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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.04.1986• • BOCC 8/04/86 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Exemption from the Definition of Subdivision APPLICANT: Robert and Teresa Carter LOCATION: A tract of land situated in the SW 1/4 NE 1/4 Section 23, T7S, R88W, located approximately 4 miles southeast of Carbondale off of County Rd. 112. SITE DATA: The site consists of a 14 acre parcel. WATER: Shared Well SEWER: Individual Sewage Disposal System ACCESS: Private Access Drive EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in Districts C and F, rural areas with minor environmental constraints, and rural areas with severe environmental constraints, as designated on the Garfield County Comprehensive Plan, Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located in a rural portion of the County, with adjacent land uses primarily open space and single family residences. The proposed 10 acre lot has an existing dwelling unit. B. Project Description: The applicant proposes to divide the 14 acre parcel into two lots, 4 acres and 10 acres in size. The lots are proposed to share the existing well. C. History: The existing 14 acre parcel was created in 1974, apparently with no record of any formal subdivision approval. A three lot exemption was proposed on the site in 1979, and was denied by the Board of County Commissioners. (See page /D ) III.MAJOR ISSUES AND CONCERNS A. Soils information on the site and topographic mapping indicates significant considerations for development including slopes, stones in soil, and erosion hazards. B. The applicants well permit was issued in 1979 and can serve up to three dwelling units. Each parcel should receive a deeded interest in the well, with easements for access, maintenance, and waterlines shown on the plot. • • IV. SUGGESTED FINDINGS 1. 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 the meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION Approval, with the following conditions: 1. That the following plat notes be included on the recorded Exemption Plat: A. That all irrigation ditches and easements be recognized and maintained as existing and in place. B. Each lot may be subject to engineered foundations and septic systems. 2. That easements for the private access drive be shown on the Exemption Plat. In addition, the applicant shall submit proof of access to the lots from a public right-of-way. 3. That School Impact fees in the amount of $200 per lot be paid for the creation of one new lot. 4. That both parcels shall receive a deeded interest in the existing well, a minimum of 5 gpm, and that easements for waterlines, access and maintenance of the well be shown on the Exemption Plat. 5. That all shares of irrigation water associated with the property be divided proportionally between the lots. 6. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. ATnru (k Cow dJur0 s -1 0s1 f 4 STATE OF COLORADO County of Garfield At a regular ss. held at the Court House in Glenwood Springs on meetingof the Board of County Commissioners for Garfield County, Colorado, Tuesay , the 5th day of AUguS t A. D. 19..48........ , there were present: Richard C. Jolley Larry Velasquez Flaven J. Cerise Arthur A. Abplanalp, Jr. Nancy Sprick--Page, Deputy when the following proceedings, among others were had and done, to -wit: , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION NO. 80- 179 RESOLUTION CONCERNED WITH THE DENIAL OF A SUBDIVISION EXEMP- TION REQUEST BY ROBERT E. CARTER. WHEREAS, the Board of County Commissioners of Garfield County has received an application from Robert E. Carter for a subdivision exemption relating to tracts of land in SW/4NE/4 of Section 23, Township 7 South, Range 88 West of the Sixth Principal Meridian; and WHEREAS, the Board of County Commissioners has carefully considered the said application together with the recommenda- tion of the Garfield County Planning Director, and has further viewed €he site of the proposed exemption and has considered the circumstances surrounding the said subdivision exemption request and the subject property; and WHEREAS, the Board of County Commissioners has made the following determinations of fact: 1. That the public highway most nearly serving the subject prope:ty, Garfield County Road 112, is incapable of safely carrying additional traffic which would be generated by the granting of the requested subdivisisn exemption; 2. That Roaring Fork School District RE -1 has indicated its unwillingness to serve the proposed tracts, or the access points from the tracts to Garfield County Road 112, with public school bus service, and that in the absence of such service the creation of additional tracts in the area poses a threat to the public safety and health of both children inhabiting the proposed divided site and the safety of other travelers on the subject roadways; 3. That the pressure of the County Road 112 in its present condition generated by additional building sites which would pose a threat to the safety of travelers on said County Road 112 may not, within County funding constraints, be allev- iated in a manner which would lessen the aforementioned hazard and permit the said roadway to bear the additional traffic generated by a division such as that presently before the Board; 4. That the proposed division of land falls within the purposes of the Garfield County Subdivision Regulations and the statutes of the State of Colorado relating to the subdivi- sion of land within this State; 5. That the proposed division of the subject property, because of steep topography and potential natural hazards, features, and conditions associated with the subject property, makes the division likely to be harmful to the health, safety, and welfare of the future residents of the proposed divided land; • • 6. That the growth pattern characterized by the pro- posed division of land is of such form and physical shape that governmental inefficiencies and unnecessary public costs and financial burdens will inevitably result from the natural requirement that the County provide extensions of public ser- vices and public support facilities to the divided land, which services and facilities extensions cannot be accomplished in a planned, ordered, or effective manner; 7. That the subject lands are not suitable for subdi- vision under criteria established by the Garfield County Subdi- vision Regulations for the following reasons: a) That the proposed division of land will not be adequately served by existing streets and roads and presents significant problems related to the intensive use of land and the provision of utilities and services; b) That the proposed division of land is part of an existing and potential larger land development project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Garfield, State of Colorado: That the request for exemption form the Garfield County Subdivision Regulations and the subdivision laws of the State of Colorado by Robert E. Carter be and hereby is denied. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO 4/14,/ti ICl/E Deputy ,1erk of the33oard Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Richard C. Jolley Aye Larry Velasquez Aye FTaven J. Cerise Aye STATE OF COLORADO County of Garfield Commissioners I, , County Clerk and ex -officio Clerk of the Board of County Commissioners :n :.:.d for the County and State aforesaid do hereby cert?fy that the annexed and f-,cgoing Oritcr is truly ccpicd from thc.Rccords c' the Proceedings of the Board of County Commissioners for said Garfield.County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. 1 aspen sports July 24, 1986 Board of County Commissioners Garfield County Glenwood Springs, Co 81601 Gentlemen: 6 - Pe -ire &ec fE6EIjEjj JUL. 3 1. 1986 GARFIELD COUt jy COMMISSIONER* I wish to go ori record as opposing the Exemption request of Robert and Teresa Carter. I purchased my land which immediately adjoins the trac'T of land embraced by the Exemption believing the existing zoning would continue. To allow the Carter's to subdivide their land would create unwanted density. I would also o like to point out that their are existing covenants covering both of these tracts of f land which limit density at the present level. Respectfully, / Ae?' Gale D. Spence aspen sports 408 east cooper street aspen, colorado 81611 303/925-6331 please direct all correspondence to aspen address aspen sports at snowmass snowmass center snowmass village, colorado 81615 303/923-3566 • • PREAMBLET,, It:` is thee purpose of"these, covenants. an4 the- mutuah intention• and expectation of all owners from:time to time;• land's,. which are subject to the covenants., thatsuety lands ber developed and maintained ear. a, low • density, rural residential :.a rea of exeeptional quality..: and, desirebility; ands that the preset* natural beauty,, natura1 growth native setting and environment beforevev preserved to the -greatest extent. possible. /n4 furtherance,, of these goals,. the, following protective covenants; are, hereby imposed- .upon.. the subject lands. 