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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. 3. 4. 1. 2. 3. l't= 2( *:68.1)' --l) c (t l,.r.f,^r s,{ai?1,il';4iiy t/ : ,j)/ 5 a,-.')./ \ -T.7 4., Qt t, 2q \l/., (-,t"h J:'}-)"L.=y?- 5us,El=f YVsWl Parce\ l:- ifi i ;ffi c'/, r l.t \,./'/'t guce\ )-:- erlll(r=,h SL\,.J'l+ A=.33'2^l'31" -.[--N. to',',' a(," E 1 6.16','1 1 2t-wcl\ ,/"r ,$\D' z'i.1.'l'',1v\ 'n;'l' [z-7eopo'56" fll7$,11' ftffi,i?#r,Y,f i[',:,ir ]c(ff,'it[,i;'ii? "t {a i r;:y ( :?, 3-jl!- 1t7,9\Y 'qZt/r'iffi\';,iil I //;'i_*E-i11-e4V ,..(,'_x----X--_--- -"N - --. _ - -jpttr-- + Note I Bourtdaries shown ----,-x-----.-,x {.1:-'l' ;tfv.i il1 are basecl on Governmen'b J'and OfJ'ice plab informaLion Parcel I r f-5NI'iINF:t Princi.PaI Parcel 2 t E}NETNWT of S ec bi ort Meri.dian, of Section Meridian, Legal D e-ii-q.1i rrt i ortr; ?9, TownstriP f Sjouth, Rartge Garf ield Cotrn bY, Colorado ' 29, Townshi 1: 7 liouth, Rartge Garfield CorinbY, Colorado. 87 West of the 6Ltr 87 Wes t of t.he 6tlr qu-brJ i v [s [rrvt [x,zrtp!-to}-=--- ]1o-ru 8Y: LINES IN S, sYoNEY LtNctcotttE ( L.s.!!!!!! Box ra caHsoNqaLE setg 303-e63-!99e SCALE,I"= 2OO'Zl cltq, lt'lA3 t'rincipal -il- :)I'itlrie!k'r:1,"f ,'1fi ,Si*yr i al ,'.f, sF, {r9- [fl''$ E li i',!; l-: 'r | .'r'I ,,t, | ',, i l,f+ii ;i, .l t:l :i. 'fi*l rQPr251r' ' 3 .\:l-.9h clL'-t'{' t fLt:'tlL'$bE=)t .i'li i;i5'1 li'iFu: ,.t.1 . .., .l a .rtj iri l" t,, (, i ,. t. . 1".: j TJ , I I ilrr 9,ril'l'9 (r'!r l, l:l t')i ri l:ili:i 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 iiili .. 'j'il) )ss ) 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 ra-- .!r. {, 't ' .,i I ii ' t, ri: l, ?r'r'-fr "- I f)- 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. x-,.ln, t>e ?_() r.73.y?, I \^/ ) ()th J/.Jr4_. 5.rtinof -%.*1--\' feswl L= -33"2-'| 31" gucn\ 'z: trtrNE'l+.\Lr tiii,',11 Wil.-r'tC/q-t tl /'/+ CetLe"\tlLe c,t ,2-o' Q-CLL?<> t tl.O-t t. C,n5errt, r,\1._.- l: 2 2-"r- 3 'r-; 1-1''!Z:LloB.gl' -'' -, i : 1 56.c'c>'j T: €ro,rx..i cLcl;J.(zl'21'(l (,"[:. l5?,c2' ] -f,sr- to'r'l'ze"e r-wel( A,-?q"2.o'5'6" fl:JQ,l7' Leeal ll ejic,Li pt ior-rs of Secbion 29, TownshiJr 7 South, Range Meridian, GarI'ield Coutrby, Colorado' of Section 29, Townsltlp 7 South' Rattge Meridian, Garf ield County, Colorildo. x- -------_- )^---*-"-^-----r(_.--- - -,X 87 West of the 6ttr 87 West of the 6lt' --)( i,\ -..\ll t\i Parcel 1: t^,ENITEN-WT Princi pal Parcel 2t EENII_Nw-{ I'rincipa.l /tr.r. A ?AEf or tlrs\\ A?pLtcarr.G*.1 " / 2 ,{ti.'8'', l-,,:_' l, !.) rlv.i i', I L.)./i /z/',/ ..a/ @' No be: Bowrdaries shown are based on Government l,sncl Ofl'ice pla'b information wLclrz ( 41UJ'\ {= fb,r:9'i'r, .b,a,6' ;, /cfut:N{qos7' 5 Ll "E Ll6.l6( . I .1c€9:3l3ilZlli-t-y1le\Y ,4tl'lrb : 3u-b.dr-v [s[ort.ex.r,tpLLo(. -J1a-ru 8Y: LINES IN S. 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