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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.16.1986REQUEST: APPLICANT: LOCATION: SITE DATA: • • BOCC 6/16/86 PROJECT INFORMATION AND STAFF COMMENTS Public Meeting for SB 35 Exemption Request Bill and Helen Davis A parcel of land located in Lots 1, 2 and 3, Section 30, T5S, R90W, approximately 1/2 mile north of New Castle off of County Rd. 245. The site consists of a 107 acre parcel. WATER: Town of New Castle SEWER: Individual Sewage Disposal System ACCESS: Private Drive off of County Rd. 245 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD and Town of New Castle I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in the New Castle Urban Area of Influence as designated on the Comprehensive Plan's Management District Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located in a rural, residential portion of the County, with land uses on the site and surrounding it including ranching and single family residences. The proposed new lot is separated from the remainder of the parcel, by its elevation along a ridge and an irrigation ditch. The proposed lot is unsuitable for agriculture due to the inability to irrigate it based on it's elevation. B. Project Description: The applicant proposed to divide the 107 acre parcel into two lots of approximately 104 acres and 3 acres. C. History: The only previous subdivision activity on the site was the creation of 4 new lots approximately 2, 2, 2, and 6 acres in size in 1980 by SB 35 Exemption. Three of the four new lots and the original parcel are developed with single family dwellings and accessory uses. III.MAJOR ISSUES AND CONCERNS 1. The Town of New Castle has received information on the proposal. No comments have been received other than statements that New Castle can provide water service to the site. 2. Section 8.52 of the Garfield County Subdivision Regulations limits the number of lots to be created out of the parcel since 1973 to 4 total lots. (See page 3 ). The applicant has created 5 lots, with the currently proposed lot being the 6th that would be created since 1973. • • 3. Section 8.52 does provide for exceptions for/lots that are split by public right-of-ways or natural feat r s which prevent joint use of the proposed tracts. The applicants have addressed the issue of the number of lots created in their application. (See page ). In addition, the proposed lot may qualify for exemption due to it's separation from the remainder of the site by elevation and slopes. 4. Easements should be shown on the Exemption Plat for the private access drive and for water lines. 5. Soils information on the site indicates the potential for severe limitation to both septic systems and residential construction. Site specific design and engineering may be required. IV. SUGGESTED FINDINGS 1. The 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 APPROVAL, subject to the determination by the Board of County Commissioners that the proposed lot qualifies for exemption based on Section 8.52 of the Subdivision Regulations, division by a natural feature, and the following conditions: 1. That the following plat notes be included on the recorded Exemption Plat: a) No further divisions by exemption from the definition of subdivision will be allowed. b) That all irrigation ditches and easements be recognized and maintained as existing and in place. c) Each lot may be subject to engineered foundations and septic systems. d) Each lot shall be required to submit a detailed soils study with the building permit application to determine if engineered foundations and septic systems will be required. 2. That easements for the private access drive and for water lines be shown on the Exemption Plat. 3. That School Impact fees in the amount of $200 per lot be paid for the creation of one new lot. 4. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. ai(Vct., Jrrkins' CoJa s 4 Oki 1K4L Is IN C014+0witu_ _.2 — • • F. Narrative explaining why exemption is being requested; and G. It shall be demonstrated that the parcel existed, as described on January 1, 1973, or the parcel, as it exists presently, is one (1) of not more than three (3) parcels created from a larger parcel, as it existed on January 1, 1973. 8:50 REVIEW CRITERIA 8:51 8:52 An application for exemption must satisfy, at a minimum, all of the review criteria listed in Section 8:52. Compliance with the review criteria, however, does not ensure exemption. The Board may also consider the additional factors listed in Section 8:60, and the applicability standard of Section 8:10, to determine whether the exemption, in the Board's discretion, shall be .approved or denied. The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: A. 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; B. All Garfield County zoning requirements will be met; C. 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; D. 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; E. All state and local environmental health and safety requirements have been met or are in the process of being met; F. Provision has been made for any required road or storm drainage improvements; G. Fire protection has been approved by the appropriate fire district; H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and 8-3 New Castle, Colorado May 13, 1986 Board of County Commissioners of Garfield County, Colorado 109 8th St. Glenwood Springs, Colorado Gentlemen: Re the enclosed petition for exemption on property of Bill and Helen Davis at New Castle, Colorado, we are enclosing map showing legal description, topographic map, copy of deed, names and address of adjoining land owners, with no other owners within 200 ft. of proposed exemtpion, and a check for $100.00 Alan and Diane Allen, who desire the home site have commitments from town of New Castle for water supply and fire protection, but we do not have a copy of the commitments, but will have them to you if the exemption is allowed. They have made arrangements for the road to the house site and the easement will be included in the survey of the property. The land we are requesting exemption for is a mesa above the Coryell ditch, which we irrigate out of. Since it is above the ditch it cannot be irrigated without pumping, it has never been farmed and irrigated, so might as well be a home site. In regard to Item I on the petition, there are 3 homes and one building site on the property as it was on January 1, 1973. Two homes and one home site belong to our three children, whose land it partly was, anyway, so we consider that we have created only one parcel other than as it existed on January 1, 1973, other than family owners. The only parcel that took any pasture land is the one we sold to Darrel and Joan Bond. The other parcels, including this request for exemption is on land that was not suitable even for pasture. We appreciate your consideration for this exemption. Respectfully submitted, Bill and Helen Davis Garfield Planning Suite 303 109 8th St. Glenwood Springs, Dear Sir; • Department Colorado • New Castle, Colorado May 28, 1986 -772 JUN 21986 GARFIELD COUNTY In reply to your letter of May 23 concerning the exemption, perhaps it would be well for you and whoever needs to see the proposed lot to come look at it. I will attempt to draw a free hand map showing the Coryell ditch, the location of the proposed lot, the land that can be irrigated from the ditch, which does not include the proposed lot, and adjoining land owners' property. Alan Allen or we will have the letters concerning water and fire protection as soon as they are prepared, hopefully by Friday, May 30. L -L Single blue line indicates Coryell ditch. Double blue line county to property. Green lines indicate irrigated land. Red indicates proposed lot androad and el land not irrigated because of being above the ditch. Thank you for your consideration. Sinerely, TOWN OF NEW CASTLE 'Burning Mountain' 1888 May 30, 1986 Teiephone 984-2311 Box 166 New Castle, Colorado 81647 Garfield County Commissioners 109 8th St., Suite 300 Glenwood Springs, CO 81601 Sirs, On behalf of the New Castle/Silt Fire Protection District, we are writing to inform you that the land Alan Allen is purchasing is within our fire protection district and we will respond to any call on his premises. Sincerely, ttael C. . A Mi hael Riciards (on behalf of David Mann - New Castle Fire Chief) 'Burning Mountain' 1888 May 30, 1986 TOWN OF NEW CASTLE Teiephone 984-2311 Box 166 New Castle, Colorado 81647 Garfield County Commissioners 109 8th St., Suite 300 Glenwood Springs, CO 81601 Sirs, I understand Mr. Alan Allen owns property immediately north of the New Castle water storage tank. This is to notify you that the Town of New Castle will provide Mr. Allen with a water tap upon proper payments. Sincerely, 'fatv Jack Yates Town Administrator