HomeMy WebLinkAbout2.0 BOCC Staff Report 08.12.1996BOCC 8/12/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Brenda Slappey
LOCATION: A tract of land located within Section 25, T5S,
R91W of the 6th P.M.; located approximately
two (2) miles north of New Castle at 2027
County Road 245.
SITE DATA: 12.1 Acres
WATER: Individual wells
SEWER: Individual Sewage Disposal Systems (ISDS)
ACCESS: Direct access to CR 245; easements
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract is located in District A - New Castle Urban Area of Influence and District
F - Floodplain/Severe Environmental Constraints, as designated by the Garfield County
Comprehensive Plan's Management Districts Map (1981, 1984).
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: This 12.1 acre tract is located approximately two (2) miles north
of New Castle, on the west side of County Road 245. East Elk Creek flows through
the tract, forming the western boundary. The tract slopes at very gentle angles down
from the county road to the Creek. There are two (2) existing, single family
homesites on the tract and a small gully is located on the southeastern portion of the
tract,providing drainage from the county road to the creek. See vicinity map, page
B. Adjacent Land Uses: The tract is located in a transitional area that has historically
been devoted to agriculture, but is rapidly transitioning to more intensive, residential
land uses.
C. Proposal: The applicants are proposing to subdivide, by exemption, the 12.1 acre
tract into two (2) single family parcels of 2.75 and 9.35 acres. See sketch map, page
D. Recent History of the Tract: In October, 1993, a Special Use Permit for a Guest
House was approved by Resolution 93-093 for the subject, 12.1 acre tract, allowing
the petitioner to use an existing cabin as the guest house and construct a larger
structure as the principal dwelling. See Resolution, pages 7 - 8 . This
exemption petition was filed prior to the recently adopted Subdivision Regulation
changes that rescinded the natural feature split criteria; therefore, this petition is being
considered under the earlier criteria.
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8:10 (Applicability) of the Garfield County
Subdivision regulations gives the Board "discretionary power to exempt a division of
land from the definition of subdivision and, thereby, from the procedure in these
Regulations, provided the Board determines that such exemption will not impair or
defeat the stated purpose of the Subdivision Regulations nor be detrimental to the
general welfare. The Board shall make exemption decisions in accordance with the
requirements of these regulations. Following a review of the individual facts of
each application, in light of the requirements of the regulations, the Board may
approve, conditionally approve or deny an exemption request."
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 Boardd,
not be considered to have been created by exemption with regard to the four (,) lot,
parcel, interest or dwelling unit limitation otherwise applicable:"
Because the applicants are requesting the subdivision exemption due to the natural
feature preventing joint use of the property, in the discretion of the Board, the parent
tract can be considered as exempt, with regard to the four (4) lot, parcel, interest or
dwelling unit limitation otherwise applicable. Staff has researched the history of the
tract, concluding that the tract in question is one of at least six (6) parcels created
from a 180 acre tract. Therefore, this request does not qualify for the "regular"
exemption. See Parcel information, page 01 .
Staff visited the site on August 1, 1996, to directly observe the natural feature in
question. The "feature" could best be described as a short draw or gully, estimated
to be, at its most pronounced adjacent to the county road, approximately six (6) feet
deep and 40 feet wide. Approximately 50 feet to the west, the short draw becomes
nothing more than a very shallow depression that, in staffs opinion, certainly does not
preclude joint use of the tract. In staffs opinion, this request is not consistent with
the specific provisions of Section 8:00 of the Subdivision Regulations, the approval
of which would defeat the Applicability portion of this Section, when it is dubious that
the feature precluding joint use actually exists.
B. Zoning: The subject tract is within the A/R/RD zone district and both proposed
parcels are in excess of the two (2) acre minimum lot size requirement.
C. Water Supply: The water supply for this proposal would be derived from two
different wells. When the SUP for the guest house was approved, the water supply
for the cabin was granted by Well Permit No. 146453 and a shared well agreement
with the neighbors to the south (Hubers), see Agreement and Permit, pages
10 - 12- . The principal dwelling is served by a household use only well, Permit
No. 170965, attached on page 13 . Apparently, if this request is approved, the
water supply would remain the same.
