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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.05.2001BOCC 2/5/01 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An amendment to an Exemption from the Definition of Subdivision. APPLICANT: Jack & Irene Wigington, Jaedro, Inc. LOCATION: A tract of land located in a portion o f Section 3, T6S, R93W of the 6th P.M.; located on the northeast edge of Rifle, off of CR 233. SITE DATA: 40.451 Acres WATER: Well and Shared Well SEWER: ISDS ACCESS: CR 233 EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the exempted lots is located in the City of Rifle Annexation Area, as designated by the Garfield County Comprehensive Plan of 2001, Proposed Land Use Districts Map. The City of Rifle shows the area in question as a Lower Density Residential Area, which encourages the clustering of development to maximize the open space. The exemption appears to be consistent with the proposed designations. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located on the northeast edge of Rifle, on the east side of CR 233. There are existing houses on Parcels A and B. The remaining large parcel is presently used to grow hay and a small portion of pasture land. B. Project Description: The parent tract of land was split into three (3) tracts of 5.066, 10.0348, 25.3263 acres in 1982 by Resolution No. 82-275. The applicants are proposing to amend the configuration, so that there will be lots of 3.894, 3.198, and 33.359 acres each. There are two existing wells on the property, one of the wells will be shared by Parcels A and B and the other parcel will have its own well. All of the tracts will utilize individual sewage disposal systems. Access will be provided by two easements off of CR 233. III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8:00 of the Garfield County Subdivision Regulations establishes the criteria for the division of property via an Exemption from the Definition of Subdivision. This application is unique in that the original exemption application was made using criteria the County had in effect in 1982, which did not have a requirement for an exemption plat to filed with the approval. The applicants are requesting that the original approval be amended by resolution and the filing of an exemption plat, based upon the recommendation of the County Attorney. There is no formal procedure for this action, so staff has processed this with the same notice requirements of an exemption. It should be noted that portions of Parcels A and C are split from the remaining parcel by the county road. It does not appear that either of these parcels are large enough to qualify for further exemption splits based upon the road separation. To qualify, the parcels separated by the road would have to be at least two (2) acres in size and meet the other criteria for an exemption lot. B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. All of the proposed lots meet the minimum lot size criteria. C. Legal Access: Legal access to all of the lots is via direct access to CR 233. D. Water and Sewer: An existing well on Parcel B will be shared by Parcels A and B, with a well sharing agreement to define the use of the well. An existing well that sits on Parcel B at this time will end up on Parcel C if the proposed amendment is approved. E. Sewer: All lots will Individual Sewage Disposal Systems (ISDS) for their sewage disposal needs. F. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Department of Health ISDS setback standards. G. Easements. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required 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 Staff recommends APPROVAL, with the following conditions of approval: 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. 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. 3. That the following plat note shall appear on the Final Exemption Plat: "Control of noxious weeds is the responsibility of the property owner."