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Home My WebLink About2.0 Staff Report BOCC 04.11.94LrA ilR- E.r+ts 5K e* C lf.ir-ctq ,?rwt_. fto*t E, Pg,tTry- l+trryeg 4nlt94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: trIATER: SEWER: ACCESS: i EXISTING ZONING: ADJACENT ZONING: Subdivision Exemption Peter Matthies A parcel of land located in a portion of Section 34, T5S, R90W of the 6th PM; located on the south side of County Road 335, adjacent to Riverbend Subdivision, east of New Castle. 40.56 Well I.S.D.S. Access Easement from Storm King Road A/R/RD A/R/RD REI ATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District C - Rural Areas Minor Environmental Constraints as shown on the Garl-reld County Comprehensive Plan Management Districts Map. U. DESCRTPTTON OF THF PROPOSAL I . Section 8: l0 (Applicability-Exemptions) states that the Board has discretionary authority to except a division of land lrom the definition of subdivision. A. Site Descrintion: The parcel is located up adjacent to Riverbend Subdivision (ftling Number 2), east of the Town of New Castle. The property is currently occupied by a single-family dwelling unit. The site consists of irrigated pasture land, and slopes strongly down to the north-northwest at approximately l0-15 percent. A vicinity map is shown on page'l) '. C. Request: The applicants are requesting an exemption to divide the 40.56 acre tract into two (2) parcels of approxim ately 37 .!7 and 3.39 acres in size. A sketch plan of the exemption is shown on pug"'J{J. UI. MAJOR ISSUES ANN CONCERNS - l0' Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The Board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, hre protection, adequate easements and school impact fees. F-emntion Criteria. Section 8:10, states that the Board may approve a total of four (4) lots parcels, interests or dwelling units, as that parcel was described in the records of the Garheld County Clerk and Recorder's offrce on January l, 1973. The property was originally part of a ranch that encompassed over one thousand (1000) acres. From 1977 to l979,the property was divided into three separate subdivisions - Riverbend Subdivision Filing l, Riverbend Subdivision Filing 2, and the Riverbend Ranchettes. In addition a lot was created for the Riverbend wastewater treatment plant, and a lot for the Garfield County School District RE-2. The County has always taken the legal position that lots created through full subdivision do not count against the number of lots eligible through the exemption process. Furthermore, properties created by either a special district orapublic entity (treatment plant and school site) also arenotconsidered bythe County as counting against exemption lots. Based on this interpretation, up to four (4) additional lots can be created through the exemption process. Water and Sewer. The applicant has anexisting well on the property, however no evidence was submitted regarding any dwelling unit limitation on the well permit. No response has been received from the State Engineer's Office. Staff suggests that a favorable recommendation from the State be a condition of approval. Sewage disposal will be handled by ISDS. SCS classifies the predominant soil type on the site as the Held series. SCS classifies this soil type having severe constraints for ISDS, due to slope and slow percolation rates. Staffsuggests that the following plat note be included on the plat: f-"Soit conditions on the site MAY require engineered ISDS systems. If I necessary, the Building Inspector may require engineered stamped plans based I on percolation tests."t_ Natural Hazards. The Lincoln-Devore mapping does not define the site within any identified natural hazards. IV. SUGGEST|TN FINNTNGS Theproposal isin general compliance with theGarfield County Comprehensive Plan and the Garheld County Zorrrrrg Regulations. The proposed land use would be consistent and compatible with the existing surrounding land uses. 4. 1. 2. -// - 3. The proposal is in best interest of the health, salety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. v.RECOMMFNDATION l. 2. 3. 4. 5. 6. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (l) year. The applicant shall submit $200 in School Impact Fees, prior to the signing of an exernption plat. A final exernption plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access and utilities. Control of noxious weeds is the responsibility of the property owner. A favorable response from the State Engineer's Offrce shall be received by the Planning Department prior to the signing of a final Exemption Plat. fu-r 51,* * 6wrorr4 I ) 5. 