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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.21.1994W BOCC 11/21/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Bill Crymble LOCATION: A tract of land located in Section 17, T7S, R88W of the 6th PM, located approximately one half (1/2) mile east of State Highway 82 and the CR 113 intersection. SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: I_ 5 acres Well ISDS CR 113 A/R/RD 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 Management Districts' Map. I_ DESCRIPTION OF THE PROPOSAL Site Description: The site is located in the lower terrace of the Cattle Creek, in an area of low-density residential and agricultural uses. Improvements on the site include a single-family home located near the north -central portion of the proposed exemption. The parcel slopes gently toward the County Road, with total relief change one property of approximately 40 feet. A vicinity map • is shown on page' B. Project Description: The applicant is proposing to split the 5.0 acre parcel into two (2) tracts of approximately 2.5 and 2.5 acres in size. A sketch plan oi the • proposed exemption submitted with the application is shown on page ' . III. MAJOR ISSUES AND CONCERNS 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 or natural feature, such parcels thereby created may, in the discretion ofthe 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 February 4, 1972 (Book 427, Page 57). Therefore, up to four (4) parcels can be created through the exemption process, although the size of the parent parcel restricts the number of lots to the two (2) requested. B. Zoning. Both exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. C. Legal Access. The parent parcel is accessed directly from County Road 113, and a platted 30' easement is currently in place that will provide access to the southern exemption parcel. D. Water and Sewer. The applicant intends on serving the exemption parcel with an individual well. The existing parcel is served by an individual well, permitted in 1972. Although the permitting policy in 1972 allowed for multiple dwelling units, the State's position is that the number of units allowed in based on historic use. In short, the State's current policy would allow an additional well permit, however no irrigation or outside use would be allowed. E. Staff referred the application to the State Engineer's Office. No response has been received to date. Staff would suggest that a favorable response from the State be a condition of approval. Sewer will be provided by ISDS. Soils on the site are predominantly Southace Cobbly Sandy Loam (#98), which is considered to have moderate constraints for ISDS, although the primary constraint is based on slope. 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 drainage easements appear to be necessary, but should be verified on the field by the applicant's surveyor. G. Fire Protection. The Carbondale and Rural Fire Protection District has approved he proposed exemption (see Ron Leach's October 25, 1994 letter on page • ). H. Easements. Any required easements (drainage, access, utilities, etc..) will be required to be shown on the exemption plat. 2a • • School Impact Fees The applicant will be required to pay the $200.00 impact fee prior to the approval of the final plat. J. Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is located within an area identified as having severe constraints for ISDS, due to high ground water. Staff suggests the following plat note: "Due to the potential for high ground water on the site, engineered septic tanks will be required at the time of building permit submittal. Any replacement of the existing system shall require an engineered system." K. Floodplain: The property is encumbered by the 100 -year floodplain of Cattle Creek. A review of CWCB 1982 floodplain mapping indicate that the floodplain profile through this section of is quite narrow, and likely will not impact a building envelope on the site. Staff would suggest the following plat note: "Both parcels are located within the 100 -year floodplain of Cattle Creek. Any encroachment within the regulated floodplain requires a Special Use Permit from Garfield County." L. Open Space Easement: The applicant has indicated an "open space" easement along the bank of Cattle Creek to prevent encroachment into riparian areas associated with the creek. Staff supports the applicant's intent, and would suggest the following plat note to implement the easement: "No construction or modification ofexisting vegetation is allowed within the Open Space Easement as shown on the Plat." W. SUGGESTED FINT)INGS 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 o f the application, subject to the following conditions: 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 3* • • 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. 