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HomeMy WebLinkAbout2.0 BOCC Staff Report 03.09.1992REQUEST: APPLICANT: LOCATION: • • BOCC 3/9/92 PROJECT INFORMATION AND STAFF COMMENTS An exemption from the definition of subdivision. North Thompson Four Mile Mineral and Land Corporation A tract of land consisting of the west 21.0 acres of Lot 4 in Section 5 and Lots 1, 2 and 3 except 5.36 acres in Lots 2 and 3 described in Book 610 at Page 364 in Section 6, of T8S, R88W of the 6th P.M.; located on C.R. 108 three (3) miles west of Carbondale. SITE DATA: 155 acres WATER: Individual well SEWER: Proposed ISDS ACCESS: C.R. 108 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD and O/S I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in District C - Rural Areas/Minor Environmental Constraints and District D - Rural Areas with Moderate Environmental constraints as identified in the Garfield County Comprehensive Plan Management Districts map. II. DESCRIPTION OF THE PROPOSAL A. B. Site Description: The subject property straddles C.R. 108 just east of the Dry Park Road turnoff. The property is currently vacant grazing land. Vegetation consists of mixed grasses and pinon pine/juniper. Edgerston Creek drains through the middle of the parcel. Background: In 1982, the Board of County Commissioners approved an exemption for a five (5) acre parcel to be split from the parent parcel. This parcel was located on the south side of the County road. C. Project Description: The applicants are requesting an exemption to split a five (5) acre ± parcel from the parent parcel. The purpose of creating the new parcel is to deed the Association's employee a building site. The remainder of the property will continue to be used for ranching purposes. III. MAJOR ISSUES AND CONCERNS 1. 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. The proposed split appears to conform to the requirements of Section 8:10 with regard to the four (4) lot limitation. If approved, the proposed exemption would create the third parcel of record from that parcel in existence on January 1, 1973. This regulation would potentially allow for the creation of one (1) additional parcel at a later date. 3. The applicants are proposing to provide water for the five (5) acre parcel. The 1/2 interest in the well has been deeded to proposed owner of the five (5) acre parcel. No response has been received to date from the Colorado Division of Water Resources. 4. The proposed five (5) acre parcel is encumbered by an access and surface use agreement for the firm involved in the reclamation of the Snowmass Coal facility. This was formerly the location of the coal loadout conveyor. The purpose of the agreement is to grant the contractor access and use of the surface area necessary to complete reclamation. 5. The proposed five (5) acre parcel will abut C.R. 108 on its north side. The existing pipeline roadway will be used to access the building site. 6. Soils reports indicated potential problems with soils for the construction of ISDS. Low percolation rates may be encountered. Engineering may be required for the septic system. 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. If the noted access concerns can be adequately addressed, 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. The applicant shall submit $200 in School Impact Fees. 4. The following notes shall be included on the exemption plat: a. All lots may be subject to the requirement of engineered foundations and wastewater systems. b. State Forest Service wildfire prevention guidelines shall be required for residential construction. 5. All existing easements shall be depicted on the exemption plat. 6. Approval of the proposed water supply plan from the Division of Water Resources shall be provided. 7. A well sharing agreement shall be prepared and recorded with the exemption plat. The agreement shall address maintenance, access and improvements to the water system. An easement from the well to the larger parcel shall be provided.