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HomeMy WebLinkAbout2.0 Staff ReportExhibits for Johnson Exemption Public Hearing held on May 12, 2003 Exhibit Letter (A to Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations D Garfield County Comprehensive Plan of 2000 E Garfield County Subdivision Regulations Staff Memorandum F G Application H PROJECT INFORMATION AND STAFF COMMENTS REQUEST: OWNER (APPLICANT): PROPERTY LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: STAFF RECOMMENDATION: BOCC 05/12/03 FAJ Exemption from the Definition of Subdivision Edward and Janell Johnson 0555 Cactus Flats Road 11.66 acres Shared Well (permit #125572) ISDS (existing) Cactus Flats Road A/R/RD Approval with conditions. I. DESCRIPTION OF THE PROPOSAL A. Property Location / History The subject property, containing 11.66 acres, was created by Exemption in 1979 and memorialized in Resolution 79-26. That action created only three lots leaving the ability to create one last lot which is the subject of this application. The property is located on Cactus Flats Road (a non-exclusive easement / ROW) from County Road 112 in the Missouri Heights area north of Carbondale adjacent to the Up Cattle Creek Subdivision. As noted in the application, the Board of County Commissioners granted a Special Use Permit to the property owners for an Accessory Dwelling Unit (ADU) in 1999 and is memorialized in Resolution 99-056. As a result, the 11.66 acre property contains one primary and one accessory dwelling served by individual ISDS, sharing a well, and accessed by Cactus Flats Road. B. Development Proposal The owners request approval from the Board of County Commissioners to subdivide their 11.66 acre property into two lots of 4.6 acres (Lot 1) and 6.9 acres (Lot 2) each using the Subdivision Exemption process. This lot split will effectively convert an existing ADU into a primary unit on one of the lots. • • C. Applicability Section 8:10 provides the Board of County Commissioners the discretionary power to exempt a division of land from the definition of subdivision and, thereby, from the procedure in Sections 3:00, 4:00 and 5:00, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. II. GENERAL COMPLIANCE WITH THE COMPREHENSIVE PLAN The property is located in Study Area 1. The area is designated as "residential low-density" which suggests a density of 10 or more acres per dwelling unit. III. STAFF COMMENTS A. Subdivision Regulations Section 8.52 of the Garfield County Subdivision Regulations states 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 Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use 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 otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January 1, 1973, will count as parcels of land created by exemption since January 1, 1973." Staff Finding The original parcel, owned by Robert Morris, contained 35 acres on January 1, 1973. The subject property, containing 11.66 acres, was created by Exemption in 1979 and memorialized in Resolution 79-26. That action created only three lots leaving the ability to create one last lot which is the subject of this application. The property qualifies for this Exemption. Staff finds this standard to be met. B. All Garfield County zoning requirements will be met Staff Finding The property is zoned A/R/RD which requires a minimum lot size of 2 acres. The proposed lots will not exceed this minimum standard as the lots to be created are 4.566 acres and 6.861 acres. Staff finds this standard to be met. C. Legal and Physical Access Section 8:52 C states: "All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained, or are in the process of being obtained"; 2 • • Staff Finding The property to be split currently has access from Cactus Flats Road which serves all of Up Cattle Creek Subdivision. It is a 50 foot wide non-exclusive easement and right-of-way for roadway access and utilities. Each newly created lot would maintain their currently established driveways from Cactus Flats Road. Staff finds this standard to be met. D. Water Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot"; Staff Finding The property contains a well (permit #125572) that serves the primary unit as well as the ADU. Because the effect of this Exemption would place the ADU on its own new lot, the owners are required to effect a well sharing agreement between the two lots to legally establish ownership, use, and maintenance responsibilities. Staff has included this as a condition of approval. Even though the well currently exists, the owner will be required to conduct a 4 hour well test to determine quality and quantity. This is also included as a condition of approval. E. Sewer "The Board shall not grant an exemption unless the division proposed for exemption has satisfied the following criteria: Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type ofsewage disposal to serve each proposed lot"; Staff Finding The property contains a primary dwelling unit and an ADU which are both individually served by ISDS. Staff finds this standard to be met. F. All state and local environmental health and safety requirements have been met or are in the process of being met Staff Finding There are no additional state or local health or safety requirements to be met as a function of this Exemption. Staff finds this standard to be met. G. Drainage Staff Finding No provisions for road or storm drainage improvements are necessary for this application. All the current roadways or driveways have been in place for years. Staff finds this standard to be met. 3 • • H. Fire Protection Staff Finding The application contains a letter from the Carbondale and Rural Fire Protection District stating the property is currently located within the service area the district will be able to provide both fire and ems service to the properties. Staff finds this standard to be met. