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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.08.1988REQUEST: APPLICANT: LOCATION: • • BOCC 02/08/88 PROJECT INFORMATION AND STAFF COMMENTS Exemption from the Definition of Subdivision Walter Huber A parcel of land situated in the NE 1/4 NW 1/4 and SE 1/4 NW 1/4, Section 25, T5S, R91W, approximately one mile north of New Castle, off County Road 245 SITE DATA: The site consists of a 19.34 acre parcel WATER: One shared well and one individual domestic well SEWER: Individual Sewage Disposal Systems ACCESS: Existing private drive and access easement EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District F, river/flood plain severe environmental constraints, and the New Castle Urban Area of Influence, as designated on the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is fairly level and lies between County Road 245 and East Elk Creek. Improvements on the site include one single-family residence and a barn. Land uses on the site and in the vicinity are primarily single-family residential and agriculture/ranching. B. Project Description: The applicant proposes to divide the 19.34 acre tract into two parcels, approximately 9 acres and 10 acres in size. C. History: The 19.34 acre tract was originally 1 of 4 parcels created by exemption granted to Sidney Miller in 1978 (Res. 78-16). Since 1978, the other three parcels have been subdivided several times by exemption and full subdivision review, creating a total of 8 lots out of the original tract. III. MAJOR ISSUES AND CONCERNS 1. The application has been referred to the Town of New Castle, with no comments received at this time. 1 • 2. Soil Conservation Service information indicates severe limitations for dwellings and septic systems due to shrink -swell and low strength soils, flooding potential, and slow permeability. 3. East Elk Creek forms the western boundary for the site, portions of which are located in the 100 Year Flood Plain, as designated on FEMA Flood Plain mapping. 4. The creation of 8 parcels, including Mr. Huber's property, out of the original Sidney Miller property as it existed in 1973, exceeds the 4 splits allowed by exemption, in accordance with the Garfield County Subdivision Regulations. 5. The applicant is proposing to split the property along a drainage ditch which runs through the property. Section 8.52 of the Garfield County Subdivision Regulations establishes the limits on the number of lots to be created by exemption, but does allow for additional lot splits based on a "natural feature, preventing joint use of the proposed tracts." (See Page 6. The applicant has represented that the drainage ditch is for overflow from the New Castle Water System. Previous exemptions granted under this provision have involved more significant natural features, including streams, steep slopes, and large drainage gulches. 7. The applicant has submitted copies of one well permit and verbally represented that he has shared rights to an adjoining well. Verification of these additional water rights should be submitted. IV. SUGGESTED FINDINGS 1. The 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, subject to the determination by the Board of County Commissioners that the proposed lot qualifies for exemption based on Section 8.52 of the Subdivision Regulations, division by a natural feature, and the following conditions: 1. That the following plat notes be included on the recorded Exemption Plat: a) No further divisions by exemption from the definition of subdivision will be allowed. b) Each lot may be subject to engineered foundations and septic systems. c) Portions of the site are subject to 100 Year Flood Plains. Any structures or improvements on the site are required to comply with the Garfield County Flood Plain Regulations. 2. That access easements be included on the plat, providing access for both parcels, or additional driveway access permits be obtained from the County Road and Bridge Department. 3. That verification of additional water rights to serve a second lot with domestic water be submitted. Should easements be necessary or already in existence for access and maintenance of a shared well, they shall be included on the plat. 4. That the proposed division shall occur along the natural feature, in accordance with Section 8.52 of the Garfield County Subdivision Regulations. 5. That School Impact fees, in the amount of $200 per lot, be paid for the creation of one new lot. 6. 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.