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Home My WebLink About2.0 Staff Report & AttachmentsREQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEVIER: ACCESS: ZONING: ADJACENT ZONING: PROJECT INFORMATION & STAFF COMMENTS BOCC U4t93 Exemption from the Definition of Subdivision Otto and Catherine Zir/r.o A tract of land located in a portion of the SEI/4 of Section 16, T65., R89W of the 6th P.M.; more practically described as a tract of land located on the south side of Midland Avenue, adjacent to the City of Glenwood Springs. A7 .25 acre tract Central Water (CitV of Glenwood Springs) Individual Sewage Disposal System (rsDS) Midland Avenue R/L/SD North: South: East: West: R/L/SD R/L/SD R/t/6 (GWS) o/s (BLM) fr- RELATTONSHIP TO THE COMPREHENSIVE PLAN The property is located within District A, City of Glenwood Springs Urban Area of Influence of the Garfield County Comprehensive Plan Management District map. DESCRIPTTON OF THE PROPOSAL Site Trescrifrtioru The property is located on the west side of Midland Avenue, with an existing residence located on the northern portion of the property. A vicinity map is attached on page '//' Project Descrifrtion: The applicant is proposing to split the 7.25 acre parent parcel into two (2) tracts of 3.626 acreseach. The existing residence is served by domestic water by the City of Glenwood Springs, and ISDS system for sewage A. B. m. disposal. Access is provided directly from Midland Avenue. A copy of the application is attached on pages /2 -/3 . MAJOR TSSUES AND CONCERNS Subdivision: Section 8:10 (Applicability-Exemptions) states that the Board has discretionary authority to except a division of land from the definition of subdivision. Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, fire protection, adequate easements and school impact fees. Zorung: All lots meet the minimum lot size requirements of 20,000 sq ft. for the RIL/SD zone district. Required setbacks for this zone district are as follows: Front and Back = 25 feet; Sides = l0 feet. Forthe purpose of interpretation, the east property line would be the front lot line. Legal Access: Access for the additional lot will be obtained directly from Midland Avenue. No easements are necessary. Water: The applicants are proposing to use City of Glenwood Springs domestic water. Michael Copp from the City has indicated that the City has available capacity and is willing to provide domestic water to the additional parcel. A copy of Mr. Copp's October 27,lgg}letter is attached on pages /a[ 'l{. Sewage: Sewage is proposed to be handled by ISDS. Soil mapping from SCS indicate that the predominate soils on the site are the Ascalon-Pena complex. These soil types have a moderate to severe restriction for septic tank absorption helds.t Staff suggests that the following plat note be a condition of approval: 'All lots may be subject to the requirement of engineered wastewater systems. At the time of building Permit Application, proof will be required by a licensed Colorado Engineer regarding specific wastewater system needs on each lot." Natural Hazards: According the City of Glenwood Springs Geologic Hazard Mapping, the Zinko Property is located in an area on known hazards. Some of these hazards include debris fl ow, rockfall and hydrocompactive soils. The City suggests that a mitigation plan be a condition of approval of the proposed exe,mption (see a copy ofAndrew McGregor's December 7,lgg2letter on pages /6- tz >. In addition to information from the City, County staff referenced hazards mapping conducted for the County n 1976 by Lincoln-Devore Laboratories. The project area is located in an area of both slope and soil hazards. Lincoln-Devore placed the area in "Category II" for slope hazards. This designation represents areas ofmoderatehazard, such as debris fans and minor t Table 8 - Sanitary Facilities, Soil Survey of Rifle Area, Colorado, United States Department of Agriculture, Soil Conservation Service, May 1985, p. 108. l. 2. 3. 4. 5. 