HomeMy WebLinkAbout2.0 BOCC Staff Report 05.06.1996PRO.IECT INFORMATION AND STAFF COMMENTS
An exemption from the
subdivision.
BOCC 5t6196
definition of
I)r. James Weaver
A tract of land located in Section 2, T65,
R89W of the 6th P.M.; located approximately
two (2) miles east of Glenwood Springs, east
of County Road 129.
17.09 Acres
Community
Individual Sewage Disposal Systems
County Road 129; Highway 6 &24
R/L/SD; R/G/SD
North: O/S
East/South/West: R/G/SD; R/L/SD
)
REQTJEST:
APPI,ICAN'I':
LOCATION:
SITI DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
AD.IACENT ZONING:
REI,ATIONSHIP TO T'TIE COMIREHENSIVE PI,AN
'Ihe subject property is located in the Low Density Residential ( I0 + acldu) Proposed Land
Use District as designated by the Garfield County Comprehensive Plan for Study Area I
( l ee5)
II. DESCRIPTION.OFI'IIEPROPOSAI,
A. Site Description: T'his l7 acre tract is located northeast of the Interstate 70
interchange in No Name, east of County Road 129 (No Name Lane), approximately
two (2) miles east of Glenwood Springs. The western and southern portions of the
tract slope at relatively gentle angles, whereas the eastern and northern portions of the
tract slope at much steeper angles, reaching slopes of 48oh or greater. Vegetation
varies across the tract with the relatively gentle slopes vegetated by grasses, pinion
and juniper, whereas portions of the steeper slopes are barren of significant
vegetation. It appears the only improvements to the tract are a corral and lean-to,
located in the west-central portion ofthe property. An o-verhead power line is strung
across a portion of the lot. See vicinity map, page t-5-:--
B. Adjacent Land Uses: The character of the area is predominantly residential as a
number of existing, single family homes are located nearby. The Forest Service owns
property adjacent to the northern property line ofthe subject tract.
C. Proposal: The applicant proposes to divide, by exemption, the 17.09 acre tract into
three (3)parcels of 4.25,4.25 and 8.5 acres each, more or less. The applicant has
discussed with staffthe possibility of conveying a portion of the larger lot that would
be created to an adjoining property owner, through a boundary line adjustment,
essentially only creating thlee (3 ) buildable parcels of approxim ately 4.25 acres each.
See sketch map, page'- b---
-l tD
III.MAJOR ISSUES AND CONCERNS
A. Subdivision Regulatipns: Section 8.52 of the Garfield County Subdivision
Regulations states that 'Wo more than s lotal of Jrrur (1) lot,s, parcel,s, interests or
dwelling wilts v,ill bc created.from any parcel, as that parcelu,as descrihed in the
record.s of the Gatfteld (lounty Clerk cuul llecorder's Office on January l, 1973, and
i.s not a part of a recordetl wbclivision: hov,ever, qny parcel to be divided by
exemption thal is split by a public right<tf-v,ay (State or h'ederal highway, County
rtntl or ruilrrnd) or natural.feahre, prcventing.joint use of the proposed tracts, and
lhe divi.siott occut'.t along lhe pthlic right-of-v,ay or nahrral.feature, such parcels
thereby crealecl moy, in the discre tion of the Roard, nol be considered to hwe been
created hy exemption with regartl to the.fdt (1) lot, parcel, interesl or dwelling unil
I i n i lat ion otherv' i se app I icah le ; "
A deed submitted with the application indicates the petitioner recently obtained the
property from a previous owner who, it appears, obtained the tract from an owner(s)
who apparently held the property in its present configuration, prior to January l,
1973 See deeds from Trumbor, Nelson, Larsen and Weaver, attached on pages
ILX_ . Although these deeds do not explicitly demonstrate that the parcel has
remained in its present configuration, additional research by staff into the historic
configuration of this parcel would leave staff to interpret that this request does
comply with Section 8:52 (A) of the Subdivision Regulations, as described above.
