HomeMy WebLinkAbout2.0 BOCC Staff Report 01.15.1996• •
BOCC 1-15-96
PROJECT INFORMATION AND STAFF COMMENTS
R EQU EST: An exemption from the definition of
subdivision.
APPLICANT: Ernest Frywald
LOCATION: A tract of land located in a portions of
Section 1, T7S R89W and Section 7, T7S
R88W of the 6th PM; located
approximately 5 miles south of Glenwood
Springs off of SH 82.
SITE DATA: 10.3 acres
WATER: Well
SEWER: ISDS
ACCESS: Proposed new driveway off of Hwy. 82
EXISTING/ADJACENT ZONING: Commercial/ Limited
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District D - Rural Areas/ Moderate Environmental Constraints
as designated on the Garfield County Comprehensive Plan Land Use Map.
II_ DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located in an area with existing commercial and
residential uses. The property has the Summit House (Coltons) furniture store,
associated storage buildings, and two mobile homes. The area is relatively flat,
draining gentlely toward the railroad, which forms the western boundary. A
vicinity map is shown on page _.
B. Project Description: The applicant is proposing to split the 10.3 acre parcel
into four (4) parcels of approximately 2.2, 2.1,2.1, and 3.9 acres in size. One of
the 2.1 acre sites would have the existing furniture store, the 2.2 acre site would
have the storage buildings and mobile homes, and the remaining two lots would
be vacant. An on site well supplies the existing uses and a new well is proposed
to serve the new lots. All existing and proposed lots would utilize individual
sewage disposal systems. A sketch plan of the proposed exemption is attached
to staff report, and a cover letter from Ron Liston is attached on pages _
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III_ MAJOR ISSUES AND CONCI RNA
A.
Subdivision Regulations Section 8.52 of the Garfield County Subdivision
Regulations state 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 ofa 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 ofthe
proposed tracts, and the division occurs along the public right -of way ornatural
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;
A deed submitted with the application describes the parent parcel on December
28, 1965 (Book 372, Page 175, Reception No. 232928). Therefore the tract of
land qualifies for a request of up to four (4) parcels to be created through the
exemption process.
B. Zoning. The proposed exemption parcel exceed the required 7500 sq. ft.
minimum lot size for the C/L Zone District. Each lot meets the two (2) acre
minimum required for a lot with individual wells and individual sewage disposal
systems. The proposed lot with the storage buildings and mobile homes has
been reduced in size due to some conflicts with the railroad right-of-way, that
has resulted in some of the buildings now being on the railroad right-of-way.
One of the buildings has a lease, two other buildings have no easement or lease.
There is no verification of the length of the lease to determine if the conflict with
the setbacks can be resolved with a variance. The lack of easement or other legal
agreement for the other buildings,creates the same conflict the setback
requirements and needs to be resolved before the Board approves any split of
land. Some kind of correspondence from the railroad recognizing the
encroachment of the buildings on their right-of-way needs to be received prior
to any approval.
C. Legal Access. The parent parcel is accessed from two access points off of
Highway 82. The proposed new lots would use a new access point adjacent to
the southern most access and expand it to a sixty (60) foot wide easement, with
a cul-de-sac with a 60' radius. No new State Department of Transportation
driveway permit has been included with the application. The application states
that the applicant does not know what type of uses would be on the property, as
a result the State would have difficulty issuing a permit. While this may be true,
staff believes that the State will be indicate whether or not a new permit can be
issued for expanded uses on the property. No approval should be given to the
application, until it can be demonstrated that there is or can be a legal access to
all of the lots and the proposed driveway will be approved by CDOT.
D. Water and Sewer. The applicant intends to serve the new parcels with a
commercial well, augmented with water by the Basalt Water Conservancy
District. The current well permit supplies the existing uses, but no copy has been
submitted with the application, so it is not possible to assess what, if any
limitations there are to the use of the well. It is not clear whether or not a
contract will be approved by the conservancy district or whether the contract
• •
land that was created by this exemption reserves the right to use the
proposed central water supply."
"The shared well system approved for this exemption requires a minimum
1000 gallon water tank be installed at each lot. This shall be done at time
of building permit application at the expense of the building permit
applicant."
The applicant is proposing to serve each parcel with a new or existing ISDS.
The application indicates that there are existing systems on the lot, with no
indication of the locations or the capacities. It is not possible to determine if the
existing systems are capable of meeting the needs of the proposed lots. Soil
conditions on the site does not preclude the use of individual leach fields on the
site. It should also be noted that ISDS can only be used for domestic waste and
any plat approved should have a plat note to that effect.
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.
F. Drainage. No intermittent of perennial streams are located on the property,
and it does not appear that easements are necessary.
