HomeMy WebLinkAbout2.0 BOCC Staff Report 09.16.1996• •
BOCC 9/16/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: John W. Bershenyi
LOCATION: A tract of land located in Section 34, T6S
R89W of the 6th P.M.; approximately three
(3) miles south of Glenwood Springs, off of
CR 117.
SITE DATA: 206.95 Acres
WATER: Shared Well
SEWER: ISDS
ACCESS: CR 117
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in the Medium Density Residential District (6-9
ac./du) as designated by the 1994 Garfield County Comprehensive Plan's Proposed Land
Use Districts, Cattle Creek Area Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located approximately three (3) miles south of Glenwood
Springs, on the west side of CR 117. Four Mile Creek is to the west of the proposed
lots, which are in an area of the applicant's ranch that is unimproved for agricultural
use. The lots slope toward the creek bottom and consists of native grasses and a
fairly dense oak scrubs stand.
• •
B. Project Description: The parent tract of land to be subdivided consists of 206.95
acres, and the proposal calls for creating a total of four (4) parcels of 2.278, 2.278,
2.893 and 1 res. (See proposed plat pg. -6- ) The three smaller parcels will
share a domesti well and utilize individual sewage disposal systems. Access will be
provided by a 30' access/utility easement off of CR 117, that is presently a ranch road
that is gated.
/qg e s
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations states 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 of a recorded subdivision; however, any parcel 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 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 exemption with regard to the four (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable; "
The applicant's family has owned the property prior to January of 1973 and therefore
qualify for the requested exemptions.
B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as
required by the A/R/RD zone district.
C. Legal Access: Legal access will be provided by a 30' wide access and utility easement
coming off of CR 117. The access easement creates a public access at least 25' in
width, meeting the minimum frontage on a public road required by the regulations.
The existing ranch road may need to get a driveway permit from the Road and Bridge
Department, which needs to be verified prior to approval of an exemption plat.
D. Water and Sewer: The applicants are proposing the use of a shared well to be located
on parcel B, capable of serving up three (3) single family homes on these smaller lots.
See permit attached on pages 4- $ . The applicant submitted information
regarding the quantity of water from adjoining properties that indicate that wells over
100 ft. in depth and producing at least 15 gpm. The remaining portion of the tract
is over 35 acres and qualifies for a domestic well. Prior to the approval of an
exemption plat, the applicant drill a well demonstrating the following:
1) That a four (4) hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
• •
3) The results of the four (4) hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
4) A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
6) A legal, well sharing agreement which discusses all easements and
costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments
will be made for these costs.
7) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria and nitrates.
E. Sewer: The well permit requires the use of an ISDS with leach field. The Soil
Conservation Service lists the soil comprising the most of the tracts to be created by
exemption as a stony loam with rock outcrops, having severe constraints for septic
tank absorbsion fields. A plat note requiring an engineered ISDS would be
appropriate given the SCS soils report.
F. State and Local 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.
G. 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 of the parcel to be created.
H. Fire Protection: The applicant has included a letter from the Glenwood Springs Rural
Fire Protection District, who noted that any development with more than two
dwelling units may be required to meet the provisions of the 1994 Uniform Fire Code.
(See letter pg.- 9 - ) Staff recommends that approval be contingent on clarification
of the fire protection requirements that the fire protection district deems appropriate.
Easements. Any required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption plat. An adjoining property owner has indicated that
there is a headgate on the property in question that serves his ditch. If the previously
noted road is also an access easement to the ditch headgate, then the right to access
the headgate needs to be described on any plat approved for the exemption.
J. School Impact Fees The applicant will be required to pay the $200.00 impact fee for
the newly created lot, prior to the approval of the final plat.
• 1
K. Natural Hazards. The SCS soils report also indicated that the soils also have severe
constraints for dwellings with or without basements. It is suggested that a plat note
be required noting that an engineered foundation will be required as a part of the
submittal of a building permit.
L. Neighbors Comments Enclosed is a letter from an adjoining property owner
expressing concerns about barking dogs and the height limitations on buildings. (See
pg. 70 )
W. 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.
V. RECOMMENDATION
Staff recommends APPROVAL, with the following conditions of approval:
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 shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, access to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of approval of the exemption.
4. That the applicant shall submit $200.00 in School Impact Fees for the creation of the
exemption parcel.
1
5. That the following plat note shall appear on the Final Exemption Plat:
"Soil conditions on the site require engineered septic systems and building
foundations."
