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HomeMy WebLinkAbout2.0 BOCC Staff Report 2.21.96• BOCC 2/21196 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTfNG/ADJACENT ZONING: An exemption from the definition of subdivision . August and Warren Jewell, Ruth Elder A tract of land located in a portions of Sections 22, 27 & 28, T5S R92W of the 6th PM; located approximately four (4) miles nort heast of Rifle 524 .05 acres Farmers Irragation Ditch ISDS CR 259 NR/RD L RELATIONSHIP IO THE COMPREHENSIVE PLAN The site is located in District D -Rural Areas -Moderate Environmental Constraints, as designated on the Garfield County Comprehe nsive Plan Management Districts' Map. IL DESCRIM'JON OF TflE PROPOSAL A. Site Description: The site is located northwest of Silt, in an area of rural residential use, mixed in with an agricultural area. The applicants h~ their houses on the proposed parcels . A vicinity map is shown on page-" • . B. Project Description: The applicants are proposing split the 534 .05 acre tract into four (4) parcels of approximately 10.0, 10 .0, 20.0 and 494.05 acres in size . The application would actually only create two new parcels, one of the 10.0 acre tracts and the 484 .05 acre tract. Two o f the parcels are 5.0 acre parcels created previously by exemption and the applicants want to increase the size ofSe parcels. A site plan submitted with th e application is enclosed. (see pgS. • _) ~I- • 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 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 di vision 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. c. D. Documentation submitted with the application shows that the tract in question was recorded in the records of the Clerk and Recorders Office in December of 1951 in Book 262, Page 225, as a 534.05 acre tract of land. Since that time, the original tract has been split into two smaller tracts and the original tract. Since only three parcels have been exempted from the tract since that time, there is one additional exemption parcel that can be requested. Zoning. All of the exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. Legal Access All of the proposed parce ls have access to C.R. 259 via an access easement across the larger tract of land . The access easement to all parcels will have to be legally described on any plat approved by the Board. Water and Sewer. The applicants are proposing to useexjsting cisterns, supplied by Farmers Irragation Ditch water.(See certificate pg.._Tlfthe Board accepts these as the source of water, any resolution of approval should make it very clear that the approval is in no way based on a domestic well approval and no approval of a domestic well in the future should be based on the Board's approval of the exemption. Additionally, an adequate number of shares need to be committed to each parcel of land . Sewer is provided by ISDS to the existing systems. Soils on the site are considered to have modern te constrain ts for conventional septic tan ks and leach fields due to slow percolation. E . Building Constraints: The soils information submitted with the application indicates that buildings could be limited by soils, indicating moderate constraints due to shrink-swell potential. G. Fire Protection . The applicant has had the Rifle Fire Protection District reviewed the application and the Fire Chief has stated that the parcels in question are within the District. (See letter p{. ~) H. Easements. Any required easements (drainage , access, utilities, etc .. ) will be required to be shown with legal descriptions on the exemption plat. I. School Impact Fees No school impact fees will be required, since all of the houses are already existing. 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 C ounty Commiss ioners was extensive and complete, that all pertinent facts, matte rs and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other re a s ons, 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 Staff can recommend approval oft he propose d 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, a legally described access easement from each parcel to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation , acce ss or utilities and the following plat note: "All lots are approved based on the us e of cisterns supplie d by water from the Farmers Irragation Company and th a t the Board of County Commissioners is not approving the propose d splits for exempt wells ." 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.