D. Sewer/Soils: Both existing structures are served by ISD systems, which were
installed at the time of construction of the units. If any further construction is
proposed, it should be noted that, according to the Soil Conservation Service, the
soils may be limited by the shrink -swell potential. Additionally, the SCS considers the
soils to be limited by slow permeability and suggests that community sewage disposal
systems will be needed if population increases.
E. Access: Access to the proposed lots would be via the existing driveways that serve
the individual dwellings. These driveways are established and staff contemplates no
special problems related to the individual accesses.
F. Fire Protection: The application included a letter from the Burning Mountains Fire
Protection District, indicatin the District does provide fire protection to the subject
tract. See letter, page
G. Easements: All required easements for access, utilities, water supply, etc.,would be
required to be shown on an exemption plat.
H. Potential Road Impact Fees: If or when the County adopts a road impact fee, the lots
created by this exemption will be subject to paying that fee; paid at time of building
permit application, paid by the building permit applicant. This provision shall be
included as a plat note.
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. C wi & jw E v G►'J7
or Ap/2ov 4L
3 That for the above stated and other reasons, the proposed exemption isn in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
Consistent with this analysis and the on-site investigation conducted August I, 1996, staff is
of the opinion that this request does not conform with either Section 8:10 (Applicability) or
Section 8:52 (A) of the Subdivision Regulations and recommends DENIAL of the
application.
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kEC 9 4534S8 MLLCRED ALSOJRF, COUNTY LLtKR
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Mondav , the 4th day of October A.D. 19 93 , there were
present:
Elmer (Buckey) Arbaney , Commissioner Chairman
Arnold L. Mackley , Commissioner
Marian I. Smith , Commissioner
Don DeFord , County Attorney
Mildred Alsdorf , Clerk of the Board
Chuck Deschenes , County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 93-093
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT
APPLICATION FOR BRENDA C. SLAPPEY.
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from Brenda C. Slappey to allow a guest house on the following described tracts of land:
St A t t ched
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Board held a public hearing on the 9th day of September 1993, upon the
question of whether the above-described Special Use Permit should be granted or denied, at which
hearing the public and interested persons were given the opportunity to express their opinions
regarding the issuance of said Special Use Permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
1. That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
2. That the hearing 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 hearing.
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BnUK0877;'LG; 857
3. That the application is in compliance with the Garfield County Zoning Resolution of
1978, as amended.
4. For the above stated and other reasons, the proposed use is in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Special Use Permit be and hereby is authorized permitting the use of the
above described tract of land for a guest house, upon the following specific conditions:
1. All proposals of the applicant shall be considered conditions of approval unless stated
otherwise by the Board of County Commissioners.
2. The applicant shall have 360 days from the date of the Resolution of Conditional
Approval to meet all conditions set forth in the Resolution. The Special Use Permit
shall be issued when all conditions are met and shall expire 360 days after issuance,
unless construction or use have commenced.
3. The length of stay of a guest shall be limited to thirty (30) days unless said guests are the
grandparents, parents, siblings or children of the occupants of the primary structure.
Prior to the issuance of a SUP, the well sharing agreement for the existing log cabin with
Walter Huber shall be submitted to the Planning Department for the file.
Dated this 4th day of October , A.D. 19 93
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
fleck
of the Board Chairman(
vote:
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Elmer (Buckev) Arbanev , Ave
Arnold L. Mackley Aye
Marian I. Smich Aye
C
I.
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•
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2125-252-00-025
PARCEL. NUMBER
5-91
40
2'tS-i
Sec. 25: E W, STAIN, SW NW, NESW
TO= 180 Ac.
GRANTEE
BOCK
PAGE
DATE
KIND OF
INSTRUMENT
REMARKS
150
453 59
P. I.7..0-707 e. (I C S,i>
07Z
2,7,2- 06 - 073
airs- 2. - Go - o 74
c Z - Q -
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ass- (5-3- oo - 677
/ iLLEZ .1c 450 32_C
RECORDED AT460 3
REC � Ott
0 -CLOCK .M. AA 7 1993
MILDRED ALSDORF, COUNTY CLERK
6z/-/-t-iet c..
R�nx 858 975
AGREEMENT
This agreement is made and entered into this 25th day of February, 1921 by and between
Russell J, Lehman whose address is 522 Gladiola Street, Golden, Colorado 80401,
hereinafter referred to as "first party," and Walter Huber, referred to as "second party,"
whose address is 1793 Road 245, New Castle, Colorado 81647.