6. rockfall areas. Lincoln-Devore recommended detailed geologic investigation and engineering studies in these areas. Lincoln-Devore placed the area in "Category II" for soil hazards. This designation represents areas of moderatehazard, such as those associated with subsidence. These areas of soil and slope hazards are shown on page '/8 - Staff recommends that the following condition of approval be placed on the project: " Specific building locations may be subject to slope and soil hazards. All structures shall require the submittal of an engineering report addressing geologic conditions, foundation design and drainage prepared by a Colorado Registered Enginer. 7. Fire Protection. The applicant has submitted documentation from the Glenwood Springs Department of Emergency Services regarding the ability of the Glenwood Springs Rural Fire Protection District to serve the project. A copy of James S. Mason's December lst,l992letter is attached on page '/Q: rv.SUGGESTED FINDINGS The proposal is in general compliance with the Garfield County Comprehensive Plan and the Garfield County Zorung Regulations. 2. The proposed land use would be consistent and compatible with the existing surrounding land uses. 3. The proposal is in best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. RECOMMENDATION APPROVAL, subject to the following conditions: 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (l) year. A Final Exemption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. That the exemption plat include the following plat notes: Specific building locations may be subject to slope and soil hazards. All structures shall require the submittal of an engineering report addressing L v. 3. 4. A. geologic conditions, foundation design and drainage prepared by a Colorado Registered Engineer. B. All lots may be subject to the requirerrent of engineered wastewater systems. At the time of building Permit Application, proof will be required by a licensed Colorado Engineer regarding specific wastewater system needs on each lot. 5. The applicant shall submit $200.00 in School Impact Fees prior the signing of an exemption plat. 4 Vicinity Map \.:\ 1"=24,000' (approx) SLOPE HAZARDS ,;3\t o ,.N 1"= 12,000'(approx-) SOILS HAZARDS Area of Moderate lJazard Area of Major Hazard ZINKO SUBDTVISION EXEMPTION BOCC t+93 tr E?N i/,r-N il,,'im E trI tr Arca of Minor Hazard Area of Moderate Hazard Arca of Major Hazard G NORTH BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Pursuant to C.R'S' (1973) Section 30-28-101 (10) (a)-(d) as amended, and the subdivision Regulations of Garfield county, colorado, adopted April 23, 1gg4 section 2:20.49, the undersigned oTTo H. zlNKo and CATHERINE zlNKo, also known as Katherine Zinko, respectfully petition the Board of county Commissioners of Garfield county, colorado, to exempt by Resolution the division of a7.25 acre tract of land into 2 tracts of approximately 3'626 acres each, more or less, from the definitions of ,,subdivision,, and "subdivided land" as the terms are used and defined in c.R.S. (1g73) section 3o-2g-101 (10) (a)-(d) and the Garfield county subdivision Regulations for the reasons stated below: 1' Attached hereto as Exhibit A is a sketch map at a scale of 1 inch : S0 feet showing the legal description of the property, dimension and area of all lots or separate interests to be created and the access to a public right-of-way. 2' Attached hereto as Exhibit B is a xerox copy of a portion of a U.S.G.S. Quadrangle depicting a portion of the city of Glenwood springs, colorado and the location of the property to be subdivided. 3' Attached as Exhibit C is a copy of the deed dated March lg, lg1z conveying the property to Applicants. 4' Attached as Exhibit D is a list of the names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption and !: : ll .f.i l.i i. :-_r,rr:, ,l .i'ii . ii i:! .1 rl'.. . ii i. ;i !:i ri"t. of mineral owners of properties located in Sections 16 and 21 , Township 6 South, Range 89 West of the 6th P.M. 5. Attached as Exhibit E is report from the Soil Conservation Service concerning the soil types and characteristics of said soil types on the property in question. 6. The method of sewage disposal will be by individual septic systems. 