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HomeMy WebLinkAbout2.0 BOCC Staff Report 11.12.1985• • BOCC 11/12/85 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: For Exemption from the Definition of Subdivision. OWNER: Susan G. Mackie ATTORNEY: Kenneth Balcomb LOCATION: A tract of land situated in the W 1/2 of Lot 13, Section 13, T7S, R88W; located approximately 4 1/2 miles northeast of Carbondale off of County Road 103. SITE DATA: WATER: SEWER: The site consists of 56.49 acres. Proposed well Proposed individual sewage disposal systems. ACCESS: Proposed access points off of County Road 103 EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District C, Rural Areas with Minor Environmental Constraints, as indicated on the Garfield County Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located in a rural portion of the County with land uses on the site and adjacent to it mainly single family residential, open space and agricultural. B. Project Description: The applicant proposes to divide the 56.49 acre tract with 3 lots, 22.94 acres, 21.44 acres and 12.11 acres in size. C. History: The existing tract was created by an exemption granted to Susan Mackie in 1976 approved by Resolution No. 76-49. This exemption split a 63.5 acre tract into a 5 acre lot and the existing tract. III.MAJOR ISSUES AND CONCERNS 1. The applicant's well permit was approved by the Colorado Division of Water Resources in June of 1985 to serve no more than three single family dwellings. Each of the three parcels should receive a deeded interest in the well, with easements for access and maintenance and waterlines shown on the exemption plat. In addition, a proportional share of all irrigation ditch rights associated with the property should be deeded to each parcel. • • 2. Garfield County has approved approximately 42 exemptions within a 1 1/2 mile radius of this site. 3. The applicant snould apply to the County Road and Bridge Department for the appropriate driveway access permit for proposed lot A. An approved access point should be shown on the exemption plat. 4. The proposed lots will be the last allowed to be created by exemption from the definition of Subdivision, based on the Subdivision Regulations. A plat note should be added stating this fact. IV. 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, tne proposed exemption is in the best interest of tne 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) No further divisions by exemption from definition of subdivision will be allowed. b) That all irrigation ditch easements be recognized and maintained as existing and in place. 2. That all three parcels receive a deeded interest in the existing well consisting of a minimum of 5 gpm, and that easements for all waterlines, and for access and maintenance of the well be included on the exemption plat and in any legal descriptions. 3. That all shares of irrigation water associated with the property be divided proportionately amongst the three lots. 4. That $400.00 in School Impact fees for the creation of two new lots be paid prior to final approval. 5. The applicant shall obtain an approved driveway access permit for proposed Lot A from the Garfield County Road and Bridge Department. The approved access point shall be shown on the exemption plat. 6. All representations of the applicant, either with the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. ,?