HomeMy WebLinkAbout2.0 BOCC Staff Report 02.22.1994• •
(BOCC 2/22/94
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision
APPLICANT: Michael and Julie Kennedy
LOCATION: Located in a portion of Section 28, T7S,
R88W of 6th P.M.; Located approximately
one (1) mile northwest of the Town of
Carbondale, between SH 82 and the
Roaring Fork River.
SITE DATA: 4.68 acres
WATER: Well with West Divide Contracts
SEWER: I.S.D.S.
1 4 V;LL.QIS
ACCESS: Easement Agreement from Unocal ( ook
638, Page 226 (Reception No. 347060))
EXISTING/ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO TIIE COMPREHENSIVE PLAN
The site is located in District F - Rural Areas / Severe Environmental Constraints as
designated on the Garfield County Comprehensive Plan Management Districts' Map.
H. DESCRIPTION OF THE PROPOSAL
A.
B.
Site Description: The exemption parcel is located along the west bank of the
confluence of the Roaring Fork and Crystal Rivers, northwest of the Town of
Carbondale. The parcel is a portion of historic river -bottom grazing land. The
property is located on a primary bench of the river, and is undeveloped with the
exception of an existing access road, a small metal building and a pump house.
Adjacent land uses include irrigated agricultural land and single family
residential uses (see vicinity map on page s- 7 ).
Project Description: The applicants are requesting an exemption to split the 4.68
acre parcel into two (2) tracts approximately 2.34 acres each in size. The
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applicants have submitted a sketch plan indicating the proposed split (see sketch
plan on page ). The applicants cover letter is shown on page. 9
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state 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 descnbed in
the records of the Garfield County clerk and Recorder's Office on January 1,
1973, and is not a part ofa recorded subdivision; however, any parcel to be
divided by exemption that is split by a public right-of-way (Slate or Federal
highway, County road or railroad) ornatural feature, prevenlingjoint use ofthe
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;
B.
Records in the Garfield County Assessor's Office indicate that the parcel
consisted of 4.68 acres in 1961 (Book 337, Page 532 (Reception #215705)).
Therefore, up to four (4) parcels may be created through the exemption process.
Due to the size of the parcel (4+), and the minimum lot size for the A/R/RD
zone district), the two lots account for all exemption parcels that can be
conceivably created from the parent parcel.
Zoning. The exemption parcels are consistent with the two (2) acre lot minimum
lot size for the A/R/RD zone district.
C. Legal Access. A deed submitted with the application includes an easement and
right-of-way along an unimproved road for ingress and egress as described in
Easement Agreement recorded November 1, 1983, (Book 638, Page 226). The
easement is adequate to meet the requirements for legal access to the proposed
exemption parcels. The access originates from CR 108.
D. Water and Sewer. A West Divide Conservancy Contract have been approved
for the proposed dwelling units (Contract #931012K).
No response has been received from the State Engineer's Office.
Sewage disposal for the exemption parcel is ISDS. Soil types and primary
constraints to development are shown on Table 1. Staff suggests that the
following plat note be included:
"Soil conditions on the site may require engineered foundations and
septic systems. At the time of building permit submittal, the applicant
will be required to have all structural and ISDS plans certified by a
Colorado Registered Engineer."
E. State and Local Health Standards. No State or Local health standards are
applicable to the application.
F.
Floodplain: Due the proximity of the site to the Roaring Fork and Crystal
Rivers, the property does include regulated floodplain. Staff notes that any
2
Approximate
Percentage of
Site
Evanston (#39)
Dablquist-Soutbac a (#28)
Severe: Slope
Severe: Slope
60 percent
Severe: Slope, Large
Stones
Severe: Poor
filter, large
stones
25 percent
Reth-ob Loam (#92)
Severe: flooding
Severe: wetness,
poor filter
15 percent
Source: Soil Survey of Aspen -Gypsum Area Colorado, United State Department of
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development within the Floodplain requires a Special Use Permit from Garfield
County. Staff suggests that a plat note be added to address the floodplain.
TABLE 1
SCS SOIL CLASSIFICATIONS
Agriculture, Soil Conservation Service, 1992.
