d. Any new development be served by Town utilities. C. Staff Comments: 1. As noted previously, the 33.2 acre parcel is a part of a larger 35.2 acre parcel. The Assistant County Attorney has advised that the County can only act on the 33.2 acre portion of the parcel. Any action taken by the County should not imply that the portion of the larger parcel that is within the town limits is a separate, buildable lot, unless approved by the Town of Silt. A plat note should be included on the exemption plat stating: That lot - is partially contained in the Town limits of Silt, and for the purposes of definition of subdivision is all one lot. 2. Access to the proposed 2.02 acre parcel is through the proposed 33.2 acre parcel. A perpetual access easement to the 2.02 acre parcel should be included on an exemption plat. 3. Letters from the Colorado Water Conservation Board indicate that the property in question may be partially in the flood fringe area and subject to 1 and 2 foot inundation of water in the Camper Park during a 100 year flood. They state, given the temporary nature of the park, flooding should not pose a hazard. IV. FINDINGS 1. The application meets the requirements for an exemption from the definition of subdivision set forth in Resolution # 80-65; 2. The proposed lots meet the requirements of the Agricultural/Industrial zone district contained in the Garfield County Zoning Resolution of 1978, as amended; 3. That for the above reasons and others, the proposed exemption from the definition of subdivision is in the best interest of the health, safety, morals, convenience, order and prosperity of the citizens of Garfield County. V. RECOMMENDATION APPROVAL, with the following conditions: 1. That an exemption plat be drawn and signed by the appropriate persons and contain the following information: a. legal descriptions of both parcels, with the larger parcel being shown as 35.2 + acres with the town limits indicated on the map. b. a legally described perpetual access easement through the larger parcel to the 2.02 acre parcel. c. a plat note stating: That lot is partially contained in the Town limits of Silt and for the purposes of the definition of subdivision is all one lot. 2. That no further exemptions from the definition of subdivision will be allowed. 3. That prior to any further development of either parcel, annexation to the Town of Silt will occur. TOWN of SILT P.O. Box 174 Mark Bean Garfield County Planning Commission 2014 Blake Glenwood Springs, CO 81601 Dear Mr. Bean: Silt, Colorado 81652 303 876-2353 ;;,1 .Dm VOR . 5 1984• 1 L __'� ,FIELD CO. PLANNER March 1, 1984 Thank you for the opportunity to comment on the proposed Sievers Exemption. The Town Board reccomends approval with the following conditions. 1. That no gravel pits be created or contemplated. 2. That both parcels agree to Town annexation when they become eligible or should further resubdivision occur. 3. That there be no further division by exemption. 4. That all proposed new development be served by Town Utilities. Thank you again for the opportunity to comment. Sincerely, David C. Weitze Town Administrator 3 S TOWN f sn!r P.O. Box 174 Silt, Colorado 81652 303 876-2353 1984 lip 'y . FlEL[:D CO. PLANNER March 1, 1984 Mark Bean Garfield County Planning Commission 2014 Blake Glenwood Springs, CO 81601 Dear Mr. Bean: Thank you for the opportunity to comment on the proposed Sievers Exemption. The Town Board reccomends approval with the following conditions. 1. That no gravel pits be created or contemplated. 2. That both parcels agree to Town annexation when they become eligible or should further resubdivision occur. 3. That there be no further division by exemption. 4. That all proposed riew development be served by Town Utilities. Thank you again for the opportunity to comment. Sincerely, David C. Weitzel"' Town Administrator l,. RICHARD D. LAMM Governor 2210H • • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 March 9, 1984 Mr. Mark L. Bean Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Re: Sievers Exemption Dear Mr. Bean: JERIS A. DANIELSON State Engineer We have reviewed information submitted concerning the Sievers exemption. Unfortunately, a complete water supply plan was not included. Therefore, we cannot recommend approval. The questions you ask in your letter of February 17, 1984 are the appli- cant's obligation to answer as a part of the water supply plan. Specifically: 1. It is the applicant's obligation to demonstrate that a decree has been obtained for the well. Our tabulation of water rights for Water District 45 does not indicate a "Sievers well no. 2", however, a recent decree would not appear on the tabulation. 2. The applicant should identify each well and state the lot where each well will be located. He should also give the permit number or decree which allowed each well to be constructed. Permit number 24328-F was issued as a change of use for well number 59849. Permit no. 24328-F cancelled permit no. 59849 and, therefore, only one per- mit was included. The survey for Sievers well no. 2 has a note on the bottom "Drilled January 1968". This seems to conflict with per- mit no. 24328-F (identified as Sievers no. 2) which was the change of use of 59849 which was not issued until 1972. 3. Even if these wells are adjudicated, we believe they may be junior and, therefore, unreliable as a subdivision water supply. In order to be a dependable supply, they would have to be covered by a plan for augmentation. 4. No information is presented concerning the existing or proposed use of this water. How would each well be used in the proposed.propet division? 0 19B4 • • • Mr. Mark L. Bean Page 2 March 9, 1984 We cannot recommend approval of this proposal at this time. We will be happy to review a complete water supply plan if the applicant chooses to supply one. Sincerely, Hal D. Simpson, P.E. Assistant State Engineer HDS/KCK:ma cc: Orlyn Bell, Div. Eng. Reiner Haubold