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Home My WebLink About2.0 BOCC Staff Report 04.08.1991• • BOCC 4\8\91 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An Exemption from the definition of subdivision. APPLICANT: Dr. James K. Weaver LOCATION: A parcel of land situated in Tracts 49 and 50, Section 32, T5S, R88W of the 6th P.M.; located at the north end of C.R. 12 9 (No Name Road) in No Name approximately 1/2 mile north of the I-70 - No Name Interchange. SITE DATA: A 1.65 acre tract of land. WATER: Community water system SEWER: I.S.D.S. ACCESS: C.R. 129 EXISTING ZONING: R/L/SD - Residential/Limited/ Suburban Density ADJACENT ZONING: O/S (Open Space) and R/L/SD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Public Lands/Unclassified as identified on the Garfield County Comprehensive Plan Management Districts map. • II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located on both sides of No Name Road at it northern terminus. No Name Creek forms a portion of the western boundary with the remainder abutting the county road right-of-way. The bulk of the property is located on the valley floor, while a portion consists of the steeper side slopes at the beginning of the north -south trending canyon. Improvements on the subject property include three (3) single family residences with garages and assorted outbuildings. The property is traversed by waterline (See enclosed maps) and powerline easements (City of Glenwood Springs). B. Request: The applicants are requesting an exemption from the definition of subdivision to allow the 1.65 acre parcel to be split into 4 lots of .49, .48, .40 and .26 acres in size. C. Background: The residences were originally constructed on lands leased from the U.S.F.S. The leased land included four lots, the three largest developed with residences and the fourth remaining undeveloped. The property was recently exchanged from federal ownership to private ownership. In March, a zone district amendment • • from O/S to R/L/SD was approved by the Board of County Commissioners. The zone district amendment was the first step in creating separte ownership interests for each of the separate parcels. The second phase was the approval of variance for the deviations from minimum standards outlined in the Zoning Resolution. The final step is the exemption request to separate the parent parcel into separate lots. III. MAJOR ISSUES AND CONCERNS 1. The Garfield County Board of Adjustment approved variances for 3 of the 4 lots in the proposed subdivision exemption. These variances included a reduction in the allowable minimum parcel size in the R/L/SD zone district, a reduction in the minimum parcel size for lots with central water and I.S.D.S. and a reduction in the front and side yard setback areas. No variances were approved for that lot depicted as #3 on the proposed exemption plat. The Board of Adjustment felt that this lot was undevelopable and variances were not warranted. Since the applicant's goal is to sell Lot #3 to the owner of Lot #2, none of the three families involved are denied a homesite. 2. Each of the proposed lots is served by the No Name Creek Water User's Association community water system. 3. The proposed lots are served by the Glenwood Springs Rural Fire Department. 