1, A c-a.,*.^;, -E I t(fi or tVl,l u";fll. ll'lp+,- ,-,.\.. ' ,.,',, - v-'-L ! / L.""^ -rLr€ /*fuo,/r.,ttfc etGt t' ;'T; ';J i ."' De fz*Ft *pu'{r*;*vras;E> fu.rcn rolrte l/ 6 Vl=.r,r_- 6Hr |r r r*,ri, )r- '3'"o ALrl'r.* ' , l;,lr*.i,,,1 *^;, :':' ;,i::ri!:rl :,,J "'i;!,' lr"0fr i "l') !1 .,, . , 0,.'" '." 'ot r\q u.,Arg.g.,4 ''4i',i;tD I ,t..9 -/z o \ \\ tr.. ,t\i*.r' c. 1..1,'G}@ #drq '_g g) i @ 1 . ,r. :,q ' ll. (D e9 :I.l -'it12 . aet {f, ?t ( llivcrbcnt,. ivision Filing. Noi.;.:, / \I\.' | *1.. q+ ll 'ri.i Amended Riverbcnd Subdivision Filitg No. 2 Lot 4 ?.ffi .;$ 9o\ o_ )l / \'irn 5e er S.J4 ,N t% ,v(b.u oe%(-*qs. 'o.r\,o \I li ,), fii6^ / t/\, /\ Sec. 6 a/ _J ^.'a:\tr, '.g,fr.ra*@>*i'f1 .rll Ltio'' ,.3q A,Cr B,a"/ ,9# h o${to letlq\. (r Ot :o$q tp I Ak 576 Pg 5j4 Bk 7,?7 P9 tJ9 Porcel C On( in in h ,6y ot l-"a. ?3,1;rrl7rr.,.d FAfCfu -. -, E$E.qfftsrl PrAffrcJ.3!. If -l(O sF9ftn I'lA}{ \q t-'--Tifrtr-l---------1;f------t)I-----71f-nl----.-El--_76l-T'r-'-----76l--Tsl----TTii t--ifrF-l------drr--cl L OFFICE OF THE STATE ENCINEER Division of Natural Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3s89 STA|E OF COLOIUDO April 11, 1994 Mr. Dave H. Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Matthies Exemption Section 34,T 5 S, R 90 W, and Sections 5 & 6,T 6 S, R 90 W, 6th P.M. , Water Divisign 5, Water District 45 Dear Dave: Thank you for the referral to split a 40.56 acre parcel into two parcels of 3.39 acres and 37.17 acres. The water supply for the two parcels is proposed to be provided by the Matthies Well No. 1. The proposed use of water on the two parcels appears to consist of ordinary household purposes inside two single family dwellings and a minor amount of lawn and garden irrigation. On April 6, lgg4,well permit no. 43378-F was issued for the Matthies Well No. 1, pursuant to the decree entered in Division 5 Water Court Case No. 93CW026. Case No. 93CW026 decreed the Matthies Well No. L as an alternate point of diversion for 25 acre-feet of annual consumptive use out of the 440 acre-feet of annual consumptive use awarded to the Vulcan Ditch in Case No. W-2127. Pursuant to the terms of Case No. 93CW026, the Matthies Well No. 1 may be used for municipal purposes (including commercial, industrial, domestic, irrigation incident thereto, and sewage treatment, including land disposal), irrigation, recreation, fish and wildlife propagation, and all other beneficial uses. The proposed well is to be shared between the two parcels. In order to assure that a permanent water supply will be available on an equitable basis to both parcels, we recommend the following: 1) The well should be located on an outlot ownecl in common by all property owners using the well. Access to the well and the right to establish and maintain a pipeline shall be provided by easements where necessary. 2) The well should be jointly owned by the lot owners. 3) Recorded covenants and/or other mechanisms should establish a lot owners association with powers to make decisions concerning management and operation of the well. A joint maintenance agreement is a required part of such an association. Roy Romer Covernor James S. Lochhead Executive Director Hal D. Simpson State Engineer Mr. Dave H. Michaelson April L1.,1994 Page 2 Information from the applicant indicates the well has been constructed, but our records indicate that neither a well construction report, nor a pump installation report has been submitted to this office yet. These forms are required to be submitted to the State Engineer within 60 days after the work has been completed. In addition to the well construction and pump installation reports, a Statement of Beneficial Use form must be submitted prior to the expiration date (April 6, L995) of the permit in order to maintain a valid well permit. Should you have further questions or comments regarding the water supply for this project, please contact this office at the above address. Sincerely, fon,,>A Jeff Deatherage Water Resources Engineer matthies.sub Orlyn Bell, Division Engineer Robert Klenda, Water Commissioner B. Peter & Debra E. l{atthies 0354 Storm King Road New Castle, CO 81647 April 7, 1994 Board Of County CommissionersGarfield County Re: Exemption from Subdivision A hearing is scheduled on the captioned subject on April 11 | 1994at 3:30 PI'I. Unfortunately, I will