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Home My WebLink About2.0 BOCC Staff Report 09.24.1984BOCC 9/24/84 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Senate Bill 35 Exemption APPLICANT: Clifford Cerise LOCATION: Section 24, T7S, R88W; located off County Road 105 approximately 1/4 mile east of the intersection of County Roads 105 and 103. SITE DATA: WATER: SEWER: The proposal is to divide an existing 70 + acre ranch into two parcels of approximately 65 and 5 acres. Existing well on the 5 acre parcel. Existing individual sewage disposal system on the 5 acre lot. ACCESS: Off County Road 105 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD in all directions I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The proposal sits within District C of the Comprehensive Plan management district map. This is rural areas with minor environmental constraints. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site sits north and south of County Road 105. Tne parcel slopes upwards towards the north and becomes relatively flat behind the existing house. The majority of the parcel is currently in agricultural production. B. Project Description: The applicant proposes to divide a 70 + acre parcel into two (2) parcels of 5 and 65 acres. The applicant wishes to deed the 5 acre parcel over to his parents from whom he purchased the property. III.MAJOR ISSUES AND CONCERNS A. Review Agency Comments 1. The Carbondale Fire Protection District has no objection to the proposal (see letter page /C ), r • B. Staff Comments 1. The 70 + acre parcel contains land on both sides of County Road 105. At this time, the applicant does not wish to create separate lots on the south side of the County Road. Thus, for clarity in future, a plat note on the final plat should make reference to the fact that this exemption action is not creating any separate parcels south of tne County Road and that the property south of the County Road is part of the larger (65 + acre) parcel to the north of County Road 105. 2. The existing well located on the proposed 5 acre tract is apparently an older well that was drilled prior to the requirement for a well permit. The Division of Water Resources has not responded to the proposal to date. The proposed 65 acre tract is over 35 acres in size and, therefore, should quality tor an exempt well permit. 3. The final plat should note a 60 foot right of way easement for County Road 105 along the applicants property line (30 feet on each side of the existing road center line). 4. Oscar and Wilma Cerise owned the property for 20 years prior to Clifford Cerise obtaining the property. The property has not been subdivided prior to this request. 5. Approximately 40 lots of 5 acres or less have been created by exemption in the surrounding area. IV. SUGGESTED FINDINGS 1. That tne hearing 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 tnat hearing. 2. That the proposed exemption will be compatible with the surrounding neighborhood. 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 APPROVAL, with the following conditions: 1. That the applicant receive confirmation from the Division of Water Resources that the existing well can serve the existing home and that an additional well permit can be issued for the 65+ acre parcel. 2. That a plat be submitted to the Department of Development. In addition to the subdivision regulation requirements, the plat shall include: A. Separate legal description for each of the two parcels including all easements. B. A 60 foot wide road right of way easement for the length of County Road 105 bordered by Mr. Cerise's property shall be shown and described on the plat. C. A plat note shall indicate that no separate lots are being created south of County Road 105 and that the land shown south of County Road 105 is part of the 65+ acre parcel. D. The plat shall read "Cerise Exemption" and make reference to the Resolution Number approving the exemption. 3. A copy of a written legal description of each parcel shall be submitted prior to final approval. This legal description shall include all easements. 4. A $200.00 School Impact Fee shall be paid prior to final approval. 