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HomeMy WebLinkAbout2.0 Staff Report BOCC 2.13.96BOCC 2/13/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTTNG/ADJACENT ZONCNG: An exemption from the definition of subdivi sion. Carter Jackson A tract of land located in a portion of Sections 26, 27, 34 & 35, T6S R89W of the 6th PM; located approximately two (2) miles south of Glenwood Springs, off of State Highway 82. 313 .9 acres Individual wells, City of Glenwood Springs ISDS, City of Glenwood Springs State Hwy. 82 A/R/RD , C/L, City of Glenwood Springs I_ RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in Medium Density Residential District (6-9 ac./du), as designated on the Garfield County Comprehensive Plan, Study Area I, Glenwood Springs and Cattle Creek Area Proposed Land Use Districts M a ps. II _ DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located south of Glenwood Springs, on both sides of Highway 82 . The portion of the land between the highway and the Roaring Fork river is an active farm, with portions of the property in crop production and pastures. The area on the east side of the highway is predominantly hillside, with sagebrush and wbeatgrnss in the lower areas and pinon/juniper vegetation on the steeper slopes. The applicants have their house on the smaller of the proposed parcels and a ranch hand Ii~ in a dwelling on the 11.248 acre parcel. A vicinity map is shown on page• .:) _. . B. Project Description: The applicant is proposing split the 313.91 acre parcel into four (4) parcels of approximately 297.69, 11 .248, 5.618 and 2.17 acres in siz.e . A site plan submitted with the application is enclosed . (see pg'S-. h--) The 2.17 (Parcel 2) acre parcel will be retained by the applicant for their residence. The 11.248 acre parcel (Parcel 3) is proposed to be split off from the main tract and then a 3.65 acres of it will be merged with the adjoining property owned by Holy Cross Electric to allow for expansion of the facilities. The merger will only occur if the parcel to be merged can be rezon e d to a commercial zone. The 5.618 acre parcel (Parcel 1) is being created for purchase by Holy Cross as a site for storage and possible employee housing. III. MAJOR ISSUES AN-D 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 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; Documentation submitted with the application shows that the tract in question was recorded in the records of the Clerk and Recorders Office in three separate warranty deeds recorded in Book 285 a t Page 238, Book 286 at 126 and Book 388 at Page 548. All three deeds precede the January 1973 date. No separate parcels have been created since that time. Additionally, Parcel 1 is on a tract of land that is physically separate from the other property by State Hwy. 82 right- of-way. The County Allorney has always opined that property separated by a fee title ROW, are legally separate tracts already. The applicant meets the previously noted crite1ia to qualify for an exemption request. B. Zoning. All of the exemption parcels a r e consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. The proposed zone district change to allow Holy Cross to expand will have to be a separate action and for the purposes of this application, staff is dealing with this application as if all parcels are zoned A/R/RD. C. Legal Access The two parcels on the west side of the highway have direct access off of the highway. The parcel east of the highway, will be accessible from the frontage road. D. Water and Sewer. The applicant will use an ex1stmg well for the source of water for the proposed new lot with the applicant's house . The other parcel has an employee house on it that is served by an existing well and if necessary can be served by the City of Glenwood Springs. The parcel on the east side of highway can also be served by the City of Glenwood Springs. (See letter Pl 'l•) There is also a letter from Resource Engineering stating that the parcel would be eligible for the purchase of augmentation water from the Basalt Water Conservancy District for a well.