HomeMy WebLinkAbout2.0 BOCC Staff Report 08.12.1997• •
BOCC 5/12/97
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption form the definition of
subdivision.
APPLICANT: Santos Amaya
LOCATION: A parcel of land known as Lot 1, Section 17,
T6S, R92W, 6th P.M.; located on C.R. 352
just southeast of the Garfield County Airport.
SITE DATA: The site consists of 23.39 acres.
WATER: Proposed domestic well.
SEWER: Proposed I.S.D.S.
ACCESS: Private easement from C.R. 352.
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD and Airport Industrial Park PUD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District B - Subdivisions/Rural Serviceable Areas 0 to '/2 mile radius
as designated on the Garfield County Comprehensive Plan Management Districts' Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is gently sloping dryland farmland. There is currently a
manufactured home on the property. The property is traversed by numerous utility
lines including two (2) 230 kV electrical transmission lines (see map on page SS
B. Project Description: The applicant is requesting an exemption to split the subject
property into two (2) parcels of 8.39 and 15.0 acres. The parcels will share an
existing shared well, that was used in previous exemption application for two parcels
Each lot will utilize ISDS for sewage disposal.
• •
III. MAJOR ISSUES AND CONCERNS
1. 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 1, 1973. In
order to qualify for exemption, the parcel as it existed on January 1, 1973 must have
been larger than 35 acres in size at that time and 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) , preventing joint
use of the proposed tracts, and the division occurs along 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 (4) lot, parcel, interest or
dwelling unit limitation otherwise applicable. Tor the purposes of definition, all
tracts of land 35 acres or greater in size, created after January 1, 1973 will count as
parcels of land created by exemption since January 1, 1973; "
The previous application demonstrated that the property has existed 1923. In 1991
the property was split into two parcels of 25.90 and 23.37 acres in size by Resolution
No. 91-083. Therefore the applicant's qualify for the requested additional
exemption.
2. The applicants are proposing to use a well shared presently by the other exempted lot
and governed by a well sharing agreement. Included with the application is a well
sharing agreement between all of the properties that will share the well. (See pg. _
4110.) Although the property is traversed by ditches and pipelines, apparently the
applicant has no rights to the water.
3. The lots are accessed by private easements. Included in the application is an
agreement with the adjoining land owner granting access easements to the properties
proposed to be created. (See pg.* �%• )
4. The proposed lots will be serviced by I.S.D.S. Soil conditions should not preclude
the use of conventional septic tank/leach field systems.
5. The subject property is traversed by numerous utilities and their attendant easements,
dramatically reducing the usable acreage of the parcels. These utilities include four
(4) power lines, one (1) telephone, one (1) utility (beacon), one (1) buried water line
(providing water to the airport) and one (1) ditch easement.
IV. SUGGESTED FINDING
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.
V. RECOMMENDATION
If the Commissioners are inclined to approve the application, then staff recommends that
approval be subject to the following conditions:
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.
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.
3. That the following plat notes be included on the Exemption Plat:
a. Adjacent lands are subject to pre -approved commercial, industrial and
aviation uses. Lot buyers may experience negative impacts due to these uses.
b. Negative health impacts may be experienced due to electro -magnetic
radiation from high voltage electrical transmission lines.
c. Control of noxious weeds is the responsibility of the property owner.
d. The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at
sloped sites. The methodology described in "Determining Safety Zone
Dimensions, Wildfire Safety Guidelines for Rural Homeowners" ( Colorado
State Forest Service) shall be used to determine defensible space
requirements for the required defensible space within building envelopes in
areas exceeding five (5) percent grade.
e. One (1) dog will be allowed for each residential unit within a subdivision and
the dog shall be required to be confined within the owners property
boundaries. The requirement will be included in the protective covenants for
the subdivision with enforcement provisions allowing for the removal of a
dog from the area as a final remedy in worst cases.
f. No open hearth solid -fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-
401, et. seq., and the regulations promulgated thereunder, will be allowed in
any dwelling unit. All dwelling units will be allowed an unrestricted number
of natural gas burning stoves and appliances.
All exterior lighting be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the
property boundaries.
g.
4. That easements for waterlines and for access and maintenance of the proposed well
be included on the Exemption Plat. In addition, each parcel shall receive a deeded
interest in the well(s).
