HomeMy WebLinkAbout2.0 Staff Report BOCC 12.05.88oo
BOCC 12/s/88
PROJECT INFORMAT]ON AND STAFF COMMENTS
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
I. RELATIONSHIP TO THE COMPREHENSIVE
The site is located in
Environmental Constraints
Management District rs Map.
Exemption from Lhe Definition of
Subd iv is ion
Leo Jammaron
A tract of land situated in Lots 6,
9 , 19 , 20 , 21, 5, 18, 24, 25 all
in Section 35, T65, R89W;
approximately 2 miles south of
Glenwood Springs off State Highway
82.
The site consists of a 75 acre
parcel.
Shared domestic we11.
fndividual Sewage Disposal Systems
Existing and proposed access drives
and easements.
A/R/RD
A/R/RD & A/ r
PLAN
District C, Rural
as designated on the
Areas with
Compr ehens i ve
Mino r
Plan
II. DESCRIPT]ON OF THE PROPOSAL
A. Site Description: The site is generally 1eve1 with steeper
along the Roar ing Fork River which borders the site on the
The site is currently used for agriculture with one
family residence and accessory buildings.
B. project Description: The applicant proposes to divide the 7
acre tract into three parcels o f approximately 5.7 acres, 5.
acres and 64 acres. The two 5 acre parcels are being created t
provide residential building sites for the applicant's two sons.
slopes
west.
s ingle
C. History: Since 1973 two lots have been cre
tract. One greater than 40 acre tract was
one 5 acre tract was approved by Subdivision
Resolution #81-387, approving the exemption,
that no furtEEi-E-emptions would be granted wi
'tr^ro addition exemptions for childrenn. (See
5
7
o
ated out of this
created in 1978 and
Exemption in 198I.
contains language
th the exception ofpaseL*7 )
TII.MAJOR ISSUES AND CONCERNS
Comments have been received from the D & RGW Railroad and the
Glenwood Springs Rural Fire Protection District. ( see
1
pages F -/6 )
t-
2
a
Due to the proximity of the Roaring
site are affected by the 100 year
FEMA Floodplain mapping.
o
Fork River, portions of the
floodplain as identified on
The County Attorney's office has determined that the applicant is
stilt subject to the Subdivision Regulations limit to a total of
four 1ots, parcels, interest, or dwelling units being created out
of a parcel as it existed on January l-,1973, in order to qualify
for additional exemptions. Based on the number of lots already
created, the applicant would qualify for one additional sp1it.
The applicant's attorney has submitted arguments supporting the
request for the creation of two additional parcels . ( See
Page tl. t2- )
While noting that access will be provided by easement, Lhe
application has not identified their locations nor established
lega1 access across D & RGW Railroad property to Highway 82.
The Colorado Division of Water Resources has verified that the
applicant's well permit is approved to serve up to three dwelling
uniLs.
Soil Conservation Service information indicates that portions of
the site may be subject to severe soil constraints due to slopes
and large stones.
3
4
5
6
7
IV. SUGGESTED FINDINGS
That proper posting andfor the meeting before the
public notice was provided as required
Board of County Commissioners.
Commissioners was
facts, matters andparties were heard
I
2 That the meeting before the Board of Countyextensive and complete, that all pertinent
issues were submitted and that all interested
at that meeting.
That for the above stated and other reasons, the proposed
exemption is in the best interest of the health, safety, morals,
convenience t otder, prosperity and welfare of the citizens of
Garfield County.
V. RECOMMENDATION
APPROVAL, of the creation of one 5.7 acre parcel based on the County
Attorneyrs determination that the applicant qualifies for only one
additional 1ot by subdivision exemption, with the following
conditions:
That the following plat notes be included on the recorded
Exemption Plat:
a) No further divisions by exemption from the definition of
subdivision will be allowed.
b ) Each lot may
systems.
be subject to engineered foundations and septic
c) Portions of Lhe site are subject to 100 Year Floodplain.
Any structure or improvements on the site are required to
comply with the Garfield County Floodplain Regulations.
That easements be included on the exemption plat for access and
maintenance of the shared we11.
3
1
2
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3 That the applicant submit proof of lega1 access to the proposed
lots, including access off Highway 82 and easements across the D& RGW Railroad property and that a 1ega1Iy described access
easement for the proposed lot be included on the exemption p1at.
That the applicant establish a homeowners association, covenants,or other acceptable 1egal means for administering theconstruction and maintenance of the access roads and shared wel1.
