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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.13.1984• BOCC 8/13/84 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: For a S. B. Exemption APPLICANT: Rollin and Dan n aEstes LOCATION: Section 10 T 6S R 93 W; located approximately 1/4 mile east of Rifle off Colorado Road 294. (!.,C t,~ SITE DATA: The site is approximately 10 acres in size and is proposed to be divided into two 5 acres parcels. WATER: SEWER: ACCESS: Existing Rifle City water and proposed use of spring rights. Existing and proposed individual sewage disposal system. Off Go ~~ Road 294 onto a private 25' access drive. EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD in all directions I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site sits within the Rifle Urban Area of Influence on the Comprehensive Plan management district map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site sits to the south of Colorado Road 294 off of an existing access drive. The site is 10 acres in size and is relatively level open ground, slightly sloping to the southwest. There are several existing structures on one of the proposed 5 acre parcels. These structures include a house and a large garage. There are several old vehicles and pieces of equipment scattered around the 10 acre parcel. B. Project Description: The applicants propose to divide a 10 acre parcel into two 5 acre parcels. The southerly proposed 5 acre parcel has existing septic and city water. The proposal is to supply the proposed northerly 5 acre parcel with water rights to an off site spring and to install an individual sewage disposal system. History: In 1978, Mr. Fred Johnson, a previous owner of the 10 acre site, obtained an exemption for the 10 acre tract to be separated from his surrounding 53+ acres. However, it appears that this exemption was unnecessary because the 10 acre parcel was created as a separate 10 acre parcel prior to 1948 when Mr. Johnson purchased it in a tax sale. Since that time it has been held in a separate ownership from the surrounding property. (See memo Pg. /~ ) Thus, the 10 acre parcel has been a separate 10 acre parcel since 1948 with no splits having taken place on it since that time. -/D- • III.MAJOR ISSUES AND CONCERNS A. Review Agency Comments: 1. City of Rifle -the City of Rifle has indicated that they will serve the proposed 5 acre parcel with water when a need is demonstrated. They will not committ to supplying water until that time. B. Staff Comments: 1. The County Environmental Health Office has indicated that he has no objections to the proposed use of an individual sewage disposal system on the proposed lot. 2. The two proposed 5 acre parcels are accessed off of Colorado Road 294 by way of an existing 25' wide access easement conveyed with the 10 acre parcel. 3. The proposed 5 acre parcel to the north, if approved, will be subject to an access easement through the parcel to allow access to the southern 5 acre parcel. The actual road is currently in place and serves as the applicants driveway. In addition, the deeds to both 5 acre parcels should include the 25' access easement from the county road to the parcels. 4. The applicants have been deeded .25 CFS of water rights to an off site spring. A waterline easement to this spring was also deeded to the applicants when they purchased the 10 acres in 1978. This information has been sent to the Division of Water Resources to be reviewed as a domestic water supply for the proposed 5 acre parcel. The City of Rifle has indicated that they would serve the 5 acre lot with city water only after a need has been demonstrated. 5. There are several suitable building sites located on the proposed northerly 5 acre parcel. IV.SUGGESTED 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 hea l th, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V.RECOMMENDATION Approval of the S. B. 35 exemption request with the following conditions: '1 1. ~~\\?\'6~ Q That the applicants receive approval from the Division of Water Resources concerning the proposed use of the off site spring for domestic purposes to serve the northerly 5 acre parcel. That a plat be prepared to be recorded in the clerk's records office. This plat shall be submitted to the planning section prior to final approval. The plat shall include the following: -I I - 4 • • A. A signature block for the County surveyor and a signature block for the Chairman of the Board of Commissioners. B . The plat shall show all easements, including access road, ditch utility and waterline easements. C . The plat shall make reference to the resolution number of approval for the exemption. D. Separate legal description for each parcel including the 25' access easement from the county road to each parcel , as well as all other easements. A written legal description of each lot including all easements. A two hundred dollar ($200.00) school impact fee be paid to the County prior to final approval. That the applicants have 120 days from the date of conditional approval to meet all conditions. -12 -