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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.21.1998• • BOCC 9/21/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Leonard Lorentson LOCATION: A tract of land located at Section 32, T7S R89W of the 6th P.M.; the property located generally north of Four Mile Road, proximate to the Sunlight ski area. SITE DATA: 3.0 acre and a 97 acre parcel WATER: Well SEWER: ISDS ACCESS: Private easement from Four Mile Road EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the exempted lots is located in the Medium Density Residential District (6 to less than 10 AC/DU) as designated by the 1994 Garfield County Comprehensive Plan's Proposed Land Use Districts Map. The proposal is consistent with the intent of the plan. H. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located south west of the Sunlight Ski area. The property is predominantly sage brush and scrub oak, and is relatively flat and south facing. • • B. Project Description: The parent tract of land to be subdivided consists of 100 acres, and the proposal calls for creating a total of one (1) parcel of 3.0 acres and one (1) parcel consisting of 97 acres. Access will be via an access easement crossing the larger parcel to access the smaller parcel from the Upper Four Mile Road. The application indicates that the property will provide a housing opportunity for an employee of the ski area. III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in 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, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;" The property is a portion of a tract divided in the early 1960's. The property has remained in the present configuration since 1965. The exemption is in compliance with this requirement. B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as required by the A/R/RD zone district. C. Legal Access: Legal access will be provided by an access easement across the larger parcel from the Upper Four Mile Road. Access grades should range from 6-12%. D. Water: The applicant is proposing the use of an existing well. E. Sewer: The proposal indicates use of an Individual Sewage Disposal System. The three acre parcel has adequate area for this type of system. 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, which should be verified by an engineer, as indicated by a plat note. G. Drainage: The parcels to be created by exemption, are large. The applicant will be required to address specific building area hydrology and drainage. Construction and grading of the road, should be constructed to minimize possible on and off site • • drainage issues. H. Fire Protection: The applicant has included a letter from the Glenwood Springs Fire Protection District, who noted that the property is in the district and can be served. They reserve the right to comment on any future development proposals. I. Easements. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. J. School Impact Fees The applicant will be required to pay the $200.00 school site acquisition fee for the newly created lot, prior to the approval of the final 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 lot, 25 ft. wide access to a public right- of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3 That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 4. That the applicant shall submit $200.00 in School Site Acquisition Fees for the creation of the exemption parcel. • • 5. 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 within a subdivision and the dog shall be required to be confined within the owners property boundaries." "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. seq., 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 subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries". " All garbage and/or waste storage areas shall be animal proof"