HomeMy WebLinkAbout2.0 Staff Report BOCC 11.18.91REQUEST:
OWNER:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
BOCC I l/18/91
PROJECT INFORMATION AND STAFF COMMENTS
An exemption from the defirnition to
subdivision.
Ruth Stirling
John Stirling/Denise Henderson
A tract ol land known as the WVz,
NE7+, NW% of Section 27, T7S,
R87W of the 6th P.M.; located on
C.R. 162 on Missouri Heights
northeast of Carbondale.
The site consists of twenty (20)
acres.
Existing well.
Existing and proposed driveways off
c.R. 162.
A/R/RD
A/R/RD and PUD (Sun Mesa).
T.
II.
RELATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel is located in District C - Rural Areas with Minor Environmental Constraints
as identiJied on the Garfreld County Comprehensive Plan Management Districts map.
DESCRIPTION OF THE PROPOSAL
A. Site Descrintion: The subject property consists of a rectangular shaped parcel
ofmoderately sloping sage and grasses. At the south end of the parcel is a single
family residence. An access easement parallels the west edge ol the property.
The parcel is also traversed by a driveway which crosses the southern portion of
the lot and provides access to the adjacent parcel to the west.
Project Description: The applicants are proposing to split a20 acreparcel into
two (2) ten acre pieces. The southerly ol the two parcels would contain the
existing residence (see enclosed sketch maps on pages t-l*S ). The applicant(s)
anticipate purchasing the subject property from the current owner in the near
future.
Background: In 1983, Ruth Stirling applied lor and was granted an exemption
to divide a40 acre tract into two 20 acre parcels (see enclosed Resolution on
pages b+ 'l l. A stipulation of that resolution was that there be no further
exemption on either of the 20 acre tracts.
>l r
B.
C.
m.MAJOR ISSITES AND CONCERNS
Currently, three (3) parcels have been created from the parent parcel as it existed
prior to 1973. Included are the two 20 acre parcels split in 1983 and the 400+
acre tract which has been proposed as the Sun Mesa PUD. One (l) additional
parcel could be created by virtue of the exemption criteria allowing up to four
(4) parcels. Approval of this request would require partial recision and/or
modification of Resolution No. 83-301. Staff cannot uncover any specihc
reasons why this provision was included in the original resolution. The subject
property would qualify for one (l) additional split as proposed in this
application.
Access to the subject property is obtained via a ten (10) foot wide roadway
easement extending lrom C.R. l62to the south end of the subject property. An
improved road traverses the easement. The new lot would access directly off this
access easement. This easement may eventually be absorbed as the access
roadway to Sun Mesa. If an expanded easement has been dedicated to date,
then it shall be depicted on the exemption plat.
The applicants are proposing to provide water service to the subject property
from a well on the adjacent property to the west (belonging to John Stirling).
The existing well, known as Gene's Well, currently seryes the existing residence
on the subject property. The ownership of the well is currently split between
Ruth Stirling and John Stirling. With the transfer of the 20 acre tract to Mr.
Stirling, the second half-interest in the well will also return to Mr. Stirling. This
will provide water to the newly proposed undeveloped l0 acre parcel as well as
the existing residence.
Gene's well is adjudicated for .022cfs (roughly l0 g.p.m.) (see enclosed decree
on page B l. Splitting the well would provide approximately hve (5) g.p.m.
for both the ten (10) acre parcels. The decree does not appear to preclude the
use of water for a second residence.
The Division of Water Resources, has commented on the proposed exemption
(see enclosed letter on page 1 D ). Their comments were based on the
assumption that the domestic water for the proposed lots would be provided
from a different well than that proposed. Additional comments will be solicited
prior to the meeting.
Due to the sporadic location of bedrock, engineered foundations and wastewater
systems may be required for new home construction.
ry.SI IGGESTED FINDINGS
Theproposal isin general compliance withthe Garfield County Comprehensive
Plan and the Garheld County Zoning Regulations.
The proposed land use would be consistent and compatible with the existing
surrounding land uses.
Ifthe noted access concerns can be adequately addressed, the proposal is in best
interest ofthe health, safety, morals, convenience, order, prosperity and wellare
of the citizens of Garfield County.
1.
2.
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4.
