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.
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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.
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