HomeMy WebLinkAbout2.0 BOCC Staff Report 11.15.1993BOCC 11/15/93
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision
APPLICANT: (iW. Weaver)
LOCATION: Located in a portion of Section 17, T6S,
R92W of 6th P.M.; Located on CR 352,
southeast of the Garfield County Airport.
SITE DATA: 25.90 acres
WATER: City Water
SEWER: I.S.D.S.
ACCESS: Direct access from County Road 352
EXISTING/ADJACENT ZONING: A/R/RD, Airport Industrial Park PUD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site is located in District B - Subdivisions/Rural Serviceable Areas 0 to 1/2 mile
radius as designated on the Garfield County Comprehensive Plan Management
Districts' Map.
H. DESCRIPTION OF THE PROPOSAL
A.
Site Description: The exemption parcel is known as parcel 1 of the Amaya
Exemption, approved by the Board in April of 1991 (Res. 91-083). The site is
gently sloping farmland, and currently includes a mobile home. The property
is traversed by numerous utility lines includi g two (2) 230 kV electrical
transmission lines (see vicinity map on page ).
B. Project Description: The applicant is requesting an exemption to split the 25.90
acre tract into two (2) tracts of 12.0 and 13.90 acres in size.
A sketch plan of the proposed division is shown on page
HI. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "No more than a total of four (4) lots, parcels, interests
1
B.
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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 ofa 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 publicright-of-wayornatural
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;
Records in the Garfield County Assessor's Office indicate that the parcel
consisted of 48.55 acres in 1923 (Book 125, Page 613). The Amaya exemption
created two (2) parcels from the 48.55 acre parcel in 1991. Therefore, only two
parcels have been created since January 1, 1973. Therefore, up to three (3)
parcels may be created through the exemption process.
Zoning. The exemption parcels are consistent with the two (2) acre lot minimum
lot size for the A/R/RD zone district.
C. Legal Access. The applicant has direct access to County Road 352. Additional
driveway permits may be necessary from Garfield County Road and Bridge
Department.
D. Water and Sewer. The applicant has indicated that additional water taps will be
obtained from the Town of Rifle. No documentation has been submitted with
the application, but will be presented at the hearing.
Sewage disposal for the exemption parcel is ISDS. Soil types and hazard maps
do not appear to constrain ISDS on the lots.
E. State and Local Health Standards. No State or Local health standards are
applicable to the application.
F. Drainage. No drainage easements appear to be necessary, although the ditch
which traverses the property should be shown on the plat.
G. Fire Protection. No response has been received from the Rifle Fire District,
which should be a condition of approval.
H. School Impact Fees. Each newly created lot is subject to the required $200.00
per lot school impact fee.
I. Natural Hazards Staff referenced the Lincoln - Devore Laboratories Natural
Hazards Mapping for the site, which indicated that the site is not in an area of
Soil, Slope, or Groundwater/Septic System constraints.
IV. SUGGESTED FINDINGS
1. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2
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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 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.
2. A Final Exemption Plat will be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, and any proposed easements for
drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners
for signature. Extensions of time may be granted if requested prior to the
expiration date.
4. That the applicant submit $200 in School Impact Fees for the creation of each
new lot.
5. Driveway permits, if necessary, shall be obtained from the Road and Bridge
Department prior to the issuance of a building permit.
6. Control of noxious weeds is the responsibility of the property owner.
7. The following plat note shall appear on the final plat:
"Negative health impacts may be experienced due to electro -magnetic radiation
from high voltage electric power lines."
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