Loading...
HomeMy WebLinkAbout2.0 BOCC Staff Report 08.15.1994PROJECT INFORMATION AND STAFF COMMENTS REQUEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONING: An exemption from subdivision. sl Mc4u�� the definition of Robert F. Petts & Cathleen E. Holmes A tract of land located in Section 4, T7S R87W and Section 33 T6S R87W of the 6th PM; located approximately seven (7) miles northeast of Carbondale, off of County Road 113. 89 acres Wells ISDS CR 113 A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District D - Rural Areas Moderate Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located along the Eagle County/Garfield County Line, south of Coulter Creek. The parcel has historically been used for agricultural uses, and no residential are located on the site. The parcel does have some slope restrictions at the southeastern corner, but this;area not subject to the exemption request. A vicinity map is shown on page" a" B. Project Descri to ion: The applicant is proposing split the 89 acre parcel into four (4) parcels of approximately 72.6, 7.5, 6.7 and 2.6 acres in size. A sketch plan submitted with the application is shown on page 4 "' S III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations state that "No more than a total of four (4) lois, 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; No pre -1973 deeds were submitted with the application. Based on records in the Clerk and Recorders Office. The parcel existed as a 100 acre parcel in 1984. In 1984, a 10 acre parcel was separated from the body of the Ranch, but no exemption resolution could be found in County records. Based on the 1 cre spli , three (3) parcels can be created through the exemption process. The proposed exemption would create four (4) separate parcels, although tw (2) parcels are split by the County road. Based on prior interpretations by the BOCC, the application appears to be consistent with the exemption regulations. B. Zoning. All of the exemption parcels are consistent with the required two (2) acres minimum lot size for the A/R/RD zone district. C. Legal Access. The parent parcel is accessed directly from) County Road 113. The existing road splits the proposed Lots 2 and 3 from the body of the ranch (see sketch plan on page' 4 • ). Lot 1 also has access directly from County Road 113. Based on the sketch plan, no easements are necessary to provide access to each parcel. D. Water and Sewer. The applicant will serve the parcels with two (2) separate well permits that allow for a total of five (5) dwelling units. Staff referred the application to the State Engineer's Office. No response has been received to date. Staff would suggest that a favorable response from the State be a condition of approval. Sewer will be provided by ISDS. Soils on the site include five separate soil types (acree, arle, ansari, grotte, jerry, and torriorthents), all which are considered to have severe constraints for conventional septic tanks and leach fields due to slow perc rates and depth to bedrock. Staff would suggest that a plat note be used to address this constraint. E. 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. F. Drainage. No drainage easements appear to be necessary, but should be verified on the field by the applicant's surveyor. • G. Fire Protection. The site is not located within any fire protection district. H. Easements. Any required easements (drainage, access, utilities, etc..) will be required to be shown on the exemption plat. I. School Impact Fees The applicant will be required to pay the $200.00 per lot impact fee prior to the approval of the final plat. J. Natural Hazards. Stair referenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is located within an area identified as having severe constraints for ISDS. Staff suggests that this constraint is addressed by the proposed Plat Note. K. Compatibility with Ac(jacent Land Uses: Staff notes that the majority of parcels in the area within Garfield County are in the 60 to 100 acre range. The proposed exemption is consistent with underlying zoning, however represent a dramatic change in the character of the adjacent land uses. Staff has had conversations with adjacent property owners, who have made the same observation. Section 8.60 (B) requires that the Board of County Commissioners consider compatibility with adjacent land uses. DI. 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. RECOMMENDATION At Staff would prefer that the applicant pursue 35 --splits to ensure compatibility with adjacent land uses, however the criteria cited above has not been applied to this extent. If the Board feels that the exemption is consistent with the Subdivision Regulations, Staff recommends the following conditions: 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, 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 Impact Fees for the creation of the exemption parcel. 5. That the following plat note shall appear on the Final Exemption Plat: "Soil conditions on the site may require engineered septic sytems. Specific ISDS needs on the site will be based on percolation rates at the time of building permit." 6. A favorable response from the State Engineer's Office must be received prior to the signing of an exemption plat. 7. Control of noxious weeds is the responsibility of the property owner. 8. All construction shall be consistent with USFS Wildfire Prevention Guidelines. iA GR a 9}�. , II L Fp.s-r f 4 OF 1, -vs -, 4o"X„ SLb94a- . 1 A't_c- tbTS M C Pp it-- ,- t o . a4'4D dieRS -,¢.b•M5 C&NbAbT \(. (, rip , .1 eS1s d tZ. a l &IVST li (4a ,-•ctfsaP t 06/0 e. •