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Home My WebLink About2.0 Staff ReportREQUEST: APPLICANT: LOCATION: SITE DATA: WATER: • BOCC 8/12/91 PROJECT INFORMATION AND STAFF COMMENTS Exemption from the Definition of Subdivision Walter Huber A parcel of land situated in the NE 1/4 NW 1/4 and SE 1/4 NW 1/4, Section 25, Township 5 South, Range 91 West, approximately one mile north of New Castle, off County Road 245. The site consists of a 19.34 acre parcel. One shared well and one individual domestic well. SEWER: Individual Sewage Disposal System. ACCESS: Existing private drive and access easement. EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District F, river/floodplain severe environmental constraints, and the New Castle Urban Area of Influence, as designated on the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. SiteDescri tion: The site is fairly level and lies between County Road 245 and East Elk Creek. Improvements on the site include one single-family residence and a barn. Land uses on the site and in the vicinity are primarily single-family residential and agriculture/ranching. B. Project Description: The applicant proposes to divide the 19.34 acre tract into two (2) parcels, approximately 6.5 acres and 12.5 acres in size (see enclosed map • • III. MAJOR ISSUES AND CONCERNS 1. East Elk Creek forms the western boundary of the subject property, portions of which are located in the 100 year Floodplain, as designated on SCS mapping. Only a small portion of the property, roughly 10%, is located within the regulated floodplain. Floodplain boundaries should be included on the exemption plat. 2. Soils information indicates that there may be severe limitations for conventional wastewater systems. The necessity for engineered wastewater systems seems likely. 3. There are currently, two (2) existing driveways on the property accessing C.R. 245. One driveway at the extreme north edge of the property serves the existing residence and a home on an adjacent parcel. The second driveway, located approximately at the mid -point of the property, is an access easement servicing a residence on an adjacent parcel to the south. 4. The existing residence shares a domestic well with a residence on the adjacent parcel to the north. The proposed new parcel would be serviced by a well, which is located at the northeast corner of the 12.5 acre parcel. This permitted "household" well produces approximately 35 gallons per minute. 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 APPROVAL, subject to the following conditions: 1. That the following plat notes be included on the recorded Exemption Plat: a) No further divisions by exemption from the definition of subdivision will be allowed. b) Each lot may be subject to engineered foundations and sentic systems_ • • 4. 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. 5. A plat shall be presented to the Board of County Commissioners for signature, and all conditions of approval satisfied, within 120 days ofconditional approval. Extensions of 180 days may be granted by the Board of County Commissioners. 6. The well sharing agreement shall be recorded and referenced on the exemption plat to protect future lot buyers. In addition, a waterline easement shall be identified on the plat. 7. The 100 year floodplain shall be depicted on the exemption plat. ,4, r add "‘k w i qtre, rAi s N 554,.11'19 E. a 79., - \ 8.27:36:W 54.19 -. N 33°4827W".. 208.68 _--- N 10'1522E 222 73 N 34 '48'38" w 7746 - • ! c r l.. -,,,c, Ott r.! \ \ • Al E 4 Iv ' CSEC. �5) PARCEL B 6.57 AC! P�(/ Q 0 �0 l �C Wr ,/ N. 79'1548 �' r /65 05 N 17'24 50 11' 50 85' ,.'`;Er 251 , �- tv )h n the e,.__. �f.\ N 52'22'14 VI' /7/.59 - SEC 25 ,c "-X \ a 41:07'5042 A t 6 22 „779 co • 4/ 5'08 S/J ! Cr ,S' 1 /o" olrCHejm k, °og ,- �nO0l $0 . f r0 / �✓�1. 0'2.' 20' .' I. DK 5/O r9 ' N3.?'.t5Jolt // =.7/ J' 9706 45% '1.092 A ' 7/.26 — I IA, ' /8'20 J2 R,' 691.539 c 'S20'2307E tV fi' 220.e4 O ) \i PF; C E L A J 2_ 77 AC! N1/'1135(>W• 124 J 86' 4 //'3000\ A' 9 90. PAI 1 A = 'ST. 75* ze'3d00'( 30n,m 1\1 30 • ACC E: ; DITCI!4 INdGE EJ AI (;EE NOTE'- 5' 0 i rcH 6:364 4,36.05 ) n• 24'38 m,` /' 32 d.97g A /J87> n e C f O ( '.1 (J) 1 e • 12115 349 ,99' c g k.1 3 S'47 5r) ,•c 076,19. 2,? Uritiry h) 4t '1 I (i) <11 MI5 111,01'.' PO. , A'8InVI - I C4 c01-? sec REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: BOCC 02/08/88 PROJECT INFORMATION AND STAFF COMMENTS Exemption from the Definition of Subdivision Walter Huber A parcel of land situated in the NE 1/4 NW 1/4 and SE 1/4 NW 1/4, Section 25, T5S, R91W, approximately one mile north of New Castle, off County Road 245 The site consists of a 19.34 acre parcel One shared well and one individual domestic well Individual Sewage Disposal Systems Existing private drive and access easement EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District F, river/flood plain severe environmental constraints, and the New Castle Urban Area of Influence, as designated on the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is fairly level and lies between County Road 245 and East Elk Creek. Improvements on the site include one single-family residence and a barn. Land uses on the site and in the vicinity are primarily single-family residential and agriculture/ranching. B. Project Description: The applicant proposes to divide the 19.34 acre tract into two parcels, approximately 9 acres and 10 acres in size. C. History: The 19.34 acre tract was originally 1 of 4 parcels created by exemption granted to Sidney Miller in 1978 (Res. 2. Soil Conservation Service information indicates severe limitations for dwellings and septic systems due to shrink -swell and low strength soils, flooding potential, and slow permeability. 