HomeMy WebLinkAbout3.0 Resolution 94-124• •
STATE OF COLORADO )
)ss
County of Garfield )
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday , the 7th of November A.D. 19 94 , there were present:
Elmer (Buckey) Arbaney
Arnold L. Mackley
Marian I. Smith
Don DeFord
Mildred Alsdorf
Chuck Deschenes
, Commissioner Chairman
, Commissioner
, Commissioner
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 94-124
A RESOLUTION CONCERNED WITH GRANTING AN EXEMPTION FROM THE
GARFIELD COUNTY SUBDIVISION REGULATIONS FOR GEORGE McCUNE.
WHEREAS, GEORGE McCUNE petitioned
County, Colorado, for an exemption from the defin
land" under C.R.S. 1973, 30-28-101 (10) (a) -(d), as
Garfield County, Colorado, adopted April 23, 1984,
a 49.91 acre tract as described in Book 334, Page 26,
Clerk and Recorder of Garfield County, Colorado,
2.759 and 2.759 acres in size, more or less, with the
Exemption Parcel 1 (See Attached)
Exemption Parcel 2 (See Attached)
Exemption Parcel 3 (See Attached)
the Board of County Commissioners of Garfield
ition of the terms "subdivision" and "subdivided
amended, and the Subdivision Regulations of
Section 8:00 through 8:60 and for the division of
Reception #213664 as filed in the Offices of the
into three (3) parcels of approximately 36.306,
exemption parcels more practically as follows:
(in the State of Colorado and the County of Garfield); and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that the proposed division does not fall within the
purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes 1973, as amended, for the reason
that the division does not warrant further subdivision review; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County
Commissioners of Garfield County, Colorado, that there is a reasonable probability of locating
domestic water on each of said parcels, that there is existing ingress and egress to said parcels, that the
location of septic tanks will be permitted by the Colorado Department of Health, that the requested
division is not part of an existing or larger development and does not fall within the general purposes
and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and
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should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land"
as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d), as amended; and
NOW THEREFORE, BE IT RESOLVED that the division of the above described 49.10 acre
tract into parcels 1, 2 and 3 is hereby exempted from such definitions and may be conveyed in the form
of such parcels "Exemption Parcel 1 ", "Exemption Parcel 2", and "Exemption Parcel 3" as is more fully
described above and that a copy of the instrument or instruments of conveyance when recorded shall
be filed with this Resolution.
Dated this 7th day of November
ATTEST:
Clerk of the Board
vote:
, A.D. 19 94
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORAD
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following
Elmer (Buckey) Arbaney
Arnold L. Mackley
Marian I. Smith
STATE OF COLORADO )
)ss
County of Garfield )
, Aye
, Aye
Aye
I, , County Clerk and ex -officio Clerk of the Board of County
Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and
foregoing Resolution is truly/Copied from the Records of the Proceeding of the Board of County
Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County,
at Glenwood Springs, this day of A.D. 19
County Clerk and ex -officio Clerk of the Board of County Commissioners
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A parcel of land lying In the SE1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.,
and In the SW1/4 of Section 31, T. 5 S., R. 92 W., 6th P.M., Garfield County,
Colorado, and being more particularly described as follows:
1. Beginning at the East 1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.;
2. Thence N. 89'54'41" E., for a distance of 620.74 feet;
3. Thence S. 4'56'26" W., for a distance of 1789.93 feet;
4. Thence West, for a distance of 425.06 feet;
5. Thence S. 89'30'00" W., for a distance of 123.00 feet;
6. Thence S. 8920'00" W., for a distance of 342.23 feet, to a point on the
easterly right-of-way line of Colorado State Highway No. 13;
7. Thence N. 0'02'00" E., for a distance of 1448.10 feet, along the easterly
right-of-way line of said Highway No. 13;
8. Thence N. 89'44'44" E., for a distance of 422.79 feet, to a point on the
west line of said Section 31;
9. Thence N. 0'00'35" E., for a distance of 337.40 feet, along the west
section line of said Section 31, to the Point of Beginning;