See also the narrative included in the application, page'J2-:-
B. Zoning'. The southern 114 of the tract is zoned R/G/SD with the remainder of the
tract zoned R/L/SD. Both zone districts specifu a minimum lot size of 20,000 square
feet and all proposed lots are in excess of this minimum requirement. The most
significant difference between the two zone districts is what is allowed as a "use by
right" within the individual districts Staff would suggest that, if approved, the
applicant consider drawing the property lines to recognize the different zone districts.
Slope of the tract is an issue as portions of the property slope at angles in excess of
40oh. Preliminary calculations made by staffindicate that there should be sufficient
area of land (approximately five [5] acres) with less than40o/o slope for the creation
of three (3) lots, if the property lines are drawn accordingly. It should be required
that the applicant demonstrate, on an exemption plat, that there is at least one ( I ) acre
of land, on each proposed lot, that is less than40o/o slope.
C. Water. The applicant specifies the purchase of additional shares of water from the No
Name Creek Water Assqciation (NNCWA) as the water supply for this proposal. An
attached letter (page'-!l:l indicates that the water association has watei available
and will supply the required amount of water. An earlier deed for the property
provided two (2) shares of water to the lot; however, this is not stated on the most
recent deed. Ifthe original two (2) shares of water are still attached to the tract, then
a total of four (4) additional shares are necessary, one share for a domestic water
supply, the other for an irrigation water supply, for each new lot.
D. Sewer: The treatment of waste water generated by the lots to be created is specified
to be through individual sewage disposal systems. According to the Soil Conservation
Service, on site soils are of the Ascalon-Pena complex, generally deep and well-
drained Building site development and use of ISDS on these soils carry moderate to
severe ratings, generally due to slope and the presence of large stones. Staff
recommends a plat note be included to address these potential limitations.
According to Section 5.04.03 of the Zoning Resolution, when a parcel of land is
served by a central water supply and ISDS is used for water treatment, the lot size,
for existing and proposed lots, must be a minimum of one (l) acre.
E. Access: The applicant's property fronts on CR 129 and Highways 6 & 24, providing
direct access and staffsees no special problems related to the access. However, staff
e-
IV.
does recommend the applicant consult with Road and Bridge regarding the proposed
access from CR 129 and also receive any necessary permits from the state if any of
the proposed lots will be accessed from Highways 6 & 24. This would be required
at the time of building permit application.
F. Fire Protection: The application included a lgtter llom the Glenwood Springs Rural
Fire Protection District (attached, page]rT-'-) indicating the tract is within the
boundaries of the District and that emergency services would continue to be provided.
The District further states that if the area develops, requirements of the uniform Fire
Code may apply Staff further recommends the inclusion of a plat note to address
wildfire mitigation.
G. School Impact Fees: The applicant will be required to pay $200 in school impact fees
for each new lot created, a total of $400.00
H. Easements. All required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption Plat.
I. Potential Road Impact Fees: Upon adoption of a road impact fee by the County, the
lots created by this exemption will be subject to paying that fee; paid at time of
building permit application, paid by the building permit applicant. This provision shall
be included as a plat note
J. Review Comments: Staffhas received comment from the U.S. Forest Service, who
owns property adjacent to the northern property line of the tract in question. The
Forest Service recommends the landowner conduct a boundary survey to ensure
trespass on fbderal lands will not occur and further instructs that the No Name Water
Association water supply line is under a special use permit and if any modifications
are proposed for portions of the line on Forest Service property, further, detailed
review would be required. See letter, pagel-rj-:-
SUGGESTED FINDINGS
l. 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, safbty, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
RECOMMENDATION
Staffrecommends APPROVAL of this application, subject to the following conditions:
l. 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, access or utilities and
further show that all lots will have at least one ( I ) contiguous acre of land that is less
than 40oh slope.
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. Extensions of up to one (l)
year from the original date of approval may be granted by the Board if requested by
v.
