HomeMy WebLinkAbout2.0 Staff Report BOCC 1.15.96a o
BOCC t/15/96
PRO.IEC'I' INFORMATION AND STAFF COMMENTS
IIEOTIES'I-:An exernption fi-om the definition of
subclivision.
APPt,ICAN'I'Levy E. Burris, Jr
I,OCA-I'ION:A tract of lancl located in Section 17, T65,
It92W ol'the 6th P.M., north of CR 346;
approxinrately 1.5 miles southwest of Silt.
SITE DATA:26 acres
WATER Well
SDWER:InclividLraI sewage disposal systenrs (f SDS)
ACCESS:Direct access to CR 346 (Rifle-Silt Road)
G ZONING:Alt
ADJACEN'I' ZONING:Nofth - East - West. A/l
SoLrth: A/R/RD
I. IIBI,ATIONSIIIP TO TIIE COMPREHENSIVB I'I,AN
The subject property is located in District D - RLrral AreasAvloclerate Environmental
Constrarnts as clesigrrated by the Garlield CoLrnty Compreliensive Plan's Management Districts
Map.
II. DBSCRIPTION O .I'TI O PROPOSA I,
A Site Description: The 26 acre proper-ty is located south of Interstate 70 and north o1'
CIt 346, approximately 1.5 miles soLrthwest ol'Silt. The property lies within the
Colorado River Valley anc'l a portion ol'the designatecl tlooclplain runs through the
noftltern portion of the tract. The Last Chance irrigation ditch splits the property into
nortlrerrr ancl southern sectious. See vicinity map, I)age _5_
{c[jaoent Lanil ljses: Land uses in the area are predorninantly agricultural; however,
the area is transitioning Ii'orn agricullure to single fumily resiclential.
Proposal: 'fhe applicant intencls to divide, by exernption, a26 acre tract into fbur (4)
parcels of 2.0, 2 0,6 9 and 16.2 acres each, rnore or less. An existing, single family
residence wor.rlcl occupy the 6.9 acre parcel and the remaining parcels yould
eventtrally be developecl as single fhrriily hornesites. See sketch nrap, page _6_
Iiistory of the Parcel: 'fhe sLrbject property was originally part of a larger, 680 acre
tract that was split into two (2) parcels by CR 346, creating a 600 acre parcel and an
80 acre parcel. ln 1977, the 80 acre parcel was later divided by a condemnation
process, obtaining a right-of-way fbr Interstate 70 This created the subject tract of
larrd consisting of approximately 26 acres, which, clue to the right-of:way splits,
appears to be eligible for the creation of Lrp to fbur (4) additional parcels. The
applicant pLrrcltasecl tlre property not knorving that the proper-ty was not legally
createcl ancl, in an eflbrt to secure a water supply (well) lbr the 26 acre tract, the
applicant requested an exemption, whiclr was approved (ResolLrtion 92-009).
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B
C
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III. M SII
A ub
Regulati
dwellirry
racord.;
t.\ nol o
e xciltplt
t'ttatl rtr
lhe tlivi.s
lhereby ct
creolctl by
litnihliott
The appl
see pages
question
1973, by t
conclernn
dernonst
been gra
with Secti
B. loning:
lnlnlmUln
nrininrum
C Water: T
water I
pages ,
the app
the Divis
occurrecl i
At a mini
D Sewer:
method fbr
(FIeldt cl
carry mocl
(Heldt cla
recomnl
E
witliin the
Staff reco
devel
and engine
F Access. All
approval ol
ol an
G
Protection
letter, page
susceptible
preventton,
increase tlre
sources of
a o
CE
Section 8.52 of the Garfield County Subdivision
states that "No mtn'c thun u totul of Jour (4) lot.t,\turcel.s, inlere.sr.v or
tit.t'will be ct'aoted.frutm utt1,1rurccl, us'rhul parcel ylcrs c{e^ycribecl irt the
(iat"'/ialtl(lottttl.lt (llcrk curcl lleutrcler's olJicc otr .lcumar.y r, r973, und
I ty''u recrrtlad strbtlivisiur; howcver, ony purcel lo be tlivicled by
lfurl is' split hy u public right-of-v,cry (Stote or lietlcral hi3;hwa1t, County
lxntl) or tmlttrul.fcohrra, preverttittg.loirtr tr.se o/ the prr4tosetl tracts, and
occut'.\' ulortg lhc publit: t'ight-of-tvtty rtr rruttrru!.f'ealtre, such porcel.s.
nru_1t, i11 lhe discrelion oflhe Roarel, not bc cut.yidercd lo have beert
r tt,ith rcgut'tl to thc.fitttt' (4) lot, pcrrcel, intere.yt or clwelling unit
lhe ny isc uppl i co b Ia ; "
t has sLrbrlitted deeds and a narrative discussi ng the exemption request,
n
It appears that, given the history of the parcel, tl"te26 acres in
as part of an approxirlately 80 acre parcel, created prior to January l,
coLrnty Road 346 Row. ln l9l7 , the sLrbject parcel was created by the
ron process that procurecl a Row fbr l-70. The applicant lias
, through nlrrrerous disoLrssions, that no other splits or exernptions have
prior to this application Therefbre, it appears this request is consistent
8:52 of the Subdivision Regulations.
subject property is within the A/l zone clistrict which specifies a
ot size ol'two (2) acres. AII proposed lots are consistent with this
qLllrelnent
applicant has appliecl to the west Divide water conservancy District for
racts that woLrld provide a legal source of water. See applications on
Upon issuance olthese contracts, it is staffs r-rnderstanding that
can exchange these contracts fbr household use only well perrlits fi-om
n of water ltesources. Although this arrangement is regal and has
the past, staff cannot comrnent on an adequate, physical water surpply.
m, staff reconrmends a plat note be inclLrded to adclress this issue.
applicant intends to use individual sewage disposal systems as the
treatnlen[ According to the Soil conservation Service, soils on-site
loam; olney loarn) are typically deep and well-dr-ainecl, however, they
te to severe ratings for the rrse of septic tanks. Aclditionally, the soils
loarn) are identifiecl as having severe shrink-swell potentials. Staff
a plat note to acldress these lir-nitations.
