HomeMy WebLinkAbout2.0 BOCC Staff Report 01.12.1998BOCC 1/12/98
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Tom & Irene Roberts
LOCATION: A tract of land located in Section 21, T3S,
R87W of the 6th P.M.; located approximately
8 miles west of the intersection of Sweetwater
Road and the Colorado River Road in
extreme, eastern Garfield County.
SITE DATA: 75 Acres +/-
WATER: Individual well
SEWER: Individual Sewage Disposal Systems (ISDS)
ACCESS: Direct access to County Road 151(Sweetwater
Cow Camp Road)
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD, O/S
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract is not portrayed on the Garfield County Comprehensive Plan's Management
Districts Map (1981; 1984 Plans), nor is it included within Study Area I (1995 Plan).
H. DESCRIPTION OF THE PROPOSAL
A. Site Description: The subject tract is 75 acres in size and located along County Road
151 in extreme, northeastern Garfield County. The county road bisects the tract from
east to west, leaving approximately 22 acres south of the road and 53 acres north of
the road. Elevation ranges from approximately 8400 feet to 8800 feet, with an
average slope of 12%. There is an existing, single family dwelling and a six (6) acre
lake south of the road.
B. Adjacent Land Uses: Land uses adjacent to and in the vicinity of the tract are largely
residential and agricultural, with federal lands located in the vicinity The 7W guest
ranch is located south of the property. See vicinity map, page • • .
C. Development Proposal: The applicants propose to subdivide, by exemption, the 75
acre tract into two (2) parcels of approximately 22 and 53 acres each. The smaller
parcel would contain the existing improvements and the larger parcel would
presymably be developed with a single family dwelling. See sketch map, page
III. 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. In
order to qualms for exemption, the parcel as it existed on January 1, 1973, must have
been larger than 35 acres in size at that time and not 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. For the purposes of definition, all tracts of land 35
acres or greater in size, created after January 1, 1973, will count as parcels of land
created by exemption since January 1, I973;"
The deed contained in the application demonstrates the.petitioners obtained the
subject tract in January, 1989. See deed, pages • 0• . However, this
exemption petition is premised on County Road 151 creating an impediment to joint
use by virtue of bisecting the tract. If the Board finds that County Road 151 does
create an impediment to joint use, then this exemption request would comply with
Section 8:52 (A) of the Subdivision Regulations.
B. Zoning: The tract is within the A/R/RD zone district and both proposed lots are in
excess of the two (2.0) acre minimum lot size requirement. There are no excessive
slopes on the tract and no regulated floodplains.
C. Water Supply: The water supply for the exemption parcel ould be provided from an
existing, household use only well. See permit, page 0• . This well serves the
existing home and would continue to do so.
D. Sewer/Soils: Wastewater would be treated by an individual sewage disposal system.
According to the Soil Conservation Service soil maps, the subject property is outside
the limits of the Aspen -Gypsum soil survey and have not been mapped. See map,
page eV . Soils near this mapping boundary that have been analyzed include
the Ansel-Anvik association, Anvik-Skylick-Slighting association and the Cochetopa-
Antrobus association. When utilized for building site development and the siting of
ISD systems, all soil classifications are considered to have severe constraints due to
slope, large stones and slow percolation. Staff recommends a plat note requiring
engineered building foundations and septic systems.
E. Access; Access to the lots would be directly from County Road 151, approximately
three (3) miles from its intersection with CR 150. Sight distances along the county
road would be sufficient and staff contemplates no serious issues associated with the
access. Staff has visited the site and the County Road was plowed and open to the
Roberts tract.
F. Fire Protection: The subject tract is not located within a fire protection district.
However, we have received confirmation that emergency services would be provided
by the Gypsum Fire Department, on a fee basis. See letter, page •/1 • . Staff
recommends a plat note with the standard language concerning wildfire mitigation.
G. Comprehensive Plan: The subject land is not classified within either of the existing
Comprehensive Plans (1981; 1984) in effect for this area of the County. However,
given its location and physical characteristics, staff suggests that the land, if classified,
would have likely been considered as District D - Rural Areas/Moderate
Environmental Constraints.
H. School Site Acquisition Fees: The applicant should be required to submit $200 in
school site acquisition fees, for the exemption parcel, prior to final approval.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice were 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.
OP
V. RECOMMENDATION
If, in the Board's discretion, the relocation of County Road 151 creates an impediment to
joint use, then 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 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, for the
creation of the exemption parcel, 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 include 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 by Garfield County.
8. That the following plat notes shall be included on the exemption plat:
"The minimum defensible space distance for structures 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."
"The individual lot owners shall be responsible for the control of noxious weeds."
"One (1) dog will be allowed for each residential unit within an exemption and the
dog shall be required to be confined within the owner's property boundaries, with
enforcement provisions allowing for the removal of a dog from the area as a final
remedy in worst cases."
"No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption.
One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances."
"All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries."
"Soil conditions on the exemption site may require engineered septic systems and
engineered building foundations."
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SEC. 21
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Recorded at 4Einn° lock
Receptioe N"
WARRANTY DEED
THIS DEED, Made this 30th day of January
19 89 , between JAMES H. STEPHENS
of the said "County of
State of Colorado, grantor, andTHOMAS B. ROBERTS AND IRENE M.