3. East Elk Creek forms the western boundary for the site, portions of which are located in the 100 Year Flood Plain, as designated on FEMA Flood Plain mapping. 4. The creation of 8 parcels, including Mr. Huber's property, out of the original Sidney Miller property as it existed in 1973, exceeds the 4 splits allowed by exemption, in accordance with the Garfield County Subdivision Regulations. 5. The applicant is proposing to split the property along a drainage ditch which runs through the property. Section 8.52 of the Garfield County Subdivision Regulations establishes the limits on the number of lots to be created by exemption, but does allow for additional lot splits based on a "natural feature, preventing joint use of the proposed tracts." (See Page f ) 6. The applicant has represented that the drainage ditch is for overflow from the New Castle Water System. Previous exemptions granted under this provision have involved more significant natural features, including streams, steep slopes, and large drainage gulches. 7. The applicant has submitted copies of one well permit and verbally represented that he has shared rights to an adjoining well. Verification of these additional water rights should be submitted. IV. SUGGESTED FINDINGS 1. The 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 APPROVAL, subject to the determination by the Board of County Commissioners that the proposed lot qualifies for exemption based on Section 8.52 of the Subdivision Regulations, division by a c) Portions of the site are subject to 100 Year Flood Plains. Any structures or improvements on the site are required to comply with the Garfield County Flood Plain Regulations. 2. That access easements be included on the plat, providing access for both parcels, or additional driveway access permits be obtained from the County Road and Bridge Department. 3. That verification of additional water rights to serve a second lot with domestic water be submitted. Should easements be necessary or already in existence for access and maintenance of a shared well, they shall be included on the plat. 4. That the proposed division shall occur along the natural feature, in accordance with Section 8.52 of the Garfield County Subdivision Regulations. 5. That School Impact fees, in the amount of $200 per lot, be paid for the creation of one new lot. 6. 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. , // LANDFILL FEES/STATE OF COLORADO HIGHWAY DEPARTMENT Z King discussed the request from the maintenance crew on the highway between /3 Rifle and Craig to have the landfill fees waived for them. The Board denied ' 4 the request because they have not allowed any other entity to have fees waived. 5 PUBLIC HEARING - SPECIAL USE PERMIT FOR A NATURAL GAS WELL LOCATED 6 APPROXIMATELY 9 MILES NORTH OF THE MESA/GARFIELD COUNTY LINE, OFF COUNTY ROAD 7 201; APPLICANT, FUEL RESOURCES DEVELOPMENT COMPANY. 8 Sworn in was Attorney Chuck Stoddard, representing the applicant, and County 9 Planner Glenn Hartmann. Don stated the public notices appeared to be adequate 10 but Mr. Stoddard was not aware of how the adjacent property owners were 11 established. After discussion, the Board was willing to take judicial notice 12 that it was done appropriately as Fuel Resources Development Couuany has done 13 previously in their permit applications. 14 Glenn presented the exhibits as follows: Exhibit A) Proof of publication, B) 15 Mail receipts, C) Application, D) Staff report and attachments. Exhibit "A" 16 through "D" were admitted into the record and Glenn reviewed the Staff Report. 17 There being no one in the audience to comment, Commissioner Schmueser made a 18 motion that the Public Hearing be closed. Commissioner Smith seconded the 19 motion; carried. 20 Commissioner Schmueser made a motion that the Special Use Permit for a natural 21 approved with 2 gas well for Finetheestaffes Development cormients datedCouvany Februarye8, 1988. CommissionerSmith 22 as set forth i 23 seconded the motion; carried. 