HomeMy WebLinkAbout2.0 BOCC Staff Report 04.07.1997• •
BOCC 4/7/97
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An Exemption from the definition of
Subdivision.
APPLICANT: Thomas & Donna Reppo
LOCATION: A tract of land located in Section 34, T7S and
Section 3, T8S, R96W of the 6th P.M.;
located approximately four (4) miles
southwest of Parachute along County Road
300.
SITE DATA: 326 Acres
WATER: Shared Well
SEWER: Individual Sewage Disposal Systems (ISDS)
ACCESS: County Road 300
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract is located in an unclassified District according to the Garfield County
Comprehensive Plan's Management Districts Map (l 981; 1984 Plans).
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject tract is 326 acres in size, located approximately four
(4) miles southwest of Parachute, along County Road 300. The area proposed for
exemption lies on an alluvial fan at the mouth of Spring Creek, north of CR 300 and
south of the Colorado River. The tract slopes gently toward the River and the
dominant veget tion is sage with a few cedar trees lining Spring Creek. See vicinity
map, page • • .
• •
B. Adjacent Land Uses: Adjacent land uses are largely devoted to agricultural and
residential on generally, larger -sized tracts.
C. Proposal: The applicants propose to divide, by exemption, the 326 acre tract into
four (4) parcels of approximately 11.0, 11.0, 14.0 and 290.0 acres each. Staff
presumes the parcels would be developed as single family homesites. See sketch map,
page •
M. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 (A) 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), preventing joint use of the proposed tracts, and the division occurs
along the public right-of-way, 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 applicants purchased the tract in March, 1979, and obtained sole interest to the
tract in October, 1986 when the Hofferbers deeded their 1/2 interest to the Reppos.
��See deeds, pages i . The history of the tract has been difficult to
determine; however, research of Planning Department and other records indicates that
no exemptions have been created from the 326 acres, after January 1, 1973, therefore,
this petition complies with Section 8:52 (A) of the Subdivision Regulations.
Subdivision regulations require that, if approved, the plat contain a note that no more
divisions by exemption shall be allowed.
B. Zoning: The tract is within the A/R/RD zone district and all proposed lots are in
excess of the two (2.0) acre minimum lot size. The area proposed for exemption
slopes at an average of 9%, which would not create an impediment to development.
The parcels border the Colorado River and, according to the floodplain map attached
on page •/0 • , the proposed, exemption parcels are topographically higher,
generally, than the 100 -year floodplain. The northern corner of the proposed, easterly
lot would be within the 100 -year floodplain; however, and staff suggests a plat note
to state that a floodplain special use permit would be required if any structures are
proposed to be placed in this area. Additionally, the note should state that all
structures adhere to a setback at least 30 feet from the mean high water line of the
Colorado River and Spring Creek, to comply with Section 5.05.02 of the Zoning
Resolution.
The alluvial fan associated with Spring Creek has not been mapped or identified as
any type of 100 -year floodplain; however, by virtue of being an alluvial fan, historic
• •
floods have contributed to its creation. Staff suggests that, at a minimum, all building
foundations be required to be engineered to withstand flotation, collapse and lateral
movement. (This similar, alluvial fan floodplain situation exists at the mouth of
Helmer Gulch, in the Rifle Village South subdivision, which is a regulated floodplain.)
C. Water Supply: The applicants propose to utilize an exempt, domestic well that would
be shared among the three (3) parcels. The well has been approved by the Division
of Water Resources as a water supply for up to three (3) single family dwellings, with
outside irrigation of up to one (1) acre foot and the watering of domestic animals.
See permit, page • / 1 • . No physical water supply information was submitted
with the application and a check of Division of Water Resources records indicated
that no representative wells exist within 1/2 mile of the site. Given the proximity to
the alluvium of the Colorado River, Spring and Wallace Creeks, staff would
contemplate that a sufficient, physical water supply does exist.
