HomeMy WebLinkAbout2.0 Staff Report BOCC 05.06.1991GARFIELD COUNTY COMMISSIONERS
AGENDA
May 5, 1991
lL:00 A Public Meeting for a Subdivision Exemption request forH.P. Williams Trust; Iocated off C.R. 138 in the CanyonCreek area.Applicant: Greg McKennis for H.p. Williams Trust
BOCC 5/ 6 /9L
REOUEST:
APPLICANT:
LOCATION:
SITE DATAI
WATER:
SEWER:
ACCESS:
EXISTTNG ZONING:
ADJACENT ZONING:
PROJECT TNF'ORJVIATION AND STAFF COMMENTS
An exemption from thedefinition of subdivision
Greg McKennis representing H.P.Williams Trust
A parcel located in the NE L/4of Section 35, T5S, R90W,approximately four (4) mileseast of New Cast1e off of
County Road 138.
The site consists of 73 acres.
Proposed two domestic wells.
r.s.D.s.
Private roadway off C.R. 138.
A/R/RD
A/R/RD, C/L
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District C, Rural Areas with MinorEnvi-ronmental Constraints and District E, Rural Areas withSevere-Moderate Environmental Constraints as identified on theGarfield County Comprehensive Plan Management Districts, Map.
rI. DESCRTPTION OF THE PROPOSAL
Sitg Description: The site is located on the north, orupslope side of C.R. 138. The property consists ofmoderate sroping hirlside and teaaing to a rerativeryfrat Tgsa- top. The property is covered primariry withpinon/juniper vegetation. There is a single tamilyresidence on the property. The property is tounded byB.L.M. l-ands to the north (see map on page_).
Proiqct Description: Adjacent land uses includeresidential uses and the Dry Dock across c.R. 139. Theappricants are proposing to divide the subject property
lrrlo four (4) parcels of approximately 25; 2Sr-15; and7.5 acres in size.
III. UAJOR ISSUES AND CONCERNS
1. staff has concerns that the subject properties may notquarify for the number of exempted paicers (2 into ?1 asproposed. According to the county Assessor,i officer'thesubject properties were a portion of a 100 acre parcer asrecently as l-987. A portion of this property was dividedthrough the exemption process in sefteriberr- 1992. Thisexemption created three (3) ne* parcels, two (2) on thesouth side of the county road and one (rl on'ttre northside of the county road.- The remainder'o'f the propertywas subsequentry divided into two additionar paicets oi35 and 37 acres respectively (see map on page_).
A.
B.
-l-
IV.
The question of whether there may be further exemptionsis complicated by the existence of the County roadbisecting the property. Section 8:52 states any parcelto be divided by exemption that is split by a publicright-of-way preventing joint use of the proposed tracts,and the division occurs along the right-of-wdy, suchparcels thereby created may not be considered to have
been created by exemption in regard to the four (4) lotlimit.Based on this provision, and staff'sinterpretation of this as one parcel, the subjectproperties would be subject to further exemption creating
one additi-onal parcel from the two 35* acre parcels.
2. The subject property is accessed by an existing drivelsayextending from C.R. 138 to the subject through aneighboring parcel. The applicants should demonstratethat this easement is properly dedicated for their futurelot buyers use prior to the approval of the plat.
3. The applicants are proposing to provide water to the fourlots from two domestic we1ls shared by two lots each. No
response from the Division of Water Resources has beenreceived to date. No reference to irrigation water was
made in the application.
4. Sewer service will be provided by I.S.D.S. Only Moderatesolid limitations are indicated by the SCS soils
information.
SUGGESTED FINDINGS
1. That proper posting and pubtic notice was provided asrequired for the meeting before the Board of County
Commissioners.
2. That the meeting before the Board of County Commissionerswas extensive and complete, that all pertinent facts,matters and issues were submitted and that all interestedparties 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 thecitizens of Garfield County.
RECOMMENDATION
Questions remain about the status of the property as itapplies for an exemption. staff recommends that a decision onthis application be deferred until the applicant candemonstrate to staff's satisfaction that the parcel doesqualify for the proposed exemption.
If the $oard is inclined to approve this application, thenstaff recommends that approvar be subject to the forrowingconditions:
l-. That arr representations of the appricant, either withinthe apprication or stated at the meeting before the Boardof county commissioners, shall be considered conditionsof approval.
2. That the applicant shall have 120 days to present a platto the commissioners for signature. Extensions of time
may be granted if requested prior to the expiration date.
3. That the forlowing prat notes be incruded on theExemption plat:
1) Each lot may be subject to engineered foundationsand septic systems.
v.
AD lrd
2)
3)
No further exemptions from the
subdivision shall be allowed.
Wildfire prevention guidelines ofColorado State Forester shallresidential site development.
definition of
the U.S.F.S. andbe observed in
L-[z-*--4)That easements for waterlines and for access and
maintenance of the proposed we1ls be included onthe Exemption PIat. In addition, each parcel shall
receive a deeded interest in the well(s).
That the applicant submit $200 in School Impactfees for the creation of each new lot.
The applicants shall demonstrate availability of
domestic water by providinq well permitS prigr tq t -'k *,ffi*#{ir-r+the approval of the plat and shall be recorded inconjunction with each deed conveying well
ownership.
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