HomeMy WebLinkAbout2.0 Staff Report BOCC 8.12.91o O
BOCC 8ll2t9l
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:An exemption from the dehnition of
subdivision.
APPLICANT:Boland Ranch Properties
LOCATION:A tract of land located in the W% SWTr of
Soction 25 and theW%NW%olSection 36,
T5S, R90W of the 6th P.M., located at the
intersection of Canyon CreekRoad and the
I-70 frontage road west of Glenwood
Springs.
SITE DATA:The site consists o125.85 acres.
WATER:Existing well.
ACCESS:Existing drive off Highway 6.
EXISTING AND ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is locate in District C - Rural Areas/Minor Environmental
Constraints as designated on the Garfield County Comprehensive Plan Management
District's Map.
II. DFSCRIPTTON OF THE PROPOSAL
A.Site Descriftion: The subject property consists primarily of an orchard. The
slopes moderately from west to east with Canyon Creek forming the eastern edge
of the property and C.R. 137 being the western boundary. All the
improvements, including two @ single family dwellings and five (5)
outbuildings, are located at the southeast corner of the property adjacent to the
creek and the interstate frontage road.
Project Irescrintion: The applicants are proposing to split the 25 + acre parcel
into two (2) parcels of 23+ and2acres (see enclosed maps o, pugml-}:!l-\. Atl
of the existing improvements would be located on the 2acre parcel. The larger
parcel is intended to be sold.
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III. MAJOR TSSUFS AND CONCtrRNS
The subject property is traversed by the 100 year floodplain of Canyon Creek'
This floodplain represents a very small percentage of the property. Available
floodplain data should be included on the exemption plat and include a plat note
notifying lot buyers of the floodplain.
2.The existing residences are accessed by an existing driveway extending off the
frontage road. Access to the 23+ acreparcel is proposed offof Canyon Creek
Road (C.R. 137).
The existing residences are serve<lby a well. It is proposed that this well would
also serve a residence on the larger parcel. The existing domestic well's permit
would appear to accommodate the additional residence. No response has been
received from the Division of Water Resources.
The existing residences are served by a septic system(s). Soils information does
not indicate severe limitations in the development of individual sewage disposal
systems.
The subject property is considered to be a non-confonning use because of the
presence of two (2) residences on it. Staff has concems that creating a new Zacte
parcel with two (2) residences on it may be increasing the degree of non-
conformity. The concern is the decrease in parcel size and the granting of a
privilege to one party which is not available to others. In light of the additional
available acreage, staffwould encourage the creation of a separate parcel, of a
minimum of 2 acres, lor each residence.
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W. STTGGESTED FINNINGS
I The proposal is in general compliance with the Garheld County Comprehensive
Plan and the Garfield County Zonrng Regulations.
The proposed land use would be consistent and compatible with the existing
surrounding land uses.
If the noted access concerns can be adequately addressed, the proposal is in best
interest of thehealth, safety, morals, convenience, order, prosperity andwelfare
of the citizens of Garheld County.
V. RECOMMENDATION
APPROVAL, of a modihed proposal subject to the following conditions:
All representations of the applicant shall be considered conditions of approval
unless otherwise stated by the applicant.
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.
The exemption plat shall consist of two 2acreparcnls and a2l acreparcel. Each
parcel shall meet setback requirements.
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An I.S.D.S. sharing agreement shall be prepared, approved by staffrecorded and
referenced on the exemption plat.
5. The applicants shall submit $400 in School Impact Fees.
The applicants shall consider wildfire prevention guidelines from the State
Forester and the U.S.F.S. in the construction of the home.
An easement lor the waterline extending to each residence and the well
exemption plat. A well sharing agreement shall be prepared, approved by staff
recorded, and referenced on the exemption plat.
The 100 year floodplain shall be depicted on the exemption plat.
The following notes shall be included on the exemption plat:
These lots are serviced by a shared well and are subject to a well sharing
agreement.
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a)
b)Lots
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are serviced by a corrrmon wastewater system and are
subject to an I.S.D.S. sharing agreement.
Wildhre prevention guidelines of the U.S.F.S. and Colorado State
Forester shall be incorporated in home construction and site planning
and design.
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BOCC 02/08/88
Exemption from the Definibion of
Subdivision
WaIter Huber
A parcel of land situaLed in the NE
L/4 Nw L/4 and SE L/4 NW L/4,
Section 25, T5S, R9lW,
approximaEely one mile norEh of New
Castle, off County Road 245
PROJECT INFORMATION AND STAFF COMI'IENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
The site consists of
parcel
a 19.34 acre
One shared well and one individual
domestic well
Individual Sewage Disposal Systems
drive and accessExisting
easemettt
pr ivate
A/R/RD
A/R/RD
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II.