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STATE OF COLORADO
County of Garfield
At a reAular
-meeLing
of the Board of County
commirIi;norado,heldattheCommissioners.Annexin
Cf .nrooa Spr ings on Monday , the tgtn day of -Sept'ember A' D'
19 83 , there were Present:
Eusene "Jim" Drinkhouse ' 9?111::1:::r chairman--Illiv vuG"qr", , 9?ii1::1::::
rraven .1. ceris" , 9:**1ss loner
g."t nnoO"" , CountY AttorneY
MlLdred Ar"do"f
--'
clerk of the Board
when Ehe following proceedings, among others were had and done' to-wit:
RESOLUTTON NO. B?-301
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION EROM TTIE GARFIELD COUN'IY
SUBDIVISION REGULATIONS FOR Rut'h R' Stirling '
WHEREAS, Ruth R. stirling has petitioned Ehe Board of county
Commissioners of Garfield Couity, Colorado, for an exemption from the
definition of Lhe terms "subdivision" and "subdivided Iand" under C'R'S'
I973, 30-28-IO1(r0) (a)-(d), as amended, and the subdivision Regulations of
Garfield County, Cfforado, adopted January 2, L979, Section 2'O2'2I(d)
for the division of a 40 acre tract described as follows:
NE L/4, NW L/4 of Section 29, Township 7 southr.Range 87 West of the
6th principal Meridian, GarfleId county, Colorado; int'o 2 Lcacts of
ippro*imatlly 20 acres each, more or f!ss, which proposed divideo tracts
uiL mote particularly described as follows:
TRAC,I A: t^t L/2, NE i/4, NX L/4 of Sectiotr 29, Township 7 South, Range 81 ,
.,rtest of Ehe Oln' pr incipal Mer idian, Gar f ield County, CoIorado.
t*OCf g, E L/2, NE L/4, NW L/4
'v,lest of the 6th PrinciPal Merid
WHEREAS, the pet,itioner has demonstrated to the satisfaction of the Board
of county commissioners of Garfield county, colorado, that the proposed
division does not fall within the purposei of Part 1, Article 28, Title
..j0. Colorado Revised statutes 1973r ds amended, for the reason that said
5;ii;;;;;;-;"" owned the above descr ibed parcer f or more than f ive (5)
years, and
WHEREAS, the petitioner has dernonstrated to the satisfaction of the
Board of Coun[V Co^*issioneis of Garfield County, Colorado, thaE there is
a reasonabre-fiobabirity of locating domestic water on each of said Lracts
and there is aaequate iigress and egress to said tracts, that E5e Iocatio.
oi septic tanks riff be permitted by the Colorado Department of HeaIth,
that the requested division is not part of an existing or larger
development and does not faII wit.hin the general purposes and intent of
the subdivision regulations of the State of Colorado and the County of
Garfield, and should, therefore, be exempted from the definition of the
terms,,subdivision" and "subdivided Iand" as set forth in c-R.s. L913,
3O-28-I0t (I0) (a) - (d) , as amended;
NOh,, THEREFORE, BE IT RESOLVED that the division of the above
descr ibed tracts ,,A,, and '!!8,, f rom bhe descr ibed 40 acre tract is hereby
exempted from such definitions and said tract may be divided into tracts
rAr and ,,B',, aII as is more fuIIy described above, and said divided tract
may be conveyed in form of smalrer tracts without further compriauce witl-t
tha aforesaii subdivision statutes and regulations; provided, however,
that this exemption is granted on the condition and with the express
understanding lnd agreement. of the Petitioner that no further exemptions
be allowed on said tracts rrArr and "B", and that a coPy of Ehe instrument
,;itl
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)ss
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of Section 29, Township 7 South, Range 87
ian, Garfield CountY, Colorado; and
(r
of conveYance !'rhen
Dated t.his 'l9th daY
:.
recPrded shalI be
of SeoLember ,
GARFIELD COUNTY
GARFIELD COUNTY,
filed with this
A. D. 1983or instruments
Resolut ion .
ATTEST:
UPon motion
adopted bY the
rtuly made and seconded
following vote:
the foregoing Resolution was
BgC{D] oF I coMMr ss ToNERS
.rCoLoneo0
e rJlmrr Drlnkhouse Aye
Aye
AyeVe las z
STATE OF COLORADO
CountY of Garfield
)
)
)
T, , = = : a: ' County Clerk and ex-officio Clerk
*tof the goar in and ior the county and state
' aforesaid do hereby certify that ttre annexed and foregoing order is trury
copied from the Relords oi'tt" Proceedings of the Board of County
commissioners for said Garfield County, note in my office'
of
I9
of
IN 'v,IITNESS WHEREOF, I have hereunEo set
said County, dt Glenwood SpriDgsr this -
t.he Board of County Commissioners '
my hand and affixed the seal
, A.D.day of
County CIerk and ex-officio CIerk
AUG 14 1991
GARTIELD COUNTY
a ("
IN TIIE MATTER OF 'IIIE APPLICATTON
FOR VIATER RIGIITS OII
JOIIN STIRLING
IN TIIE ROAI1IIIG FORK RIVER
IN GARFIELD COUNTY
IN .TIIE DISTRICT COU]T'I' IN NIiIT)
FOR l,tATER DIVISION NO- 5
STATB OF COLOITADO
Applicati.on No. 79CW3B3
)
)
)
)
)
RUI,ING OP RIITIBRETI
The above entitled application was filed on December 31, J_9791
and r.ras referred to the undersigned as Waber Referee for Water
trivisi<.:n No. 5, StaLe of colorado, by the l,laLer Judge of said court
on Lhe l2th day of January, 1980, in accordance rsiLlr Article 92 of
ChapLer 37, Colorado Revised SLaLutes 1973, known as 'Ihe Wa'ter RighL'
. Determination and Administrat'ion Act of 1969' ' I
" : And- the. undergigned .Referee having made such j-nvestigaLions as
.'are necessary to deterrnine wheLher or not tlre stat-emeut-s in the
application ere true and trivingtbe"o*e fully advised wiLh respect l-o'-*
ttre subjEct matter of the applicaL.ion does hereby rtake the following
{etermina:Lion ancl ruling as the Referee in tl"ris matter, to-vrit':
