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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.23.1988REQUEST: APPLICANT: James H. Stephens BOCC 5/23/88 PROJECT INFORMATION AND STAFF COMMENTS Exemption from the Definition of Subdivision LOCATION: A parcel of land located in Sections 20, 21, 22, 23 and 27, T3S, R87W; approximately 2 miles south of Sweetwater, otf County Road 150 SITE DATA: The site consists of a 1130.84 acre tract of land WATER: Existing spring and proposed individual well SEWER: Individual Sewage Disposal Systems ACCESS: Existing and proposed access drives off County Roads 150 and 151 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD and 0/S (Open Space) I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in an area not classified by the Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located in a rural portion of the County, with land uses in the vicinity primarily ranching and open space. Improvements on the site include several sheds and two single—family residences. Sweetwater Creek runs along and through the eastern portion of the site. B Project Description: The applicant proposes to divide the 1130.84 acre tract into three parcels --10.075 acres, 9.5 acres, and 1111.265 acres in size. The 9.5 acre tract will be vacant, while the remaining two parcels will have existing dwelling units. C. History: Based on deeds submitted by the applicant and the Assessor's office records, it appears that no other lots have been created out of this tract since January 1, 1973. III. MAJOR ISSUES AND CONCERNS 1. Soil Conservation Service information on the site indicates that portions of the proposed parcels may be poorly suited to homesite development, including problems with shrink swell soils, slopes and flooding. 2. Floodplain mapping is not available for this site; however, the Garfield County Zoning Resolution will require a 30 ft. greenbelt setback from the high water mark of ail live streams. • • 3. The 9.5 acre parcel is proposed for creation by virtue of separation from the remainder of the tract by Sweetwater Creek. The applicant has requested that its' creation not be counted toward the four -lot limit on subdivision exemptions due to its' separation by a natural feature (See Page L ). 4. The applicant Las represented that the 10.075 acre parcel will be served by an existing spring. Documentation of domestic water rights for the remaining two parcels should be provided. 5. The site is not located within a fire district. A plat note should be included on the exemption plat noting this fact. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required by law for the meeting 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 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 the citizens of Garfield County. V. RECOMMENDATION APPROVAL, with the following conditions: 1. That the following plat notes be included ori the Exemption Plat: a) Each lot may be subject to engineered foundations and septic systems. b) The described parcels are not located in any Fire Protection District. 2. That the applicant submit evidence of a domestic water source for each of the proposed tracts, consisting of additional well permits or other verification acceptable to the Board of County Commissioners. 3. That the applicant submit $200 in School Impact Fees for the creation of one new lot, without an existing residence. 4. 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. ) , 5 et- ff✓CCC'( w r � e --tv -ft dk- - Z 5'0 vvsi o: Aw U XL0' Ul s. ATTACHMENT TO PETITION FOR EXEMPTION JAMES H. STEPHENS REASON FOR APPLICATION This application for exemption concerns two parcels to be split out of a larger parcel in Section 23 of Township 3 South, Range 87 West of the 6th P.M. The more easterly parcel (hereafter called the homesite parcel) is occupied by Mr. and Mrs. James H. Stephens, Sr., who recently have retired. They had earlier conveyed all of their interest in the larger tract of land subject of this application to their son James H. Stephens, the applicant. Since Mr. Stephens, Sr. was born on the ranch, he desired to continue to live on a portion of it and has built a house and has occupied the ten acre tract. The exemption application is to permit a conveyance to Mr. Stephens, Sr. of the parcel of land on which he is residing. The second parcel along the north side of Sweetwater Creek (hereafter referred to as the creekside property) is more desireable for homesite use, and a buyer has been found who is interested in purchasing the property. The creekside property is split from the rest of the parcel by a natural feature, to wit Sweetwater Creek, preventing joint use with the remaining parcel, and an express request is hereby made not to consider said parcel to have been created by exemption with regard to the four lot. parcel, interest, or dwelling unit limitation otherwise applicable.