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HomeMy WebLinkAbout2.0 Staff Report BOCC 07.06.93RIIQUEST: APPLICANT: LOCATION: SI-TF ITATA: YATER: SFnl.FR: ACCESS: EXISTING ZONING: A TIACENT ZONING: BOCC 716t93 PROJECT INFORMATTON AND STAFF COMMENTS An exemption from the definition of subdivision. Richard Morgan A paroel of land located in a portion of Section 10, T65, R93W of 6th P.M.; Located on the north side of County Road 294, adjacent to the Rifle City Limits. The site is approximately 26.31acres. City Water Proposed ISDS/Central Sewer County Road 294 A/R/RD City of Rifle II. RFI ATIONSHIP TO THE COMPRFHIINSfVF PI AN The site is locat,ed in District B - SubdivisionVRural Serviceable Areas (Minor Environmental Constraints) as designated on the Garlreld County Comprehensive Plan Management Districts' Map. TTFSCRIPTTON O|r TFII] PROPOSAT A. SiteDercription: Theparcel isadjacent to the Highlands EastPUD, beyond the eastern boundary of Rifle. The parcel includes irrigated agriculturalrlands anfl a single-family dwelling unit. A vicinity map is attached on page ab Adjacentlandusesinclude thesinglefamily dwelling unitsandagricultural uses. B. Project rrercrintion: The applicant is requesting an exemption to split the 26.31 acre parcel into three (3) parcels of 7,2, and 17.31 acres in size. The applicant !3q,1gbmitted a sketch plan of the proposed exerrption parcel, as shown on page ( I. The applicant is requesting the exernptiop as gifts to his family. The applicant's cover letter is attached on page 4. M IOR ISSITFS l\rrr CONCITRNS A. Subdivision Regulations. Section 8.52 of the Garflreld County Subdivision m. oJ- B. C. D. E. F. Regulations state that "No more than a total offour(4) lots, patels, interests or dwelling units will be crcated from any parel, as that parel was described in the rceords of the Gailield Couaty clerk and Recorder's Offrce on lanuaty 1, 1973, and is not a part of a recorded subdiuision; however, any parel to be divided by exemption that is spht by a public rigltt-oLway (State or Federal highway, County road or railroad) or natwal featwe, preventingioint we ofthe proposd tracts, and the diuision occurs along the public ight-of way or natunl featurq such parels thercby crcated may, in the disuetion of the Board, not be considercd to have ben ueated by exanption with rcgard to the four (4) lot, parel, intete.st ordwelling unit limitation otherwise applicable; Records in the Garfield County Clerk and Recorder's Oflice indicate that the paroel was approximately 38.3 acres in size prior to January 1,1973. (Book 162, Page 448). In 1982, the parcel was split through the exemption process. The 1982 exemption create three lots of 23]JQegS 5 acres in size. A copy of Resolution 8l-261 is attached on pageg{!3hd a graphic portrayal oitn" 1982 exernption is attached on page Z,a It is unclear why there is a descrepancy between the size of the parent parcel in 1982 (23.3 acres) and 1993 (?5.31acres). Based on Section 8.52, the property is elegible for only one (l) additional split through the exemption process. Additional splits are possible through the full subdivision process. Toning. All lots conform the two (2) acre lot minimum lot size for the A/R/RD zone district. I ogal Access. All lots creat,ed have direct access from County Road 294. No easements appear to be necessary to access the exemption parcels, however driveway pennits are required from Road and Bridge. Watef and Sewer. The two (2) acre parcel directly adjacent to tle