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HomeMy WebLinkAbout2.0 Staff ReportBOCC 4/2/01 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An amendment to an Exemption from the Definition of Subdivision. APPLICANT: Eugene & Michele Chiarelli & Chiarelli LLC LOCATION: A tract of land located in a portion o f Section 20, T7S, R87W of the 6th P.M.; located at 1030 CR 102, Carbondale. SITE DATA: 35 Acres more/or less WATER: Well SEWER: ISDS ACCESS: CR 102 EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the exempted lots is designated by the Garfield County Comprehensive Plan of 2001, Proposed Land Use Districts Map as medium/high density residential (2 to less than 6 acres per dwelling unit. The exemption appears to be consistent with the proposed designations. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located at 1030 County Road 102, Carbondale, CO. There are three lots that make up the 35 acres. Currently there is a two story wood house with an attached garage as well as an accessory dwelling being built on Lot number 2. Currently there are no other buildings on Lot numbers 1 and 3. B.Project Description: The parent tract of land was split into three (3) tracts of approximately 11, 12.89 and 11.11 acres each, more or less in 1978 by Resolution No. 78-57. The applicants are proposing to amend the configuration, so that there will be lots of 15.120, 5.385, and 14.491 acres each. III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8:00 of the Garfield County Subdivision Regulations establishes the criteria for the division of property via an Exemption from the Definition of Subdivision. This application is unique in that the original exemption application was made using criteria the County had in effect in 1978, which did not have a requirement for an exemption plat to be filed with the approval. The applicants are requesting that the original approval be amended by resolution and the filing of an exemption plat, based upon the recommendation of the County Attorney. There is no formal procedure for this action, so staff has processed this with the same notice requirements of an exemption. B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. All of the proposed lots meet the minimum lot size criteria. C. Legal Access: Access will be provided off of an access easement from an existing driveway. D. Water: There is an existing well permit, which may serve three single-family homes on Lots 1, 2, and 3. The applicant has also obtained another well permit, which may serve three single-family homes on the adjacent property to the east. E. Sewer: All lots will utilize Individual Sewage Disposal Systems (ISDS) for their sewage disposal needs. F. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Department of Health ISDS setback standards. G. Easements. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. 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 recommends APPROVAL, with the following conditions of approval: 1. 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. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the following plat note shall appear on the Final Exemption Plat: "Control of noxious weeds is the responsibility of the property owner." "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries with enforcement provisions allowing for the removal of the dog from the area as a final remedy in worst cases. "No open hearth solid -fuel fireplaces will be allowed. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. sew., 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. "All exterior lighting be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the property, except the provisions may be made to allow for safety lighting that goes beyond the property boundaries. "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, odors, 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.