HomeMy WebLinkAbout2.0 BOCC Staff Report 03.18.1996• •
BOCC 3/18/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANTS: Timothy & Lynn Roe; Rebecca Williams
LOCATIONS A tract of land located in Sections 13 & 24,
T7S, R93W of the 6th P.M.; approximately
seven (7) miles south of Rifle, along CR 319
(West Mamm Creek Road).
SITE DATA: 140 Acres
WATER: Shared Wells
SEWER; Individual sewage disposal systems
ACCESS: Access from CR 319; easements
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within District C - Rural Areas/Minor Environmental
Constraints and District E - Rural Areas Severe/Moderate Environmental Constraints as
designated by the Garfield County Comprehensive Plan's Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: This is a 140 acre tract located approximately seven (7) miles south
of Rifle along County Road 319. The property can be thought of as consisting of two
(2) distinct areas. The first is the northern 70 acres which is typically gently -sloped
agricultural land, whereas the southern 70 acres consists of, generally, rugged hills
and valleys and in a relatively natural, wooded state. Gant Gulch and West Mamm
Creek flow through the southern portion of the property and an irrigation ditch flows
through the northwestern portion of the property. According to a map submitted with
the application, it appears that there is a [dilapidated] cabin and a future gas well
located between West Mamm Creek and Gant Gulch. See sketch map, page
S •
C.
Adjacent Land Uses: The area is relatively remote, predominantly agricultural land
with a few residences scattered along the county road. See vicinity map, page
Proposal: The applicants propose to subdivide, by exemption, the 140 acre tract into
five (5) lots of 10, 10, 12, 38 and 70 acres. The applicants are requesting a "regular"
exemption to create four (4) of these lots and an additional lot created by a natural
feature. The applicants have indicated they are seeking tits exemption in an effort to
create lots for family members.
• •
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 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, and
is not a 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) or natural feature, preventing joint use of the proposed tracts, and
the division occurs along the public right-of-way or natural feature, 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;"
A deed submitted with the application indicates the 140 acre tract existed in an
undivided state in November of 1963, when the applicants obtained the tract from
their parents. See deed, page U . Therefore, it appears this request complies
with Section 8:52 (A) of the S bdivision Regulations. However, the sketch map
shows an existing cabin located on what would be the 38 acre parcel and it further
appears that a bridge of some sort provides access to this parcel, the future gas well,
and the existing cabin. If this is the case, it is staffs interpretation that the 38 acre
tract is currently being used in a joint manner and that the natural feature split
requested is not valid. In light of recent and historic interpretations of the Board, staff
would leave the decision up to the discretion of the Board.
The Roes are the actual proponents in this application, requesting that the lots be
approved to provide eventual homesites for their children. If approved, no further
splits, by exemption, would be allowed on any of the lots created.
B. Zoning: The subject property lies within the A/R/RD zone district, which mandates
a two (2) acre minimum lot size. All proposed lots would be in excess of this
minimum requirement.
C. Water: The water supply for this proposal would be the use of shared wells.
Included with the application are two (2) well permits (#191875 & 191876), both for
exempt, domestic wells. See well permits, pages ct �9 . At this time, neither well
has been drilled and it will be necessary to establish the adequacy of the physical water
supply before the authorization of an exemption plat.
D. Sewer/Soils: The applicant proposes to use individual sewage disposal systems as the
method of waste eater treatment. According to the Soil Conservation Service, there
are four (4) chief classifications of soils, on-site; the Nihill channery loam, Olney
loam, Potts loam, and Torriorthents. When used for building site development
and/or placement of ISDS, these soils vary from having slight constraints (Potts) to
having severe constraints (Nihill). Staff recommends a plat note address these
limitations and require site specific soil analysis at time of any building permit
application.
E.