This agreement replaces any and all existing agreements concerning the shared use by the
first and second parties of a domestic water well located on property owned by the first
party at 1795 County Road, New Castle, Colorado. Second party use is at 1793 County
Road 2qS.
Each party is entitled to one half of the water from the well and each is obligated to
provide one half of the costs and expenses of usage and maintenance thereof.
Power usage is measured by the household electric meter at the residence of second party
and the latter is reimbursed by the first party at a rate of $60 per year. Upon agreement
of both parties a separate meter may be installed to specifically measure the amount of
electricity used in connection with the well.
vox 858'�c;976
Page 2
The rights of each of the parties to use the water well shall be assignable only to
subsequent owners of the respective properties upon which the water is presently used.
In witness whereof the parties hereto have set their hands and seals:
First Party Second Party
The foregoing instrument was acknowledged before me this
by Russell J. Lehman and Walter Huber.
STATE OF COLORADO
County of
Witness my hand and official seal.
My commission expires: f /Ci3
Notary Public
!!a
i
9 3 day of I9_
SS.
-,_5";//
Address eENuJcc v 5»/'/x/c; s,
I IN BLACK INK
•'Y
OF ACCEPTED
'EMENT MAILED
,tEQUEST.
NOV•
171RECEIVED
COLORADO DIVISION OF WJgCES •
818 Centennial Bldg. 13 }Z3,5,ENG( :r.�rfR h'erman St.. 7bR R 4.19
. 4 g6 . t;
Denver, Colorodo :'s�03; ` ''
OF COLORADO =' ':
AF FI DAV( TE
,SS;
f J .rid. tJll'Ij� •
STATEMENT OF BENEFICIAL USBvOF-.GROUN�; \?� I1/I$iON COPY
AMENDMENT OF EXISTING RECORD '----:-it="`3,,
1,, i X LATE REGISTRATION - i,,'" .r-; -9G .., , t ,,;,.,,
;,J,Iii....:
1. ..I ii.f I h.. L _1, i :.r.?) <1 T.f," 31-17 }�. .r'f fi r Wil Jl /t b,,,
PERMIT NUMBER 146453
/� I,f+�trl,?::i;f ;:t_�w„/ 5..1) ,/�.:;: t;n:ae,.LOCATION OFWELL
vs:C/� r E4,,,. l e• r L rsi.-�,4,,., z'
/�
THE AFFIANT(S) co.,„, C�«/fir/c/
whose moiling f,
address is ,Z�Sv7 f9,,,-.G✓e... ( N _
J •) ` t/. 01 rti. Y., SCcllon _
City ��'t-t✓cr Co 450227— s
' lar..cl ixlri Twp. i5—
,H 0• $i `
Rny.l 9/ ( Q 6t4 P M
E ■ WI
i
being duly sworn upon oath, deposes and says that he (they) is (ore) the owner(s) of the well described hereon; the well is
located as described above, at distances of /17.' feet from the �� section line and /‘C c' feet from the
ir,o.,n o• eou...I
section line; water from this well was first applied to a beneficial use for the purpose(s) described herein on the _
IL •f• O. w l;, I
day of , 19'¢9 ;.the maximum sustained pumping rate of. the well is 5– gallons per minute, the pumping
• claimed hereby2 � ' � •_
is gallons per minute; the total depth of the well is 4o feet; •the overoge onnu..: amol,.,t
of water to be (diverted is /72 ocre•feet; for which claim is hereby mode for �.,., ,,,71/ c—
w. v►. c
purpose(s); the legol description of the land on which tha wg1er from this well is used is
, of which
acres are irrigated and which is illustrlated on the map on the reverse side of this form; that this well was completed in
compliance with the permit approved therefor; this statement of beneficial use of ground water is filed in compliance with law; he
(they) has (have) read the statements made hereon; knows the content thereof; and that the same ore true of his (their) knowledge.
COMPLETE REVERSE SIDE OF THIS FORM) ' ` ”. ; ' 'L.
Signature( s)
Subscribed and sworn
to before me on this
day of 19
My Commission expires:
IS(•Ll ,
r:,
'� r 7.,
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MOT •P PUS%.• • •
ACCEPTED FOR FILING BY THE STATE ENGINEER OF COLORADO
PURSUANT TO THE FOLLOWING CONDITIONS: �;; ,.- '_ '
'IN ACCORDANCE WITH C.R.S. 37-92-602(5) FOR HISTORIC ,,
E AS INDICATED BELOW AND DESCRIBED IN C.R.S.