(See letter pgs.1.f .. ~ .. J There is no contract or permit application included in the appl ication. If the Board does not accept the City of Glenwood Springs as a source of water for the parcel, it will be necessary for the applicant to obtain a well permit to prove the legal source of water for Parcel 1. The Board is now requiring applicant's to demonstrate that there is a physical source of water, as well as a legal right to it. Prior to making a decis ion, the applicants need to meet the following criteria for demonstrating the quality, quantity and dependability of the well proposed for the new Jot:: I) A welJ be drilled and a 24 hour pump test shall be performed; 2) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the 24 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; 4) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; 5) An assumption of an average of 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. Sewer is provided by IS DS to the existing residences . Parcel 1 and 3 can be served by the City sewer system, but it will require a bore under the highway to get to Parcel 1. For the purposes of this application, staff would suggest that the County Commissioners consider this a single family lot, with ISDS. Soils on the site are considered to have moderate constraints for conventional septic tanks and leach fields due to slopes and large stones. Properly located, it should not be a problem finding a site for an ISDS. E. Building Constraints: The soils information submitted with the application indicates that buildings could have moderate limitations due to slopes. G . Fire Protection. The application includes a letter from the Glenwood Springs Department of Emergency Services t~t indicated that the properties in question are within their jurisdiction. (See pg:'°~) The letter indicates that properties will be subject to the Uniform Fire Code requirements, which will result in the need for fire flows for Jots with more than one dweJling on each lot. H. Easements. Any required easements (drainage, access, utilities, etc .. ) will be required to be shown with legal descriptions on the exemption plat. I. School Impact Fees The applicant will be required to pay a $200.00 school impact fee prior to the approval of the final plat for the new lot not having a residence on it. IV_ SUGGESTED FINDINGS I. 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, convenjence, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Staff can recommend approval of the proposed splits, subject to the foJJowing 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, unless approved otherwise by the Board. 2 . A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, 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 each new exemption parcel. 5. That the applicant apply for and receive the necessary water taps from the City of Glenwood Springs and provide fo r the infrastructure necessary to provide sufficient water to the exemption parcels. Prior to the approval of an exemption plat, the applicant must demonstrate that all water taps have been obtruned and any required infrastructure has been inst alled to the satisfaction of the City. 6 . Control of noxious weeds is the respons ibility of the property owner. EXHIBIT B I I SOt5 'L'S'.37"w 100.00' s 1 s ·o9·1s "w 249 00' S08'49 '41 "W .369.53' I I ' r ' ' I I I ' I I I I ' ' I I ,,_ I(/) I~ I I I I I I J '°'-.-'l....' ·-.._1 I , 11 \ APPROX. I I 2 48 ACRES ' ' N07'54'28"W 725 89' \ ' ' \ ', \ ~N69'59'37"E \ .382.99' \ ', APPROX. \ 5.618 ACRES \ 0 \ \ PROPOSED EXEMPTION S MAP \ \ \ \ Af-=>PROX. 170 ACRES SCALE 1" == 200 ' JA CKSO N PROPERTY APPROX. 143 ACRES S81"23'48"W 18.34 ·1 · S82"56'.30"W \ ·\ 190.16' S80"40'07"W "' 29445 ' ~ PO B. ~ \ ' ' S85' 18'57"W 177.75' S 2 2· 2 9 ' 4 7" E .362.24' N82'56'58" E \ ·20 ~2 · \ \ \ APPROX. 2.1 7 ACRES \ N20'1 2 '42"W\ 228 88' ' N58'.36'.3.3"E \ &..,,. --2742 1' ... EXHIBIT II A II \ \ \ \ \ ', Nl 5 '48'W \ 25 .2 0' 'N81 '2.3 '21''E 186.92' \ \ EXIITl3I'l' f'-2 :·:(]:,' -.. ' 7 /!--------:_-_ ....... -~ -~·-·-----·-·-- ~/ rr / I I i I I I I! j i I I ii l l i j :r ; I ·1 i i ': i i I . I Novcrn l >er 6, I 99:i I l ()l y ( 'r uss Lk c tr1 c 1\-;soci;1!i1l11 _l /')')I li g l1 w<1y 82 (jlc11woud S pri11 gs, ( '() 8160 I Tile C ity o f' Glenwood S pri11 gs 1s prcp;1red 10 s 11ppl y w;1tc1 · <11 1d wa s 1ew;1t e r se rvi ce ro your expa n s i o n prnpe rr y purs u;1J1t t o tl1 c Will e r li11 c <111d sewt:r li11t: cx t e n sio 11 <1grcements exec ut ed by th e C it y, 1-l o l y C r oss E l ec tri c Assoc i<1ti o 11 ;1 1lll f'vlr. Ku rt 'Nigge r in 199] ;11HI 199 '/. Th e pro p e rti es de sc rib ed lie imn1 edi a l e l y so uth or tl1e exi s tin g o per;iti o n s ce nl e r fo r I fo ly Cross, and to the easr, aernss I li g ltwa y 82 f'r o 111 til e so 11il1 c rl y ex p;u1 s i o 11 p<11 ·cc l_ The se l ;111d s are in c lud ed in th e r eft111cl nrea p r ovide d l c>r i11 1l1 e ex t e n s i o n ;1grccml:111 s . T/1 c exp;i 11 s i o n p ;1r ccls wi ll r (;(p1ire ;1 11 11111e11d1ne11t to th e l eg:il tl escr ipt1 0 11 o f'tl1 e cx i s ti11 g prc -;11111cx:iti u 11 ;i grce 11 1c11 t pri o r tu Ili c ;1c 1u ;il (;Xtensio 11 o f'suv i ces_ Thi s s li u t1ld prcst:11 l 11 0 prnl >IL:111 s 11 · yo 11 liil ve n 11 y qt1 es ti o 11 s or cu 11cc111 s 1cga rcl111g tili s i ss 11c, pl c;1sc co1 11 ;1c t 11 s. Ve r y tnil y yo urs, -) ' -( k (I l~~"-')~1 ,U () C•!. l c..