HomeMy WebLinkAbout2.0 BOCC Staff Report 12.09.1996o
BOCC t2t9t96
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:An exemption from the definition of
subdivision.
APPLICANT:Carl and Nora Bernklau
LOCATION:A tract of land located in portions of Section
33, T6S R94W and Sections 4 and 5, T7S,
R94W of the 6th P.M.; approximately seven
(7) miles southwest ofRifle, offof CR 329.
SITE DATA:240 Acres
WATER:Well
SEWER:ISDS
ACCESS:CR 329
EXISTING/ADJACENT ZONING:A/R/RD
I. RELATIONSIIIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in District C, Rural ArealMinor Environmental
Conskaints and Disffict F, Rural Areas/ Severe Environmental Constraints, as designated by
the 1981 Garfield County Comprehensive Plan Management Districts map.
II. DESCRIPTION OF THE PROPOSAL
Site Description: The site is located in the Holms Meas area on the south side of the
Colorado River. An unnanred drainage runs tluough the tract of land and is bounded
to the east by Spruce Creek and Cache Creek further west. There is an existing house
on the property that was the original ranch house.
o
A.
-,O
OO
Proiect Description: The parent tract of land to be suMivided consists of 240 acres,
and the proposal calls for creating a tot-al of three (3) parcels of approximately 8.0,
8.7 and 223.3 acres. (See map pg.'b t ) The two smaller parcels will share a
domestic well and utilize individual sewage disposal systems. Access will be provided
from of CR 329. T}re larger rernaining tract of land is served by an existing spring and
ISDS that meet the needs of the existing house. Access is provided to the existing
house offof CR 329 too.
III. MAJOR ISSUES AND CONCERNS
A.Subdivision Regulations. Section 8.52 of the Garfield County SuMivision
Regulations states that "No more than a total offour (4) lots, parcels, tnterests or
dwelling units will be createdfrom any parcel, os that parcel was described in the
records of the Garfield County Clerk and Recorder's ofice on January l, 1973, and
is not a part of a recorded subdivision; however, any parcel to be divided by
exemption that is split by a public right-of-woy (State or Federal highway, County
road or railroad) or ndwalfedwe, preventing joint use of the 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 exemptionwith regard to thefour (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable ; "
The applicant's have owned the property prior to May of 1957 and have split offone
parcel of over 35 acres in size since that time and therefore qualify for the requested
two additional exemptions.
Zonng: The proposal meets the criteria of a two (2) acre minimum lot size as
required by the A/RIRD zone district.
Legal Access: Legal access will be provided by CR 329. The access easement
creates apublic access at least 25'inwidth, meeturg the minimum frontage on a public
road required by the regulations. The new lots may need to get a driveway permit
fromthe Road and Bridge Department, which needs to be verified prior to approval
of an exemption plat.
D Water and Sewer: The applicants are proposlng the use of an existing spring to serve
the proposed 8.0 acre lot. See water court decree attached on page.? r. . The
applicant submitted information regarding the quantity of water from wells on the
larger property that indicate that wells over 100 ft. in depth and producing at least
15 gpm. The remaining 8.0 acre tract is proposed to have a new individual well,
augmented by Green Mountain Reservoir contract. Prior to the approval of an
exemption plat, the applicant drill a well demonstrating the folowing:
1) That a four (a) hour pump test be performed on the wefl to be used;
B
B.
C.
;
{-
o o
aai,,
.!.
t,.l
!"'-t;a
o
A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
The resuhs ofthe four (a) hotr pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
A written opinion ofthe person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria and nitrates.
Sewer: The well permits will require the use of an ISD system that returns the water
to the water table. The Soil Conservation Service lists the soil comprising the most
of the tracts to be created by exemption as a loarn, haring severe constraints for
septic tank absorbsion fields due to slopes. A plat note stating that an engineered
ISDS may be necessary and that no individual sewage disposal system can be built
on slopes 30o/o grade or more.
State and Loca] Health Standards. No State or Local health standards are applicable
to the application, with the exception of Colorado Department of Health ISDS
setback standards, which should be verified by an engineer, as suggested by the
previous plat note.
