The URL can be used to link to this page

Home My WebLink About2.0 BOCC Staff Report 08.01.1994L • • E� B 517-- BOCC 8/1/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Subdivision Exemption APPLICANT: Joyce Risley LOCATION: Located in a portion of Section 13, T7S, R96W of the 6th PM; located approximately 1.5 miles southwest of Parachute, northi of I-70. \SITE DATA: 15.16 acres '<, WATER: Well SEWER: I.S.D.S. ACCESS: Access easement from 6 & 24 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District C - Rural Areas Moderate Environmental Constraints as shown on the Garfield County Comprehensive Plan Management Districts Map. II_ DESCRIPTION OF THE PROPOSAL A. Site Description: The subject parcel is located between 6 & 24 and the Colorado River, approximately 1.5 miles southwest of Parachute. Improvements on the property include a 1,800 square feet single family home. A vicinity map is shown on page /3 C. Request: The applicant is requesting to split the 15.160 acre parcel into two (2) parcels of approximately 10.0 6 and 5.160 acres in size. A sketch plan of the proposed is shown on page '/y ' . III. MAJOR ISSUES AND CONCERNS 1. 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 A 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 original parcel was has been split three (3) times since January 1, 1973. A 17 acre parcel was split from the parent parcel by the Lindauer family in 1974. In 1981, Mrs. Risley created two parcels, 5 and 12 acres in size, through the exemption process (Resolution #81-356. Therefore, only one (1) additional split is available through the exemption process. Any further subdivision of the parcel will require full subdivision review. 3. Water and Sewer. The applicant has not applied for a well permit on the property, however did submit documentation of a water rights decree for .3532 cfs from the Joy -Ridge Well #1. Staff referred the application to the State Engineer's Office on June 22, 1994. No response has been received from the State, and staff suggests that a favorable response be a condition of approval. Sewage disposal will be handled by ISDS. Predominant soil type on the site is identified by SCS as Cochetopa loam (# 17). This soil type is considered to have severe constraints to ISDS, primarily due to slow percolation rates. Staff suggests that the following plat note be considered a condition of approval: "Soil conditions on the site MAY require an engineered ISDS. Site -percolation tests at the time of building permit shall determine specific ISDS needs on the site." 4. Natural Hazards. Staff reviewed the Lincoln-Devore Hazard Mapping, and determined that the site is located in area considered to having constraints for ISDS due to inadequate percolation rates. Staff suggests that the above plat note addresses these limitations. 5. Access: The property is accessed by a non-exclusive 33' deeded easement from old 6 & 24. The easement provides access to the prior exemption granted to Mrs. Risley. Di. 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. I • • 1 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. 5. A driveway permit shall be obtained by the Road and Bridge Department prior to signing of a final plat. 6. Control of noxious weeds is the responsibility of the property owner. A favorable response from the State Engineer's Office shall be received by the Planning Department prior to the signing of a final Exemption Plat. 8. The following plat note shall appear on the final exemption plat: SPtc``(',c_ "Soil conditions on the site MAY require an engineered ISDS. Site percolation tests at the time of building permit shall determine specific ISDS needs on the site." eo r1 1 t'a 4.p r 2oPIk/�[� 516711,11,4L-1 OP F,�� p�zt6� To L___ pLIKT U SFS • Lt 1 24011-1$4 -00-084 LH(/9 -}' 1. / ' '1 ROG N N 0.21E!„) A?". E4O$-Il4-)4-0=E '711i Ad1olnI Q 2409 121 '46 C44745771-1;12-' \,�� IhE P(4CE pP - I 1111+ i ,\ 1, � '.:i.,M1IJ.I��1/1I�l�l l '4: • S U B- D I V. Oy •11A. T Folin• PM.... 014 FARM PuD. — - — --`.-, 01 • OR As Tu E• ole T.. E..mOI 02 8 002 •0/•. To. E. T•. E.. $O1 16"61111 _I �• FNI E °F4 ./O .., N "NH1`Nfl t 16"L , N� LAI 1 .I•III TMI•TYIMT ►l• 1 •Ill A/ IRAs. LAO I •lW/• 1II(•TY(MI ALA 2407-011 -00-112 • • y N 2.01-114-00-01a—. 13/ 401-1Z4 � 4 01-1Z4 3021 ,-T41;csLt`,Aoinning 2409-124 .. MihE Pt ICE ly. 