D. Soils/Sewer: The proposed method of wastewater treatment is the use of individual
sewage disposal systems and, according to the Soil Conservation Service, the soil
where the development is proposed is classified as Ildefonso stony loam. When used
for building site development and the placement of ISD systems, the soil is considered
to have severe constraints due to the presence of large stones. Due to the severe
designation, staff suggests a plat note stating that engineered building foundations and
ISD systems are required.
Access: The exemption parcels are proposed to be placed in a linear fashion, between
CR 300 and the Colorado River. As proposed, all lots would have approximately 330
feet of frontage along the north side of the county road and sight distances should be
adequate. Staff suggests the applicant consult with Road and Bridge and obtain any
required driveway permits, prior to final approval.
F. Fire Protection: The Grand Valley Fire Protection District has submitted a letter
stating that the District approves of the exemption, suggesting that: 1 ] All structures
be separated from exiting trees by a minimum of four times the surrounding tree
height or 60 feet; 2] water for fire -fighting purposes would be sufficient from the river
or from a pond; 3] access to CR 300 appears to be sufficient. See letter, page 1 s.
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 Site Acquisition Fees: The applicant would be required to pay the $200.00
school site acquisition fee, per lot, for the creation of the exemption parcels.
I. Comments Received: William Patterson has submitted a letter stating he has no
objection to the proposed exemption. See letter, page ../3 • .
IV. SUGGESTED FINDINGS
1. That proper posting and public notice waprovided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board o County Commissioners was extensive and
complete, that all pertinent facts, mat ers and issues were submitted and that all
interested parties were heard at that me ting.
3. That for the above stated and other resons, the proposed exemption is in the best
interest of the health, safety, morals, con enience, order, prosperity and welfare of the
citizens of Garfield County.
V. RECOMMENDATION
Staff recommends APPROVAL of the applica ion, 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 C mmissioners, shall be considered conditions
of approval.
A Final Exemption Plat shall be sub tted, indicating the legal description of the
property, dimension and area of the pr • posed lots, access to a public right-of-way,
and any proposed easements for setbacks drainage, irrigation ditches, access, utilities,
etc.
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 Site Acquisition Fees, per lot ($600
total), for the creation of the exemption parcels, prior to authorization of an
exemption plat.
5. 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.
6. That the exemption plat submittal includ
a copy of a computer disk of the plat data,
formatted for use on the County Assessor's CAD system.
7. 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 El.
8. Prior to final approval, the proposed well
hours duration, with an opinion of the
flow will be sufficient for the intended
created. Additionally, the water shall
bacteria content. All information shall
review.
•
9. The applicant shall consult with the Ro
any required driveway permit, prior to
10. That the following plat notes shall be i
"The minimum defensible space distan
terrain, plus appropriate modification to
sloped sites. The methodology describ
Wildfire Safety Guidelines for Rural Ho
shall be used to determine defensible sp
space within building envelopes in area
"Soil and geomorphic conditions on
foundations and engineered septic syst
"The individual lot owners shall be resp
"One (1) dog will be allowed for each
dog shall be required to be confined w
enforcement provisions allowing for th
remedy in worst cases."
"No open hearth solid -fuel fireplaces wil
One (1) new solid -fuel burning stove as
regulations promulgated thereunder, will
units will be allowed an unrestricted
appliances."
"All exterior lighting shall be the mini
lighting be directed inward, towards the i
may be made to allow for safety lighting
"No structure shall be placed closer t
Colorado River or Spring Creek and no s
contour interval as identified on the Floo
Special Use Permit."
