The URL can be used to link to this page

Home My WebLink About2.0 BOCC Staff Report 04.17.1995REQUEST: APPLICANT: I,OCATION: BOCC 4/17/95 PROJECT INFORMATION & STAFF COMMENTS Exemption from the Definition of Subdivision Adair Rippy Located in a portion of Section 4, T6S, R91 W; more practically described as a parcel located approximately 1.5 miles southwest of New Castle, between I-70 and the Colorado River. SITE DATA: 18.48 acres WATER: Shared Well SEWER: Individual Sewage Disposal System (ISDS) ACCESS: I-70 Frontage Rd. ZONING: C/L ADJACENT ZONING: A/I I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The tract of land is located in District C, Rural Areas, Minor Environmental Constraints. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property consists of a single 18.89 acre parcel fronting I-70 between Silt and New Castle. Adjacent land uses include agricultural lands and low-densit single family residences. (see enclosed adjacent land use map on page • gf' ). The project is accessed by the south frontage road running parallel to I-70. Access to the frontage road is via an overpass at either New Castle or Silt. The existing use includes office, equipment storage, and a equipment workshop for the existing heavy construction equipment. B. Project Description: The applicant is proposing to split the 18.48 acre parcel in to four (4) parcels of approximately 4.62 acres each in size. (See map pg. S, ) The parcels will share a common well that produces 30 gpm and is adjudicated for municipal, industrial and domestic use. Each lot will utilize ISD systems for sewage disposal. • C. Background: The commercial use has been existence on the property for approximately thirty (30) years. The existing use is considered legally non- conforming due to its establishment prior to the implementation of zoning in this area. IIL_ MAJOR ISSUES AND CONCERNS 1. Subdivision. Section 8:10 (Applicability -Exemptions) states that the Board has discretionary authority to except a division of land from the definition of subdivision. Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, fire protection, adequate easements and school impact fees. In addition, Section 8.52 (A) states that 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 Garfield County Clerk and Recorder's Office on January 1, 1973, Records in the Clerk and Recorders Office indicate that the parcel has been its existing configuration since January, 1973, except for the merger of 1.4 acrewith an adjoining parcel as a part of court decree. A parcel merged with an adjoining parcel does not count toward the maximum number exemption parcels allowed. Therefore up to four (4) parcels can be created through the exemption process. 2. Zoning: All lots far exceed the minimum lot size requirements of 7,500 for the Commercial/Limited (C/L) zone district. The existing structures appear to be consistent with respect to setbacks for the C/L zone district. The proposed plan shows a 25 ft. setback off of the frontage road. The frontage roads along I-70 have always been classified as arterial roads and as such are required to have a 50 ft. setback. The plat show the 50 ft. setback. The proposed protective covenants mentions pre-existing mobile homes as being exempt from the temporary structures restriction. Staff is not aware of any nonconforming mobile home spaces. If there are nonconforming spaces on the property, the applicant needs to document the history of the units and there location prior to the plat being approved. 3. Water: The applicant received approval for three (3) wells for irrigation, municipal, domestic, fire protection, industrial and recreation use in court case no. 82CW145. The application was referred to the Division of Water Resources, but no comment has been received to date. 4. Sewage: Sewage is proposed to be handled by ISDS. All commercial ISDS are required to be engineered systems and are only allowed to treat biodegradable waste. Any nonbiodegradable waste has to be kept in a nondischarging tank and transported to a facility capable of handling the waste. The following plat note should be on the plat and included in the proposed declaration of protective covenants: 'All lots are subject to the requirement ofengineered wastewater systems. At the time of building Permit Application for future structures, proof will be required • • by a licensed Colorado Engineer regarding specific waste wa ter system needs on each lot." 5. Fire Protection. The application states that the Burning Mountain Fire District has reviewed the proposed split and have no objection. There is no letter from the District making that statement. IV. SUGGESTED FINDINGS 1. The proposal is in general compliance with the Garfield County Comprehensive Plan and the Garfield County Zoning Regulations. 2. The proposed land use would be consistent and compatible with the existing surrounding land uses. 3. The proposal is in best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION APPROVAL, subject to the following conditions: (11 77 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. A Final Exemption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to created, access to a public right-of-way, and any proposed •easeme for • drainage, irrition, access or utilities. -- '" / ' ,f ; - �•'. �4 !�-�w-� /it "-. nom L 4. Verif on from the Division of ater Resource at the water supply�,,�d� vir7 approved in Case No. 82CW 145 is consistent with the proposal needs toreceived/� • prior to approv3l�f a Final ExeTption Plat. res �� 5. The following plat note shall appear on the final plat and included in the proposed protective covenants: 1. All the lots are subject to the requirement of engineered wastewater systems. At the time of building permit application for future structures, proof will be required by a licensed Colorado Engineer regarding specific wastewater s stem needs on each lot, d ` / Weed control is the responsibility of the property owner. If there are nonconforming mobile home spaces on the property, proof of the nonconforming status needs to be provided to the Planning Department priox to th approval of the exemption /plat. H -HCS-F l :-H S -F)41 T 2179-011-00-529 Adjoining 2125 PEACH VALLEY MINOR SUBDIVISION EXEMPTION �2S-F)4 2179-131-00-338 I h1 F;I 3NY7 (dl. dOs C'S0oOdo S! IN.DM3SY 107 b'Y-'a ONY 3015 Nr .00IV/ /+ S;•cv Z9'Y a 10t'C1 11wi. %N C .470' 99Z n Ob -/+ lr z94- L3V y I N O 0 ,RO.9Z5 .00'l45 /+ .ZZ,V v Z97, LVL �ti:r=sem !Vf.Nie7 JW .=9YNI?dG:..Lf:w' 7 .00'6rf V 1✓Vd1 , 1 N 1 1d'S