That the applicant submit $200 in School Impact fees for thecreation of one new lot.
4
5
6 That all representations of the applicant,application or stated at the meeting before
Commissioners, shall be considered conditions
either within thethe Board of Countyof approval.
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STATE OF COLORADO
h
County ol Oerficld
h:ld er thc court Hourc in Glcnwood springs on.....-.-;...-......-..-ffonday' """"'!"'r rrre"""2'Lst---"""""'dry ol
'Dgcgnb'gL-"""-"""'-'--"A- D' I9'8J."-"' , ttrerc wer! IT Gs'nt:
J"a r. rY....V.el a s g.ue,, Commlssloner Cheirmen
.Llavgn..J......Cgr.isg..--..-.-'..'- , commhsioner
.Eugen.e-...D.r.inkho'use""""""' ' commissioner
.E.ar.I...G^....Rhc.dg.s. . counlv Attornev
'Ire'ann g'-'C' I' g l and'' ""De p'uty "'-"""""""' clcrk or rhe Board
urtoa tlrc lollowing pnocecdingr, rmorq otherr wtrc hed rnd donc, to'wit:
RESOLUTION NO. 81.387
RESOLTIION CONCERNED I.ITTH GR.'.I,ITING AN EXE}TPTION FROI{ THE GARETELD COUNTY SIIBDIVISION
REGI.II.ATIONS FOR LEO JA}IARRdN.
IIEEREAS, Leo Jamarron has petltloned the Board of County Conm{ ssioners of
Garfleld county, Colorado, for an exemption from the def initiol-"r.:1",t:ry.
"subdivislon" and I'sub<livlded land" under C.R.S. 1973, 30-28-l0I (10) (a)-('l) '
as amended, and the Subdivlsion Regularions of Garfield County, Colorado,^adopted
January 2, Lgig, Sectl-ons 2.0?.21 (d) ald 3.O2.OI for the dlvislon of a 80 acre
tract described as follows: that parcel of land as described in DocumenE No'
200537 and 283668 as filed in the ilffi"" of the Clerk and Recorder of Garfield
County, Colorado into 2 Eracts of approxiurately 5 and 75 acres each' nnore or less'
whlch iroposef divided tracts are nore Particularly described as follows:
TRACT A: A.tract of land situate in Lots 6, g,20, and 21, Sectlon 35, T65,
R89w. of rhe Ori-p.i".ip"i u"ii.dian,. being more particularly described as follows:
Copmencing at the west quarter of said Section 35: thence N'9?"54'24"8' along the
east-lrest centerline of sald Section 35, a distance of 1388'03 feet to the true
point of beginning; thence N.13"56'41"W. a disEance. of 43'65 feet; thence N'04'26'44"
w. a distance of 426.60 feet; thence N.53"58'Oz"E. a disrance of 64'39 feet; thence
N.td"Og'59,,8. a dlstance of 92.76 feet; thence N.60"41'16"E. a distance of 188'40
feet to a point on the l.resterly right-of-way of the Denver and Rio Grande Western
Riilroad; lhen"d continuing S.01"52'26"w. along said railroad'right-of-way, a
distance of 100.68 feet; thence 409.77 feet along the arc of a non-tangent curve
to the left haviog " r"iius.of 2010.08 feeE, having a central angle of 11o 40'48"
and subtending a chord bearing s.22"22'54"E. a distance of 409.06 feet; thence
S.g7oLlr::2,,8 a distance of 58.56 feet; thence 242.89 feet along the arc of a
ioo-a"rrg.nt curve to the left having a radius of 1960.08 feet, having a central
""gf.-"I-Oi.OOr0O,r
and subtending a chord bearing S.32'39'07"E. b distance of
zt+i.lt+ feet; therrce leaving said railroad right-of-way s.89"54'24'5I- along the
east-west centerline of said section 35, a distance of 540-49 feet to the true
point of beginning, containing 5'00 acres more or less'
LEGAI DESCRI?TION-RATLROAD EASEMEM
6/a hoa?t -a aL
A tract of land situate in Lot 9, Section 35, T6s, R89ll of the 6th Principal
lleridian, being more Particularly described as follows:
Coomenclng at the west quarEer corner of said sccrion 35; thence N.89"54124"E- a
ii.."rr". Jr rgaa.03 feer; rhence N.13"56'41"w. a distance of 43-65 feet; thence
H.Oa"ZO.A'rrw.,-ai=a..,"e of 426.6o feer; tlrr.ncc N.53'58'o2"E.'a distance of 64.39
feer; rhence N. re;og;ig;r. a.distance of 93.7(' ft't't; thence- N.60o4l'16"E. a dis-
;;;.; of 1gg.40 feet ro a poinr on the I'Jest lint'of s.rid Lot 9 and a point on the
ll""i rigt,t_of_way of the ?:ly:r & Rio cran<re lir.srr'rn rlrilro:rd ro rhe rrue point
of beginning; thlnce N.0I.52,26"E. along tht- rrt'sr Iin.- of s.id Lot 9, and the
westline of said right-of-way of Dcnvcr & Rio ('r'ttrcl.' \it'stcrn Railroad a distance