7. The property is located within the Glenwood Springs Fire Protection District. A letter affirming this fact has been requested from the Glenwood Springs Fire Protection District and will be furnished to you at a later date. L Attached hereto as Exhibit F is a certification fr'om the City of Glenwood Springs stating that a connection to its water system can be made. 9. The exemption is being requested because Applicantswish to construct a house on Lot 2 of the property. The property is adequate to support two residences. 10. The deed attached hereto as Exhibit C demonstrates that the parcel exists at this time as it did on March 19, 1971. 11. A fee of $300.00 is submitted herewith. Respectfully presented this 2oth day of November, 1992. OTTO H. ZINKO CATHERINE ZINKO Attorneys for Otto H. Zinko and Catherine Zinko P.O. Drawer 790 Glenwood Springs, CO 81602 Telephone: (303) 945-6546 oElAruEv I sRlcorua, FOBERT OELANEY (OF COUNSEL' KENNETH EALCOM! JOHN A. YHUL.SON EDWARD I{ULHALLIJR' ROBERT C. CUTTER SCOTT EALCOM I LAWRENCE R. GREEN ROBERT H. NOONE 6I8 COLONAOO AVENUC TELEPHONE O'E.6S4t TELECOPTER 9aA-e90a .AFEA COOE lot Dnr-e.uny & Ela,rooun, P. C. ATTORNEYS AT LAW DRAWER 790 GrtNwooo SrarNos, Cor-on,roo orooc October L4, L992 /#- lr:"'1J.1 J["i=:J.. City of Glenwood SpringsAttn: Public Works Department 806 Cooper Glenwood Springs, CO 81601 RE: Otto and Catherine Zinko Subdivision Exemption Gentlemen: This office represents Otto and Catherine Zinko who are ownersof a parcel of property containing 7.25 acres more or less locatedon Midland Avenue outside of the city limits of the City of Glenwood Springs. A copy of the deed describing the property is enclosed. At the present time there is one residence located on theproperty which is receiving domestic water from the City of Glenwood Springs. Mr. and Mrs. Zinko are nolr desirous ofsubdividing the, property into three parcels to facilitate theaddition of a single family residence on each parcel. In order to do this they plan to file an application for subdivision exemptionwith Garfield County. To have the exemption approved, they must demonstrate to the County that domestic water wilt be available tothe two additional sites. We are advised that the City of GlenwoodSprings has a water main in place on the easterly boundary of theproperty in Midland Avenue and that a tap can be made to that watersource for each of the addiiional lots contemplated to be created by Mr. and Mrs. Zinko. If our understanding is correct, would you please cause the enclosed copy of this letter to be executed as indicated and return to the undersigned at your first convenience. If you have any questions or comments on the above, please contact the undersigned. Very truly yours, DELAN By I I JAT: sv Enc. l, : 'rr,.,il| .l,liii. i ''tl.i:;rii:t , :'i' jli Il:tji,:r.;:,i ' i.:I', , ri;!-''r' ,r::!!.ri '' : ,tfl, 'r -.i,{,ll : ir"'i ' . :ii,,| ]: ,, r ; ih,i, i !r.. , 'rli City of Glenwood Springs October L4, L992 Page 2 The undersigned official of the City of Glenwood Springs,Colorado hereby certifies as follows: 1. He is authorized and empowered to sign thisCertificate on behalf of the City of Glenwood Springs. 2. Domestic water service is now being supplied to theresidence located upon the property described in deed reccrded inthe office of the Clerk and Recorder of Garfield County, Coloradoas Reception No. 24928'l in Book 418 at Page 54. 3. The City of Glenwood Springs has available capacityand is willing to provide domestic water service to two addilionatresidences which miy be located upon the property described in thedeed referenced in paragraph 2 above upon proper application being made to the city of Glenwood springs and tap fees paid as requiredby the ordinances of the City of Glenwood Springs. 4. This Certificate may be relied upon the Board of County Commissioners of Garfield County in determining whether ornot to grant an exemption for the further subdivision of theproperty described in the deed referenced in paragraph 2 above intotwo additional residential sites. Dated this Oct+Wr ?