-- IZubi 11 Ivl i ll yan l l't1bli c W n 1 k s Direc t o r :! x c f'vlik e Co pp L1rry Th u 111p so 11 Bt1ddy l3urn s ii i ! I ' I I 1- 306 COO PER 1\VENUE G LENW OOD S PIUNC.S, C OLOI<1\DO 8 160 1 9 7 0 /9 -1-l -2'\7-) F1\Y: l)./'\-2'>97 RESOURCE b:W•••• ••••• ••••• ••••• ••••• E N G N E E R Garfield County Comm i ssioners Garfield County Cou rth ouse 109 8th Street Glenwood Springs CO 81601 N G N RE : H o ly Cross El ec tri c/Pa r ce l 1 Jackson Prope rty Dear Commissioners: c EX HIB IT F-3 November 7,.1995 At the request of J ohn Kemp act ing on behalf of H o ly Cross Electric, R eso urce Engineering , In c . investigated th e potential for developing an on -s it e well as a reliable physical and l ega l water surply t o serve Parcel 1 o f the J ackson Property (se e attached m ap ). Followino are o ur co n c lu s i o n s b ased o n th e inv estioa ti on. LEGAL WATER SUPPLY Parcel 1 li es w ithin th e boun da ries o f the Bas a l t W ate r Conservanc y District (BW CD ). Further, it is in Area A o f the BWCD w hi c h i s in c luded in the Subst itut e W ate r Supply Plan approved by the Sta t e Engineer. It i s ou r opin i on t hat Holy Cross El ectr ic cou ld obtain a water service contrac t wi t h th e District to prov ide the leg a l basis for a water supply to serve eight r es id ent ial units (emp l oyee h o u sing ) o r any ot h e r r easo n ab le domestic, commercial or indu st ri a l use. PHYSICAL WATER SUPPLY Parcel 1 is l ocated eas t o f Highway 82 approximate ly 1,200 feet from th e Roaring Fork River. It i s abou t 1 /2 miles downstream from two te st wells drilled and pump tested for th e City of G l enwood Springs in 1987 . Both wells were completed in a lluvial deposits below Maroon Formation Co lluviu m at depths of approxima t ely 150 feet. Both wells were v e ry good producers. Wri g ht W at er En gin ee r s (WW E) conc lu ded that the t est wells were l oca ted in an old riv er c h annel o f th e Roaring Fo rk Rive r and stated that a municipal well fi e ld could be developed in this area. Based on the WWE report It i s o u r opi ni on that a domestic well can be developed on Parcel 1 at a depth o f 100 to 1 50 f ee t. N o guarantee can be impli ed however, and we r ecomme nd th at a test h o l e be drill ed. In summary, w e be li eve that there is a high probabi l ity that an adequate lega l and physical water supply can be developed from a well on Parc e l 1 o f t h e J ackson property, located in Se ct ion 26, Township 6 Sou t h, R a ng e 89 W es t , 6th P.M., Garfield Count y, Colorado. R e spectfully subm itt ed: ne, Water Resour ce Engineer PSB/mmm 5 7 7 -1 . 0 i"'°'Y 5 n Co n s u l c i ng Eng i n eers a n d H yd r•o l og i s t:s 8 08 Co l o r~ado A v e nu e • G l envvood S pri n gs , CO 8 1 60'1 • [870) 8 <'.'.15 -6777 11 Fax (970) 8<'.'.15-'l 'I 37 • EX ll IBJ 'l' F-4 .DEPARTJVIENT OF EMERGENCY SERVICES Nov embe r 22, 1995 Mr. Mark Bea n GARCO Planning Dcpa1·tmc11t l 09 8 th S tr ee t EMS · FWE · HE .SClJE G l e nwoo d Sprin gs, Co lorado 8160 l Dear Mark , * Jn r e fer e n ce to th e Exemp ti o n parce ls l , 2 and 3 owned by Carter Ja c kso n a nd s h own on the attach e d Exemption M ap (red uce d copy), be advi se d that a ll three parcels are within th e boundaries of the G lenwoo d S prin gs Rural f ire Protection Di s tri c t, a nd fir e and EMS r esponse will continue as it now d oes. The p ro pe rty owne rs s h o uld be awa re th a t i f deve lopmen t occurs , requirements of th e Uniform Fire Code ma y n ee d to be addressed. If yo u hav e a n y ques tions o r n ee d furth e r informa ti o n , pl e a se give m e a ca ll. /S i}1 ce rd , )If;; , ? t -~-z----- J ack Jon es, Ass is ta nt Fire C lii d Glenwood S prings D e partm e nt o r Em e rge ncy Se rvi c e s cc: John L:Kerhp ; Atty ., H o ly Cto ss Elec tri c Fil e 806 Coo p er Avc11t1e • G le nwood S prin gs , Co lorado 81601 · (3 0 3) 945-2575 • FAX (303) 945 -25 97