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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.09.1996PROJECT INFORMATION AND STAFF COMMENTS (6rU't V // BOCC 9t9/96 Special Use Permit for a Resort. Bob Nieslanik A tract of land located in a portion of Section 11, T8S, R88W; located approximately one-fourth (1/a) mile east of Carbondale offof C.R. 100 and Blue Heron Lane. The site consists of 112.8 acres. Individual Well Individual Sewage Disposal System Blue Heron Lane offof C.R. 100 A/R/RD /,/7 - ro flu REOUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: E)ilSTING & ADJACENT ZONING: I.RELATIONSHIP TO TI{E COMPRE}IENSIVE PLAN The site is located in the Low Density Residential on the Area I Comprehensive Plan Proposed Land Use Districts lvlap for the Carbondale Area. DESCRIPTION OF TIIE PROPOSAL A Site Description The site is located on tle Roaring Fork river bottom lands and is presently used for agricultural purposes. The land is presently used for crops and grazing. There are two sTallgabins on the property that are presently employee housrng. (See map pg,.-f i* f tr. m. B. Project Description The applicant is requesting the approval of a Special Use permit for a resort to use the two cabins for rental purposes for fishermen or hunters. The property has a well serving the cabins and they utilize individual sewage disposal systems. Access to the cabins is a private road named Blue Heron road, that crosses over adjoining pieces of property. (See plan pg. 5'7 ) MAIOR ISSUES A}ID CONCERNS l. Zonng. A resort is allowed by Special Use Permit in the A/R/RD zone district. A resort is defined as: Dude ranch or guest ranch; hunting or fishing camp, cross country or trail skiing lodge (any of which shall not exceed twelve (12) dwelling units or forry-eight (48) beds or visitor capacity), land used for the purpose of recreation, which provides lodging recreational activities, dining facilities, commissary and other needs operated on the site for guests or members. This application meets the basic criteria in terrrs of visitor capacrty and /or dwelling units and can be classified as a resort. There is no minimum size for a frcility, nor definition ofwhat tlpe of recreation the land has to be used. The cabins that are on the property 6 this time are being placed there as ranch/farm employee dwellings and cannot be used for rental purposes, unless a special use permit is approved for a resort. 2. Water. Included in the application is a copy of a well permit that is legally allowed to serve up to three dwellings. The applicant has stated that the well will be drilled prior to the use ofthe cabins. This would be a requirement for the use of the cabins for a ranch hand too. 3. Sewer. The applicants have zubmitted an application for an individual sewage disposal system to serve the cabins and have indicated in the application that they intend to have an engineer designthe system- It has been the County's policy for a number of years to require engineered ISDS inthe area ofthe proposed cabins, due to the seasonal high water table. At the time this report was written, no engineered system had been zubmitted to the Building Deparbment as a part ofthe ISDS approval for the ranch/farm employee housing application. Prior to the approval of a special use perrnit, the applicants need to submit an engineered design for the ISDS. 4. Access. The cabins proposed for use as a resort, will be accessed via a private roadway, Blue Heron Road. The road crosses over property not owned by the applicant and the affected property owners have eryressed an unwillingpss to allow the applicants to use Blue Heronroadforaccesstoaresort. (Seeletterspgs. b'-/l ) Oneofthelettersstates that the applicants only have permission to use the road for farm and ranch operations and nA* 4-'/-'41 /t,lra rrtrfu;( ry. that the use ofthe road for any other purpose is not permiued. The applicants note that they could provide access