HomeMy WebLinkAbout2.0 BOCC Staff Report 06.19.1995• i
BOCC 6/19/95
PROJECT INFORMATION AND STAFF COMMENTS
R EQU EST:
APPLI CA NT:
LOCATION:
Subdivision Exemption
Ernst and Margarete Schopp
A parcel of land located in a portion
of Section 4, T6S, R92W; Located
approximately one (1) mile west of
the Town of Silt, west of County
Road 229 (Ukele Lane).
SITE DATA: 22.63 acres
WATER: Individual Well
SEWER: I.S.D.S.
ACCESS: County Road 229
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSI-IIP TO TF1 E COM PREHENSIVE PLAN
The subject property is located in District A - Town of Silt Urban Area of Influence, as
shown on the Garfield County Comprehensive Plan Management Districts Map.
H. DESCRIPTION OF TIIE PROPOSAL
A. Site Description: The subject parcel is located, west of the Town of Silt, in an
area of historical agricultural lands. The site has been used for agricultural uses
in the past, and includes a single family home and associated out -buildings. A
vicinity map is shown on page '
9, �3
B. Request.: The applicant is r uesting to split the 22.63 acre parcel into two (2)
parcels of approximately 1 and 12.90 acres in size. The proposed supply of
water is an existing well for the 9.73 acre tract and a proposed well for the other
parcel. Each lot will utilize individual sewage disposal systems. Access to the
lots would be off of C.R. 229 (Ukele Lane).
Gro -
roe
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III. MAJOR ISSUES AND CONCERNS
Section 8:10 (Applicability -Exemptions) states that the Board has discretionary
authority to except a division of land from the definition of subdivision.
Following a review of the facts of each application, the Board may approve
conditionally or deny an exemption request. The Board may not grant an
exemption unless the applicant can demonstrate compliance with zoning, legal
access, adequate water and sewer, state environmental health standards,
necessary road and drainage improvements, fire protection, adequate easements
and school impact fees.
2. Exemption Criteria. Section 8:10, states that the Board may approve a total of
four (4) lots parcels, interests or dwelling units, as that parcel was described in
the records of the Garfield County Clerk and Recorder's office on January 1,
1973. The property has been split one time since 1973, when the original tract
of 51 acres was split by exemption into tracts of approximately 20 and 30 acres
each. The applicant's 22.63 acre tract is the smaller of the two pieces created by
Resolution No. 80-268, which means that there are two more exemptions
available to the parcels in question.
3. Water and Sewer. The applicant has an adjudicated spring serving the existing
house on the 9.73 acre tract of land and has applied for a household use only
well for the proposed 12.90 acre tract. The application indicates that the new
may have to utilize West Divide Water Conservancy District augmentation
water form Reudi Reservoir. The State Engineers Office has taken the position
that the "second round" water can be used for well augmentation, but there
need to put a plat note on the plat that states the following(See memo pg.
"The state engineer shall curtail all out -of -priority diversions, the
depletions from which are not so replaced as to prevent injury to vested
water rights pursuant to section 37-92-305(8), C.R.S. (1990). Further,
the applicant and its assigns understand that the lease supply is only for
a period of 25 years and if such lease should expire, fail to be renewed, is
terminated, or anialternative sufficent source of replacement water is
not included in this decree by proper amendment prior to such
expiration, curtailment of all out -of -priority diversions will occur."
Sewage disposal will be handled by ISDS. Predominate soils on the site
according to SCS Soils reports the site have severe constraints for ISDS, due to
slow percolation rates. A plat note indicating that an engineered ISDS may be
necessary due to soils constraints would be appropriate.
4. Building Site Constraints. The SCS identified two types of soil that have severe
constraints for dwellings with or without basements due to shrink -swell potential
in the Arvada loam and slopes in the Ildefonso stony loam. A plat note
indicating that dwellings may have to have engineered foundations due to soils
constraints.
IV. SUGGESTED FINDINGS
1. The proposal is in general compliance with the Garfield County Comprehensive
Plan and the Garfield County Zoning Regulations.
• •
2. The proposed land use would be consistent and compatible with the existing
surrounding land uses.
3. The proposal is in best interest of the health, safety, morals, convenience, order,
prosperity and welfare of the citizens of Garfield County.
V RECOMMENDATION
APPROVAL, subject to the following conditions:
1. All representations of the applicant shall be considered conditions of approval
unless otherwise stated by the applicant.