10. Said Parcel 1 contains 36.306 acres, more or less.
EXEMPTION PARCEL 2
A parcel of land lying in the SE1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.,
and in the SW1/4 of Section 31, T. 5 S., R. 92 W., 6th P.M., Garfield County,
Colorado, and being more particularly described as follows:
1. Beginning at the Southeast Corner of said Section 36, T. 5 S., R. 93 W., 6th
P.M.;
2: Thence N. 0'00'35" E., for a distance of 341.00 feet, along the east line
of said Section 36;
3. Thence S. 89'50'43" W., for a distance of 447.70 feet, to a point on the
easterly right-of-way of Colorado State Highway No. 13;
4. Thence along the easterly right-of-way line of said Highway No. 13, along a
curve to the left for a distance of 313.75 feet. Said curve has a radius of
2342.00 feet and a central angle of 7'40'32". The chord of sold curve
bears N. 4'25'28" E., for a distance of 313.51 feet;
5. Thence N. 89'20'00" E., for a distance of 329.96 feet;
6. Thence S. 1'30'57" W., for a distance of 32.17 feet;
7. Thence East, for a distance of 242.43 feet;
8. Thence N. 5'32'58" W.. for a distance of 140.19 feet;
9. Thence N. 25'48'28" W., for a distance of 109.17 feet;
10. Thence East, for a distance of 380.06 feet;
11. Thence S. 4'5676" W., for a distance of 864.32 feet, to a point on the
south line of said Section 31;
12. Thence S. 89'53'26" W., for a distance of 392.60 feet, along the south line
of said Sectftn 31 to the Point of Beginning.
13. Said Parcel 2 contains 10.845 acres, more or less.
EXEMPTION PARCEL 3
A parcel of land lying In the SE1/4 of Section 36, T. 5 S., R. 93 W., 6th P.M.,
and in the SW1/4 of Section 31, T. 5 S., R. 92 W., 6th P.M., Garfield County,
Colorado, and being more particularly described as follows:
1. Beginning at a point on the easterly right-of-way Zine of Colorado State
Highway No. 13, whence the Southeast Corner of said Section 36 bears
S. 2617'15" E., for distance of 955.63 feet, and the East One -Quarter
Corner of said Section 36 bears N. 13'20'07" E., for a distance of 1836.90
feet;
2. Thence N. 8970'00" E., for a distance of 342.23 feet;
3. Thence N. 89'30'00" E., for a distance of 123.00 feet.
4. Thence East, for a distance of 45.00 feet.
5. Thence S. 25'48'28" E., for a distance of 109.17 feet;
6. Thence S. 5'32'58" E., for a distance of 140.19 feet;
7. Thence West, for a distance of 242.43 feet;
8. Thence N. 1'30'57" E., for a distance of 32.17 feet;
9. Thence S. 89'20'00" W., for a distance of 329.96 feet, to a point on the
easterly right-of-way Ilne of said Highway No. 13;
10. Thence along the easterly right-of-way line of sold Highway No. 13, along a
curve to the left, for a distance of 22.61 feet. Said curve has a radius of
2342.00 feet and a central angle of 0'33'11". The chord of said curve
bears N. 018'36" E., 22.61 feet;
11. Thence along the easterly right-of-way line of sold Highway No. 13,
N. 0'02'00" E.. for a distance of 181.83 feet.
12. Said Parcel 3 contains 2.759 acres, more or Tess.
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BOCC 8/1/94
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision
APPLICANT: George McCune
LOCATION: Located in a portion of Section 31, T5S,
R92W, and Section 36, T5S, R93W of 6th
P.M.; located approximately 1.5 miles north
of Rifle, on the east side of State Highway
13.
SITE DATA: 49.91 acres
WATER: Cistern
SEWER: I.S.D.S.