5. That the applicant submit $200 in School Site Acquisition Fee for the creation of the
new lot.
Point of
Beginning
Parcel 'B'
Set Rebor & cap
L.S. 10871
•
North 628.25
Io p Poster Line Easement
Io Book 609. Page 367
N.88'52'00"E.- 581.58
ir Poster Line Eosement
Book 320. Poge 274
O �-
Point of
Poster Line Eo,ement Beginning
--- .82.59 19-4.35—
Book 695. Page 736 Easement 2 28Well
Eosement 2 for
11 0 30.18 _ _ - N5.82'5919"w- 398.45
N
N.88'52.00'E. 1621.82
N.Bfl'S2--04'E-61403
O`o O
PARCEL •A' o
8.39 Ac.
N.88'52001. 582.47
Buried Water Lone
OP'
O _
Om n
O
z
Proposed Residence
40.00
>
oter Well
5.88'52.00"W.
3000
5.88.52"00"W. 1040.24
PARCEL B
15.00 Ac.
710.00
5.88'5200-W. 1040.24
Fnd. 2-l/2' Pipe
/ Alum. Cap
Control Monument
L.S. 10871
N. 1/16
5 24 7 S 19
1991
5.88"52.00"w 1622.71
Set Rebar & cop
L.S. 10871
cor
V10 ,once\ 2
X
7
Ot oil _\44
EASEMENTS FOR WELL
/1 An easement for the purposes of operat,ny and mamtarn,na 3 Well
and associated pump and pumphouse. and being more particularly
desrrhid ac follows.
L.S. 10871
N 1/16 -S 19
1991
COUNTY SURVEYOR'S CERTIFICATE
Approved for content and form only and nor the occur,
calculations or drafting. Pursuant to CR.S 1973. 38-5/-
/02 /revised)_
By
c'ori,eld C.-
• •
April 7, 1997
Garfield County Building, Sanitation
and Planning
Garfield County Courthouse
Andrew C. McGregor
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: Amaya/Weaver/Madrid Well Sharing Agreement
Dear Mr. McGregor,
J.W. Weaver, Rigoberto Madrid, and Santos Amaya hereby agree to an equal share of said well.
Easement for well and well location beginning at a point from which the North 1/4 Corner
Section 19, T.6 S., R.92 W. of the 6th Principal Meridian in Garfield County, Coloradobears
S8 52' 00" E. a distance of 619.03 feet, and N. 00 04' 52" W. a distance of 694.38 feet, thence S.
01 08' 00" E. a distance of 261.77 feet; thence S. 89 52' 00" S.
N. 01 08' 00" W. a distance of 261.77 feet; thence N. 88 W. a distance of 30.00 feet; thence
ance of
Point of Beginning. Permit number 160303. We will share equally alldallistcosts ofinst Nati feet to the
maintenance and repairs. All future successors to the same agreement. ation,
Respectfully.
J.W. Weaver
goberto tifadrid
STATE OF COLORADO
COUNTY OF GARFIELD
I swear the three above signed parties have appeared before me that I stand witness to the
signing of this � day of ��F�,`�
L 1997 and that I stand witness to the signing of this
signing of
MY commission expires:
Witness my hand and official seal
111 Co mmissm EXPIRESSEPTEMBER at,
Notary Public
• •
April 7, 1997
I, J.W. Weaver, give to Rigoberto Madrid a thirty foot access easement on the east side of
Weaver Parcel One. Starting point 1/4 corner marker section 18/19 LS number 141 1 1 proceed S.
694.38 feet ends.
J.W. Weaver
P.
,IF,
Rigoberto Madrid
I swear the two above signed parties have appeared before me that I stand witness to the
signing of this day of �p�J L 1997 and that I stand witness to the signing of this
instrument.
My commission expires: Witness my hand and official seal
Notary Public
go
'04,'07/1997 15:29 FROM RIFLE FIRE PROT. DIST. TO 945''95
• s
RIFLE FIRE PROTECTION DISTRICT
TO:
COMPANY:
FAX NO:
FROM:
Phone: (970) 625-1243
Fax: (970) 625-2963
* PAGES:
FAX TRANSMITTAL MEMO
COMMENTS : // . ,77.4-X. Sem CI;
Xr'11,7p7<B"-.�S ..rte i, 6�r
r
Telephone (970) 625-1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81850
P.O1
.04.,07/1997 15:29
FROM RIFLE FIRE PROT. GIST.
