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.
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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.
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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:
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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:
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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.
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