HomeMy WebLinkAbout2.0 Staff Report 01.06.03Exhibits for Rhodes Exemption from the Definition of Subdivision (BOCC)
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Proof of Mail Recei and Posti
Proof of Publication
Garfield Zoni Rezulations of 1978
Garfield ve Plan of2000
Letter from the Citv of Rifle to Mr. Stuver datedl lll4/02 resardins water
Letter from the Rifle Fire Protection District to Mr. Stuver dated llll4l02
A ication Binder
Staff Memorandum
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REOUEST:
APPLICANT:
PROPERTY LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
STAFF RECOMMENDATION:
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EXHIBIT
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PROJECT INFORMATION AND STAFF COMMENTS
Exemption from the Definition of Subdivision
Richard and Karen Rhodes, Represented by
Stuver & LeMoine
Practically located as 447 CR 233.
Lot is 48.699 acres
3/o inch Tap from the City of Rifle Municipal
Water System
ISDS
County Road 233
A/R/RD
DENIAL
DESCRIPTION OF THE PROPOSAL
The Applicant proposes to create a 2.201 acre exemption lot from the remainder 48.699 acre
property. The subject property is located approximately I mile north of the City of Rifle adjacent
to and west of County Road 233.Inaddition, the Applicant wishes to deed a0.4 acreportion ofthe
property adjacent to CR 233 to Garfield County as part of the CR 233 right-of-way.
As a matter ofbackground, the subject property has gone through a variety of changes over the last
30 years. More importantly, the property was actually two separate properties (the Creek Parcel
and the Water Tank Parcel) as of January I,1973. Therefore the property as it exists today did not
exist in 1973. Additionally, neither of the separate parcels as they existed in 1973 was greater than
35 acres.
Because of this configuration of the parcels as separate and less than 35 acres each in 1973, this
property does not qualifi, for an Exemption from the Definition of Subdivision under today's
County regulations. Please note, the "Water Tank Parcel" received an Exemption to create the
"Noel Place" in 1980; however, that Exemption was allowed under former County Exemption
regulations which did not require the parcel to be 35 acres in size on January 1,1973. Subsequently
in 1996 I 1997, the County's Exemption regulations changed to require that in order to qualifu for
an exemption, the parcel as it existed on January 1,1973, must have been lareer than thirty five
(35) acres in size at that time and not part of a recorded subdivision. As a result, this application
does not qualiff for an Exemption.
Parcel to be deeded to Garfield County:
At present, a small portion (0.402 acres) of the subject property lies within County Road 233. The
Applicant would like to deed this portion of their property to Garfield County. A proposed right-
of-way deed has been provided in the application as Exhibit 3. Staff believes this is a sensible
affangement seeing as the current use of the property is a County Roadway. This action will
provide the County with the remainder of the 60 foot right-of-way associated with CR 233. The
Applicant shall agree that any fences or structures currently located within the proposed area to be
deeded to the County that would then be located in the County 60 foot ROW be removed from the
ROW as a condition the County's acceptance of the deed.
Applicability,
Section 8:10 provides the Board of County Commissioners the discretionary power to exempt a
division of land from the definition of subdivision and, thereby, from the procedure in Sections
3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat
the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare.
II. RELATIONSHIP TO THE COMPREHENSIVE PLAN
According to the Garfield County Comprehensive Plan of 2000, this site is located in StudyArea 2
just inside of the 2-mlle sphere of influence for the City of Rifle and is defined as o'outlying
residential." The density suggested for this area is one unit per two acres. The Applicant proposes
to an exempt lot containing2.20I acres from a46.498 acre property; both lots are greater than2
acres which satisfies this standard. After further review of the property, it appears there are no
significant development constraints or land use consideration issues according to the
Comprehensive Plan maps regarding suitability for residential development in the area of the
exempt lot to be created. Staff finds this proposed subdivision is consistent with the
Comprehensive Plan.
