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HomeMy WebLinkAbout2.0 BOCC Staff Report 05.15.1989• • BOCC 5/15/89 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Exemption from Definition of Subdivision APPLICANT: Dan Kerst LOCATION: A parcel of land situated in Lot 13 of Section 10, T7S, R88W; located approximately 3 miles east of Hwy. 82 off County Rd. 113, Cattle Creek Rd. SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: The site consists of a 9.26 acre tract. Individual wells Individual sewage disposal systems County Rd. 113 A/R/RD A/R/RD and Open Space O/S I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District E, Rural Areas with Severe -Moderate Environmental Constraints, as designated on the Comprehensive Plan Management District's Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located in a rural portion of the County with adjacent land uses primarily single family residential, agricultural and open space. Cattle Creek runs through the center of the tract, with moderate slopes to the north and steep slopes south of the creek. The site is currently vacant. B. Project Description: The applicant proposes to divide the 9.26 acre site into two lots 6.0 acres and 3.26 acres in size. In addition to individual wells, the applicant plans to utilize irrigation rights in the Sheaffer Ditch Company to provide irrigation water for both parcels. (See page �' ) C. History: The 9.26 acre site was one of three lots created by the George Petre Subdivision Exemption, approved by the Garfield County Board of County Commissioners on July 21, 1975. III.MAJOR ISSUES AND CONCERNS 1. The application has been referred to the State Division of Water Resources. They have verified that they are reviewing the application and comments will be available prior to the public meeting. 2. While the applicant has represented that the Division would issue well permits, once the Board of County Commissioners has created the lots, it should be noted that both State Statutes and the Garfield County Subdivision Regulations require that the Board receive verification of adequate domestic water prior to creation of the new lots. • • 3. A total of three new lots have been created out of the original parcel in existence as of January 1, 1973. The applicant's request would represent the fourth and final lot to be created by exemption in accordance with Section 8.52 of the Subdivision Regulations. 4. Soil Conservation Service information on the site indicates a variety of soils problems including erosion hazards, stoniness and susceptibility to piping and frost heaving. Limitation to homesite development become more severe on the site from Cattle Creek to the south. 5. The area surrounding the site, Section 10, T7S, R88W, has been subject to subdivision by exemption, with approximately 7 exemptions approved creating 17 lots. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required by law 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 APPROVAL, with the following conditions: 1. That the following plat notes be included on the Exemption Plat: a) That no further division by exemption from the definition of subdivision will be allowed. b) Each lot may be subject to engineered foundations and septic systems. c) Any development on the site within the 100 year floodplain will require compliance with the Garfield County Floodplain Regulations. 2. That the applicant submit evidence of a domestic water source for each of the proposed tracts, consisting of well permits or other verification acceptable to the Board of County Commissioners prior to any formal Resolution creating the tracts. 3. That the applicant obtain driveway access permits, or a letter stating that permits would be issued, from the County Road and Bridge Department for all new access points onto C.R. 113. 4. That development on the site be limited to the north side of Cattle Creek, due to severe soils limitations and slopes in excess of 30% south of the creek. This limitation shall be noted on the plat through identified building envelopes or plat notes. 5. That the applicant submit 200 in School Impact Fees for the creation of one new lot. 6. 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. -�— JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER, III • • SCHENK, KERST & DEWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDING SUITE 310, 302 EIGHTH STREET GLENWOOD SPRINGS. COLORADO 81601 TELEPHONE: 13031 945-2447 TELECOPIER: 1303! 945-2977 April 13, 1989 Board of County Commissioners Garfield County 109 Eighth Street Glenwood Springs, CO 81601 RE: PETITION FOR SUBDIVISION EXEMPTION Dear Commissioners: I submit herewith a Petition for Exemption from subdivision the division of the referenced 9.26 acre tract into two lots as shown on the enclosed sketch map. The 9.26 acre parcel which is the subject of this petition is one of three lots previously created by exemption of the division of the 36.1 acre tract shown on the sketch map. The 36.1 acre tract was created in May, 1972, by virtue of George J. Petre's Deed (copy enclosed) to Albert L. Carsten, Jr., and Doretta L. Carsten of the 5.88 acre tract, which is contiguous to the easterly boundary of the subject parcel. Accordingly, the 36.1 acre tract existed on January 1, 1973, and three lots have previously been created therefrom. By this petition, I am asking to create a fourth parcel from the 36.1 acre tract, which is not a part of a recorded subdivision. As to the remaining criteria for the exemption, you are advised as follows: Water: I have confirmed with the Colorado Division of Water Resources that each of the proposed lots will receive an in-house use only well permit. However, I am unable to apply for the well permits until creation of the lots. The proposed lots have shares in the Sheaffer Ditch Company, which has senior irrigation water rights to provide irrigation water for both parcels. Sewage Disposal: Each lot will be served by a septic system approved by the County. Fire Protection: The property is in the Carbondale Rural Fire Protection Distract. A letter from the District will be submitted to supplement this petition. k I also submit herewith my $100.00 check in payment of the application fee. Your favorable consideration of this request will be appreciated. DK/jj Enclosure Your ' y , uly, ST