HomeMy WebLinkAbout2.0 BOCC Staff Report 09.16.1996BOCC 9/16/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: John Powers
LOCATION: A tract of land located in Sections 16, 17, 20
and 21, T6S, R93W of the 6th P.M.; located
approximately one (1) mile south of Rifle
along County Road 320.
SITE DATA: 185 Acres +/-
WATER: City of Rifle municipal supply
SEWER: Individual Sewage Disposal Systems (ISDS)
ACCESS: Direct access to CR 320
EXISTING ZONING: A/R/RD
ADJACENT ZONING: East: R/L/SD
South: O/S
North/West: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract is located in District A - Rifle Urban Area of Influence and District F - Rural
Areas/Severe Environmental Constraints, as designated by the Garfield County
Comprehensive Plan's Management Districts Map (1981).
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject property is a 185 acre tract located south of the
Colorado River, approximately one (1) mile south of Rifle. County Road 320
transects the property, dividing the tract into two (2) parcels of approximately 15.5
and 169.5 acres each. The smaller parcel is located on the toe of Grass Mesa and the
larger parcel is largely irrigated agricultural land. Slope varies across the tract, from
nearly level to very steep, with the area located south of CR 320 consisting of slight
to moderate slopes, which grade into much steeper slopes toward the southeastern
boundary of the tract, where there are a few dissected, perennial drainages located.
The tract is encumbered by a 100 foot wide power line right-of-way that runs through
the smaller parcel. See vicinity map, page _ 6 - .
B. Adjacent Land Uses: The land uses within the general vicinity of the subject tract
vary from agricultural to residential and the Bureau of Land Management administers
a large tract of land south of the subject tract.
Proposal: The applicant proposes to subdivide, by exemption, a 15.5 acre parcel from
the 185 acre tract. This smaller parcel is physically separated from the remaining
acreage by County Road 320 and the applicant is requesting to further divide the
smaller parcel into two (2) parcels of 7.3 and 8.2 acres each. Both smaller parcels are
proposed to be developed as single family homesites. See sketch map, page - % -
III. 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 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-way or natural 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;"
The applicant acquired the tract in February, 1973, and it appears the tract has
remained in this same configuration since. See deed, pages // . Included
with the petition is a deed from August, 1962, that describes the tract consisting of
approximately 194.8 acres, which conflicts with the size represented on more recent
deeds (185 acres). It would appear this may be a surveying or clerical error as the
descriptions of the tracts remain the same. Therefore, based on this analysis, it
appears this request does comply with Section 8:52 (A) of the Subdivision
Regulations.
Although it is not stated specifically in the application, staff suggests this application
be considered a "normal" exemption even though CR 320 creates a division of the
tract. This opinion is based on the fact that the applicants are requesting a total of
two (2) parcels be created south of the County Road instead of the one parcel that is
physically separated by the road.
B. Zoning: The tract is zoned A/R/RD and all proposed lots are in excess of the two (2)
acre minimum lot size requirement. The portion of the tract located southeast of
County Road 320, where the development is proposed, is limited by slope. Rough
calculations made by staff indicate there should be enough area on the two proposed
lots to allow the intended development consistent with Section 5.04.02 of the Zoning
Resolution. Essentially, the land north of the powerline would be most conducive to
development and should meet County zoning regulations.
C. Water Supply: The applicants are proposing to supply the smaller parcels with water
taps supplied from the City of Rifle municipal water system. The City has agreed to
supply these taps, contingent upon entering into a pre -annexation agreement with the
City. See letter, page —/oR - . It appears this would be a sufficient supply of
water; however, staff recommends that all tap fees be paid, or an irrevocable water
supply agreement between the petitioners and the City of Rifle be submitted to the
Planning Department, prior to authorization of an exemption plat.
D. Soils/Sewer: The proposed method of waste water treatment would be the use of
individual sewage disposal systems (ISDS). According to the Soil Conservation
Service, soils on-site where the building sites could logically be placed, are within the
Arvada loam classification and considered to have moderate to severe constraints to
building site development due to corrosivity, high shrink -swell potential and steep
slopes. When used for ISD placement, the soils are considered to have severe
constraints due to slow percolation. Staff recommends the inclusion of a plat note to
address these limitations.
E. Access: Access to the proposed parcels would be directly from County Road 320 and
staff contemplates no specific problems related to this access. Staff would suggest
that the applicants consult with Road and Bridge regarding the siting of the driveways
and receive any necessary driveway permits, prior to the authorization of an
exemption plat.