Notes: Building Site Development based on a single-family dwelling unit without
basement (Table 10). ISDS constraints based on typical septic tank and leach field
(Table 14).
F. Drainage. Drainage easements do not appear to be necessary on the site.
G. Fire Protection. The Carbondale and Rural Fire Protection District has reviewed the
pro jpct, and did not indicate any objections or conditions of approval (see letter on page
H. School Impact Fees. Each newly created lot (total of 1) is subject to the required
$200.00 per lot school impact fee.
I. Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural Hazards
Mapping for the site, which indicated that the site is in an area of Soil, Slope, and
Groundwater/Septic System constraints.
IV. SUGGESTED 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 is in the
best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
3
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V. IUCOMMEN DATION
Staffrecommends APPROVAL of the application, 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. A Final Exemption Plat will be submitted, indicating the legal description of the
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, and any proposed easements for
drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners
for signature. Extensions of time may be granted if requested prior to the
expiration date.
4. That the applicant submit $200 in School Impact Fees for the creation of each
new lot.
5. Driveway permits, if necessary, shall be obtained from the Road and Bridge
Department prior to the issuance of a building permit.
6. Control of noxious weeds is the responsibility of the property owner.
7. The following plat notes shall be included on the final plat:
"Soil conditions on the site may require engineered foundations and
septic systems. At the time of building permit submittal, the applicant
will be required to have all structural and ISDS plans certified by a
Colorado Registered Engineer."
"The property includes portions of regulated floodplain. Any
development in the floodplain is subject to Special Use Permit review by
Garfield County."
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Kennedy Exemption:
Vicinity Map
Streets & Roads
!moi County Rd
N City Street
Utilities
Railroad
Stream
State Highway
w
Quadrangle Boundary
City Boundary
Rivers
Exemption Boundary
1
2
Meters
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s
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2000
4000
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Kennedy Exemption:
Flood Plain Hazards
County Road
ni
Railroad
State Highway
Flood Plain
F
Exemption Boundary
Areas of 100 -year flood taken from Flood
Insurance Rate Map, Federal Emergency
Management Agency, January 1986.
Meters
0 50 100
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Kennedy exemption:
Septic Systems Limitations
County Road
Railroad
State Highway
Se • tic Limitation
Exemption Boundary
Septic Systems Limitation shown is high
water table, which indicates water present
within 10 feet of surface. Data taken from
Lincoln-DeVore Testing Laboratory maps,
May 1976.
Meters
0 50 100
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Date:
To:
From:
January 17, 1994
Board of County Commissioners, Garfield County, Colorado
Michael and Julie Kennedy
1122 106 Road
Carbondale CO 81623
(303) 963-9449 (w)
(303) 963-2188 (It)
Please find enclosed our petition to divide the Kennedy property, Section 28, Lot
25, Township 7 South; Range 88 West of the 6th P.M., Garfield County,
Colorado, into two tracts of approximately 2.34 acres each.
We are requesting this exemption because we don't need all 4.68 acres for our
own house, and we would like to spread out the cost of the well, septic system,
electricity, and other improvements over two lots.
We have secured an adequate source of water (see attached water contract with
the West Divide Water Conservancy District), and will comply with all applicable
county and state regulations for the installation of a septic system for each lot. All
state and local environmental health and safety requirements will be met.
Thank you for your attention to this petition.
Respectfully yours,
Michael P. Kennedy
Julie A. Kennedy
slountr
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CARBONDALE & RURAL FIRE PROTECTION DISTRICT
300 MEADOHOOD DRIVE
CARBONDALE, COLORADO 81623
303-963-2491
To:
Michael Kennedy
c/o Climbing Magazine
1101 Village Road
Carbondale, Colorado 81623
Dear Mr.Kennedy:
1-3-94
This letter is in reference to your inquiry as to whether your
home is located in the Carbondale Fire District. Your residence
on County Road 109 is within the Carbondale & Rural Fire
Protection District boundaries. The District provides fire
protection and Emergency Medical Services to your residence.
If I can be of further assistance to you, please give me a call
at the station.
Thank you.
Sincerely,
Rob Goodwin
Assistant District Chief
Carbondale & Rural Fire Protection District