Access: Access to all the proposed lots would be from County Road 319 (West
Mamm Creek Road) along easements that would serve some of the individual lots. It
appears this access would be at the same point where CR 319 curves to the west,
where there is an existing gate and access road. It appears this existing access road
provides access to a future gas well on the property, as well as a cabin located on the
southern portion of the property. If additional driveway permits are necessary from
County Road and Bridge, the applicants will be required to receive them prior to the
authorization of an exemption plat.
F. Fire Protection. A letter included with the application indicates the subject property
is within the area served by the Rifle Fire Protection District and that emergency
services would continue to be provided. See letter, page MQ . Staff
• •
recommends a plat note be included to address wildfire mitigation.
G. Easements: Any required easements for drainage, utilities, access, irrigation ditches,
water supply, etc., will be required to be shown on the exemption plat.
H. School Impact Fees: The applicant will be required to pay school impact fees of
$200, for each lot created by this exemption.
I. Potential Road Impact Fees: Upon adoption of a road impact fee, 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.
W. 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
If, in the discretion of the Board, the Board feels that West Mamm Creek creates a sufficient
impediment to joint use of the tract, staff would recommend 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, access or utilities.
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.
That the applicant shall submit $200.00, per lot, in School Impact Fees for the
creation of all exemption parcels.
5. That the following plat notes be included:
"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
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."
"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
"This exemption was approved based on the use of a central well and shared water
• •
system. There is no assumption that a household use only well will be a dependable
water supply. Any purchaser of a parcel of land that was created by this exemption
reserves the right to use the proposed central water supply."
"The shared well system approved for this exemption requires either an individual
water storage tank, minimum capacity of 1000 gallons, be installed at each lot or a
central storage tank, the sizing shall be a minimum of 1000 gallons per lot created and
served by the central water system. This shall be done at time of building permit
application at the expense of the building permit applicant."
"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."
"No further divisions by exemption from definition of subdivision will be allowed."
6. The control of noxious weeds shall be the responsibility of the landowner.
7. The applicant shall receive any necessary driveway permits, for each lot created, from
the County Road and Bridge Department, prior to signing of an exemption plat.
8. That, if the water supply is to be shared, the applicant shall demonstrate that an
adequate supply in both quantity and quality exists for the lots to be created. Criteria
for demonstrating the quality, quantity and dependability of a well or a shared well
system:
a) Both wells be drilled and a 4 hour pump test shall be performed on each;
b) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
c) The results of the 4 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted
to the Planning Department;
d) A written opinion of the person conducting the well test that this well would
be adequate to supply water to the number of proposed lots and be submitted
to the Planning Department;
e) An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
f) If the well is to be shared, the provision for individual water storage tanks of
no less than 1000 gallons for each proposed lot (required at time of building
permit application);
g) A discussion of the mechanical components of the shared well system to
include the pump, water supply line, storage tank and other components (for
shared well systems);
h) A legal, well sharing agreement which discusses all easements and costs
associated with the operation and maintenance of the system and who will be
responsible for paying these costs and how assessments will be made (for
shared well systems);
i) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
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day of November in the year of our Lord
nue thousand nine hundred luuf s -LX Ly -three bet wisest
BUD ROE and EVEI.,YN 1). ROE
of the County of Garfield and `ilMLc: of Colorado, of the first. Marl, and
-REBECCA WILLIAMS and TIMOTHY ALLEN ROE
of the County of Cantel(!
anti State of (. ,Io(ath,, of the second part;
Wltrleaaalll, That the said part l.es of the lilac fruit., fur w111 in couaidclaliu11 of OW Unlet of
?2.00 together.- withlove and affection and other good and valuable elonBlderatic
A31; 3! 1! sm wx
11) 111(1 :still part les of the lir((. Inert in hand paid 11y the quill letilleti of Lie decund hart., the receipt whereof id hereby con -
!Mt! acluuroludgc(1, ha granted, leni;eIocd, (old and conveyed, and by iheee pieeeute flu grunt, bargain, sell,
convey and confirm, unto the said limbed of the second part, not in tenancy in couutt0n Lul itt ;eiut tenancy, OW survivor of
them, their 1111sigoa lural the Laird Mull 88/.og11a of duels survivor forever, all the following tluacrihed lot or parcel of land
zdtuutc, lying end being In the County of Garfield 11(1(1 Slat.( of Colura(!o, to -(cit:
The West (tali: (WI) of Life Northeast Quarter (Nis ) of the Southwest Quarter
1
(SWT) , Section 'Thirteen (13) , 'Township Seven (J) South, Range Ninety-three
(93) West, of the Sixth Principal. Meridian (6PM) containing 'Twenty (20) acres,
more or less.
