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Home My WebLink About2.0 Staff Report BOCC 12.19.94REQUEST: APPLICANT: LOCATION: SITE DATA: IIATER: SEITER: ACCESS: EXISTING/ADTACENT ZONING: BOCC IADD4 An exemption from the definition of subdivision. Jim Mazuchi A tract of land located in the SE l/4, Section 2 ard the NEl/4, Section 11, T65, R92W: more practically described as a parcel located approximately one (l) mile east of Silt at the intersection of U.S. 6 &24 and Davis Point Rd.. 63 acres Wells ISDS StateHwy.6&24 A/R/RD PROJECT INFORMATTON AND STAFF COMMENTS I RELATIONSHTP TO TTTF COMPREHENSIVE PT ^N The site is located in District A - Silt Urban Area of Influence, as designated on the Garfreld County Comprehensive Plan Management Districts' Map. NFSCRTPTION OF THE PROPOSAL Site rrercrifrtion: The site is known as Davis Point , just east of Silt. The parcel has some severe slope constraints on tbe southern half of the property, with slopes in excess of qiyr(See map p{.-J ' >. Presently there are no structures ontheproperty. Therearetwo ditch/canals crossing thesouthern portion ofthe property from the west to the east. The predominant vegetation is sage, pinon and juniper. Project Dercrrfrtion: The applicant is proposing to split the 63 acre parcel into four (4) parcels of approximately 43.0,10.0, 5.0 and 5.0 acres in size. A sketch plan submitted with the application is shown on the previously noted map. A. B. .2 l- L Access to lots 3,4 and 5 will be provided by a 30 ft. easement off of U.S. 6 & 24. Lot I access is proposed to be directly offof U.S.6 &24. Three lots will share a well and the fourth lot would have its own well. Atl lots would have individual sewage disposal systems. III. MAJOR ISSUES AND CONCERNS Subdivision Regulations. Section 8.52 of the Garlreld 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 Garflreld County clerk and Recorder's Offrce on January l, 197 3, 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 ben created by exemption with regard to the four (4) lot, parcel, interest el dr,ilslling unit limitation otherwise applicable"; No pre 1973 deeds were submitted with the application. Based on records in the Assessor's Offrce, the parcel existed as a 63 acre parcel in 1966. The proposed exemption would create four (4) separate parcels. - ,ing. All of the exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. I ^gal Access. The parent parcel is accessed direcfly from U.S.6 & 24. The existing easement is 30 ft. wide and goes right by an existing house on an adjoining parcel and would provide ac@ss to three of the four proposed lots. The present roadway has grades in excess of l4o/o, btt it appears that the applicant is proposing to move it, to reduce the grade. The Garfield County suMivision regulations classifies a road serving 3 to l0 residential lots as a semi- primitive road that cannot have a grade in excess of l4Yo. The applicant should dernonstrate that the proposed roadway will not exceed the l4o/o grade maximum prior to any approval by the Board. Lot I has a proposed ac@ss offof Hwy. 6 &24, but there is no approved access permit from the State. Any approval should be contingent upon submittal of an approved highway access permit from the State Department of Transportation. Water and Sewer. The applicant proposes to serve three(3) of the parcels with a single well (See application pg? 6- ). There is no proof of another permit to provide water to the fourth parcel. Staff would suggest that a favorable response from the State be a condition of approval. If the shared well is approved, a 10 ft. wide mainterance and repair easement to each lot from a 20 ft. square easement around the well to each lot being served by the well. Sewerwill beprovided by ISDS. Soils on the site areconsidered to have severe constraints for conventional septic tanks and leach fields due to slope and large stones. Stalf would suggest that aplat note be used to address this constraint. A. B. C. D. ? ZJD E.Conformance with Section 5.04.02 - Development Limitations Based on Lot Slope. Section 5.04.02of the Garlreld County Zoning Resolution excludes land whose original and undisturbed slope is or was in excess of 40 percent (40W from meeting minimum lot size (2 acres). Section 2.02.36 defines lot slope as follows: . "The gradient of or configuration of the undisturbed land surface of a lot or building site which shall be established by measuring the ma:rimum number of feet in elevation gained or lost over each one hundred (100) feet or fraction thereof measured horizontally in any dkection between opposing lines; the relationship of elevation or vertical measurement as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term lot slope". The important point in relating the application to lot slope calculations include the following: The applicant is requesting the minimum lot size allowed within the A/R/RD zone district; In order to be consistent with minimum lot size requirements, the applicant must comply with the section of the regulations addressing slope and minimum lot size. Section 5.04.02 requires at least one (l) acre of land in each lot to be less than 40 percent slopes. Based on the topographis 4nalysis, Staffhas concems about lots I and 2meeting the requirements for at least one acre of land with slopes less than 40o/o . The applicant needs to demonstrate that there is at least one acre of land in the same area,that is less than 40o/o . 1. 2. F. G. l. Fire Protection. The site is located within the Burning Mountains Fire Protection District (See letter pE' ?- ). School Imfract Fees The applicant will be required to pay the $200.00 per lot impact fee prior to the approval of any exemption plat. TV. SUGGFSTED FTNNINGS That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard attbat meeting. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 3- 2. Y.RECOMMENDATION Thatthe Boardcontinue the public meeting to a date certain, to allow the applicant to address the following issues: The applicant submit documentation provided by a registered suryeyor, strowing that lots I and 2have at least one acre of land in a single area on each lot with slopeslessthar.40o/oandisphysically accessible without signifrcant hillside cuts. Approved well permits or a letter of approval from the State Division of Water Resources, dernonstrating a legal and adequate source of domestic water suffrcient to meet the needs of the proposed lots. An approved driveway permit from the State Departrnent ofTransportation for lot I should be presented to the Board. l. 2. 3. 4. Eur(r*<^ a{&-t--- a/'4r7*/ al m**+1 €Asrzt -r4l d €-^/dts /t/c-'u - g, /J,u/ aXrturt-,-/ 6or-, '/irtJt 4' -6a'tvzhi ' +- fr.,-"& ,l/, /r&."*' tC fl*y ,-+2- 4-,q, zdt-, f/6f,1-/ JAN I 2 t99S I EE EE E -= HgX it E :;p.:$iaaglEe; HHii6Ei-sir'=:s -a- "\\ I i,\il('**'. NiN\ .\ 4il'i\^y ,l, { t/ ,// /* i,l,w t\\'.1 lrulrrrtrlrrH