HomeMy WebLinkAbout2.0 Staff Report BOCC 03.06.95aY. A - Vl*sf ts 5lz-
RFQTIEST:
APPLTCANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING/ADJACENT ZONTNG:
BOCC 3t6D5
An exemption from the deflrnition of
subdivision.
PAR Development, LLC
A tract of land located in Section 10, T65
R93W of the 6th PM; located
approximately one half (l/2) mile northeast
of Rifle, offof County Road 293.
40 acres
City of Rifle
ISDS
CR 293
North - A/R/RD
South - City of Rifle
West - A/R/RD
East - A/R/RD
PROJECT INFORMATION AND STAFF COMMENTS
II.
RFI TTONSHTP TO THF COMPREHFNSIVF PI N
The site is located in District A - Rifle Urban Area of Influence as designated on the
Garheld county comprehensive plan Management Districts, Map.
A. site Descriftion: The site is located on the northeast side of Rifle. Theparcel
has historically been used for agricultural uses, and has a residence located on
the site. The parcel slope to the northeast, with the steeper slopes in the
.Tf:t corner adjacent to the City limits. A vicinity map is shown on page
B.Project Dercrintion: The applicant is proposing split the 40 acre parcel into
three (3) parcels of approximately 36.0, 2.0 and 2.0 acqes in size. A sketch plan
submitte<l with the application is shown on page . 3 .
cl'
III. MAJOR ISSIIES AND CONCERNS
A. Suhdivision Regulations. Section 8.52 of the Garheld County Subdivision
Regulations state 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 Offrce on January l,
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 roadorrailroad) ornatural feature, preventingjointuseofthe
proposed tracts, and thedivision occursalong thepublic right-of-way ornatural
featurg such parcels thereby crealed may, in the discretion of the Board, not be
considered to have been created by exemption with regard to the four (4) Iot,
parcel, interest or dwelling unit limitation otherwise applicable;
No pre- 1973 deeds were submitted with the application. Based on records in tle
Clerk and Recorders Offrce. The parcel existed as a 41 acre parcel in 1967, as it
was transferred to Alex Urquhart by a deed recorded in Book 384, page 501. In
1979,a I .5 acre parcel was separated from the propeily, by exemption resolution
No.79-56.
Based on
exemption
appears to
Zoning. All of the exemption parcels are consistent with the required two (2)
acres minimum lot size for the A/R/RD zone district.
kgal Access. The parent parcel is accessed directly from County Road 293.
Access to the existing house is already established and is not available to the
new lots.
A common access point between the new 2.0 acreand 36.0 acre tracts should be
shown on any exemption plat approved. The 1979 exemption file shows a 60 ft.
Row along the west side of this property that needs to be shown on any plat
approved, if this is still a dedicated ROW..
Water and Sewer. The applicant will serve the two acre parcels with City water,
but there is no proposed source of water for the remaining 36 acre parcel. While
it appears that obtaining watermay not be problem, the subdivision regulations
require proof of a legal source of water for each parcel created. Prior to the linal
approval of any exemption plat, either a well permit from the State Engineers
office or approval for an additional tap from the City.
Sewer will be provided by ISDS. Soils on the site are considered to have
moderate constraints for conventional septic tanks and leach fields due to slow
perc rates. Staff would suggest that a plat note be used to address this
constraint.
Building Constraints: The soils information submitted with the application
indicat,es that buildings may be limited by soils that have low strength and
shrink swell prtcntial . A plat note should be included that notes this potential.
Drainage. No drainage easements appear to be necessary, but should be veriflred
on the field by the applicant,s surveyor.
the 1.5 acre split, three (3) parcels can be created through the
process. Based on the criteria in Section 8:52 A, the application
be consistent with the exemption regulations.
D.
B.
C.
E.
F.
IO3.
Fire Protection. The site is located within the Rifle Fire protection district and
the District has stated that they can serve the area.
Easements. Any required easements (drainage, acc€ss, utilities, etc..) will be
required to be shown on the exemption plat.
School rmnact Fees The applicant will be required to pay the $200.00 per lot
impact fee prior to the approval of the final plat foreach of the lots not having
a residence on it.
Citizen Comments: Enclosed is a letter from Earline Davis objecting to the
proposed exemption due to the removal of agricultural land frouq production
and the availability of lots within the city Rifle. (see letrer pEIS
ry. SITGGESTFrIFTNTTTNGS
l.That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
That themeeting before the Board ofCounty Commissioners wasextensive and
complete, that all pertinent facts, mattem and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed exernption is in the
best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garflreld County.
v-RECOMMENDATION
Approval, subjoct to the following conditions of approval :
That all representations of the applicant, either within the application or stated
at themeeting before the Board of County Commissioners, shall beconsidered
conditions of approval.
A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lot, access to a public right-of-
way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities.
That the applicant shall have 120 days to present a plat to the Commissione$
for signature from the date of approval of the exemption.
That the applicant shall submit $200.00 in School lmpact Fees for the creation
of each new exemption parcel.
