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Home My WebLink About2.0 Staff Report BOCC 4.11.94BOCC 4/11/94 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: An exemption from the definition of subdivision ~ Larry and Barbara Fl uer Located in a portion of Section 23, T7S, R88W of 6th P.M.; Located approximately three (3) miles northeast of Carbondale, on County Road 112. 25.374 Well (existing) I.S.D.S. (existing) 'I, CR 102 ( 11 z_ _j AIR/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District C -Rural Areas I Minor Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. IL DESCRIPTION OF THE PROPOSAL A. Site Description: The exemption parcel is northeast of Carbondale, on County / I z. ~-The property is bisected by an existing easement from CR 10 The site is currently occupied by two single-family dwelling units, a barn, and severa agricultural out-buildings. A vicinity map is shown on page• f • . B. Project Description: The applicant is requesting an exemption to split the25.374 acre parcel into two (2) parcels of approximately 18. 7 and 6.6 acres in size. The applicants intend on splitting the property to place each separate dwelling unit on a separate parcel. The split follows the division by the recorded easement (sketch plan to be pfented at public meeting). The applicant's cover letter is attached on page • . III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8 .52 of the Garfield County Subdivision Regulations sta,te that ''No more than a total of four (4) Jots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in 'l,~· I ~----------------~ 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, preventingjoint use of the proposedtracts,andthedivisionoccursalongt1iepublicright-of-wayornatural feature, such parcels thereby created may, in the discretion of the Bo,ard, not be considered to have been created by exemption with regard to the four (4) Jot, parcel, interest or dwelling unit limitation otherwise applicable; Records in the Garfield County Assessor's Office indicate that the parcel consisted of76.1acresin1968 (Book 395Page135). In 1975, Mark and Cecilia Bearwald were granted an exemption to split the property into two (2) parcels of approximately 64.2 and 11.9 acres in size. In 1983, the Bearwald's split the 64.2 acre parcel into two tracts of approximately 24 and 40 acres in size. In short, the property has been split into three (3) parcels prior to this exemption request (11.9, 40 and 24 acres in size). Therefore, one (1) split remains from the original parcel. No further splits can be accomplished through the exemption process. B. Zoning. The exemption parcels are consistent with the two (2) acre lot minimum lot size for the NR/RD zone district. C. Legal Access . Legal access is obtained from an access easement from County Road 102. D. Water and Sewer. Both existing dwelling units are served by independent domestic water supply systems. Parcel Bl is served by Bearwald well No. I (adjudicated by Case 380CW66), and Parcel B2 is served by a well issued in 1989 (Permit Number 154715). No additional water rights are necessary. Sewage disposal for the both exemption parcels are served by existing septic tanks and leach fields. G. Fire Protection. Ron Leach has reviewed the project, and his February 23, 1994 letter is shown on page• 'I• . Ron had no conditions associated with his approval of the exemption. H. School Impact Fees. Each newly created lot ~I of 4) are subject to the required $200.00 per lot school impact fee. ,.~." I. Natural Hazards. The Lincoln-Devore mapping for the area does not indicate any identified natural hazards on the site. 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 is recommending APPROVAL, with the following conditions: 1. 2. 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. 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. 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. That the applicant submit $200 in School Impact Fees for the creation of each new lot. A driveway permit, if necessary, shall be obtained from the Road and Bridge Department prior to the issuance of a building permit. Control of noxious weeds is the responsibility of the property owner. _..... ....... --------~- ~----------------- VICINITY MAP SCALE : 1"=2000' PROPERTY DESCRIPTION PARCEL B2 A PARCEL OF LAND SITUATED IN THE NW1/4SE1/4 OF SECTION 23, TO'M'-JSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID NW1/4SE1/4 THE TRUE POINT OF BEGINNING; THENCE S 01 ·19'49" E 347 .91 FEET TO A POINT ON THE CENTERLINE OF AN EXIST I NG RIGHT OF WAY AND EASEMENT (DOCUMENT NO . 