5. The applicants have .120 days from the date of conditional approval to meet all conditions. IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO CASE NO. IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF OSCAR CERISE & WILMA CERISE IN THE ROARING FORK RIVER OR ITS TRIBUTARIES TRIBUTARY INVOLVED: CRYSTAL SPRING CREEK IN GARFI ELD COUNTY W- 890 Well FILED.' IN WA'L'E;t Division No. o, 60 CT 251072 STATE OF COLORArY) .!i weT R CLCPK RULING OF.,THF,---REFEREE ABSOLUTE DECREE FOR UNDER GROUND WATER RIGHTS And the Referee having made the investigations required by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby make the following ruling, to wit: This Water Division application was referred to the Water Referee of No. 5 on the 27 thday of June , 197.z. 1. Name of Applicant Address Oscar Cerise & Wilma Cerise R. R. No. 1 Carbondale, Coloradd 2. The name of the structure is Oscar Cerise Well No. 6. 3. The Legal description of the structure is: The well is located in the SW4NE of Section 24, T. 7 S., R. 88 W. of the 6th P.M. at a point whence the Northeast Corner of said Section 24 bears N. 38°40' E. 2925.88 feet. 4. The depth of the well is 220 feet. 5. The date of initiation of appropriation is March 1, 1942. 6. The amount of water claimed is 0.033 cubic foot per second of time. 7. The use of the water is domestic. 8. The State Engineer's number is none. 9. The Priority date is March 1, 1942. 10. The date of the application was June 20, 1972. It is the ruling of the Referee that the statements in the application are true and that the above described water right is approved and granted the indicated priority; subject, however, to all earlier priority rights of others. It is accordingly ordered that this ruling shall become effective upon filing with the Water Clerk, subject to Judicial review as provided by law. Done at the City of Glenwood Springs, Colorado this ZJ day of�',72:A.4f=r , 197 y . ';t^'t wns filed in thin mn',to•- -rr '-inR rnllnr. in cnnflr;•r',i -ovel, nnr3 is made the t r'''i Drjcrf r; of this ernirt. ., 5/%73 Vhitei Juc1Lu Water Referee Water Division No. 5 State of Colorado RD D. LAMM ;overnor 1 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 September 17, 1984 Mr. Cynthia M. Houben Garfield County Planning Department P. O. Box 640 Glenwood Springs, CO 81602 Re: Clifford Cerise Exemption NE1/4, Sec. 24, T7S, R88W Dear Ms. Houben: JERIS A. DANIELSON State Engineer We have reviewed the above referenced application to split off a 5 -acre parcel from 70 acres. A domestic well permit could be issued for the 65 -acre parcel. We assume that the well that will serve the 5 -acre tract is an old well constructed before 1972 since it does not appear our office has a record for the well. If the well was constructed prior to 1972, we recommend approval of this application. We would consider this as a one-time exemption. HDS/JRH:ma/3430 cc: Orlyn Bell, Div. Eng. Steve Lautenschlager Sincerely, Richard L. Stenzel, P.E. Chief, Water Management Branch For: Hal D. Simpson, P.E. Assistant State Engineer 02 0 1984 (ARFIHM CO Pi_�a.k MEMORANDUM FROM• Judy OF PETRE & ZIMMERMAN. P.C. TO: George RE Cerise Petition for Exemption • Patty gave me these names and addresses for the property owners within 200 feet of the Cerise property. The numbers are the tract numbers from her Assessor's Map. 244 133 137 Judy Douglas Cerise Ranch Co. /,23/ L6'61/17 - y °/jp SUS Robert C. & Betty Lou Schenck 0506 County Road 105 Carbondale, Colorado 81623 Lake Ranch Inc. (-/c F. w "G714.6 (address already in file)-JPsF Warren S. & Sada Beth Jenkins P.O. Box 104 Carbondale, Colorado 81623 David J. & Norma R. Hughes 4606 Road 154 Carbondale, Colorado 81623 Stephen H. Callicotte 2369 Road 103 Carbondale, Colorado 81623 August 17, 1984 DATED• 5 /7?! q5(? -7' /u /1 i To: Cindy Houben, Planner From: Ed Feld, Environmental Health Officer Date: August 21, 1984 Re: Letter of Feasiblility for Sewage Disposal - Clifford Cerise - Request for Exemption Based on the information received by this office and past experience with sewage disposal facilities in the immediate area of the proposed exemption, this office has determined and believes on-site sewage disposal facilities to be both feasible and practical, commensurate with both County and State regulations, provided proper permits are obtained prior to construction. It should be further noted that, due to the known conditions, only the following types of on-site sewage disposal systems would be acceptable, provided unforseen problems are not encountered: X Approved septic tank and subsurface absorption area Approved septic tank and sealed dispersal system Approved septic tank and unsealed dispersal system System designed by a Colorado Registered Professional Engineer Other as specified