Drainage: The parcel to be created by exemption, in its natural state, is not subject
to any drainage or flooding problems, and no drainage easements occur within the
area ofthe parcel to be created.
Easements. Any required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption plat.
Schoollmpact Fees The applicant will be required to pay the $200.00 impact fee for
the newly created lots, prior to the approval ofthe final plat.
Natural Hazards. The SCS soils report also indicated that the soils also have
moderate constraints for dwellings with or without basements.
3
o
2)
3)
4)
s)
6)
E.
F
G
H.Fire Protection: The applicant has included a letter from the Rifle Fire Protection
District, who noted that they have no problems with the proposed exemption at this
time. But they would like to have the opportunity to make sureJhat the property is
accessible to emergency protection equipment. (See letter pfi tJ
I
J
K.
?o
o
IV. SUGGESTED FINDINGS
That proper postmg and public notice was provided as required for the meeting before
the Board of County Commissioners.
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.
That for the above stated and other reasons, the proposed exemption is in the best
interest of the healtlr, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
staffrecommends APPROvAL, with the following conditions of approval:
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.
A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area ofthe proposed lot, access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities.
That the applicant shall have 120 days to present a plat to the Commissioners for
signature fromthe date of approval of the exemption.
That the applicant shall submit $200.00 in School Impact Fees for the creation ofthe
new exemption parcels.
5. That the following plat note shall appear on the Final Exemption plat:
'soil conditions onthe site may require engineered septic systems and that no
individual sewage disposal system cannot be built on slopes 30Yo grade or
higher."
"Control of noxious weeds is the responsibility of the property owner."
"The minimumdefensible space distance shall be 30 feet on level terrairl plus
appropriate modification to recognize the increased rate of fire spread at
sloped sites. The methodology described in "Determining Safety Zone
Dimensions, wildfire safety Guidelines for Rural Homeowners" ( colorado
a
I
')
3
1
2.
J
4
/o
o o
State Forest Service) shall be used to determine defensible space requirements
for the required defensible space within building envelopes in areas exceeding
five (5) percent grade."
6.Final approval is zubject to a Rifle Fire Protection District that emergency equipment
can access the property.
7 The approval be subject to a well permit being approved for the 8.7 acre parcel.
Prior to the approval of an exemptionplat, the applicant drill a well demonstrating the
following:
r)
2)
That a four (a) hour pump test be performed on the well to be used;
A well completion report demonstratrng the depth of the well, the
characteristics ofthe aquifer and the static water level;
The resuhs ofthe four (a) hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
A written opinion ofthe person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per persor! per day;
The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria and nitrates.
3)
4)
s)
6)
-S.
O a
I "}L"r ,.
.7 -< \- _-rt:,r/1l
k
il
I!-,
$'-
.l\
--
//
\
:\-\
l2. ./)_2l
s9
il
lt
tL/r'
i
I
L
\
I
i
I
;
':. :
I
I
Ilt
ll
1,2
i'
I
/t
/n\
J:+l 7r
//
////
//////
\\
tl
2
t.'
oo09
I
\
I
ll r
\\
t\
1\ooog \\x-
\.
9
$
ll
ll
l'l
il
il
==
(,/
2
\\
r\
tl\
,
t\
ll
ll
tl_
//
lrI\t\
\\
\\
\\\=-://
\\
$
o F I t-.:. ,
\\i,\ i I'1.. ..
l)ivisron ir.,. ,
irll0i 0 llr7il
IN Tllli DIS'llilC'f COlll{'f L.\ .'.ND IrOIi
N^',l'1.:li DIVISIC:i ii(). 5
s'[l\'i'li oi" cololl,\Do
AI'l'LlCrVl'lON NO. 1l- 1879 'n: oT Cr11-r'1. -'r
d1,/'o,,,,o(2u).
IN TiIIi TI\'ITI]II OT TIIii APPLICA'TION
FOR WATDR IIIGIITS OII C.iiI- I;.
