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Home My WebLink About2.0 BOCC Staff Report 07.06.1993BOCC 7/6/93 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEER' ACCESS: EXISTING ZONING: ADJACENT ZONING: An exemption from the definition of subdivision. Richard Schwabe A parcel of land located in a portion of Section 10, T6S, R92W of 6th P.M.; Located approximately one (1) mile south of Silt, on the northside of County Road 331 (0511 County Road 311). The site is approximately 30.24 acres. Proposed Well Proposed ISDS Access easement from CR 331 A/R/RD A/R/RD I_ RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District B - Subdivisions/Rural Serviceable Areas (Minor Environmental Constraints) as designated on the Garfield County Comprehensive Plan Management Districts' Map. H. DESCRIPTION OF THE PROPOSAL A. Site Description: The parcel is located in the bottomlands along the south bank of the Colorado River, one (1) mile directly south of the Town of Silt. The parcel currently contains a single-family dwelling unit and a mobile home. Neither dwelling unit is located o the two proposed exemption parcels. A vicinity map is attached on page 0 . Adjacent land uses include single family dwelling units and agricultural uses. 4' • • B. Project DeScrition: The applicant is requesting an exemption to split the 30.24 acre parcel into three (3) parcels of approximately 25.68, 2.229, and 2.229 acres in size. The applicant has submitted a sketch plan of the proposed exemption parcel, as shown on page 3 1 . The applicant is requesting the exemption because the alkalinity of the soil makes agricultural uses impractical, as well as the demand for housing in the area. The applicant's cover letter is attached on page 32. III. MAJOR ISSUES ANI) 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 ofa 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, preventingjoint use ofthe 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; B. The parcel existed as a 30.24 acre parcel as far back as 1963 (Reception 222967, Book 353, Page 255). Since no splits have occurred on the property, the current request is consistent with requirements of Section 8.52. In January of 1979, Percy and Elva Wright, then owners of the property, were granted an exemption of a 2.24 acre parcel from the 30.24 acre parent parcel. This date coincided with an application for a Mobile Home Special Use Permit on the property. No records are available regarding the approval or denial of the Mobile Home SUP. The resolution for the 1979 exemption (79-4) was not recorded until July of 1991. Since no conveyance of the 2.224 acre parcel ever occurred, the County Attorney has taken the position that the exemption did not create a separate legal parcel. Based on this determination, up to four lots can be created through the exemption process. An unresolved issue is the existing mobile home, which appears to be illegally nonconforming. Zoning. All lots conform the two (2) acre lot minimum lot size for the A/R/RD zone district. The uncertainty regarding the existing mobile home may violate Section 8.52 (B), which requires that all Garfield County Zoning requirements are met. C. Legal Access. All lots created have direct access from County Road 331, however, driveway permits are required from Road and Bridge. D. Water and Sewer. The applicant has applied for well permits, but the State Engineer's Office will not approve the permits prior to County approval of the exemption. Well permits necessary to serve each lot created will be required promo to final approval. A copy of the permit application form is attach on page • • E. State and Local Health Standards. No State or Local health standards are applicable to the application. 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 proposed exemption is located in Silt/New Castle Volun eer ire Protection District. A letter from Don Zordel is attached on page. H. Easements. The Final Exemption Plat must include access easements, water easements (if necessary) and any easements necessary for drainage. I. SchoolImpacifees. The additional lots are subject to the required $200.00 per lot school impact fee. J. Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is not located within an area of Soil, Slope, or Groundwater/Septic System constraints. K. Floodplain Staff referenced available floodplain mapping for the Colorado River recently received from the Colorado Water Conservation Board. Although portions of the parent parcel include regulated floodplain, the exemption parcels have generous building sites outside of the floodplain. Individual structures would be evaluated at the time of building permit for floodplain impacts. 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 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 or utilities. 3. 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. 4. That the applicant submit $200 in School Impact Fees for the creation of each new lot. 5. Control of noxious weeds is the responsibility of the property owner. 6. Approved well permits must be submitted to the Planning Department prior to the signing of an exemption plat. % . ? 4? -t' MUST 13E P1? -01712-14 517Lt T 41 1-0 67-tkia TUE lSTi419 1.1opu1-v4 owtei izei7eLe..^,LeS) D To LONput Avcz- (ki) g 'r4' t P P P 20 v.cp j r�, -7 c( �t'i 'wt: w t LA_ bE C*2or)«LLI jEfituuv c°4"EKaD 3 -o 1.110 9 61, r lit 1 a✓ PLp 7- Board Ross Talbott -Chairman William Montover Scan Mello Cary Schroeder Gordon Witzkc • Silt -New Castle Volunteer F.P.D. Box 236 Silt, CO 81652 Don Zordel - Chief Stu Cerise - Assist. Chief April 26, 1993 To Whom it May Concern: The Richard Schwabe land in section 10 T. 5S - R92W is in the Silt/New Castle fire district. Sincerely, Don /k--- del Cheif Silt/New Castle FPD. co a Application must be complete where applicable. Type or print in BLACK INK, No overstrikes or erasures unless initialed. COLOr:, 'O DIVISION OF WATER RESOURC 818 CenteRtrail Bldg., 1313 Sherman St., Denver, Colorado 111./03 PERMIT APPLICATION FORM (x) A PERMIT TO USE GROUND WATER (x) A PERMIT TO CONSTRUCT A WELL FOR: (x) A PERMIT TO INSTALL A PUMP P6Nv // (P(1,L, oe coo-1066)A L 4F �Xt�rl ��p�°vA ( ) REPLACEMENT FOR NO ( IOTHER WATER COURT CASE NO (1) APPLICANT - mailing address NAME Richard Schwabe STREET CITY Silt CO 81652 (Stale) (ZIP) 303-876-2745 0511 County Rd. 331 TELEPHONE NO (2) LOCATION OF PROPOSED WELL County Garfield SW 1/4 of the SE Y4, Section 10 Twp. 6 S , ring. . 92 W 6th P.M. tN,$) (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): is(;1"- )-)1-- l�� Number of acres to be irrigated:r Proposed total depth (feet): Ted Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: x) HOUSEHOLD USE ONLY - no irrigation (0) ) DOMESTIC (1) ( ) INDUSTRIAL (5) 1 LIVESTOCK (2) ( ) IRRIGATION (6) COMMERCIAL (4) ( ) MUNICIPAL (8) ) OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER Name D/teilr, ��Street t�`� ter- ♦ A City (State) Telephone No / r1 -2 J Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No / Basin Dist, CONDITIONS OF APPROVAL 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. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I D COUNTY