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Home My WebLink About3.0 BOCC Staff Report 08.15.1994• A Ir Std' N - n\ -le DO BOCC 8/15/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Bobby and Donna Burkett LOCATION: A tract of land located in Section 17, T7S, R88W • of the 6th PM, located approximately one half (1/2) mile east of State Highway 82 and the CR 113 tersectioil. . " SITE DATA' 10.2 acre parcel WATER: a Well SEWER: ISDS ACCESS: CR 113 EXISTING/ADJACENT ZONING: A/R/RD I. The site is located in District D - Rural Areas Moderate Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located in the lower terrace of the Cattle Creek, in an area of low-density residential and agricultural uses. Improvements on the site include a single-family home located near the south-central portion of the proposed exemption. The parcel slopes gently towards the County Road, with total relief change op the property of approximately 40 feet. A vicinity map is shown on vane if/ e _. • III. 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 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 of a 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 public right-of-way or natural 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; A deed submitted with the application describes the parent parcel on January 10, 1972 (Book 426, Page 234, Reception #252275). Therefore, up to four (4) parcels can be created through the exemption process. B. Zoning. Both exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. C. Legal Access. The parent parcel is accessed directly from County Road 113. As submitted, it appears that the applicant intends on providing access to the exemption parcel with the same driveway. If this is the case, the exemption plat must show an easement to provide for access to both parcels. Water and Sewer. The applicant has not indicated any plans for domestic water. A summary report for a well under the name of John P. Wierenga was submitted with the application, but did not indicate the status of future dwelling units on the well. Staff referred the application to the State Engineer's Office. No response has been received to date. Staff would suggest that a favorable response from the State be a condition of approval. Sewer will be provided by ISDS. Soils on the site are predominantly Southace Cobbly Sandy Loam (#98), which is considered to have moderate constraints for ISDS, although the primary constraint is based on slope. Fieldwork indicated that slopes on the site do not appear to be an issue on the site, and no plat notes appear necessary. E. 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, which should be verified by an engineer. Drainage. No drainage easements appear to be necessary, but should be verified on the field by the applicant's surveyor. required to be shown on the exemption plat. I. School Impact Fees The applicant will be required to pay the $200.00 impact fee prior to the approval of the final plat. J. Natural Hazards Staff referenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is located within an area identified as having severe constraints for ISDS. Staff suggests that this constraint is addressed by the proposed Plat Note. K. Floodplain• The property is encumbered by the 100 -year floodplain of Cattle Creek. A review of CWCB 1982 floodplain mapping indicate that the floodplain profile through this section of is quite narrow, a likely will not impact a building envelope on the site. taff would suggest the following plat note: L. Deed Restrictions: A portion of the property was subject to a boundary line adjustment/land exchange with David and Julie Beck. The deed restriction prohibits the construction of any residence or dwelling unit except for the purpose of the "grantees or issues". In other words, the dwelling unit must be for either the Burkett's or members of their family. The exemption is being requested to provide housing for the Burkett's son. Staff confirmed with the Beck's Attorney (Dan Kerst) that the deed restriction may be difficult to enforce as written. • 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 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. • • for signature from the date of approval of the exemption. 4. That the applicant shall submit $200.00 in School Impact Fees for the creation of the exemption parcel. NqS. That the following plat notershall appear on the Final Exemption Plat: "Both parcels are located within the 100 -year floodplain of Cattle Creek. Any encroachment within the regulated floodplain requires a Special Use Permit from Garfield County." su4(7,rNFacp I SAS MAS gE p Ut�ED. A -r 1-N6 -r�,�E of 13° A favorable response from the State Engineer's Office must be received prior to the signing of an exemption plat. 7. Control of noxious weeds is the responsibility of the property owner. vCO All construction shall be consistent with USFS Wildfire Prevention Guidelines. ® FUZE- D IS--l-rZ,tc,T o 10)14(1•W,-01).L.pcjit, t(;itars FcCz iSCIT Theo;-. PEIL1A-VT Solok ITIN-, P S6TS- peacgit,ar to,-, 1_T Y4u t DE'rl NC. I SOS MAO oa 1Pe WV— -00-005 EXEMPT — NORTH //4 RNE/? — SECT/ON /7 BRASS CAP . ,....... NW V4 NE/4 ". 8 9 ° 3 9 35" E r 4 /177.67 er NE 14 A/ CENTER OF THE OF SECT/ON /7 SW 14 A/E 5 00° 22',3/" W N 90° // 0. 7,3 N 89° 03' /7" W ..• •'''• • :E" GARCE SE /