City of Rifle would be served by central water and central sewage. The seven (7) acre parcel, located at the northeast corner of the property, would be served by central water and ISDS. A letter from Michael Bestor, City Manager, indicates the City's willingness to serve the parcels, however, Mr. Bestor indicates that the City has ..."no idea how (the City) would provide water to the Morgan property, I do believe the Council would be agreeable to do lgg*ce the technical problems are resolved" (see Mr. Bestor's letter on page al l. No reference to central sewage is contained in Mr. Bestor's letter. (} Z8A State:and I ocal Health Standards. No State or Local health standards are applicable to the application. f)rainage. No drainage easements appear to be nece$sary, but should be verified in the field by the applicant's surveyor. Fire Protection. The proposed exemption is locatred in the Rifle Fire Protection District. Kip Costanzo, Fire Chief, has approved the exerrption, and a copy of Mr. Costanzo's approval is attached oo'pug" 2? . Easements. The Final Exemption Plat must include access easements, water G. H. ry- v- easements (if necessary) and any easements necessary for drainage. L School tmnact Fees. The additional lots are subject to the required $200.00 per Iot school impact fee. J. Natural Hazards. Staffreferenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exennption is not located within an area of Soil, Slope, or Groundwater/Septic System constraints. ry. SUGGESTFTT FThtNfNGS 1. Thatproperposting and public notice wasprovided asrequired forthemeeting before the Board of County Commissioners. 2. That themeeting before the BoardofCounty Commissioners wasextensive 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 th3 citizens of Garfield County. RFCOMMITNTTATION If this exemption is approved with the proposed configuration, Staffs opinion is that the exemption would violate Section 8.52, in that 5 (five) lots would have been created from the parent parcel as it existed on Januar! 1,1973, assuming no natural feature prevents joint use of any exemption parcels. The applicant is elegible for only one (l) additional splitthroughtheexemptionprocess. Staffcanonlyrecommendapprovalfor one additional lot, subject to the following conditions: l. Thatall representations of the applicant, eitherwithin the application orstated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exe,mption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to tb 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. That the applicant submit $200 in School Impact Fees for the creation of each new lot. control o[noxious weeds is the responsibility of the property owner. RR. Lor *Z Documentation from the City of Rifle regarding central sewagetwill be a submitted to the Planning Departnent prior to signing an exemption plat.1-OT Z - 4. 5. 6. $rmrslw"F STNTE OF COLORADO CountY oI Garticl..l RocorcJcd or LL73 o ctoctt Reception No.jIj:$I}} Dorrx 5E0 rrcf AUG :17 l98l AISDORF, nECOnDEP dS 1,," _PM. MILDRED Commisdoner Chairman Commissioner Commissioner CountY AttorneY Clcrk oI the Board Jrzz-toq-oo-oo/ /D Ja'c( E-tr) h,vfr, B/Pa+ At a ......TS.gtt1.n.f.............. ...... meeting of the Board of County conrnrissioncrs for Garfield county' Colorado' AiigiiSU.. ---...