be out of town on that day. Mywife Debrar who is co-o$rner of the property and Mr. Dennis Stranger, consultant to us on the matter, will have authority to represent me at the scheduled hearing. Since re1yl ^/ Ar,4.r,u- E. Peter lvfatthies Form No. GWS,2.5 APPLICANT E PETER & DEBRA ELENA MATTHIES 29 GLEN EAGLE CT NEW CASTLE CO 81647 ( 303)e84-36ss PERMTT TO CONSTRUCT A WELL State Engineer Receipt No. 0022577 OFFICE OF THE STATtr ENGINEER COLOHADO DIVISIOI : WATER RESCURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 8C203 (3O3) 866-3s81 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF r\PPBOVAL i 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will oocur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The :;onstruction of this wellshall be in compliance with th() Water Well Construction and Pump lnstallation Rules 2 CCR 4OZ-2, unless approval of a variance has been gr.rnted by the State Board of Examiners of Water Well Construction and Pump lnstallation Contractors in accordimce with Rule 17. 3) The denial, file no. AD-13086, is reversed and the permit is approved pursuant to CRS 37-90-137(2) and the decree granted for Mafthies Well No. 1 in case no. 93CW026, Divis;ion 5 Water Court. The operation of this well is subiect to the terms and conditions of said decree. (Case no. 93(i;W026 decreed the Matthies Well No. 1 as an alternate point of diversion lor 25 acre-feet of annual consumptive use out of the 440 acre-feet of annual consumptive use awarded to the Vulcan Ditch in case no. W-2127). 4) Tlris welt is subject to administration by the Division Eng neer in accordance with applicable decrees, statutes, rules, and regulations. S) Approved for a change of use of permit no. 172090 (canceled). lssuance of this permit hereby cancels permit no. 172090. 6) The use of ground water from this well is limited to municipal (including commercial, industrial, domestic, irrigation incident thereto, and sewage treatment including land disprsal), irrigation, recreation, fish and wildlife propagation, and storage as decreed in case no. 93CW026. 7) The maximum pumping rate shall not exceed 256 GPM. 8) The annual amount of ground water to be withdrawn shall not exceed 50 acre-feet. 9) The return flow from the use of the well must be through an individual waste water disposal system of the non- evaporative type where the water is returned to the same stream system in which the well is located. 1O) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be constructed not more than 200 feet frotn the location specified on this permit, and more than 600 feet from any existing well.3'lo'1 APPROVED JD2 WELL PERMTT NI-'MBEFI o433?8 DIV. 5 CNTY 23 WD 45 DES. BASIN APPROVED WELL LOCATION GARFIELD COUNTY NW 114 SW 1/4 Section 34 Twp s S RANGE 90 V/ 6th P'M' DISTANCES FROM SECTION LINES 15OO Ft. from South Section Line 1300 Ft. from West Section Line DATETssuEDAPR 06 894 [*r,*r,o*DATEAPR 0 6 !995 F. MD Lot:Filing: A ,4 United States Department of the Intertflor BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 arrd24 P.O. Box 1009 Glenwood Springs, Colorado 81602 APriI 6, 1994 l'lr. !lark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenvood Springs, Colorado 81601 Dear I'lr, Bearr ; Thank you for the opportunity to reviet the Public Notice regarding a Subdivision Exemption for E, Peter llatthies near Riverbend Subdivision. After staff revier, it uas determined that this parcel is not adjacent to BLII- administered land, and consequently, we have no comments regarding the proposal, Sincerely, A/,,4r47k42o- I'tichael 5. I{ottice Area l'[anager IN REPLYREFERTO: 17859 t7 -8go) GARFTELD t O\JNTY SURWY2R'S uiFlCE Scnud Phctps etrfrcld CountY SurzcYor Htnty Cotttlhottsc ,09 Eghth St Glcnwood Sprlngs, COs 81601 (3oJ) e4s-elsE ocT. 74, 1994 GARFIELD COIINTY PLAI{NING DEPT, 1O9 BIGIITII STREET GLEIIuOOD .'PFIIVGS, CO, 81601 ATIN: lIR. IilARK BEAIil, DIRECTOR RE: COIINN SURWYOR RBVIEW OF TIIE ,IATTflIES BXBITIPIION PLAT. DBAR IITARK; I IIAW REVIEflED THB ABOW RBFERENCBD EXB'{PTION PUIT AND NOTE THE FOLLOJIING:1) THERE IS A LINE CAOSSIIYG LOT 1 FROIT STORI{ KING ROAD TO THE SOWil BOINDARY OF LO?2 THAT IS NOT DEFINED ON TflB PLAT, 2) THE DATES IN TIIE CERTIFICATES NBED TO BE REVISED M SIIOH 1994, 3) LINE I OF TIIE DBSCRIPTION FOR LOT 1 rS }'r$Sriy6 TIIE PAGB NLDIBBR OF TttE DOCttttBNT REFERENCED, SIIOULD YOU IIAW ANy QIIESTIONS, PLEASB GC: KEN NILSON, P,L,S, SCHMUESBR, GORDON, AS GARFIELD COTNTY SI]RWYOR r. . \ : I '\ I ;'.rC :