2. The applicant shall have 120 days to complete the required conditions of
approval. Extensions of 120 days may be granted by the Board for a period of
up to one (1) year.
3. The applicant shall submit $200 in School Impact Fees, prior to the signing of
an exemption plat.
4. A final exemption plat will be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, and any proposed easements for
drainage, irrigation, access and utilities and have the following plat notes:
A. Individual Sewage Disposal Systems and house foundations may have to be
designed by registered professional engineer due to soils constraints on the site.
B. "The state engineer shall curtail all out -of -priority diversions, the depletions
from which are not so replaced as to prevent injury to vested water rights
pursuant to section 37-92-305(8), C.R.S. (1990). Further, the applicant and its
assigns understand that the lease supply is only for a period of 25 years and if
such lease should expire, fail to be renewed, is terminated, or and alternative
sufficent source of replacement water is not included in this decree by proper
amendment prior to such expiration, curtailment of all out -of -priority diversions
will occur."
5. A driveway permit, if necessary, shall be obtained from the Road and Bridge
Department prior to signing of a final plat.
6. Control of noxious weeds is the responsibility of the property owner.
7. USFS Wildfire Protection Guidelines shall be followed for all structures.
8. Easements for the use and maintenance of the existing ditches, if necessary, shall
be shown on the final plat.
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HAY 16 '95 07:38111A LEAVEI Il4OR11 t ii_OIft
P.1.
STATE of OLORADO
urFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1311 Sunman Street, Room 818
Dcmet, Colorado 80303
Phone 43031866-3581
MX (30])866-3589
February 24, 1995
POLICY MEMO1 ANDIJhi 95-1
Ray Romer
ammo(
0mt:5. lochhead
Exmdive Director
WI D. Simpcort
State fagincet
SUBJECT: ACCEPTANCE OF 25 -YEAR LEASE AXJCTIVJ NTATION SUPPLLES
Basis for_policy
The Bureau of Reclamation has stated that all new contracts for augmentation water will only
be on a 25 -year lease with no guaranteed option to renew. Existing leases that come up for
renewal will also only be given the sante 25 -year lease option. The State E.ngineer is very
concerned about this short term lease period in that it places a great burden on the water
users and our office in our attempts to ensure a reliable supply of augmentation water,
especially when dealing with domestic uses.
Various entities have been in negotiations with the Bureau in an attempt to lengthen the
contract period and the State Engineer supports those efforts. .The State Engineer believes
that it is critical to obtain long-term augmentation supplies to ensure viable domestic and
municipal type uses and to protect the vested water rights of others.
•
However, the Bureau appears determined to make the 25 year contract policy a reality.
Therefore, the need for policy by the State Engineer is required.
This policy becomes effective irnniexliately and can only be modified or revoked in writing.
Policy.
1. Water Court
The State Jingineer will accept 25 -year Bureau of Rteclam.aiion contracts as a source
of augmentation water until such time as efforts to increase the contract length, and/or
renewal options are successful. -In order to accept such a supply, all decrees for
augmentation plans with this type of contract must include the following language:
"The state engineer shall curtail all out -of -priority diversions, the depletions
frotu which are not so replaced as to prevent injury to vested water rights
pursuant to section 37-92-305(8), C.R.S. (1990). Further, the applicant and
_ s_
HAY Y 16 '95 07:39121H LEAVEIII ICRTI k CCIL01
POLICY Iti1MOPANDLIN1 954
February 24, 1995
I
Page 2
its assigns understand that the lease supply is only for a period of 25 years and
if such lease should expire, fail to be renewed, is terminated, or an alternative
sufficient source of replacement water is not included in this decree by proper
amendment prior to such expiration, curtaih»ent of all out -of -priority
diversions will occur."
2. Subdivision Review
If a subdivision review is before the State Engineer that proposes to depend on a 25 -
year lease of Bureau of Reclamation water for its augmentation supply, the State
Engineer will clearly inform the County of his concern over the supply and state that
while -we accept the supply, it is the state's position that if the lease should expire,
fail to be renewed, be terminated, or an alternative sufficient source of replacement
water is not obtained prior to expiration of the lease, curtailment of all out -of -priority
diversions will occur. Furthermore, a legal entity should be established to represent
the homeowners such as a water district or homeowners association.
Dated the ___2"? day of February, 1995
11 D. Simpson
State Engineer