"Control of noxious weeds is the responsibility of the property owner."„_��
i 1 ,4J ,,,,,cr..-t4L t . tr✓tl ('J C eS pit, O(1�1 j ev,// 6e- Q luv �f -a dr 1114 `=
6. Final approval is subject to a clarification of the types of fire protection measures that tioi4 627i
need to be provided for the Glenwood Springs and Rural Fire Protection District.
7. Tke shared well system be designed and ed by a competent p. with particular
\,�'conceii given o the siting of4he v ous mpopants in effo to g • , anee the
tegrity o „and ancess to, the sste
9. The appro bject to a fa ble response competent ydrologist as to the
adequacy fthe water sup.ly fronm,he alluvi of West Divid Creek. Furthermore,
a ter nality . conducted by th State Board alth, shall indic ote that
the water is fit for human consumption.
10. Prior to the approval of an exemption plat, the applicant drill a well demonstrating
the following:
1) That a four (4) hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
4) A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
6) A legal, well sharing agreement which discusses all easements and
costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments
will be made for these costs.
7) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria and nitrates.
11. Prior to approval of an exemption plat, the County Road & Bridge Department will
either issue a new driveway permit for the exempt lots or a letter stating that no new
permit will be required.
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•
..COLBRADO DIVISION OF WATER RESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SIYERMAN ST., RML 818, DENVER CO 80203
phone - info: (303) 866-3587 main: (303) 866-3581
NEW 35 + ACRE RESIDENTIAL
c •
Water Well Permit Application
hlf t ba com feted in black
Ink or typed
Review instructions prior to completing form
1. APPUCANT INFORMATION
u$
6. USE OF WELL (check appropriate entry or entries)
Mane of appkicant
John Wilson & Alice Bershenyi
iiiA. Ordinary household purposes in up to 3
single-family dwellings, the watering of
not mora
Mailing Address
2833 County Road 1 1 7
domestic animals, and the irrigation of
than one (1) acre of horns gardens and lawns
City
Glenwood Springs 1
State
Co
Zip code
81601
0 8. Livestock watering (on farm/ranch/range/pasture)
Telephone Number (Include area code)
7, WELL DATA
(9 7 0) 9 4 5- 7 3 7 3
MAXIMUM PRODUCTION RATE OF THE WELL
2. TYPE OF APPLICATION
SHALL NOT EXCEED 15 GPM
CONSTRUCT A NEW WELL ON A TRACT OF
8. TYPE OF RESIDENTIAL SEWAGE SYSTEM
LAND OF 35 ACRES OR MORE
*Septic tank / absorption leach field
■ Central system
Oft ran e:
3. REFER TO (if applicable):
Mondorng hob acknowledgment:
• Vault
Location sewage to be hauled to:
MH-
■ Other (attath copy of engineering design)
4. LOCATION OF WELL
County
Quarter/quarter
Quarter
9. PROPOSED WELL DRILLER (optional)
Garfield
NE 1 /4
SW 114
Nam.
Uaanse number
Section
TownsMp Nor 8
Range E or W
Pnncipa/ Meridian
Shelton Dri l l ina Coro.
1095
34
6 Es ■
89 • •
6
10. SIGNATURE of applicant(s) or authorized agent
oistancs of wail from s.ct,on lines
1 6 88 ft. from 0 N a s 1 7 9 4 ft. from 0 E 1111 w
The making of false statements herein constitutes perjury
in the second degree, which is punishable as a case 1 mis-
demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read
Weil location address, if ditfensrt from applicant address if applicable)
the statements herein, know the contents thereof and state
that they are true to my knowledge.
5. TRACT ON WHICH WELL WILL BE LOCATED
Must be oitel "t "gnaLL17e
A.
ATTACH LEGAL DESCRIPTION FOR 36 + ACRE TRACT
0 Development
Tae
0.ta
Name
Office Use Only
OWR Map No.
Lot no. Unit #
1 Other
DIV
a. NATE PARCEL
CO
ID* (optlend):
in
WD
C. f acres tract
35.001
D.