4. Each of the three lots are served by pre-existing non- conforming wastewater systems. The replacement or expansion of a system would require that system to be constructed in conformance with current I.S.D.S. standards. Due to soils limitations, engineered systems may be required. IV. REQUIRED FINDINGS 1. That proper posting and public notice was provided as required by law 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 of the exemption request with the modification that approval be for 3 lots instead of the 4 requested and that approval be subject to 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. That the applicants shall comply with all conditions of approval and submit an Exemption Plat within 120 days of Board of County Commissioners approval unless on extension of time is granted by the Board of County Commissioners prior to the expiration of the 120 day time limit. • 3. That proposed Lot #3 shall be merged with proposed Lot #2 and be depicted on the exemption plat as one lot. 4. That the following notes shall be included on the exemption plat: a. No further exemptions shall be granted for these lots. b. The expansion or replacement of wastewater systems may require design and certification of installation by a professional engineer. c. The expansion or replacement of the existing residences may require soils reports and/or foundation designs prepared by a registered professional engineer. cI . Li e s a.ve 11rc p la, e- eo, ems`,% Pe. rz, ler £44' /✓C 7e 4 klt. 12_5 w�AVC 2 - Zen ^ESA u ( 601%L4 • s ye./ ra 5 -pfd cAe__ �> ra ) /ere ✓u ,u-,. 9 v ,i)e-At 1 /� • tt; N.'ton OOOOOOO Par ;14 • .,„—rearrt..........- 111111111111111/111111111111111•1111111 LEGEND CITY LIMITS AREAS TO REMAIN DESIGNATED AS FLOODPLAIN AREAS TO I3E REMOVED FROM FLOODPLAIN DESIGNATION 7 MITCHELL CREEK FLOODPLAIN PROPOSED MAP REVISION FEBRUARY, 1991 -"5710. ,.se�rr�w 1111%. ENARTECH Inc. CONSIILIINO ENGINEERS AND HYDROLOGISTS P.O. DRAWER 160 OLI NW000 SPRINGS, COLORADO 61602 I303) 945 2236 I - 70 INTERSTATE 70 Ow TnC 11TAir PJ • HE- SIXTH PRIPCIf'AL MERIDIAN, COLORADO. WURVEY AND TRACT SEGREGATION 4' �v `is b .TR is0 40 o h/ti.t.' °//W/N /5 f 6G 03e 5.tzz_el SSt��Tie 0.64 / ss 0.4740 3 TR 506 1.25 /5.44 &L 0 A history of surveys is container notes. This plat represents the retraceh of the First Standard Parallel St boundary), a portion of the Elevc Meridian West (east boundary, T. the dependent resurvey of a porti Standard Parallel South (south bt, portion of the Eleventh Guide Mei boundary, T. 5 $., R. 89 W.), deL the corners in their true origini, according to the best available c survey of a portion of the Sectii Meridian, a portion of the subdiv and the survey of Tracts 49 and R. 88 W., Sixth Principal Meridib All tract segregations shown here position and form of said tracts by the United States Forest Servi / tie `• " L , 1 /`- � �LL 7t;(.11t-t-!-Jr �,��ti LCC'l, V� G ZCJ it -1‘.60 N o-vt _ ert.[.0 l.(/, 12C1 (14-4-i- I -4-i-t . O'czi,zit t�<<�r/7 Sec. 35 Sec. 361/ 1 ImP Survey executed by David L. Branh Mac Donald, Cadastral Suryevors, I.ay 1, 1961, and completed Octobe, pursuant to Special Instructions April 20, 1981, and Supplemental : Instructions, dated August 2. 198 No. 709, Colorado. UNITED STATES DEPARTMENT OF TI BUREAU OF LAND MANAGEMI Denver. Colorado This plat is strictly conformable field notes, and the survey, havil executed in accordance with the ri aring of N.02 06'00"E. and not the accuracy of surveys, -51-101 and 102 (revised). ' County Surveyor registered land surveyor Il this plat Is o true, a; laid out, plot led, to from on accurate survey of • rrectly shows the location I sold subdivision as the npplicabte regulations N ANGLE PT. 12 - 7 0 ANGLE N. 03 I IPI IF/,I' L0'1' 3 No 0.208 Ac. f I I PINE 1REE Jf 98�Bi 1'+9 99 SPRING Il. Ir r SPRING 110USE I ' 3 ' - SIIED r.lou:.E —ANGLE PT. 11 N O ANGLE PT. #4 - LOT 2 0.489 Ac. t Pin CENIERIJNE 10' UTILITY EASEMENT ARAGE 560 N �g 2� , n DRIVE GARAGE 22. REBAR AND CAP LS. 119598 10 BE SET (TYPICAL) BANGLE PT. /6 re LOT 1 0.493 Ac. t 0 B.L.M. CAP FOUND IN PLACE (TYPICAL) ANGII: Pf. N5 1' AI He e -i CO Tr. fe. all B.I Tr: 0.' EXEMPTI this __ Garfield accuralr Garfield Witness • CLERK ANI Th Garfield