across there ownproperty, ifnecessary. This may be difficult, given the length of road that they would have to develop and the possible need to get a floodplain qpecial use permit for crossing over a portion of the regulated floodplain. If this is the option proposed by the applicants, staffwould suggest that the Board continue the hearing to allow the applicants to develop a design of the road that shows the location of the road on their property and whether or not it can be developed without traving to cross over a regulated floodplain. It is a requirement that any qpecial use pennit must define an access road. 5. Fishing and Hunting Use ofProperty: Another concern e4pressed by the neighbors is the use of the property for fuhing and hunting. It appears that the applicants have a limited amount of river frontage and the adjoining properfy owners have not given the applicants permission to allow guests of the applicants or the applicants to fish on the river owned by thern The applicants need to make it very clear to any guest what the property limits are and the frct that they are not allowed to fish on any other property without the pennission of the other property owner. The applicant will need to define the property limits by sign and provide a path across their property to the river. Staffwould suggest that any type of hunting on the property, other than bird hunting would appear to be inappropriate given the residential uses on adjoining properties. ln terms of the discharge of firearms, there is no restriction other than the reckless endangerment provisions of the law. This prohibits a person from aiming at another person or the discharge of a firearm that results in a nearby residential structure being hit. If the applicants do intend to allow guests to hunt on the properfy, then it should be restricted to shotguns only. SUGGESTED FINDINGS 1. That the application is in compliance with the Garfield County Zonng Resolution of 1978, as amended. 2. That the hearing before the Board of County Commissioners was extensive and complete, that dl pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenienca, order, prosperity and welfare of the citizens of Garfield County. RECOMMENDATION That the Board continue the hearing to provide a road design that can meet the floodplain requirements for culverting and ry* in a regulated floodplain /(ltt P' -' /i)t/>r" { , -: / l)E';'!i-'t''4 l" {t''i3 V. Ltutr& thtprrK8 - 6t0zz1 J-H)'/ 6ct't/! >n'24)t) cil 7P'ofr4z 6/){ Llt)t? a)//-L €'rt;";;;;'; in,oa v7/7'z'1a/rJ?Y T,I| -------:---:-- SEE MAP NO. 2393-35 55 ./r40f .Wr{rWtk "!e4c7s '//YCz,/l /,/,/ / / /MAP NO.fii-'eb+/,Z 'oaJorn rnn"a}ea 1200 2400 3600 4600 SEE MAP 2393-344 - |R-HF.t -.' lR 2 7.7S. N0rEs: Z-Z s/^/5 i B r-)pexox fltr'tt Fe R r - " "' 'Pnorr,<i7 ti,v-e. ts BtuE- HERRTN LA NE _44! /tu-_Y.* 4. 7 ?!ry_r, . 19', f &) Ll Pts o P_E R r / 4 / N! Nl _____ _-u R€r*esestTt PRoPor€D uELL sl7E & Brrrrrrrr, ,gov, 6RauN/) :EPft( :YrrEPt .-'i1...{'>-*-- l-r-l m E t4R80tlDtLE ./ -) rr' * H1IET High Cedar Cattle Co., lnc. Scott and Diane Nieslanik 0560 Road 165 Carbondale, CO 81623 July 15, 1996 Garfield County Planning Department Re: Application for Special Use Permit- Resort Nieslanik Cabins #l and#2 Telephone (970) 963-1 1 31 Enclosed please find the following: 1) Site plan depicting properfy, location, road access, proposed method of servage, and proposed well location; 2) Plans and specifications of proposed buildings; 3) Copy of Assessor's map showing property and a list of adjoining properry owners; 4) Copy of proof of ownership. We are applying for a special use permit under the resort classification to utilize two existing log cabins. Currently the property is used for agriculture, specifically cattle grazing. We intend to use the two cabins for rental to hunters and fishermen on a day basis for a nominal fee. We expect most of our guests in the summer months extending into the fall and throughout