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Home My WebLink About2.0 Staff Report• • BOCC 9/6/94 PROJECT INFORMATION & STAFF COMMENTS REQUEST: Exemption from the Definition of Subdivision APPLICANT: Jeffrey T. Boyd and Judith Carol Day LOCATION: A tract of land located in a portion of the NE1/4 Section 35, T7S., R88W; more practically described as a tract of land located approximately 1.5 miles northeast of Carbondale off of Rose Lane SITE DATA: A 19.0 acre tract WATER: Individual wells SEWER: Individual Sewage Disposal System (ISDS) ACCESS: Rose Lane and private easement ZONING: North: Planned Development (PD) South, East and West: A/RJRD L RELATIONSHIP TO THE COMPREHENSIVE PLAN H. The property is located with District F, River/Flood Plain Severe Environmental Constraints of the Garfield County Comprehensive Plan Management District map. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is on the river bottom lands of the Roaring Fork river. Significant portionsrof the property are within the 100 year floodplain of the river (see map pg r• • ). Areas outside of the floodplain are virtually flat with some open areas near the river. An existing residence is located on the south side of the river, with several out -buildings associated with grazing on the property. B. Project Description: The applicant is proposing to split three the parcel into three (3) parcels of approximately 9, 7 and 4 acres in size (see enclosed map pg • ). All three exemption parcels would be served by an individual well and individual sewage disposal system. • • C. Background: In September of 1992, the Boyd's requested an exemption to split a three (3) acre parcel on the north side of the river from the body of the ranch. This parcel would have utilized an existing easement from the Ranch at Roaring Fork, and the proposed exemption was never finalized due to legal difficulties surrounding the easement. The three (3) acre parcel subject to the 1992 exemption request is part of the nine (9) acre parcel if the current request, and the easement in question in 1992 is not part of this application. III. MAJOR ISSUES AND CONCERNS 1. Subdivision. Section 8:10 (Applicability -Exemptions) states that the Board has discretionary authority to except a division of land from the definition of subdivision. Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, fire protection, adequate easements and school impact fees. 2. Exemption Criteria: The parcel existed in the same configuration as far back as 1971 (Book 371, page 340). Therefore, up to four (4) parcels can be created through the exemption process. 3. Zoni g: All lots meet the minimum lot size requirements of 2 acres for the A/R/RD zone district. The Garfield County floodplain regulations will apply to this property. Maps available to the Planning department indicate that a majority of the property is within the regulated floodplain. Prior to final approval of an exemption plat, a building site, with elevations above the 100 year flood elevation and dimensions from property lines, shall be submitted to the Planning department for each lot. All building sites must be 25 feet from the front and rear lot lines and 10 feet from the side lot lines. For the purpose of interpretation, the southern property lines would be considered the front lot line. 4. Water: The existing house has a well in place. The proposed exemption parcels will be served by individual well permits. Staff referred the application the to State Engineer's Office. No response has been received to date. Staff suggests that approval from the State be considered a condition of approval. 5. Sewage: All parcels are proposed for ISDS. Given the soils and close relationship of the building sites to the Roaring Fork River, an engineered ISDS is appropriate. A plat note stating that an engineered ISDS is required for each exemption lot and any reconstruction of the existing ISDS at the applicant's house should be a condition of approval. 6. Access: Access to the site is via an easement from an adjacent property owner (Louise Deane - recorded in 1965). The easement is non-exclusive, and has the following language: "Said easement shall be used as a private roadway, providing however, said driveway may be dedicated to a public use by the mutual agreement of the parties then entitled to the use thereof." a- • • It does not appear that the easement would restrict additional dwelling units to serve the additional units. Staff notes that the easement is approximately 10 feet wide, and does not meet road standards that would be required within the full subdivision process. Staff would suggest that a joint road maintenance agreement be recorded at the time of final plat to ensure that the road provides minimal access to all exemption parcels. 