•
shall be drilled and pump -tested for four (4)
erson conducting the pump test stating the
se(s) and a well -sharing declaration shall be
e tested for nitrate/nitrite and fecal coliform
e submitted to the Planning Department for
d and Bridge Department and shall receive
nal approval.
luded on the exemption plat:
around structures shall be 30 feet on level
ecognize the increased rate of fire spread at
d in "Determining Safety Zone Dimensions,
eowners," (Colorado State Forest Service)
ce requirements for the required defensible
exceeding five (5) percent grade."
the site will require engineered building
s.
nsible for the control of noxious weeds."
esidential unit within an exemption and the
thin the owner's property boundaries, with
removal of a dog from the area as a final
be allowed anywhere within an exemption.
efined by C.R.S. 25-7-401, et. seq., and the
e allowed in any dwelling unit. All dwelling
umber of natural gas burning stoves and
um amount necessary and that all exterior
terior of the parcels, except that provisions
that goes beyond the property boundaries."
an 30 feet from the high water line of the
ructure shall be placed below the 5010 foot
Main Study Map C-77, without a Floodplain
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!. Recorded a! ../ O �, o'clock . Mt APR - 5 1979 .. 1583 •�1
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i . Receptiono... " 7 " f �Escd X Recorder. t ,, .' i 1 j yi,
J; .t
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� ; i. DEAN M. XCD1C�c and MYRTLE KNOX i 1•st
,, � I
hose add ;els . ' 1091' 300 Fuad, Grand Valley APR i 79 '
VAR 111110184111' RI •t
County of t Garfield , State of
t
Colorado '.'ti , for the consideration of TEN DOLLARS
'' and other good and valuable ccnsiderat:icns
dollars, in hand paid, hereby sell(s) and convey(s) to '. ' ' "
TEt t4 S E. WPM and DONNA J. 1EPPO as joint tenants •
to an undivided 1/2 interest, and RAY1&ND J. HDFFER13ER and DIXIE L. HCFFERBER,
as joint tenants to an undivided 1/2 interest
whose legal address is , .: 8439 N. Delbert Road,, Parker - • . County of
Douglas' t,,, , and State of . Colorado the following real property yin the
•1
County of Garfield
1
and State of Colorado, 4o wit:
IN Tart1S1IP 7 SCUM, RAN E 96 WEST OF 3IIE 6th P.M:, SECTION 34: Lot 1, SANE1/4,
WS+t, E1/2611t and Lot 5. Tbtal parcel contains not less than 326 acres.
E7t1lPT that part conveyed to School District 118 described as follows;
Beginning at the NE corner of the NES ,of the SW1/4 of Section 34; 'Thence North
16 rods;, Thence Wiest 10 rods; Thence South 16 rods; Thence East. 10 rods to
point of beginning:
AtSo EXCEPT that part conveyed td the County Cam issicners for road purposes
described as follows:
All that part of the NOISA 30 feet on each side of a center line beginning a ?(
a point whence the 1,'4 corner between Sections 33 and 34 of said Zbwnship and
Range bears N. 72°39"W. 1348.3 feet; Thence N. 71°10'E 107.13 feet; Tence.... ,I
N. 47°14'E..253.01 feet; Thence N. 48°02'E. 167.37 feet; Thence S. 55°36'E
519.1 feet; Thence N. 75°26'E. 123.5 feet; 'Thence S. 68°34'E. 96.5 feet being
a strip of land 60 feet in width. I
IN 4C7 .SHIP 8 Sarin, RANG 96 WEST OF THE 6th PM, SDCTICN 3, Lots 2 and 3 41 f
Tac 141ER WITH all water, water rights; ditches and ditch rights of way appertatinin
thereto including by of example but not by way of limitation the following: j
NAME• • CIVIL ACTION 1 AMOUNT
Baker Ditch : Priority 154A 536-W3294 ." '1.60 CC'S
Karl Lindauer Pump. and Decreed March 3, 1953 1912 '. 2.50 CFS
Pipe Line • .