1. As, usedin this.:. instrument-, the term "subject property"' shall. be, deemed to. tholude the parcel owned by Andrew. an& Sue Taylor,,. and:., the:, parcel owned by Travis and; Molly Fulton,_ as shown. on the attached map. 24. Nor buildings or ° structures.: shall be placed. altered-. orpermitted.. to remain on any parcel other - tham=.one-single-family dwelling house and the fol- lowing; accesory ol-lowingaccesory buildings .or -structures : (a) One''.guest house.•.or<. studio and (b) One, attached! or' detached garage. and (c).Barns or stables or other non-residential and non-commeroial.buildings other than a garage.:::; 3. All dwelling houses shallbe located at least 500 feet from, and shall not be in clear view of. existing BOOK467 PAGE 527 other parcels. within the subject. 4: No Mobile homes and no used or previously erected or.°temporary house. structure or nonperm- 'anent: outbuilding<:shall ever•be placed,,erected or allowed remain; ons any parcel... 55. Each building or>structure which is commence-f- on ommenceon any parcel shall. be entirely completed within twenty- four (24).months::after commencement of construction. 6. Nopart^of`any,parcel'shall ever be occupied or used>for any°`commerelal;or-business purpose. excepting personal.. workshops or -studios. nor, for any noxious actin vlties „ and nothing shall be. doneor'permitted to be done•on anr.of the.subject.property which is a nuisance, or•might. become4a nuisanceto the owner of. the adjacent 7: Noparcel.•shall ever -be -subdivided into smaller: parcels nor conveyed or encumbered. or leased or -,rented in any -less: thtr-the full original dimensions of -such parcel... 8.. No reflecting roofs shall ever be used or be permitted to remain on any.buildings or structures lo- cated within,the,subject property. All exterior lighting shall receive the•approval of both owners for the fur- therance of harmonious development and.. the prevention • ,of lighting, nuisances.. No commercial orlindiscriminate cutting, of treesshall. ever;' be permitted on any of the 9..,Theser- covenets shall: remain', binding, and effective, until,. June 15. 1994-o, and from and after suchdate shall be automatically extended in their entirety, for suocesivec ten (10) year periods unless ands until a written declaration terminating such covenents has been exeouted; acknowler,ged by the thew current. owners of the subjectproperty and recorded • in the real. property records, of. Garfield County. In the event title. to any., portion of the. subject property ever reverts, ta. an agency of. the United. States Govern ment'.these covenants shall automatically terminate with respect,. to such reverted parcel. , 10. Thesecovenants, may be. amended at any time bythe recording in.r the Garfiled County records of a reslution of amendment executed and acknowledged by the them, ourr9nt owners'. of both parcels. ii. Should. any part. or- parts of these covenants be- declared. invalid, or unenforceable byany court of competent jurisdiction. such decision shall not affect tha validity of the remaining covenants. ..L. • bOLr16"er,L" `-�6 t3� . � SEP 191974 Recorded at..10 o'clock _ .Reception No.__ -._.'264114 (1 Ella Allens. Recorder RIC}}T OF WAY AND EASEMENT AGT EEtENT FOR ROAD PURPOSES THIS AGREEMENT Made and entered into this 6th day of June, 1968, by and be •en JAMES W. COZENS and DORIS I. COZENS of the City and County of Denver, hereinaft referred to as "Cozens", RICHARD C. MARTIN and WILMA S. MARTIN of Garfield Count Colorado, hereinafter referred to as "Martins", CARBONDALE LAND DEVELOPMENT CO ORATION, a Colorado corporation, hereinafter referred to as "Corporation", and 0. LOUIS WILLE and LYNETTE WILLE of Pitkin County, Colorado, hereinafter referred to as "Willes", WITNESSETH: WHEREAS, Cozens are the owners of the SEStNElt of Section 23, Township 7 South, Range 88 West of the 6th P.M.; and WHEREAS, Martins are the owners of the NESE} of Section 23, Township 7 South, Range 88 West of the 6th P.M.; and WHEREAS, the Corporation is the owner of lands in Section 14 and in Section 23, Township 7 South, Range 88 West of the 6th P.M.; and WHEREAS, Willes are the owners of the SW',,NF1t of Section 23, Township 7 South, Range 88 West of the 6th P.M., all of said tracts being in Garfield County, Colorado; and WHEREAS, a roadway and easement has been surveyed and laid out from a point on the county road where said