'i %01 � LE,TV �1) Y ► i i• 505 5o S U B- D 1 V, (2 ) 04) halos, Phases FARM PUD, / PiZorose—V 071 A. r • Ful*1I P00505 02 0 011 A[ T.. 1. Tu Ea E s 60'1 90A,' 42 E 0 0 0 To. E.Ampl / F 4, 4 OF< A Pt ATA C P, I,0 1 Toa Eaolq nylF 1 /I -T Ii. -LOT NFI 16 R LAI 1 12A112 TIIEAT MINT PLA 7 011E 07 21145 LAI 1 F 1111110 T1EATMINT PLAN II 10 Ac 2401-045 -00-152 BOCC 8/1/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: ' Subdivision Exemption APPLICANT: Analee Kirkam LOCATION: A parcel of land located in a portion of Section 36, T6S, R89W; Located between Carbondale and Glenwood Springs, Between the D&RGW Railroad and the Roaring Fork River. SITE DATA: 1.92 acres WATER: Well SEWER: I.S.D.S. ACCESS: Old State Highway 82 EXISTING ZONING: R/G/SD ADJACENT ZONING: R/G/SD and A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District C - Rural Areas Moderate Environmental Constraints as shown on the Garfield County Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject parcel is located northeast of the River Ridge PUD, approximately 3 (three) miles south of Glenwood Springs. The parcel is located south of the railroad ROW, and extends to the centerline of the Roaring Fork River. Improvements on the lot currently includes a single -fa ily house on the east half of the parcel. A vicinity map is shown on page /5 B. Request: The applicant is requesting to split the 1.92 acre parcel into two (2) parcels of approximately .96 and .96 acres in size. A sketch plan of the proposed exemption is shown on page 1!. 1‘� III. MAJOR ISSUES AND CONCERNS 1. 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 parcel existed as a 3.3 acre parcel in December of 1972. In 1964, the Colorado Department of Highways acquired approximately 1.4 acres of the Old State Highway 82 (hence the 1.92 acres) Therefore, the application is consistent with Section 8.52 regarding eligibility. 3. Water and Sewer. The applicant has not applied for a well permit on the property. The State Engineer's Office has reviewed the exemption, and will approve the well permit (see letter on page .0 f Absolutely no outside uses are allowed. Staff suggests that a plat note be included stating this restriction. Sewage disposal will be handled by ISDS. Predominant soil type on the site is identified by SCS as Torriorthents - Rock Outcrop Complex (#67). This soil type is considered to have severe constraints to ISDS, primarily due to depth to bedrock. Similar conditions are present along the entire stretch of the river terrace between the Roaring Fork and State Highway 82. Staff suggests that the following plat note be considered a condition of approval: "Soil conditions on the site MAY require an engineered ISDS. Site/ -percolation tests at the time of building permit shall determine specific ISDS needs on the site." 4. Natural Hazards. Staff reviewed the Lincoln-Devore Hazard Mapping, and determined that the site is located in area considered to having constraints for ISDS due to high groundwater. Staff suggests that the above plat note addresses these limitations. The portion of the site south of Old State Highway 82 is located within the regulated floodplain of the Roaring Fork River (FEMA Panel #0802051465 B). Staff suggests that the following plat note be shown on the plat: "Portions of the property south of Old State Highway 82 are located within the regulated floodplain of the Roaring Fork River. Any development within the floodplain must conform to the Garfield County Floodplain Regulations in effect at the time of building permit submittal." 5. Access: The property is accessed by a 20' easement from the property directly east, owned and granted by Bob Dover. Mr. Dover has expressed concern regarding the expansion of the easement to serve an additional dwelling unit (see 4 • • • letter on page 1E). The easement is described in a 1973 deed, and does not limit the number of dwelling units that can be served. 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. 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. '>< A driveway permit shall be obtained by the Road and Bridge Department prior to signing of a final plat. Control of noxious weeds is the responsibility of the property owner. A favorable response from the State Engineer's Office shall be received by the Planning Department prior to the signing of a final Exemption Plat. The following plat notes shall appear on the final exemption plat: "Soil conditions on the site MAY require an engineered ISDS. Site -percolation tests at the time of building permit shall determine specific ISDS needs on the site." l "Portions of the property south of Old State Highway 82 are located within the regulated floodplain of the Roaring Fork River. Any development within the floodplain must conform to the Garfield County Floodplain Regulations in affect at the time of building permit submittal." "The well permit for Lot #1 is limited to in-house use only. Absolutely no outside irrigation or animal watering is allowed." �t �I CITA U ,nP r e ,,,r„ 'how ick TT -NA LP l�,Sr,S W v i i7c-t,1 y �� • • 173 1304 1 500000 FEET' \ 25-v,„11 .,.... 