It appears the northern half of the property i
tst
esignated floodplain of the Colorado River, see map, page
rnends a plat note indicate this limitation ancl that any
on the proper-ty will be subject to County flooclltlain regr_rlatio
ing if any cleveloprnent is proposed fbr the floodplain area.
s contained
_+#,
ns, surveys
lots rvoulcl have clirect access to County Road 346 ancl staflrecommends
ounty Roacl and Elridge fbr the additional driveways, prior to submittal
ion plat.
The applicant has sr-rbrnitted a letter fi-om the Br-rrning Mountains Fire
ndicating fire protection would continue to the new lots, see
Although this properly is not within an area that is dangeror-rsly
tt
wildfire hazarcl, staflstill recommencls that a plat note address wildfire
especially due to the presence of both I-70 and cR 346 which could
ikelihood o1' brush lires caused by sparks, cigarettes or other introduced
tton
r-Z -
IJ
ditch and
access, rtti
ool I
$200, lor
J
created by
permlt ap
inclucled
IV..I'ED F
'l'hat p
the Board
2 That the
conrplete,
interested
t That lor
interest of
the citize
V M IVIE I)
Stafl' recclrnrnends
That all re
nreeting b
of approva
2 A Final E
property,
and any
.,That the a
signatu re,
extensions
4 T'hat tlre
creatlon
5. That the
"Soil c
lounclation
shall dete
"T'he
appropnate
The met
Guidelines
determine
builcling e
"The app
denronstra
requirecl t
dernonstra
o o
It will be necessary to clesignate easements for the Last Chance irrigation
the irrigatiorr purnp line. Additionally, all otlier easements, (drainage,
ities, etc.) will be recluired to be shown on an exernption plat.
The applicant will be reqLrirecl to pay school irnpact f'ees of
ch lot createcl by this exernptiorr
Irn If or when the County adopts a road irnpact fee, the lots
this exernption will be subject to paying that f'ee; paid at tirne of building
lication, paid by the building pernrit applicant This provision shall be
a plat note.
t)
posting and public notice was proviclecl as reqLrired fbr the rneeting before
Cotr lrty Courrnissioners
ng befbre the Board of County Comrnissioners was extensive and
that all pertinent fhcts, rnatters ancl issues were subrnitted and that all
arties were heard at that rneeting
above statecl ancl other reasons, the proposed exemption is in the best
he health, saf'ety, morals, convenience, order, prosperity and welfare of
ol'Garfleld CoLrnty
AI'PROVA[, ol'the application, pursuant to the following conditions
tions of the applicant, either within the application or stated at the
re the Boarcl of county Cornrnissioners, shall be considered conditions
ernl;tion Plat shall be sLrbmitted, indicating the legal description of the
ension ancl area of the proposed [ots, access to a pr-rblic right-of-way,
secl easenrents for setbacks, drainage, irrigation, access or utilities
plicant shall have 120 days to present a plat to the Comrnissioners for
om the clate of approval ol the exernption. The Board rnay grant
1'up to one (l) year 1l'orn the original clate of approval
plicant shall submit $200.00, per lot, in School Lnpact Fees for the
all exernption parcels
lowing plat notes be inclrrdecl
ons on the site rnay require engineered septic systerns and building
Site specihc percolation tests at the tirne of building permit submittal
ne specific ISDS needs on the site "
m defbnsible space distance shall be 30 fbet on level terrain, plus
odification to recognize the increased rate of fire spread at sloped sites.
ogy described in "Determining Safety Zone Dimensions, wildfrre Safety
Rural Horneowners," (coloraclo State Forest Service) shall be usecr to
ble space recluirements fbr the required def'ensible space witliin
opes rn areas exceeding five (5) percent grade."
of this exernption ancl the lots created was made withoLrt the
n of an adequate, physical water supply to sen/e the lots. It will be
, at time of building pennit subrlittal, tlre builcling perrnit appricant
to the county Planning Department that adequate legal and physical
-3 u
o
water in terms of quality, q,antity and clependability exists.,,
"Upon adoption of road irnpact fees by the Board of County Commissioners, the lots
createcl by this exetnption shall be subject to paying the fees, paicl at time of building
perrnit application, paid by the building permit applicant."
"Pofiions of tlris property lie within the designated floodplain of the Colorado River.If any developrnent is proposecl for the area within the designated flooclplain, it will
be sLrbject to applicable County, State anci Fecleral review and permitting.',
1 The control olnoxious weecls shall be the responsibility of the landowner.
8 The applicant shall receive any necessary clriveway perrnits, fbr each lot createcl, frorn
the Cotrnty Roacl ancl Ilridge Departrnent, prior to signing of an exemption plat
n
fou*,rrr, ret /n fo t A. 9'
ffrtu*c f^'o( l'flfiK r"^
o
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