the state deerielk hunting season. We will plant trees to provide pnvacy from the road. We do not foresee a substantial amount of traffic on Blue Herrin Lane which would be our preferred access. An altemate access road could possibly be constructed on our own properly. We plan to drill a well and currently have an engineer designing an above ground septic system and leechfield. Ranching in this valley is a struggle to say the least, with cattle prices lorv and land value skyrocketing. We feel that the addition of these two cabins to our property will enhance the land, allowing us supplemental income to maintain our agricultural lifestyle, with little impact on surrounding land owners. Sincerely, ,/-^ *. Scott and Diane Nieslanik *E(ttrI High Cedar Cattle Co., lnc. Scott and Diane Nieslanik 0560 Road 165 Carbondale, CO 81623 July 15, 1996 Garfi eld County Planning Department Re: Application for Special Use Permit - Resort Nieslanik Cabins #l and#2 Adjoining Land Owners: 1) John Nieslanik P.O. Box 157 2) Paul Nieslanik 0481 County Road 100 3) Lisa Carmichael P.O. Box 445 4) Perry Philip P.O. Box 932 5) Richard Mayfield P.O. Box 926 6) Kent Jones P.O. Box 132 7) Priscilla Prohl 0183 Blue Heron Lane 8) High Country Starship Limited P.O. Box 155 9) John Jacobsen P.O. Box 129 10) Jack Hilty 12433 Highway 82 I I ) Town of Carbondale 76 South 2nd l2) Thomas Joiner 12907 Highway 82 l3) Baily Family Investment Co. 013715 Hwy 82 /7_ Telephone (970) 963-1 1 31 Carbondale Carbondale Carbondale Carbondale Carbondale Carbondale Carbondale Woody Creek Carbondale Carbondale Carbondale Carbondale Carbondale co 81623co 81623 co 81623co 81623co 81623co 81623 co 81623co 81656 co 81623co 81623co 8t623co 81623co 81623 t' ll I .lii :i,., ) August 29, L996 Mark BeanGarfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81-623 RE: Robert Nieslanik Special Use Permit Gary and Lisa Carmichael P.O. Box 445 Carbondale, CO 81-623 Dear Mark, We am writing to express our concern in reference to the Special Use Permit for Bob Nieslanik. We feel it. is extremely dangerous to have a hunting resort so cl-ose to a resident.ial area. This property Iies between the town of Carbondale and the residence of Bl-ue Heron Lane. There are children and adults riding their bikes and jogging up and down Blue Heron Lane every day. The cabins that. the Nieslanik's are requesting a resort for were placed verv close to this road. The hazards of stray bullet.s to 100 Road, the town of Carbondale and residence of BIue Heron Lane are extremely high and would be impossible to regulate. Addit.ionally the continual sound of gunshots in our neighborhood will be very disconcerting and should not have t.o be tolerated by anyone. Our other concern is with Blue Heron Lane. This is a private dirt road and it is our understanding that the Nieslanik's don't have a 1egal right of way. This road can not take any additional usage. Plus we feel- the addition of continual traffic not associated with our neighborhood is a threat to the security of our property and personal belongings. The cabins are in the narrow one Iane section of the road which would require existing residence to back up for passing. The exist.ing residence are having to pay for aI1 costs to repair and maintain this road and added usage would be a burden to all- of us. This area has wetlands and is a year- round bird sanctuary. The commissioners in granting the Goose Creek subdivision made a conscious decision that this area should go the way of rural residential and not commercial hunting and lodging, we feel they should stand by that decision. This is an unsuitable area for a hunting resort. Thank you for giving us t.he opportunity to express our concerns. :)rye'"'o' -/1a4r4/ .41,,.,+z'L -- -.