• • BOCC 7/18/89

PROJECT INFORMATION AND STAFF COMMENTS

REQUEST:

APPLICANT:

LOCATION :

SITE DATA:

WATER :

SEWER:

ACCESS :

EXISTING ZONING:

ADJACENT ZONING:

Exemption from Definition of Subdivision

W. J . & Nadra B . Colohan

A tract of land situated in Section 12, T7S , R89W; approximately 4 miles south of Glenwood Springs , off C.R . 109.

The site consists of a 13 . 5 acre tract.

Shared or individual wells

Individual Sewage Disposal System

County Road 109

A/R/ RD

A/R/RD

I . RELATIONSHIP TO THE COMPREHENSIVE PLAN

The site is located in District B, 1/2 to 1 mile radius, Moderate designation on the Comprehensive based on proximity to the Westbank

Subdivision/Rural Serviceable Areas Environmental Constraints. This

Plan Management District ' s Map is Subdivision.

II. DESCRIPTION OF THE PROPOSAL

A. Site Description: The site is located in a rural portion of the county with adjacent land uses primarily single family residential, agricultural, and open space . Slopes on the site are moderate with native types of vegetation. currently, there are no improvements on the site, except for an existing well .

B . Project Description: The applicant proposes to divide acre tract into two lots each 6.75 acres in size . including gas , electric and phone are represented available and the existing well is noted to have capacity.

the 13 . 51 Utilities as being 22 G.P . M.

C. History: The applicant has submitted documentation establishing that no lots have been created out of this tract since 1966.

III.MAJOR ISSUES AND CONCERNS

1. The application has been referred to the State Division of Water Resources . They have indicated that they are still reviewing the request, to determine if additional well permits will be available.

2. A letter from Ernest Delto commenting on the application is enclosed . (See page?~ / 0 )

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• • 3. Soils information on the site indicates that the main limitation

for homesite development is large stones and boulders.

4 . The applicant's existing well permit unit. An additional well permit will the State Division of Water Resources.

IV. SUGGESTED FINDINGS

is limited to one dwelling need to be obtained from

1. That proper posting and public notice was provided as required by law 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, with the following conditions:

1. That the applicant submit evidence of a domestic water source for each of the proposed tracts, consisting of an additional well permit or other verification acceptable to the Board of county Commissioners.

2. That the applicant submit a letter from the appropriate Fire District indicating that they serve the proposed site.

3. That the applicant obtain driveway access permits or a letter stating that permits would be issued, from the county Road and Bridge Department for all new access points onto county Road 109.

4. That the applicant submit $200 in School Impact Fees for the creation of one new lot.

5. 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.

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;cY~ '()/ )J~ Route

~ Bard of

(/ if Garfield

County Commissioners JUI_ U _ ' '.'J9 D Arnold D Buckey

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County Courthouse

Suite J01, 109 8th Str eet

Glenwood Springs, CO 81601 COU N1 I .

~ li.rMarian

::.' July 5, 1989

REF: Sul:xiivision exempti on request by W .J. Colohan and Nadre B. Colohan .

I believe it was in 1970 that the Sta te of Colorado passed regulations

concerning the s uWividing of properties into parcels smaller than

thir ty five acres.

As I understand the regulations , ·they were i ntended to protect the buyer

from purchasing property with inadequate or poorly designed utility

systems and adverse natural conditions that create unreasonable burdens

for the buyer or the immediate environment .

I have first hand knowl edge that reliable water systems and road main­

tenance are not available at the resid ential sites bordering the

s~bject property. Has any thought been given to how the future owners

will provide their families with water? How will the county provide

for incr:eased traffic demands on a road inadaquately maintained at

pres ent?

According to the United States Supreme Court in a i954 ruling concerning

Berman vs. Parker, "The concept of the public welfare i s broad and

inclusive. The values i t represents are spiritua l as well as physical,

aesthetic as well as monetary. It is within the power of the legislature

to determine that the community should be beautiful as well as healthy,

spacious as wel l as clean, well-balanced as we l l as care fully patrolled."

mF~riW~~n _ JUL 101989 _JLJ l:J........... .. .. . ... . . ···' GARFlELD COUNTY

ERNEST c DELTO ARCHITECT !'>/:< ............ .. .. .... .... . . ................... · .. · .... · ............................................................................ : .......... : ...... .....-: .... 0:.: ........... : ........ / ................ q 1599 ROAD 109 GLENWOOD SPRINGS, COLORAD O 91601 [303) 945-9921

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• If the supreme court has ruled that aesthetics are within l egis lative

jurisdiction, then surely so are ,the necessities of life.

Garfield County appears to be unconcerned with the broader concept of

public welfare. A lack of concern demonstrated by a failure to enforce

state and local regulations governing construction and property devel­

opment. How else do we explain residential properties without water

systems and agriculturally zoned properties used as car lots, ware­

houses and gravel pit operations?

The county has broad responsibilities to the r esidents. In addition

to adding to the t ax roll, it is responsible for providing for appro­

priate services and protecting a quality of life to its current and

future residents.

Ernest C. Delto, architect

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