7. Natural Hazards: The entire site is identified as having major constraints to ISDS due to high ground water (Lincoln Devore, 1976). Staff would suggest a plat note to address this constraint. 8. Fire District: The Carbondale and Rural Fire Protection District has not submitted a letter of approval. Staff would suggest that this be a condition of approval. IV. SUGGESTED FINDINGS 1. The proposal is in general compliance with the Garfield County Comprehensive Plan and the Garfield County Zoning Regulations. 2. The proposed land use would be consistent and compatible with the existing surrounding land uses. 3. The proposal is in best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION APPROVAL, subject to the following conditions: 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. That the exemption plat include the following plat note: "All lots shall require an engineered ISDS system at the time of building permit submittal. In addition, any repaired or replaced ISDS shall be designed by a registered professional engineer". 4. Prior to final approval of the exemption plat, the following will be submitted to the Planning department: A. An elevation certificate and drawing by a registered land surveyor, stating and illustrating that all proposed building sites are above the 100 year flood elevation and can meet the required zone district building setbacks. .3 • • B. A letter of approval from the State Engineer's Office regarding domestic water supply. C. A letter of approval from the appropriate Fire District. D. A $200.00 school impact fee for each parcel. I 1 a.• I • I 1 I - I " iv ti3=8.4 r‘3, FO, •A • 0006z; N 13 3115 Haly p4 0008/S N 000 z I 0 D Og W N 0 1 N r u v1r7 N In. or — 1,1 :;zh. 4 1 es 1 • 1 tti LOT (EASTERLY 430' OF LOT F) — PARCEL N0. 2 OF . - RECEPTK)N N0. 372300 • • 6' L0j* %9/0/9/20X., ,1 91'c5 430.0 6.5 18 S. 80' 51. 00" 174.3T (DEED Q 16 .9') 32.5' EXISTING HOUSE L. 7.0 e 56.7• n• •!-. -..i N. 86' 28' 00" E. 89.20' • PARCEL NO. 1 OF RECEPTION NO. 372300 Ji• SVG HOUSE PARKING RANCH A' IOARING FORK b^l114CARY UNE 00\ r ACC. 10 RI CCF NON NO. 219145 f, \ 64, 9 NORTF:r` SECT;C R 00' 23' OS- E. • N. 88' 56' 13" W. 11110, 820.14OECD < 811.8' 1250. 1 4' W'T %ESS CORNER TO THE SJUfH 1/4 CORNF.R 0 S. 00' 2' 45. 00' .1 1:n 0 i7 t'" N 8 WITNES, SOOT,+[, crrr • MEMORANDUM TO: BOARD OF COUNTY COMMISSION S FROM.: Dave Michaelson, Planning Departmen DATE: September 28, 1994 RE: BOYD EXEMPTION (Continued Public Meeting) ST�F CoPt( On September 6, 1994, the Board of County Commissioners tabled the Boyd exemption request based on concerns regarding the access easement to the proposed exemption parcels. The Board directed the applicant to resolve issues with Buck Deane, an adjacent property owner. The easement is non-exclusive, and is defined as "the easement and right of way along the roadway as constructed (see copy of easement language on page $ ). On September 19, 1994 Ron Leach field -checked the property, and found the roadway to be a least 12' wide in "most" places. Ron recommended that those areas less the 12' be improved, that the brush be cut back, and the turnaround be maintained (see letter on page 17 ). Ron concluded that the easement does provide adequate access, based on his recommended improvements. If the Board feels that the access issue has been addressed, staff suggests the following findings and conditions of approval: FINDINGS 1. The proposal is in general compliance with the Garfield County Comprehensive Plan and the Garfield County Zoning Regulations. 2. The proposed land use would be consistent and compatible with the existing surrounding land uses. 3. The proposal is in best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. CONDITIONS OF APPROVAL 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. That the exemption plat include the following plat notes: A. "All lots shall require an engineered ISDS system at the time of building permit submittal. In addition, any repaired or replaced ISDS shall be designed by a registered professional engineer". B. • • "All lots include portions of the regulated floodplain of the Roaring Fork River. Any encroachment in the 100 -year floodplain will require a Special Use Permit from Garfield County". 4. Prior to final approval of the exemption plat, the following will be submitted to the Planning department: A. An elevation certificate and drawing by a registered land surveyor, stating and illustrating that all proposed building sites are above the 100 year flood elevation and can meet the required zone district building setbacks. B. A letter of approval from the State Engineer's Office regarding domestic water supply. C. A $200.00 school impact fee for each parcel. 5. That the recommendations contained in Ron Leach's September 20, 1994 letter be considered conditions of approval. 6. 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