HomeMy WebLinkAbout2.0 BOCC Staff Report 02.21.1996• •
BOCC 2/21/96
PROJECT INFORMATION AND STAFF COMMENTS
R IQU EST: An exemption from the definition of
subdivision.
APPLICANT: Arthur Barrows, Luann Peiffer
LOCATION:
A tract of land located in a portions of
Sections 31 and 32, T5S R91W of the 6th
PM; located approximately two (2) miles
northeast of Silt, off of CR 250.
SI"hE DATA: 60.0 acres
WATER: Individual wells
SEWER: ISDS
ACCESS: CR 250
EXISTING/ADJACENT ZONING: A/R/RD
I_ RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District A - Urban Area of Influence for the Town of Silt, as
designated on the Garfield County Comprehensive Plan Management Districts' Map.
II_ DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located north of Silt, in an area of rural residential
use, mixed in with an agricultural area. The applicants have their house on the
one of the proposed parcels. A vicinity map is shown on page` �• "
B.
Project Description: The applicant is proposing split the 60.0 acre parcel into
two (2) parcels of approximately 20.0 and 40.0 acrivA size. A site plan
submitted with the application is enclosed. (see pgs. )
III_ MAJOR ISSUES AND CONCERNS
A.
Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "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
B.
• •
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;
No docuunentation was submitted with the application shows that the tract in
question was recorded in the records of the Clerk and Recorders Office prior to
January 1973. The applicants are requesting the proposed split based on the fact
that the parcels are separated by the CR 250 right-of-way. Based on the right-
of-way criteria noted previously.
Zoning. All of the exemption parcels are consistent with the required two (2)
acres minimum lot size for the A/R/RD zone district.
C. Legal Access Both of the proposed parcels have direct access to C.R. 250. It
appears that the road is not dedicated to the County and included in the
ownership of the applicants. A 60 ft. right-of-way for CR 250 should be shown
on the plat and dedicated to the County.
D. Water and Sewer. The applicant is proposing to use existing domestic wells on
each parcel for the source of water to the existing houses. Each house also has
an approved ISD system too.
E.
Fire Protection. The applicant has had the Burning Mountains Fire Protection
District review the application and the Fire Chief has stated that the parcels in
question are within the District, but that the distance to the parcels will result in
possible slow response time. (See letter pr 1')
F. Easements. Any required easements (drainage, access, utilities, etc..) will be
required to be shown with legal descriptions on the exemption plat.
G. School Impact Fees The school impact fees were paid at the time of the building
permits being issued.
IV. ,SlJGGESTED 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_ R ECOM MENDATION
S taff can recommend approval of the proposed split, subject to the following conditions
of approval :
1. That all representations of the applicant, either within the application or stated
at the meeting before the Board of County Commissioners, shall be considered
conditions of approval, unless approved otherwise by the Board.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots and any proposed easements
for setbacks, drainage, irrigation, access or utilities. Additionally, a 60 ft. right-
of-way will be legally described and dedicated to the County on the plat, which
will require a dedication statement by the owners and an acceptance statement
for the Board of County Commissioners.
3. That the applicant shall have 120 days to present a plat to the Commissioners
for signature from the date of approval of the exemption.
4. Control of noxious weeds is the responsibility of the property owner.
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Board
Ross Talbott - Chairman
William Montover
Sean Mello
Tom Voight
Gordon Witzke
• 1
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Don Zordel - Chief
Stu Cerise - Assist. Chie!
December 15. 1995
To Whom It May Concern:
This is to inform you that the property at 2359 County Road 250, owned by Stan Barrows is within the
Burning Mountains Fire Protection District and we do provide lire protection to same. It should be noted
that the distance from the fire station makes response time slow.
Thank you,
7
Donald L. Zordel, Chief
Burning Mountains HD