2J
I
q
the applicant prior to the expiration of the original 120 days.
That the applicant shall submit $200.00 in School Impact Fees for the creation of the
exemption parcels ($400.00 total) prior to final approval'
That the applicant apply for and receive the necessary "shares" of water from the No
Name Creek Water Association and provide for the infrastructure necessary to
provide sufficient water to the exemption parcels (if required by the Association).
This shall be done prior to the authorization of an exemption plat.
That the following plat notes be included:
"Soil conditions on the site may require engineered septic systems and building
foundations. Site specific percolation tests at the time of building permit submittal
shall determine specific ISDS needs on the site."
"The minimum defensible space distance 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
Cruidelines for Rural Homeowners," (Colorado State Forest Service) shallbe used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
"All tots created by this exemption must be a minimum of one (1.0) acre in size and
meet all applicable requirements of the Zoning Resolution in effect at the time of
building permit application. "
"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be sub.iect to paying the fees, paid at time of building
permit application, paid by the building permit applicant "
The control of noxious weeds shall be the responsibility of the landowner.
That the individual lot owner(s) shall consult with and receive the necessary driveway
permits from either Road and Bridge or the Colorado Department of Highways, for
each individual lot, at the time of building permit application.
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FECoFDEo \r /au o'cLoc</.,"r. t"tARrEc r tztmo ;ii?l::,^i3iii|;
Exectrterl Harch 5rh. 199I
DEED OF DISTRIBUTION BY
PI]RSONAL REPRESENTATIVE
(TESTATE ESTATE)
TIIIS DEI:D is matlc by Jack D. Larsen as Personal Representative of the Estate of Letc
T. Nclson, tlso known as Lcra Tru,nbor Nelson, also known as Lem Nelson, deceased, cnntor
(whcrlrcr onc or rnorc) to Jack D. Larsen, crantee, flvhether one or more) whosc address for
recciving tax notices is P. O. Box 7, Cheyenne Wells, CO 80810'
WIIEREAS, rhc above-named decedent in her lifctimc made and cxccuted her Last Will
and Tcsrlmenr tlatetl Juty 18, 1988, which will was duly admitted to informal probate on July
17, 1990, lnrl admirtetl to formal probatc on september 2.1, 1990, by the District court in and
for thc County of Clrcyenne rntl Srrte of Colorrdo, Probltc No' 90PRl9; ond
wllEREr\S, Cruntor was duly appointed Personal Representalive of said Estate in
infonnll procectlings on July 17, 1990, antl was appointed Personal Representative of said Estrte
in fonrnl proccctlings on October 5, 1990, anrl is now acting in said capacity; and
wllEIIEAS, The Grantec is determined to be the person entitled to distribution of the
hereinlfrer-tlcscribed real property, anrl Grantor is authorized and directed to distribute ihe same
to Crantce;
Now,lllEREFoRtl,pursuanttothepowerconferreduponCrantorbyAnicle12'
Section 7 I I 0nrl 907 oi the Coltiratlo Probate Cocle' Crantor sells, conveys, assigns' trMsfcrs' and
relclses to Crantec thc follorving rcirl propcrty in Crrireld Cotrnty, Colorado:
All rhilt podion of l-ot 2 antl the Northwest Quarter of the Southeast Quaner (NW%SE%) of
Section 2, T'ownship 6 Sotrth, Range 89 Wcst of the 6th Principal lvleridian' lying easterly of
County lload t29 ancl Norttierly If u.S. Highway I-70 as presently consructed' cxcepting
therciiom t6e gast'123 fcet, corruining l? 09 acres' more or less; and
The Easr l8|l fcct of l.ots l? anrl 18, in Block 43, City of clenwood Springs;
with all ilpprlrrcrurnccs, inclutling btrt not lirnitecl to two sharcs of No Namc watcr Association'
Inc. stock.