UI. STAFF COMMENTS
The Applicant is required to address the following review standards to qualifr for an exemption
from the definition of subdivision as stated in Section 8:52 of the Subdivision Regulations
A. No more than a total offuur (4) lots, parcels, interests or dwelling units will be createdfrom
any parcel, as that parcel was described in the records of the Garfield County Clerk and
Recorder's Office on January l, 1973. In order to qualifyfor exemption, the parcel as it
existed on January l, 1973, must have been larger than thirtyfive (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 tot he four @ lot, parcel, interest or dwelling unit
limitation otherwise applicable. For the purposes of definition, all tract of land thirtyfive (35)
acres or greater in size, created after January I , I 97 3, will count as parcels ofland created by
exemption since January I, 1973.
B.
Staff Finding
As mentioned above, it appears the property does not qualiSr for an Exemption. In order to
qualifu for an exemption, the parcel as it existed on January 1,1973, must have been larger
than thirty five (35) acres in size at that time and not part of a recorded subdivision. While the
subject property was not part of a recorded subdivision, it appears that the property as it existed
on January l, 1973 was only approximately 14 acres in size and owned by Charles Becker.
Please refer to the deeds in the application which describes the property as the N1/2 ofthe SW
% of the SW % of Section 3 and originally owned by Charles Becker.
The Property was awarded an exemption lot in 1980 which created the Noel Parcel which is
memorialized as Resolution No. 80-226. However, the review standard providing the
quali$,ing criteria has changed since then (approximately 1996 I 1997)to include the provision
that in order to qualify, the parcel as it existed on January l,1973,must have been larger than
thirty five (35) acres in size at that time and not part of a recorded subdivision. Therefore, this
property is too small and as such, this property does not qualiff for an exemption.
All Garfield County zoning requirements will be met:
Staff Finding
The property is zoned {R/RD which requires a minimum lot size of 2 acres. The proposed lot
shall contain 2.201 acres which meets this starrdard. The Applicants indicate they propose a
single-family residence which is a permitted use in this zone district. The Applicant should be
aware that the dimensionai standards such as setbacks and building height shall be met with
any proposed use on the newly created lot.
Legal and Physical Access Section 8:52 C states: "All lots created will have legal access to a
public right-of-way and any necessary access easements have been obtained, or are in the
process of being obtained";
Staff Finding
The proposed new lot will have access from County Road 233 via a 25 foot access easement
that straddles the lot line between Parcels A and B. This access road easement currently exists
to provide access across Parcel B to parcel owned by Michael and Jennifer Rhodes. Stafffinds
this standard to be met.
Water Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an
exemption unless the division proposed for exemption has satisfied the following criteria:
Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to serve
each proposed lot",'
Staff Finding
The Applicant proposes that water to this newly created parcel shall be provided by the City of
Rifle. The Applicant submitted a contract between the City of Rifle and William and Donna
Noel (the then owner of the "Water Tank" parcel). This contract was the result of the Noels
C.
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providing land to the city of Rifle for the location of the City's water tank. In return, the City
provided tfuee % inch taps to the Noels for future use. This contract was signed in 1975. At
StafPs request, the City of Rifle provided a letter on November 14,2002 (See Exhibit E)
confirming the current validity of the contract which remains in full force and effect to this
date as well as the ability for the City to serve the Applicant's newly proposed lot. Staff finds
that this contract and letter of confirmation from the City of Rifle adequately demonstrate the
property has legal and adequate source of water to serve newly created Parcel A. Staff finds
this standard is met.
Sewer "The Board shall not grant an exemption unless the division proposedfor exemption
has satisfied thefollowing criteria: Provision has been madefor an adequate source ofwater
in terms of both the legal and physical quality, quantity and dependability, and a suitable type
of sewage disposal to serve each proposed lot ";
Staff Finding
Currently, the property is served by a septic system that serves wastewater generation from the
existing single-family dwelling. The Applicant represents the method of sewage disposal for
the new Parcel A will be by means of Individual Sewage Disposal System (ISDS). Prior to
submitting for building permits, percolation tests shall be performed on Parcel A to determine
the most appropriate sewage disposal system and location. The proposed ISDS will be
designed by a professional engineer licensed to practice in the State of Colorado. Staff finds
that the Applicant has adequately represented that provision has been made for a suitable type
of sewage disposal to serve Parcel A.