The Oil and Gas Lease between Grantors and Transccnt_inent Oil Ckrtgiarry; recorded
• KIT 20, 1976 in Book 485, Page 164 Garfield County, Colorado is hereby assigned
tq ' Grantees as to the real property contained herein.
with all its appurtenances, and warrant(e) the title to the same, subject to all easements;''
restrictions, reservations, rights of way, ditches and ditch rights of way of
record. Subject also to 1979 real property taxes due and payable in 1980 and
all subsequent taxes and assessments.
r.'..1
s
rSigned this •
30th
STATE OF COLORADO,
County of
i The foregoing Instrument was acknowledged before me thla
day'of , ., • March . ,19 79, by Dean M. Krrac and
10/4/82
,+;My commission ex irec
Witneaa my hand and official seal.
',LES! e ! $ e
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• N.:qk Merlny,o•HMrn
tH/._elerear.AArd►eb11tA1naG.,teQat.°tau«nw
Street, n,ttt,tt•t
day of • March
Dean' M:";IQwor
My
Jas.
30th
Myrtle Knooc
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Nonan Pabl*
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Ftocorded at /O' o'clock /C 1,1 OCT 07 106 •
Reception No. ailil it8 MILDEED ALSDOUF, HECOFth,L. '
GAFIFIELL COUNTY, COI - •s,
i164/
WARRAATY DEED
BOOK 696 PAGE579
GARFIEtD
OCT 0 7 1986
State Doo. Fes
$
RAYMOND J. HOFFERBER and DIXIE LEE HOFFERBER,
whose address is 389 Swan Dr., City of Riviera, Mohave County,
Arizona 86442, for the consideration of Ten Dollars and other
good and valuable consideration, in hand paid, hereby sell and
convey to
THOMAS E. REPPO and DONNA J. REPPO,
as joint, tenants,
whose address is 1091 County Road 300, Town of Parachute,
Garfield County, Colorado 81635, the following described real
property in the County of Garfield, State of Colorado, to -wit:
IN SECTION 34, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE
6TH P.M.:
Lot 1, SW INE1 , Wl;.SE1 , E15SWIl and Lot 5, EXCEPT that part
conveyed to the County Commissioners for road purposes
described as follows:
All that part of the NE%Sha 30 feet on each side of a
center line beginning at a point whence the 1/4 corner
between Sections 33 and 34 of said Township and Range
bears N.72°391W. 1348.3 feet; thence N.71°101E.
107.13 feet; thence N.47°14'E. 253.01 feet; thence
N.48°02'E. 167.37 feet; thence S.55°36'E. 519.1 feet;
thence N.75°26'E. 123.5 feet; thence S.68°341E. 96.5
feet being a strip of land 60 feet in width.
IN TOWNSHIP 8 SOUTH, RANGE 96 WEST OF THE 6th P.M.:
Section 3: Lots 2 and 3,
Together with all ditch End ditch rights, water and
water rights appurtenant thereto or used in connection
therewith, and any and all Bureau of Land Management
range land allotments which may be appurtenant to the
above -referenced property,
(Mailing address of grantees: 1091 County Road 300 Parachute, CO
81635)
with all its appurtenances and warrant(s) title to the same,
subject to 1986 property taxes and assessments, easements, rights
of way, restrictive covenants of record, reservations contained
within the United States patent, a deed of trust dated February
8, 1979, and recorded February 13, 1979, in Book 522 at Page 865,
re-recorded March 28, 1979, in Book 525 at Page 169, which deed
of trust the second parties by the acceptance of this deed assume
and agree to pay.
Signed this / day of October,
I
mond Hof ober
niyi . i._ TTrnffor-1 -,
8
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Form No.
GWS -25
APPLICANT
OFFICE OF THE STAGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
b.'y
w
THOMAS E REPPO
1091 CR 300
PARACHUTE CO 81635-
(970) 285-7695
PERMIT TO CONSTRUCT A WELL
LIC
WELL PERMIT NUMBER 20(1893
DIV. 5 CNTY. 23 WD 70 DES. BASIN
MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 1/4 Section 34
Twp 7 S RANGE 96 W 6th P.M.
