HomeMy WebLinkAbout2.0 BOCC Staff Report 09.13.1993• •
BOCC 9/13/93
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
An exemption from the definition of
subdivision.
Richard Dever and Dorothy Dever
A parcel of land located in a portion of
Section 1, T6S, R90W and Section 33 T5S,
R89W of 6th P.M.; Located approximately
3/4 miles west of Glenwood Springs.
SITE DATA: 165.87 Acres
WATER: Wells
SEWER: Proposed ISDS
ACCESS: Access Easement from 6 & 24
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District C - Rural Areas (Minor Environmental Constraints) as
designated on the Garfield County Comprehensive Plan Management Districts' Map.
H. DESCRIPTION OF THE PROPOSAL
A. Site Descri to ion: The parcel is located west of the City of Glenwood Springs,
west of the Mitchell Creek drainage. The property is currently undeveloped, and
in native vegetation, with the exception of a road cut that extends to the
northern portion of the property.
The topography of the site is similar to other properties in the West Glenwood
area, rising steeply from the Valley floor. The assessor's office considers only 15
acres of the entire parcel as "buildable", and the applicant is taxed accordingly.
Staff conducted fieldwork at the site, and has concluded that the two exemption
parcels both have acceptable building envelopes at the southern portions of each
property.
• .
A vicinity map is attached on page el.
B. Project Description: The applicant is requesting an exemption to split the 165.87
acre parcel into three (3) parcels of approximately 126.38, 24.66 and 14.83 acres
in size. Since the 126.38 acre parcel exceeds 35 acres in size, only the two smaller
lots are subject to the County's exemption process. A schematic of the proposed
exemptions (1"=200')will be presented at the hearing. A copy of Mr. Dever's
cover letter is attached on page 9 .
C. Background: The property was subject to prior exemption in 1981 (Resolution
81-386 attached on page 10-11 ). The 1981 exemption created two parcels of
165.87 and 13.57 acres in size. The larger tract of these two tracts is the subject
of this application.
M. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "No more than a total of four (4) lots, parcels, interests
or dwelling units will be created from any parcel, as that parcel was described in
the records of the Garfield County clerk and Recorder's Office on January 1,
1973, and is not a part of a recorded subdivision; however, any parcel to be
divided by exemption that is split by a public right-of-way (State or Federal
highway, County road or railroad) or natural feature, preventing joint use of the
proposed tracts, and the division occurs along the public right-of-wayornatural
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;
B.
The applicant has submitted documentation (Warranty Deeds, etc..) that
establish the status of the parcel back to the early 1900's. Records in the
Garfield County Clerk and Recorder's Office indicate that the parcel as
approximately 179 acres in size prior to January 1, 1973. Based on Section 8.52,
and the previous exemption approved in 1981, the property is eligible for three
(3) parcels through the exemption process. Additional splits are possible only
through the full subdivision process.
Zoning. All lots conform the two (2) acre lot minimum lot size for the A/R/RD
zone district.
C. Legal Access. The applicant currently has access to the property via State
Highway 6 & 24. The access road continues through the property providing
access to both exemption parcels. No additional driveway permits are necessary.
D. Water and Sewer. The applicant currently maintains exempt wells on both
exemption parcels. Adjudicated water rights documentation has been submitted
to the planning department. The applicant will provide copies well permits for
both exemption parcels at the time of hearing.
Individual ISDS is proposed for each exemption parcel. Soil units on the site
include Ansel/Anvik (#8) and Jerry (#67). Both of these soil types are
considered to have severe constraints for septic tank and absorption fields,
primarily due to slope and slow perc rates. Staff suggests a plat note to address
• •
these limitations.
E. State and Local Health Standards. No State or Local health standards are
applicable to the application.
F. Drainage. No drainage easements appear to be necessary, but should be verified
on the field by the applicant's surveyor.
G. Fire Protection. The proposed exemption is located in the Glenwood Rural Fire
Protection District. Jim Mason has reviewed the project, and had the following
comments:
1. Pursuant to the Uniform Fire Code of 1992, a water supply capable of
adequate fire flow is required.
2. Some form of fire protection system, capable of providing 500 gallons per
minute at a minimum of 20 PSI residual pressure is required for a two-
hour duration is required. Mr. Mason's letter is attached on page I _ .
Staff has been trying to contact Mr. Mason regarding specific infrastructure
needs on the site for fire protection. At the time of this writing, staff has not
spoken to Mr. Mason directly regarding his comments.
H. Easements. The Final Exemption Plat must include access easements, water
easements (if necessary) and any easements necessary for drainage. If the Board
requires that a cistern be available on the site, appropriate easements will also
be necessary.
