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Home My WebLink About2.0 Staff Report BOCC 09.07.93EI A BTE, Es c 9,?, ?rL Q'l'1) l,€ttta Fft'{ DAA I(.'F3T RITQUFST: APPT ICANT: LOCATION: SITF ITATA: WATFR: SII}YFR: ACCESS: EXISTING ZONING: AnIACITNT ZONTNG: L II. The site is located in District B - SubdivisionvRural serviceable Areas (MinorEnvironmental Constraints) as designated on the Garfield County Comprehensive plan Management Districts, Map. Fite Descrintion: The parcel is located on the east side of the Roaring Forkvalley, known locally as Missouri Heights. The Eagle county rine is located beyond a secondary access road on the east side of thJproperty. Adjacent rand uses inclu{e several single-family dwelling units in the i<irg', Row su6ivision, and grazing land/hay fields. The property slopes gently from the northwest to the southeast at gradesestimated at 5 to _15 percent. vegetation consists of native grasses andsagebrush. No dwefling units are currently on the property. A vicinity map isattached ,npay-lk-. A cover retter from Jim Adams is attached on page-/7- u\ clstEn.s)' lr€.6t6\,1 BOCC 9nD3 PROJECT INFORMATION AND STAFF COMMENTS An exemption from the definition subdivision. Diane Joseph Moore (Jim Adams) A parcel of land located in a portion of Section 28, T7S, R87W of 6th p.M.; Located between Carbondale and El Jebel, offof County Road 102 (Missouri Heights). 39.776 Acres Well Proposed ISDS Access Easement from County Road 102 A/R/RD A/R/RD o12o B. Project rrescrirrtion: The applicant is requesting an exemption to split the 39.776 acre parcel into three (3) parcrls of 13.12, 13.26 and 13.38 acres in size. The applicant has submitted a sketch plan of the proposed exemption parcel, as shown on page - /f' III. M"AI(|R ISSUFS ANN CONCFRNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations state that "No mote than a total of four (4) lots, parels, intercsts or dwelling units will b crcated from any parel, as that parel was described in the rccords of the Garfield County clerk and Recotderb Oflice on lanuary l, 1973, and is aot a part of a rccorded subdiuision; howeve4 any paret to be diuided by exemption that is spht by a public righhoFw,ay (State or Federal highway, Countyroad orrailroad) ornaturalfeatute, preventingjoint useofthe proposd tracts, and the di uision occurc along the public rigltt-ofr way ornatunt feature, such parwls thercby aeated may, in the discrction of the Boatd, not be considercd to have ben ctuted by exanption with rcgard to the four @ tog parel, intercst ordwelling unit limitation otherwise applicabte; Records in the Garlreld County Clerk and Recorder's Oflice indicate that the paroel was approximately 39 acres in size in July of 1967. (Book 3g5, page 573). Based on Section 8.52, the property is eligible for four (4) parcels through the exemption process. Additional splits are possible through the full subdivision process. Toning. AII lots conform to the two (2) acre lot minimum lot size for the A/R/RD zone district. r'gal Access. The applicant is proposing to acoess the proposed lots via a deeded easement, referred to as Harmony Road. Harmony Road, which provides acce{s to County Road 102, was dedicated to the public through a subdivision approved in EagleCounty. Although peculiar, the Row wasnot formally recorded in Garfield County, so it is not considered a public right-of- way for purposed of ensuring acoess to a public right-of-way. The recorded deed (Book 381, pages 266-70) grants an undivided one-Iifth interest to five individuals. Since the parcel cannot be traced back to one of the original fiveproperty owners, theapplicant wasrequired to obtainaneasement agreement with Kip Kgfki. .Documentation regarding the easement agreement is attached on page$ /qA'. Water and Sewer. The applicant has obtained a domestic well permit to allow for domestic use within three (3) dwelling units and irrigation of not more than one acre of land for each dwelling unit. A copy of the well permit is attached on page:12.-. A copy of well test documentation indicates that the well produces in excess gf 30 GPM (see letter from Ruan sarnuelson on page ^23- l. Individual ISDS is proposed for each lot. Soil units of the site include Forelle and Brownsto. These soil types present only moderate constraints to ISDS with regards to slope. As indicated above, the sl<ipes on the site do not appear to exceed 15 percent. No plat notes appear necessary in regards to ISDS feasibility. B. C. D. o 17. E.State and I ocal Health standards. No State or Local health standards areapplicable to the application T)rainagQ' No drainage easements appearto be necessary, but should be verifiedon the field by the applicant,s surviyor. trire Protection- The proposed exemption is located in the Carbondale andRural Fire Protection District. Ron Leach has reviewed the project, andrecommended that the houses be equipped with sprinkrer systems and a 2000gallon water cistern be.made a condition of approval. Mr. Leach,s letter isattached on page -dr'' . Ii^sements' The Final Exemption Plat must include acce&s easements, water easements (ifnecessary) and any easements necessary for drainage. Ifthe Boardrequires tbat acistern be available on the site, apprlpriate easements will alsobe necessary School rmnact Feqs. The additional lots are subject to the required $200.00 perlot school impact fee. Natural Hazards. Stalf referenced the Lincoln - Devore Laboratories NaturalHazards Mapping for the site. The proposed exemption is not located within anarea of soil, slope, or Groundwater/septic system constraints. F. G. H. L J. fV. SIIG{GFSTFIrlrrNrrnvcs That properposting and public notice was provided as required for themeetingbefore the Board of County Cemmissiqnsls. That themeeting before the BoardofCounty Commissioners wasextensive andcomplete, that all pertinent facts, matters and issues were submitted and that allinterested parties were heard at that meeting. That for the above stated and other reasons, the proposed exemption is in thebest interest of the hearth, safety, morars, convenience, order, prosperity andwelfare of the citizens of Garfield County. v.RFC(IMMFhJF TION 1. 3. l. 2. That all representations of the applicant, either within the application orstatedat the meeting before the Board of County Commissioners, shall be consideredconditions of approval. A Final Exemption PIat will be submitted, indicating the legal description of theproperty, dimension and area of all proposed lotsor separate interests to becreated, daccess to a public right-of-way, and any proposed easements fordrainage, irrigation, access or utilities. That the applicant shall have 120 days to present a plat to the commissionersfor signature. Extensions of time may b. gfanted if requested prior to theexpiration date. -lt o 5) .) 6 That the applicant submit $200 in School Impact Fees for the creation of each new lot. Control of noxious weeds is the responsibility of the property owner. A 2000 gallon cistern will be placed on the property for fire protection purposes. Evidence of installation will be submitted to the Planning Department prior to the signing of a Final Exemption Plat. 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