HomeMy WebLinkAbout2.0 Staff Report• •
BOCC 7/18/89
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION :
SITE DATA:
WATER :
SEWER:
ACCESS :
EXISTING ZONING:
ADJACENT ZONING:
Exemption from Definition of
Subdivision
W. J . & Nadra B . Colohan
A tract of land situated in Section
12, T7S , R89W; approximately 4
miles south of Glenwood Springs ,
off C.R . 109.
The site consists of a 13 .5 acre
tract.
Shared or individual wells
Individual Sewage Disposal System
County Road 109
A/R/RD
A/R/RD
I . RELATIONSHIP TO T HE COMPREHENSIVE PLAN
The site is located in District B,
1/2 to 1 mile radius, Moderate
designation on the Comprehensive
based on proximity to the Westbank
Subdivision/Rural Serviceable Areas
Environmental Constraints. This
Plan Management District 's Map is
Subdivision.
II. DESCRIPTION OF THE PROPO S AL
A. Site Description: The site is located in a rural portion of the
county with adjacent land uses primarily single family
residential, agricultural, and open space . Slopes on the site
are moderate with native types of vegetation. currently, there
are no improvements on the site, except for an existing well .
B . Project Description: The applicant proposes to divide
acre tract into two lots each 6.75 acres in size .
including gas , electric and phone are represented
available and the existing well is noted to have
capacity.
the 13 .51
Utilities
as being
22 G.P .M.
C. History: The applicant has submitted documentation establishing
that no lots have been created out of this tract since 1966.
III.MAJOR ISSUES AND CONCERNS
1. The application has been referred to the State Division of Water
Resources . They have indicated that they are still reviewing the
request, to determine if additional well permits will be
available.
2. A letter from Ernest Delto commenting on the application is
enclosed . (See page?~ /0 )
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3. Soils information on the site indicates that the main limitation
for homesite development is large stones and boulders.
4 . The applicant's existing well permit
unit. An additional well permit will
the State Division of Water Resources.
IV. SUGGESTED FINDINGS
is limited to one dwelling
need to be obtained from
1. That proper posting and public notice was provided as required by
law 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.
V. RECOMMENDATION
APPROVAL, with the following conditions:
1. That the applicant submit evidence of a domestic water source for
each of the proposed tracts, consisting of an additional well
permit or other verification acceptable to the Board of county
Commissioners.
2. That the applicant submit a letter from the appropriate Fire
District indicating that they serve the proposed site.
3. That the applicant obtain driveway access permits or a letter
stating that permits would be issued, from the county Road and
Bridge Department for all new access points onto county Road 109.
4. That the applicant submit $200 in School Impact Fees for the
creation of one new lot.
5. 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.
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'()/ )J~ Route
~ Bard of (/ if Garfield
County Commissioners J UI_ U _ ''.'J9
D Arnold
D Buckey
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County Co urthouse
Suite J01, 109 8th Str eet
Glenwood Springs, CO 8 1601 COU N1 I .
~ li.rMarian
::.' July 5 , 1989
REF: Sul:xii vision exempt i on request by W .J. Colohan and Nadre B. Colohan .
I believe it was in 1970 that the Sta te of Colorado passed regulations
concerning the s uWividing of prope rties into pa rc e ls sm a ller than
thir ty five acres.
As I understand the regulations , ·they we re i ntend ed to prote ct the buyer
from purchasing property with inadequate or poorly desi g ned utility
systems and adverse natural conditions that create unreasonable burdens
for the buyer or the immediate environment .
I h ave first hand know l edge that reliable water systems and road main-
tenance are not available at the resid e ntial sites bordering the
s~bject property. Has any thought be en g iven to how the future owners
will provide their fam ilies with water ? How will the county provide
for incr:eased traffic demands on a road inadaquately maintained at
pres ent ?
Acc ording to the United States Supre me Court in a i954 ruling concerning
Berman vs. Parker, "The concept of the public welfa re i s broad and
inclusive. Th e values i t represents are spiritua l as we ll as physical,
aesthetic as well as monetary. It is within the power of the legislature
to determine that the community should be beautiful as well as healthy,
spac ious as we l l as clean, well-balanced as we l l as care fully patrolled."
mF~riW~~n
_ JUL 101989 _JLJ l:J........... .... . ... . . ···'
GARFlELD COUNTY
ERNEST c DELTO ARCHITECT
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1599 ROAD 109 GLENWOOD SPRINGS, COLORAD O 91601 [303) 945-9921
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If the supreme court has ruled that aesthetics are within l egis lative
jurisdiction, then surely so are ,the necessities of life.
Garfield County appears to be unconcerned with the broader concept of
public welfare. A lack of concern demonstrated by a failure to enforce
state and local regulations governing construction and property devel-
opment. How else do we explain residential properties without water
systems and agriculturally zoned properties us ed as car lots, ware-
houses and gravel pit operations?
The county has broad responsibilities to the r esidents. In addition
to adding to the t ax roll, it is responsible for providing for appro-
priate services and protecting a quality of life to its curre nt and
future residents.
Ernest C. Delto, architect
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