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Home My WebLink About2.0 Staff Report BOCC 03.17.08Exhibits for pubric Hearing on03rl7r2008 -Nieslanik Exemption (Bocc) Mail Recei Proof of Publication Garfield Resolution of 1978, as amended Garfield Subdivision of 1984. as amended Garfield Plan of 2000 Staff Memorandum BOCC 03t17t2008 cR Nieslanik Subdivision Exemption PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT ' OWNER LOCATION SITE DATA WATER SEWER ACESS EXISTING ZONING Exemption from the Definition of Subdivision Paul and Celia Nieslanik County Road 100 (Snowmass Drive), Carbondale, CO 66.017 acres, Parcel No. 239334400009 Well ISDS County Road 100 Agricultural Residential Rural Density BOCC 0311712008 cR Nieslanik Subdivision ExemPtion PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT ' OWNER LOCATION SITE DATA WATER SEWER ACESS EXISTING ZONING Exemption from the Definition of Subdivision Paul and Celia Nieslanik County Road 100 (Snowmass Drive), Carbondale, CO 66.017 acres, Parcel No. 239334400009 Well ISDS County Road 100 Agricultura! Residential Rural Density Town of Carbondale, Golorado BOCC 03t17t2008 CR PROPOSAL The Applicants, Paul and Celia Nieslanik are requesting approvalfrom the Board of County Commissioners (the Board) for an Exemption from the Definition of Subdivision (Exemption). lf approved, the Exemption will create two (2) lots from a 66.017-acre parcel. '; ".j 1'k;rfi-;;.d.4 It *ilr$Eitt-t :. ,. ....... =1;;:"1:;, l, ;.:: ji 1. XlI :r:: ',:i . aillii ' : ti t:::::::t::::: t......r : .., r $If$ ,, ,l li i l31Ll rirrIt l$n b l ffi t*a I RELATIONSHIP TO THE COMPREHENSTVE PLAN The subject property is located in Study Area 1 of the Comprehensive Plan of 2OOO and is designated Residential Low Density, which has a density requirement of 10+ acres per dwe!!!ng unit. The proposed Exemption's gross density of approximately 33 acres per dwelling unit generally complies with the Garfield County Comprehensive plan of 2000. II PROJECT DETAILS I u bd ivig ion Exem ption Req u lation/Propertv E t iq i b i I itv Section 8.52 of the Garfield County Subdivision Regulations (Subdivision Regulations) states that "No mote than a total of four (4) lots, parcels,infercsfs or dwelling units wiit be cpated frcm any parcel, as that parcelwas described in the records of the Garfield County Clerk and Recordefs Office on January 1, 1973. ln order to qualify for exemption, the parcel as it existed on 2 BOCC 03t17t2008 cR January 1, 1973, must have been larger than thirty five (35) acres in size at that time and not a paft of a recorded subdivision; however, any parcel to be divided by exemption that rs sp/rT by a pubtic right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, 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 dwetting unit timitation otherwise applicable. For the puryoses of definition, all tracts of tand thitty tive (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 Findinqs T6@pertyconsistedof64.155acresonJanuary1"t,1973.TheApplicants recently added 1.862 acres to the subject property via a boundary line adjustment. This addition to the subject propefi does not affect the subject property's eligibility to pursue the requested Exemption. Water/Sanitation Water is provide to the subject property via an existing "Exempted We!!'. The existing well will continue to serve Parcel 2 and the existing structures located on said parcel. The proposed Parcel 1 is to be served by a new well augmented by a Basalt Water Conservancy District Contact. Staff has included four (4) recommended conditions of approval regarding the proposed well (Conditions 2-5). As represented, wastewater will be managed via ISDS. The subject property does not appear to be encumbered with environmental constraints preventing the placement of an ISDS. ZoninE ffre suUject propefi is located within the Agricultural Residential Rural Density (ARRD) Zone District. As required by S 8:52 of the Subdivision Regulations of Garfield County of 1984, the Applicant's proposal as represented conforms to all County zoning requirements. Access The proposed exemption lots will utilize a shared driveway with access from County Road 100. The application included an Access Agreement. The proposed easement shall be demonstrated on the Exemption Plat. 3 BOCC 03t17t2008 cR III STAFF RECOMMENDED FTNDINGS 1- That proper posting and public notice was provided as required for the public hearing before the Board of County Commissioners; 2. That the public hearing 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, and welfare of the citizens of Garfield County; 4. That the application has met the requirements g8:00 of the Garfield County Subdivision Regulations of 1994, as amended; IV STAFF RECOMMENDATION Staff finds, the proposed Exemption complies with g8:00 of Garfield County Subdivision Regulations of 1984, as amended and recommends the Board of County iommissioners ?PPPfe the request for an Exemption from the Definition of Subdivision for parcet number 239334400009, with the following conditions of approval: That all representations made by the Applicant in a public hearing before the Bo.ard of County Commissioners shal! be considered conditions of approval unless otherwise amended or changed by the Board; The Applicant shall provide an approved well permit prior to Staff presenting the Exemption Plant to the Board of county commissioners for signature; The Applicant shall provide a water quality analysis conducted on the proposed lot prior to Staff presenting the Exemption Plat to the Board oi iounty Commissioners for signature; The Applicant shall provide an approved Basalt Water Conservancy District Contract prior to Staff presenting the Exemption Plat to the Board for signature; The Applicant shall provide the results of a pump test (4hr minimum) conducted on the proposed well after completion; The proposed access easement shall be depicted on the Exemption plat; 1. 2. 4. 6. 4 BOCC 03t17t2008 CR 7. The Applicant shall include the following text as plat notes on the final exemption plat: a. Control of noxious weeds is the responsrbility of the property owner. b. One (1) dog will be allowed for each residential unit within a subdivision exemption and the dog shall be required to be confined within the ownefs property boundaries. c. No open hearth solid-fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid-fuel buming stove as defied by C.R.S. 25-7- 401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrcsticted number of natural gas buming sfoves and appliances. d. Att exterior lighting shatl be the minimum amounf necess ary and that atl exteior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaies. Colorado is a "Right-to-Farm'Sfafe pursuant fo C.R.S. 35-3-101, ef seg. Landowners, rcsrdents and visitors must be prepared to accept the activities, srghfs, sounds and smells of Garfield County's agriculturul operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching secfor. Ihose with an urban sensitivity may perceive such activities, sighfs, sounds and sme//s only as inconvenience, eyesote, noise and odor. However, Sfafe law and County policy provide that nnching, farming or other agriculturul activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non-negligent manner. Thereforc, all must be prepared to encounter noiseg 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, sorT amendments, herbicides, and pesfibides, any one or morc of which may naturally occur as a part of a legal and non-negligent agricultural operations. All owners of land, whether ranch or residence, have obligations under Sfafe law and County regulations with regad to the maintenance of fences and inigation ditches, controlling weeds, keeping livestock and pets under contrcl, using prope$ in accordance with zoning, and other aspecfs of using and maintaining property. Resrdenfs and landowners are encouraged to leam about fhese ights and responsibilities and act as good neighbors and citizens of the County. A good introductoty source for such information is'A Guide to Rural Living & Small Sca/e Agiculture' put out by the Colondo Sfafe University Extension Office in Garfield County. e. BOCC 03t17t2008 CRg. Addresses are to be posted where the driveway intersects the County road. lf a shared drivewayis used, the address for each home should be posted to clearly identify each address. Leffers are to be a minimum of 4 inches in height, % inch in width and contracts with background color. 6