county road crosses the north line of the NE1/4SJ1/4 of Section 23, Township 7 South, Range 68 West of the 6th P.M. in a general westerly direction across the lands of Cozens, Martins and part of the lands of the Corporation up to the lands owned by Willes as described above to provide a means of ingress and egress to the parcels of land owned by the several parties to this agreement; and WHEREAS, th,2 parties desire to reduce to writing their agreement granting easements and rights of way for road purpises along the course of said roadway for the use and benefit of the lands owned by the parties and as above described, NOW, ZriEREFORI, in consideration of the premises, in consideration of the benefits accruing and to accrue to each of the parties hereto, and in consideration of the granting from each party hereto to the other parties hereto of the easement and right of way hereinafter described, it is agreed as follows: • • -2- BOU' G4 P.,LE 1. Cozens and Martins hereby grant an easement and right of way unto each other and unto the Corporation and to Willes acresd the following described property to be used as a roadway in common by all of the parties to this agreement, as follows: An easement 60 feet in width to be used as a roadway situated in the SE}NE} and NESE of Section 23 in Township 7 South, Range 88 West of the 6th Principal Meridian, described as being 30 feet on each side of the following described center line: Beginning at a point on the Westerly right-of-way line of a county road as constructed and in place whence the East 1/4 Corner of said Section 23 bears S. 88°36'15" E. 500.93 feet; thence along said center line S. 80°06'08" W. 98.85 feet; thence 98.27 feet along the arc of a curve to the right having a radius of 67.88 feet, the chord of which bears N. 58°25'22" W. 89.91 feet; thence N. 16°56'52" W. 166.84 feet; thence 134.32 feet along the arc of a curve to the left having a radius of 98.34 feet, the chord of which bears N. 56°04'37" W. 124.12 feet; thence S. 84°47'38" W. 51.39 feet; thence 144.48 feet along the arc of a curve to the left having a radius of 135.21 feet, the chord of which bears S. 54°10'55" W. 137.70 feet; thence S. 23°34'11" W. 164.76 feet; thence 43.25 feet along the arc of a curve to the left having a radius of 1243.82 feet, the chord of which bears S. 22°34'24" W. 43.25 feet to a point on the Southerly line of said SE}NE} whence the Northwest Corner of said NEkSE} bears N. 89°49'42" E. 163.08 feet, all Garfield County, Colorado. 2. Martins hereby grant an easement and right of way unto the Corporation and Willes across the following described property to be used as a roadway in common by Martins, the Corporation and Willes, as follows: An easement 60 feet in width to be used as a roadway situated in the NE3LSEk of Section 23 in Township 7 South, Range 88West of the 6th Principal Meridian, being 30 feet on each side, of the following described center line: Beginning at a point on the Northerly line of said NE}SEk whence the Northwest Corner of said NE}SE} bears N. 89°49'42" E. 163.08 feet; thence along said center line 96.61 feet along the arc of a curve to the left having a radius of 1243.82 feet, the chord of which bears S. 19°24'30" W. 96.59 feet; thence S. 17°07'38" W. 129.64 feet; thence 98.75 feet along the arc of a curve to the right having a radius of 254.66 feet, the chord of which bears S. 28'14'07" W. 98.13 feet; thence S. 39°20'38" W. 60.56 feet to a point on the Westerly line of said NE}SE} whence the North- west Corner of said NE}SE} bears N. 01°19'49" W. 347.98 feet, all Garfield County, Colorado. 3. The Corporation does hereby grant an easement and right of way unto Willes across the following described property to be used as a roadway in common by the Corporation and the Willes, as follows: An easement 60 feet in width to be used as a roadway situated in the NWiSEt of Section 23 in Township 7 South, Range 88 West of the 6th Principal Meridian, described as being 30 feet on each side of the following described center line: Beginning at a point on the Easterly line of said NW}SE;; whence the Northeast Corner of said N'W1SEt bears N. 01°19'49" W. 347.91 feet; thence along said center line S. 39°20'38" W. 128.42 feet; thence 116.18 feet along the arc of a curve to the right having a radius of 188.71 feet, the chord of which bears S. 56°58'54" W. 114.36 feet; thence S. 74°37'10" W. 336.82 feet; s bnr.464 -3- thence 118.09 feet along the arc of a curve to the right having a radius of 75.49 feet, the chord of which bears N. 60°33'55" W. 106.42 feet; thence N. 15°45'00" W. 36.44 feet; thence 115.34 feet along the arc of a curve to the right having a radius of 169.65 feet, the chord of which bears N. 03°43'37" E. 113.13 feet; thence N. 23°12'14" E. 163.52 feet; thence 184.00 feet along the arc of a curve to the left having a radius of 299.91 feet, the chord of which bears N. 05°37'39" E. 181.13 feet; thence N. 11°56'56" W. 67.88 feet to a point on the Northerly line of said NWZSEt whence the Northeast Corner of said NWZSEk bears N. 89'49'42" E. 521.06 ieet, all Garfield County, Colorado. 