24 SPECIAL USE PERMIT PUBLIC NOTICE WAIVER discussed the 25 Chuck Stoddard, representing Fuel Resources Development Company, 26 possibility of dispensing with the public notice for the permit process. Mark 27 Bean, Director of Building, Planning and Sanitation, verified that there are 28 appropriate amendments under consideration to allow the dispensing of 29 . publication requirements for some Special Use Permits and that they would come 30 before the Board as a Public Hearing in the summer. • :db`, • 31 FUEL RESOURCES DEVELOPMENT COMPANY CONDITIONAL USE PERMIT, SPECIAL USE PERMIT 32 AND RESOLUTIONS 33 Commissioner Smith made a motion that the Chairman be authorized to sign a 34 Conditional Use Permit for a natural gas well (I -3-8-104-S) and Resolution No. 35 88-13 concerned with its approval and a Special Use Permit for a natural gas 36 well (A -107-104-S) along with Resolution No. 88-12 concerned with its approval 37 for Fuel Resources Development Company. Commissioner Schmueser seconded the 38 motion; carried. 39 WALTER HUBER SUBDIVISION EXEMPTION LOCATED APPROXIMATELY 1 MILE NORTH OF NEW 40 CASTLE, OFF COUNTY ROAD 245 - PUBLIC MEETING 41 Don DeFord stated the public notices appeared to be adequate and the Board 42 determined them to be adequate. County Planner Glenn Hartmann reviewed the 43 staff comments. After considerable discussion regarding the use of the 44 drainage ditch as a natural divider, Commissioner Schmueser made a motion that 45 the Board approve the subdivision exemption with the conditions as set forth in 46 the staff report and under the condition that the split be along theditch line 47 according to a survey to be done and that it is found that the ditch is-a—c 48 drainage-ditch-and--net--an—irrigation, ditch. .Commissioner Smith seconded the 49 motion; carried. /n -cul, .6.e ivLe___, 50 Commissioner Schmueser made a motion that the Board go into Executive Session 51 to discuss pending litigation. Commissioner Smith seconded the motion; 52 carried. 53 Commissioner Schmueser made a moY onftCnnntveCo�missioners. Commissioner Smith I! 1 February 8, 1988 .asp jj 2 The regular meeting of the Board of County Commissioners began at 9:00 a.m. on 3 Monday, February 8, 1988 with Chairman Bob Richardson and Commissioners Marian 4 I. Smith and Larry Schmueser present. Also present were Administrator Chuck 5 Deschenes, Attorney Don DeFord and Clerk & Recorder Mildred Alsdorf. 6 COUNTY ROAD 472 RIGHT TO MAINTAIN 7 Larry Gerbaz, 0360 Willow Lane, Carbondale, requested guidance from the Board 8 on how he can obtain the right to maintain the road to his property. The road 9 right-of-way was abandoned by the subdivider and the deeds in the area only 10 permit right of ingress and egress which is not enough to have the right to 11 maintain the easement. After discussion, the Board directed Don DeFord to 12 check on the right-of-way and what the Board's responsibility is in this. 13 matter. 14 RIFLE ANNEXATION 15 Gil Lae0368 Ponderosa, Glenwood Springs, Con Sy Corp.; County Surveyor Bob 16 Scarrow and Patty Yost, mapper from the Assessor's office, discussed the 17 vacation procedure necessary to allow annexation of a portion of County Road 18 319 to the City of Rifle. Don was directed to look into the procedure for this 19 vacation. 20 MOTOR POOL REPORT 21 Emmett Smith presented his semiannual motor pool report. He also presented a 22 report from the time the motor pool started. 23 AMBULANCE TRIP REPORT FORMS 24 Fred Perkes and Randy Eis, Emergency Management Services, requested funds to 25 purchase the forms necessary for trip reporting of the ambulances in the 26 county. Commissioner Schmueser made a motion that the Board approve the 27 purchase of 5,000 trip report forms for $646.20 for the Emergency Management 28 Services. Commissioner Smith seconded the motion; carried. 29 TEENY JUENG-NIGHTINGALE AWARD NOMINATION 30 Fred Perkes discussed the Valley View Hospital's nomination of the late Teeny 31 Jueng for the 3rd annual Nightingale Award for excellence in human caring and 32 requested support for this nomination from the Board. The Board agreed to 33 support Valley View Hospital in this nomination and a letter of support will be 34 sent. 35 EMERGENCY PREPAREDNESS REPORT 36 Kay Piper, Emergency Preparedness Coordinator, presented the Board with copies 37 of the Hazardous Substance Annex to the county plan which needs Board approval 38 to comply with Title III. The Board will review and discuss this at the March 39 8, 1988 meeting. She stated that the ambulance for New Castle had been 40 inspected and found to be in compliance with all the standard requirements. 41 However, as of October 1, 1988, unless three of their EMTs receive refresher 42 courses, the staff requirements will not be in compliance to the standards. 43 Patty Blakey, New Castle Ambulance Board member, was present and stated that 44 these three persons were now enrolled in a refresher course to comply with that 45 standard. Commissioner Smith made a motion that the Chairman be authorized to 46 sign the New Castle Ambulance License and Permit effective February 8, 1988. 47 Commissioner Schmueser seconded the motion; carried. 48 BUILDING, PLANNING AND SANITATION REPORT 49 Mark Bean, Director of Building, Planning and Sanitation, gave his department's 50 monthly report. 51 RANCH AT ROARING FORK AMENDED PLAT ON LOT 8 & 9. 52 After discussion with Mark Bean reaardina an amended n1at. Cnmmissinner Smith