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HomeMy WebLinkAbout4.0 Staff Report BOCC 06.07.99PREYIOUS BOARD ACTION: REQI]EST: APPLICA]TIT: LOCATION: SITE DATA: WATER: SEWER: ACCESS: E)ilSTING/ADJACENT ZOITIING: BOCC 6t7t99 At the request of the applicant, the Board chose to CONTINUE hearing of the application to the June 7 hearing. The applicant has provided to staffthe requested information required for the application. An exemption from the definition of subdivision. IvIJN Land Investrnents A tact of land located in portions of Sections 2 &3, T8S, R88W of the 6th P.M.; Located approximately 314 miles southeast of Carbondale, offState Hwy. 133 38.31Acres Town of Carbondale/ Existing well ISDS State Hwy. 133 A/R/RD PROJECT II\TFORMATION AND STAFF COMMENTS RELATIONSIIIP TO TIIE COMPREM,NSTVE PLAN The site for the exempted lots is located in the medium Density Residential District (6 to less than l0 ac./du ) as designated by the 1994 Garfield County Comprehensive Plan's Proposed Land Use Districts. II.DESCRIPTION OF THE PROPOSAL Site Desuiption: The properly is located proximate to Carbondale. The site is gently sloping to the north, with minor drainages and elevation changes. (See location map pg.lQ_) Project Description: The parent tact of land to be subdivided consists of 38.31 acres The current proposal indicates the creation of four exemption parcels of 30.671, 2.642,2.031, and2.967 acres. All Lots are proposed to utilize a single well permit with an applied for surface storage system, and all lots are proposed to use ISDS. Access is offCR 111 with a single road easement IIr.MAJOR ISSUES AIYD CONCERNS Subdivision Regulations. Section 8.52 of the Garfield County SuMivision Regulations states that "No more than a total offour (4) lots, parcels, interests or dwelling units will be createdfrom any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's ffice onJanuary l, 197i, and is not a part of a recorded subdivision; however, arry parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or naturalfeature, preventing joint we 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 otherwis e applicable ; " The applicant, has provided sufficient historic evidence through deeds for the exemption. See Book 280Page283. Zonrng The proposal meets the criteria of a two (2) acl:e minimum lot size as required by the A/R/RD zone district. Legal Access: Legal access will be provided State Hwy. 133, a copy of the access permit has been provided. It is unclear how the property will be accessed from the State Highway. The applicant should provide a route map to the site and indicate any easements which may exist. The applicant has provided proof of adequate easement from Mr. Klien, adjacent property owner, but the agreement will require finalization prior to recordation of the final exemption plat. Water: The applicant has obtained Town water taps for two lots, with the existing well on the 30 acre parcel serving two lots. The application does not indicate if separate irrigation water is to be provided to A. A. B. B. C. D. the lots. The applicant should provide a method for large area irrigation given the size and location of the lots. E. Sewer: All lots have adequate area for an ISDS, but site specific soils investigation and engineering may be required to safely place any system. F. State and Local Health Standards. No State or Local health standards are applicable to the application, with the excepion 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 parcel to be created by exemption, in its natural state, does not appear to be prone to flooding or other drainage problems. Site specific investigation prior to issuance of a building permit may be required. H. Fire Protection: The applicant should include an updated letter from the District detailing fire suppression service based on crty tap water pressure. 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 each newly created lot, prior to the approval of the final plat. RECOMMEIYDATION Staffrecommends APPROVAL, with the following conditions of approval: l. That all representations ofthe applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions ofapproval. 2. 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. That the applicant shall have 120 days to present a plat to the Commissioners tbr signatwe from the date of approval ofthe exemption. That the applicant shall submit $200.00 in School Site Acquisition Fees for each exemption parcel. 3. 4. 6. 7. 