BA
THIS WILL BE THE ONLY WELL ON THIS TRACT
USE MO
Form GWS -5
COLORADO DIVISION OF WATR RESOUR•
DEPARTMENT OF NATURAL RtSOURCES
There are a variety
a permit for a NEW
one acre of home
"DOMESTIC" use),
only if the well will
GWS -50 FMINST (12195)
35 + ACRE RESIDENTIAL - GENERAL INSTRUCTIONS
of uses for ground water in Colorado. This form (GWS -50) is to be used only when applying for
well that will be used for household use in up to three single family residences, watering of up to
gardens and (awns, and watering of the owner's domestic animals (sometimes referred to as
and/or for the watering of livestock on a farm, ranch, range, or pasture. This form is to be used
be the only well on your tract of land of 35 acres or more.
This form should net be used in the following cases:
HOUSEHOLD USE ONLY - Use form GWS -49
REPLACEMENT of a residential or livestock well - Use form GWS -44
FEES This Application must be submitted with the required 560 non-refundable filing fee.
Checks should be payable to the COLORADO DIVISION OF WATER RESOURCES.
Applications are evaluated in chronological order. Please allow approximately six weeks for processing.
ilelv, in
ped. ALL ITEMS
e application must
be completed. must be
applicationsmpleted lmay bedretur ed to BLACK e ppli ant formore information. Doh not change or alter
be completed. Incomplete
the application in any way.
THE LOCATION of the well in item 4 must be correctly and accurately described. The county, quarter/quarter, section,
township, range, principal meridian, and distance from section lines must be provided.
NOTE: Distances are not necessarily the same distances as the distances from (your) property lines.
For additional assistance in describing the location of your well, review the publication entitled "How
to Determine Well Locations" which was provided with your packet, or can be requested from any
Colorado Division of Water Resource office.
A LEGAL DESCRIPTION or survey plat of your lot or parcel of land is required in item 5.
An ORIGINAL signature must be on each application. The applicant's authorized agent may sign the application, if a
letter 3ianed by the aociicent is submitted with the application authorizing them to act as agent for the purpose of
obtaining a well permit.
l the
er
IF YOU HAVE ANY QUESTIONS regarding any m on the nearthe 'est'on Divfsion oform, ease Wate -)Baso Division
Field Offtcalocated en
Ground Water Information Desk (303-866-3587),
Greeley (970-352-8712), Pueblo (719-542-3368), Alamosa
(719-589-668),
1or 589-6683 , 0 Montrose
(970-249-6622), Glenwood
Springs (970-945-5665), Steamboat Springs (970
45).
DETAILED AILED INSTRUCTIONS ARE AVAILABLE UPON REQUEST
COLORADO DIVISION OF WATER RESOURCES, 13133 HE -RMA STREET,
TR ell WTer Rights Records),M
EN ER,3C0 X80203
PHONE 3C3-888-3617 (Infartnation), 303-868-3581 (Mn)ai, 30
8-6-96
• •
DEPARTMENT OF EMERGENCY SERVICES
Mr. Mark Bean
Garfield County Planning Dept.
109 8th Street
Glenwood Springs, CO. 81601
Dear Mark,
EMS • FIRE • RESCUE
This letter is in reference to the proposed subdivision exemption for John and Alice
Bershenyi up 117 road. This property is within the boundaries of the Glenwood Springs Rural
Fire Protection District and fire and medical response will continue as it now does.
Please be advised and let the property owners know that if this area is to be developed
with more than two dwelling units, provisions of the 1994 Uniform Fire Code may be required.
These requirements consist of adequate water supply for fire protection, road access, widths,
grades and surfaces, bridges designed to accept the weight of fire apparatus (if constructed) and a
wildfire mitigation plan. We will be more than happy to discuss these potential requirements
with the owner before development occurs.
If you have any questions or need further information, please give me a call.
Sincerel
Jack Jones Asst. Chief, Glenwood Springs
Dept. Of Emergency Services
cc: file
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
IS
August 27, 1996
Board of County Commissioners
Garfield County Courthouse
Suite 301
109 8th Street
Glenwood Springs, CO 81601
RE: John Bershenvi Subdivision Exemption
Dear Board Members:
If you grant Mr. Bershenvi a subdivision exemption. I would like to ask that you put in some
restrictions regarding the "noise" ordinance, particularly from barking dogs.
We are an adjoining property owner and notice that noises seem to echo and magnify in the valley
around our residence. Barking dogs are now a problem and I would not like it to be magnified.
I also have the usual concerns regarding height restriction on structure and some assurance our
water wells will not be atf'ected.
Thank you for addressing our concerns.
Sincerely.
16.1/1 Al/1/?
Richard W. McClellan
RWIV1 nm