That the following plat note shall appear on the Final Exemption plat:
"soil conditions on the site may require engineered septic systems and
foundations. Specific ISDS needs on the site will bebased on percolation rates
at the time of building permit. Property owners have been advised that an
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4.
5.
engineered foundation may be required and shoulcl take the appropriate
precautions prior to building. "
6. An approved well permit from the State Engineers Office or an additional
approved water tap from the City must be received prior to the signing of an
exemption plat.
7. Control of noxious weeds is the responsibility of the property owner.
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February 23, 1995
County CommisEtoners
carfleld County
Plannlng Dept.
109 Bth St. Suite 303
clenwood Sprlhgsr CO 81601
Plannlng Dept:
eA${-bLO Cq.r{TY
f have been notlfled that PAR Developing has
applled for:
Subdivlsion exemption to divlde a 40 acre tract
lnto 3 tracts of approxlmately 2.Or2.O acres ln etze,
( teqal descriptlon see exhlbit A) .
f have been notifled once before that PAR Developlng
was trylng to develop the over described land on
County Rd. 293, although thls plan is considerably
dlfferent than the one PAR Developlng was trying for
before. It uas some outrageous number of homes they
were wanting to put uPr and in my optnlon and Itm
sure ln the opinions of othersr ds re11. The only
reason he ls before you today, is because his first
plan failed.
r can only speak for myself-but I feel that the traffic
that Cty. Rd. 293 picks up already fron Cottonwood SPrings
and other county road residentsr going lnto Rifle
and golng hone. county Road 293 ean not with stand anymore
traf f lc, because of wldth and condltion and the dangerg-:.-
of sone of the drive uays. And since the recent budget
cuts there are no funds to do anymore nalntenance on
theEe roads.
I belleve at this time the landE thaU should
into for rrdevelopment" are land lots rith in
To take prine farm land of 40 dc!€sr and do
development'rr when there ls other land that
and that hasnrt been completedr that should
before thls gets any further consideratlon.
Please except thls as notlficatlon that Irm
against this proposal.
be looked
the city 11nlts.rrunnecesEarY
1s being develoPed
be completed
strongly
Stncerely r
€a.-L*e,
Earllne K.
L27O Cty.Rlf1e, co
D"^;
Davl s
Rd. 293
81650
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A PABT Otr' SECTION IO, TOIINSHIP 6 SOUTH, BANGE 93 ITEST, OT THE 6th P.U.
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City of Rifle
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2O2 BAILROAD AVENUE
P. O. BOX 1908
RIFLE, COLORADO 81650
TELEPHONE: (303) 625'21 21
January 12, 1995
PAR Development, L.L.C.
P.O. Box 3l I
Glenwood Springs, CO 81602
Re: Water Tap
Dear Sirs:
At the regular meeting of the Rifle City Council held on January 4th, 1995, the Council
approved your request for one (l) water tap (for domestic purposes only) for a 2 acre parcel
being proposed on County Road 293 in Garfield County.
Consequently, prior to the recording of the Contract to Provide Services/Pre-annexation
Agreement, please submit the legal description of this lot for attachment to this agreement.
If you need further assistance, please contact me.
Sincerely,
&";-r/46r,r**-
Elaine M. Bussone
Planning Technician
GARFIELD COUNTY
BUILDING AND PI/.IIJIV'AJG
January 26,1995
PAR Development, LLC
c/o Robert Fuller
P.O. Box 311
Glenwood Springs, CO 81602
RE: Subdivision Exemption
Dear Mr. Fuller:
Your application for a Subdivision Exemption has been scheduted for a public meeting before
the Board of County Commissioners on March 6, D95 at 1l:30 a.m. in the Commissioners'
Meeting Room, Suite 301, Garheld County Courthouse, 109 8th Street, Glenwood Springs, CO
81601. It is suggested that you be present at the time of the meeting.
Copies of the enclosed exemption public notice form nmd to be mailed by certified return-
receipt to all property owners adjacent to or within 200 ft. ofyour property at least 15 days, but
not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by
certihed return-receipt to owners of mineral rights, or lessees of mineral owners of rcord ofthe
land proposed for exemption, at least I 5 days, but not more than 30 days, prior to the meeting.
Thecertificat,es of mailing and return-receipts from these mailings need to be presented at the
time of the meeting or submitted to the Planning Department prior to the meeting. The
exemption site must also be posted with the enclosed Notice poster, visible from a County
Road, at least 15 days, but not more than 30 days, prior to the meeting.
If you have further questions or concerns regarding the meeting or public notice requirernents,
please contact this office.k
Planner
Enclosures
DHM/sa
'1098th STREET, SUITE 303 945{212t625-5571t285-7972 GLENWOOD SPR|NGS, COLORADO 81601
PI.'BLIC NOTICE
TAKE NOTICE that PAR DEVELOPMENT, LLC has applied to the Board of County
Commissioners, Garflreld County, State of Colorado, to grant a Subdivision Exemption in
connection with the following described property situated in the County of Garfield, State of
Colorado; to-wit:
Legal Description: See Exhibit A
Practical Description: Located approximately ll2mile northeast of Rifle, on the south side of
County Road 293.