DISTANCES FROM SECTION LINES
3600 Ft. from South Section Line
1800 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPROVAL
1) This well shall be used in such a way as to cause no material
permit does not assure the applicant that no injury will occur
owner of a vested water right from seeking relief in a civil cou
2) The construction of this well shall be in compliance with the
approval of a variance has been granted by the State Board o
Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only
described as that portion of the W 1/z, NE'/, Sec. 34, Twp. 7 Sc
particularly described on the attached exhibit A.
njury
to an
rt acti
Water
f Exar
existing water rights. The issuance of the
other vested water right or preclude another
on.
well
uth,
4) The use of ground water from this well is limited to fire protection,
single family dwellings, the irrigation of not more than one (1) acre
of domestic animals.
5) The maximum pumping rate shall not exceed 15 GPM.
Well Construction Rules 2 CCR 402-2, unless
miners of Water Well Construction and Pump
3n a tract of land of approximately 55 acres
F 96 West, 6th P.M., Garfield County, more
ordinary household purposes inside up to 3 __
of home gardens and lawns and the watering
6) The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
8) This permit has been approved as the only well on a parcel of
NE 1/4 of Section 34. You are hereby notified that you have the
a written request with this office within sixty (60) days of the dal
Procedures Act. (See Section 24-4-104 through 106, C.R.S.).
appr
right
e of i
7-G
oximately 55 acres located in the W 1/2 of the
to appeal the issuance of this permit, by filing
suance, pursuant to the State Administrative
-77
OWNER'S COPY •
APPROVED
JD2
State Engineer
Receipt No. 0409411
DATE ISSUED FEB 0 6 1997
By
EXPIRATION DATE FEB 0 6 1999
IIGRAND VALLEY
FIRE PROTECTION DISTRICT
P. 0. Box 295
Parachute, Colorado 81635
(303) 285-7630
August 27, 1996
Mr. and Mrs. Thomas and Donna Reppo
1091 Road 300
Parachute, CO 81635
Subject: Proposed Exemption for Thomas and Donna Reppo Property
Mr. and Mrs. Reppo:
Per your request, the Grand Valley Fire Protection District has reviewed your
request for an exemption and approve the request with the following conditions of
approval:
1. Request that all stnictures be separated from native pinyon/juniper by a distance
of four times the surrounding tree height or 60 feet. This should be no problem as
trees are limited in this area.
2. Source of water for fire trucks is adequate from river or pond.
3. Access to all structures should be sufficient as parcels adjoin County Road 300.
Therefore, the Fire District has no concerns with this exemption.
If there are any questions, please contact me.
Sincerely,
Lcf otz-,
Ed Baker, Asst. Fire Chief
District Sec./Tres.
cc: Gary Mahaffey, Chief
ORTHOPAEDIC ASSOCIATES
• •
ROCKY MOUNTAIN ORTHOPAEDIC ASSOCIATES, P.C.
* William R. Patterson, M.D. David P. Fisher, M.D. David M. Mayer, M.D. Ronald C. Pinson, M.D. Steven J. Heil, M.D.
4. Anthony Richards, M.D. Jeffrey M. Nakano, M.D. Michael P. Dohm, M.D. Robert F. Hall, M.D.
March 21, 1997
Planning Department
Garfield County Court House
109 8th Street, Suite 303
Glenwood Springs, Colorado
Dear Sirs:
6
21997
I received a notice about the application of Mr. & Mrs.
Reppo to subdivide their property. I do not have any
objection to their request.
Sincerely yours,
ROCKY MOUNTAIN ORTHOPAEDIC ASSOCIATES, P.C.
11(41, P6t4itAArtot,s
William R. Patterson, M.D.
WRP/mmh
- /3
amp
* 550 Patterson Road, Grand Junction, CO 81506 (970) 243-8140 1-800-856-9640 Fax (970) 242-0293
+ 790 Wellington Ave. #204, Grand Junction, CO 81501 (970) 242-3535 (970) 874-8037 Fax (970) 241-4610