of 46.7b feet.; thence reavtng the r'rcst 1in.'.'l ::.rid l.r':r f. iurd said rlght-of-way
of the Denver c nio Grande l,lesEern Rlilrold i(.trO"'il' l(,"1:. rr dist.ance of 108.25
feet; thence s. rsiag'22rtE. along East riglrt-tri-u.tv of tlrt' I).'r'rvcr & Rlo Grande
uestern Ralrroad, a distance of 4I.15 fcctl tltr'Il..' s.60''il'16"1.'. a distance of
lzz.lg feet to the true polnt of beglnnin8,r cr)ntrtitrinJ', 0.106 acres more or less.
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a o o,
LEGAL DESCIUPTI ON-ROAI) llliSEIIENT
A tracE of land sltuatc ln Lot 6, Sectton 35, T65, P89w, of the 6th Prlnclpal
Merldian, belng more Partlcularly descrlbed as follows:
Courmenclng at the West quarter lt corner of-said Sectlon 35; thence N'89"54'24"E'
a distance of 1388.03 feet; ctreicl Of.f:"SO'41"ti' a dlstance of 43'65 feet; Ehence
N.04"26'44"W. a dlstance of 426.60 feet; thence N'53'58'02"E' a distance of 64'39
feet; rhence N.16"08'59"8. " alrirr,"" oi 92.76 feet go !he-tlle point of beglnning;
thence 29o18'44'$. a distance of 40.00 feet; thence ll'OO"q1'16"8' a disrance of
2L2.61 feet to a polnt on Ehe east line of said Lot 6, and a point on the WesE
rlght-of-way of the Denver & Rlo Grande western Railroad; thence s'oI'52'26"11' along
the easE rlne of sald Iot 6, and arong said west right-of-way-of the Denver & Rlo
Grande LJesrern Rallroad, a afsi"r,." oi 46-76 f."alii""ce leavlng the east line of
said Lot 6, and sald lJest right-of-way of Ehe Denver & Rio GranJe llestern Railroad' '
S.60o4l'16"W. a riist.ance of I88.40 feet to an"-ii" point of beginning' conEaining
0.184 acres, more or less. '
TRACT B: The remalnlng 75 acres'
(in the sr,are of colorado and countyof Garfleld): and
WI{EREAS, the Petl-tlon.r tr"" demonstrated to the satlsfaction of the Board of
county commfssisners of Garfleld counEy, colorado, that the-proposqd divislon does
not fal' within the purposes of part 1, nrticie 26, title 30, Colorado Revised
Statutes 1973, as amended, for the reason that the impact created does not warrant
further subdivi-sion review, and
WEEREAS,thePetitionerhasdemonstratedtothesatisfactionoftheBoardof
county comissioners of Garfield county, colorado, Ehat there is a reasonable
probability of locatlng domestic water on each of said. tracts, that there is adequate
ingress and egress to saia tracis, that the locaEion of septic tanks will be perrnitted
by the Colorado Department of Heaith, that the requested division is not' part of an
existing or rarger development and does not fatl riictrin the general purposes and intent
of the subdivision regulations of the State of Colorado and the County of Garfield
and shoul{, therefore, be "*"rpa.a from the-definition of the. terms "subdirrision" and
.Subdivided Iand,, as set torci'in C.R-S . 1973,. 3O-28-IOI (10) (a)-(d) ' as amended;
tior.J-, TiiER.EFoRE, BE IT miOl,tmo_ihar the itvLsLon of the above descrlbed tracts
l|Cr & trBrr from the above descrlbed 80 acre tract is hereby exeBPted from such
definLtions and said tract may be divided into tracts trArt & "B" all as is more fully
described above, and said divided tract may be conveye<l in the form of such smaller
tracts without iurther compliance with the aforesaid subdivision sEatutes and reg-
ulations;provided,however,thatthisexeuptionisgranredontheconditionandwith
the e:<pre"" ,rra.t"ianding aod-ag="emenE of the Petitioner that' no further exemptions
be alLowed on-""ia rract ,'c,; that only two additional exemptions for children be
allswed on ""id rract,,B,,; that a buildiog permit be issued for building site B(the
above mentioned 5 acre parcel) on1Y, and not for the previously ProPosed 5 acre parcel;
that an "ppfi."tion be made for a zo,.e change from the Agricultural/Industrial
zone district to the Agricultural/Residential/Rural Density zone district; and further
that a copy of the instrument or instrutrents of conveyance when recorded shal1 be filed
with this Resolution'
ATTEST:
BOARD OF COI'NTY COM}trSSIOMRS
GARFTELD COIJNTY, COLORADO
(tc
I 7..
