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HomeMy WebLinkAbout1.11 Compliance with Review CriteriaThe lot owner(s) will be responsible for ensuring that any fireplaces installed on Lot 1 conform to the applicable requirements of Section 7-401.C. The proposed lot is not located in an identified floodplain. Therefore, Section 7-401.D is not applicable. Subdivision Lots As demonstrated in this application, the area, width, frontage, depth, shape, location, and orientation of the proposed lot conform to the applicable Rural (R) zone district requirements and other applicable provisions of the County's Land Use and Development Code. The side lot lines for Lot 1 are substantially at right angles. The proposed lot is not wedge shaped, nor does it front on a cul-de-sac. Therefore, Section 7-402.0 is not applicable. Survey Monuments Survey monuments have been set at all four corners of the proposed lot as evidenced by the Final Plat. School Land Dedication The applicant will address the requirement for School Land Dedication, pursuant to Section 7-404, at the time of recording the Final Plat. Road Impact Fees The lot owner(s) will be responsible for addressing Road Impact Fees, pursuant to Section 7-405, at the time of building permit. 15. Compliance with Review Criteria (pursuant to Section 5-203.C) An application for a RLDE shall meet the following criteria: Application is in general conformance with the Comprehensive Plan, and complies with any applicable intergovernmental agreements. Compliance with Garfield County's Comprehensive Plan was previously addressed in this application. To the best of the applicant's knowledge, there are no intergovernmental agreements that are applicable to this application. Lots have sufficient legal and physical source of water pursuant to Section 7-104. This was previously addressed in this application. Lots have legal and adequate access pursuant to Section 7-107. The lot has legal and adequate access. Evidence of this is includes: (1) the Garfield County driveway permit (#034-98 D) included in this application; (2) the 30 -foot wide private ingress/egress and utility easement shown on the Final Plat; and, (3) the 30 -foot wide private ingress/egress and utility easement for the benefit of Lot 1 shown on the Final Plat. Does not create hazards identified in Section 7-108 and Section 7-205 or exacerbate existing hazards. This was previously addressed in this application. 88 Lots have an adequate water distribution system and wastewater disposal system pursuant to Section 7- 105. This was previously addressed in this application. A request for a partial waiver of Section 4-203.M. submission requirements is included in this application. Development and use of the remainder parcel shall be restricted to 1 dwelling unit plus an Accessory Structure for agricultural use. In accordance with the Deed of Conservation Easement for the "Second Donation Parcel" recorded in the Office of the Garfield County Clerk and Recorder on February 25, 2015 as Reception No. 859596, the applicant has retained the right to one 2 -acre building envelope on the 196.99 -acre parent parcel. The Deed of Conservation Easement entitles the applicant to construct one (1) residential dwelling and one (1) associated accessory dwelling unit. Therefore, development and use of the remainder of the parent parcel (that Lot 1 is being subdivided from) is restricted in accordance with Section 5-203.C.6. Proposed division and development of the land minimizes the impacts of residential development on agricultural lands and agricultural operations and maintains the rural character of lands. Proposed division and development of the land maintains the opportunity for agricultural production on the most productive and viable parcels of land. This was previously addressed in this application. 80% of the parcel is preserved as contiguous Open Space to be used as wildlife habitat, agricultural land, critical natural areas, or similar uses. Roughly 95%, or +/- 187 -acres, of the 196.99 -acres parent parcel have been protected under conservation easements granted to AVLT. Therefore, more than 80% of the subject property has been preserved for uses allowed under the terms of the conservation easement agreements, which include open space, wildlife habitat and historic agricultural uses. All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. According to the information available on the Garfield County Treasurers' website, there are no taxes that are past due for the subject property. There is a current balance of $118.72 for 2018 taxes. A Summary of Taxes Due was prepared on February 8, 2019 using the Garfield County Treasurer's website and is included on the following page. This document is evidence of the tax status for the subject property. The Final Plat meets the requirements pursuant to Section 5-402.F. The Final Plat has been prepared by Alan's Land Surveying in accordance with Section 5-402.F. 89 Summary of Taxes Due for the Subject Property Account As of Date Parcel Number Owner R050291 02/08/2019 218933300037 MCNULTY, SARAH LILLIAN Legal: Section: 33 Township: 6 Range: 87 SEC, 32: S1/2SE, NWSWSE, SEC, 33: S1/2SWSW, NESWSW. TOWNSHIP 7, RANGE 87, SEC. 4: LOT 4 (40.02 AC.), SEC. 5: LOT 1 (39.92 AC.), LOT 2 (39.76 AC.) Situs Address: Year Tax Total Due 2018 $118.72 $118.72 Total $118.72 $118.72 <publicwebuser> @ Feb 8, 2019 10:17:21 AM Garfield County Treasurer Page 1 of 1 90