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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.18.1984BOCC 6/18/84 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: For a S.B. 35 Exemption APPLICANT: William B. Schumann LOCATION: SE 1/4 NE 1/4 Section 36, T6S, R95W; located approximately 1 1/2 miles south of the Colorado River on the west side of County Road 323. SITE DATA: The site is approximately 19.6 acres in size. The site is requested to be subdivided into 6 parcels of 2, 2.4, 2.3, 6, 3.4 and 3.2 acres. WATER: Proposed use of the Winn Spring SEWER: Proposed individual septic for each lot. ACCESS: Off County Rd. 323 by way of a proposed 30' wide access easement which would serve the proposed parcels. EXISTING ZONING: A/R/RD ADJACENT ZONING: North A/R/RD South A/R/RD East A/R/RD West A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN District B - Subdivision/Rural Serviceable Area. The location is classified as District B due to the Rulison Industrial Park. Currently no central water system exists in the area. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is a relatively flat parcel in agricultural production. The entire parcel with the exception of northern end of the parcel is a producing apple orchard. The southeastern portion of the property contains large sheds with false fronts that appear to be an agricultural market. On the northeastern portion of the property, there is an older home surrounded by large oaks and located on the western portion of the property there is a machinery shed. History: The applicant owns a total of 19.6 acres. In 1971, Mr. Schumann purchased 18.6 acres of property. Then, in 1981 an additional 1 acre parcel was deeded to Mr. Schumann. The 1 acre parcel was originally a school site under School District 16 ownership. In accordance with Colorado Case Law, the 1 acre parcel and the 18.6 acre parcel merge if there is identical ownership of the adjacent parcels. BOCC 6/18/84 B. Project Description: The proposal is to divide a 19.6 acre parcel into 6 parcels of 2, 2.3, 2.4, 3.2, 3.4 and 6 acres. There is an existing spring which is proposed to serve the proposed lots. Individual septic is proposed for each lot. The applicant's plans were to have a boundary line adjustment on the 1 acre parcel to create a larger 3.2 acre parcel. In addition to tnis lot, he wished to create 5 more lots on the property. III.MAJOR ISSUES AND CONCERNS A. Review Agency Comments: Parachute Rural Fire Department - A letter was received June 8, 1984 stating that the Parachute Rural Fire District will be able to service the applicant's proposal. The letter recommends that at least one 2000 gallon cistern with at minimum of a 2 1/2 foot round or square opening in the top be installed on the property. B. Staff Comments: 1. There has been no subdivision or exemption action on this parcel since January 1, 1973. 2. The County Road Supervisor has no problem with the proposed access off of County Road 323. 3. The Garfield County Subdivision Regulations (Section 8) states that no more than a total of 4 lots, parcels, interests or dwelling units will be created from any parcel as described in the records of the Garfield County Clerk and Recorder's office on January 1, 1973. 4. The applicant proposes to create 5 new lots and make a boundary line adjustment on a 1 acre parcel. According to Colorado Case Law, the applicant's interest in the larger parcel and the 1 acre parcel merges into one large 19.6 acre tract. Thus, the proposal is actually to create 6 new parcels. 5. Between 1975 and 1983, there have been 9 exemptions in a 2 mile radius of this proposal creating 17 lots, 10 acres or smaller. (A total of 21 new lots were created by the 9 exemptions). (See list, page /, ) 6. If this application was to eliminate two of the proposed 6 lots, it would then be in compliance with Section 8 of the Garfield County Subdivision Regulations and be in general compliance with the Garfield County Comprehensive Plan. 7. To date, no reply has been received from the Division of Water Resources concerning this proposal. IV. FINDINGS 1. That proper posting, publication and public notice was provided as required by law for the hearing 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 hearing. 3. An exemption creating 4 lots on the proposed parcel will meet the requirements of Section 8 of the Garfield County Subdivision Regulations. • • BOCC 6/18/84 V. RECOMMENDATION APPROVAL, with the following conditions: 1. Only 4 lots shall be created and that these 4 lots shall be in compliance with all Garfield County Exemption and Zoning Regulations, and that access remain the same as proposed. 2. That approval of the proposed source of water be obtained from the Division of Water Resources prior to final approval. 3. That a plat be submitted to the Department of Development and recorded in the Clerk and Recorder's office. This plat shall include: a. Written legal description for each lot including all easements (access, water line, spring, ditch, etc). b. A signature block for the Board of County Commissioners and the County Surveyor. c. The plat shall read Schumann Exemption and make reference to the Resolution number approving the exemption. d. A plat note shall read "no further exemption shall be allowed on this property". 4. $200.00 per lot shall be submitted to the Department of Development, prior to final approval. 5. The applicant has 120 days to meet all conditions. 6. No further exemptions shall be granted on the parcels created by this exemption. v-Yetiilar-C- -4 e477 -'-e- h -4l RD?? J c