HomeMy WebLinkAbout2.0 BOCC Staff Report 04.19.1993• •
BOCC 4/19/93
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision
APPLICANT: Mr. William Rowe
LOCATION: The exemption parcel is located in Section
2, T8S, R92W of 6th P.M.; Located
approximately 10.5 miles south of the Town
of Silt, at the southeast corner of County
Roads 342 and 344.
SITE DATA: The site is approximately 1,429.16 acres.
WATER: Adjudicated Springs Rights (KKC Spring
No. 1)
SEWER: I.S.D.S. (Existing Residence)
ACCESS: Access road from County Road 342
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD and Mesa County Zoning
(unknown)
I. RELATIONSHIP 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. Site Description: The parcel is bordered on the west by County Road 342 and
on the north by County Road 344, approximately 10.5 miles south of the Town
of Silt, in an area commonly referred to as West Divide Valley. The parcel is
relatively flat, and is dominated by native grasses, typical of historic agricultural
land. The parent parcel includes four separate dwelling units, built in 1904,
1924, 1929 and 1976. The exemption parcel includes the single story dwelling
built in 1976. A vicinity map is attached on page — /— .
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Adjacent land uses include irrigated agricultural land and single family
residential uses (see land use map on page _ a - ).
B. Project Description: The applicant is requesting an exemption to split the
subject property into two (2) separate parcels of approximately 17.22 and
1,411.94 acres in size. The applicant has submitted an exemption plat (to be
presented at hearing). An access easement does appear on the sketch plan to
provide access to the exemption parcel. A schematic of the parent parcel and the
requested exemption is shown on page — .
C. Background: Based on a review of records in the Garfield County Assessor's
and Clerk and Recorder' Office, the parent parcel consisted of approximately
1429.16 acres on January 1, 1973. Therefore, up to 4 (four) lots can be created
by the exemption process. The parcel is not located in a recorded subdivision.
In the application, Mr. Rowe states his intention to sell the 17.22 acre parcel and
the existing house. Mr. Rowe contemplates no further subdivision or sale of less
than 35 acres in size.
III. MAJOR ISSUES AND 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 parol 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 ofthe
proposed tracts, and the division occurs along thepublicright-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;
B.
As discussed above, the exemption request is consistent with requirements of
Section 8.52.
Zoning. All of the parcels created surpass the two (2) acre lot minimum for the
A/R/RD zone district.
C. Legal Access. The exemption parcel will obtain access from a platted access
easement from County Road 342.
D. Water and Sewer. The applicant currently has adjudicated water rights to KCC
Spring Number 1, which permits irrigation, livestock water and domestic uses.
These rights serve the existing dwelling unit on the 17.22 acre exemption parcel.
Wright Water Engineers has prepared a summary of other springs that serve the
entire ranch, but a copy of this report has not been submitted to the Planning
Department. Staff recognizes that the exemption request is addressing an
existing dwelling unit. However, staff suggests that assurances for adequate and
legal water supply for the remaining 1,411 acres should be submitted prior to the
signing of a Final Exemption Plat. Based on discussions with Wright Water
Engineers, the spring systems on the property are extensive, and providing
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E.
F.
evidence consistent with the Subdivision Regulations is only a formality. A copy
of the referee's ruling is attached on pages 41 — 6 .
Sewage disposal for all the existing parcels are provided by ISDS. The Soil
Conservation Service for the Rifle Area classifies the soils on the site to include
Torriorthents, Vale, Ascalon, and Arvada. These soil, types are considered to
present only slight or moderate constraints to ISDS systems. These limitations
can be addressed by proper design.
State and Local Health Standards. No State or Local health standards are
applicable to the application.
Drainage. No drainage easements appear to be necessary due to the relative flat
profile of the proposed lots.
G. Fire Protection. No response has been received from the Fire District to date.
H. Easements. In addition to the access easement, water line easements from the
existing pumphouse may be necessary on the Final Plat.
I. School Impact Fees. 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.
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.
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.
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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. A driveway permit, if necessary, shall be obtained from the Road and Bridge
Department prior to the issuance of a building permit.