TO 947785
411
•
_. RIFLE FIRE PROTECTION DISTRICT
April 7, 1997
Santos Amaya
0552 County Road 352
Rifle, CO 81650
Reference; Subdivision exemption
Mrs. Amaya,
The stifle- Fire Protection District has reviewed your
proposed subdivision exemption located East of -0552 County
Road 352. It is the Di ,trJ t'-3 understanding that the
proposal would create •a-,. separe.pardel. of approximately
23 acres which would be`used:..;€or.: one single family
dwelling.
The above property hi the" boundaries of the
Rifle Fire Protection iDrstr-zct ._=Fire- and En rgency Medical
Services are provided in tllibs area; the; District. In
order to assist the District in provItihg these services,
we would make the fol1 ping recommendations;
1. Defensible space.
- Vegetation should be removed from
near any structures.. on the.:.property to provide a safe zone
in the event 'off a wildland fire. -
2. Construction materials "The District°recommends the use
of a classified roof covering.d non .combustible siding
materials to Minimizethreats from a.'wild fire.
3. Road Construction When constructingthe access roadway
into the property, consideration shoulbe given to the
weights of fire apps -atus a td accessibility during adverse
weather conditions.
4. posting of address_ The address of the property is to
be posted where the driveway accesses the County Road.
Letters are to be a minimum of 4 inches in height, 1/2
inch in width and contrast with the background colors.
The location of_this property is in a rural setting
where water supply for fire protection is very
In
addition, the property location is a substanalimited. d stance
from the nearest fire station.
Thank you for your cooperation and feel free to
contact me if i, can be of further assistance.
Sincerely,
Mice . O an
District. Chief
Telephone (970) 625-1243 • Fax (970) 625-2963.
1850 Railroad Avenue • RC.. Box 1133 • Rifle, Colorado 81650
TOTPL P.02
P.02
GARFIELD COUNTY SURVEYOR'S •
OFFICE
JUNE 21, 1997
GARFIELD COUNTY PLANNING DEPT.
109 EIGHTH STREET
GLENWOOD SPRINGS, CO.
81601
ATTN: MR. MARK BEAN, DIRECTOR
RE: COUNTY SURVEYOR REVIEW OF THE AMAYA/MADRID SUBDIVISION EXEMPTION PLAT.
DEAR MARK;
I HAVE REVIEWED THE ABOVE REFERENCED EXEMPTION PLAT AND NOTE THE FOLLOWING:
1) ANY PLAT NOTES AS REQUIRED BY THE COUNTY PLANNING DEPT. SHOULD BE NOTED ON THE
PLAT. (THIS APPEARS TO HAVE BEEN DONE.)
2) IN THE SIXTH LINE OF THE PARCEL B DESCRIPTION AS WRITTEN, THE DISTANCE TIE OF
582.48' IS SHOWN ON THE PLAT MAP AS 581.58'.
3) THE DATES IN THE EXEMPTION AND SURVEYORS' CERTIFICATE BOTH REFLECT THE YEAR 1993.
4) FOR CLARITY PURPOSES THE TITLE BLOCK REFLECTING THE NAME "AMAYA/MADRID EXEMPTION"
AND THE NAME AS REFLECTED IN THE SURVEYORS' CERTIFICATE OF "LARRY AMAYA
EXEMPTION" SHOULD MATCH WHICHEVER NAME IS TO BE USED.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FRES TO GIVE ME A CALL.
CC:
MID COOLBAUGH, P.L.S.
SHALE COUNTRY SURVEYING
215 HUTTON AVE.
RIFLE, CO.
81650
SENT VIA FAX
COUNTY FILES
CERELY;
AMUEL PHELPS
AS GARFIELD COUNTY SURVEYOR
County Courthouse Bldg.
109 Eighth Street
Glenwood Springs, CO 81601
(970) 945-1377, Ext. 2510
Samuel Phelps
Garfield County Surveyor
Private Office
214 E. Eighth Street , Ste. 210
Glenwood Springs, CO 81601
PH: (970) 928-8233 FAX: (970) 945-8565