5. That the following plat notes shall appear on the Final Exemption prat: "control of noxious weeds is the responsibility of the property owner.,, "one (1) dog will be allowed for each residential unit within a subdivision ;:ffiXj[:.ilo *t dog shall be required to be confined within rhe owners property "No open hearth solid-fuel fireplaces will be allowed anywhere within asubdivision exemption. one (1) new solid-fuel burning stove as defied by c.R.s.25-7401, et. seq.., and the regulations promulgate;,h;;;;; *iil;Jiroweo inany dwelling unlt. All dwelling units will bJaflowed an unrestricted number ofnatural gas burning stoves and appliances,,. "All exterior lighting be the minimum amount necessary and that all exteriorlighting be directed inward, towards the interior of the subdivision exemption,except that provisions may be made to allow for safety lighting ttrat goes beyondthe property boundaries ". "Garfield county l:Bs a Right-to Farm-and-Ranch regalation, which recognizes theimportant contribution agriculture makes to this couity. Nuisance comptalnts madeagainst customary and legal agricultural operations ano practices will not bepursued.,, "Specific geological hazards may be encountered during the placement of structuresand septic systems. site specific analysis for placemant may be required.,, Repair and maintenance of the access easement shall be the responsibility of theproperty owners subsequent to recordation ofthe subdivision exemption. That the applicant provide a final copy of the "Amendment A,, to the easementagreement dated 5ll2l99 between the applicant and Joe & Shirley Kline, with saidagreement being to the satisfaction ofthe county Attorney. That the applicant amend the deed of adjacent property owners Robert and SusanReed to include a permanent easement agreement for rrr.g.ncy access, with saidagreement being to the satisfaction of the cotrnty Attorney. Prior to the applova-l of an exemption plat, the applicant will demonstrate that allwells will meet the following: 8. 9. 1) 2) That a four (4) hour pump test be performed on the wel to be used;A well completion report demonstrating the depth of the welr, the characteristics of the aquifer and the static water level; The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; The water qualrty be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; If any well is to be shared, a water sharing agreement will be filed with the exemption plat that defines the rights of the property owners to water from the well. That the applicant provide a well sharing agreement for the existing well and the proposed exemption parcel not served by the Town of Carbondale. 3) 4) s) 6) 7) 10. REos\r @,oA ru FIRE.EMS.RESCUE December 17,1999 Mark Bean Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 RE: M. J. N. Subdivision ExemPtion Dear Mark: I have met Mark Nieslanik and reviewed the final plar drawings for the proposed M'J'N subdivision. The fire district had commented prei'iously in 1997 regarding the access to the ;6;t. Mark and I discussed the emergency access easement that had been sought to the south of Lot ..D,, and that they were unabG to obtain an easement from the adjoining property owner. The access to the development is acceptable $'ithout the emergency easement considering the proposed number and density of the lots' The developers have received approval from the To\\'n of carbondale to connect to the tou'n water system. Theypropose extending a six-inch water main to Lot "A'o and installing a fire hydrant along the road near the hairpin curve. The proposed location for the hydrant is acceptable. The new lots created in the development are subject to impact fees adopted by the District' The developer will be required to enter into an agreement rviththe District for the payment of -l^r Eail#ilil;;;;'fres. rhis payment i: Jr: prior to *.. T""^',1iyl:T:9:t:: -::',:::"ffi"ffiio. *i*jot impact fee adopted by the District at the time the agreement is executed' The current impact fee is $417 per lot' Please contact me if you have any questions' Bill Gavette Fire Marshal Cc: Mark Nieslanik Carbondale & Rural Fire Protection District 300 Meadowood Drive. Carbondale, GO 81623 '9701963'2491 Fax 963-0569 December 5, 7999 Dear Mark, Mike, and Matt, We have given careful consideration to your request that we allow emergency access through our property for the subdivision you are in the process of making. We do not want to be included in any way with your plans. IIe hope there are no hard feelings and we wish you we1l. Sincerely, Bob Reedw/-K*4 Susan Reed 5,^D1617A December 15,L999 Dear Mark, Mike, and Matt, Per our conversation with Mark after you received our letter of December sth, we are once again letting you know that we do not want to be included in your subdivision plan. We have given careful consideration to this. We hope there are no hard feelings and we wish you we1l. Sincerely, W-y/r"(Bob Reed 5;6-ez"s- Susan Reed