F. Fire Protection: The Rifle Fire Protection District has submitted a letter, indicating
the tract is within its response district. The District makes the following
recommendations for future emergency service needs: 1) As the building sites are
located, consideration is to be given to the design of the access roadways in regards
to grade, width and all-weather driving surfaces; 2) Vegetation is to be cleared
around the structures in accordance with recognized wildland/urban interface wildfire
protection standards; and 3) A fire hydrant is to be added to the existing City of Rifle
water line for structural fire protection. See letter, page --/2 — . Staff agrees with
these provisions and suggests they be made conditions of approval. Additionally, staff
suggests the inclusion of the standard plat note addressing wildfire mitigation.
G. Easements: All required easements for access, utilities, water supply, etc.,will be
required to be shown on an exemption plat.
H. School Impact Fees: The applicant will be required to pay the $200 school impact fee
($400.00 total), for the creation of the exemption parcels.
Potential Road Impact Fees: Upon adoption of a road impact fee, the lot created by
this exemption will be subject to paying that fee; paid at time of building permit
application, paid by the building permit applicant, if the lot has not been previously
annexed to the City of Rifle. This provision shall be included as a plat note.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
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.
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
Staff recommends APPROVAL of the application, pursuant 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.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00 in School Impact Fees, per lot ($400.00
total), for the creation of the exemption parcels, prior to authorization of an
exemption plat.
That the following plat notes be included:
"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."
"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant, if the lot has not previously
been annexed to the City of Rifle."
"Soil conditions on the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS needs on the site."
"The individual lot owners shall be responsible for the control of noxious weeds."
6. That all tap fees for the water service be paid, or an irrevocable water supply
agreement between the petitioners and the City of Rifle be submitted to the Planning
Department, prior to authorization of an exemption plat.
7. That the recording fees for the exemption plat and all associated documents be paid
to the County Clerk and Recorder prior to the signing of an Exemption Plat by the
Board of County Commissioners and a copy of the receipt be provided to the
Planning Department.
8. That the exemption plat submittal include a copy of a computer disk of the plat data,
formatted for use on the County Assessor's CAD system.
9. That all proposed lots shall comply with the Garfield County Zoning Resolution of
1978, as amended and any building shall comply with the 1994 Uniform Building
Code, as adopted.
10. The applicant shall consult with Road and Bridge and receive any required driveway
permits, prior to final approval.
11. The applicant shall adhere to all provisions of the letter submitted by the Rifle Fire
Protection District, dated August 21, 1996.
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TRACT 90. 1
T 7 S. R. 94 W. 6th P.X.
Section 16:4 SV:,
SUBJECT TO a reservation by the United States of A;er1 aof all
Section 17:6 ELSEtt,
coal and other .!nerals together vitt' the right to pros t a
eine end rtsowe the sue.
TRACT 1:0. 2
T. 6 S. R. 93 G. 6th P.H.
Section'28. SES''►4, SJ�14.
TRARACT?'0_3
Sect on 1 . t 5:
Section 17r Let 9;
Section 20A rt,:Els:
Section 71� F�'1~t: ditch rights. used upon or
TaTT!1L!�ITTrall water, water rights, ditches
ot
in connection with the forepcir.g dercribrd real ptcrerty -endsi c1udnd the but
utanrt-
t '0 shares of the Lees:h b Crana Pitch Coopan7,
rat-re—
sented
jou 3. V. A. :cuts concerned in Cause Y -e. 12:'5 in the Dis-
sented b' de ofstar decree to with reference to priority No. 18 In
trio Dost[ of Carf�5: and 1YE; FT.cVITU ell 1rrcvc-onto aro' appurtenances situ-
Vat
ate t ort riot l;-. 5: If an Pfn-
VID tl) Ccn• G.dthatLncre ofrthelwarr:ctiesl grating rccnta_nod inithisLinstru�cnt•chall
CICS, !'.CLT••- rights or the
in zny way apply to said water, water rights, ditches spud ditch rig''
brarinr, rights and privileges.