Wlrerevcr uscrl hcrein, the singular shalt include thc plural'
Bnrttt 8OO rrcr 08
acknowledged beforc rne ,1t1, 5ttr day of
Larsen as Persona.l Reprcsentative of thc Estate of Leta
Nelson, also known as Leta Nelson, Deceased.
t 1 r99lCOUNTY CLERK
C0L0rrAD0t
STATE OF COLORADO
COUNTY OF!Ig:1:-_
The foregoing
Ha rch
)) ss.
)
instnrment was
1991, by Jack D.
T. Nclson, also known as Leta Trumbor
iviini,ss. my hancl and officiirl se rl
My cornmissio n r*pirrs, ,/'1 ^, Z L , t11 t
/ --a-
f--Er--
a?-
Notary Publ
Recordod
^t
/t?,,1( o,ctock i m. OEC 0 3 l9B7
R e c e p t i o n ru o 3B7e7E
u;l fJlE "r^|3 3 ff i.,r s5i35i53
DTS RICT COtJliT, COUI.ITY OI.' CII!: YIiN')IE, STATE OF
CASE NO. BTPR ,''
rr.,'i ??It lrl:597
l-iler, :!r firJ i);t:r,,:i Co
Ch' '[qC"ur'17. ': lctadc
,. .,, -J. :: ' -...'1./*;:iCOLORADO crr.^ ol tr,c Jrstiict l--un
,r. r1-'.**!-.=)i
IN'IIIE MA'I TR OF III ES'TA'IIi OP
CEOllrls TRUI'1UOlt, also known as GEOPGE L. TRUMBOR, also known
as (;l':01{(;C Li:E'fRUMt}()R
Deceased.
-
rrrrnril.-qs, "" -l[G__:tr.-frtr _
Lct-.r T. NeIson was ap1:oinLecl or qualified as Personal
Reprc:;entat i ve of Lhe esLaLe of the above named DecedenC by
this CourL or iLs RegisLrar, with aLI authoriLy pertairring
tht:reLo;
NOw, 'ftlER!lFORE, Lhesc LetLers o€ Administration are
issuerl as evitlence of sur-'h appoinLment or qualificaLion and
authrrr:iLy.
wt'INESS my signal,ure and the seal of this Court on
.lllq,1(i, l9B7 _-
(SeaL of CourL)
/-t /- \. /',.//
1y' +. *-.,- .al,( r-.- r:'(t rl^*t t -.- u
CIerk drlRecistrrr of Court
RV
DepuLy
CERT I I.- ICAT ION STA EMEI'IT
Cercified to be a fuII, true
and correct copy of the
or iginal in my custodY and Lo
be in EuII force and efEect as
",,,.L0,1:,.\'1 .'
-E-
STAMP oT
(DepuLy) Clerk of Court
Recorded al i''' i):i' o'"r':c* Zl ll.oEC () 3 1987
. fleceptlon r-ro.387$76 \llLDilED ,f,LSDORF, RECOFIDER
GABFIELD COUIJTY, COLORADO
DEED OF' DISTRIBUTION BY
PE RSOI'IAL RE PRES ENT.\T IVE
( INTESTATE ESTATE)
/' --.\
.i \- THIS DEED is made by Leta T. Nelson as Personal
, Rel)resenLat ive of t he estate of George Trumbor, also known
, as (ieorge L. 'lrurntlor, also known as George Lee Trumbor,
deceaseci, Grantor, to LeLa T. NeIson, Grantee, whose address
for receiving t,ax notices is P. O. Box 142 r Cheyenne WeIIs,
Colorarlo.
