HomeMy WebLinkAbout2.0 BOCC Staff Report 04.23.1984REQUEST:
BOCC 4/23/84
PROJECT INFORMATION AND STAFF COMMENTS
For a S.B. 35 Exemption
APPLICANT: Kay Bumguardner
LOCATION:
QUALIFICATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
Section 30, T6S, R91W; located
approximately 6 miles south of Silt
off County Rd. -33r3/(
The applicant has owned the land
for over 5 years.
The site is 183 acres. The
roposal is to divide the parcel
into two parcels of approximately
172 and 11 acres.
Spring
Existing septic
Off County Rd. and by way of an
existing access easement.
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD in all directions
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site sits in District C, Rural Areas with Minor Environmental
Constraints. The suggested density for District C is one dwelling
unit per 5 acres.
The following is taken from the Comprehensive Plan:
"Non-agricultural areas and non-productive cropland found within this
District shall be considered best able to absorb growth. Productive
cropland shall be considered least desirable for conversion to other
land uses." (Page 70)
II. DESCRIPTION OF THE PROPOSAL
Site Description: The site consists of a variety of land features.
Some steep slopes exist, however the majority of the property is
relatively flat or rolling hills. The property is currently used for
agricultural purposes. The site includes 2 houses and various
outbuildings and agricultural activities.
Project Description: The applicant wishes to divide a 183 acre parcel
into two parcels of 172 and 11 acres.
III.MAJOR ISSUES AND CONCERNS:
1. There is currently a spring which serves both proposed parcels.
This spring has been used by the owners of the parcel for many years.
However, there is currently no legal claim to this spring. The
applicant is in the process of filing a claim with the Division of
Water Resources.
2. Both proposed parcels are intended to remain in agricultural
production.
3. There is an existing access easement through an adjacent property
owners parcel to the two proposed parcels.
4. The proposal would not change the character of the existing
neighborhood.
5. The proposal is in general compliance with the Comprehensive Plan.
IV. FINDINGS
1. That the hearing 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
hearing.
2. That the proposed land use will be compatible with existing and
permitted land uses in all directions.
3. That for the above stated and other reasons, the proposed zoning
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 obtain a legal claim to the spring from the
Division of Water Resources prior to final approval.
2. That the applicant submit a plat to the Department of Development
for the two lots which includes:
A. Waterline and maintenance easements from the spring
to the larger parcel.
B. A written legal description of each parcel including
all easements. (road and water line and spring maintenance
easements)
C. The plat shall read Bumguardner Exemption and make
reference to the Resolution number approving the exemption.
D. The plat shall include a signature block for the County
Surveyor and Board of County Commissioners. This plat shall be
signed along with the Resolution of Approval for the exemption.
The plat shall be recorded in the Garfield County Clerk and
Recorder's office.
3. The deeds for the two parcels shall include the waterline and
maintenance easements for the spring as well as a description of
the road easement. These deeds shall be reviewed by the Garfield
County Attorney prior to final approval.
Two Hundred dollars shall be submitted to the Department of
Development for the school impact fee prior to final approval.
5. All conditions of approval must be met within 120 days of the
date of conditional approval.
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