ACCESS: State Highway 13
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District C - Rural Areas Moderate Environmental Constraints as
designated on the Garfield County Comprehensive Plan Management Districts' Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The exemption parcel is located along the north boundary of
Rifle, east of State Highway 13. The property is historic agricultural land, and
improvements includes two (2) single -story residential units, and several
o buildings associated with agricultural uses. A vicinity map is shown on page
•
B.
Project Description: The applicant is requesting an exemption to split the 49.91
acre parcel into three (3) tracts approximately 36.306, 10.085, and 2.759 acres
each in size. The applicants have su mitted a sketch plan indicating the
proposed split (sk tch lan on page• ). The applicants cover letter is
shown on pages X . As currently proposed, the two (2) smaller parcels
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would each have an existing dwelling unit, and the third parcel includes the old
orchard.
III. MAJOR ISSUES AND CONCERNS
A.
Subdivision Regulations, Section 8.52 of the Garfield County Subdivision
Regulations state that "No more than a total of lour (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 ofa 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 naturalfeature, preventingjoint use ofthe
proposed tracts, and the division occurs along the public right -of way ornatural
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;
Records in the Garfield County Assessor's Office indicate that the parcel
consisted of 36.3 acres in 1961 (Book 334, Page 26, Reception #213664). In
1972, Mr. McCune purchased an additional 12 acres in 1972, prior to the
adoption of subdivision regulations in 1973. Therefore, up to four (4) parcels
may be created through the exemption process.
B. Zoning. The exemption parcels are consistent with the two (2) acre lot minimum
lot size for the A/R/RD zone district.
C. Legal Access. Legal access for all three (3) exemption parcels is directly from
State Highway 13. The current proposal would allow access to parcel #3 via an
existing driveway currently providing access to an existing dwelling unit on
Parcel #2. Parcel #3 would require a new driveway from State Highway 13.
D. Water and Sewer. The parcel is located directly adjacent to the City of Rifle.
The City of Rifle has agreed to provide domestic water to the parcel, bu is
requiring the applicant to extend lines from 30th Street (see letter on page)!
Discussions with the applicant's Attorney have indicated that the applicant has
NO intention of extending services as part of the exemption request.
An alternative proposed by the applicant is the use of cistern and bottled water
to serve the exemption parcels. Staff has considerable concern regarding the use
of cisterns and bottled water to provide domestic water for a subdivsion
exemption.
Section 8.52 (D) states that the Board shall not grant an exemption unless the
division proposed for exemption has satisfied the following criteria:
"....Provision has been made for an adequate source of water in terms of both the
legal and physical supply, quantity and dependability...".
In staff's opinion, the use of trucked in water fails to meet this standard,
particularly in regards to dependability.
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The applicant has indicated that the applicant has historically used water stored
in a pond and originating from teh Grand Tunnel Ditch. This water is only used
for irrigation, and should be proportionally shared by all exemption parcels.
Sewage disposal for the exemption parcel is ISDS. Soil types on the site are
predominantly Helt clay loam (#29). The SCS classifies this solil type as having
severe constraints for ISDS, due to slow percolation rates. Staff suggests that
the following plat note be included on the final plat:
"Soil conditions on the site may require engineered septic systems. At the time
of building permit submittal, a site-specific percolation test shall be done at the
time of building permit submittal."
E. State and Local Health Standards. No State or Local health standards are
applicable to the application.
F. Drainage. Drainage easements do not appear to be necessary on the site.
G. Fire Protection. No letter has been received from the Rifle Fire District. Staff
suggests that this be a condition of approval.
H. School Impact Fees. Each newly created lot (total of 2) is subject to the required
$200.00 per lot school impact fee.
I.
Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural
Hazards Mapping for the site, which indicated that the site is in an area of Soil,
Slope, and Groundwater/Septic System constraints.
IV. SUGGESTED FINDINGS
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
Based on the use of bottled water for domestic purposes, staff cannot recommend
approval of the proposed exemption. If the Board feels that bottled water is accepable,
staff would suggest the following conditions of approval:
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 will be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, and any proposed easements for
drainage, irrigation, access or utilities.
