HomeMy WebLinkAbout3.0 BOCC Staff Report 11.18.1991BOCC 11/18/91
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition to
subdivision.
OWNER: Ruth Stirling
APPLICANT: John Stirling/Denise Henderson
LOCATION: A tract of land known as the W1/2,
NE1/4, NW'/4 of Section 27, T7S,
R87W of the 6th P.M.; located on
C.R. 162 on Missouri Heights
northeast of Carbondale.
SITE DATA: The site consists of twenty (20)
acres.
WATER: Existing well.
ACCESS: Existing and proposed driveways off
C.R. 162.
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD and PUD (Sun Mesa).
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The parcel is located in District C - Rural Areas with Minor Environmental Constraints
as identified on the Garfield County Comprehensive Plan Management Districts map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject property consists of a rectangular shaped parcel
of moderately 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.
B. Project Description: The applicants are proposing to split a 20 acre parcel into
two (2) ten acre pieces. The southerly of the two parcels would contain the
existing residence (see enclosed sketch maps on pages Lid.S ). The applicant(s)
anticipate purchasing the subject property from the current owner in the near
future.
C. Background: In 1983, Ruth Stirling applied for and was granted an exemption
to divide a 40 acre tract into two 20 acre parcels (see enclosed Resolution on
pages (04''7 ). A stipulation of that resolution was that there be no further
exemption on either of the 20 acre tracts.
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III. MAJOR ISSUES AND CONCERNS
1. 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 (1) 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 specific
reasons why this provision was included in the original resolution. The subject
property would qualify for one (1) additional split as proposed in this
application.
2. Access to the subject property is obtained via a ten (10) foot wide roadway
easement extending from C.R. 162 to 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.
3. 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 serves 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 10 acre parcel as well as
the existing residence.
Gene's well is adjudicated for .022 cfs (roughly 10 g.p.m.) (see enclosed decree
on page 2 ). Splitting the well would provide approximately five (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.
4. Due to the sporadic location of bedrock, engineered foundations and wastewater
systems may be required for new home construction.
IV. SUGGESTED FINDINGS
1. The proposal is in general compliance with the Garfield County Comprehensive
Plan and the Garfield County Zoning 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 following conditions:
1. All representations of the applicant shall be considered conditions of approval
unless otherwise stated by the applicant.
2. 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.
3. The resolution of approval shall specifically modify that portion of Resolution
No. 83-301 restricting further division of the subject property.
4. 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.
5. The exemption plat shall depict all easements, utility lines and ditches.
6. The applicant shall pay $200 in School Impact Fees for the newly created lot.
7. The following notes shall be included on the exemption plat:
1. Wildfire prevention guidelines of the U.S.F.S. shall be observed in
residential site planning and construction.
2. Engineered foundation and/or wastewater systems may be required.
Or
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Parcel 1:
WiN1*1Wi of Section 29, Township 7 South, Range 87 West of the 6m
Principal Meridian, Garfield County, Colorado.
Parcel 2:
EINE NWi of Section 29, Township 7 South, Range 87 West of the 61.11
Principal Meridian, Garfield County, Colorado.
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1\U G 14 1991
GARFIELD COUNTY
IN TILE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. 79CW383
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF )
JOHN STIRLING )
IN THE ROARING FORK RIVER )
IN GARFIELD COUNTY )
F1LE°
IN \VA.'1'lat COUR' 1.
Division No. 5
Jili'l2 01990
STATE: OF COLORADO
.__WATER CLERK
tr �y DEI it tY
RULING OF REFEREE.
The above entitled application was filed on December 31, 1979,
and was referred to the undersigned as Water Referee for Water
Division No. 5, State of Colorado, by the Water Judge of said Court
on the 12th day of January, 1980, in accordance with Article 92 of
Chapter 37, Colorado Revised Statutes 1973, known as The Water Right
Determination and Administration Act of 1969..
And the. undersigned. Referee having made such investigations as
Fare necessary to determine whether or not the statements in the
application are true and having -become fully advised with respect to�
the subject matter of the application does hereby make the following
determination and ruling as the Referee in this matter, to -wit-:
1. The statements in the application are true.
2. The name of the structure is Gene's Well.
3. The name of the Claimant and Address is John Stirling;
c/o Musick, Williamson, Schwartz, Leavenworth, and Cope; P.C.;
P.O. Drawer 2030; Glenwood Springs, Colorado.
4. The source of the water is a well having a depth of 200
feet and being -tributary to the Roaring Fork River.
5. The well is located in the SEq NW3 of Section 29, T. 7 S.,
R. 87 W. of the 6th P.M. at a point 1,700 feet South of the North line
and 1,330 feet East of the West line of said Section 29.
6. The use of the water is domestic, household purposes,
livestock water, fire protection, and lawn and garden irrigation.
7. The date of initiation of appropriation is September 16,
1968.
8. The amount of water claimed is 0.•022 cubic foot of
water per second of time,'absolute.
9. The well was completed and the water first applied to
the above beneficial uses on September 24, 1968.
10. On September 16, 1968,.Permit No. 35279 was issued by
the Office of the State Engineer. This. permit was later amended to
correct the legal description of the location of the well.
11. On February 29, 1980,. a Statement of Opposition was
filed by the Park Ditch Company and John SuLey; however, on March 14,
1980 this Statement of Opposition was withdrawn.
79CW383
•
The Referee does therefore conclude that the above entitled
application should be granted and that 0.022 cubic foot of water per
second of time is hereby awarded to Gene's Well, for domestic, house-
hold purposes, livestock.water, fire protection and lawn and garden
irrigation purposes, with appropriation date of the 16th day of September,
1968, absolutely and unconditionally.
The above described underground water right meets the criteria
for an exempt domestic well pursuant to C.R.S. 1973, 37-92-602(1)(b),
so long as it is used for the purposes set forth herein, and by. statute.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject
to Judicial review pursuant to Section 37-92-304 C.R.S. 1973.
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
bone *at theCity of Glenwood Springs, Colorado, this �!
day of
, 1980.
BY TIIE REFEREE:
Wate eferee
Water Division No.
State of Colorado.
ROY ROMER
Governor
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman Street -Room 818
Denver, Colorado 80203
(303) 866-3581
FAX [3031866-3589
October 9, 1991
Mr. Andrew McGregor
Garfield County Regulatory
Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Henderson/Stirling Exemption
NE1/4, NW1/4, Section 29, T7S, R87W, 6T11 PM
Water Division 5, Water District 38
JERIS A. DANIELSON
State Engineer
fr OCT 15
1991
l.►ttri r i
ALO COUNTY
Dear Andrew,
We have reviewed the above referenced proposal for comments on a subdivision exemption
on a 20 acre parcel to be split into two 10 acre lots. 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 acres, but rather the only well on 20 acres. There is a $60 fee
and application required for this change. Based on this, we have no objections to this proposal.
Should you have further questions regarding this submittal, please contact this office.
Sincerely,
<---at/r) X —OK_
�j
dy T. Sappington
Water Resources Engineer
JTS(f)/clf:stirling
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner
Bruce DeBrine