--'- Gary ana li3a'""*-f-r(t 7 AUG B C igiji; PERONELLE PHILIP WINTER EAGLE RANCH P.O. BOX 932 CARBONDALE, CO 81 623 Mark Bean, Planner Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 Re: Special Use Permit for Nieslanik Property August 30, 1996 Dear Mark: I am writing in regard to the Nieslanik application for a Special Use Permit (Resort) for their cabins on propefi to the west of Blue Heron Lane, and adjacent to my propefty. I have a concern about their use of our private road. I have owned my propefty here for 22years and I am very familiar with Jack Jacobsen's agreement with the Nieslanik family as to the easement that was granted solely and specifically to the gate across from the Jacobsen driveway and for the maintenance of cattle only. Over the years, I have encountered many trespassers on my property on the river, fishermen and hunters who have routinely stated that the Nieslaniks had given them permission to access the Nieslanik property via Blue Heron Lane. I have explained to these people that the road is a private drive solely for homeowners, and if they want to hunt and fish on Nieslanik property they must walk across the Nieslanik pastures. Alan Mayfield, who purchased property from me, continues to experience the same problems. As a propefi owner and road user, I would urge the Nieslaniks to abandon our road, and to construct their own road on their own property as we have all done in the past. My other concern is in regard to the discharge of firearms. Density has increased in this area in the last few years and two homes have been built in close proximity to the Nieslanik property. ln the past, duck and goose hunting has been practiced on the subject property. and in the fall months we are frequently awakened at dawn by shotgun fire. lf a commercial operation were allowed, we would expect an increased amount of activity, and associated risk. I question whether commercial bird hunting is a safe and legal activity in this area. Of course, any rifle hunting would not be appropriate in this limited area. I thank you for your consideration of my concerns. Sincerely, Qr^.il, n+ Peronelle Philip G'-- l- a 9-l't-? c Atl". \n**Q...f I Fo B ? z-t, 0oq\o*Jul.,0o ?dl G^-N;t ! fi--.-,rnn-1 D-pt. g,^i$; zoz toq 311 s?,u GL..^".ru_.J SpTsiOc 3/Go/ '}'l_q^,,r Su, l S*^\i"d i Sgr-o-L @J- %s-r- Pr,r^^e a1 (-*O- So* L{ Eoh-.,.f' 4./insl-or".\ie- l= +i"- B . *.1X r==[ CL " "S..-" C.-,., -.,^ ;,.r,r €a d , G"."f*-e, I tr,/ eo , ' s p"-:*g uni- urb"tt 6tQCrrJ a JLGo-d a.,- A*$;o *:l +*o Co\ru-o hYsfxiffiffi.-^*'- O"-J:,t^=-, h-yry)oyt, 8t atz ?GS-9 SKz- . =J \-i ) r \).rrq )rro.,.r,^-r.- \, N tt--^ \rL* - \ *-Utr "",*l iq /1 ^ n A t^.^ n T\ tL1.;-t X"--A c:--ttM - L.-r,"- C 'o ,q , , Qo u*T-\2-0 , . n .\t\fl,O.^\p "*.&rA-, C0. I- c)uJ)'r tt^- -q-.-.-.o- ; 1p*.^J-^"-\-a*1p ^"r$e- =:H \f\t, ."-.t Aa\ - t4/- 0*o * | - k.r.j-^ --.^& B-1, B *^-"r,,-U-rc, "sdlrl Qrau P-"\ \^ c--J.f *<-o"& t^ P.tu--t' U..:l-Q.o-r"tL'= \[a""Sr!a'u.rLr*- $ -"..rr\= +{"i- M*i*-f R,--!3. I-ut u--ea . La'J e- -2,^*. al-o_ qr,,-D-o & -\(--.-. Cr-bo, q- A-*!"1.f CI{ i"-^q\A c"-"€9 Q,u--.- afu ,)^F*4, t:o*".-LJ #-*f' (j tC,- i rus29 ree6 6nmialD ao{J}rTY oa U.N , O t^.n fr *=S^-".r G^,"*j Q^-,.'\jnl" tI+ \Z." b\"l-LL*, A* Po^^^C -[C^-,I L "SUCI h-\k)'. t) --f ki n-$$-"! -[l -0'c-'^r- iD e@"-a0"4 E-arr* (*r,.. t-" -r- ;J Ql,-.rA-^A tt" John H. Jacobsen 0185 Road 100 P O Box 129 Carbondale, CO 81623 970-963-3829 August 27, 1996 Mark Bean, Planner Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Ref: Special Use Permit for Nieslanik Property. Dear Mark, As an adjacent property owner I am very concerned about the Special Use Permit that Robert Nieslanik has applied to the Board of County Commissioners for. Blue Heron Lane is a private road for the use of the property owners that have a legal right of way across my property. The Nieslanik property does not have a legal right of way across my property. Shortly after I bought my property from John Huebinger, Paul Nieslanik approached me and said that John Huebinger had allowed them to use what was then just a dirt driveway, (which later became Blue Heron Lane), to my house