I. The staLements in the application are true.
.2.ThenameoftlresLrucLureisGene|sI^IeII
. 3. The name of the Claimant, and Address is Joltn Sbir1iDg;
l.Iusick, !{illiamson, Schwartz, Leavenwortlr, and Cope, P. C' i
Drar.rer 2030; Glenrvood Springsr- Colorado'
4. the souice of the rvater is a well travingl a depth of 2OO
c/o
Dr\I .\r.
feet ernd being'tributary Lo the Roaring Fork lliver.
5. The well is located in the SIJk NWk of Section 29, T. 7 S.
R. 87 W. of the 6th p.M, at a poinb. 1,700 feeL South of the NorLh l-j-ne
and 11330 feet East of the wesL lj.ne of said secLion 29.
6. The use of the r.rater is domesLic, household purposes,
livestock wat-er, fire proLect,ion, and l"arvn and garclen irrigatior"r'
7. The date of initiaLion of appropriation is Septeml>er 16,
19 58
B. The amount of water cl.arimed is 0,'022 cubic foot of
water per second of tinrer ''absolube.
9. The we.Ll was compleL.ed and the ruaLer first applied Lo
the above beneficial uses on SepLemller 24, 1968'
10. on september 16, 1968, Permit No. 35279 \'ras issuetl by
tler Office of tle State ungineei. r'his'perntiL was laLer atnended Lt:
correct the legal clescription of Lhe l.ocat-ion of the rvell
11. On I'ebruary 29, 1980, a Sl-at-etuent of Opposi.Lion h'as
filed by the Park Oit.cl-r Coirpatry arnd iohn Sul.ey; lrowever, on I'l;rrch 14,
1980 this stal-ement of opposiLion tvas rvittrclrarun.
e-)( e
FILET)
lN ivrr'r'ltR c0ulL'l''Division No' 5
J[li'lz 01980
STATE OE COLORADO
' ' 7 9CI^J3 t] 3
.tl,u
wtth
day of
(-1'i. .)
The Referee cloes therefore conclude tlraL t-he above entitled
application shoutd be granted and tl'rat 0.022 cubic foot of water Per
second of time is hereby awarded to Geners WeII, for clomestic, house-
hold purposes, Iivestocli.rvater, fire protection ancl lawn and garden
irrigation purposes, with appropriation date of the I6th day of September,
1968, absolutely and unconditionally
The above described underground water right meets the criteria
for an exemp't domestic well pursuant to C.R.S. L973t 37-92-602(1) (b),
so long as it is used for the purposes set forth hereinl and by. statute.
It is accordingly ORDERED that this ruling .sha1l be filed with
the Water CLerk and shall become effective upon such filing, subject
to Judtcial review pursuant, to Section 37:'92-304 C.R.S. 1973
ft is further ORDERED that a copy of this ruling shall be filed
the approprialq nivision. Engineer and the State Qnginegr'; '.-. : : . ;
Lone'at the'City of Glenwciod Springs, Colorado, this
, 1980.
BY TIIE
Wate
I{ater
State
REFEREE:
ROY ROMER
Governor
JERIS A. DANIELSON
State Englneer
OFFICE OF THE STATE ENGTNEER
DIVISION OF WATER RESOUBCES
1313 Sherman Street-Room 818
Denver, Colorado 80203
(303) 866-3581
FAX [303] 866-358e
October 9,1991
0
Ocr 15 ,99'
Lrrrnrrtru cuuNi#
Mr. Andrew McGregor
Garfield County Regulatory
Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Henderson/Stirling Exemption
NEI/4, NWl/4, Section 29,T75, R87W,6TII PM
Water Division 5, Water District 38
Dear Andrew,
We have reviewed tfue above referenced proposal for comments on a subdivision exemption
on a 20 acre parcel to be split into nro 10 acie lits. Currently there is an existing well, Permit
Number 132035, serving one single-family dwelling on the ProPerty. The applicants wish to use
this well as the source of water for the second lot.