5. That the following plat notes shall appear on the Final Exemption Plat: 0 "Both parcels are located within the 100 -year floodplain of Cattle Creek. Any encroachment within the regulated floodplain requires a Special Use Permit from Garfield County." CI "Due to the potential for high ground water on the site, engineered septic tanks will be required at the time of building permit submittal. Any replacement of the existing system shall require an engineered system." O"No construction or modification of existing vegetation is allowed within the Open Space Easement as shown on the Plat". -- FLT rime A 1(111 WELL. Per -6m m r Ll M t-ra-rto,t� A favorable response from the State Engineer's Office must be received prior to the signing of an exemption plat. 7. Control of noxious weeds is the responsibility of the property owner. 8. All construction shall be consistent with USFS Wildfire Prevention Guidelines. M AM(AA M o-rt,o4 114 rav�,2 W M"' LI 411116 UED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY III •14 'OP"-( 19'10 -�• 1 6 5 I rs •,71 29 3 re r 10 1717 1 'II j111-7-71 1�1 I'�r f 51 27'37 i ]• ( -v1 :' yeei 4441'' f� /(. 1 • 1g' lb: '3 / 1/ 1, \I'•. 1. -`- ��:.,;„,"0-7--------:,1.,•'---/. 1 ?. \-",,-0/,r) n�`1(' ,� 1i'L'' r 7q1. '1-, l 4�, II `I 1 a _ r ' J9f 444--- 11)44 - e.f.... moi. ./'-. 1 • 054. (Sint •2l .. \ 3,, i• • 11/4,i �,. .,x-.1 Critic • '1 • i I L +Oft- -,l II 1� . • r; rl 11 11 r\.111(1 :..r $4001 "1 __1 ,• �4n°. / 151 v .. • 111,,1r� ( . 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U • • CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 Meadowood Drive Carbondale, CO 81623 (303) 963-2491 FAX (303) 963-0569 tt October 25, 1994 Dave Michealson Garfield County Planner 109 8th St. Glenwood Springs, CO 81623 Dear Dave, • • DICT 2 1994 I would like to offer the following comments regarding Bill Crymble's proposed sub -division exemption for his property located at 1 168 County Road 113. As I understand it the proposal calls for making two Tots out of one lot and the construction of one additional single family residence. The District will provide fire and ems service to the property with initial response coming from the District's Westend station. Response time to the property is approximately 15 minutes. Additional response will come from the District's Carbondale station. Water supply for fire protection will be the water carried on the fire trucks, augmented by the District's water shuttle program. All access roads to the property should be constructed according to the Garfield County road standards for sub -divisions. If you have any questions feel free to contact me at 963-2491. Sincere Ron Leach, Chief Carbondale & Rural Fire Protection District 00 • CARBONDALE & RURAL FIRE PROTECTION DISTRICT 300 Meadowood Drive Carbondale, CO 81623 (303) 963-2491 FAX (303) 963-0569 October 25, 1994 Dave Michealson Garfield County Planner 109 8th St. Glenwood Springs, CO 81623 Dear Dave, i _1_.tikaF ELI) ✓ . f y OCT 2 1994 I would like to offer the following comments regarding Bill Crymbie's proposed sub -division exemption for his property located at 1168 County Road 113. As I understand it the proposal calls for making two lots out of one lot and the construction of one additional single family residence. The District will provide fire and ems service to the property with initial response coming from the District's Westend station. Response time to the property is approximately 15 minutes. Additional response will come from the District's Carbondale station. Water supply for fire protection will be the water carried on the fire