Also the West half (W ) of Southwest Quarter (SW-) Section Thirteen (13),
the Northwest Quarter (NW, -1) Northwest Quarter (NWS) Section Twenty Four (24)
Township Seven S. (7S) Range 93 West 6th P.M., containing 120 acres, more or
less. Except, however, 2/3rds of the oil, gas, and minerals heretofore
conveyed out.
Provided, however, the parties of the first hart hereby expressly reserve
to laud Rue the use and enjoyment of all of the above described real
property and the right to receive the rents, issues and profits arising
therefrom and to occupy said premises for and during the period of his
natural life, and at his death said life estate hereby reserved to itis(
in said premises, together with the fee title thereto, to vest absolutely
and 1.n fee s!.utple in the parties of the second part, or the survivor of
them.
Together With all lulu uingulur the IturcllllluncnlI null ttppullcna11coa fluIrwtto Lllunging, or in anywise appcitaining,
[Loll the reversion and reversions, remainder and Ietuluutleld, run 1111111(11 nod 11'0!1111 t11t.n:of; wuf adi Lisa ,stale, right., Lille,
ink:reel., claim and demand wlntl:mover of the (aid InLI les of the lira(, part, either in Lav or equity, 1)f, in and to the ItboVe
bargained prauidca, with the hercditantt:nl.0 and appurtenant:on.
To (lave and to 11 old Lllr, quid pr(nliach above bargained and described, with the aI11JurIenaucee, unto the said parties of
the 8e01)nl! Intr1, the 11urvivor of them, their a19igu( and the Lairs 1111d Ite91g11h 111 1111 0 11 13111 VIV01' forever. Ant! the 11111(1 part ies
of the IirsL part, for thea( 801 V es , Che i.r 111111'9, uxcculurs, 1111(1 tttlnll11i:111't1111r11, 1111 covenant, grant,
bargain and agree to and with the said parties of the second pail., 1)10 survivor of them, their asaiguI and Idle Heirs and 11..1515119
of such survivor, 111at at the time of the cuucaling and delivery of these presents, 1 !ley a re well seized of the premises
above conveyed, 115 of good, sure., perfe d, abeolutc and indefeasible 10,!.:10 1)l inht FIh1nce, in law, in fee simple:, and IutV e
gout) right, (Id! power 111111 11111 1111 iutt1orily to grant., bargain, Sell M11(1 1,11/11v1:y the saute it1 1111uun:r and furls afore.;ttid, !1111 that
Ole Sante are free 111111 clear Irmo all fur11ler and other grunts, 11rgaiu5, 81110(1, (cuts, taxes, a99uidineeLa lull incuutbrutc0.' of
whatever 1(11(11 or nature duevor,
and the above bargained Irretnisce in 1.110 quiet and peaceable bras:lot{:;ion of Ole 111111! parLit5 of the 1(001)1(1! part., the survivor of
1)10111, their assigns and dui helot and lei:signh of (melt survivor, ugaival, all and every person 1)r pera015 lawfully (debiting or
to 01111111 the whole 1)r any part (Loco(, the said part tell of the Iita1 purl (1111111 1111(1 will WARItAN'l' AND FO!LIi:VEIL
1)11:1"EN1).
In WJtuaua W11e1'uof, The Maid 11111'1 leS of the IireL purt ha ve hereunto del their 1111111113 and
dads die day and year lira1. above mildest.
