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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.09.1998BOCC 2/9/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Elmer (Bucky) Arbaney LOCATION: A tract of land located in portions of Section 23,26 & 27, T7S R89W of the 6th P.M.; approximately seven (7) miles south of Glenwood Springs, off of CR 117. SITE DATA: 140.62 Acres WATER: Spring 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 Low Density Residential District (10 and greater 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 seven (7) miles south of Glenwood Springs, on the west side of CR 117. The proposed two (2) acre tract has CR 117 along the east side of the proposed lot and an existing house with various accessory structures. The larger lot is predominately hillside and meadows. (See location map pg. " ' ) • • B. Project Description: The parent tract of land to be subdivided consists of 140.62 acres, and the proposal calls for creating a total of two (2) parcels of 2.0 and 138.62 acres. (See proposed map pg.' 7- ) The smaller parcel will use an existing spring and utilize individual sewage disposal system. The remaining parcel will utilize an existing exempt well and ISDS for domestic purposes. Access will be directly off of CR 117 for the smaller parcel and the larger parcel will access through the smaller parcel via an easement. 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 1949 and there have been two previous splits by exemption, therefore the application qualifies 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 CR 117. The access easement for the larger parcel will have to be at least 25' in width, meeting the minimum frontage on a public road required by the regulations. The access easement will have to be legally described on the exemption plat required prior to fmalizing the exemption. D. Water and Sewer: The applicant is proposing the use of an existing spring located on the larger lot , that provides domestic water to the existing house on the smaller lot. The Arbaney Spring was adjudicated for 0.13 cfs in 1958.. See court decree attached on page - 8- . An maintenance and access easement will have to be legally described on the exemption plat. The easement will have to be a minimum of 10 ft. wide along the water line and 20 ft. square around the spring. The applicant has not submitted information regarding the quantity of water from the spring, other than the adjudicated amount The remaining tract is over 35 acres and has an existing exempt domestic well. Prior to the approval of an exemption plat, the applicant will need to demonstrate that the spring can meet the following criteria: • • 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) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. 7) If the spring is to be shared, a water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the spring. E. Sewer: The existing house has an Individual Sewage Disposal System that is functioning presently. The remaining lot has adequate area for an ISDS. 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 the property is in the district and can be served. They reserve the right to comment on any future development proposals.(See letter pg. - 9- ) I. Easements. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. J. School Impact Fees The applicant will be required to pay the $200.00 school site aquisition fee for the newly created lot, prior to the approval of the final 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 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. %" C • 11A-Y4/1-/Y2/4(--e.Well 2. A Final E(mption Plat shall be submitted, indicating the legal description of the property, imension and area of the proposed lot, 25 ft. wide access to a public right- of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. The spring easement shall be a minimum of 10 ft. wide along the water line and 20 ft. square around the spring. 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 Site Acquisition Fees for the creation of the exemption parcel. 5. That the following plat note shall appear on the Final Exemption Plat: "Control of noxious weeds is the responsibility of the property owner." "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owners property boundaries. " "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances". "All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". y 6. Prio o the approval of an exemption plat, ' e applicant will demo trate that the spring wit eet the following: 1) T . . four (4) hour pump test be perfo qed 2) A well cs pletion report demonstrating t characteristi of the aquifer and the static w 3) The results of t : four (4) hour pump test indic rate in gallons per m • to and information showing recharge; A written opinion of the pe on conducting the well test well should be adequate to supp water to the number of prop on the well to b- used; depth of the well, he r level; 'ng the pumping awdown and t this ed 5) An . ssumption of an average or no ess than 3.5 people per dwelh ' : unit, using 100 gallons of water . - r person, per day; 6) The wat: quality be tested by an approved ting laboratory and 6). meet State uidelines concerning bacteria and m : tes. If the spring is to be shared, a water sharing agreement will be filed with the exemption plat that defines t ) rights o the propel�.y' owners to water from the sprin (.) / /J C p - 8Llq/ a' O sores ,r i o 9L, >09 \ � -'r _ Ccca ,, c &rife ' _rer.'" ;773— \-- 8. 7 ?0880 , 97, S 'SL 9SC - 0 Z99L < I/ 1 0 rCtOL \ C� 1 in__ h OLE 4i s /t / it 4.44 /03 E/', o iJ N --4 0 I a ‘i117/ AC 1J4..1 r) 8a,34 e.4,...1,� )17 e•/ IwJC1' se pl A`Lq /iCd .I' tit ,2 S, Fs 513/ • DI 4p ARBANEY SPRINGS Structure No. Priority No. , ,L The claimants, of said springs and structure are E14ERY E. ARBAN Y and BEULAI-I j1. ARBANEY,.. 2314 Bennett Avenue, Glenwood Springs, Colorado 31601. The source of supply of said structure and pipeline is saiu Arbaney Springs, triuutary to Four -Mile Creek, which in turn 4064P- 3 is tributary•to the Roaring .Fork River. The• intake or headgate of said pipeline is situate at or in`said Arbaney Springs, at a point whence the Southeast Corner of Section 27, Township 7 South, Range 89 West of the 6th P. H. bears S. 43° 31' E. .1058.91 feet (in Garfield County, Colorado). The purposes for which the water diverted through said pipeline.and springs is•to be used are domestic and other bene- _, ficial purposes. The appropriation date hereby. awarded said structure is the 1st day of August, 1958, with,priority date for administrative purposes of the 1st -day of August, 1958. Said appropriation was made by original construction. Said. structure is entitled to Structure No, 4 with administrative Priority No. ' , for 0.13 cubic foot of water per second of tirne'. WHEREFORE IT IS ORDERED, ADJUDGED AND DECREED that there be allowed to flow into said pipeline, from said Arbaney Springs, for the use arid benefit of the,oarties lawfully entitled thereto, by virtue of original construction, administrative Priority No."/ ‘V for 0.13 cubic foot of water per second of time, with administrative priority right relating back to and dating from the 1st day of august, 1: e/Vj 9$9 �ov�fi Cis e. 5s�1 1-6-98 • • DEPARTMENT OF EMERGENCY SERVICES EMS • FIRE • RESCUE Mr. Mark Bean Garfield County Planning Dept. 109 8th Street Glenwood Springs, CO. 81601 Dear Mark, GARFF€LL.. . This letter is in reference to the property exemption proposal submitted by Mr. Bucky Arbany. The property located at 8611 117 Road is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire and medical response will continue as it now does. As with all exemptions, the Fire District reserves the right to examine and review any future development to insure that possible fire code requirements are met. If you have any questions, please give me a call. Sincerely, Jack Jones Fire Marshal, Glenwood Springs Emergency Services cc: File 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (970) 945-2575 • Fax (970) 945-2597 --/ t'