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Home My WebLink About2.0 BOCC Staff Report 02.06.1984• BOCC 2/6/84 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: For a S.B.35 Exemption APPLICANT: James Tarro LOCATION: Section 4, T6S, R91W located approximately 2 miles west of New Castle and west of the intersection of County Road 214 and Highway 6 & 24 SITE DATA: The site is 10 acres in size and is proposed to be divided into two parcels of approximately 8 and 2 acres ( see map, page 8 ). WATER: Proposed well and existing cistern SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: An individual septic disposal system exists on the proposed 2 acre site and an individual septic disposal system is proposed for the 8 acre site. Existing off Highway 6 & 24 A/R/RD North: A/R/RD South: Highway 6 & 24 R.O.W. and A/R/RD East: A/R/RD West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site sits within District C of the Comprehensive Plan and is adjacent to an urban area of influence (District A). The Comprehensive Plan states that areas such as this are considered to be transition zones between urban and rural with a density of no greater than one (1) dwelling unit per two (2) acres. II. DESCRIPTION OF PROPOSAL A. Site Description: The site is basically agricultural in nature containing an apple orchard, several out buildings and an older home. B. Project Description: The applicant wishes to divide a ten (10) acre parcel into two lots of approximately 3 and 2 acres. The 8 acres would include the orchard lands and the 2 acres would include the old homestead. III.MAJOR CONCERNS AND ISSUES: A. Reviewing Agency Comments: 1. Division of Water Resources: The Division of Water Resources indicated that they would have no problem with the issuance of a well permit for the 8 acre parcel. However, they would not issue a well permit on the 2 acres with the existing cistern due to the potential of injury to existing water rights. (see letter page__ 7 ). -5 - • • B. Staff Comments 1. The proposal meets the A/R/RD acreage requirements and the acreage suggestions of the Comprehensive Plan. 2. Historically, the site has been used for agricultural purposes however the applicant desires to sell a portion of the property because of the difficulty in maintaining the orchard. 3. The Agricultural goal in the Comprehensive Plan (page 17 of the Garfield County Comprehensive Plan) is to "encourage farm and ranch land to remain in active and productive use". The Comprehensive Plan also states that "non-agricultural areas and non-productive cropland found within District C shall be considered best able to absorb growth. Productive cropland shall be considered least desirable for conversing to other land uses". (page 70 of the Garfield County Comprehensive Plan). 4. The applicant wishes to sell the orchard land (8 acres) to a neighbor who intends to continue the agricultural operation on the property. Eventually, the purchaser would like to sell the 8 acres to their daughter and son-in-law who intend to build a house and also keep the orchard in production. IV. FINDINGS: 1. That the hearing 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. 2. That the proposed land use will be compatible with existing and permitted land uses in all directions. 3. That for the above stated and other reasons, the proposed zoning is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION: Approval with the following conditions: 1. That the applicant submit an approved well permit to the Department of Development from the Division of Water Resources prior to final approval. 2. That the applicant submit $200.00 to the Department of Development for the school impact fee. 3. That the applicant submit a plat to be recorded in the Clerk and Recorder's office. This plat shall include separate legal descriptions for each lot and a description of access for each lot. The plat shall be sitned by the County Surveyor and by the Board of County Commissioners. The plat shall read Tarro S.B. 35 exemption and shall make reference to the Resolution Number approving the exemption. 4. All conditions shall be met within 120 days. -6- • • BOCC 12/19/83 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: For a S.B. 35 exemption for a boundary line adjustment APPLICANTS: James Tarro and John Bruno LOCATION: Located off County Rd. 214 approximately one mile west of New Castle ACCESS: Existing WATER: Existing SEWER: Existing ZONING: A/R/RD ADJACENT ZONING: A/R/RD in all directions I. RELATIONSHIP TO THE COMPREHENSIVE PLAN District C - Rural Areas With Minor Environmental Constraints. Areas within District C adjacent to or within one mile of an urban area of influence shall be a transition zone between urban and rural with a density of no greater than one dwelling unit per 2 acres. II. PROJECT DESCRIPTION A. Site Descri2tion: The site sits to the north of Highway 6 & 24 between County Rd. 214 and Highway 6 & 24. It is agricultural in nature, primarily including orchard lands. There are currently two houses on the two parcels and each parcel includes outbuildings. B. Descri2tion of the Proposal: The applicants wish to make a boundary line adjustment: The proposal will allow Mr. Bruno to sell 7.82 acres to his adjacent neighbor Mr. Tarro. 2.2 acres will remain in Mr. Bruno's ownership, whereas, the Tarro's will then have a total of approximately 10 acres. III.MAJOR ISSUES AND CONCERNS 1. The boundary line adjustment will not create any new lots. 2. The proposal meets the acreage requirements for the A/R/RD Zone District. 3. This proposal would not result in any significant land use problems. 8 • • IV. FINDINGS 1. That the hearing 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. 2. That the proposed land use will be compatible with existing and permitted land uses in all directions. 3. That for the above stated and other reasons, the proposed zoning is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the proposal meets the acreage requirements of the A/R/RD zone district and the acreage suggestions in the Comprehensive Plan. V. RECOMMENDATION Approval of the S.B. 35 Boundary Line Adjustment with the following conditions. 1. That the new legal descriptions for each parcel be submitted to the Planning Division within 120 days. 2. That a plat be recorded in the Clerk and Recorder's office showing the two new lots. This plat shall be signed by the County Surveyor and the Board of County Commissioners and shall be recorded with the Resolution of Approval of the S.B. 35 exemption. - 9 - of LE`r,, er!.0 or „ L S, /Z%.(.) V ,,,. 1 1 i �, r .. H. ' 1, ,„1:." W ., ....414 r.1 P_ .,Wr. W N — cd 166'6L� 3,frZ',£.6-0 68"N t.o ss F/ 1b/Sb po .9 CENTERLINE CUR. E DATL • 4C/sSosS 3 2S 8� F b2 3 s/C88 'F/OZ W Q � N JS sb/ ;/ � L'D/ob \L PARCEL No./ ,ZL'OL9 1 1. .. 11 .. '_' QfrJHU 1;S (,LS'91£I) 1 1 1 oo 1— 1 t -ea -8—