Signe, Sealed (soil 1 )0li vered i1) the Presence of
Bit e
ldtc�:r: (SEAL)
(SEAL)
(SEAL)
S'1'A'1'kl 01e COLORADO,
County 1)C _ ,CAR!' I.EL!)
1s1 '1')111 foregoing be:eminent. 14119 acknowledged
1(:1(110 ilia 11115 ^' t E day 1)f ... _ NOYetllbyr 19...O..3
I,y* find (toe and Eve lylt 1). (toe.
Williams lay 111111(1 auto official heal.
hiy c1)t11utiasi11n exjtirea......Apr 1. 1_ 2.3 , .1 966 .
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Nulary Public.
411 ucIiug 111 0lliei 111 or rcpn:ocaml ti vc wllm city, 11,(10(( wuuclu 1,J idea office or :atrocity 11,11 fur when, acting.
3311-R REVISED WARRANTY 0000 1 O J01'I1 1 ENAN1 S- '1 Lu C. 1'. 110011,01 Maul, Bunk h Litho. Co., Denver, Colo.
Documentary Stamps not required 47
Form No.
CMS 25
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ApplIOVEftWLI..LLOCATION
GA111:1E1.14 (30411\HY
SW 1/1 SW 1/4 Section 13
Twp 7 S RANGE- 93 W 6th P.M.
nit;lAt\wir_s :).oM SEC2FION LINES
00)) 1-1. 11001 So 0111 Section Line
300 I:1. liont West Set:11On 11110
IS:.-.3LJANCE OF 7) IIi )'LI I DOES HOF CONFEH A WA I LH HIGH
(:orm( 1 IONS 01- APPHOVAL
1) I hls wolf shall bo iisod in such 0 way as to citilso no minutia' injury to existing wailer (19915. The issuance ot the
))oimit [(0135 001 Li5son01110 if..)011(10131. 11101 110 Injury will ot-;cor 01100)(:-..)1- vested water right 01 preclude another
ovviw( 01 0 vetilen wilier- (ION Iron' suolong in a civil court action.
2) I he c(")nsiniction 01 woll shall bo ii compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval (J1 a vanai IOU has boon giainuil by lito SIiIu Floaid oI L.xaminors of Water Well Construcli()n and f)urnp
liistallatioliConimotuis 11 01;;0) 1)1013 with I 11).
3) Appiovod 3/-92 60:2(3)(1))(1))(A) as Lilo only well on a tract of ot ‘10 acres described as the
SW IA 01 Soc. .11, rwp. 1 S., Ili ig ;:i W. 01 the 0111 l'.M., County.
4) 1 Ile 1130 01 9)0)0) W010( 1101 1 1 11 11:; W011 111 1110110(1 to ordinary 11011st:901d purpotieS in31(113 10 3 single family
1ir121)(0te10i0ll, itotilliy, (Joint:1;1w animals, auul livestock farms and ranches, and the
initiation of not ovoi olio (I) acio Itomo ftait lens ;And lawns. I Ns well is to be known as the Roe Well 1\10. 1.
5) I Ito maximum pumpii ‘010 exceed
0) 1110 felon) llow 111)111 11)1use ()I the wull 101131 bo thrbitgli an individual waste water disposal system Of the
001 1-0Viii1101illiv0 WI101 11112 Wil1(:( Is i00 11 10(1 10 1 ) 10 13i.1100 StOOlo system if In WIliC1 1 tho well is located.
/) I his wall cutittlitiGiod not
APPROVED
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EsiultI,A
Receipt No. 039123113
1 3)0312 1 I 100 200 lout lidai 1110 lot:Winn specified on this
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DIV s C1,11 Y. 2;i WD 'i5 DES. BASIN MD
ul: 111iuck: I-Ilin�). Sulu.11y
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APPI (OVI_I) WELI. I.00 I ION
(:iA(11 101 1) COUNTY
11W I/4 NW 1/1 Section 24
1w11 7 2 RANGE 93 VV 610 P.M.
