HomeMy WebLinkAbout2.0 Staff Report BOCC 05.01.95PROJECT INFORMATION AND STAFF COMMENTS
BOCC 51u95
An exemption from the definition ol
subdivision.
Peter Brigham
A tract of land located in Section 33, T7S,
R89W of the 6th PM, located olthe City of
Glenwood Springs at the Sunlight Ski Area.
.17 acres
Well
Ski Sunlight Wastewater system
County Road 117
CommerciaVLimited
REQTTEST:
APPLICANT:
I-OCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
ZONTNG:
T-
tr.
RELATIONSHIP TO THE COMPREHENSIVE PI-AN
The site is located in an area without a designated management district on the Garheld
County Comprehensive Plan Management Districts' Map. It is in the area with a
symbol for a ski area, but no other management district designations.
DESCRIPTTION OF THE PROPOSAI-
Site Description: The site is located adjacent to Ski Sunlight, across Four Mile
Creek from the Sunlight Inn. The adjoining property currently includes a
single-family unit and both lots are adj4:ent to lower parking lot of the ski area
. A vicinity map is shown on pugE-S:.
Project rrescriplion: The applicant is proposing to build a two family dwelling
the lot 2B of the amended Sunlight Inn exemption that is allowed by zoning, but
subject to subdivision approval. A sketch plan of the proposed exemption is
shown on pugt--6:-.
History: In 1988, the Sunlight Inn and Realty Company received approval to
create a1.752 acre parcel lor the Sunlight Inn and a 3.056 acre parcel. In 1993,
by Resolution No. 93-073, what was a 3.506 acre parcel was split into three
tracts ol .17, .17, and 3.472 acres in size. Originally, the two smaller lots were
going to have detached townhome dwellings, one of which was supposed to be
a model unit lor luture townhomes in a PUD on the larger parcel.
e l'
A.
B.
C.
III. MAJOR ISSUES AND CONCE,RNS
A. Suhdivision Regulations. Section 8.52 of the Garheld County Subdivision
Regulations state that "No more than a total of lour (4) lots, parcels, interests
or dwelling units will be created from any parcel, as that parcel was described in
the records olthe Garhel<t County clerk and Recorder's Office on January l,
1973, and is not a part of a recor<led subclivision; however, any parcel to be
divided by exemption that is split by a publio right-of-way (State or Federal
highway, County road or railroacl) ornatural leature, preventingjoint useofthe
proposed tracts, and thedivision occursalong thepublicright-of-way ornatural
feature, such parcels thereby created may, in the discretion of the Board, not be
considered to have been created by exemption with regard to the four (4) lot,
parcel, interest or dwelling unit limitation otherwise applicable;
A deed submitted with the application describes the parent parcel on October 3,
1972 asLhe 5.26 acre parcel split in 1988. Four Mile Creek generally splits the
original 1988 exemption parcels. Therefore, up to four (4) parcels can be
created through the normal exemption criteria and one (l ) additional parcel can
be created, based on the nnatural feature" split of the property.
The definition of subdivision is dehned as "any parcel of land in the state which
is to be used for conclominiums, apartments, or any other multiple-dwelling
units, unless such land when previously subdivided with the provisions of this
part I with substantially the same density, or which is divided into two or more
parcels, separate interests, or interests in common....". A multiple family
dwelling, including a two family dwelling is subject to some lorm of subdivision
approval. The proposecl duplex was not included in the original exemption
approval given to the Sunlight Inn.
The exemption plat hled with the most recent exemption, did not have any
indication that there would be a two-family dwelling on Lot 2B.. It will be
necessary to create an amended plat lor Lot 28, showing the legal description of
the proposed clwelling on the plat and have a plat note stating:
'The two-family dwelling lot will be held in a single ownership until such
time that a new plat is approved and filed lor either condominiums or
townhouses through the applicable subdivision process."
Zoning. The C/L zone district allows a two family dwelling as a use by right,
but it is still subject to subdivision approval.
Buil<ling Cocle: The applicant should be aware ol the separate building code
requirements for a townhouse versus an apartment or condominium. The
townhouse will have more restrictive hrewall separation requirements, which will
increase the cost of a unit. This is noted, so that the applicants can build a
structure to meet their luture plans in terms of selling a unit orselling the whole
building.
Water and Sewer. The applicant intends to serve the two family dwelling with
water lrom an existing well^that serves the adjacent dwelling and the Sunlight
Inn. (See decree pg. !tL$ Sewer will be-provided by the Ski Sunlight
Wastewater treatment system..(See letter pgl !L-l The State Departrnent of
Health has verbally indicated that the existing system does have capacity to
accomodate the proposed additional dwelling.
B.
C.
C.
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D.
E.
Drainage. No {rainage easements appear to be necessary, but should be verified
on the flreld by the applicant's surveyor.
Fire Protectio n. The Glenwoo{ Sprin gs Department o f Emergency Services has
responded to the application and statecl that the district will provide protection'
(See letter tQ.
Easements. Any required easements (drainage, access, utilities, etc") will be
required to be shown on the exemption plat.
School Tmpact Fees The applicant will be required to pay the $200.00 impact fee
prior to the approval of the exemption plat.
STTGGESTED FTNDINGS
I . That proper posting ancl public notice was provided as required for the meeting
before the Board of County Commissioners.
Z. That the meeting before the Board of County Commissioners wasextensive and
complete, that all pertinent faots, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated an{ other reasons, the proposed exemption is in the
best interest of the health, safety, morals, convenience, order, prosperity and
wellare ol the oitizens of Garheld County.