as an access to their fields for the purpose of taking care of their cattle. He then asked me if I would continue to let them use the driveway for that purpose. I told him that they could continue to use it only for the purpose of caring for their cattle as they had been doing and nothing more. I do not intend to give them access fcr any other purpose. Further if they attempt to force access then I will rescind my permission for any use wlratever. Another concern I have is the hunting. There are too many houses closely surrounding that property to allow the use of firearms there. Thank you for your time and consideration in this matter. Yours truly, o/--'l GIryhLD CO(,.ITY mx f-bm1s\;L4f- s\ \hnoNL$u ohh\|- SECzND srqlef le Bou LA^/E u ,Qi:,\\ s b \irh 3r\ \ ^ N. N N F1 li f\\ 3z(n \ 2 { thfi --{ T- \.L Pz tgtAD Aczps PRopos E t> p e oe ni r,t t t lcze * PqereRReo AccEts T0 BE FEirto)ED P A LATER DATE o o 0 J a o trY/ AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT is made this day of October,1996, by and between John H. Jacobsen ("Jacobsen") and Robert R. Nieslanik and Wanda M. Nieslanik ("Nieslaniks"). Jacobsen owrs certain real property located in Lots 8 and 9 in Section 34 and Lots 4 and 10 in Section 35, Township 7 South, Range 88 West ofthe Sixth Principal Meridian, Garfield County, Colorado (the "Jacobsen Property"); The Jacobsen koperly is subject to an easement 50 feet in width along and immediately adjacent to the westem borurdary of the Jacobsen Property, upon which is located a roadway used by the owners ofproperty lying North and East of the Jacobsen Property for ingress and egress; Nieslaniks own property, described on Exhibit A, attached (the "Nieslanik Property"), which is adjacent to a portion of the'westem boundary of the Jacobsen Property, and have been using the roadway on the easement across the Jacobsen Property for access to the Nieslanik Property; Such use by Nieslaniks has been by permission of Jacobsen; v. Neislaniks desire an easement over and across a portion of the Jacobsen Property for ingress and egress to the Nieslanik Properfy; and vi. Jacobsen is willing to grant Nieslaniks an easement and right to use the road, upon and subject to the terms and conditions hereinafter set forth: NOW, TI{EREFORE, in consideration of the premises and for other good and valuable corrsideration, the receipt and sufficiency of which is hereby acknowledged, Jacobsen and Nieslaniks agree as follows: L Jacobseu hereby grants to Nieslaniks a non-exclusive easement for ingress and egress over and across a strip of land 50 feet in width and 990 feet in length (the "Easernent Strip"), said Easement Strip being rnore particularly described on Exhibit B, attached. 2.a Jacobsen agrees that Nieslaniks may contfurue to use the roadway which extends north ofthe Easement Strip until Nieslaniks construct a roadway on the Nieslanik Property which will extend onto the Jacobsen Property within the Easement Strip and connect with the existing roadway within the Easement Strip. Neislaniks acknowledge that their use of the roadway north of the Easement Strip is by pennission only, and that such permission will automatically be revoked ninety days from the date of this Agreernent. 2.b. Nieslaniks acknowledge and agree that other parties own easements over and across the Easement Strip and such parties use a roadway located in the Easement Strip for ingress and egress. Jacobsen also uses the said roadway, and uses the Easement Strip, as owner thereof, for all purposes not inconsistent with the rights ofthe third parties who own easements. Neslaniks will not interfere with or impede use of the said roadway by Jacobsen or the third parties who also own easements on the Easement Strip, and Nieslaniks will prwent their employees, agents, licursees and guests from interfering or irnpeding such use. As an example and not in limitation of the generality of the preceding sentence, Neislaniks will not park vehicles within the Easement Strip, aud will insure that their employees, agents, licensees and guests do not park vehicles in the Easement Strip. Nieslaniks agree that Jacobsen shall continue to be allowed to use the Easement Strip for any purpose which does not futterfere with use of the easements which encumber the Easement Strip. 