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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.01.1994BOCC 8/1/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: An exemption from the definition of subdivision Barton Porter A parcel of land located in a Section 12, T6S, R91 W; Located approximately two (2) miles southeast of New Castle, off of County Road 314. SITE DATA: 6.15 acres WATER: Well SEWER: I.S.D.S. ACCESS: County Road 314 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD L RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District E - Rural Areas Severe Moderate Environmental Constraints as shown on the Garfield County Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject parcel is located south of County Road 314, and is currently undeveloped and in native vegetation. The property is bounded on the south side by Alkali Creek and on the north side by County Road 314. The applicant's house is located on a portion of the property and a mobile home on another portion. At one time the property had a feed lot on it for 700 head. B. Project Description: The applicant is proposing to split the 6.15 acre parcel into three (3) parcels of a proximately 2.0 acres in size each. The applicant's cover letter is on page on The applicant proposed to use an existing well to supply the three proposed lots with water. III. MAJOR ISSUES AND CONCERNS 1. Subdivision Regulations. Section 8:52 of the Garfield County Subdivision Regulations state that "No more than a total of four (4) lots, parcels, interests e2A • • 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; The subject parent parcel was given to the applicant by his father in 1972, (Book 430, Page 136). As such, the parcel qualifies for an exemption to be able to create the three proposed parcels. 2. Zoning. The parcels exceed the required two (2) acres minimum lot size for the A/R/RD zone district. There is no identified floodplain for that section of Alkali Creek,so any new structures will have to be 30 feet from normal high water. 3. Water. Water will be provided by an existing well that presently serves two (2) dwellings. The applicant has applied to the Division of Water Resources for expanded use of the well for three (3) dwellings. A copy of the amended permit needs to be submitted prior to approval of the plat. The exemption plat also needs to show an access and maintenance easement at least 20 ft. square around the well, with a water line access and maintenance easement at least 10 ft. wide to each lot, from the well. Additionally, covenants need to be drawn up and recorded, giving each lot owner a one-third (1/3) interest in the well and describing how each party will be responsible for their proportionate share of the repair and maintenance costs. Any restrictions on the well permit need to be incorporated into the covenants, i.e., household use only, with no outside irrigation. 4. Fire Protection. No letter has been received from the Burning Mountain Fire Protection District regarding service to this area. 5. Soils. The SCS soil interpretation report indicates slight to moderate constraints for ISDS and dwellings. The applicant's cover letter does raise one concern based on a recent issue in New Castle. A house had to be removed from its lot due to gases and settling that may be from an old feedlot on the property. The EPA required the developer to do a Toxicity Characteristic Leaking Procedure (TCLP). At a minimum, the plat should contain a plat note stating that at one time there was a feedlot on the property and any residential construction in the area of the feedlot should take that into consideration before designing any buildings. 6. School Impact Fees. The applicant will be required to pay a $200.00 impact fee for each new lot created, prior to final plat approval 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. • 1 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 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 unless otherwise stated by the applicant. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lot, access to a public right-of- way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. Additionally, a legally described maintenance and repair easement 20 ft. square around the well and a 10 ft. wide waterline maintenance and repair easement shall be shown on the plat. A plat note stating "That the property had a feedlot on it at one time and any construction in the area of the feedlot should take into consideration the possible contamination of the soils due to animal feces." 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 4. That the applicant shall submit $400.00 in School Impact Fees for the creation of the two exemption parcels. 5. United States Forest Service Wildfire Prevention Guidelines shall be followed for all structures. 6. Control of noxious weeds is the responsibility of the property owner. 7. Approval ofthe water supply by the State Engineers Office will be required prior to the signing of a final plat. i doP ellor • kr/44711,_ )-y\c(A8_ - pmt a.0,;77 cam. a 1p / 0.+`-(LoTAL At).0 A411-7,4,40 avtLJA c(AA.to atiwt) ti)n,_ ou er(Af, „L-0 r(FrazA. , 6Dot/l/U.Z ;-° hts- VAL Vh.2_ ,(1&414_ a;°(14441 ca4.-41 ` - 3 d _ Ow- d -U J tiv-- ove Li OY`• . aye - 0./ QX)-- k W a L 1 LA- / v4G at.." ,UAIJ GL. , _ - 1A) -X,,, _7 b aAj,.0 r 6- uAv j dAlt jot t1,410, % ? 7 S .0 w ecti&t,