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Home My WebLink About2.0 BOCC Staff Report 02.21.1996• • BOCC 2/21/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Susan Stephens Trant LOCATION: A tract of land located in a portion of Section 31, T5S R91W of the 6th PM; located approximately two (2) miles north of Silt and southeast of the intersection of CR 250 and CR 228. SITE DATA: 32.6 acres WATER: Individual wells SEWER: ISDS ACCESS: CR 250 and 228 EXISTING/ADJACENT ZONING: A/R/RD I_ RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District A - Urban Area of Influence for the Town of Silt, as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIP'T'ION OF THE PROPOSAL A. Site Description: The site is located north of Silt, in an area of rural residential use , mixed in with an agricultural area. The applicants have their ho on the one of the proposed parcels. A vicinity map is shown on page ... — B. Project Description: The applicant is proposing split the 32.6 acre parcel into two (2) parcels of approximately 6.0 and 26.6 acre ' in size. A site plan submitted with the application is enclosed. (see pgs.` • ) • • • III_ MAJOR ISSUES AND CONCERN] 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 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 been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; Documentation submitted with the application shows that the tract in question was recorded in the records of the Clerk and Recorders Office in September, 1960 in Book 330, Page 76, as a 126 acre tract of land. Since that time, the original tract has been split into three smaller tracts, of which the exempt tract is one. Since only three parcels have been exempted from the parcel since that time, there is one additional exemption parcel that can be requested. B. Zoning. All of the exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. C. Legal Access Both of the proposed parcels have access to C.R. 250 and the larger parcel has access to C.R. 228.. D. Water and Sewer. The applicant is proposing to use an existing domestic well for the source of water to the existing house. The applicants have purchased water from the West Divide Water Conservancy District to augment the domestic water supply for the proposed lot. The Board is now requiring applicant's to demonstrate that there is a physical source of water, as well as a legal, before any decision is made regarding the proposed exemption request.. Prior to making a decision, the applicants need to meet the following criteria for demonstrating the quality, quantity and dependability of the well proposed for the new lot: 1) A well be drilled and a 4 hour pump test shall be performed; 2) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; 4) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; 5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. • • Sewer will be provided by ISDS. Soils on the site are considered to have moderate constraints for conventional septic tanks and leach fields due to slow percolation. E. Building Constraints: The soils information submitted with the application indicates that buildings could be limited by soils, indicating moderate constraints due to shrink -swell potential. G. Fire Protection. The applicant has had the Burning Mountains Fire Protection District review the application and the Fire Chief has stated that the parcels in question are within the District. H. Easements. Any required easements (drainage, access, utilities, etc..) will be required to be shown with legal descriptions on the exemption plat. I. School Impact Fees The applicant will be required to pay a $200.00 school impact fee prior to the approval of the final plat for the new lot not having a residence on it. J. Potential Road Impact Fees: If or when the County adopts a road impact fee, the lots created by this exemption will be subject to paying that fee, paid at time of building permit application by the building permit applicant. This provision shall be included as a plat note. 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 Unless evidence is provided at the hearing demonstrating to the Board's satisfaction that there is evidence that a well can be successfully drilled on the property, the Board continue the meeting to a date certain, until the applicant has met the following criteria for the proposed well: 1) A well be drilled and a,14 hour pump test shall be performed; 2) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the A hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; 0. 3r 4) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; 5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. Once this information is provided, staffcan recommend approval of the proposed split, subject to the following conditions of approval : 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, unless approved otherwise by the Board. 2. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 3. That the applicant shall submit $200.00 in School Impact Fees for the creation new exemption parcel. 4. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of- way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. Additionally, the following plat notes shall be shown: "All new construction shall be consistent with Colorado State Forest Service wildfire prevention guidelines specified in the pamphlet "Wildfire Protection in Wildland Urban Interface"(C.S.F.S. #143-691)" " If or when the County adopts a road impact fee, the lots created by this exemption will be subject to paying that fee, paid at time of building permit application by the building permit applicant." 5. Control of noxious weeds is the responsibility of the property owner. ,;ti '/-0 Oyu / i'r� ,..4 /-,- ° r( .-,/,-)-i/r),,, 0 71-7 6,____ plAl , <S-21//3-- //', "fY? et -/20-Y3 i/-2 cf ,, 6, j 1e: 5 IL T T 2.j11 !-'__- #1 -et- 74a �c �e, /7 cAie.-// /0/3 A- "1 71) et- / S-74'44 0 ,4,--(5 a_ ,•�, p( A L�CI�f 74 aye �'-lrr�l /�'t L� • w // d / f'///GL"�) ' (7/1 (31 eta All ly s9S 1 N6lyL r, ' ,LH ,M 000 ' 113111 CI VW A1LINOM c \. \ It • y `)U1, 'I U i A tt II 1 1.1 ' 21^ (11 (1. 2 is C1 • C1C5ti124 W ii2a aware ANT Set is- AisfAe 1