241103 AS FILED IN THE CLERK AND RECORDER'S OFFICE); THENCE ALONG SAID CENTERLINES 39°20'38" W 128 .42 FEET; THENCE ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 188.71 FEET AND A CENTRAL ANGLE OF 35·15•32• A DISTANCE OF 116 .18 FEET (CHORD BEARS S 56'58'54" W 114 .36 FEET); THENCE ALONG SAID CENTERLINES 74·37'10" W 336 .82 FEET; THENCE ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT, HAYING A RADIUS OF 75.49 FEET AND A CENTRAL ANGLE OF 89°37 '50" A DISTANCE OF 118.09 FEET (CHORD BEARS S 60°33'55" E 106 .41 FEET); THENCE ALONG SAID CENTERLINE N 15'45'00" W 36 .44 FEET; THENCE ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 169.65 FEET AND A CENTRAL ANGLE OF 35·57·11· A DISTANCE OF 115.34 FEET (CHORD BEARS N 03·43•37" E 1 13 .13 FEET); THENCE ALONG SAID CENTERLINE N 23°12'14" E 163.52 FEET; THENCE ALONG SAID CENTERLINE ALONG ~C OF A CURVE TO THE LEFT HAYING A RADIUS OF 299 .91 FEET ~D AL ANGLE OF 35°09'09" A DISTANCE OF 184.00 FEET~HORD EARS N 05·37•39" E 181 .13 FEET); THENCE ALONG SAID CENTERLINE N 11°56'56" W 67.88 FEET TO A POINT •• ~~--------------..... - ( ( Narrative in Support of Subdivi s ion It is proposed to divide existing parcel B of the Bearwald plat subdivision, created under Resolution 83-50 dated March 14, 1983, in such a manner as to create parcels B 1 and 82 with parcel 81 consisting of approximately 18 .728 acres at tile northeast corner of existing parcel B and parcel 82 containing approx i mately 6.646 acres . The basis for this request is in agreement with Garfield County 's exemption criteria including the fact that proposed parcel 82 is split by an existing easement serv i ng as ingress and egress for six or more existing parcels , five of wl1ich have existing dwellings . An existing dwelling was constructed on parcel B 1 under building permit number 44 70 issued in May of 1992, and a second existing dwelling was constructed on proposed parcel 82 under building permit number 3820 issued in October of 1989. The existing road easement for ingress and egress serv e s both these and neighboring parcels without any restrictions; that is there are no limitations on t11e number of parcels to be served on this easement as represented by the deeds for the parcels served. The existing road and easement serving the neighboring parcels creates a def acto boundary use between parcel 81 and proposed parcel 82. The proposed subdivision of parcel 8 does not change the present land use. As structures currently exist on both parcels there is no additional need for sewage disposal, domestic water, drainage or related improvements. Both parcels have a permitted independent sewage disposal system, and both parcels are served by independent domestic waler systems . Parcel 81 is served by Bearwald well No. 1 under ter ms of the adjudication of Case No. 80CW66 of Water Division No. 5 of the District Court. and parcel 82 is served by t11e well constructed under permit number 154715 issued July 18, 1989 . The creation of parcel 82 is within the limitation of four dwelling units as indicated in the statement of applicability in the petit i on for exemption . The existing permitted structures on both parcels are protected under the services offered by the Carbondale and Rural Fire Protection District. 2123194 - _.. ............ ---------~ ~-------------------.. -- February 23, 1994 Mr. Mark Bean . -: Carbondale and Rural Fire Pr·otection District 300 Meadowood Drive Carbondale, CO 81623 (303) 963-2491 Garfield County Planner I 09 8th. St. Glenwood Springs, CO 81623 Dear Mark, ~ ~. '°G,;:.,HflELD CV"UNTY Barbara Fluer stopped at the fire station yesterday and explained the proposed sub-division exemption for her property located off of county road 112 . As I understand it the property would be split into two parcels with no new structures currently planned for either parcel. I would like to offer the following comments to you regarding fire protection for the property . The Carbondale & Rural Fire Protection District will provide service to the property. Access to both parcels is adequate utilizing the existing access road(s). Water supply for fire protection will be provided by the water carried on the Carbondale fire trucks augmented by the district's rural water shuttle program utilizing tanker trucks . Response time to the property is currently approximately 15 minutes with both fire and EMS response coming from the Carbondale fire station. If you have any questions feel free to contact me at 963-2491 . Sincerely, 1 LcJ-~L Ron Leach, Chief Carbondale & Rural Fire Protection District -9-