7-92-602(1)(e).' '
WELL 0 UCING 25 GPM OR LESS AND USED FOR "`:-,
it .RY H USEHOLD PURPOSES IN 2 SINGLE FAMILY �;--ii.
VELLING(S , FIRE PROTECTION, TILE WATERING OF DOMESTIC Is.
cIMALS AN POULTRY AND THE IRRIGATION OF NOT OVER 1
:RE OF HOME GARDENS AND LAWNS. rs tN ry(,
/.c#1,1 Li • //yLt'
DEC 16 19E6
STALE-E".Gl���tg
-..;dm
NO..! WELL CONSTRI T1ON AND TEST REPORT
q -r7 �—.1 STATE OF COLORADO, Crr`FICE OF THE STATE ENGINEER
1. WELL PERMIT NUMBER 170965
OWNER NAME(S) Brenda C. Sl appey
Mailing Address 2628 Meadowlark Ave.
City, St. Zip Fnrt Coll ins CO 80526
P -one (343 ) 223-5945
Fut Oth.:e Use uniy
I
3.
4.
WELL LOCATION AS DRILLED: NE 1/4 NW 1/4, Sec.
DISTANCES FROM SEC. LINES:
4200 ft. from South Sec. line. and 3360
(north or south)
25 Twp 5
S
, Range 91 W
tt. from East Sec. line. OR
SUBDIVISION: least or woo)
STREET ADDRESS AT WELL LOCATION: Ny4 LOT BLOCK FILING(UNIT)
GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DHD
DATE COMPLETED March 7,1994
5. GEOLOGIC LOG:
TOTAL DEPTH 45 ft. DEPTH COt\.1PLETED 45
Depth Descnpuon of Materia] (Typo, Size, Color, Water Location)
0-2 Overburden
?-9 Red Clay
�9-45 Alljjvial Sand and Gravel
Wp+pr cl.rtinq at 30' thru 45'
Y
REMARKS:
DISINFECTION: T
6. HOLE DIAM. (in.) From (ft) To (ft)
9" 0' 15'
r'Y" 15' 25
5-5/8° 25' 45'
7. PLAIN CASING
OD (in) Kind
Steel
o — Steel
PVL
Y
Wall
. luJ
Cue -'S 1
F6cm(ft) Trj )
*1
P' a0'
PERF. CASING: Screen Slot Size: 1/8 x 4'
r 'C 200 PSI --d
YJ
8. FILTER PACK:
Material None
Size
Interval
9. PACKER PLACEMENT:
Type None
Depth
10. GROUTING RECORD:
Material Amount Density Interval Placement
Grout 4501b 2/
..0 21'to9' Hand
pe Liquid Bleach Amt. Used
cups
WELL TEST DATA: Check box if Test Data is submitted on Supplemental Form.
TESTING METHOD Ba i ler
Static Level ft. Date/Time measured
Pumping level ft. Date�me measured l� hrs Production Rate 8
Remarks , Test length (hrs.)
13. I have road the ataaments made herein and know the conatxs thereof. and that they are true to my knowledge.
of lake statements Mrain constitutes perjury in the recon(' degree and la punishaLle as a alae 1 misd+meanorPunuant to 8ecdon 24-1-104 (13)(a) CAS.. the frtaAwy)
NTRACTOR B1ue Sky Drilling, Inc.
Mailing Address v4 Box 1.3b S1 1 t LU 6I Phone 3( 03 ) 876-2895 Lic. No.1235
gpm.
NeimerA.tle0Tascv type or print) 23,— Signatt re
Secretary/Treasurer Driller
Date
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Board
Ross Talbott - Chairman
Joe Montover
Sean Mello
Tom Voight
Gordon Wltzke
•
•
OUR 2 5 :1.976 i* j
Don Zordel - Chief
Stu Cerise - Assist. Chief
June 21, 1996
To Whom It May Concern:
This is to inform you that the property located at 2027 - 245 Road, T6S R91W Section
25, NE1/4 of NW 1/4 is within the Burning Mountains Fire Protection District and we
do provide fire protection to
Sincerely,
Donald L. Zordel, Chief
Burning Mtn. FPD