- --i --.- -.i, -' .). - ' r-t.lf. --.1',1-.-,--.. ...1 WIIEREAS, George Trumbor , also known as George L.€Trumbor,aIsoknownaSGeorgeI,eeTrumbordiedintestiteat
' Cheyenne WeILs, Colorado, on May 16, 1987; and
,1;i'': .'- . WHEREAS, Grantor was duly appointed Personal
RepresentaEive of said Estate by Lhe District Court in and
for Lhe CounEy of Cheyenne and State of Colorado, Probate
No. B7PRI9; and is now qualified and acting in said
capaciEy; and
. WtIEREAS, the Grantee is determined to be the person
i gntit.Ied to disLribution oE the hereinafter-described real
i.' , t.- ..: -,-:., -. ,:i.,-',..-,1 property, and Grantor is authorized and direcEed to.:,' , , ' - -.. -, l-., -, . r. ;.- ,i property, and Grantor is .j-,!l-,t.-. .l.:---."i:lr';;'"'':-'l;;.i;; discri[:trte ttte same to GranEee.
,i;i...':.,; i' ,:.=11"r.;.f 1.,, ,:;,i11 '-,1
, - -:'-- ..;':.:'',.,-,.:,:.;0.,'; ..:r' 1, l": NOW, TIIIIREFoRE, pursuant to the powers conEerred upon
.',;: .:' -'. .".i;-.,:,! ;;;1. .!:;:,.' GranLor, by Articte ft, Sections ?lI and 907 of the colorido
..".1;'....'., -,.'. -:..,ri ;i-i.r,ii.,',.,r1.,: . Probate Code, Grantor sells, conveys, assigns, transfers,.'.r.,', . -" .r'r"j' .1i::. :'':.1 :l- ' and reLeases to GranLee, Lhe f ollowing real property in
.l ;,:1'., , Gar f i e [d County , Colorado :
-.r ',.::::: ''-.,".-
,;:;.',:,i.';,,-,:,,:
,,.'' Alr thaL porLion of Lot 2 and the wr/4sE/4 of section 2,
;;. 1i1.-.;.:;'r,.il-.'- ti:,,,.::l ..-.,j.... :, Township 5 South, Range 89 wesf. oE Ehe 6th P.M., Iying
EasterIy of Count-y Road 129 and Northefly of I-70, excepting
therefrorn the East 423 feet.
AND
The East IB L/2 feet of Lots Seventeen (17) and Eighteen
( L8 ) , BIock Forty-three 4 J , City of Glenwood Springs.
AND
-7-
-\".' i.- ' ,
.'
a l:r ??5r t:rtSSe
AI I rlt ht:r re,rI prollt:r:ty of the Decedent situate in Lhe StaEe
of CoLorarlo, rf any, with alI appurtenances.
ExecrrLed / /^*-tr* z q, ta ? 1
S'IA'TE O['COLORADO
COIII.ITY OF CHEYENNE
SS.
The Eoregoing inst;:ument was acknowledged before me this'Ihe roregorng rnst.rument was acKnowreogeo DeroI
zqll day of 4a , - , - ,, ,- 19*],|teTson as Pers6iE L RepresenraL ive of the Estate
by Leta -r.
of George
Trurnborr. also known as George L. Trumbor, also known as
George L.ee Trumbor, Deceased.
.l--!'ltyi:"..ts mv hand and or r icial seal '
,,1; l,tr1 'ciginmission expires 1- 22. t1 1l .
' l' '' .-n.-"t=7lfiiG
eaa'rZ.Z''l.Jl--l "* / S
ht.,/s Co gto3(
rl
as Pgrsonal Representlht ive o
the Estate of George"Trumbor,
also known as George L.
Trumbor, also known as George
Lee Trumbor, Deceased.
