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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.07.1993• �xF} -EEteaF 17_, p5 EXi • — STAFF BOCC 6/7/93 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision APPLICANT: Richard Morgan / Kenda Spaulding LOCATION: The exemption parcel is located in Section 13, T7S, R92W of 6th P.M.; Located on the west side of County Road 313, approximately 8.25 miles southwest of the Town of Silt. SITE DATA: 328 acres (parent parcel) WATER: Additional Well Permit SEWER: I.S.D.S. ACCESS: Access road from County Road 313 EXISTING/ADJACENT ZONING: A/R/RD I_ RELATIONSH ' TO THE COMPREHENSIVE PLAN The site is located in District C - Rural Areas / Minor Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. II_ DESCRIPTION OF THE PROPOSAL A. Site Description: The exemption parcel is bordered on the west by East Divide Creek, and on the east by County Road 313 (East Divide Creek Road), $ .2s southwest of the Town of Silt. The parcel is relatively flat, and is dominated by s(ofnative grasses, typical of historic agricultural land. The parent parcel includes an existing single story house and several outbuildings associated with the agricultural uses on the land. A vicinity map is attached on page . Adjacent land uses include irrigated agricultural land and single family residential uses (see land use map on page's ). B. Project Descritp ion: The applicant is requesting an exemption to split the 328 acre parcel into two (2) tracts of five (5) and 323 acres. Since the 323 acre parcel exceeds 35 acres in size, only the five (5) acre tract is considered an exemption 1 • parcel. The applicant has submitted a sketch plan indicating the proposed split. The exemption parcel includes a deeded easement shown on the plat. The approximate location of the exemption parcel is shown on the vicinity m (see page • 1 • ). The applicant's cover letter is shown on pages 30 . 111_ MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield 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 Garfield County clerk and Recorder's Office on January 1, 1973, and is not a part ofa 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 orrailroad) ornaturalfealure, preventing joint use ofthe proposed tracts, and the division occurs along thepublicright-of- way ornatural feature, such parcels 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; B. Records in the Garfield County Assessor's Office indicate that the parcel consisted of 328 acres at least to 1953 (Book 267, Page 434). Therefore, up to four (4) parcels may be created through the exemption process. Zoning. The exemption parcel is consistent with the two (2) acre lot minimum lot size for the A/R/RD zone district, and the existing residence meets all setback requirements. Legal Access. No access easements are necessary for the exemption parcel, however a driveway permit from County Road 313, if necessary, will be required prior to the signing of a final plat. D. Water and Sewer. The applicant intends on drilling an additional well on the property to serve the exemption parcel. No response has been received from the State Engineer's Office. Sewage disposal for the exemption parcel is ISDS. The Soil Survey for the Rifle Area (Soil Conservation Service, 1977) classifies the soils on the site to include Red Loam. This soil type is considered to present only slight or moderate constraints to ISDS systems, and can be addressed by proper design. E. State and Local Health Standards. No State or Local health standards are applicable to the application. F. Drainage. No drainage easements appear to be necessary due to the relative flat profile of the parent parcel. G. Fire Protection. No response has been received from the Silt Fire Protection District. H. Easements. No easements for access are necessary due to the adjacent County road. 2 i • I. School Impact Fees. The additional lot is subject to the required $200.00 per lot school impact fee. J. Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site, which indicated that the site is not in an area of Soil, Slope, or Groundwater/Septic System constraints. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. 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. 3. 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. V. RECOMMENDATION Staff recommends APPROVAL of the application, subject to the following conditions: 1. 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. 2. 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 be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature. Extensions of time may be granted if requested prior to the expiration date. 4. That the applicant submit $200 in School Impact Fees for the creation of each new lot. A driveway permit from County Road 313 shall be obtained from the Road and Bridge Department prior to the issuance of a building permit. 6. Control of noxious weeds is the responsibility of the property owner. 7. Prior to signing of an exemption plat, a letter of approval will be submitted from the Silt Fire Protection District. 8. Prior to signing of an exemption plat, a letter from the State Engineer's Office regarding adequate and legal supply of domestic water must be received by the Planning Department. 3 iN S , OF 1RSES; IE1/4 VICINITY. MAP scAIX:` e , ZnOQ'::. II r• u ii r ?I • C. _ `I. 9 Alf r, 1 • 12 fr UBJEci_PRoPEit:;,' i.J Simi ng OTES PAgett .r LEGAL DESCRIPTION OF ORIGINAL TRACT OF LAND . FROM WHICH .THIS0� ' EXE�IP,TION IS MADE IS RECORDED IN GARF1ELb COUNTY COLORADO RECORDS pA IN BOOK 880 PAGE 407. : BASIS OF BEARING ESTABLISHED FROM PREVIOUS SURVEY AS BEING S 891.2'21' W BETWEEN THE E1./4 CORNER. AND C1/4 CORNER OF SECTION 13, BOTH CORNERS ARE GARF1ELD COUNTY SURVEYOR'S BRASS CAPS. COUNTY SURVEYOR'S CERTIFICATE APPROVED FOR CONTENT AND FORM, ONLY AND NOT THE ACCURACY OF SURVEYS, CALCULATIONS OR DRAFTING. PURSUANT TO C.R.S. 1973, 38-51-101 AND 102. (REVISED) r-� (105) LAKs cU L—ry _ Iz�$I t TI4L 2 2399-193-0U-092 19 McRC414 (LiL4c1 LAt1D USS