-.....................n. o' rs..Y.L......., therewere prcsent: when the following ptoccedings, among others were had and done' to'wit: RESOLUTI9N NO. 81-261 RESOLUTTON CONCEINED wrrfl GRANTTNG AN E:c]rprroN FRO]I rHE GARFTELD CoUNTY SUBDrVrsroN REGULATIONS TOR RTC}IARD }IORGAN. WHEREAS, Richard llorgan has petitione<l the Board of County Commissioners of Garfield counry,. ;;i;;;;, for an, exeqrprion fiom the definltion of the terms "subdivision" and t,subdivlded land" under c.R.s. 1973,30-28-101 (10) (a)-(d)' as amended, and the subdivision RegulaUions of Garfield County, Colorado, adoptea 'lanuary Z, lgTg' Sections 2'O2'ZL (d) and 3.02.01 for Ll-.e division of a 38.3 acre tract described as follorvs: The property described as beginning at the SI.I corner of the M{kSEk of Sectlon 10' Townshlp 6 South, Range 93 WesC; tilence 1{est 165 feet Eo corner No' 2: thence in a Northwesterly direcEion to a point on the North line of the l{EkSI'lk of sald Section 10; a9! feet West of thl Northeast corner of NEkSIJk of said Sec1f9110' corner No. 3; Ehence East 1819.9 feet to t,he NorEheast corner of the 1q1t25B!6 of saitl. Section 10 to corner No. 4; thence Souch 550 feet to corner lio' 5 a Point on the cerrter og itu-c;;;;y Road; ih"r,"" South 5g"27r liest a'long the center of the .county lload 1527.71 feet to corner No. 1, rhe place of beginning, containing 38'311 . acrEs, more or less. Together with .3 c.f.s. tf water in the Rifle Creek Canyon ;i;;: -il; ;i"ue descrif,ed t-and being in rhe Nl.rlasEla and Ehe NEkswk of section l0' Tor.rnshlp 6 south, Range 93 trlest of rhe 6th P.l'I., into;l tracts of approximately iO, S, and 23.3 acres each, more or less, which proposed divided'Eracts are nrore partlcularly. described as fol-lows: Tract A: Beginnlng:t a point on the East l-lne of the I'MkSEk of Section 1O' 'Township 6 South, i.r.rg" 91 tlest of the 6th Principal lleridlan, Garfield C9Ylty' Colorado, whence the Nortt'east Corner of said mlabrk bears N 0'26'35" vl' 250'84 feet; thence S 0926'35" E. 225.21 feet a]-ong said east line of the llWlcSE*' rc a polni on the northerly right of way line of 9oYl.V Roa{. ll294i thence along a curve .to the righr havlng a'cenlral angte of.43o08152", a radtus-o-f 140'00 feet, an arc length of 105.43 feet and of wtrrch the chord bears s 38o0515!"t'1, L02'96 rg:!; thence, conEinuing along said northerly right of wa1' line-.S 59"40r20" I'l ' 526'45 feet; thence N 0'25'18" W, 582,32 feet; thence S 88'21118" E, 525'34 feet to the poini of beginnitg.. Containing 5.00 acres' more or less' rnnino ai rho canrpr !r corner of Section 10, Torunship 6 South, RangeTract B: Beglnning at the Center k Corner of Section 10, Tor' 93 West of the 6th principal Meridian, GarfieLd counEy, Colorado; thence N 89" 44r46r'E, L323.32 feet along the EastilJesr centerline of said section 10 to the Northeast Corner oi itr. mltlfrr; of SecClon 10; thence S '0o26'35"-E r- 250'84 feet Along t,he east line of saia NiliSgk; thence S 89'44f46" I'I, 520'60 feeE; thence S 0o26;35" E, 569.77 feec to a poinE on the northerly righr of way line of County Road /1294; thence S 59"40t20" l{, 851.08 feet along said northerl-y rlght of r"ay line; thence "or,air,Iitlg "f."g "oia riltrt of way line, along a curve to the righc having a centraf r.,eiu: 3f iZ'iS'39", a radius of 320.00 feet; an arc length 9f 9.8'48 feet . and of r.rhich the chord bears S 65",18'10" I,l, 68.19 feet; Ehence S O'32r15'r E, 45'33 feet along the Horth/Sotrth Centerline of Scction I0 to the Southwest' Corner- of rhe M.llaSElC of said Section l0; thence N 89o44'24" E, 165.00 feet along the south line ;i-it,o- lftrSl,/6 of Section fO; it""ce N 14o33'46" W, 2l4.gl feer; Ehence N 75o26'14" E, I34.82 