4tadaec;r**rys! t:aar.:j- -L-.- :'
-/0 '
WARRANTY DEED
TI{IS DEED, Made l-hls 29th day of March , 1996,
bel-ween Jack D. Larsen, a sinqle man, granl-or, and John R. Freeman and
Robert Derkash as Trustees of Orthopedic Associat,es of Aspen and
Glenwood Springs, P.C. Pension PIan for the Benefit of Jim Weaver,
Under Agreemen[ iaLed July 1,1980, whose address is P. O. Box 948,
Color:ac1o Spriogs, Col orarlo 80901 , of t-lre Counl-y of EI Paso and State
of Colorado, gr.-ant-ees :
WT,|NESSETII, .that- l-he granLor, f or and j n considerat,ion of t-he sum
ol..I.E:N ancl NO/i00 DOLLAIISI ttre receipt- and sufficiency of which is
lrereby ac}<nowlerlgecl, has qrant-er1, bargained, sold and conveyed, and by
t-ltese pr:esent-s tl6es' qrant-; bargain, sel I , convey and conf irm, unto the
grant-e,Ls, Lheir: 5eiri ancl assigrrs I.orever, aJI t-he real properl-y,
[,r.3"1-]rer wit-]r irnprovemenl-s, i f aoY, si t-ual-e, Iying and being i'n t'he
Corlrrt-y,of Garfiefa, SLat-e of Colorado, descr'i.bed as follows:
All t-hal- porl-ion of I,oL 't'wo (2), an<i t-he Northwest- Quarl-er of the
Sout-l-reast erralt-er: (lrwlSrrl ) of Sect-i on Two (2\ , in Township Six ( 6 )
Sotrt-lt, ttange lliighty-nine ( B9 ) , Wesl- of l-he Sixth Principal
Meritli an, i,, cairiet ci Cotrlt-y, Coloraflo, Lying Easterly of County
Itc>acl 129 , ancl Iying Norl-lrerl y of lrtl-erst-at-e u. s. 10, EXCEPTING
.I,lEIlUtrROM, l-l-re t.= L f our hrrndrecl Lwenty-three f eel- ( n - 423' ), and
IIXCEp'I any ancl alt public roads and right-s-of-way.
,t'OGET'llER wit-h aII and singul.ar l-lre hereditaments and appurtenances
t-herel-o belonging, or in .t y *it. apperLaining, and ttre reversion and
reverriions, r6mainder and re*ait-rders, renLs, issues and prof it's
-t-5ereof , and aII t-he est-ate, ri ght, ti Lle, inL,erest,, claim and demand
wftaLsoever of l-he grantor, either in law or equity, of, in and Lo t'he
above barqainerl premises, wit-h t-he heredil-ament.s and appurtenances.
'l'() IIAVII AND'l'O IIOLD t-lle sairl premises above bargained and
descr:ibeci wil-lr t-he apptlrt-enances, unt-o the grantees, their heirs and
assiEns forever. nnil- l-lre 9rant.or, for: himsel.f , his heirs, and
pu."6nuI repr:esent-at-i ves, ,loes covenant-, grant-, bargain and agree t'o
ancl wi t-h t-he grant-ees, l-lteir: hei rs anci assigns, that at the t'ime of
l-he ensea,Ling anrl deljvery of t-lrese presenl-s,:he-is. well seized of
l,5e premises above conveyed, 5as 9oot1, sure, $erfect', absolute and
incleleasible est-at-e of iirfreri l-ance, i.n law, in f ee simple, and hu!
goorl r:ight-, fuII power and.Iawful agl-trority to grant, bargain, seII
ind "o.ri"y t-5e saine in manner and form as aforesaid, and t-hat. t-he same
itre f ree and cl.ear f rom al l former an<l ot-trer granl-s, bargains, sales,
Iie1s, taxes, assessment-s, encurnbrances and rest-rictions of whaLever
l<ipd or nal-ure soevel:, except- mineral reservations and conveyances of
r ecord; r ight-s of way and easetnent-s of record.
't'lre q;ranl-or .sltal..l, anrl wil I WAIIRANT AND ITORf4VER DEFtrND the
above-bargainerl premj.ses in t-he quiet- anci peaceable possession of the
granl-ees, t-hei.r lreirs and assigns, against- aII and every person Or
ir".oo.,. iawfully cl.airning [-he wltole or any parL. l-hereof . The singular
ntrmber s[a]-l inclurie t-he plrrr:aI, Lhe plura) ttre singular, and l-he use
of any qender shall be app.Ijcable l-o aII genders.
