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HomeMy WebLinkAbout2.0 Staff ReportSnobble - Bazley Amended Subdivision Exemption FEXA-6847 GH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANTS (OWNERS) REPRESENTATIVE LOCATION Amended Subdivision Exemption - Plat Administrative Review Barbara Snobble, James Bazley and Connie Bazley Mark Chain Consulting LLC Section 28, T7S, R88W, Garfield County, approximately 3/4 of a mile west of the Carbondale Town Limits, off of County Road 109. Also known as 5966 and 5970 County Road 109 (Assessor's Parcel Nos. 2393-283-00-019, 2392-283-00-020, and 2392-283-00-021) PARCEL SIZE 9.43 acres. WATER/SEWER Existing Wells (3) Existing and proposed Septic Systems ACCESS County Road 109 EXISTING ZONING Rural (R) I. DESCRIPTION OF PROPOSAL - REQUEST The Applicant is requesting an amendment to the Snobble Subdivision Exemption approvals previously granted by the Board of County Commissioners and approved by Resolution No. 81-298. As requested the amendment will allow the filing of a new Exemption plat modifying the property lines and areas of the three existing lots, which were previously described only by metes and bounds descriptions attached to the above referenced resolution. No new lots are being created and no changes are proposed to any existing easements or rights-of-way. The amendment will improve access to the lots, in particular to Lot B. It will also address family wishes for the inclusion of certain areas of family significance within Lot A. The newly configured lots will be 2.438 acres (Lot A), 4.85 acres (Lot B), and 2.001 acres (Lot C). Based on the Application information provided, constraints mapping, the existing approvals, and the nature of the lot line adjustment, the applicant has requested a waiver from providing additional technical studies/topography. Snobble — Bazley Amended Exemption II. AUTHORITY — APPLICABLE REGULATIONS Section 5-306, 5-501(1), and 4-104 of the Unified Land Use Resolution of 2008 as amended (ULUR). The request was determined to be complete as of June 23, 2011. Public notice was required for the Director's Decision in accordance with Section 4-104. III. STAFF ANALYSIS REFERRAL COMMENTS Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are attached as exhibits and incorporated into the memorandum where applicable. a. County Vegetation Manager: No Comments Received. b. County Environmental Health: Noted issues with future ISDS location on Lot C. c. Town of Carbondale: No Comments Received. d. County Road and Bridge: Comments received, indicated no concerns. e. County Attorney: Comments received regarding conveyance deeds. f. County Surveyor: Referred with no comments received at this time. 2 Snobble — Bazley Amended Exemption RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is designated Residential High Density (RH) and Floodplain on the Comprehensive Plan 2030 Mapping. Although the RH Density allowance is higher than the current configuration of lots, no issues or conflicts with the current lot line amendment are noted. The Floodplain is also shown in detail on the Site Improvements and Constraints Map. The current improvements (homes, well, ISDS, driveways) are located outside of the floodplain. Lot C, which is currently vacant will maintain a reasonably sized building area also outside the 100 year floodplain. Excerpt from Comprehensive Plan 2030 Future Land Use Map Snobble - Bazley Property (shown in darker brown & teal) AMENDED SUBDIVISION EXEMPTION PLAT ELIGIBILITY Section 5-306 provides for Subdivision Exemption plat amendments to be processed as an Administrative request. While a plat was not required by the original Subdivision Exemption process approved by Resolution 81-298 the request is consistent with the intent of the code section and the filing of a plat amending the existing metes and bounds descriptions. In regard to the eligibility criteria contained in Section 5-306 the application: (a) does not increase the number of lots; (b) does not result in the relocation of any roads or add new roads; and (c) involves technical survey modifications to amend lot lines. DOMESTIC WATER AND SEWER Well Permits have been provided for all three lots and all three wells are drilled and existing. No changes to the Tots that warrant further review of water issues are proposed. Individual sewage disposal systems exist on Lots A and B. Consistent with the Environmental Health Department comments, a plat note should be included on the plat clarifying that an engineered septic systems may be required and that compliance with 3 Snobble — Bazley Amended Exemption setback requirements will be required including but not limited to setbacks from domestic wells, irrigation ditches, and ponds. ZONING The existing zoning is Rural and is consistent with the existing and proposed configuration of Tots. The proposed lot line amendment does not create any nonconforming zoning conditions including setbacks. SITE CONSTRAINTS Detailed mapping of the floodplain has been provided and as shown on the map below affects the lower portion of each lot adjacent to the Crystal River. Adequate areas for building on Lot C outside of the floodplain are reflected on the mapping. Existing improvements on Lots A and B are shown outside the limits of the floodplain. GRAPHIC SCALE ion, v 011111.4...011602 699 • Site Improvements and Constraints Map The Application represents that the only other significant constraint to development is the potential for high ground water within on that portion of the property adjacent to the Crystal River and within the designated floodplain area. A plat notes should be included that addresses the potential for engineering to address ground water issues. 