R,i.ii{i{L.\U & iJa,iiA Il.U'I'11 B,irlili(L,',U
TN Ti]Ii CGLCII,\)O RIVER
OI{ ITS TIIIBUTAIIIES.
TiIIBUTi\RY INVOLVUD -
tl|li'i; 'NiiDIN G.\ll..rllil.D COUNTY
RULING OF TIIE l(i:l"i::t:i
AliSoLU'lE l;,iTt':l( I{IGilT
)
)
)
)
)
)
)
)
)
Ancl the Referee having made Ehc investigations rcquired
by Article 21 of ChapEer 1113r C.R,'S. 1963, as arncrlded docs
hereby mal<e che following ruling, to rvit:
This application was refcrred to the
Wager Division No. 5 on che 31 st <iay of
i Name of Ap;>1 icant carl ll. Bcrl'l<leu and iiora lluth Rcrnlill'u
Address Proutl 1, Ilo>: 170; llif Ic, CoLor:rc1o
2. The name of Ehe structure is G:irCr-rer Sp::ing'
3,Thelegaldescril:tionofchestructureis:i'ircs1:ringis' locateci- in the S.i';Srj{ of SocLion 33 r 'I'. 5 S. , R. 91+ li' of
the 6EIi i'].i".. at a Point r'rhcrtcc ti;e Southr:est Corircr of
section 4, T. .7 S. , it'. 9\ \'1 ' ot' the 6th Ii'i' bcirs:
S, 29" 0.1 r47" '{. 6336. ?-5 feet.
4. Means of diversion: Tttc r.r:itcr is coll-ected at the s1:rin3
and piped co tl:e 1>1.rcc of usc.
5. fhe'date of inicia-.tion of aPpropriat-ion is
June I , 79?-5.
6, The amour-it of water claimed is 0.01r1r cubic f oot per
second oi iinre.
7. The use of fhe vrater is cloi:tcstic ancl livestocl< \'7'lter'
B, The Prioricy daEe ls June 1, 1925.
g. The date of the application was liay 8 , t973'
ltistherulingofthelicfcrccthatthcstatcmelltsin
the application are true ancl Ehat tl':o abovc dcscribeci \\'ater
right i, opptornd anci granced the irrdicatcd priorityl subject,
hcr.rcvcr, Eo aIl crrlicr prioritics of othcrs '
It is accordinglr ordcrcd that this ruling shell bcco::rc
effcctivc u1;on filing r'rith thc llater Clerl<, subjcct Eo Juriici:I
revicr+ as prcvicled bY Iatr.
S1>rin.gs, Colorado , tttis,/O dDone ill rhe CitY of Ul<:nr'rood
cl ,ry of /lt*:Srr"{ , l97Z//
I.e p;6!r;:l ,,^{ f i)' a i:) I r'" r: r:1i i'c:''
Thc forcrl)'inq rlrliDq J's cnt-itIn''d
l.laEcr llcferee o
ihy
f.
1973 .
//-
r lltrfcrt:e
arr ', €tppr o'l cd , ltrd dr tho
Judgmont and Dcr;r thts court.L'i1tcr I)ivil; iolr No. 5
Statr'oI Colorlrtlo
tqTel)etod !
;frr/*
,,)
7
o o
clRtfte CFtre cProtectton cDistrict
Box 1133 o Rifte, Colorado a 816s0
Garfield counJ:v Planning DepartmenL
tO9 8 Street Suite 303
Glenwood Sprirgs, CO 81501
May !9, 1,994
Dear sirs,
The Rifle Fire Protection District has spoke with Mr'
CarI Bernklau about the proPosed subdivision of his
property on County Road 329.
The Fire Distr ict. aPproves of tlris sub-division at
this time, buL would Iike to continue to be involved in
the development of this sub-division so as to insure it is
accessible by emergency equipment and to address any
additional wild fire concerns.
If you have any questions feel free to contact me at
625-t243 or by mail at: R -F.P.D. PosL Of f i':e Box l-133,
Rifle, CO 81650.
Si ncerely ,
Mi ke Morgan
Fire Marshal
Rifle Fire ProLecLion Distrir:t
-E-