WIT ESS WIIE OF, 'l'he grantor ltas execuLed t-his deed the day and
lrs ve i L t-en
:k D. [,drse r)
STATE: OF COLORADO )
)ss
CounLy of Cheyenne)
'1,'lre I-or:egoirrg i nsl-rumenl-was acl<nowledged before me th
t-ness my I'rand q,raSJr^ri"r1'r..;SJlri"iar..bear
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Board of County Commissioners
Garfield County
State of Colorado
Commissioners,
James weaver has purchased the property immediatery to the
northeast of the r-70 interchange in Noname and intends to
subdivide it into'W, lots. He has petitioned the board of
directors of the Noname creek water Association for the right
to buy shares in the association to supply those lots with water.
This retter is to inform you that water is available for the
lots and we intend to serl shares to him for that purpose.
thdnk ypu J 21
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i t'Z',t ( ,/\.-, , k'i
Paul c. Kite
pres ident
o /3-
f)npaltl'MtiNl' oF IlunnGtlNCY SnnvtcEs
l,tNts . Iruili . lll,ls('l rl,)
l-23-e6
N'lr. N4ark []cart
GA RCO Plattning I )epitrtrtterrt
109 tlth Street
(llsrtwootl Sprirrgs, ('O. tt I 601
Dear Marli,
'l'his letter is irr rclcrencc to tlrc subtlivisiotr cxettrption proposed by Dr. .lirn Weaver in No
Naptc.'l'he propcrty is rvitlrin tlre burrntlarics ol'tltc (ilenwoocl Springs Rtrral Fire Protection
I)istrict antl lire antl ltMS rcsp()llsc rvill corttirltte as it tltlrv tltles.
'l-he property o\vlters slroukl be rnatle awilre that il'tlte area clevelops, reqttirements of the
l;rrilornr Fire Code nray appty. Water supply lirr frre lighting, access roaclways and wildland fire
protcction arc soule ol-tlrc rna.i<lr isstrcs tliat tnay neecl to he addressecl.
At this time I ltave rro problern rvith thc proposecl exentption as long as all parties are arvare of
ttte possihle rccluirertrcnts ol'thc tl.tr.('. ll'you ltave any qttestiotts, please give nre a call.
Sinccrcly,
I
i ';-t,' 11.4.--"'
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Jadk Jt-,nes Asst. Chiel, Glerrwootl Springs
[lnrergency Services.
cc: Dr. .lim Weaver
Irile
; 14-
Glenrvoorl Springs, Colorado 81601 . (303) 945-2575 . FAX (303) 945-2597
?!
ti06 Coopcr Avclrrrc .
United States
Department of
Agriculture
White River
National
Forest
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nir" n.ngLtoisr{rrct
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-i,lrijooe4 couhry Rqad i1f ,; .; ri.i L/Rifle, CO aibtd'
Forest
Service
Reply to: 5400
Date: April 18, 1996
Gadield County Planning Department
Garfield County Courthouse
Suite 301
109 8th Street
Glenwood Springs, CO 81601
Dear Planning Department:
Please consider the following comments regarding the Subdivision Exemption James K. Weaver
has applied for. The private land owned by Mr. Weaver is bordered to the north by National Forest
lands.
Owning private land adjacent to National Forest lands conveys no special rights. National Forest
is owned by the public and a broad range of activities may occur next to the private lands. The
Management Prescription for this area, at this time, is 38, which places emphasis on primitive
recreation. Activities which may occur here include, but are not limited to hiking, hunting,
photography, camping and so on.
lf fences, homes or other improvements are proposed near the National Forest and private boundary
a survey should be completed. This will ensure trespass of improvements does not occur on
National Forest and the landowner will enjoy full use of their private lands.
The water line currently in use by the No Name Water Association and proposed for use by Mr.