Upon approval from the County of this exemption, the permit must be changed to reflect that
the well is not the only well on 40 alres, but rather the only well on 20 acres. There is a $60 fee
and application requ#ed for tftis change. Based on this, wi hau" no objections to this proposal'
Sftould you have further questions regarding this submittal, please contact this office.
Sincerely,
Water Resources Engineer
JTS($,/clf:stirling
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner
Bruce DeBrine
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REQUEST:
OWNER:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
BOCC l0lt4l9l
PROJECT INFORMATION AND STAFF COMMENTS
An exemption from the dehnition to
subdivision.
Ruth Stirling
John Stirling/Denise Henderson
A tract of land known as the WYr,
NE74, NWTr of Section 27, T7S,
R87w of the 6th P.M.; located on
C.R. 162 on Missouri Heights
northeast of Carbondale.
The site consists of twentY (20)
acres.
Existing well.
Existing and proposed driveways off
c.R. 162.
A/zuRD
A/R/RD and PUD (Sun Mesa).
I.
U.
RELATIONSHIP TO THE COMPREI-IENSIVE PLAN
The parcel is located in District C - Rural Areas with Minor Environmental Constraints
as identihed on the Garlield County Comprehensive Plan Management Districts map.
DESCRIPTION OF THE PROPOSAL
Site Descriftion: The subjoct property consists of a rectangular shaped parcel
ofmoderately sloping sage and grasses. At the south end of the parcel is a single
family residence. An access easement parallels the west edge of the property.
The parcel is also traversed by a driveway which crosses the southern portion of
the lot and provides access to the adjacent parcel to the west.
Project Descrintion: The applicants are proposing to split a20 acreparcel into
two (2) ten acre pieces. The southerly of the two parcels would contain the
existing resiclence (see enclosed sketch maps on pages L{ + S ).
Background: In 1983, Ruth Stirling applied for and was granted an exemption
to divide a40 acretract into two 20 acre parcels. A stipulation of that resolution
was that there be no further 6xemption on either of the 20 acre tracts.
-l D
A.
B.
C.
III.MAJOR ISSUES AND CONCERNS
Currently, three (3) parcels have been created from the parent parcel as it existed
prior to 1973. Included are the two 20 acre parcels split in 1983 and the 400+
acre tracl which has been proposed as the Sun Mesa PUD. One (1) additional
parcel could be created by virtue o[ the exemption criteria allowing up to four
(4) parcels. Approval of this request would require partial recision and/or
modihcation of Resolution No. 83-301
Access to the subject property is obtained via a ten (10) foot wide roadway
easement extending from C.R. l62to the south end of the subject property. An
improved road traverses the easement. The new lot would access directly offthis
access easement. This easement may eventually be absorbed as the access
roadway to Sun Mesa. If an expanded easement has been dedicated to date,
then it shall be depicted on the exemption plat.
There is currently a well on the subject parcel, which is decreed for three (3)
residences. The well currently serves one (l) residence. The Division of Water
Resources has reviewed the application and has verbally recommended approval
of the proposed. Only aminorrnodification to the well permit will be required.
Due to the sporadic location of bedrock, engineered foundations and wastewater
systems may be required for new home construction.
The subject property would qualily for one (l) additional split as proposed in
this application. Resolution No. 83-301 prohibited further splits on these two
20 acre parcels. Staff cannot uncover any speci[ic reasons why this provision
was included in the original resolution.
IV.SUGGESTED FINDINGS
The proposal is in general compliance with the Garl-reld County Comprehensive
Plan and the Garheld County Zorung Regulations.
2. The proposed land use would be consistent and compatible with the existing
surrounding land uses.
3. If the noted access concerns can be adequately addressed, the proposal is in best
interest of the health, safety, morals, convenience, order, prosperity and welfare
of the citizens of Garfield County.
V. RECOMMENDATION
APPROVAL, subject to the lollowing conditions:
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 (1) year.
The resolution of approval shall specihcally modify that portion of Resolution
No. 83-301 restricting further division of the subject property.
l.
2.
3.
4.
5.
1.
l.
2.
3.
4. The existing well permit and court decree shall be modified to reflect three (3)
residences on 20 acres instead of40 acres.
5. The applicants shall prepare and submit a well sharing and maintenance
agreement addressing the two (2) ten acre parcels. A water line easement,
serving both parcels, shall be depicted on the plat.
6. The exemption plat shall depict all easements, utility lines and ditches.
7. The applicant shall pay $200 in School tmpact Fees for the newly created lot.
8. The following notes shall be included on the exemption plat:
1. Wildlue prevention guidelines of the U.S.F.S. shall be observed in
residential site planning and construction.
2. Engineered loundation and/or wastewater systems may be required.
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