3. Nieslarriks shall be responsible for a pro-rata share, based on use of the roadway, of the maiutenance and repair of the roadway, including but not limited to snow removal. If Nieslaniks, the third parties who own easerreirts and use the roadway, and Jacobsen are not able to agree on the pro- rata share to be assessed to Nieslaniks, Jacobsen shall determine such pro-rata share. 4. Use ofthe Easement Strip by Nieslauiks, their heirs, assigns, agents, employees, licensees and guests, is limited to motor vehicle, equestrian or pedestrian travel on the roadway located within the easement to and frorn the Nieslauik Property, for purposes of (i) conthued use of the Nieslanik ltoperty for pasturing and grazing cattle; (ii) recreational use of the Nieslanik Property as described iu the 1.l t / Application for Special Use Permit fiied by Nieslaniks with Garfield County, Colorado on September 9, T996, a copy ofwhich is attached and incorporated by this reference; and (iii) access to the two cabins which exist on the Nieslanik Properfy as of the date of this Agreement in connection with such agricultural and recreational use. Any increase in use of the easement because of a change in the use of the Nieslanik Properly, an expansion of the recreational or agrioultural uses of the Nieslanik Property, or the construction of additional improvements upon the Nieslanik Property shall be an overburden of the easement. 5. The easement granted herein is not divisible or apportionable among subsequent purchasers or lessees ofless than all of the Nieslanik Properry. Any attempt to convey an interest in the easement to a purchaser or lessee of less than the entire Nieslanik Property shall be null and void. The easement shall terminate and no longer burden the Jacobsen property or benefit the Nieslanik Property if the Nieslanik Property is subdivided, whether though conveyance of one or more 35 acre parcels, or in accordance with the Subdivision Regulations of Gartreld County, Colorado. 6. Nieslaniks shall pay all expenses incurred by Jacobsen in colnection with the grant of easement contained herein, including attomeys fees. Further, if any action is ever brought by Jacobsen to prevent or stop any overburden ofthe easement, or to terminate the easemsnt because of a subdivision ofthe Nieslanik Property, or otherwise to enforce this Agreement, and Jacobsen is the prevailing parry in such action, Nieslaniks shall pay all expenses incurred by Jaoobsen in connection with such action, including reasonable attomeys fees. 7. Nieslaniks hereby indemnify Jacobsen against and agree to hold him harmless from any expense, liability or damage arising out of Jacobsen's grant of an easement to Nieslaniks, including but not limited to any costs and attomeys fees incurred by Jacobsen because of claims or actions asserted or brought by other persons who own easements on the Easement Strip. 8. This agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns ofthe parties. 9. This agreement shallbe construed and enforced in accordance with and pursuant to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth John H. Nieslanik srATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) L- Wanda M. Nieslanik Tlre foregoing insmmart was aclotowledged before me this :2, /-(^--day of October, 1996 by John H. Jacobsen. Witness my hand and official seal: My commission expir es: 's/?/q ;, srATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this by Robert R Nieslanik and Wanda M. Nieslanik. Witness my hand and official seal:. My commission expires: z/r, /f= .:).t-/1.,, day of OctoUei, i'l2g Notary Public t.