S1r2ECT TO a reservation'ty first parties' predecessors in title of an t_.diw-
tied ttrt� fourths (3/4) interest 1n and to all oil, Las, sod OCIteT 'minerals ly-
ing in and under said real prcrcrty, cot theretofore reserved. together with the
r • one off exploring for and producing the
right e( !cot to and pztgreencss .or rce`enable ec•=rensattt-t for daY:k,e to the sur-
face
tett to the pz�:,er.t o! rc: - August 1, 1971, if said
face c( said real prcrertY and lrrrove-ncnts,tercid bletAugustat t1, 197 as set fort
oil, gas. and other = morals are rct being produced
uc d b7 t nt Fo. 216c11 Ss >�
Ir. that Warranty Ceed rtcorded Au£ust (,arfleld County, Colorado.
30 at Page 385 of the Cleric and recorder's Office.
PASEIc. sad >Fj1.511c.
end
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of ea =i t r • of. to a ad t.o t1 w & bare b._ -.r'4 Urrig tb• brr a Gamut+, and
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hce: tier, Levg:.n, B.corder
DEED
Book 343
Page 385
KNO» M.L 11.7.N DY THESE F'RE E:T
That t.+•, Juc E. J:hnsc:n and 31:nc`'.c `l. Johnson of Garfield
County, C. -Ivy -ode:, h1riin.iiter reccrr.0 to as Grantors, for the con-
.;.. Tt r+ 1 i : nd nti,tr vclu.: le considerations in hand
poiu hcrcoY sell and convey.+ tu„na1+1 r:enneth Eaxter and Jean Baxter
n; joint tenants and not as tenants in co: -:*gin, o: Corfield County,
Cclorndu, hereinafter referred to as Grtntees, the following described
real e•tace situate in Garfield County, Colorado, to -wit:
TRACT NO. 1
The St!', the S ?"7ir. :fiction 16; the E'• SEi,
The SE ::L' in iection 17; all In Township 7
South, Range 9= Lest c_` the 6th P.M. consisting
of ni+pro>:inntely 36D acres, subject to a reservs-
c tijn in invur of the United States of }merica of
lel all coal and ocher minerals together with the
ri;;hc ta prospect i::r, cine end remove the sr..a.
TFC
Thr SE 1:; , the 5:7= NEI, the 1;73 SE}, the 1Et
$: ir,':ect i.,n 2E, Toenl:ip 6 South, Range 93
West of the 6th P.N. consisting of epproxi..ately
163 acres.
TRACT NO. 33
The N. NE: of, Section 23; the 141 1.-•7i of SAAB•
�1. Lot 5 in• section 16; Lot 9 ofe Section 17;
! �y f of the
--•A1� in,.I4t� Q'"b'�'�+'ur~ 'noxi mately194.8 acres.
6th P.H. consisting o approximately
Trrrther t•ith o11 water, water ri:.hts, ditches and ditch rights, used
upon rr in connection with the f reroi resdescribedhe tealsch estate and
.`h
includin;:, hoc n:.t 1i -:ted tu, 3- to W. e JDitc
es
Ccncrrn: :nn ch: water No. repr1715cinnthe District CourtcofeGarfield County.
concrrdL, with
crust pricrity ::+. 1E in ....Ater District Ho. 45;
and tock, with :h oil re e rt3: r,..urter.cnces situate thereon
and t.+v'cther with ol1
,� .r��•�--,-r.:: i RESERVING
and tJi ether t i:li 1] cr: rano• rights and privileges, ifany, -
IIJ:J.V4:1, to the Gr: ntcrs herein as joint tenants and not es tenants
in t•r-r.ln, their heirs and nssi ns, an undivided three-fourths interes
in :n+l to all cit, Ors. nd other minerals lying in and under said reel
1u•rec.+toether with the right of ingress
cstol•, n:•t said oil,
.,nd
exploring encatlon
and :ies, itne purpose . C txt for and producing went of reaaooable coe:p
gas ,othecrr minerals, subject to the p
1
Book 31.3
Fat* 3i6
for the derage to the surface of said real estate end the improvmnts
situace thereon. The acid Granters' reserved interest in said oil,
gas and cater r.incr'als shall ter --mate and vest in the Grantees, their
heirs end ass'_(•cs, cn Ac1;t 1, 1377, provided h::vvver, that if cil,
gas cr other minerals Ere chen bring produced from said real estate
or
then such reservation shall cont' -nue in effect so long as oil, g
as other minerals Ere being prod1;ced from acid real estate. Tne Crcntors
Vk.RF_1.NT THE TITLE to said tracts of real estate subject to reservations
in the patents from the United States of /.. rica, existing oil and gas
lenses, rights of way for existing roads, ditches and canals, the
taxes of 1962 payable in 1963 end thereafter.
Sided asd Delivered this 30th day of Jul'
1.962.
