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Home My WebLink About2.0 Staff Report BOCC 11.17.94ExA zle- ErB sE- *,1- #;f;Jffiffi""r REQTIEST: APPLICANT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING/ADJACENT ZONTNG: BOCC ttnD4 An exemption from the definition of subdivision. Kafhy McCreary A tract of land located in Section 10, T7S, R92W of the 6th PM, located along the north side of County Road 113 (Cattle Creek Road), approximately three (3) miles east of State Highway 82. 5.23 aqepat#t Well ISDS Cattle Creek Road A/R/RD PROJECT TNFORMATION AND STAFF COMMENTS I. II. REI ATIONSHIP TO THIE COMPREHFNSI\rF PI AN The site is located in District F - Rural Areas Major Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. site Descrintion: The site is located on the north side of County Road ll3, approximately three (3) miles from State Highway 82. Theproperty is located on the north side of the County Road, and includes a portion of the steeper hillside. An existing home, (white/green 1880's two-story) is lccated on the western portion of the site. A vicinity map is shown on page t 5 . , apd an improvement survey showing the proposed lot split is shown on pagf-3 t-. Proiect Dercrifrtion: The applicant is proposing to split the 5.23 acre parcel into two (2) tracts of approximately 2.0 and3.23 acres in size. o r- A. B. III. MAJOR ISSITFS ANN CONCFRNS Suhdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations state 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 Garflreld County clerk and Recorder's offrce on January l, 1973, and is not a part of a recorded subdivision; however, any paroel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County roadorrailroad) ornatural feature, preventingjoint useofthe proposed tracts, and thedivision occursalongthepublicright-of-way ornatural feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemrption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicabre; The 5.23 acre parcel was part of a26.acre tract in 1968 @ook 39g, page g2, Reception #242190). rn lg76,Georgewhipple created a 5 acreanda2lparoel by the exemption process. The 2l acre parcel has not been further split. Therefore, the request is consistent with Section 8.52. Due to theminimurn lot size of two (2) acres in the A/R/RD zone district, only two (2) parcels can be created from the five (5) acre tract. One exemption tract can still becreated from the 2l acre parcel. - ning- Both exernption parcels are consistent with the required two (2) acr€s minimum lot size for the A/R/RD zone district. kgal Access. The parent parcel is accessed direcfly from County Road ll3. Cattle Creek Road is quite narrow through this section, and tapers to a singte lane ofapproximately l2fetdirectly adjacent to theexisting house. Thespeed Iimit through this section has been reduced to 15 miles per hour. Discussions with King Lloyd indicate that the ability of this section of road to handle additional traffic will be compromised by fuitheroremptions grantd in the area. Adjacent property owneni have also voiced concern regar{ing the impact of the exemption on the County Road (see tetters on pug..k l$. The current exemption regulations do not specifically address county road impacts, but staffwould argue that two references in Section 8.0 (Exemptions) gives the Board the authority to consider access in their review. Section 8.10 (Applicability) reads as follows: "The Board of County commissioners has the discretionary power to exempt a division of land from the deflrnition of a subdivision and, thereby from the procedure in these regulations, provided that such exemption will not inpair or ddeat the stated purpose of the subdivision Regulations nor be detrimental to the general public welfare'(emrphasis added). section 8.52 (Review criteria) includes the following specific criteria: "Provision has been made for any required road or storm drainage improvements." A. B. c. -2o D. It is difficult for staff to determine if the word "required" is referring to improvements prior to the exemption request, or rather conditions of approval tied to a specific application. State statute as well as case law requires that any condition placed on the development must bear an "reasonable" relationship to the relative impacts ofthe exemption. Due to the inadequate roadway width and design deficiencies ofthe portion of thecounty road adjacent to theproject, the cost associated with improving the road to current standards cannot be placed entirely on Ms.McCleary. However, staffhas significant concerns regarding the future subdivision of other parcels in the area to the existing2-acre minimum lot size allowed under the fuR/RD zone district. The infrastructure deflrciencies present constraints to any increase in densities in the area, and can only be overcome within significant investment. Staff is concerned with placing the County in a similarposition as the Four Mile Corridor, where significant development was allowed to continue without any long-range capital investment plans to address traffrc, water and sewer impacts. Water and Sewer. The applicants intend on serving the additional parcel using an additional well. The State Engineer's Offrce has not responded to the application. SCS soil profiles for the si[e include MorvaUTridell (#87), Earsman (#33) and Fluvaquents (#42). All three of these soil types areconsidered to have "SeverE' constraints to both ISDS and residential structures. Staffwould suggest aplat note requiring engineered septic tanks and leach Frelds. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Deparfinent of Health ISDS setback standards, which should be verified by an engineer. rrrainage. No drainage easements appearto be necessary, but should be verified on the field by the applicant's surveyor. Fire Protection. The Carbondale & Rural Fire Protwtion Districi has not responded to the application, and staffwould suggest a letter from the District be a condition of approval. Easements. Any required easements (drainage, ac@ss, utilities, etc..) will be required to be shown on the exernption plat. School Imfract Fees The applicant will be required to pay the $200.00 impact fee prior to the approval of the final plat. Natural Hazards. Staffrefer.nr.l the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is located within an area identified as having severc constraints for ISDS, major slope constraints, major soil constraints, and both high ground water and solution of evaporite. In addition, an active fan and landslide are shown directly south of the proposed exemption. Staff would suggest that engineered foundations and ISDS be a plat note. E. F. G. H. T. J. ,3' TV. STTGGESTEDFTNDTNGS l. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That themeeting beforethe Board ofCounty Commissioners wasextensiveand complete, that all pertinent facts, matters and issues weresubmitted 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. RFCOMMENDATTON Due to the current condition of the County Road adjacent to the site, staff has serious concerns regardingcontinued approval ofexemptions in the area. Staffnotes that the entire area has been identified for 10+ 1srcs per dwelling unit, due to issues zuch as compatibility, road conditions, geologic constraints, and distance from urban servioes. Thegeologic constraints aresevere, and arewell documented bythe Soil Conservation Service and Lincoln-Devore Natural Hazards Mapping. If the Board finds that the road is adequate and the physical constraints can be mitigated, stalf would suggest the following conditions of approval: That all representations of the applicant, either within the application or stated at the meeting before the Board olCounty 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 lot, access to a public right-of- way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 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 tmpact Fees for the creation of the exemption parcel. 5. That the following plat note shall appear on the Final Exemption Plat: "Dueto geologic hazards on the site, engineered foundations and septic systems will be required at the time of building permit submittal.', 6. control of noxious weeds is th; risponsiuitity of the property owner. 7. The applicant shall submit approval from the Carbondale and Rural firre Protection District prior to signing an exemption plat. 8. Thatifanadditional drivewaywillbeneededfromtheCountyRoad,adriveway permit shall be obtained from the Garheld County Road and Bridge priorto the presentation of a final exernption plat.- . F-*evt?rroJ aeJraP bvf*) l. 3. 4. -Drcc++ - - Ptt-trfi e-a+< t-lPrr I so(rtou , o1 a