3. 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.
4. That the applicant submit $200 in School Impact Fees for the creation of each
new lot.
5. Driveway permits, if necessary, shall be obtained from the Road and Bridge
Department prior to the issuance of a building permit./
6. Control of noxious weeds is the responsibility of the property owner.
7. The following plat notes shall be included on the final plat:
"Soil conditions on the site may require engineered septic systems. At the time
of building permit submittal, a site-specific percolation test shall be done at the
time of building permit submittal."
8. USFS Wildfire Prevention Guidelines shall be following for all residential
construction.
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LAW OFFICES
ROBERT B. EMERSON. P.C.
66 SOUTH THIRD STREET
CARBONDALE. COLORADO 61623
(303) 963-3700
ROBERT B EMERSON
May 31, 1994
Mr. Mark Bean
Garfield County Department
of Development
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Re: McCune Subdivision Exemption
Dear Mark:
FAX (303) 963-0985
Ill'sn! , y i � ,; f
''tJUN 0 2 1994 li
CI 5W:it::LD 6 Z ijr1"f'Y
I am enclosing a Petition for Subdivision Exemption for George
McCune. It seeks to divide a 49.9 acre tract of land into three
tracts. Enclosed are the following submittal requirements:
1. Sketch map.
2. Proposed legal description of parcels.
3. Vicinity map.
4. Title Insurance Policy showing ownership by the
applicant.
5. The names and addresses of the owners of record of land
adjoining and within 200 feet of the proposed exemption and the
last known addresses of mineral owners. There are no mineral
owners, lessees of mineral owners of record, nor tenants of any
structure proposed for conversion.
6. Evidence of soil type from the Soil Conservation Service.
7. Sewage disposal will be by individual septic tank unless
sewer services from the City of Rifle are extended to the subject
property.
8. I will provide a letter of approval from the Rifle Fire
Protection District.
9. Domestic water for this property has historically been
supplied by and utilized from Gi-and Tunnel Ditch. There is a deep
pond on the property in which water is stored and used throughout
the year. Enclosed are copies of deeds which show Mr. McCune's
• •
Mr. Mark Bean
May 31, 1994
Page 2
ownership of this ditch right. Drinking water is supplied in
bottles or tanks on the property. Domestic water from the City of
Rifle may be extended to the property in the future. A letter from
the City of Rifle stating a willingness to serve this property will
be provided.
10. The parcel to be divided existed on January 1, 1973. The
applicant purchased the property from the heirs of the Coulter
Estate in December, 1975. I will provide evidence that the Coulter
family owned this property prior to January 1, 1973.
11. Application fee of $300.00.
The applicant seeks to divide the property into three tracts. The
larger tract has historically been used as an orchard. There is a
house on the two smaller tracts. Mr. McCune is an 85 year old man.
He seeks to divide this property so that it can be sold in separate
parcels.
Please set this matter for hearing and let me know the hearing date
and if any additional information is needed.
Sincerely,
ROBERT B. EMERSON, P.C.
By:
RBE/rjj
Enclosures
cc: Mr. George McCune
Robert B. Emerson
• •
City of Rifle
202 RAILROAD AVENUE
P. O. BOX 1908
RIFLE, COLORADO 81650
TELEPHONE: (303) 625-2121
June 10, 1994
Mr. Bob Emerson
86 South 3rd Street
Carbondale, CO 81623
Dear Mr. Emerson:
The City has evaluated your request to serve the McCune property, Parcel 2127-313-00-195,
with City water. This parcel is contiguous with the City limits and is presently eligible for
annexation. Upon annexation, it would be eligible for all City services including water. The
existing water and sewer main lines currently extend north along State Highway 13 to 30th
Street. It would be the owner's/developer's responsibility to extend these main lines north to
the McCune property.
If I can answer additional questions, please let me know.
Sincerely,
*))77?frertett,,to_
Tim Moore
City Engineer
TM:emb
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