trucks, augmented by the District's water shuttle program. All access roads to the property should be constructed according to the Garfield County road standards for sub -divisions. If you have any questions feel free to contact me at 963-2491. Sincere Ron Leach, Chief Carbondale & Rural Fire Protection District • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 November 23, 1994 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Crymble Exemption SW1/a, NE14 Section 17, T7S, R88W, 6th P.M. Water Division 5, Water District 38 Dear Dave: Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer Thank you for the referral for the Crymble Exemption located approximately 3/4 of a mile east of the intersection of SH -82 and CR -113 in the Cattle Creek area. The applicant is requesting an exemption to split a five (5) acre parcel into two parcels of 2.5 acres each. The proposed water service is from a well constructed under permit 53744. A review of our records indicates this well was constructed on August 27, 1972 and put to beneficial use on January 3, 1973. Since this well was not put to beneficial use prior to May 8, 1972, this well can not be expanded to serve an additional single family dwelling, pursuant to Policy Memorandum 93-5, copy attached. The Colorado River system and its tributaries at this location are over -appropriated. As such, well permits applications in new subdivisions must be evaluated to determine if other water rights would be injured considering the cumulative effect of all proposed wells. It is likely that in many circumstances well permits could not be issued by our office without a water court approved plan for augmentation. However, under current statutes, if the Garfield Board of County Commissioners approves this parcel by exemption as defined in §30-28-101(10)(d) C.R.S., our office must evaluate the well permit application as if the division of land occurred prior to June 1, 1972. Evidence must be submitted showing that the County has approved the parcel as an exemption. Should you have any questions regarding the water supply for this project, please contact this office. Sincerely, (,4, Jud' Sappington Weer Resources Engineer cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner • STATE OF COLORADO .-FICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 February 14, 1994 POLICY MEMORANDUM 93-5 Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer SUBJECT: In Over -Appropriated Basins - Expanding the use of a Pre -May 8, 1972 well on an intact Pre -June 1, 1972 Lot of Less Than 35 acres - to Add a Water Supply for ONE Single Family Dwelling. This policy becomes effective February 14, 1994 and shall be modified or revoked only in writing. SUBDIVISION REVIEW When a county referral proposes to allow adding one single family dwelling to an intact pre- 1972 lot with an existing pre -1972 well as the proposed water supply, we will respond that we have no objection to approval if the following conditions can be met: 1. The applicant can document that the property was recorded with the county prior to June 1, 1972, or the date the county adopted Senate Bill 35 rules, and the well will be the only exempted well on the tract. 2. The property has not been previously subdivided or exempted since June 1, .1972. 3. The well that is proposed as the supply was constructed and put to use prior to May 8, 1972. 4. The only expansion of use of the well will be for ordinary household purposes inside one single family dwelling, and return flows will be to the same stream system in which the well is located. 5. The waste water disposal system for the added dwelling must be of the non -evaporative type. 6. The applicant must apply for and obtain a new well permit for the expanded use of the well. 7. Our letter to the county must state that no additional well permits will be issued under Section 37-92-602, as the water supply for any new lots created from the subject property by either subdivision or exemption, as long as the permit for the expanded use discussed above is in force. • • GARFIELD COUNTY BUILDING AND PLANNING October 24, 1994 Mr. Jeff Deatherage Water Resources Engineer Office of the State Engineer 1313 Sherman Street, Room 818 Denver, Colorado 80203 RE: Crymble