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is Iocated in
environmental constraints,
Influence, as designabed
Districts Map.
C. HistorY:
cr ea ted
7B-16 ) .
subdi v i d
review,tract.
F, river/flood plain severe
New Castle Urban Area of
Comprehensive Plan I'lanagement
DistricEand theon the
DESCRIPTION OF THE PROPOSAL
A SiEe Description: The site is fairly level and lies between
@5 and East Elk Creek. Improvements on the
site include one single-famity residence and a barn. Land
uses on the site and in the viciniby are primarily
single-family residential and agriculture/ranching.
B. Pro ecL Descri tion:The applicanb proposes to divide Ehe
wo parcels, approximately 9 acres and.34 acre trac nEo t
10 acres in size.
The 19.34 acre tract was originally I of 4 parcels
by exemption granted to Sidney Miller in I97B (Res.
Since 1978, the ottrer three parcels have been
ed several times by exempt.ion and full subdivision
creating a total of B lots out of the original
MAJOR ISSUES AND CONCERNS
The application has been referred
with no comments received at this to the Town of New Cast1e,
time.
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Soil Conservabion Service information indicates severelimitations for dwellings and septic systems due toshrink-swelI and Iow strength soils, flooding potenEial, andslow permeability.
East EIk Creek forms the western boundary for the site,portions of which are Iocated in the 100 year Flood plain,
as designated on FEMA Flood plain mapping.
The creation of B parcels, including Mr. Huberrs property,out of the original Sidney MiIIer properby as it exisbed in1973, exceeds the 4 splits allowed by exemption, in
accordance wibh the Garfield County Subdivision Regulations.
The applicanE is proposing to spliL the property along adrainage ditch which runs through the property. Section8.52 of the Garfield County Subdivision Regulationsestablishes the limits on the number of lots to be createdby exemption, but does allow for additional lot splits basedon a nnatural feature, preventing joint use of Ehe proposedtracts. n (See Page f )
The applicant has represented that the drainage ditch is foroverflow from bhe New CastIe Water SysEem. Previous
exemptions granted under this provision have involved moresignificant natural features, including streams, steepslopes, and large drainage gulches.
The applicant has submibted copies of one well permit andverbally represented that. he has shared rights to anadjoining we1l. Verification of these additional waterrights should be submitted.
SUGGESTED FINDINGS
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IV.
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t The proper posting
required for the
Commissioners.
and public noticemeeting before the
was provided asBoard of County
2 That bhe meeting before the Boardwas extensive and complete, thatmatters and issues r^rere submittedparties were heard at thab meeting.
of County Commissionersall pertinenL facts,
and thaE aIl interested
3 ThaE for the above stated and other reasons, the
exemption is in bhe best interest of bhe health,morals, convenience, order, prosperity and welfarecitizens of Garfield County.
RECOMMENDATION
APPROVAL, subject Eo the debermination by the
Commissioners that the proposed lot qualifies foron Section 8.52 of the Subdivision Regulations,natural feature, and the following conditions:
proposed
safety,of the
Board of County
exempt.ion baseddivision by a
1 That the following prab noEes be incruded on the recorded
Exemption Plat:
a) No further divisions by exempt.ion from Ehe definiEionof subdivision will be allowed.
each lot may be subject to engineered foundations andsepLic systems.
b)
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c)
That accessaccess forpermits be
Department.
Porbions of the site are subject to I00 year FloodPlains. Any structures or improvements on bhe site arerequired to comply with the Garfield County Flood plain
Regulations.
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easements be included on theboth parcels, or additionalobtained from the County
plat t ptoviding
driveway accessRoad and Bridge
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That verification of additionar water rights to serve asecond lot with domestic !'rater be submiELed. shouldeasements be necessary or already in existence for accessand maintenance of a shared welr, bhey shalr be incruded onthe plat.
That the proposed division shalr occur arong Ehe naturalfeature, in accordance with section 8.52 of the GarfierdCounty Subdivision Regulations.
That School Impact fees, in thepaid for the creation of one new
$zOO per lot, beamount oflot.
AtI representaEions of the applicant., either within Eheapplicabion or stated at the meeting before the Board ofcounby commissioners, shal1 be considered conditions ofapproval.