All state and local environmental health and safety requirements have been met or are in the
process of being met
Staff Finding
No State or Local health requirements are applicable to the application with the exception of
Colorado Department ofHealth ISDS setback standards. The Applicant will be responsible for
meeting the required standards and criteria for the location of the wells relative to the
placement of the ISDS systems.
Drainage
Staff Finding
The parcel to be created by exemption, in its natural state is not subject to any drainage or
flooding problems and no drainage easements occur within the area of the parcels to be created.
Fire protection
Staff Finding
The property lies within the Rifle Fire Protection District. Mike Morgan, District Chief,
provided a letter (See Exhibit fl statingthe District will provide fire and medical services to
the parcel and made the following recoflrmendations:
F.
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Vegetation should be removed from near any structures in order to provide safe zone in the
event of wild land fire;
When constructing access roads into the parcels, consideration should be given to the
weights of fire apparatus and accessibility during adverse weather conditions; and
The addresses of the properties are to be posted where the driveway intersects with County
Road 233 as well as be located on the residence if shared driveways are used. Letters are to
be a minimum if 4 inches in height, % inch in width and contrast with background colors.
It appears that the newly created Parcel A will have adequate fire protection available from the
Rifle Fire Protection District; therefore, this standard is met.
I. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
Staff Finding
As mentioned above, at present, an access road easement currently exists to provide access
across Parcel B to parcel owned by Michael and Jerxdfer Rhodes. The Applicant proposes to
use that access road leasement to serve Parcel A. In addition, because the proposed southerly
property line of Parcel A will be located on the easement's centerline, a new easement will
need to be crafted to list the owners of Parcel A as parties to the easement. The nature and
description of the easement may also need to be amended for Parcel B and Michael and
Jennifer Rhodes. An adjusted easement shall be recorded with the Garfield County Clerk and
Recorder's Office as well as correctly depicted on the Final Plat with book and page numbers
of recordation prior to the recordation of the Exemption Plat. Staff finds this standard to be
met.
STAFF RECOMMENDED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
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.
That for the above stated and other reasons, the proposed exemption from the definition of
subdivision has been determined not to be in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens of Garfield County.
That the application has met the requirements of the Garfield County Subdivision Resolution
of 1984 a.a. Section 8:00, Exemption.
STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners DENY this application for a
subdivision exemption as it does not qualify for an Exemption from the Definition of
Subdivision pursuant to Garfield County Subdivision Regulations Section 8:52(,4.).
a.
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CTTY ofRIFft DI: C
202 RAILROADAVENUE . P.O. BOX 1908 . RIFLE, COLORADO 81650 . (970) 625-272L. tr'AX (970) 625-32L0
Public Works Fax: 970-625-6268
November 14,2002
Mr. Thomas Stuver
Stuver & LeMoine P. C
120 w. 3'd street
Rifle, CO 81650
Dear Mr. Stuver:
Re: Rhoades Exemption - Water Supply
The City of Rifle is willing and has the ability to serve City water to the Rhoades parcel. The taps are
available per easement and addendum agreements previously executed. Payment of fees and
installation costs are the responsibility of the applicant.
lf there are any questions, please call me at625-6223.
"r"".r"r'r$rl/
BillSappington, P. E. { " /
Public Works Director
Cc:Jim Neu, Leavenworth & Karp, P. C.