Subdivision Exemption (Section 17, T7S, R88W) Dear Jeff: Please find enclosed an application for a subdivision exemption from William R. Crymble, located approximately 3/4 of a mile east of the intersection of State Highway 82 and County Road 113 (Cattle Creek Road). The applicant is proposing an exemption to split a five (5) acre parcel into two (2) parcels of approximately 2.5 and 2.5 acres in size. I have enclosed a USGS quad indicating the location of the proposed exemption. The applicant intends on serving the site with a new well (permit application enclosed). The public meeting before the Board of County Commissioners has been scheduled for November 21st, 1994 at 4:00 p.m.. If the Board of County Commissioners approve the proposal, a condition of approval will be a favorable recommendation from your office. If you have any questions, feel free to give me a call. Sincerely David H. Michaelson Planner DHM/sa Enclosure 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 wRJ-5-71 COLORADO DIVISION (.)t WATER RE5UURC! 101 ( bine Bldg., 1845 Sherman Street, Denver, Colorad 3 TYPE OR PRINT IN BLACK INK. APPLICATION MUST BE COMPLETED BEFORE ACCEPTANCE. APPLICATION FOR: A PERMIT TO USE GROUND WATER A PERMIT TO CONSTRUCT A WELL REPLACEMENT FOR NO. A PERMIT TO INSTALL A PUMP OTHER �f? % APPLICANT 111Ct�11 t �!1 . Or/J44 b l� Street Address Pa t3e, Carboet dale). �� ( /© 8/6 z_ Telephone No. 30.3- 26.3- S_�r-•, NAME OF AQUIFER GROUND WATER IS TO BE OBTAINED FROM: 1^r1 X121 S LJ PROPOSED TOTAL DEPTH OF WELL _50 Ft. City & State ESTIMATED MAXIMUM PUMPING RATE 1-5 GPM AVERAGE ANNUAL AMOUNT OF GROUND WATER TO BE APPROPRIATED Acre-feet A.NWTCIPATED GROUT PROGRAM Material Intervals Placement Method PROPOSED CASING: Plain 3" in. from[0 ft. to %�%,) ft. in. from ft. to ft. Peri. r,)''7 in. from 'Xf' ft. to 5p' ft. in, from ft. to ft. Driller Address IF WELL IS USED FOR IRRIGATION, BACK/SIDE OF THIS APPLICATION MUST BE COMPLETED. ) / f) GROUND WATER TO BE USED FOR: X DOMESTIC (1) COMMER eIA'L (4 ) LIVESTOCK (2) INDUSTRIAL (5) MUNICIPAL (8) IRRIGATION (6) OTHER WELL LOCAT ( . 1J COUNTY (� 914I 4 of the WF 4 of Section ) 7 T. 7 S , R. 6 l P.M. IN ADDITION TO THE ABOVE, THE WELL MUST BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS, MONUMENTS OR SECTION LINES BY DISTANCE AND BEARING (DOMFSTTC WELLS MAY BE LOCATED BY LOT, BLOCK, & SUBDIVISION.) ft. from section lin (North or South) ft. from section lin, (East or West) LOT BLOCK SUBDIVISION FILING # Ground Water Basin Water Mgmnt. Dist. # _Id Anticipated drilling date 19 % Owner of land on which well is located: SC'►'ve Other water rights on this land Signature o A Dlicant t FOR OFFICE USE ONLY CONDITIONS OF APPROVAL APPLICATION APPROVED: VALID FOR CNE (1) YEAR AFTER DATE ISSUED UNLESS EXTENDED FOR GOOD CAUSE SHOWN TO THE ISSUING AGENCY. PERMIT NO. 53744 DATE ISSUED MAR 2 2 1972 STATE ENGINEER BY ift �pLG�'107� c(FZ� °oxo UNITED STATES DEPARTMENT OF THE INTERIOR ms`s GEOLOGICAL SURVEY 107°15' 39'30' 6374 °73...-N 1.65 t 75 .7P 31, 29 '08 \ GLENW000 5P/7(NGS 9 MI • 10 12'41Y N1 OQ 32:� 69,1 f� l 3', 71.310 • (s( ' w \ \\Ji i 1 '11/:7;13 :. • ;cal1,lt ✓ /� na0 , 2 • 11 • 0 /...N / (/c`II 1, 6,00% � 99 i I 27 ,I.,' / - VA 111gm!�M _ , - 5 Sulank.' 7`r?r'` 3RIVER 0,..., 717 G-1441AT 5 B- 3S• rr.( OAF • • RFr NOV 2 1994 L;UUiNTY CU i MISSt)NERS a/// / Gam//S /ei i xs 45 t/r,?„‘e,/,/ 7 r/ py 76 e ett-w7. a/zd rmt 4///a//:4,01 G/ mile /f77//7a /7eGCS-Cay /67)-77L- L)144 4 -e -e- (25 h�jy /hy /7o/i f y iter t / Xal2 Qi SS', �tie.s- .4V a/4„oed e-->eezis c® me#' 7 e ra inns . e//,ed /5" Dh a /hq ,.S7resS e//'e ire /�I S ,oreic U� G� L Gr��u 42 //"/ o//e fi / . /7 -464v -is Core s�esS d4(t_ ���coC ��-caC .srie.4,A1 Mese pr°sales /owes o 'P /r v a-- // die 4 / 9I t kC GGC.ce l: Gr// /7 S� or4weled Gv/ Aonles l74- /Za ao / /79 Z- el/e!2 Gt des-fieca %eer 57kr 7a/17/2g %Se /pro DJa/S G G� SGlil/� /Oe, ;a GARP D COUNTY r—i n ic, 5, j .T, (....\ 3 2 1994 GA,1, ,...,..,) L/UUNTY 11 RE eie/C1 re -7) //m/55/ d-7 Urs' ZA) be' 1-2 16 / 6L-77 &7-71/77'o-7 r i-A-L— Cry-p-L&et r re) p e / 3 (1,1_ 6dr2dak 00-e- e I e pr -c 2 e ,11 p e -e dire ps.:s 177 aiwL r-eetAi-kJ ( ( I ot /-5 • /-1A-k q jfat__ cizr-r}- qoec— &/- f 1 oi ziZe C iL // 1 Co b&gl--iy X3 I 3 C a 12 071 daLse---