fecti thencc N 51'45'33" E, !47.08 feet; thence Il 0'i4'27" [''J, 280'00 feeti ltoo"o ll ZZ't+;27" l,I, 351.66 feer; thence N o'14'27" l'1, ?38.42 feet' to a point on [i," n;"ll]t;"a centeriine of Secrton I0; thcnce N B9o39'32" E, i94.85 feeE along sald East/I.lesr Centerlirrc to Ehe poinE of bcginning. Containing 25'355 acres' more ho<qa{ ay,.aMPTr^[ 1q8l alFMPnc{z:P-,ovnTlo\ . .or less. Brrort 5S0 rucr 69 , Tract C: Beginn,tng at: a polnt on t.hc [asr/I,Iest C:nterlinc of Section 10, Townsh{.p 6 Sout-h, ltrrrge 93 l,lesE of tlr.. rrth l'rlncipal. ]lericlian whence the Ccnter !6 Coruer of sal<l Scctlon 10 trcnrs N 89o39t3?" li, 191r.95 feet; Ehcncc S 0o14'271'I',238.42 fcet; thcnce S 22"L4'27" T,,351.66 [,:cfi thcncc S 0"14'27" li, 280.00 feet: thence S 57'45t33" I,r, 147.08 fcec; thcncc S 75':'i'1J," W, 134.81 feetl Ehcnce N 14o33t46rt W, l1/16.76 feet to a poinE on the East/t'Icst Lt.:*t-.::l.ine of SccEion 10; Ehence N 89" 39r32" E, 300.00 fcct along sald East/t'test Cerrr--:']inc of Section 10 to the l.rIlEl{EAS, the PerlLloner has dcmonstrated Eo Ehe satisfaction of the Board of County Comnlssioners of Carficld Courrty, Colorado, EhaE Ehe proposed division does noE falL wirhln thc purposes of Part [, Artlclc 28, Title 30, Colorado Revised StaEutes 1973, as amended, for the rcason EhaE ttre impaet creaEed does noE warrant, a ful1 subdivison review, and ' I^IIIBREAS, the Petitloner has demonsErated to the satisfactlon of the Board of CounEy Commlssloners of Garfiel-d County, Colorado, that there is a reasonable probability of 1oc- ating domesEic water on each of said tracEs, t,hat there ls adequaEe ingress and egress to said tracEs, ttraE the locaEion of septic tanks ruill- be permirted by the Colorado Department of llealth, that Ehe requested dlvision is noE part of an existing or larger developmenE and does not fall wiEhin the general purposes and intent of Lhe subdivision regulations of rhe State of Colorado and Ehe CounEy of Garfield, and should, therefore, be exenlpted from fhe definition of Ehe Eerms ilsubdivision'r and t'subdivided land" as set forth in C.R.S. L973, 30-28-101 ( 10) (a)-(d) . ,as amended; ' NOI{, TUEREFORE, BE IT RESoLTrED Ehat Ehe division of rhe above described tracts rrArr, fiBrr, and t'C" from the above descrlbed 38.3 acre Eract, is hereby exempted from such definitions and.said tract may be divided into tracts tt,11ttr.rrBtr, and "Ctt, all as ls more fully described above, and said divided tract may be conveyed in the form of such smaller tracEs wit,hout further compJ-lance with the aforesaid subdivision statuEes and regulations provided, how<lver, Ehat this'exemption is granted on the condition and with the express . understanding and agreemenE of the Peritioner Ehat no furrl-.er exemptions be allowed on said . tracts ttA"r "Btt, and "C", and that a copy of the instrumen! or instruments of conveyance ri,hen reeorded shall be filed with this Resolut.ion. st: Deputy Cl of Count,y GarfLeld .I Upon motlon duly made and secondcd the foregoing Rerclution was adopted by the foltowing votc: ..............1,.a.rrv-..!.s.1.*.rsu.e.;, Commlssloncrs STATE OF COLORADO County oI Grrfield l" lr ....,...........1. ....., Cotrnly Cletk and ex-officio Clerk of thc Bo.rrd of County Commissloncrs l,n and for tho County and State aforosaid do hereby ccrtify that thc anncxcd and loregoing Oidcr ir truly copied from thc Records ot tho Proceedingr o[ 0re ltoard oI County Conrmissioners for said Garfield County, now ln my o(fice. tN IVITNESS WIIEREOF, I hlve hereunto set my hand aud affixcd tho serl of sald County, !t Glenwood Sprlng:. .