RECOMMENDATION
Staffrecommends APPROVAL olthe application, subject to the lollowing conditions:
That all representations of the applicant, either within the application or stated
at the meeting before the Board of County Commissioners, shall be considered
conditions ol approval.
A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, access to a public right-of-
way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities. The plat shall also legally <lescribe the two-family dwelling footprint
and note that it is for a two-family dwelling.
That the applicant shall have 120 rlays to present a plat to the Commissioners
for signature lrom the date of approval of the exemption'
That the applicant shall submit $200.00 in School Impact Fees for the creation
of the additional dwelling unit.
That the following plat note shall appear on the Final Exemption Plat:
'The two-family dwelling lot will be held in a single ownership until such time
that a new plat is approved and hled for either condominiums or townhouses
H.
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2.
3.
4.
5.
6. Control of noxious weeds is the responsibility of the property owner'
7. All new construction shall be consistent with Colorado State Forest Service
wildf,rre prevention guidelines specihed in the pamphlet "lvildfue Protection in
Wildland Urban Interface"(C.S'F'S' #143-691)'
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March 21,1995
To whom it may concern:
Garfield County Planning and Zoning
The Sunlight Inn by contract is obligated to provide water
to lot 28 of tf,e Sunligit Inn Dxemption. A copy of our weII
decree is enclosed and has more than ample supply for the
proposed Duplex. Vlater and sewer lines are currently in place
and-are sized per code for up to eight additional units to tap'
Peter Brigham
Sunlight Inn and RealtY Co-
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LAIID COllPr\i'lY
I. llame of Applicant
Addrcss
B.
NULING OT TIIE NUFTNDE
I }i TitE
DMREE FOR I
NIV;;R OII IT5 TNII}UTAIII T:5
TRIDUTAIIY INVOLVED:
FOI]R I'ILE CilC,l:K
IN Gi\l(Fl ILD CoUNIY
/.8 SOLLITE
uNDliir cll0uNl)\^/ATEn nrclms
Anrl thc Rcfcrce )ruvin6 made tlre investl6atlono requlred
by Article 2I of Clraptcr IlrB, C.ll.S. 196), as arTrcndcd does trereby
make the f ollowin6 r'uIirrg, Lo vi t :
. Tlris applicati on was re f crred to tlte water Ref crcc of
Hatcr Division X", 5 on tlre 1?-*!-h clay of Julv , J-9? 2 '
titlllarns Peak Land ComPanY
c/o Apple lnn aE Sunllght Sl(I Area
1 Clenr.rood S prlngs , Colorado
2. The name of thc structure is The }{aln llell
). The l.egal <Jescription of the otruc ture la : fhe r'relt Is Located
Irr rnJ SrrtU.rt of Sectj.on 33 T. 7 S,, Rl S9 1.1. qf the 6rh
P. t,1. aL a poinL I175 [eeE East of f he I'lesE llne l"ttd 22t+5
SouLh of the i'lorth llne of sald SecLIon 33.
lr. Tlre depth of the well is 360 f eeL.
!. The <late of lni tio t.ion of oppropriation le I'tay. 1967 '
The rrrnount of vaLcr clairned is O. 1t cublc f Oot Per
second of tlme' -
Tlre use of the vaLer is domestic, - f tie protecf Ion, drlnl<Ing ant
sanitary f acllities f or cornrnercial buslness, larrn waterltg.
Thc State EnS,inccr's nutnber is none .
t. The Prlority date is ltry 31, I967,
10. '.fhe date ol the applicaLion vas June 30; 1972.
It, is the ruling of the Rcfcrce that the otatemcnto ln the
application arc Lrue and th;rt t)rc abovc described vator rl5ht' ie
."pp.ored and 6rontcrl tlrc inclicatcd priority; subJecL, howeverr to
oII corlicr priqrity ri;hts of otltcrs
It is occorclinl;Iy ordcrcrl that this rulinS shnll become
cf [cctivc upon f iling wi tlr thc llatcr CIcrk, cubject to Jutllclal revlcv
as provided by )av.
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Ju-.;renu ond Dcct'co of thls court'
lir: f erec
Divinion No. ,
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Dotod:
March 2L, 1995
Sunliqht Bavarian fnn
10252 County Road 117
Glenvood SPriil9s, CO. 81501
Mr. Peter Brigham,
By contr
Sk i Sunl ight
The Sk i
currently at
faci 1 ity has
lot 28 of the
I f there are
act the Sunliqht Inn
Wastewater Treatment
Sunliqht I{astevater
50t capacity during
srrfficient capacity
Sunliqht Inn exempt
any additional quest
has the right to use the
Facility.
Treatment FacilitY is
maximum usage. The
for the proposed duPlex on
ion, for residential units.
ions please contact me.
(* c- l^N/
Thomas C. .rJnf. ourr{,General Manager
cc. Leonard Lorentson
-q'
DppanrMtrNT on EUERGENcY SnRVICES
ITMS . IIIRII ITESCUI'
3-17-95
Mr. Peter Brigham
Sunlight Inrt
10252 County Road I l7
Glcnwood Springs, CO. 8l 601
Dear Pcter,
In reference to your property on I 17 roacl, I wish to aclvise you that this property is within the
boundaries of the Glenwoocl Springs Itural Fire Protcctiotr District and fire protection will
continue as it does now. please be advised that any further devclopment other than the proposed
duplex will require that fire protection water supply as well as otlter related requirements will
need to be addressed.
If you have any questions, please give nte a call at 945-2575.
Jack Jones Asst. Chief, Glenwood Springs
Dept. Of EmergencY Services
cc: file
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