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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.08.1992• BOCC 9/8/92 PROJECT INFORMATION & STAFF COMMENTS REQUEST: Exemption from the Definition of Subdivision APPLICANT: Jeffrey & Judith Boyd LOCATION: A tract of land located in a portion of the NE'/4 Section 35, T7S., R88W; more practically described as a tract of land located approximately 1.5 miles northeast of Carbondale offof Rose Lane SITE DATA: A 19.0 acre tract WATER: Individual wells SEWER: Individual Sewage Disposal System (ISDS) ACCESS: Rose Lane and private easement through the Ranch at Roaring Fork ZONING: North: Planned Development (PD) South, East West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located with District F, River/Flood Plain Severe Environmental Constraints of the Garfield County Comprehensive Plan Management District map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is on the river bottom lands of the Roaring Fork river. Significant portions of 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 on the south side of the river. B. Project Description: The applicant is proposing to split three (3) acres off of a 19.0 acre tract of land (see enclosed map pg • 2 • ). The 3.0 acre site is separated from the remaining portion of the property by the Roaring Fork river. The 3.0 acre tract would be served by an individual well and individual sewage disposal system. Access is via a private easement across the Ranch at Roaring Fork open space. Electricity is available to the site. The existing residence is on the remaining 16.0 acres and is accessed via Rose Lane. 1 • 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. Zoning: 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. The proposed 3.0 acre tract appears to have an area accessible by the easement, that is outside of the 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. 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 east property line would be the front lot line. 3. Water: The existing house has a well in place. The proposed 3.0 acre tract will be served by another well that has a permit application in process. No final approval of an exemption plat shall be given until an approved well permit is submitted to the Planning department. 4. Sewage: The proposed 3.0 acre tract appears to have a building site near a branch of the river. Given the soils and close relationship of the building site to the river, an engineered ISDS is appropriate. A plat note stating that an engineered ISDS is required for the proposed 3.0 acre lot and any reconstruction of the existing ISDS at the applicant's house. 5. Access: Access to the proposed 3.0 acre site is via an access easement across the Ranch at Roaring Fork open space. No final approval of the exemption should be given until the applicant submits an attorney's certification of the applicant's right to access the property on the north side of the river or a court order demonstrating access. The easement is a single vehicle wide and is going to require constant maintenance, so the access easement should allow for minor repair and maintenance. 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. 2 • 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 a plat note stating; "Any new or repaired individual sewage disposal system 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 the proposed building site on the 3.0 acre site is above the 100 year flood elevations and can meet the required zone district building setbacks. b. A copy of an approved well permit for the 3.0 acre parcel. c. A letter from an attorney licensed to practice law in Colorado, that the proposed access to the 3.0 acre parcel is legal and transferablenother party. 7104 , �r7 t/d/. ,2a 44 � d. 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