HomeMy WebLinkAbout2.0 BOCC Staff Report 09.09.1985• •
BOCC 9/9/85
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: For Exemption from the Definition
of Subdivision
APPLICANT: Humbert J. Gamba
LOCATION:
A tract of land situated in Lot 2
and the SW 1/4 NE 1/4, Section 5,
T6S, R91W; approximately 2 miles
west of New Castle off of County
Road 214.
SITE DATA: Tne site consists of approximately
36 acres.
WATER: Proposed cistern and existing well.
SEWER: Proposed and existing individual
sewage disposal system.
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
Tne site is located in District C, Rural Areas with Minor
Environmental Constraints, as indicated on the Garfield County
Comprehensive Plan Management District Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is generally level with some moderate
slopes on tne northern most portion of the lot. An existing home
with several sheds is located on the property. The majority of
the site is maintained in lawns and gardens and cultivated
farmland. Surrounding land uses are mainly single family
residential and agriculture.
B. Project Description: The applicant proposes to split the 36 acre
tract into two parcels of 25 acres and 11 acres each.
III.MAJOR ISSUES AND CONCERNS
1. Tne applicant's proposed split of the property is for
agricultural purposes witn no immediate residential development
anticipated. (See letter, page 6 ).
2. An existing well currently serves tne dwelling unit located on
the proposed 11 acre lot, while a cistern is proposed as the
domestic source of water for any future residential development
of the 25 acre lot.
3. The applicant does not desire to share the existing well between
the two parcels, although it may, be an option. Approval by the
County of a new lot witnout a well permit or any rights to one
may place the Division of Water Resources in the position of
having to issue an exempt domestic well permit.
4. Each parcel snould receive a proportional snare of all irrigation
ditch rights.
5. The parcel is presently divided by County Rd. 214. The proposed
split corresponds with this natural division.
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
APPROVAL, pending the determination by the Board of County
Commissioners that the proposed source of domestic water constitutes a
legal and adequate water source for both parcels, and with the
following conditions:
1. That a plat note be included stating that the Division of Water
Resources has not issued, or agreed to issue, a well permit on
the 25 acre lot.
2. Each parcel shall receive a deeded, proportional share of all
irrigation ditch rignts.
3. A $200.00 School Impact fee be paid prior to final approval.
4. All representations of the applicant, either within the
application or stated at the hearing before the Board of County
Commissioners, snail be considered conditions of approval.
If the proposed sources, of domestic water is riot considered legal and
equate by, the Bard of County Commissioners, the Staff
Re ommendat1Or is APPROVAL, replacing Condition 1. with the ollowing
con tions.
1. a)\„ That the plicant s •mit an approved well ermit for\each
lot;,,,or deed s ficient in -rest in he existin well to the
newly created to , provided hat the well is appy ed to serve
two dwe ling unit
b) Easem'e
shared well
it
is for
shall be
terlines an access an maintenance of any
chided on the exemptio plat.
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