-., n. D. 19..........,... THE BOARD OF COTJNTY CO}I}IISSIONERS GARFIELD;-COUMY, COLORADO k o,f'-ghe Board Conrni(sioners CounEy, Colorado th1r.................... day oI a Ol , County Clerk ln<l oxoffir:lo Cterk ot tho tlonrd ol Counly Commlrsloncrr.tarr- - +z MORGAN LOT SPLIT w. a Ag$L 6$ DII( *Fs E$$r-1 O.{taLJ lo, T.6s., R.93 ELD CO. 7, SEC. GARFIIE7J'sElll0r $EH t frfl LOT $# ra i / 4dgr J N ^E^.fti./l l-ora-)E-A \ J dsr fo../\ t\-p'g- Fq AdI! 33ia7* $Tj L t.,: :!ll. ; ,:l : ,1, I , t:lt'l ! , ,,,r:ri 'r ." r' ,,\,, i i::', , i:: 1,,. 'I .i: , riiliii',.,'':J r: : City of Rifle JIIL^:=JIJ 1 202 RAILROAD AVENUE P. O. BOX 1908 RIFLE, COLORADO 81650 TELEPHONE: (3o3) 625-21 2l June 10, 1993 Mr. Dave Michaelson, Planner Garfield County Plannin! Department Garflreld County Courthouse 109 - 8th Street Glenwood Springs, CO 81601 Dear Dave: On May 5th, 199J, the Rifle City Council considered the request from Kay and Richard Morgan, 1107 County Road 294, for the City to provide water service to two additional single family residences on their property. As you can see from the enclosed excerpt from the minutes from that meeting, the Council is concerned about our ability to provide water to those additional residences. We have budgeted money in 1993 to conduct a comprehensive study of our water system and provide us recommendations. Although, at this time, we have no idea how we would provide water to the Morgan property, I do believe the Council would be agreeable to do io once the technical problems are resolved. We, of course, would require pre-annexation agreements and subject the homeowners to all of the regulations as they apply to out-of-City water users. We recently turned 'do*n a request from Cottonwood Springs Mobile Home Park to provide out- of-City water because of the size of the commitment. We have always been willing, however, to extend water to one or two single family residences at a time if they are located close to our limits. I hope that this letter is sufficient for your needs and for the Morgans. Please feel free to call me if you have any questions. Sincerely, , , lwl(/'{ Michael C. Bestor, iCity Manager MCB:emb : JUil I I 1995 -33 - Mr. Moore tcild Cotncil_he received a reques! from the Morgans,wry_X*19 their paiciioThoa[q uyF*t 7th Street into 3 ti"dE P"lfltr,t?1sr.f:-tgP,P:9::n;*iril;ii,;fi;#ir.'n fii"unrexqtlgn agreement wis signed,r"t t!:-l,lgl:!3r:.] t*6,-t o*rurr, dn"* agrlifoent*ould be rEquired for ttre idditional wateitaPs:j:: ,oiced their concerns aEout the size of the waler line in that area and the ilbility to sup recommended accepting the bid from Arnhold Fabrication in Grand Junction. Cffi.it"r;mU"i Fi"tritt"moved to approve $6,772tuomthe Capital Ful$ for the ;;aifiaii*Jto itrJtrucf to be done by Arnhbld Fabrication iir Grand Junction; by Councilmember Ctroate. ROLL CALL: Yes - Pickett, Arnold, Beveridge, Choate, LrDonne, Ling INFORMATION CENTER Mr.Zans.presented Council with a list of purchases to spend the Department c ts:i#sfr tP"d,*iJ,:i'iri*ils;*:,*ntkfJl"fr r$;{,T""il#3fJi3t#? ;";r'liffi fj;d;tffi iiii citv. lrti. Bistor said he thinks that ihis has already bqgn tak :*^ ^;^"-;.,;il ^^-c* rf io i-ofnre tha rrranf rirrrnev ic snent- Cnuncilmember Choatei"iii6-ifnO *iti ionnrm thisbefore the grant money is spent. Councilmember Chc llii:*lglflBi:*[f:ixpenditure of uie Dot.A Gant as presentedl seqonded bv ROLL CALL: Yes - Pickett, Arnold, Beveridge, Choate, IrDonne, Ung CITY ATTOHNEY SdCOND READING OF oRDINANCE NO.8, RATIFYING AND appnOVmGeN aMSNDMENTTO APoRTION oFTHE CREEK itmaoows-nBrier No. a eNp APPR6yING A MoDIFICATIoN To ffi CREEK LTSADOWS PI-AI.