4 Snobble — Bazley Amended Exemption ACCESS All three access drive locations are shown as existing. The driveway for Lot B will now be located entirely on Lot B. The driveway loop on Lots B and C can be closed at the Applicant's discretion as both lots have independent access. If the Applicant desires to maintain the configuration, easements between the lots and a joint use and maintenance agreement should be provided. No access concerns were noted by the County Road and Bridge Department. EASEMENTS No changes to utility, access, or irrigation easements are proposed by the lot line amendment request. PUBLIC NOTICE The Applicant has represented that all public notice to adjoining property owners within 200ft. and to the owners of mineral rights on the property have been completed. Proof of the mailing (certified return receipts) must be provided prior to the Director's Determination. The only comment received to date was a verbal contact from the Colorado Rocky Mountain School which upon confirmation that no new lots were being created was supportive of the request. MINERAL RIGHTS OWNERS Staff suggests the following standard plat note be placed on the Exemption Plat: "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." LEGAL The Applicant will need to prepare boundary line adjustment affidavits and conveyance deeds between the adjoining property owners to legally convey the areas affected by the requested lot line adjustments. The documents and deeds will need to be submitted for review by the County Attorney's Office and recorded concurrently with the amended Plat. In addition should the applicant desire to maintain any shared driveway configurations (Lots B and C), descriptions should be added to the plat and joint use and maintenance agreements provided for review by the County Attorney and subsequent recording. The Application also notes that a map of the Snobble property was recorded in 2004 and labeled as an exemption plat. The Applicant recognizes that no County approvals were granted for the map and wishes that the current plat amendment request document for title purposes that the 2004 map is of no effect and/or is superseded by the appropriate County Approval requested at this time. 5 Snobble — Bazley Amended Exemption PLAT NOTES As a previous plat has not been legally filed for the property inclusion of the standard list of plat notes should be included on the plat. This list includes standard references to a variety of county regulations including provisions related to noxious weeds, fireplaces/solid fuel burning stoves, right to farm statements, and recommendations for thinning of combustible material for wild land fire protection. In addition to plat notes relating to mineral rights and engineered septic systems, and ground water (previously discussed), a plat note should be included specifying the purpose of the amended plat and clarifying that it supersedes previous subdivision documentation and recordings. The language for this note should be reviewed and approved by the County Attorney's Office. Proposed Amended Exemption Plat AMENDED SNOBBLE EXEMPTION PLAT A PARCEL OF LAND IN SECTION 28. TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 8TH P.H. COUNTY OF GARFIELD, STATE OF COLORADO t ^• ♦awry •,• 10.14110N .1112i Zra ) ^CF \ \� \ ---^v / //IS ' A \ / Y�'lZIZC, / / IV. SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the proposed Snobble — Bazley amended Subdivision Exemption Approvals and Plat is in general compliance with the Garfield County Comprehensive Plan 2030 and complies with the Garfield County Unified Land Use Code of 2008 as amended including but not limited to Sections 5-306, 5-501(1), 4-104, as applicable, subject to compliance with the following conditions of approval. 6 Snobble — Bazley Amended Exemption 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director. 2. Prior to the Director's Determination, the Applicant shall provide the county with copies of the proof and mailing and return receipts confirming that the Applicant has met the public notice requirements of the ULUR for the Administrative Review. 3. The Applicant shall include the following text as plat notes on the final exemption plat or amend the existing text to conform to following: a. Control of noxious weeds is the responsibility of the property owner. b. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. e. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale 7 Snobble — Bazley Amended Exemption Agriculture" put out by the Colorado State University Extension Office in Garfield County. f. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contracts with background color. g. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and h. "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." i. New Septic Systems may be required to be designed by a professional engineer depending on site constraints including but not limited setback requirements from domestic wells, irrigation ditches, and ponds and the potential for high ground water. J. Engineered foundations may be required based on the potential for high ground water on portions of the site. 4. A plat note shall be included on the plat specifying the purpose of the plat amendment and clarifying that the plat shall replace (supersede) previous subdivision approvals (Resolution No. 81-298 of the Board of County Commissioners) and any other recorded mapping (unapproved map recorded at Reception No. 659044). The text for the plat note shall be prepared and/or approved by the County Attorney's Office. 5. The Applicant shall provide Boundary Line Adjustment Affidavits and/or conveyance deeds as determined necessary by the County Attorney's Office reflecting the proposed changes to the lots. The documents shall be subject to review and approval by the County Attorney's Office and shall be recorded concurrently with the Amended Subdivision Exemption Plat. 6. Approval of the proposed exemption plat and plat notes shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a blueline of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for their signature. 7. All conditions of approval and edits to the proposed subdivision exemption plat shall be completed and a mylar of the proposed plat provided to the County in a form ready for signatures and recording within 90 days of the Director's Decision. 8 Snobble — Bazley Amended Exemption PHOTO EXHIBITS FROM SITE VISIT Lot A Lot B 9 Snobble — Bazley Amended Exemption Lot B (driveway) Lot C 10