ROBERTS
Garfield
and
Recorder.
BOOK 746 1'4E597
•� 10 0 D1989
State Doc. Fe*
$
2834 Don Quixote Street l —
whose legal address is Santa Fe, New Mexico 87505 New Mexico
and State of dofdr6d ). grantees:
of the said County of TEN DOLLARS AND OTHER GOOD–AND I
WITNESS, that the grantor. for and in consideration of the sum of-----------------------------.DOfy/tji4{�`I
VALUABLE CONSIDERATION -----b---
------ted bargained, sold and conveyed, and by these ptaeats tinea 11
the
brand sufficiencysell,
convey
of which isunto theereby grantees,
their
acknowledged, has gran County of
grant.bargain, sell, convey and confirm unto grantees, their hcirs and assigns forever, not in tenancy in common but in joint tenancy.
all the mal property, together with improvements, if any, situate. lying and being in the said
Garfield and State of Colorado. described as follows:
SEE ATTACHED "EXHIBIT A"
also known by street and number as
fits thereof, and all githn estate, anywise
title, pera n, claim the
I I TOGETE�R with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and
equity, of, in and to the above bargained premises. with the hereditaments and
d
reversion and reversions, remainder and remainders, rents. issues pro
demand whatsoever of the grantor, either in la or eq y,
appurtenances. aired and described, with the appurtenances. unto the grantees, their heirs
TO HAVE AND TO HOLD the said premises above bang personal representatives, wits, does covenant, grant, bargain and agree to and
and assigns forever. their rh the and assi fns that at ft his heirs and time of the en P delivery of these efull
es
I Iwith the nveyed, hasoods ure.assrect, absolute and indefeasible estate of inheritance, in law, e in fee simple, and, has good right, clear
bove,we conveyed, has g Pe the sane in manner and form aforesaid, and that the same are free pro n all f lawful authority tont , b rbgains, ale and convey tax all of record,
other rtes, bargains, sales, liens, fazes• assessments, encumbrances and restrictions whatever kindor nature
f
so r.lfomterand restrictions, reservations, and rights– Y
and real property taxes for the year 1989, not yet due or
soever, except easements,
or sivate and in use,
payable. peaceable
The grantor shall and will WARRANT AND FORVER1 DEFEND
and the above -bargained
person e Par nns lawfully es in the
the whole pe any P
possession of the grantees, their heirs and assigns, against
art
thereof. ender shall be applicable to all genders.
The singular number shall include the plural. the plural the singular, and the use of any g
IN WITNESS WHEREOF the grantor hasexecuted this deed on the date set forth above.
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11
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•1
The foregoing instrument was acknowledged before me this 30th
by JAMES H. STEPHENS
3
JAMES H. STEPHEN
STATE OF COLORADO
County of GARFIELD
SG.
i
•If ik.pcncr; inceand."
7lF t
w... 011 A_ Res. 3•M. WARRANTY DFFn iT. Jnini T'.•"•i
day of January
1,1
i9 99• i
I;
Witness my hand and official •cal • 19 .i?/My ComnnSsion expires �– /'/•
Form No,
GWS -25
APPLICANT
OFFICE OF TFTATE ENGINEER s
COLORADO DIVISION OF WATER RESOURCES "
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
TOM ROBERTS
2834 DON QUIXOTE
SANTA FE, NM 87505
PERMIT TO CONSTRUCT A WELL
C
1095
WELL PERMIT NUMBER 158991
DIV. 5 CNTY. 23 WD 53 DES. BASIN MD
APPROVED WELL LOCATION
COUNTY GARFIELD
NE 1/4 SE 1/4 Section 21
Twp 1 S , Range ft7 W S P.M.
DISTANCES FROM SECTION LINES
2110 Ft. from South Section Line
1 12 5 Ft. from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 35.53 acres described as that
portion of the E 1/2 of the E 1/2 of Sec. 21, Twp. 3 S., Rng. 87 W. of the 6th P.M., Garfield County, being more
particularly described on the attached exhibit 'A'.
3) The use of ground water from this well is limited to fire protection, ordinary household purposes inside 1 single
family dwelling, the irrigation of not more than one (1) acre of home gardens and lawns and the watering of
domestic animals.
4) 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.
5) The maximum pumping rate shall not exceed 15 GPM.
6) This well shall be constructed not more than 200 feet from the location specified on this permit.
777, m 7.,2 -id- 9c
APPROVED:
MAM
State
Receipt No. 0319770
2,72.a, 24
By
DATE ISSUED DEC 1 3 1990 EXPIRATION DATE DEC 1 3 1992
�w_
Gypsum Fire Protection District
511 Second Street
Post Office Box 243
Gypsum, Co 81637
Phone 970-524-7101
Fax 970-524-9880
December 01, 1997
Garfield County
109 8th Street
Suite 303
Glenwood Springs, Co 81601
Gentlemen:
This letter is to inform you of the Gypsum Fire Protection District's
intention to provide service to Mr. Tom Roberts at his property in Sweetwater
called Roberts Ranch. At some future point in time the District would like to
see all of Sweetwa er and its residents annexed into the Town of Gypsum,
however until tha ti - we do provide service to Sweetwater for fire
protection.
Sincerely;
Dave Vroman
Fire Chief
Gypsum Fire Protection District