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LANDTILL FEES/STATE OF COIORAM IIIGHWAY DEPARTMENT
King discussed the request from the maintenance creh, on bhe highway between
Rifle and Craig to have the landfill fees waived for them' The Boaril ilenied
the request because they have not allowed any other enbity to have fees uaived'
PUBLIC HEARING - SPECIAL USE PERMIT FOR A NATURAL GAS WELL LOCATED
APPROXIMATELY 9 MILES NORTII OF TIIE MESA/GARFIELD COUNTY LINE' OFF COUMY ROAD
201;APPIICAMI'FUELRESoURCESDBVELoPMBT'IICCn4PANY.
Sworn in was attoiney Chuck StocfJaiJ, representing bhe applicant' anil County
planner Glenn Hartmann. oon stalea-tr," public no[i."= appeared to be adequat'e
but ur. stoddard was not aware oE how the adiacent property. owners were
establ.ishecl. Af ter discussion,
-Lr,"-eoard wai wilLinq to tit<e_judicial notice
that it ,,l.as clone appropriately as Fuel Resources oevetoprnent conpany has clone
previously in their permit applications'
Glenn presented the exhibit.s as follows: ExhibiL A) Proof of publication' e)
Mail receipts, C) Application, D) Staff report and attachmenbs' Exhibit "A'
through t,D'were aOmittea inbo the record ind Glenn reviewed the Sbaff Report'
There being no one in bhe audience Lo conment, commissioner schmueser nnde a
rotion that the pruri" Hearing be closed. conrnissioner smibh seconded the
motion; carried.
Conurissioner Schmueser made a mohion that the Special Use Permit for a natural
gas well tor Fuel Resources Developxnent-Conpany be approved wibh the conditions
as set forth in the staff conrnents dated rebruary ar-iggg. conrnissioner smith
seconded Ehe mobioni carried'
SPECIAL USE PERMIT PUBLIC NOTICE WAIVER
Chuck Stoddard, representing Fuel Resources Developrnent Conpany' discussed-.th3
possibility of'Ai=i"nsing *itk-[f,"-puLfi" notice for the peimit process' Mark
Bean, Director of Building, Planninq and Sanitabion, verified that there are
appropriate amendments under consideration to allow the dispensing of
. publication requirements q9r sorne Special. Use Permits and bhab they would cone
Lefore the noaid as a public Hearing in the surmer.
FUEL RESOURCES DEVELOPMENI CCI4PANY CONDITIONAL USE PERMIT' SPECIAL USE PERMIT
AND RESOLUTIONS
Comnissioner Smith made a moLion that the Chairman be authorized to si91 a
Conditional Use permit for a nuLuiuf gas well (I-3-B-104-S) and Resolution No'
BB-13 concerned with its upptouut and a Special Use Permit Eor a natural gas
well (A-107-I04-S) along with Resolution ito. B8-12 concerned with ibs approval
for FueI Resources Develo6xnent -onpuny. Commissioner Schmueser seconded the
mobion; carried.
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WALTER TruBER SUBDIVISION SXEME''TION LOCATED APPROXIMATBLY 1 MILE NORTH OF NEI^I
cAsTLE, OEF COUIffY ROAD 245 PUBLIC MEETING
Don DeForil stated the Public notices aPPeared to be adequa te and the Board
determined them to be adequate. County Planner Glenn Hartman n reviewed the
sta ff connents. AEter considerable discus sion rega rding the use of the
tlrainage ditch as a natural divider, Conrni ssioner Schmuese r made a motion that
the Board approv e the subdivision exenption with the condi tions as set forth in
the staff rePort and under the condi[ion that the sP Iit be along the ditch line
to a surveY to be done and that it is found thab the dibch Ls-a'--ta- a--
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Conrnissi oner Smith seconded Ehe
Ccnuniss ioner Schmueser made a motion that bhe Board go into Executive Session
to discuss pending libigation. Conmissioner Smith seconded the motion;
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Ccnrnissioner Schmueser made a motion thaE the Board corne out oE Executive
Session and reconvene as the Board of CounLy Conrnissioners. Conrnissionef SmiLh
seconded the nrotion; carried.