I )IS I ANC(_S 1=001v1SEC PION LINES
(970)13711 2/9:2 ISO H. born North Section Line
I'I _I WI I 10 CONS 11111(; 1 A W1:1 L (1:111 FI. 11.0111 Wast Section Line
ISS1 JANCL 01: I 1 11S PEI WIT DOES NO l' CON1=E1:1 A WA I ER RIGI 11
;(.)1\11 )1 ilCNS 01- Al 1111OVAI
1) I Ills well shall Ile, used 111 such a way as to cause lit) inaturi<tl 111)157 10 existing water riQIlIS 1110 Issuance of the
000511 1100s not assure: 1110 applicant 11101 no Ilst i y will 00001 10 i.0 loilwr vested water right or 1)1.0C111de another
UWllel of a vested witlul 111)111 110111 Suukl111.1 Ieliel 1n a t;ivil 00011 action.
2) 1110 Corlstrucllon cit 11115 wall s11all 110 in coltiplii.ulce will1 Tho Water Well Construction 1-lules 2 CCR 402-2, unless
approval of a v5111.111;0 11as 110011 (J1i1r111r1 by 1110 211110 Hoard of Lxa:nlners 01 Wale Well Construction and Purnfi
Ins1011011011 Col lit ilCIt115 111 accoidalice. will l I ltllc I0.
;i) Apo wed 1)1(510111 to (.;(1S 37 •92-602(3)(1))(11)(A) os Ilte only well 011 0 trod of land of 40 acres clescribecl as the
NW '7,, NW V, of S(:u. 2:I, Awl). / S., 1111g. 9:) W. of the 6.01 P.M., (aa,1101d 00111 ily.
-I) 1110 use 01 ground vvatur 11.0111 11115 wall IS Ii11litocl to orcliniuy household purposes inside up to 3 single family
dwellings, lite f)rolectiun, 111(1 wilt0,inl) of I)oollty, dolni;_;tic animals, [011 livoslock Ort farms ami ranches, and the
initlalion of 1101 over 0110 (1) acct: of 1101110 1. Jiud0111i and I;twns- 11115 well IS 10 no known LIS 1110 Roe Well No. 2.
`) 1110 maximum !milli/111f.) 1L110 5/10111101 0x1;01.:(1 1!) (:il'ivt.
0) 1110 (0111111 I)ow 1101(1 1110 use of 1110 wall 1111(51 I)0 lllroullll 011 lndlvldual waste wafer disposal system of the
lion-evttl)nrallve lyi)0 whole 1110 water IS 10I1Llnudl 11) 1110 50100 stieai11 5y51001 to which the well is located.
%) 11115 well sl1a11 110 ccutslnlcted riot Ingle 1111011 200 fuel 11015 1110 location specified 00 1h1S hermit
API'lUOVL1)
ILC;
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:11(11(1 Luylnc“i _
Receipt No. 030123 -IA
I)A1E ISSUED
EC 1 1 1995
•
i z g (15
00/i\irk J)PY
EXPIF TION DATE-
-
AT( f_C �1 1 199?
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1133 Rifle,
Colorado
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Box � ���U������� • �D���
Mr' Allen Ball
668 Park Avenue
Rifle, Colorado 81650
Re: Fire Protection
October 10, 1995
Mr. Bell`
Z am writing this letter in regards to our discussion
concerning fire protection to a piece of property located
within Section Thirteen, Township Seven South, Range
Ninety-three West of the Sixth Principal Meridian.
This subject property is located within the boundaries
of the Rifle Fire Protection District and therefore Fire
Protection and Emergency Medical Services will be provided
to you by the Rifle Fire Protection District.
Feel free to contact me if you have any further
questions or concerns.
Sincerely,
-�
/
Mike Morgan
Fire Marshal
Rifle Fire Protection District