Weaver is under a special use permit issued by the Rifle Ranger District. lf any portions of the
line on National Forest are proposed for modification, such that Mr. Weaver meet the Association's
requirements, the Forest Service must be notified. Environmental analysis regarding the changes
would have to be conducted. lf modifications occur solely on private land, analysis would not
have to occur.
Thank you for the opportunity to comment. lf there are any questions please do not hesitate to
contact Cindy Hockelberg, Rifle Ranger District, (970) 625-2371.
Sincerely
Ld
ns*5
KEVIN T. RIORDAN
Acting District Ranger
.D /f-
Caring for the Land and Serving the People
Weaver SB-35 516196
The applicant's property is a 17 acretra*.located approx. 2 miles east of G.S. and north of interstate
70 in No Name. Slope varies across the tract from relatively gentle to steep, with slopes calculated
to be in excess of 48o/o on the northern and eastern portions ofthe tract. It appears that the only
improvements to the tract are a corral and lean-to.
Adjacent land uses are largely single-family residential and the Forest Service owns a sizeable tract,
north of the applicant's tract.
This proposal is to divide, by exemption, the 17 acre tract into 3 parcels of approx. 4.25,4.25 and
8.5 acres each. The applicant has discussed with staffthe possibility of conveying a portion of the
larger lofito an adjacent landowner, essentially still creating three parcels of 4.25 acres each.
#X' Lr('t'{ L}' /.i 7rL( l4--D
A deed submitted with the application indicates the petitioner recently obtained the property and it
is somewhat difficult to ascertain how the parcel existed as of January 1,7973. Through additional
research it is staffs interpretation that the tract in question has remained in the present configuration
prior to January l, 1973 and appears to comply with Section 8:52 (A) of the subdivision regulations.
The southern ll4 of the tract is zoned R/G/SD and the remainder is zoned R/L/SD. Both zone
districts require a minimum lot size of 20,000 square feet and all lots arelarger than this minimum
requirement. The most significant difference between districts is what is allowed as a use by right,
essentially allowing more intense land uses within the R/G/SD zone district.
As presented earlier, slope on the tract is an issue as it appears portions of the tract slope in excess
of 4Oo/o. Calculations made by staf indicate the tract has approx. 5 acres of land that is less than 40%
slope and staffrecommends that, if approved, all lots shall have at least one contiguous acre of land
that is less than 40% slope.
The water supply for this proposal is specified to be from the no name creek water association
community water supply and a letter has been submitted stating the association will supply the water.
An earlier deed for the property indicated that2 shares of water were originally attached with the lot;
however, the most recent deed makes no mention ofthis. Staffrecommends that all necessary shares
of water be in place and any required infrastructure upgrades be completed prior to any final approval
The method of waste water treatment is specified to be individual sewage disposal systems and
according to the SCS soils on-site are considered to have moderate to severe constraints generally
due to slope and the presence of large stones. Staff recommend a plat note to address these
limitations. Additionally, when a community water supply is used in conjunction with ISDS it is
required that all lots be a minimum of one acre in size.
Access to the parcels would be from either CR 129 or highways 6 & 24 and staff sees no special
problems related to this access. Staffdoes recommend the applicant consult with Road and Bridge
or the state highway department prior to obtaining driveway permits. Driveway permits would be
required at the time of building permit submittal.
The tract is within the Glenwood Springs Rural Fire protection district and the district has stated that
service will continue to be provided. Sta.ffrecommends the inclusion of a plat note to address wildfire
mitigation.
The applicant would be required to pay the school impact fees for the creation of the additional lots,
all easements would be required to be shown on an exemption plat and upon adoption of road impact
fees, the lots created by this exemption would be subject to paying the fee, to be paid at time of
building permit submittal.
The Forest Service has commented indicating that if upgrades to the water line occur on forest
service property it would be necessary to conduct a detailed review and obtain approval.
Based on this information, staff recommends approval of the application, pursuant to the listed
conditions.