I. School Impact Fees. The additional lots are subject to the required $200.00 per
lot school impact fee.
J. Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural
Hazards Mapping for the site. The two exemption parcels are not located within
an area of Soil, Slope, or Groundwater/Septic System constraints, although the
upper parcel, not subject to this exemption, has considerable limitations due to
slope.
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 that 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.
3
•.D
• •
V. RECOMMENDATION
1. 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 of approval.
2. A Final Exemption Plat will be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, and any proposed easements for
drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners
for signature. Extensions of time may be granted if requested prior to the
expiration date.
4. That the applicant submit $200 in School Impact Fees for the creation of each
new lot.
5. Control of noxious weeds is the responsibility of the property owner.
6. The following plat note shall appear on the plat:
"Engineered Individual Sewer Disposal Systems may be needed on the site due
to potentially slow percolation rates. Specific percolation tests at the time of
building permit will determine waste water requirements on each exemption
parcel."
•"..-L14
ir-d!
I
)11 ij
I
•
_;11 1111 ff
•
7600
1)
,
1
".•
-
\
-•••••..\
, '
4( $,
/ • ....
1111 I.,
....7,r; .i.11,.. •
;A '1 . ‘ ' • !,. • . . .
...-,
. '
11 1 '-
„ill 1((1
:••• • ••
el
•
• 17.1., ./:• •
• 5•
• )
• `.1
111
II Glm,vpod Swings
(,o1rCdtuse
,
0:6
6 503 ,vr
4; •
4i
• ,
1 / .14q)e•il?t P? )116 \
1 / z•
./ • 1. • •
I,' !Trailer
11 -1 •
II 14
. •- -- -
,_---,„.. 5
• - --.'•
......,_:_,,z_, -•:>%*..ss•••.„.......,
\
--4----1-: ' ____
.-.; .-C,i -.'73.--.,,,,.,,-7-i-77,--7. ' \
se y _
I r - - -.--- - -
-...--%,' •----
\,(
ii
/ ,:•.,1„.-„ff,---1:::-.
III-. -,,
)(.,,
',
M
) I (• W, fr<-.„---___-.'' it --. ,_,11-1-f-7" - ,,,.
••_
•
111
.v17,111fil
118(
32' 30'4
1119
8
c -:T"
c•
\A,
ITC!1;i:ii;
,
--_L__
IN RED
1ELLo (Jo
Sf3-35"
V to 14 MP.?
Ili
If
August 3, 1993
To the honorable board of County Commissioners of Garfield
County, Colorado
My name is Richard Dever and me and my sister Dorothy Dever
own a parcel of land in west Glenwood Springs directly west
and north west of Ami's Acres campground. The parcel contains
approximately 165.87 acres and I will be refering to it as tract
B in this application.
I think it would be appropriate and helpful to all
concernedif I state how my sister and I came to own this property
and what has occured since we became the owners. Our father,
Austin Dever, passed away on March 8, 1977 and willed us this
property. Then on April 7, 1978, Willis Parkison, the executor
of our fathers estate and personal representative transfered
the ownership of this property to us in the form of a personal
representative's deed, Book 508, Page 319. I have enclosed
a copy of this deed with this application. At the time this
deed was issued to us the parcel contained 179.44 acres.
Then in 1980 I decieded to move onto the property so I
could better manage the property. I approached my sister
about buying her undivided half interest in a small portion
of the property so that I could develope a homesite for myself.
She agreed to the location that I chose and I then applied for
and was granted an expemtion by the board of County Commissioners
of Garfield County, Colorado -resolutions numbers 80-236 and
'81-386. Out of this resolution two tracts were created: Tract
A, containing 13.57 acres where I now live and Tract B,
containing 165.87 the parcel we now would like to further divide
into a total of three more tracts. It is my understanding that
this can be accomplished if we qualify under C.R.S. 1973, 30-
[28-101. I believe that we do.
My sister and I believe that the nature of our ownership
as well as the topography of the parcel warrant this division.
Along with this letter I am enclosing a petition for
exemption and most of the required additonal information required
in the petiton. Any and all additional information will be
provided as requested.
My sister and I look forward to working with the
commissioners on this matter.
Sincerely,
Richard Dever
IMO
9
STATE OF COLORADO
ss.
County of Garfield
At a regular meeting of the Board of County Commissioners for Garfield County, Colorado,
held at the Court }louse in Glenwood Springs on Monday. the 2.151 day of
December A. D. 19 81 , there were present:
Larry Velasquez
Commissioner Chairman
Flaven J. Cerise , Commissioner
Eugene Drinkhouse , Commissioner
Earl G. Rhodes , County Attorney
Leanne Cleland, Deputy , Clerk of the Board
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 81-386
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE GARFIELD COUNTY SUBDIVISION
REGULATIONS FOR RICHARD DEVER AND DOROTHY DEVER FULLER.