6. Each parcel shall receive a deeded, proportional share of all irrigation rights that
are identified in .the deed.
7. Prior to approval of a Final Plat, the applicants will submit a letter of approval
from the Silt/New Castle Fire District.
8. Prior to approval of a Final Plat, the applicant shall submit a water rights report
addressing the legal and adequate water supply associated with existing springs
on the property.
9. Control of noxious weeds is the responsibility of the property owner.
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77
GARFIELD COUNTY,
COLORADO
16
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, 2401- 44 -00-151
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To Silt 24 miles
Count Rood 344
Hatched area is Oriainal PnrcAl
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SLC
IN TUE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 11-3177
IN THE NATTER OF THE APPLICA'CION
FOR WATER RIGHTS OF
KE;;?ER CATTLE COl•IPA;1Y. RANCH RULING OF REFEREE
I TIE COLOR =.DO R1V�R
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: ALKALI CREEK
IN GARFIELD COMITY
The above entitled application was filed on September 29, 1976, and
was referred to the undersigned as Water Referee for Water Division No. 5,
State of Colorado, by the Water Judge of said Court.on the 5th day of Octo-
ber, 1976, in accordance with Article 92 of Chapter 37, Colorado Revised
Statutes 1973, known as The Water Rights Determination and Administration
Act of 1969.
FILEra
IN w,vrEn couTxr
Divis1„n liv. i; s
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And the undersigned Referee having
necessary to determine whether or not the
tr,,e and haviAz become' E.:ily advised with
made such investioations as are
statements in the application are
respect to the subject muter o;:
the application does hereby make the following determination and ruling as
the Referee in this matter, to -wit:
1.
The statements in the application are true.
2. The name of the structure is RCC Spring No.
1.
3. The name of the claimant and address is Robert C. Kemper (dba
Ker.per Cattle Company); Box 55A, Route 1; Silt, Colo.
4. The source of the water is a spring tributary to Alkali Creek,
tributary to the Colorado River.
5. The spring is located in the NEk NWk of Section 11, T.OS., 8.9211.
of the 6th P.?!. at a point whence the North Quarter Corner of said Sectioa
11 bears N. 33°32' E. 1,154 feet.
G. The use of the water is irrigation, livestock water and domestic.
7. The date of initiation of appropriation is April, 1975, by survey.
O. The amount of water claimed is 0.0334 cubic foot of water per
second of time, ahsolute.
9. The pater is used as a source of supply Eor KCC Reservoir No. 1,
and also to irrigate land belonging to the applicant.
10. The water has been diverted and applied to the above beneficial
uses.
The Referee does therefore conclude that the above entitled applica-
tion should be granted 'and that 0.0334 cubic foot of water per second of
ti -ie hereby Is awarded to the KCC Spring No. 1, for irrigation, livestock
water and do:nestle uses, with appropriation date of the 30th day of: April,
1975, r'bsolntr.ly and unconditionally; subject, however, to all earlier
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prl.nrity rights of others and to the integration and tabulation by the
Division Engineer of such priorities and changes of rights in accordance
1 ltth law.
It is accordingly ORDERED that this ruling shall be filed with the
Water Clerk and shall become effective upon such filing, subject to Judicial
review pursuant to Section 37-92-304 CRS 1973.
It is further ORDERED that a copy of this ruling shall be filed with
the appropriate Division Engineer and the State Engineer:
Done at the City of Glenwood Springs, Colorado, this„22.1r day of
Akt/.9.e471(! , 1977 .
BY THE REFEREE:
Water &ee
Wale• •ivision No. 5
State of Colorado
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S 9 2 IAV. OF THE & TH P I'I.
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CH 1,4977r/NO
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MAP OF
KGC SPRING NO. 1 AND STOCKWATERING POND
GARFIELD COUNTY
COLORADO
Said spring Is situated In
Township 0 South, Range 92
Meridian located at a poln
Corner of said Section II
the NEWW4 of Section II,
West of the Sixth Principal
t whence the North Quarter
bears: N.33'32'00" E. 1154.00
feet. •
SCARROW AND WALKER, INC.
P.O. BOX 460
GLENW0OD SPRINGS, COLORADO
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