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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.04.1985REQUEST: • • BOCC 11/4/85 PROJECT INFORMATION AND STAFF COMMENTS For Exemption from the definition of Subdivision APPLICANT: A. C. and Velma Urquhart LOCATION: A tract of land situated in the S 1/2 SE 1/4 NW 1/4 and the SW 1/4 NW 1/4 of Section 11, T6S, R93W, located approximately 1 1/2 miles east of Rifle off of County Road 210. SITE DATA: The site consists of a! 40 acre parcel. WATER: Existing well and existing irrigation dItc-h- r -fights_. SEWER: Existing sewage disposal system. ACCESS: Existing access drive. EXISTING ZONING: A/I) ADJACENT ZONING:North: A/I East: PUD South: R/G/SD and A/I West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District B, Subdivisions/Rural Serviceable Areas 0 to 1/2 mile radius, of the Garfield County Comprehensive Plan's Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located in a rural area with land uses on the site and adjacent to it being mainly agricultural and single family residential. hr'4 B. Project Description: The applicants propose to split a 40 acre tract into two parcels of 2 acres and 38 acres in size. The -existing dweIling and well will 'be located on the two acre parcel with the remaining 38 acres to continue in existing agriculture production. C. History: The present 40 acre parcel was apparently created in addition to two other parcels in 1981 by an exemption granted to the Urquharts, approved by Resolution #81-198. III.MAJOR ISSUES AND CONCERNS 1. The applicants proposal does not address a domestic water source for the 38 acre parcel, beyond the existence of irrigation water rights and the apparent potential for use of a cistern. It is the applicant's desire not to share the existing well on the site between the two lots. Even with the applicants current proposal to maintain the 38 acres in agriculture, approval by the County of a new lot without a well permit, or any rights to one may place the Division of Water Resources in the position of having to issue an exempt domestic well permit. • • 2. Resolution #81-198, creating the 40 acre tract contained the conditions that easements be provided for all domestic wells and that interest in the wells be conveyed to the newly created parcels. The applicants should establish the actual location of the existing well on the proposed two acre parcel and its status in relationship to the previous exemption and conditions of approval. In addition, all existing well easements should be shown on the new exemption plat. 3. Based on soils information submitted by the applicant, the site is partially located in areas of low permeability, shrink swell soils, and rock outcroppings with corresponding severe limitations to septic systems and dwellings. As a result, plat notes should be included on the Exemption indicating that engineered foundations and septic systems may be required. 4. Based on the amount of subdivision since 1973, in the vicinity of this 40 acre tract, a detailed history of this activity was provided to the County Attorney in order that a determination be made whether the Urquharts still qualified for additional subdivision by exemption. The Garfield County Subdivision Regulations limit exemptions based on the number of splits occurring out of a parcel as it existed in January of 1973. Where four lots or interests have been created no further splits by exemption are allowed. 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 APPROVAL, pending the determination by the County Attorney that the Urquharts qualify for the proposed Exemption based on the Subdivision Regulations and the determination by the Board of County Commissioners that the proposed source of domestic water constitutes a legal and adequate water source for both parcels, and with the following conditions: 1. That the following plat notes be included on the exemption plat. a) No further divisions by exemption from the definition of subdivision will be allowed. b) Engineered foundations and septic systems may be required. c) That all irrigation ditch easements be recognized and maintained as existing and in place. GIAAG% The Division of Water Resources has not issued, or agreed to issue, a well permit on the 38 acre lot. /`I' Ar -r+` -Or) 2. Each parcel shall receive a deeded, proportional share of all irrigation ditch rights. 3. A $200.00 School Impact fee be paid prior to final approval. 4. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. If the proposed source of domestic water is not considered legal and adequate by the Board of County Commissioners, the Staff Recommendation is APPROVAL, deleting Condition 1-D and adding the following conditions:id---t. L ,� ok ( �, reol S A ,_. 5. a) That the applicant submit an approved well permitllfor each lot, or deed sufficient interest in the existing well to the (py ite �rG��c newly created lot, provided that the well is approved to itd, /]� serve two dwelling units. b) Easements for waterlines and access and maintenance of any shared well shall be included on the exemption plat. -191 "TO tAnAll Cwri dAditi‘w a-4- Ate -01 4,3) ILP C(50 IL 0Vc 'SS's . A (� N f 31 (it, so` kMr� kuilits-)J ce4t41A-1 dit(_ tke 60-7v-gi 4 c-6)Jd, Crvw Cf, 63i e s "rki u ry v H acid.01-6,5, Ae\- (5)4 9 1 ir,, % ekv f 1141, • • November, 1985 - Page 651 PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO November 4, 1985 and Weed year end report from Ron Dahlin. Commissioner Cerise seconded the motion; carried. There was a discussion with Roger concerning the meeting with the Colorado Highway Commission November 8, 1985 at 1:30 P.M. The Board directed that County Planner Mark Bean go to the meeting and present Garfield County's priorities to the commission; that being, endorsement of the Highway Couauission's five-year plan and The City of Glenwood Springs requests be presented by their representative. Mr. Harris wanted a vacation of a part of Ninth Street through the City of Glenwood Springs. The County would not agree to the vacation so Mr. Harris has requested to purchase the six lots above the street belonging to the county. After much discussion, the Board decided the street should not be closed off and they will not sell the lots. Roger discussed a salary raise request from the Sheriff's Department for a cook making it possible to obtain an equal salary for equal work as done by the other cook on the premises. The Board approved the raise. After discussion with Roger regarding a resolution declaring SADD week, Couunissioner Cerise made a motion that the Chairman be authorized to sign Resolution No. 85-185 proclaiming December 15, 1985 through December 21, 1985 as Students Against Driving Drunk (SADD) week. Coiiamissioner Schmueser seconded the motion; carried. Roger discussed the Energy Impact applications. Associated Governments of Northwest Colorado has requested funds for operation in the $50,000 to $55,000 range and request comments or recommendations on the application from the couuuissioners within 30 days. Commissioners Schmueser felt the money should go for use on the county roads and Chairman Richardson did not want to take any position. The Board decided to make no counuent. Also discussed was the applications for prioritization; the Town of New Castle for 3540 feet of raw water line for $147,600 and the City of Glenwood for a water treatment plant. SENA'1'E BILL 35 EXEMPTION REQUEST LOCATED APPROXIMA1'ELY 1 1/2 MILES EAST OF RIFLE OFF COUNTY ROAD 210; APPLICANT, A.C. AND VELMA URQUHART. Glenn Hartmann stated the public notices were adequate for the hearing and the applicant testified to the proper posting of the property. Glenn suuunarized the staff comments. Don DeFord presented a map and explained the number of past divisions on the property and reviewed the history of the property. It appeared to him that this request would constitute a fifth division of a parcel which was in existence in 1973 and that, although it had been acquired in 1948 and 1954 separately, it had been treated as one parcel on a Deed of Trust taken in 1956 and in 1981 in a request for exemption from subdivision regulations. Since there appeared to have been four divisions already on property that had been treated as a whole, further division by exemption would be in violation of subdivision regulations. Mr. Urquhart stated that he has two abstracts even though the Assessor had put them together for tax purposes. He felt he should qualify for six exemptions because of the separate nature of the parcels according to his abstracts when purchased. Don DeFord stated that there was no absolute certainty that this exemption would be in violation of the regulations but that it appeared to him that it would. After discussion regarding the well permits, Commissioner Cerise made a motion that the Senate Bill 35 Exemption for A.C. and Velma Urquhart be approved with the following conditions: 1. That the following plat notes be included on the exemption plat. a) No further divisions by exemption from the definition of subdivision will be allowed. b) Engineered foundations and septic systems may be required. c) that all irrigation ditch easements be recognized and maintained as existing and in place. 2. Each parcel shall receive a deeded, proportional share of all irrigation ditch rights. 3. A $200.00 School Impact fee be paid prior to final approval. 4. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 5. a) That the applicant submit an approved well permit or late registration for each lot, or deed sufficient interest in the • November, 1985 - Page 652 • PROCEEDINGS OF THE BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY, COLORADO November 4, 1985 existing well to the newly created lot, provided that the well is approved to serve two dwelling units. b) Easements for waterlines and access and maintenance of any shared well shall be included on the exemption plat. Commissioner Schmeuser seconded the motion. After discussion regarding the advice of Don DeFord and whether it was an exception to county policy, the motion passed with a vote of two to one; Commissioners Cerise and Schmueser voted, "Aye" and Chairman Richardson voted, "Nay" on the basis that he felt that a merger of the parcels had taken place and reluctantly concluded that the exemption would be an exception to county policy. Mr. Urquhart discussed the condition of County Road 210 and the need for a culvert under the road to divert water runoff onto the road Commissioner Schmueser stated he would see that one was put in and would have Marion Stephens get with Mr. Urguhart. The next item on the agenda was a meeting with Fred Perkes, Garfield County Ambulance Inspector. Fred presented the ambulance licenses and permits and stated that all guidelines had been met by the ambulances as set by the county. Commissioner Cerise made a motion that the licenses for the county be approved and that the Chairman be authorized to sign the licenses and permits. Commissioner Schmueser seconded the motion; carried. Fred Perkes submitted his letter of resignation as Garfield County Ambulance Inspector and the Board complimented him on the job he did and reluctantly accepted it. The private ambulance services were discussed and Fred stated that Tri County Ambulance Service license has been renewed 6 months ago and Sunlight will not run an ambulance this year but will rely on Glenwood Ambulance Services. The Board discussed with Kay Piper, Emergency Preparedness Coordinator, the possibility of her doing the ambulance inspections. After considerable discussion, the Board directed Ron Leach, from the EMS Council, to present any EMS input regarding this matter to the Board after the next EMS meeting. Couunissioner Cerise made a motion that the Chairman be authorized to sign a restaurant liquor license renewal for Sopris Restaurant and a 3.2% liquor license renewal for Colorado Mountain College. Couunissioner Schmueser seconded the motion; carried. Don DeFord discussed the Zimmer/Bradley matter and was directed to offer a settlement. He also stated that the Auction case had been settled for $7404; the money to go to the Road & Bridge Department. The meeting was adjourned for lunch at 11:50 A.M. and reconvened at 1:00 P.M. with all couunissioners present. Couunissioner Schmueser made a motion that the Board of County Commissioners adjourn and the Board of Social Service convene. Commissioner Cerise seccnded the motion; carried. Couunissioner Cerise made a motion that the Board of Social Services adjourn and the Board of County Commissioners reconvene. Commissioner Schmueser seconded the motion; carried. PUBLIC HEARING REGARDING THE GARFIELD COUNTY 1986 BUDGET. Chairman Richardson summarized the legal format and stated that the budget was not finalized and this meeting was for public input to be considered in further discussion before the budget is adopted. Roger Ludwig reviewed the 1986 budget with the proposed cuts in each department and presented letters from the following people/organizations for the record: 1) Ron Leach, Carbondale Fire Department opposing Sheriff's cuts; 2) A letter with 7 signatures from various fire chiefs and ambulance directors opposing Sheriff's cuts; 3) Steve Dahlman opposing Health Nurse cuts; 4) Mary Ann Maurer, State Property Tax Administrator, opposing staff cuts in the Assessor's office; 5) Ralph Freedman, Parachute Town Administrator, requesting ambulance services assistance;