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Home My WebLink About2.0 BOCC Staff Report 10.12.1998p _Pahl`= AkAice M AIG s fZEtur2..0 2t4U.. PT 311. r 1)41 E pk,i910 V€gyp iZ BOCC 10/12/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Sarah McNulty LOCATION: A tract of land located in portions of Section 9,10 & 15, T7S R87W of the 6th P.M.; approximately six (6) miles northwest of Carbondale, off the Upper Cattle Creek Road. SITE DATA: Division of one (1) 602 acre tract into three (3) parcels of 10.0, 10.0 and 582.0 acres in size. WATER: Well SEWER: ISDS ACCESS: Access easement from Upper Cattle Creek Rd. EXISTING/ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site for the exempted lots is located in the Low Density Residential District (10 and greater ac./du) as designated by the 1994 Garfield County Comprehensive Plan's Proposed Land Use Districts, Cattle Creek Area Map. H. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located approximately six (6) miles northeast of Carbondale, off the upper Cattle Creek Road. • • B. Project Description: The parent tract of land to be subdivided consists of 602 acres, and the proposal calls for creating a total of three parcels of 10, 10, and 602 acres. Access to all parcels will be via an access agreement. 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 applicant's family has owned the property prior to 1962 and there have been two previous splits by exemption, therefore the application qualifies for the requested exemptions. 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 Cattle Creek Road. The access easement all parcels will have to be at least 25' in width, meeting the minimum frontage on a public road required by the regulations. The access easement will have to be legally described on the exemption plat required prior to finalizing the exemption. The proposed plat indicates that the western section of the easement is 60 feet in width, the entire width of the easement will need to be identified on the plat. D. Water: The applicant is proposing the use of wells for all three parcels. E. Sewer: The existing house has an Individual Sewage Disposal System that is functioning presently. The remaining lot has adequate area for an 1SDS. 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 suggested by the previous plat note. G. Drainage:The parcels to be created by exemption, in their natural state, are potentially subject drainage and/or flooding problems. Site specific geotechnical and engineering work for potential development sites will be required for any future development. • s H. Fire Protection: The applicant has included a letter from the Carbondale and Rural Fire Protection District, who noted that the property is in the district and can only be served by water supplies contained on mobile fire apparatus. 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: 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. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, 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. 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". ti( e Ltd- r --' 1.111 4).YI 1414C 8 ,,►ila�l� M I i -- 'i Vilt* p(61 -1A0 -(e Yvvi( 43- 91. . A' `: 4.0 1 it, -:4,21' •