PEST AND WEED CONTROL
There was a Oitcus=ion rggarding the suig with epe for $13,400 due to bhe
handting of the pest and ur"uO piogiu*-unA- bhe insufficienry of the record
keeping of the =ubrtun"es used foi control of weeds. The iest antl Weed Board
i=-bnfy advisory to the County Conmissioners who are the managers oE the
program - maintaining records of who the substances are dispensed tor'whab is
dispensed and how it'is dispensed -,ana-Eherefore responsible and liable' The
insurance n"."==r.y for this liability is not available in the county.insurance
pool and the Board wishes to absolve itsetf from the liability by hiring an
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February 8, lgBB
? The-regular nreeting of the Pgull of county conmissioners began at 9:00 a.m. on3 lbnday, February B' tgag with chairman gob Richardson and conrnissioners tutarian4 I' Smith and Larry schmueser present. AIso present were Administrator chuck5 Deschenes, Attorney Don oeFord and clerk i necorder Mildred Alsdorf.
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C-CT]NIY ROAD 472 RIGTIT TO MAITTIAINrarry Gerbaz' 0360.willow [ane, carbondale, requested guidance from the Boardon hot'r he can obLain the right to maintain the'road to his property. The roadright-of-Mry wEls.abandoned,by the suMivider and the deeds l"n-Ln" area onlypermit right of ingress and egress which is not enough to have the righb tonnintain the easenrent. After discussion, the noard directed Don DeFord tocheck on the right-of-nray and what the Board's responsibility-is in this.ulatter-
RIFIA NTNE(ArIChI1{
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Gil taer 0368 ponderosa, Glenqrcod springs, con sy corp.; counEy surveyor Bobscarrors and Patty Yost, IIEpper from'the"Assesroi"= orEi".,-Jillussea trrevacation proeedure necessary to allow annexation of a portion of counLy Road319 to the city of Rifle. Don was directed to-look inlo uhe pioceaure for Ehisvacation-
I.r0nOB PooL REPORTftnEtt smith presented his semiannual motor pool reporL. He also presented aretrnrt frun the tise the nr:tor pool started.
AIAULAIrcE TRIP REPORI FORMS
Fred Perkes and Randy Eis, Etnergency Management services, requested funds topurchase the forne necessary ror trip reportint of the ambulances in thecounty. Conrnissioner schmueser made-a motion [r,ut tr," Board approve thepurchase of 5,000 Erip report forms for $646.20 for the rrneig"lly u"n"genentservices- conmissioner smith seconded the motion; carried.
TEENY JI]ENG-NIGI{TI}GALE AI,J,ARD }JOTvIINATIONFred Perkes discussed Ehe valley view Hospital's nornination of the late TeenyJueng for the 3rd annual Nightingale Awara ror excellence in human caring andreguested gupport for this nominition from the Board. The Board agreed tosupport valley view HospitaL in this nomination and a letter of support will besent.
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EMERGBEY PREPAREDNESS REPORT
Kay Piper, Emergency Preparedness_ coordinator, presented bhe .Board with copiesof the Hazardous substanie Annex ro-bhe.""unly ;i;;-ili;h;d;;'Board approuat
1o 99nntv with Title rrr. The Board will review and discuss Ehis at the March?, 19BB meeting. She stated that the ambulance for New castle had beeninspecEed and found to be in compliance with iit tr,. standard requirements.However, as of october 1, 1988, unless three of their Ex,ITs receive refreshercourses, the staff requirements will not be in conpliance to the standards.Fttv Blakey, New castle Ambulance Board manber, was presenE and stated Ehatthese three persons h'ere now enrolled in a reiresrrer iourse to conpry with thabstandard' conunissioner smith made a notion tnal trre chairnan be authorized tosign khe New castle Ambulance License and PermiL effective February g, lggg.&rurissioner schnureser seconded the motion;
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BUILDTIG, PLANNITG AND SANITATION REPORTIthrk Bean, Director of Building, Planning and sanitation, gave his department,snnnthly report.
RAIUI AT ROARING FORK AI,IENDED PT,AT ON I,O{I 8 & 9After discussion with Mark Bean regarding an arrended plat, conrnissioner smithmade a motion thab the chairman be-authoil-r"a-io sign the u*"na"i-iiu[';"'i;;=I and 9, Ranch at Roaring Fork, Phase v adding-u tot line which was omitted onthe original plat- cornnissioner schmu"=". ="6onded the ,*li;; carried.
RTFTE BRIDGE REPAIRS
There lras a discussion with Road_and'Bridge superuisor, King Lloyd, reg'ardingthe closing of the.old Rifle Bridge to peaeslilun=. An engineers reporE staEedthe bridge limitatign y":_200 persons per.span and due to Ehe public responseP t!: closing of the bridge, Lhe eoard wili look into geeiing-r"p"irs done tothe floor of the bridge.
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CENIERLINE OF
GAS LINE EASEMENI
REC. NO. 239259
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x
6"
+
t '43
NTERSTATE 70
>lLl -