36 _.:.,... \......0?82•.) . • „. -...-...,.. ---•=-\\ ?__.,..,_/..... c_: ,.,.._ , \ik , • ‘v,7 i ) A • •• o ;,,-..., 7(300 y•- v.xt..4A Vtcri.tro{ fripq> Uk..) — !LLD W. 7.5 MINUTE SERIES (TOPOGRAPHIC 1 ic 1 \3 ---f13°6\ ty /‘ /,/ 1 ' - /32 „ /, A2 • ) 646 , )11 ----:„./q1 N • -- (7- \ 6715 li II ,‘‘ C,..... MI 1 II . II -1 ._ • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 August 2, 1994 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs. CO 81601 RE: Risley Subdivision Exemption Section 13, T 7 S, R 96 W, 6th P.M. Water Division 5, Water District 45 Dear Dave, Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer We are in receipt of the subdivision exemption referral for a 15.16 acre parcel located 1.5 miles southwest of Parachute. The applicant is proposing to split this parcel into two parcels of 10 acres and 5.16 acres. An existing well, permit no. 18695-F, appears to be proposed as the water supply for the two parcels. From the information submitted, it is not clear if this well is located on the subject 15.16 acre parcel. This well, known as the Joy -Ridge Well No. 1, was decreed in Division 5 Water Court Case No. W-2779 for 0.033 CFS absolute for commercial, domestic, fire protection, and irrigation purposes. In case no. 79CW332, an additional 0.319 CFS was made absolute for commercial, domestic, fire protection, and irrigation purposes. The use of well permit no. 18695-F is limited to the historic use of the well as decreed in case nos. W-2779 and 79CW332. Use of this well cannot be expanded to include service to newly proposed dwellings. New household use well permits may be available for the proposed parcels subject to the following conditions: The Colorado River system and its tributaries at this location are over -appropriated. As such, well permits applications in new subdivisions must be evaluated to determine if other water rights would be injured considering the cumulative effect of all proposed wells. It is likely that in many circumstances well permits could not be issued by our office without a water court approved plan for augmentation. However, under current statutes, if the Garfield Board of County Commissioners approves this split by exemption as defined in Section 30-28-101(10)(d) C.R.S., our office must evaluate the well permit applications as if the division of land occurred prior to June 1, 1972. Under current laws, Section 37-92-602(3)(b)(II)(A) C.R.S., and hydrologic conditions, it appears that our office could in this circumstance approve well permits for ordinary household purposes inside the single-family dwellings provided that the wells would be the only wells on the individual parcels, return flows would be to the same stream system in which the wells are • • Mr. Dave Michaelson, Planner Page 2 August 2, 1994 Should you have any questions regarding the water supply for this project, please contact this office. Sincerely, Jeff Deatherage Water Resource Engineer /jd cc: Orlyn Bell, Division Engineer Robert Klenda, Water Commissioner risley.sub • GARFIELD COUNTY SURVEYOR'S OFFICE GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH STREET GLENWOOD SPRINGS, CO. 81601 ATTN: MR. MARK BEAN, DIRECTOR RE: COUNTY SURVEYOR REVIEW OF THE JOYCE R EXEMPTION PLAT JULY 19, 1995 DEAR MARK; I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING: 1) THE COUNTY SURVEYOR CERTIFICATE HAS BEEN REVISED. THE PLAT SHOULD REFLECT THE NEW CERTIFICATE TO READ: "APPROVED FOR CONTENT AND FORME ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING PURSUANT TO C.R.S., 38-51-101 et seq." 2) THE MONUMENTATION FOUND AT THE NORTHWEST CORNER OF SECTION 13 SHOULD BE NOTED ON THE PLAT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL F�RE}t TO GIVE II � CC: JIM SEXTON, P.L.S. SEXTON LAND SURVEYING P.O. BOX 1951 GLENWOOD SPRINGS, CO. 81602 COUNTY SURVEYOR FILES SAMUEL PHELPS AS GARFIELD COUNTY SURVEYOR County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565