ttX"Cle.rkErouon the forcAoing Resolution *"r "aopr.€lBvi HIB llowin votc
1102 Aye
AycF1a
Eu ne k.h.q..Hs.
Com.missionerr
STATE OF COLORADO
CountY of Gerlicld
I, ......."""""' """" Counly Clcrk rnd cx'officio Clqk ol thc Boetd ol Counly Commissione*
lnerrdforth.countyandStateelotesaiddohctcbyccrtifythattheannexedandforcaoirrgotdcriltrulympiedfromthcRccprdrol
r}rchoc.ccdirrgroJthcBoardofCountyCommissioncrlfotraldGarfieldCounty,nowulmyofltcc.
lN $nTllESS WHEREOF' I havc hacunto let my hand and rffircd thc real of rald County, lt. Glenwood Sprlngs'
,A.D. 19
county clerk tnd cxofficio clerl ol thc lloard of county commlsslondri.
ta
7-
orupffi
the-7lCfloil roilrood
W.F, DAVIES
MANAGER, LAND
(303) s95.2068
R.C, OATMAN
MANAGER, CONTRACTS
(303) 595-2167
November 16, 1988
FlIe: Zonlng
G.F. SEEO
REAL ESTATE ASSISTANT
(303) 505-28O3
Mr. Glenn Hartmann
Plannlng Department of Garfleld County
109 8th St., Sulte 303
Garfield County Courthouse
Glenwood Sprlngs, C0 81601
Dear Mr. Hartmann:
U. S. CERTIFIED MAIL
RETURN RECEIPT REQUESTED
5.;; i
l, t't0v 2i tggg
0
lr
li
!l
b, rt ,, I i-ii-i t J.;1'r i
The Rlo Grande 1s ln recelpt of your notlce of a publlc neetlng to be held to
conslder an appltcatlon by Leo Janmaron for an exeuptlon from regulatlons on land
subdlvlslon allowlng the appllcant to dlvide a 75 acre parcel tnto three tracts,
5.7,5.7, and 64 acres, 1n an area located 1n Garfleld County nore partlcularly
descrlbed as eltuated 1n Sectlon 35, T65, R89W, Iy1ng westerly of The Denver and
Rlo Grande Western Rallroad Company rlght of way.
Thls parttcular subdlvlslon appllcatlon, lf approved, would be very close to our
Aspen Branch matn I1ne rlght of way whlch runs between Glenwood Sprlngs and Woody
Creek and 1s consldered operatlng trackage. Because we do have ra1l trafflc over
thls 1lne, our Company 1s very apprehenslve and concerned at the prospect of
havtng thls subdlvlslon close to our rlght of way because of the lncrease 1n auto
vehicular trafflc ln the lmmedlate area.
As the Corumlssloners are no doubt avare, lt there are not sufflclent pub11c
crosslngs to allow adequate access across our tracks to and from the proposed
subdlvlslon area, then ve predlct that many who would use the subJect area would
enter or depart by unauthorlzed and unsafe methods, such as uslng prlvate
crosslngs, nhlch ls strlctly prohlblted by our Rallroad, or by enterlng or leavlng
the proposed area ty crosslng our tracks where no type of crosslng at all exlsts.
No lnformatlon has been submltted as to how dralnage w1tl pass across the Rallroad
rlght of way. Any Utl11ty crosslngs w111 requlre permlts or llcenses from the
Rallroad and plans must be approved by the D&RGW ln advance.
THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY
P.O. BOX s482 DENVER, COLORADo 802'17
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November 16, 1988
Page Two
Mr. Glenn Hartnan
Plannlng Departnent of Garfleld County
109 8th St., Sulte 303
Garfleld County Courthouse
Glenwood Sprlngs, C0 81601
If the Garfleld County Commlssloners grant the requested approval of thls
exenption, ve nouid I1ke to 1ns1st that the follovlng two (2) condltlons, whlch
our Conpany feels should be met to preserve the publlc safety, be made a condltlon
to the grantlng of the appllcatton sought by the above referenced appllcant;
(1) That no vehlcles or lndtvlduals uslng the proposed developnent be
allowed to enter uPon or croas our rlght of way except at
establlshed publlc crosstngs. Type of protectlon to be determlned
by the Colorado Pub11c UtlIltles Commlsslon.
(2) That when the referenced appllcatlon 1s heard by the Board of
County Commlssloners of Garfteld County, that thls letter be made a
part of the proceedlng.
Respectfully,
W. F. Davles, Manager Land
,3./.fu
G. F. Seed, Real Estate Asslstant
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o
Glenwood S il Districtprings Rural Fire Protec
OOSO Mel'ReY Road
Glenwood Springs, CO 81601
I 0- I ?-88
Mr. Leo Jammanon
4rl5 Highwax 82
6l enrrlood SPn ings t Co. Bl60l
De ar l'lr . Jarnrnanon t
This letter is in regards to your proposal to divide voun pnopertv
in onder to build a single {amily home at youn address on Highwar 82 in
6lenwood Spnings' Thi, ftoptrty is t'lithin the boundaries o{ the
Glenuuood Springs Rural Fine Protection District and {ire protection
would continue as it is now. Be advised that in onden to e{{ectivelv
provide pnotection, a waten supplv shoutO 9: auailable' I{ a
Eubdiuision is part o{ )roun outt"i I plan, then a t'laten supply t'till be
nequ i red.I{youhaveanyquestions,please{eel{neetocallthiso{{ice,
SincerelYt
-'! t
Jac k
F ine
ne9
specton
J6
ln
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ScrrnNx, I(ERST & DpWTNTER
ATTORNEYS AT LAW
CENTRAL BANK BUILOING
SUITE 3IO. 3O2 EIGHTH STREET
GLF:NWOC)D SPRINGS, COLORADO 41601
1303t 945-2447
October 13, L988
It 50L
#iitr iLLu L UUfiI TY
HAND DELIVERED
0 Gtfi,,tl'r,i,r
..?rq,n
eBB jfj
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l1
I i OCT13j
JOHN R. SCHENK
OAN KERST
wILLIAM J. DEWINTER. III
Mr. Mark BeanDirector of PlanningGarfield County
109 Eighth Street
Glenwood Springs, CO
RE: Jammaron Subdivision Exemption
Dear Mark:
I represent Leo and Yvonne Jammaron who desire to
create 2 lots of 5.698 acres each as residential building sites
for their sons GIen and Kenny. By way of historical background
you are advised as follows:
L. Leo and Joe acguired the ranch from their father
in 1,958.
2. In L978 the ranch was divided between Leo and Joe,
with Leo receiving approximately 8o acres.
3. By Resolution No. 8L-387 (copy enclosed) adopted
by the County Commissioners on December 21, L98L, a subdivision
exemption was granted to create a 5 acre parcel which was sub-
sequently conveyed to orrison Distributing.
You wilt note that Resolution No. 8L-387 provides, in
part, rrthat only 2 additional exemptions for children be allowed
on said Tract Brr, Tract B being the Jammaron's remaining 75
acres. I plan to submit a petition to exempt the creation of the
proposed f-ots from subdiviLion requirements. I believe it was
not- the intent of the current subdivision regulations to include
the divi,sion of the Jammaron Ranch between Leo and Joe as L of
the 4 perrnitted exempt divisions. Furthermore, I would subrnit
that the County is bound by the specific provision of Resolution
No. 8L-387 providing for 2 additional exempt5-ons on the Jammaron
property for their sons. I would accordingly reguest an
intLrprEtation of the subdivision exemption regulation consistent
with the foregoing. I would like to move forward with the
-ll-
!o
Mr. Mark Bean
October L3, 1988
Page (21
exemption Process as soon as
discuss this matter wlth the
Commissioners as aPproPriate.
DKrzhp
Enc.
xc: Mr. and Mrs. Leo Jammaron
possible and will be haPPY to
iounty AttorneY and the CountY
Thank you for Your consideration in this regard'
Yours Iy,
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