4. Willes do hereby grant an easement and right of way of 60 feet in width unto the Corporation across the following described property to be used as a roadway, as follows: The Southwest Quarter of the Northeast Quarter (SW}NEk) of Section 23, Township 7 South, Range 88 West of the 6th P.M., Garfield County, Colorado, said easement and right of way to be for the benefit of lands owned by the Corporation in Sections 14 and 23, Township 7 South, Range 88 West of the 6th P.M., Garfield County,, Colorado, the location to be at the approval of the Wille s. 7 O,,, 4 5. This agreement may be executed in counterparts and each executed counter- part shall be considered an original instrument for all purposes. 6. This agreement in all of its parts shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, devisees, grantees, successors, personal representatives and assigns, and each of the Provisions hereof shall be deemed to be covenants running with the lands herein described and owned by the parties hereto. Dated and signed the day and year first above written. ,.ttest^. GO 71 Sect%tary res W. Cozens� 7i .L�' Doris I. Cozens Richard C. Martin Wilma S. Martin CARBONDMi: LAND DEVELOPMENT CORPORATION By / t (/ cc? `J (111• Vice -President O uis Wille L net:te Wille • 4:1'" - 0 • 40 _ 110M4/00sibbab alltir IBM 1.011Ib 110110101111 110100111411 eal11111011116 4 sommilm JIM 10 • Sara Otal• 1. lot to ale ao woo • ram. Oro Choy ••••••• So Or moo mil rovono ofo i ••• 4," • it- • r - • Dock !r05 :40cl:tr.:le4 at 4;54 Y.n. Juste 1968 Pug* ?5 '44Pcortio4l %o. :s41105 Chas.....L0ecan,A0cordor. 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M. ..r 04 • t. 4. . { 4 : e. • . ser �M one Etlr -moi Meir 'Sr W. 01.23 Sue K MJt WWII. or 23140011' es tie Were lime et Mums unto tee C.eporeties • r..bq t. •.. e lt.•1. l 00Mgo t •bee .l tb. w tee Yf • Lome to the t•1 boor. r ter • t. foot tar bortb- te foot, r slot .1 •.7 ..••t. • . 11111, •wow. •'T t•. • • • leek 995 103 Obese. 111.09 feet sloes tri. • s .t • sum se the el.. • radio. .f 11.•1 toot. the chimed K table& being 1, beep S� .. r. 101.412 feet: tHeue. C. 1S•4S•M' U. )i,K pmt: taem.e 11S.S• feet aloes tike ars of • w mo of 1411.65 feet. the card .f tA1•av t•. 014[ 3r 1. frtee feet. thee.. ■, 21.11'1' 1. l4).S2beer. N. gorse M1. R. D.l>t bet: tb•... 11•.00 •Loag tee are .l • orae L. Che Lott berbei • coda.. rpt Al feet, the chord .f yLoa bear. 1. O1•31'11O 1. 111.1) thence ■. 11'96 '16- W. 411.60 feet t. • resat w Ur U Its. of said 0106011 eaomre the a.rtfr.gt Cormier .f waid t beer. e. 1r4,47' O. 521.041 l..t. aft 6•rfleY County. 4. r t 1 l.. de be roby r.rt e. ..w int r type of giep e .oto tA, Corp.•r.tlw servo. the follo*Ifts described property to be •. follows Tar 1..tlbeot quarts of um. eertberat ~ever f>•(t1:t) of feet. . .) • Toonohip. 7 Louth • now M rest of t1. 4106 r. G.r(t.l• Comte Co Loral., •bio 06104111•01. .•d rt,10lt of •.7 to b• or tee bane 11 of 1•.1t• mime/ 60 foot Le width w • roof/1w, tae C..e/lelr. 1. L•tttamo t: son '•, T:41•111,0 7 1•.ta, tame, A Moot • r tbe se1, f lirlr[ie L County. C.: ',rod . • n'$. .�r...e.t 1*1• ogroltwot M' 1e •a.c.tet to T....c•rport. ..41 !roiled.' teettlt•..' for •11 purpose•. to •11 of it. pert. •6.11 be btu• ty h. r. tr ••l, Voir heir., 410-t.•e•, r ti✓ *WO 1 seert r•p•••• eta t lee• N •• •t1w• •e/ ••.♦ .f floe prowl •LOahe ser ( UAW 11 bilt de•.4 v_w..t• r woo tag •iib 14. imod • tweet. dooms 2, timid mod ewer b7 • • .•l .mat )1110mJ 1•. ••. •a1 •.•r 1tr•1 Ammo rt tt t.. ' •. s. port 1.• ..rotor. • . Mea'. 1,mt:•1. 1. e..• i'Jr .. 1•••11114, ait-1-"lbn •. lo. 1 . L. I t. •+. • ••:"I • • r „ • • • Jo.y 27. 11124 1 %1. by Fall r. 1141U as • lm.- Pr.. ls.a , w wan W. Mari. .. CAMS Noll t -*W1 ,wT a trniuTnlR ...>.ti„�.t 1,•.. r1. $ t•1 tam a.1 .tticf.l ...1. 'y manalu1gm *molt.. •t. ...m .rvf,..t s.. w.tn.:..dr..t �-""�' •t ". UA ti ::l�.w tam FTI .lu.r. r_ 1