HomeMy WebLinkAbout2.0 Staff Report BOCC 4.17.00BOCC 04n7tm
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST:A request for a Plat Amendment to adjust two (2)
lot lines between three (3) adjacent properties.
APPLICANT:Lyon Land and Cattle Co., LLC.
LOCATION:A tract of land located in the NWI/4SWL14 of
Section 4, Township 6South, Range 92 West of the
P.M. Tracts 39,41, and42,Antlers Orchard.
Approximately I mile northwest of Silt on County
Road229 (Inconectly labeled as County Road 216
on the submitted plat).
EXISTING ZONING:AgriculturallResidentiallRural Density (A/R/RD).
I, INTRODUCTION:
The applicant, Lyon Land and Cattle Co., LLC, is requesting a Plat Amendment to adjust
two (2) lot lines between three (3) adjacent lots to produce more equally sized tracts
(tracts 39,41and42),
II. DESCRIPTION OF T}IE PROPOSAL:
The proposal is for an Amended Plat to adjust two (2) lot lines between three (3)
adjacent lots so that the existing subject tracts 39,41, and 42 will me more equal in lot
area.
Currently, existing Tract 39 is a very small piece of property adjacent to County Road
229 as shown in the northeast portion of the submitted plan. In its current configuration it
is less than the minimum 2.0 acres required by its zoning of AIR/RD. Existing Tract 42 is
a large piece of land directly south of existing Tract 39, and adjacent to County Road
229. Existing Tract 41 is to the west of existing Tract 42 and access is available via the
right-of-way offof County Road 229 alongthe south of existing Tract 42 as depicted on
the submitted plan.
Access to existing Tracts 39, and 42 is available directly offof County Road 229 \Ntththe
approval of a driveway road permit.
Proposed Tracts 398,41B, and42B are as depicted on the submitted plan, being 3.669
1
acres,4.311 acres and 3.016 acres in size respectively. Proposed Tracts 39B,41B and
428 ue proposed to be accessed via an easement across proposed Tracts 398 and42B
off of County Road 229.
By increasing Tract 39 to 3.669 acres it will come into compliance with the underlying
zoning requirement of a minimum of two (2) acres.
ru SUBDIMSION REGULATIONS:
6:00 Amended and Corrected Plats
6:10 An amendment moy be made to a recorded plat, if such amendment does not
increase the number of subdivision lots or dwelling units, result in the major relocation
of a road or add new roads...Any proposed amended plat that does not have an approved
Preliminary Plan to verify the atnsistency with the proposed amendetl plut or that results
in the relocation of property lines between more than two (2) adjacent properties, shall
be subject to the/bllowing standards...:
A. All Garfield County zoning requirements will be met;
B. All lots createdwill have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained;
C. Provision has been made for an adequate source of water in terms of both the
legal and physical quality, quantity and dependabtltty, and a suitable type of
sewage disposal to serve each proposed lot;
D. All state and local environmentul health and sufety requirements have been met
or are in the process of being met;
E. Provision has been made for arry required road or storm drainage improvements;
F. Fire prolection has been approved by the appropriatefire district;
G. Any necessary drainage, irrigation or utility easements hwe been obtained or are
in the process of being obtained; and
H. School fees, taxes and special assessments have been paid.
This applied for Amended Plat does add a new road as depicted on the submitted plan.
However, by complying with all of the above listed requirements A through H and
building the new road to County Road standards, the intent of the Amended Plat
Regulations, Section 6:00 will be met. Thus, this application is being processed as an
Amended Plat.
Since this application proposes the relocation of property lines between more than two
(2) adjacent properties, in this case three (3) adjacent properties, the above listed
standards A through H must be adhered to as a requirement of approval. The following
are staff s response to the above listed standards:
As discussed below, in the section labeled GarFreld County ZorungResolution,
2
A.
B.
this application is in compliance with the County ZoningResolution. In fact, this
application will bring lot 39 into compliance with the Zoning Resolution with
regard to minimum lot size.