-1 day of , 1992. CITY OF GLENWOOD SPRINGS, COLORADO ! I .,tl -/5- December 7, L992 Mr. David Michaelson, plannerGarfield County Regulatory Offices109 Bth Street Glenwood Springs, CO g16Ol_ RE: Zinko Subdivision Exemption referral Dear Dave: Thanks for providing the city with the opportunity to review andcomment on the proposed Zinko Exemption. we have the followingconcerns and comments. According to the cityrs geologic hazard mapping, the zinko propertyis located in an area of known hazards. some of the hazirdi maibe severe in nature. These hazards include debris flow, rockfallald. hydrocompactive soils. The county nay want to require amitigation plan before approving the pro!o="d exemption. However,if a nitigation plan is not rLquir6a is a prerlquisite to theapproval of the exemption, it should be a condition of approval ofthe subdivision exemption. As you are probably aware, the city is planning to make substantialimprovements to Midland Avenue next slring .ia summer. We wouldencourage the applicant to reguest and construct any utility workprior to the resurfacing work to avoid making stre6t cuts on thenew pavement. Residential water service is currently available for the proposedexemption as outlined in the agreement of october 27, t99i signeaby Michael Copp. If the propoLed residence(s) are to be locatedabove elevation 5r875 feet, approval of city councir wilr berequired. The city will perform-the tap connection work if the tapis 2 inches or smarler. The city will excavate the main, tap thlmain extend the service line to the property 1ine, install a'shuloff,backfi1l, and restore the area excavated by the city. There is no sewer service available in this area. Electric service is available from the city system. The applicantis responsible for bearing all the expense for the 1ine extensionfrom Midland Avenue including a fuse citrinet, conduit splice vault,trans pad cable, excavation, labor and aIl other materiall required. 80(r COOPER AVENUII GLI:NWOOD SPRINGS, COLORADO 81601 3031945-2575 FAX:945-2597 ,':*il - i .1, 1, Meter will be placed next to the transformer. No fences, shrubs, trees or other structures should be placed in the vicinity of the transformer. The city would like to reguest that for this and all future subdiviJLons adjacent to city boundaries the County provide a mylar copy of the approved plat for our files. Thanks for considering these comments in your review of this project. If you have any questions regarding these comments, do not hesitate to give me a call Sincerely: Andrew C. McGregor, Assistant Planner 'Fi:!i : r .:, i:.I.::_': . . :' ,,:..Fi' li'i:i .,. . ,!-*:, .; , : lrl:' ,l ';.',irili.,., ir lll-.t:' '\!' . |,: ' .., lr?,, |: ,1'j 'l':jj. i.i ,,'..i,:,,' .l:l ri!:f'.' r , i:'i" ,' ; " r ,r,.1 ' i.' . : 'r:i: i. . !' L.i.! :Li ', ,,:;.' :.: | , rF/. :: i. r,i ,': .'. , .:ll':l i. Vicinity Map ,'\ 1'=24,ooo' (approx) SLOPE HAZARDS 1"= 12,000'(aPProx-) I \oA I trI g tr Area of Minor Hazard Area of Moderate }Jazard Arca of Major Hazard Area of Moderate lJazard Arca of Major Ilazard ZINKO SUBDTYISION EXEMPTION BOCC r+93 tr E G NORTH nEC o 2 mqo GAHFtELt" EivrunGIiNCY SBnvlcEs IrIRtt . tutscult December L, L992 Mr. John T. Thulson.esq. Delaney & Balcomb, P. C. Drawer 79O Glenwood SPrings, CO. 8L602 Re: zinko Subdivision Request Dear Mr. Thulson, This letter wilt serve to confirm that the property described in your letter dated November 20, Lggz is within the boundaries of the Glenwood springs Rural Fire Protection District. As such the property would be protected by the Glenwood Springs Department of nmergency ServicLs. Development.gf tl" property would b" subject t6 aI1 codes as adopted, specifically Uniform Fire Code L982 edition. If I can be of further assistance please feel free to contact our office. S incerely, e)-u-/,,??L-n.-oJu^.= S. Mason, Director Department- of Emerqency Services cc. County Planning L/ fi le ll0(r Cesgrcr- Avcnue . (ilcnrvootl Spritrgs, Coloratlo ttl60l ' (303) 1)45-2575 ' FAX (303) 945-2597 'ro,lt, 'ir, ,,. / ?- F , \+,,.ri ,l.i'-. r, i:: :I' il ,i,,.i lr,' , ,,i .-.|: ,: :ll '. ,',..,1. i !i::,it :: "1 ,:1,