Said subdivision exemption is to allow the petitioner to divide a 40 acre tract into three (3)
tracts of approximately 2.0,2.0 and 36 acres in size on the above described property.
All persons affected by the proposed subdivision exemption are invited to appear and state
their views, protests or objections. If you cannot appear personally at such meeting, then you
are urged to state your views by letter, particularly if you have objections to such subdivision
exemption request, as the Board of County Commissioners will give consideration to the
comments of surrounding property owners and others affected in deciding whether to grant or
deny the request for the subdivision exemption. This subdivision exemption application may
be reviewed at the offrce of the Planning Department located at 109 8th Street, Suite 303,
Garfield County Courthouse, Glenwood Springs, Colorado, between the hours of 8:00 a.m.
and 5:00 p.D., Monday through Friday.
That public meeting on the application for the above subdivision exemption request has been
set for the 6th day of March, 1995,at the hour of ll:30 a.m., at the office of the Board of
County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood
Springs, Colorado.
Planning Department
Garfield County
The east lT acres of the Southeast Quarter of the Northwest Quarter
(SE1/4NWL/4) and the west 24 acres and 23 feet of the Southwest
Quarter of the Northeast Quarter (SW1/4N81/4) all in Section 10,
Township 6 South, Range 93 West of the 6th P.M. Except that portion
conveyed in deed recorded June 17, l-981 in Book 574 at Page 663
described as follows:
A tract of land situated in the SE1/4NW1/4 Section 10, Township 6
South, Range 93 West of the 6th P.M. lying southerly of the southerly
right-of-way of County Road No. 293 and more particularly described
as follows:
Beginning at the Stone Quarter Corner common to Sections 9 and 1O of
Township 6 South, Range 93 West of the 6th P.M.; thence North
58o54'24" East 2492.94 feet to a point on the sout,herly rlght-of-way
of said County Road No. 293, the TRUE POINT OF BEGINNfNG; thence
along said southerly right-of-way line North 89o27'OOrr East 25O.84feetl thence leaving said southerly right-of-way South OOo33rOOrr East
260,48 feetl thence South 89027tOO't West 250.84 feet; thence North
OOo33,OOrr West 260.48 feet to the TRUE POINT OF BEGINNING.
z/17 / 0L ao o4o
Efr4arPt Dnuts
BEFORE THE BOARD OF COUNTY COMMISSi-..IERS OF
GARFIELP COUNTY, COLORADO
PursuantroC.R.S.(1973)Section3U28-l0l(10)(a).(d)asamended,andthe
subclivision Regulations of Garfielcl county, colorado' adopted April 23' lgs4Section 2220'49'
theundersigne<r FiP- *tgwpuaor , ttc *spectfulrvperirions
ilre Boarcl of county commissioners of Garrrerd county, colora<to, to exempt by Resolution
the rlivisio n og 4O ucre tract of land into 3 ' -tracts of approximately -
L z , Ee acres each, more or tess, from the clerrnitions of "sub.ivision" and
,,subdivicled lantl,,as the termsare used ancl clehned fur c'R's' (1973) Section 30-28-l0l (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons stated below:
CI ATE Td)O Z A,ZZ Lors. ONO bt i5 ao t{ "'darZ Tr G)ctsrtxt'
r7+€. o br ,/ l( b, USLD_0€/a
S UBMITTAL REQUIREMENTS:
An apptication wtrictr satisfies the review criteria must be st'bmittecl with all the following
information:
A.Sketchmapataminimumscaleofl.,=200,slrowingthelegaldescriptionofthe
property, dimension antl area of all lots or separate interests to becreated, access
to a public right-of-way, and any proposettiasen'ents for tlrainage' irrigation'
access or utilitiest *,.* o^.,ro .rf r,=?0 [eral topographic
B.vl,i',ity*'pataminimumscaleofl,=2000'showingtheget
and geographic relation of the proposed exemption to the surrotrnding area
withintwo(2)miles,forwhiclracopyofU.s.G.s.quadranglemapmaybeused.
c. copy of the deed showing o*n.iririp by the applicant, or a letter from the
pro;erty owner(s) if other than the applicant; and
D. Names anct addresses of owners of record otiand immecliately adjoining toq
within200feetofthep.po,.de*emption,mineralownersandlesseesofmineral
ownersiofrecordofthepropertytobeexempted,andtenantsofanystructure
proposed for conversibn; and
Evidence of the soil types and characteristics of each type; and
Proof of legal and adequate sourc,: of domestic water lor each lot created'
method of sewage disposal, and letter of approval of I'tre protection plan from
appropriate fire district; and
If connection to a community of municipal water or sewer system is proposed'
a letter from the governing body statint a willingness to serve; and
Narrative explaining whyixemption is being requested.; and
It shall be 6emonstrated that the parcel existJO as described on January l' 1973
or the parcel as it exists presently is one of not nlore l!"rn three parcels created
from a larger parel as ii existe<! on January t' 1973'
A $300.00 fee must be submitted with the application'
-Png\evelof ^ L, LLL
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Pei,tionerao Box 3ll
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Telephone Number