All proposed Tracts will have access to County Road 229 viathe proposed access
road depicted on the submitted plan. Since these lots are part of an existing
subdivision, this proposed road will be a public road and as such will be granted
to the public with the recording of this plat (see county commissioners
certificate). Thus, this road will have to be given a name for addressing purposes
and this name must be included on any Final Plat to be recorded. Further, since
this road will be publicly dedicated, the proposed tract boundaries will have to
end at the outside edge of the forty foot (40') right-of-way, and not go to the
middle of the right-of-way as depicted on the submitted Amended Plat. This will
have to be corrected for any Final Plat to be recorded. This will change the lot
acreages ofall proposed lots, and as such, new accurate lot acreages will have to
be included on any Final Plat to be recorded. An access permit will have to be
obtained from Garfield County Road and Bridge before the recording of any Final
Plat. As per the comments received from Road and Bridge (See p. 9), "some
brush cutting will be needed... we would ask the applicant to move the fence
(along County Road 229)to the Right-of Way line." A Home Owners Association
must be formed and include in its by-laws, a road management plan which will
ensure the proposed road will be maintained year-round. A Subdivision
Improvements Agreement will have to be entered into at the time of Final Plat
recording ensuring all improvements will be completed. Finally, County Road
229 is depicted as County Road 216 onthe submitted plat. This is incorrect and
will have to be corrected and be labeled as County Road 229 on any Final Plat to
be recorded.
Water is to be provided to each tract through individual wells on each tract. Since
these original tracts were created previous to 1972 and no new lots are being
created, individual well permits on each tract should not be a concem based on
conversations with the Division of Water Resources. As such, well permits tbr
each tract will have to be obtained before Final Plat recording. However,
adequate quantity and quality of water still needs to be determined. To do this, all
physical water supplies (all three proposed individual wells) must demonstate
the following prior to the signing of the Final Plat:
That a four (a) hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the
characteristics of the acquifer and the static water level;
The results of the four (a) hour pump test indicating the pump rate in
gallons per minute and information showing drawdown and recharge;
A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day,
C
1
2
3
4
5
J
If the well is to be shared, a legal, well sharing declaration which
discusses all easements and costs associated with the operation and
maintenance of the system and how assessments will be made for these
costs;
The water quality tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
Each lot will have an individual sewage disposal system (ISDS). Please see letter
D below.
As a condition of approval of this plat amendment, the Colorado Department of
Public Health and Environment setback standards with reference to ISDSs will
apply.
As per letter B above, an access permit will have to be obtained from Garfield
County Road and Bridge. In addition, the proposed access road will have to meet
county road standards, being, Section 9:35 of the Subdivision Regulations for a
semi-primitive road. This includes, but is not limited to, a minimum forty foot
(40') right-of-way, an eight foot (8') lane width in each direction, two foot (2')
shoulder width on each side, and a four foot (4) ditch width on each side.
A letter dated February 21,2000, (See p. 8) was received from the Burning
Mountains Fire Protection District which states, "I see no problems with fire
protection at this site. It should be noted at this time fire response will be delayed
due to distance from fire stations.
As a condition of approval of this Amended Plat, all existing drainage, inigation
and utility easements and/or right-of-ways must be maintained as they currently
exist and be depicted on any Final Plat to be recorded.
Since no new lots are being created, no school fees will need to be paid. All taxes
and special assessments are paid up-to-date.
rV RELATIONSHIP TO T}M COMPRE}IENSIVE PLAN
This application is in compliance with the Garfield County Comprehensive Plan, 1984,
as amended.
GARFIELD COUNTY ZONING RESOLUTION:
The subj ect properties are zoned Agricultural/ResidentiallRural Density (A/R/RD).
Section 3. 0 2 A/IUHD - Agr icultural/Res ident ial/Rural Dens ity :
Minimum Lol Area: Two (2) acres.
The Amended Plat will result in the proposed properties retaining a minimum lot area of
at least two (2) acres, and will bring existing lot 39 into compliance with the minimum
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6
7
D
E.
F
G.
H.
v
required lot area of two (2) acres.
This application is in compliance with the Garfield County ZoningResolution of 1978,
as amended.
VI OT}IER ISSUES:
The applicant should be aware that any lien holders of the subject properties will have to
sign the Amended Plat to be recorded.
VII. $UGGESTEDFINDINGS:
I 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.
That for the above stated and other reasons, the proposed Amended Plat is in the
best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
That the application is in conformance with the Garfield County Zoning
Resolution of 1978, as amended.
That the application is in conformance with the Garfield County Subdivision
Regulations of 1984, as amended.
2
3.
4
That the application is in conformance with the Garfield County Comprehensive
Plan of 1984, as amended.
VIII RECOMMENDATION
Staffrecommends APPROVAL of the applied for Amended Plat with the following
conditions to be met for Final Plat recording:
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.
The proposed road access must be named and labeled as such on any Final Plat.
The name must be accepted by Garfield County.
