HomeMy WebLinkAbout2.0 Staff Report BOCC 11.11.93qzl e_
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PROJECT INFORMATION AND STAFF COMMENTS
BOCC llntg3
An exemption from the delinition
subdivision.
Frontella - Julius, Inc.
A parcel of land located in a portion of
Section 9, T65, R92W of6th P.M.; Located
adjacent to the Town of SiIt, north of State
Highway 6 &,24.
4.37 Acres
Well
Proposed ISDS
Access Easement from6 &24
fuR/RD
North: A/R/RD
South: A/I
East: Town of Silt
West: A/R/RD
RFQUFST:
APPI ICANT:
r ocATroN:
STTF TATA:
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ACCFSS:
EXISTING ZONING:
ADJACIr.NT ZONTNG:
of
A.
RI?I ATIONSHIP TO TT]IF COMPREHT?NSIVF pr.AN
The site is located within the Town of Silt Urban,Area of Influence as designated on the
Garlield county comprehensive PIan Management Districts' Map.
Site rrescfrption' The parent parcel is a level tract of land adjacent to 6 &24,
currently operating as a fa.rm equipment sales and livestock auction yaxd.
rmprovements include offrce, shop auction barn, public parking, _equipment
parking and livestock corrals.fa riri"ity map is rho*o oiprg"Z'2?i .
Project r'tescription: The applicant is requesting an exemption to divide a4.37
acre paroel into two tracts of 2.382 and 2.315 acres in size. Resolution 85-32
approved an agricultural-related business for a farm equipment sales yard and
livestock auction barn, and the resolution was arnended to allow additional
-A{'
uses on the site (see Resolution Nos. 85-32 and 86-127 on pages
).
m. MAroR rssuFs Ahlrr CoNCERNS
Subdivision Regulations- Section 8.52 of the Garfield County Subdivision
Regulations state that "No mote than a total offour (4) lots, paruls, intetwts
or dwelling wits will b crcated from any parel, as that parel was d*riW in
the rpcords of the Gafield County clerk and Recorderb Otlie oa laauaqr 1,
1973, and is not a part of a rpcorded subdidsion; howeveq any parrel to be
dividd by exemption that is spttt by a pubtic right-ofrway (State or Fdaal
h igh vsy, County road or nilroad) or nat ural feat we, preten tingjoin t use of the
propod Uacts, aad the diuision wurc along the public righhof way or natunl
fature, such parels thercby aeated may, in the dircrctioa of the Board, aot be
coasidercd to haue bea aeated by exmptioa with rcgard to the fow (4) lot,
parrel, intercst or dwelling unit limitation otherwire applicable;
Records cited earlier indicate that approval of the request would be in direct
violationbfsection 8.52 ofthe Garfield County Subdivision Regulations, 1984
as amended.
Toning. All lots conform to the two (2) acre lot minimum lot size for the
A/RIRD zone district.
I ^gal Access. The applicant is proposing to access the exemption lot directly
from State Highway 6 &24.
C. Rackground: T\e\37 acreparcelwascreatedbyexemptionin l985(Resolution
85-182, ro p"g"r 3fl 3f ). The 1985 Exemption created two lots; the 4.37
acre parcel and a 7.50 acre parcel (11.87 acre parent parcel). The 11.87 acre
parcel was created in 1982, which created thrcq (3) parcels of 11.87, 10.52, and
.or i" size Gee Resolurion B2-lsoo pug.S.Jf-{lfJ
In stalPs opinion, the applicant is not eligible for any additional splits through
the exemption process. No physical features exist on the site to warrant a fifth
(5th) split on the parcel as it existed in 1973. Table I summarizes the splits that
have occurred on the property since the adoption of subdivision regulations in
Garfield County.
Table I
Frontella - Julius Inc. Exemption
History of Parcel
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Water and Sewer. The applicant has indicated that the additional parcel would
be served by well and ISDS. No information was included in the application
regarding additional well permits or necessary expansion of the existing ISDS
on the site. Staffhas referred the application to the State Engineer's Offrce for
review, and the State has not responded.
State and I ocal Health Standards. No State or Local health standards are
applicable to the application.
rrrainage. No drainage easements appear to benecessary, but should beverified
on the field by the applicant's surveyor.
Fire Protection. The Silt-New Castle Fire District has not responded to the
application. Staffsuggests that thls be a condition of approval.
Fqsements. The Final Exemption Plat must include acoess easements, water
easements (if necessary) and any easements necessary for drainage.
School Impact Fees. The additional lot is subject to the required S200.00 perlot
school impact fee.
Natural Hazards. Stalf referenced the Lincoln - Devore Laboratories Natural
Hazards Mapping for the site. The proposed exe,mption is not located within an
area of Soil, Slope, or Groundwater/Septic System constraints.
TV. SUGGFSTFN ITTNTIINGS
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 Commissiqners 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 exemption is not in
the bestinterest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
RECOMMFNDATION
Due to the clear violation of Section 8.52 of the Garfield County Subdivision
Regulations, staffcannotrecommendapproval oftheproposedsuMivisionexemption.
It is important to note that staff contacted the applicant on October 28, 1993 by
telephone, and offered to cancel the hearing and refund the application fee based on
non-compliance with Section 8.52. Stalf also informed the applicant that amending the
previous exemption (i.e. merge the .01 acre parcel and adjust lot lines) is a more cost-
effective method as opposed to the potential for the exemption being denied. The
applicant requested that the hearing continue.
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