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Home My WebLink About2.0 Staff Report 09.20.1993• • BOCC 9/20/93 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Kenneth and Fay Stroeder LOCATION: A parcel of land located in a portion of Section 26 and Section 35, T6S, R92W of 6th P.M.; Located adjacent to County Road 326, approximately 3.5 miles south of the Town of Silt. SITE DATA: 80 Acres WATER: Well SEWER: Proposed ISDS ACCESS: Access Easement from County Road 326 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I_ RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District C - Rural Areas - Minor Environmental Constraints) as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The parent parcel is located approximately 3.5 miles south of Silt, adjacent to County Road 326. An existing 30' by 68' mobile home is located on the northeast portion of the property, with the remainder in irrigated pasture and native grasses. A vicinity map is shown on page 36'. - B. Project Description: The applicant is requesting an exemption to split the 80 acre parcel into two (2) parcels of approximately 2.8 and 77.2 acres in size. Since the 77.2 acre parcel exceeds 35 acres in size, only the 2.8 acre parcel is subject to Garfield County exemption regulations. Kenneth and Fay Stroeder have given permission to Mica Stroeder to apply for the exemption (see letter on page'3%>- A sketch plan of the proposed exemption is attached on page`3?: • • The exemption is being requested due to the natural split of the 2.8 acre parcel from the remaining parent parcel. III_ MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations state 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 ofa 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 ofthe proposed tracts, and the division occurs along the public light -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) Jot, parcel, interest or dwelling unit limitation otherwise applicable; Records in the Garfield County Clerk and Recorder's Office indicate that the parcel was approximately 1,706 acres in size in January of 1973. The parcel has been split numerous times (at least 8) since 1973. All of the splits have created parcels greater than 35 acres in size, and not requiring County approval. The applicants are applying for an exemption under the provision for natural splits due to the County ROW. Additional splits are possible through the full subdivision process. B. Zoning. All lots conform the two (2) acre lot minimum lot size for the A/R/RD zone district. C. Legal Access. The applicant is proposing to access the proposed exemption lot directly from County Road 326. A driveway permit from Garfield County Road and Bridge will be necessary prior to the recording of a final exemption plat D. Water and Sewer. The applicant has applied to amend an existing well permit to allow for two dwelling units to be served by an existing well. The State Engineer's Office has not responded to the application, although Dwight Whitehead did not foresee any statutory constraint to granting a well permit on the exemption parcel.` Staff suggests that a condition of approval be a favorable recommendation from the State Engineer's Office prior to the signing of an exemption plat. Individual ISDS is proposed for the exemption parcel. Soil units of the site include Olney, Torriorthents-Camborthids-Rock outcrop, and Olney. All of these soil types are considered to present only moderate constraints to ISDS with regards to slope. The slopes on the site do not appear to exceed 15 percent. No plat notes appear necessary in regards to ISDS feasibility. E. State and Local Health Standards. No State or Local health standards are applicable to the application. 19-16-93 phone conversation with Dwight Whitehead, Division of Water Resources. • • F. Drainage. No drainage easements appear to be necessary, but should be verified on the field by the applicant's surveyor. G. Fire Protection. The Silt -New Castle Fire District has not responded to the application. Staff suggests that this be a condition of approval. H. Easements. The Final Exemption Plat must include access easements, water easements (if necessary) and any easements necessary for drainage. I. ,School Impact Fees. The additional lot is subject to the required $200.00 per lot school impact fee. J Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is not located within an area of Soil, Slope, or Groundwater/Septic System constraints. IV. 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 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 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. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature. Extensions of time may be granted if requested prior to the expiration date. 4. That the applicant submit $200 in School Impact Fees for the creation of each new lot. 5. Control of noxious weeds is the responsibility of the property owner. 6. A favorable recommendation from the State Engineer's Office must be received by the Garfield County Planning Department prior to the signing of an exemption plat. 7. A letter indicating approval by the appropriate fire district will be required prior to the signing of an exemption plat. 8. At the time of preparing a final plat, the applicant's surveyor shall determine the status of the County ROW, and dedicated easements may be necessary. 4 MAP 023 no (4 71) `44b YL w t l t t A: NtS (013) 4b)J 9-091 SEE MAP ;179 -IS 1130 41,) l Mra[QT4,'%;<` 191 F&( a.? t4'I A. 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