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Home My WebLink About2.0 Staff Report BOCC 09.14.98Lo**'' PROJECT INT'ORMATION AI\ID STAFF COMMENTS ['V" 'i JD\ r"Ir J,,/ A A., REQUEST: APPLICANT: LOCATTON: SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: BOCC 9lt4l9E An exemption from the definition of subdivision. Harry and Rhonda Naugle A tract of land located ino Section 25, T65 R95W of the 6th P.M.; 16605 Hwy. 6, Rifle, north of I-70 at the Rulison interchange. 6.89 Acres Well, with cistern storage ISDS Rulison Road R/L, Resource Land RELATIONSHIP TO THE COMPREHENSTVE PLAN The site for the exempted lots is located in Rulison Industrial Park as designated by the 1984 Garfield County Comprehensive Plan's Proposed Land Use Districts. The proposal, as a residential use, is in conflict with the intent on the Plan, which is to develop areas dong interchanges as commercial and industrial uses. The Plan further identifies several performance standards, which impact directly on the proposal as a residential use, they are as follows: a. Water and Fire Facilities: This section identifies the potential for inadequate water pressure resulting in fire hazards, and, a lack of water capacity for adequate water service. -t- tr.DESCRIPTION OF THE PROPOSAL applicant should be aware that all water, wastewater, mitigation measures must be undertaken. MAJOR ISSUES AND CONCERNS Site Description: The site is located at the I-70 Rulison interchange on the north-west side ofthe i,igh*uy, seven miles east of parachute. The proposed 6.89 acre tract has I-70 along ttri so,rttr side of the proposed lot and is accessed via Rulison Road. The lot is geitly sloping to the ,outh, and vegetated by scrub, sage and other dryland grasses and brushes. (See location map on plat.) Project Description: The parent tract of land to be subdMded consists of 248'22 u.r.r, and the proposal calis for creating a total ofone (l) parcel of6'89 acres and onr (t; purr.i consisting of 241.33 acres. (See proposed plat.). Access will be directly oif Ruilson Road-for the smaller parcel, with an access easement crossing the smaller parcel to access the larger parcel- The application indicates that it is the applicants intent to seek re-zoning of the property following exemption to a commerci al zone. The applicant intends to operate un ugrirultural support business. If this course of action is to be undertaken, the A. B. circulation, fire and other B. C. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations statis that "No more thqn a total of four (4) lots, parcels, interests or awZmng units will be createdfrom any parcel, as that parcel was described in the recordiof the GarfieldCounty-ClerkwrdRecorder's Office on Jarruary l, 1973, and is not a- part of- a recorded subdivision; however, any parcel to be divided by exemptioi that is split by a public right-of-way (State or Federal higlrwry, County ,ooa'* railrud) ir naturatfeantrq preventingioint use of the proposed tracts, and the division occurs along the publii right-of'way or naturalfeature, wch par-cels 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 ; " The property is a portion of multiple tracts conveyed in 1964. The 248 parcel was divided bV Hory AUZq and later Uy i-ZO. One exemption parcel has been recorded in lgg3. The proposed exemption meets the requirements of the Subdivision Regulations. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. Legal Access: Legal access will be provided by Rulison Road. The access easement u"-rr the smaller parcel has been previously recorded as the I-70 access easement. The application includes two drivlway access permits issued to the applicant by -,, CDOT. Water and Sewer: The applicant is proposing the use of an existing well located on the larger lot , that provides domestic water to the existing house. The well provides 5.5 gpm, as tested in 1993. The applicant proposes to provide water to the smaller lot from a 1000 gallon cistern whicli will be supplied from a domestic water source. Prior to the approval of an exemption plat, the applicant will need to demonstrate that the water system for the smaller lot can meet the following criteria: 1) The applicant shall provide a service contract which guarantees a continuous water delivery service supply, with an assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water Per Person, Per daY; 2) The cistern and water quality over time, shall be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. E. Sewer: The existing house has an Individual Sewage Disposal System that is functioning presently. The remaining lot has adequate area for an ISDS. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Department of Health ISDS setback standards, which should be verified by an engineer, as suggested by the previous plat note. Drainage: The parcel to be created by exemption, has an existing drainage easement locatedalong the northeastern boarder of the property and is identified on the plat as the I-70 drainage easement. Fire Protection: The applicant has included a letter from the Grand Valley Fire Protection District, who noted that the property is in the district and can be served. They reserve the right to comment on any future development proposals. Easements. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption Plat. School Impact Fees The applicant will be required to pay the $200.00 school site acquisition fee for the newly created lot, prior to the approval of the final plat. D. F. G. T. I. Iv.SUGGESTED FINDINGS -3- v. 2. 3. 1. 2. l.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 atthat 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. RECOMMENDATION Staffrecommends APPROVAL, with the following conditions of approval: 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 ofapproval. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area ofthe proposed lot,25 ft. wide access to a public right- of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. That the applicant shall have 120 days to present a platto the Commissioners for signature from the date of approval of the exemption. That the applicant shall submit $200.00 in School Site Acquisition Fees for the creation of the exemption parcel. That the following plat note shall appear on the Final Exemption Plat: "Control of noxious weeds is the responsibility of the property owner." 'One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owners property boundaries. " 'No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One (l) new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances". J- 4. 5. -{- "All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". 6.Prior to the approval of an exemption p the applicant will demonstrate that the exemption lot water system will meet following: The applicant s I provide a service contract which guarantees a1) continuous average or delivery service supply, with an assumption of an less than 3.5 people per dwelling unit, using 100 gallons of per person, per day; The c and water quality over time, shall be tested by an meet State guidelines concerningtesting laboratory and 2) \nztt elnar*\ aytrt v FI"+ *5-