Mit OF CO'..DEADO )
) is. •
CoLiiY CF LL )
•
Jd Fp Johnson
Blan_he r./,kbnaon
Me foregoing iostrl=ent was acknowledged before me this
3Cth day cf Jul1 , 1962, by Joe E. Johnson and
Blanche H. Johnson -
• ;' ?y, c ori s 3 i oa cp it as :
- Miuh 11, 1963
:, .
`.J". lam•
•
i 1
2
'L"
J0-
No t ary -Pub l i c
RRAi�Ti'Y DEE
KNOW ALL MENz`BY 'TEIESC PRESENTS:
That we, Joe [:. Johnson.and Blanche M. Johnson of Garfield
County, Colorado, hereinafter referred to as Grantors, for the con-
siderat i un of Ten Dollars and other valuable considerations . in hand
paid hereby sell and convey to Donald Kenneth Baxter and Jean Baxter
as joint tenants and not as tenants in common, of Garfield County,
Colorado, hereinafter referred to as Grantees, the following described
real estate situate in GarLield County, Colorado, to -wit:
TRACT NO. 1
The SW, the S: NW in Section 16; the El. SE'-,
The SE'' NI;:' in Section 17; all in Township 7
South, Range 94 West cf the 6th P.M. consisting
of approximately 360 acres, subject to a reserva-
tion in favor of the United States of America of
all coal and other minerals together with the
right to prospect for, mine and remove the same.
TRACT NO. 2
The SE ; NW, the SW ' NE2,:, the NWk SEz, the NE*
SW.', in Section 28, Township 6 South, Range 93
West of the 6th P.M. consisting of approximately
160 acres.
TRACT NO. 3
The N': ITE. < of Section 20; the N- NW of Section
21; Lot 5 in Section 16; Lot 9 of Section 17;
all in Township 6 South, Range 93 West of the
6th P.M. consisting of approximately 194.8 acres.
Together with all water, water rights, ditches and ditch rights, used
upon or in connection with the foregoing described real estate and
including, but not limited to, 320 shares of the Loesch & Crann Ditch
Company; and the water represented by domestic decree to W. A. Jones
concerned in cause No. 1205 in the District Court of Garfield County,
Colorado, with reference to priority No. 18 in Water District No. 45;
and together with all improvements and appurtenances situate thereon
and together with all grazing rights and privileges, if any, RESERVING
HOWEVER, to the Grantors herein as joint tenants and not as tenants
in conunon, their heirs and assigns, an undivided three-fourths interest
in and to all oil, gas, and other minerals lying in and under said real
estate, not heretofore reserved, together with the right of ingress
and egress for the purpose of exploring for and producing said oil,
gas and other minerals, subject to the payment of reasonable compensation
0
202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, COLORADO 81650 • (970) 2 -2121' * F'AX (970) 625-$210
I 0 9
September 5, 1996
Garfield County Building and Planning
Attn: Eric D. McCafferty
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: BATY/POWERS SUBDIVISION EXEMPTION
Dear Mr. McCafferty:
On September 4, 1996, during the Rifle City Council Meeting, the
City Council approved two domestic water taps for Gil and Cynthia
Baty. This approval is contingent upon the Batys' entering into
a pre -annexation agreement with the City of Rifle.
Very truly yours,
David A. '.wker
Rifle City Manager
/a
RIFLE FIRE PROTECTION DISTRICT
August 21, 1996
Stuver & George P.C.
Attention: Melody Massih
P.O. Box 907
Rifle, Colorado 81650
Re: Powers/Baty Property
Dear Melody,
The Rifle Fire Protection District has reviewed the
petition for exemption of the Powers/Baty property. It is
the District's understanding that the proposed use of the
two parcels is for two separate single family dwelling
units. It is also the understanding of the District that
the building sites for the structures have not yet been
identified.
The Rifle Fire Protection District is the responsible
agency for fire and emergency medical services for the
described parcels. The District would make the following
recommendations for future emergency services needs.
1. As the building sites are located, consideration is to
be given to the design of the access roadways in regards
to grade, width and all-weather driving surfaces.
2. Vegetation is to be cleared around the structures in
accordance with recognized wildland / urban interface
wildfire protection standards.
3. A fire hydrant is to be added to the existing City of
Rifle water line for structural fire protection.
Thank you for your cooperation and feel free to contact me
if I can be of further assistance.
Sincerely,
Mike Mo
Fire Marshal
Telephone (970) 625-1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650