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EFPD;9706252963;NOV-1/'r 4:22Ptt;PAGE 2
November 14,2002
Sturer & LeMoine, p.C-
Attormys at Law
Post OfficeBox 9O7
Rifle, Colorado tl650
Attention: Tom Stuver
Refereoce: Rhoades zubdivision ec(emption
Mr- Stuver,
The Rifle Fire hotection District lns revieured the proposed Rhoades suHivision
exernption or Cormty Road 23? ry+ Rifle- It is the Diiuict's undersranding that thc
proposal is to take one 4t.699nacre parcol'ana iumivide ii into nro pr*ti """ap'p:oxinmcly 2.2Ol'arr;ex,arrd one approximady 46.49tsecres, frr'..rstn;;n of one
additiond singte family drielling. The aree is whhin'ttb bornduies of the Rifle Fireprotection Districr ssd firc a{rd qmergency mcdi"at "*tt U" provided- In uder io
assist the Distrio in ils ability toprovide servile* we woutd -rrg the fo[owingrecomnre,ndations: ::'
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Rrrr-e Frne PnorEcrroN Drsrnrcr Ef,
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Vegetation,sould Ue rerno"ea fno* no, -y ar*trrres in oid€r to provide e sefezqp in the ewntofa wil{ Iand fire. , i
Road consnr*onl wlrenl cmstrui*ng rbce.r'-rdo,ry, irrto the, parcers,
consideration,strouli be"gjrtq to rl" -"igt t" of fire ap-pqrius *3,o."=urity
during adverse weaherconditioas. .. , -,"
lq.tiog of the aAaress: fhsaaCreisx 6f tfie proffiesare to be posted where rhe
driveway intersccu the C6urty Rosd ana onltatqddcnoo itself iishared
3.
drivewap are uscd. L€ttcrE raiobe.l rniBrmum of 4 iuches io heiglq % inch in
rpidth ed cmtr:ast with background ioiors.
Thsrrk you and fecl fr,ee to contsct ,'re if y6u havc arry additional qgestions.
Sincerely,
Mike Morgan
District Chief
Telephone (970) 625-1243 . Fax (970) 625-2963
1850 Railroad Avenue . Rifle, Colorado B1650
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( /rr.r*l 'l h,*'Z)STUVER & LeMOINE, P.C.
ATTORNEYS AT LAW
I20 WEST THIRD STREET
P. O. BOX 907
RIFLE, COLORADO 81650
THOMAS W. STUVER
DANIEL D. LEMOINE
BARBARA C. BURWELL
TELEPHONE 970 - 625-18A7
FAX 970 - 625-4448
January 6,2003
Board of County Commissioners of Garfield County
108 8'h Street
Glenwood Springs, CO 81601
RE: Rhoades' Exemption Application
Dear Commissioners:
Richard and Karen Rhoades are seeking to exempt the creation of a 2.201 acre lot from the
remainder 48.699 acre property. The newly-created lot is to be used for the residence of the
Rhoades' daughter and her family.
After reviewing the application, Garfield County Building and Planning Staff issued a report
concluding that the proposed subdivision was consistent with the Garfield County Comprehensive
Plan of 2000. Specifically, Staff stated that the proposed subdivision meets relevant zoning
standards, has legal and physical access, demonstrates an adequate source of water, contains no
health, safety or drainage issues, and will have available fire protection. We agree with Staff as to
these conclusions.
Staff, however, also recommended denial of the application based upon regulation 8:52. Regulation
8:52 states, "ln order to qualify for exemption, the parcel as it existed on January 1,1973, must be
have been larger that thirty five (35) acres in size at that time and not part of a recorded subdivision."
Because the two parcels underlying the Rhoades properly were, respectively, 30 and l8 acres as of
1973, Staffconcluded that the application should be denied. While we understand Staff s technical
reading of the regulation, we believe that regulation 8:52 is an unenforceable arbitrary standard.
It is an undisputable premise that the law should equally protect and affect all of us. Likewise,
exemptions from the law should be based upon standards which equally apply to us today, not as
we or our predecessors stood thirry years ago. To allow one proposed exemption to be granted and
an identical exemption to be denied based upon the status of each owners'property in 1973 is
without any rational relationship to the County's legitimate interest in the welfare of its citizens.
To avoid an arbitrary denial of the Rhoades proposed subdivision, which the Staff report shows
compl.ies in every other respect with the County regulations. we Lrrge you to:
W .tuW
l) continue the hearing to allow time for the Board of County Commissioners to revisit and reform )regulation 8:52; or /
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2) waive enforcement of the arbitrary standard as applied to the facts here and grant the applicat ion. *lil 5117
Thank you for your consideration. "Y
Sincerely,