The proposed tracts must be changed so that their boundaries end at the outside
edge of the proposed forty foot (40') access right-of-way, and not go to the middle
ofthe proposed access road.
5
I
2.
J
5
4
5
Accurate acreages for the proposed tracts will have to be labeled on the Final Plat
to reflect the change in acreage due to condition number three (3) above.
An access pennit for the proposed access road must be obtained from Road and
Bridge. As per Road and Bridges comments, some brush cutting will be required,
and the applicant will have to move the fence along County Road 229 to the right-
of-way line.
A Home Owner's Association must be formed and include in its by-laws, a road
management plan which will ensure the proposed access road will be maintained
year-round.
A Subdivision Improvements Agreement must be entered into to ensure all
necessary improvements are completed.
County Road 229 must be labeled as such and not as County Road 216.
Well permits must be obtained for each proposed tract (Tracts 39B,418 and
42H-).
All physical water supplies (all three proposed individual wells) must
demonstrate the following prior to the signing of the Final Plat:
That a four (4) hour pump test be performed on the well to be used;
A well completion report demonstrating the depth of the well, the
characteristics of the acquifer and the static water level;
The results of the four (a) hour pump test indicating the pump rate in
gallons per minute and information showing drawdown and recharge;
A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
An assumption of an average of no less than 3.5 people per dwelling unit,
using 100 gallons of water per person, per day;
If the well is to be shared, a legal, well sharing declaration which
discusses all easements and costs associated with the operation and
maintenance of the system and how assessments will be made tbr these
costs;
The water quality tested by an independent testing laboratory and meet
State guidelines concerning bacteria and nitrates.
The Colorado Department of Public Health and Environment setback standards
with reference to ISDSs will apply.
The proposed access road will have to meet county road standards, being, Section
6
6.
7
8
9
10
1.
2,
3.
4.
5.
6.
7
l1
12.
13.
14.
9:35 of the Subdivision Regulations for a semi-primitive road. This includes, but
is not limited to, a minimum forty foot (40') right-of-way, an eight foot (8') lane
width in each direction, two foot (2') shoulder width on each side, and a four foot
(4') ditch width on each side.
All existing drainage, irrigation and utility easements and/or right-of-ways must
be maintained as they currently exist and be depicted on any Final Plat to be
recorded.
A plat of an approved or conditionally approved Amended Plat shall be presented
to the Board for signature within 120 days of approval, unless extended by the
Board. The plat shall include a legal description of the Amended Plat, and County
Commissioners's Certificate. The plat shall be recorded with the County Clerk
and Recorder no later than thirty (30) days after the Chairman's signature. The
chairman of the Board of county commissioners shall not sign a plat of a
conditionally approved Amended Plat until all conditions of approval have been
complied with.
7
A3/96/2OAA O7z3O
Board
Rqr Trlbort . C'lrri rmanlc Montover
Notru Brcrrn
Tom \hi3ht
Robcrr Suphcn
9749842'"g\)
TA-BOTT ENTERPRISES PAGE 02
Don Zordcl. Oftf
Stu Ccrisc . Assist. C}icf
,- ,XECEIVED I,AR 0 A mrn{R o 6 2gP Burning Mountains
Fire Protection District
5033 County Road 33S #410
New Castle, CO 8116/T
Fcbrurry 21,2W
RE: LYON LAl.lD AND CATTLE, L.L.c. pETmroN roR A}rENrxDpLAT
TO WHOM IT MAY CONCERN:
I o- Pioblqll3 with fitG poteoirn * thic site. It should bc notod at rhis tfunc 6rc rcrpolrse will
be dclayed due to distrrcc from fire stationr.
Dondd L.?ildrtrafu-lt
ChkfBunEng FPD
{
o4l1il26gA 23:37 6258627
REGBVEBAPRO62OM
ROAD AND BRIDGE PAGE g2
tulemo
?ot Jefi l*auien - PtannirB d€partnent
Frcm:Tom Rugsell
Drtb: O4/E1D
Rrl Antlss Ordtard Subrlivisim
We have rBvie$€d Ure Arilera Orcfrsd Subcfvieim platt. Evstdfrirp lookr good. Th€
Road ard Bri@ Depdrnent will requio a dirrer*ay permit that wif adckess
Drdnage, Sile Distarrce- (Some bnrshctrffiing willneed b be done)
\ft'e uould ask he applicant to more the f6nce to the RBhtdWay line.
?
Garfield Countv Road
& Bridge
o PilEl