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained Staff Finding The property contains a well (permit #125572) that serves the primary unit as well as the ADU. Once the property is split, the ADU (retuning to a primary use) will be located on the northern 4.6 acre lot (Lot 1) and the primary dwelling unit will be located on the southern 6.9 acre lot (Lot 2) which also contains the well. Because the effect of this Exemption would place the ADU on its own new lot, the owners are required to 1) effect a well sharing agreement between the two lots to legally establish ownership, use, and maintenance responsibilities, and 2) create a well easement from Lot 2 to Lot 1. This easement shall be depicted on the Exemption Plat and recorded in the County clerk and Recorder's Office. J. School fees, taxes and special assessments have been paid. Staff Finding The new lots to be created are located in the RE -1 School District. The applicant / owner shall submit the applicable School Site Acquisition Fee ($200) for the creation of the exemption parcel prior to approval of the exemption plat. IV. STAFF RECOMMENDED FINDINGS 1. That proper posting and public notice was provided as required 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 has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of the Garfield County Subdivision Resolution of 1984 a.a. Section 8:00, Exemption. 4 • • V. STAFF RECOMMENDATION Staff recommends the Board of County Commissioners APPROVE this application for a subdivision exemption with 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. The Applicant shall inventory the property for any noxious weeds and provide a map and management plan to the Garfield County Vegetation Director for approval for any weeds that are found on the property prior to the submission of the Final Plat. 3. That the applicant shall have 120 days (until 08/11/03) to present a plat to the Commissioners for signature from the date of conditional approval of the exemption; 4. The Applicant shall submit a final exemption plat indicating the legal description of all the lots created, dimensions and areas (in acres) of the lots, and all easements (such as the access and well easements) encumbering the property. 5. Because the effect of this Exemption would place the ADU on its own new lot, the owners are required to 1) effect a well sharing agreement between the two lots to legally establish ownership, use, and maintenance responsibilities, and 2) create a well easement from Lot 2 to Lot 1. This easement shall be depicted on the Exemption Plat and recorded in the County clerk and Recorder's Office. 6. As a result of this conversion of the ADU to a primary unit on its own lot, the Special use permit status for that property will become null and void. 7. That the applicant shall submit the applicable School Site Acquisition Fees for the creation of the exemption parcels prior to approval of the exemption plat; 8. The access roadways to the lots shall be maintained adequately to accommodate the weights and turning radiuses of emergency apparatus to permit access during adverse weather conditions. 9. That the following plat notes shall appear on the Final Plat: a) No further divisions by exemption from the rules of Subdivision will be allowed. b) No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 5 • r c) All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d) Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. e) Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non - negligent agricultural operations. f) All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. g) One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries. 10. Prior to the signing of a plat, the Applicant shall provide proof to the Building and Planning Department that a well test has been completed for the accessory dwelling unit on lot 1 which demonstrates an adequate pump rate and water quality pursuant to subset a — g below. If the aforementioned proof is not submitted, the Applicant shall be required to conduct a well pump test that demonstrate the following points: a. That a four (4) hour pump test be performed on the well to be used; b. A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d. 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; e. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; f. If the well is to be shared, a legal, well sharing declaration which discusses all 6 r • easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs; g. The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. 7