G. Fire Protection. The applicant has proposed to meet the same requirements
made of the Evergreen Commercial Center developers in their agreement with
the Carbondale Fire Protection District. That agreement was to pay the impact
fees established by the District. These fees should be paid prior to the signing of
any plat of resolution.
H. Easements. Any required easements (drainage, access, utilities, etc..) will be
required to be shown on the exemption plat.
IV. 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 not all of the pertinent facts, matters and issues were submitted
at that meeting.
3. That for the above stated and other reasons, the proposed exemption is not in
the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends a Continuance of the meeting on the application to a date certain,
to allow the applicant time to provide additional information regarding the wells, water
rights, ISDS locations and capacities, a highway access permit, verification from the
railroad that the buildings encroaching on the ROW can continue to encroach
indefinitely.
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VICINITY MAP
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Pi" tihe z (Yeller -6s o
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November 27, 1995
Mark Bean
Garfield County Planner
108 81.h Street
Glenwood Springs, CO 81(101
Ue: Fyrwald Subdivision Exemption Application
Dear Mark:
land design
partnership
Al.Lached herewith are the application forms, plans, supplemental
information and application tees as required for an application for
exemption from subdivision procedures. This information is submitted
on behalf of the owner and Petitioner, Ernie Fyrwald.
Herewith is a copy of a Gleed transferring the property to the
previous owner (Colton ) and the deed from Colton to Fyrwald and
partners. This provides evidence that the property has not been
divided since prior to 1973 and thus qualifies for consideration as
as exemption from normal subdivision regulations.
EX -STING SITE
The lieu plus acre parcel is located on Ilwy. 82 five miles south of
Glenwood Springs. It is the site of the Summit ]louse (formerly
(o11ons) furniture story: and is zoned Commercial/Limited. The.
attached Sketch Plait shows all the existing structures on the site
including two large warehouses, the furniture store, a small
warehouse and three mobile homes. Access is provided by two
driveways from Hwy 82, one al. the north end of the property and one
near the middle of the highway frontage. Access to the site is
available to south hound Hwy 82 traffic only. The southerly half of
the site is open field.
An on-site well (see Sketch Plan) serves all existing uses on the
site. Wastewater disposal is handled by multiple septic Lank and
leachl'ielcl systems.
The Sketch Plan shows that some of the existing structures extend
into Lire railroad right-of-way. TIhis apparently is the result of
some confusion over property boundaries in the past.. Note the old
properly line and also an easement on the railroad right-of-way as
depicted on the Sketch Plan. IL is possible that some time is the
future the railroad could call for the removal of these structures
form railroad property.
P.O. Box 517 • Glenwood Springs, Colorado 81602
918 Cooper Avenue
(303) 945-2246 • Fax (303) 945-4066
• •
Mark ligan
I l/24/ th
gage 2
Adjacent uses include Sop►•is restautrant to the south, agricultural
fields to the southwest (Unocal ranch) , railroad to the west,
residential to the north and Hwy 82 to the east. Various commercial
and residential taus (furniture store, truck rental, warehousing,
mobile hones) currently occupy the structures on the site.
PROPOSED SUBDIVISION
The Sketch Plan shows the creation of four lots ranging from just
over two acres to nearly four acres. All existing structures are
included within lots one and two with the furniture store isolated on
lot one. initial access to all lots will be through the existing
central driveway via easements as shown on the Sketch Plan. Upon
identification of the future uses of logs three and four, an access
permit will be processed with the Department of Transportation for
the relocation of the existing central drive to the common boundary
between lots one and two. At that time, the cul. -de -sac shown and any
required highway impr•ovemenis will be constructed. Prior to the
identification of the future uses, it would he difficult to
accurately process an access permit.
Domestic water wi 11 he provided by a new commercial well.
Application is being made to the Basalt Water Conservancy 1)is1.r•ic1:
for a water rights contract for the new well.
The s i Le is located very close Lo the Carbondale and Rural Fire
Protection District Sub Station. Based on the request; of the
I)istr•ict of other commercial subdivisions in the same vicinity, the
Petitioner proposes to pay Lo the Fire District a fee comparable 10
that paid by other developments in the area. It is understood this
fee will be used to construct a water storage facility at the fire
station site.
Wastewater wi 1 I Ire treated by on site septic tanks and leachfields.
These will be designed by a registered engineer in accordance with
Colorado Department.. of Health Standards. This requirement will be
noted on the exemption plat. Putur•e uses of the lots will be
specifically limited by the amount of effluent they generate. Mary
uses will not be possible on the property because their wastewater
discharge would he greater than can be accommodated by on-site
disposal systems as regulated by the Department or Health.
s •
Mark Bean
11/24/95
page :1
Please contact me if you have any questions or require any additional
information.
Sincerely,
Ronald 1i. Liston
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