HomeMy WebLinkAbout2.0 BOCC Staff Report 01.06.1995•
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PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Elmer (Buckey) Arbaney
LOCATION:
A tract of land located in Section 16, T6S,
R89W of the 6th PM, located at 2585
Midland Avenue, adjacent to the City of
Glenwood Springs.
SITE DATA: 2.97 acres
WATER: City Service
SEWER: City Service
ACCESS: Midland Avenue
ZONING: R/L/SD
ADJACENT ZONING: R/4 (6000 sq. ft. lot size
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District A - City of Glenwood Springs Urban Area of Influence as
designated on the Garfield County Comprehensive Plan Management Districts' Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located on the east side of Midland Avenue, adjacent
to the City of Glenwood. The property currently includes a two-story single-
family unit and a 30' x 40' garage. A vicinity map is shown on page _it!_.
B. Project Description: The applicant is proposing to split the 2.97 acre parcel into
two (2) parcels of approximately 1.87 and 1.10 acres in size.
A sketch
plan of the proposed exemption is shown on page S0
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
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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;
A deed submitted with the application describes the parent parcel on June 11,
1962 (Reception ##217827 - Book 342, Page 375). Therefore, up to four (4)
parcels can be created through the exemption process.
ZO,000 SG. FT.
B. Zoning. Both exemption parcels are consistent with the required
minimum lot size for the R/L/SD zone district.
C. Legal Access. The parent parcel is accessed directly from Midland Avenue from
an existing driveway cut. As depicted on the sketch plan, and easement may be
necessary on the plat to provide access to the northern exemption parcel.
D. Water and Sewer. The applicant intends on serving the exemption parcel with
water and sewer from the City of Glenwood Springs. A January 6th, 1995 letter
from Michael Copp is shown on page. !
E. 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 Glenwood Springs Department of Emergency Services has
not responded to the application. Staff would suggest that a response to the
application be a condition of approval.
H. Easements. Any required easements (drainage, access, utilities, etc..) will be
required to be shown on the exemption plat.
I. 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. The City of Glenwood Springs Hazard Mapping identifies
the site as being in a "moderate" hazard area for debris fan deposits. The
"General Geological Hazard" maps identify the site as having "moderate"
constraints due to corrosive soils, significant rockfall hazards, and
hydrocompactive soils. Staff would suggest the following plat note to address
these issues:
"Both parcels have been identified has having moderate development
constraints due to rockfall, corrosive soils, and hydrocompactive soils.
At the time of building permit, the applicant shall submit an engineered
foundation, as well as evidence, certified from a Colorado Registered
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Engineer, addressing the need for rockfall mitigation. The Chief Building
Official shall determine the adequacy of the proposed mitigation."
K. City of Glenwood Springs. Staff reviewed the application with City of
Glenwood Springs Planning Staff on March 2nd, 1995. Janet Buck indicated
that teh City would not oppose the application due to the lower density uses and
the intensification of the area due to improvements to Midland Avenue.
IV. $IIGGESTED 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 of 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
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.
N 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. PRiuc, To S,UN,wc, aF Tr` hN7-
N 5. That the following plat note shall appear on the Final Exemption Plat:
"Both parcels have been identified has having moderate development
constraints due to rockfall, corrosive soils, ani drocompactive soils
At the time of building permit, the applicant sha � - -. f 1
as well as evidence, certified from a Colorado Registered
Engineer, addressing the need for rockfall mitigation. The Chief Building
Official shall determine the adequacy of the proposed mitigation."
N 6. Control of noxious weeds is the responsibility of the property owner.
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January 6, 1995
Bucky Arbaney
2585 Midland Avenue
Glenwood Springs, CO 81601
Subject: Utility service to 2585 Midland Avenue
Dear Bucky:
FT -
JAN 0 9 1995
(WILD GOI_VITY
It is my understanding that you intend to build two additional
single family dwelling units on the property at 2585 Midland
Avenue. As a part of the process, utility service availability
must be documented.
The City of Glenwood Springs has the capacity to serve the
proposed development with water and sewer service.
As you are aware, in May, 1994, the City of Glenwood Springs, in
anticipation of future development, installed a 11/2" tap on the
12" main in Midland Avenue, then manifolded that into two 1"
services. The tap fee of $1,214.67, is due prior to any
connection being made. Water system improvement fees of
$2,625.00 per EQR will also be collected. At a minimum, per
section 080.040.O3O(C)1(e) of the Municipal Code, a preannexation
agreement must be entered into prior to receiving water service.
The City recognizes the agreement entered into in February, 1982,
with William F. Brown, Jr., regarding the sewer service over what
is now Cottonwood Landing. I believe a 8" PVC line was installed
under Midland Avenue in 1994. This private service was intended
to serve future development on your parcel. The tap fee and
system improvement fees for this service were paid on October 8,
1993. System improvement fees of $1,575.00 per EQR will be
collectable prior to the City actually collection wastewater
flows from the proposed new units.
We look forward to working with you as this project proceeds.
VeP�v r�}l y yours,
Michael Copp
City Manager
XC: Robin Mill].yard, Public Works Director
Buddy Burns, Water/wastewater Superintendent
Yvette Gustad, Finance Department:
806 COOPER AVENUE (; LI! WOOD SPRINGS, COLORADO 81601 303/945-2575 FAX: 945-2597
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United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Glenwood Springs Resource Area
50629 Highway 6 and 24
P.O. Box 1009
Glenwood Springs, Colorado 81602
February 21, 1995
Mr. Mark Bean
Garfield County Planning Department
109 8th Street - Suite 303
Glenwood Springs, Colorado 81601
Dear Mr. Bean:
IN REPLY REFER TO:
1785g
(7-880)
fER 74 1995 `1
In response to the request for comments regarding the proposed Arbaney
Subdivision Exemption located at 2585 Midland Avenue, Glenwood Springs,
Colorado, I offer the following statements for your scheduled March 6, 1995
public meeting. Portions of the 2.97 acre parcel are adjacent to public lands
administered by this office.
1. Ownership of land adjacent to BLM-administered public land does not grant
the adjacent landowner any special rights or privileges for the use of the
public lands.
2. The proponents should be aware of the location of property boundaries to
ensure no encroachment occurs on public land. Should any fence construction
be considered along a BLM boundary, the fence standards should allow for easy
passage by big game, i.e. less than 42" in height with a 10" kick space
between the top 2 wires. The adjacent public land is not currently being
permitted for livestock grazing
3. The adjacent public land is open to hunting. The proponent should be
aware that hunting and other recreation uses are allowed on BLM-administered
land. The public land has also been designated as a Debris Flow Hazard Zone
through our Resource Management Plan, effectively closing all public land
within this zone to off-highway vehicles.
4. We are not aware of the location of utilities for power, telephone, etc.
to the property. If utilities are proposed that would cross public land, the
utility company would have to obtain a right-of-way from this office.
5. Review of our lands records shows there are no federal minerals located
within the subject private lands.
We appreciate the opportunity to comment on this action. If you have any
questions or need additional information, please contact Jim Byers in this
office at 945-2341.
Sincerely,
t111— Michael S. Mottice
Area Manager