WHEREAS, Richard Dever and Dorothy Dever Fuller have petitioned the Board of
County Commissioners of Garfield County, Colorado, for an exemption from the definition
of the terms " subdivision"and "subdivided land" under C.R.S. 1973, 30-28-101 .(10)
(a) -(d), as amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted January 2, 1979, Sections 2.02.21 (d) and 3.02.01 for the division of a 179
acre tract described as follows: That parcel of land as described in Document No.
284660 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado
into 2 tracts of approximately 13.57 and the remaining 165.43 acres each, more or less,
which proposed divided tracts are more particularly described as follows:
TRACT A: A parcel of land situated in Lot 1, Section 1, Township 6 South, Range
90 West of the 6th Principal Meridian. Said parcel of land is more fully
described as follows: Beginning at the Northwest corner of said Lot
1, thence southerly along the west line of said Lot 1, 1075 feet, thence
East 550 feet, thence North 1075 feet more or less to the North line
of said Lot 1, thence Westerly along the North line of said Lot 1, 550
feet more or less to the Northwest corner of said Lot 1, the point of
beginning, containing 13.57 acres, more or less.
Togethet with a right-of-way'for ingress and egress arid a right-of-way
for a pipeline from the Dever Well No. 2 over and across the following
.described parcel of land, to -wit: StNEi and Lot One of Section 1,
Township 6 South, Range 90 West of the 6th Principal Meridian. WzSE-
and NEkSW1/4 of Section 33, Township 5 South, Range 89 West, 6th Principal
Meridian.
(in the State of Colorado and County of Garfield); and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that the proposed division
does not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised
Statutes 1973, as amended, for the reason that the impact created does not warrant
further subdivision review, and
WHEREAS, the Petitioners have demonstrated to the satisfaction of the Board of
County Commissioners of Garfield County, Colorado, that there is a reasonable proba-
bility of locating domestic water on each of said tracts, that there is adequate
ingress and egress to said tracts, that the location of septic tanks will be permit-
ted by the Colorado Department of Health, that the requested division is not part
of an existing or larger development and does not fall within 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 land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -
(d), as amended;.
NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts
"A", "B", from the above described 179 acre tract is hereby exempted from such
definitions and said tract may be divided into tracts "A", "B", all• as is more
fully described above, and said divided tract may he conveyed in the form of such
smaller tracts without further compliance with the aforesaid subdivision statutes
and regulations; provided, however, that this exemption is granted on the condition
and with the express understanding and agreement of the Petitioners that no
further exemptions be allowed on said tracts "A" and that a copy of the instrument
or instruments of conveyance when recorded shall be filed with the Resolution.
ATTEST: BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
. D
Dep ty Clerk of the Board .Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
..z.ICY Ve.1.a2qU.e.z Aye
.... Aye
Eugenw DK'.k.T i 11R.US. Aye
Commissioners
STATE OF COLORADO
County of Garfield
I , County Clerk and ex -officio Clerk of the Board of County Commissioners
in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of
the Proceedings of the Board of County Commissioners for said Garfield County, now to 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 C
DEPARTMENT OF EMERGENCY SERVICES
1)rR77:_
, Ems • FIRE • RESCUE
.)c
`:.7
N
- ..f..--\�i
IV 0 9 1995
1
August 31, 199,3.. r:..._. ..-._. f..�
Mr. Mark Bean, Planning Director
Garfield County Planning Dept.
109 8th. Street
Glenwood Springs, CO. 81601
Re: Dever Property Subdivision
Dear Mark,
Mr. Rick Dever has requested a letter from our department stating
his property at 49897 U.S. HWY. 6 & 24 is within the boundaries of
the Glenwood Rural Fire Protection District. This letter will
confirm that this property is within our jurisdiction.
It is further our understanding that Mr. Dever wishes to split the
property into four lots for four single family residences.
Pursuant to Uniform Fire Code 1982 as adopted by our district, a
water supply capable of supplying adequate fire flow would be
required.
As a general rule of thumb in rural type situations 500 gallons per
minute at a 20 PSI residual pressure is required for fire flow.
This supply should be available for a two hour duration and be
above what is required for domestic use.
Access to the project should also be reviewed. We would be happy
to discuss the above requirements and any other concerns with the
applicant if necessary.
Sincerely,,
James S. Mason, Director
Glenwood Emergency Services
cc. Mr. Richard Dever
Z 4111.
806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597
Llv