HomeMy WebLinkAbout2.0 BOCC Staff Report 12.18.2000REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
B of CC December 18, 2000
PROJECT INFORMATION AND STAFF COMMENTS
SB -35 Exemption
WATER:
SEWER:
EXISTING & ADJACENT ZONING:
Jim and Jackie Gilbert, represented by
Walter E. Bro
Approxi ately 13/4 mile • north of the City of
Rifle.
A relatively fla =' - - : gro d
approxima - 1 3/4 miles no l of the City of
Rifle alon the Stat- - ' - way 13 corridor
City of Rifle or shared well
City of Rifle or ISDS
The property is zoned A/R/RD.
Surrounding zoning is A/R/RD and City of
Rifle.
L RELATIONSHIP TO THE COMPREHENSIVE PLAN
The proposal is located in Study Area III of the Comprehensive Plan.
DESCRIPTION OF THE PROPOSAL
a. Site Description: A relatively flat piece of ground approximate two miles nort
the City of Rifle along the State Highway 13 corridor.
b. Project Proposal: To divide a 16.4 acre parcel of land into two lots. One consisting
of 4.61 acres and the other 11.79 acres.
c. History: This 68 -acre parcel of land has existed since the 1945 sale from Ingersoll to
Doak. At that time this parcel was split into two pieces of land (17 and 51 acres) by
a county road. In 1979 the larger of the two parcels of land was split by Exemption
into two parcels of land consisting of 42 and 16 acres (Resolution Number 78-133).
From the smaller of the two parcels (of the 1945 sale) the following occurred: In
1978 the Doak -family granted by quitclaim approximately one-half of an acre to
Garfield County for public use right-of-way. In 1981, again the Doak -family
quitclaimed approximately one-hundredth of an acre to the City of Rifle, again for
the use of public right-of-way. The Doak -family transferred the property to the
Gilbert -family, Jim and Jackie, by Last Will and Testament in 1986. In 1986 the
Gilbert -family conveyed to the State Department of Highways, Division of
Highways, State of Colorado for public use right-of-way approximately one sixth of
an acre. Therefore two exemptions should still remain for this property.
IL MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8.52 of the Garfield County
Subdivision Regulations states 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], 1973. In order to qualify for
exemption, the parcel as it existed on January 1, 1973, must have been
larger than thirty-five acres in size at the time and not a part of a
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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), preventing the joint use of the proposed tracts, and the
division occurs long the public right-of-way, 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 lot, parcel, interest or
dwelling unit limitation otherwise applicable. For purposes of the
definition, all tracts of land thirty-five acres or greater in size, created
after January 1, 1973,will count as parcels of land created by exemption
since January 1, 1973.
This request meets these requirements in the following ways: This parcel
of land is not part of a recorded subdivision. This 68 -acre parcel existed
prior to the 1/01/73 date but was split by a public right of way. The larger
piece of ground was split into two parcels, by Exemption in 1978. The
smaller parcel of land has remained largely intact since the 1945 purchase
of Doak from Ingersoll with the exception of three quitclaims for public
rights-of-way use.
B. Zoning: The property is currently zoned A/R/RD and surrounded by
City of Rifle.
C. Legal Access: Colorado State Highway 13 adjoins the property to the
immediate west. County Road 296 is the easterly -most boundary of this
property so access should not be a problem. In either case the applicant
will have to contact the appropriate agency for an access permit.
D. Water: The applicant has applied to the City of Rifle to tap into their
water main that runs near this property. If the City approves their request
the applicant should have water sufficient for domestic use. Should the
applicant be denied the privilege of tapping into the City water line the
applicant will apply for a for a multi -family well permit, supported by a
plan for adjudication of the existing well. If the well is to be shared a
homeowners association will need to be established. If a well is used to
serve both of these parcel the following well criteria will need to be met:
1) That a four hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3) The results of the four hour pump test indicating the pumping rate in
gallons per minute and information showing down draw and recharge;
4) A written opinion of the person conducting the well test that this well
should be adequate to supply to the number of proposed lots;
5) An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
6) The water quality be tested by an approved laboratory and meet State
guidelines concerning bacteria, nitrates and suspended solids;
7) A water sharing agreement will be filed with the exemption plat that
defines the right of the property owners to water from the well.
E. Sewer: The applicant is petitioning the City of Rifle for inclusion into
their sewer treatment system. If the City of Rifle denies use of their
sewer treatment facility the applicant is proposing an ISD system. There
are five different types of soils on this property all having characteristics
that limit development of buildings and septic systems. Most significant
of these limitations are: the soil's slow permeability, high clay content,
shrink/swell potential, and low soil strengths.
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F. State and Local Health Standards: Colorado Department of Public Health
and Environmental ISDS standards require the County to issue an ISDS
permit for all such systems installed in the County.
G. Drainage: This parcel is located outside the floodplain and therefore has
minimal susceptibility to flooding.
H. Fire Protection: This property is located within the boundaries of the Rifle
Fire Protection District. The Rifle Fire Protection District made no
negative comments; instead they stated they would provide fire and
emergency medical services to this area (copy attached).
I. Easements: Any required easement (drainage, access, utilities, etc.) will
be required to be shown on the exemption plat.
J. School Impact Fees: The applicant will be required to pay the school site
acquisition fee for each newly created lot, prior to the approval of this
exemption request.
IH RECOMMENDATION
Staff recommends Approval of this request for an Exemption from the Definition of
Subdivision with the following conditions:
1. All representations by the applicant, whether written or spoken,
will be considered condition (s) of approval.
2. All school site acquisition fees will be paid and a copy of the
receipt made part of this file.
C:/Gilbert Exemption
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