{NED UNIT DEVELOPMENT. Mr. C-artiiiold Council that the development agreement requested at first readins of this;di""rd hias been completed and signedby all parties involr"d. voiced their concerns waier line in that area and the ability to sup adeouate water Dressure. Councilmember Arnold moved to not allow any more water "r1i" i;tffi;;titiil iize of the line and the pressure problems are addrbssed; secont Councilmember Beveridge. ROLLCALL: Yes - Pickett, Arnold, Beveridge, choate, [,eDonne, Ling Mr. Moore informed Council that the traffic counts on Railroad Avenue show on a tvDlfil *;;kd;v thoi uri g,0oo - to,ooo vehicles and on weekends as many as 11 ;;ht"i'"[:-Th;.;fii'";*i[ nowbe moneh to the hills to seewhat the traffic is on the collector streets. Mayor Ling called for a short recess. (9:ffi p.m.) Council returned to regular session. (9:10 p.m.) mgilfi t-eiffi.itdi-assiiiisoroinqnponsecrindrelding..touliitqcq.u_11![113-tli;ilh;;ift!;;"nd pug" oi ihe ordinance. Couniilmember t*Pop1r9.To1e! foap;il;-il6;;; &-916 rhono reaoing as amend,eg_qld ordered it pirblished in fuaDDrove ordinance t{-93 on secono reaomg as amenoeu arl( r6quired by Charter; seconded by Councifmember Choate. ROLLCALL: Yes - Pickett, Arnold, Beveridge, Choate,IrDonne, Ling Mr. C;artef requested Council approve a Release of Lien for the propertywh Nlk CUy Cdt rcll Ml,tll,tc, May 5, 1943 a8fr ii, ,,i',,i!, 'i l. Mll, ii rrl '. ,r1,. ,i, ',li i,, , :, " ;il: i r l! !i :: i;''.ilt'. : :.:r,: ...,l ii ;f1i, . 1: , rrl,lol* , (!) -L I u? \/ *il,lrQ'./ . -, (r 2t( IIAP oy a *'l (iq., I' .*-,/- i2tl \ ,..1 u* t.h*, .iT.'1,'il:.,-J I - r2 , .-/';'\.- r I '-r:: (l1y 2,/" NtVttr'iECrq LtPttrt @a*eulft^l?N*' t'Aoraal e __.1-_--- -30 - VLct\tfff M m*l . . : . .:!-_. . .,: .. ..-.: tt. ".' .a,:..:- :,:.-.:r ' : ' .: a a, ', 'q a1- h- , Es $3A-tfi--r-r'| 1* l$H. Q\ZI =u\ aa .'i J F. a a \ J lnI- MORGAN LOT SPLIT LOT 7, SEC. lo, T.6S., R.93 W. t-J 'ft,$ tsB rl::l '.1 April 28, 1993 Garfield County Commissioners 109 8th Street , Glenwood Springs; CO 81601 RE: Morgan / Morgan Exemption Petition Dear Commissioners: I have applied for exemption from subdivided land status to break off from my 28 parcel two parcels, one to eactr of my sons. The property will be presented as a from myself to MitCh Morgan, Michael Morgan and their familles to build single family dwellings on. Sincerely, Dick Morgan O3J- 'II A' ,,lt l:l ,'il, .'ti . . ti:; lr!:, .iilr ':!:l ii. I : l::, .,;l!;r.: i ri!'i i - lll I II 'xJ', "i' !11 :: i i':!. 1'ii!,,. ,: ril i i r ; '.{il.,:: i :i' :.,:' cRtfte cFire cProtection CDist Box 1133 ' Rifle, Colorado ' 81650 Rifle Fire Protection District the property of Lot 7, County, the development Garfield County Planning and Zoning 109 I th Street Suite 303 Glenwood Springs, Colorado 81501 To whom i| mav concern, This letter is to inform you that the has reviewed the proposed development of Section I0, T. 5 S., R. 93 West, of Garfield proposed by Mitchell Morgan. The Rifle Fire Protection District finds this proposal to be compliant with the rules and regulations regarding Eire Safety and Fire Prevention as set by the District. FeeI free to contact me with any further questions or qomments. Kip Costanzo Fire Chief Fire Protection District -sr/ -