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Home My WebLink About2.0 Staff Report BOCC 04.12.1993PROJECT INFORMATION AI{D STAFF COMMENTS BOCC Ut2fir3 An exemption from the deflrnition of subdivision. Robert and Wanda Nieslanik A parcel of land located in Lot l, Section 11, T8S, R88W of6th P.M.; Located on the east side of County Road 153, approximately one (l) mile east of State Highway 133, one (1) mile south of the Town of Carbondale. The site is approximately 140.16 acres. Proposed well Proposed I.S.D.S. Direct access from County Road 153 A/R/RD A/R/RD RFQTTESt APPLICANT: LOCATION: sITE rrATA: IIATER: SE[/ER: ACCESS: EI(ISITING ZONING: ADJACENT ZONING: RFI ATIONSHIP TO THE COMPRFHFNSIVF PI AN The site is located in District A - Town of Carbondale Urban Area of Inlluene as designated on the Garfleld County Comprehensive Plan Management Districts' Map. NFSCRIPITON Ot. TT{F PROPOSAI A. Site Descriftio$i. f[e parcel is bordered on the west by County Road 153, just 1 (one) mfle #fiHH$ of the Town of Carbondale. The parcel is located in gentle, rollinglandtypically ofareaslocated below Mt. Sopris. Thesiteincludes amobile home that the applicant's intend on removing following the exemption request. A vicinity map is attached oo pugr -*. Adjacent land uses include irrigated agricultural land and single family residential uses (see land use map on page - / - ). Project Descnntion: The applicant is requesting an exemption to split the subject property into two (2) separate parcels of approximately 3.53 and 136.63 acres in size. The applicants have submitted a sketch plan of the proposed exemption parcel (plat to be presented at public hearing). No easements appear on the exemption plat. Rackground: Based on a review of records in the Garfield County Assessot's and Clerk and Recorder' office, the parent parcel consisted of approximately 140 acres in 1958. Therefote, up to 4 (four) lots can be created by the exemption process. The paroel is not located in a recorded suMivision. In the application, the Nieslanik's state that they wish to sell the paroel because it no longer fits in with th_ e existing ranch. A copy of the applicant's cover letter is attached on page - ? - . III. MAIOR ISSTIFS ANTT CONCFRNS Subdivision Regulations. Section 8.52 of the Garfreld County Subdivision Regulations state tlat "No more thaa a total offour (4) lots, parels, iatetwts or dwelliag uaits will b created from any parel, as that parel was dwiW ia the rwords of the Gafield couaty clerk and Recorderb olfice on ranuaqt l, 1973, aad is aot a part of a twordd suMiuision; however, aayprel to b dividd by exemption that is split by a public right-ofway (State or Fdaat h igh way, Coua ty road or railroad) or na twal fea t ure, preven tingjoia t use of the propod tructs, aad the diwsioa oocurc along thepublic rigbt-ofrway oraatunl fature, such parels thereby uated may, ia the diwetion of the Board aot b conside,rcd to.have ben created by exmptioa with regard to thefow (4) ilot, paroel, interqt ordwelliag uait limitation otherwire applicabte; As discussed above, the exemption request is consistent with requirements of Section 8.52. - ,ing. All of the parcels created surpass the two (2) acre lot minimum for the A/R/RD zone district. I 'gal Access. The parcel to take access direcfly off of county Road 153. Therefore no access easements are required. Water and Sewer. The apptcant currently has a domestic well (*162930). The well allows for ordinary household uses inside two (2) singl+family dwelling units. The existing structure on the exemption parcel currently uses this well permit. Based on discussions with the State Engineet's Office, this meets the requirements of both_the State and the County. A copy of the well permit is attached on page -3- . Sewage disposal for these parcels is proposed I.S.D.S. The Soil Conservation Service for the Rille Area classifies the soils on the site to include the Tridell - Brownsto Unit. This unit is classified as having severc restrictions for ISDS systems due to slope and poor filtration characteristics. Staff suggests that the following plat notDappear on the exemption plat: B. c. A. B. C. D. 2 "Due to potential soil constraints on the site, the exemption parcel may be subject to the requirement of an engineered wastewater treatment system. At the time of building permit application, proof will be required by a licensed Colorado Engineer regarding specific ISDS needs on the lot." State and Local Health Standards. No State or Local health standards are applicable to the application. rrrainage. No drainage easements appear to be necessary, but should be verifred on the field by the applicant's surveyor. Fire Protection. The proposed exemption is located in the Carbondale and Rural Fire Deparhent District" and the Fire District had no comments on the proposd exemption (see letter orpage -!l-). Easements. No easements are indicated on the sketch plan. The Final Exe,mption Plat must include ac@ss ease,ments, water easements (if necessary) and any easements necessary for ditches and drainage. School Tmfact Fees. The additional lots are subject to the required $200.00 per lot school impact fee. J. Natural Hazards. Staff referenced the Lincoln - Devore Laboratories Natural Hazards Mapping for the site. The proposed exemption is not located within an a"rea of Soil, Slope, or Groundwater/Septic System constraints. IV. SUGGESTE,rI FN\IDII\IGS 1. That proper posting and public notice was provided as required for the meting before the Board of County Commissioners. 2. Thatthemeetingbeforethe BoardofCounty Commissionerswasextensive and complete, that all pertinent facts, matters and issues were submifted 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 Garfreld County. V. RECOMMENNATTON Staffrecommends APPROVAL ofthe application, subject to the following conditions: 1. Thatallrepresentations oftheapplicant, eitherwithin theapplication orstated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Ere,mption Plat will be submitted, indicating the legal description ofthe property, dimension and area of all proposed lots or separate interests to be created, acoess to a public right-of-way, and any proposed easem.ents for drainage, irrigation, access or utilities. E. F. G. H. I. 3. 4. That the applicant shall have 120 days to present a plat to the Commissionerc for signature. Extensions of time may be granted if requested prior to the expiration date. That the applicant submit $200 in School Tmpact Fees for the creation of each new lot. A driveway permit, if necessary, shall be obtained from the Road and Bridge Department prior to the issuance of a building permit. Control of noxious weeds is the responsibility of the property owner. ?tAr t.tcnE PAfrNh goru co^ti?RA,{rl (e+q € 3 oF9406F ge+og<c) [P7rom 7-o DP*-- 5. 6. 7. 4