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HomeMy WebLinkAbout2.0 Staff Report BOCC 07.17.00REOUEST: APPLICANT: LOCATION: SITEDATA: WATER: SEWER: EKSTING AND ADJACENT ZONING: PROJECT INFORMATION AND STAIIF COMMENTS BOCC 71r',712000 Exemption from the Definition of a Subdivision. Timothy M. Nieslanik, represented by Schenk, Kerst & deWinter, LLP 0534 County Road 100, Carbondale, CO. A tract of land situate in Sections 2 and3, Township 8 Soutlu Range 88 West and Section 34 arrd 35, TownshiP 7 South, Range 88 West all of the 6ft Principal Meridian. A37.lOZ acre parcel to be divided into two tracts of land, one approximately 2 acres and one of which will be approxirnately 35.102 acres. Adequate water for domestic and lawn inigation comes from Mineral Springs and ditch water rights. ISDS, permit number 2014 The subject property is zoned A./R/RD, as is the surrounding properties. RELATIONSHIP TO TI{E COMPREIIENSIVE PLAN The subject property is located in Study Area I of the Comprehensive Plan. While the proposal is considered a high density residential (2 or less acres per dwelling unit) in an area designated medium density area (6-9 acres per dwelling unit) its impacts on the area should be negligible, DESCRIPTION OF T}IE PROPOSAL Site Descriotion: The parcel is located immediately south of County Road 100 and approximately one half mile east of County Road t0l. The properly has been improved by the placement of a residence. The two-acre parcel of land is mostly flai, however the remaining thirty-five acres inclines somewhat sharply to the south. Project Proposal: The applicant is proposing to split a37.102-acre parcel into two parcels of approximately 2 and35.l02 acres each. Historv: This 37.102 acre piece of properly comes from the purchase of a 306.15- acre piece of properly in 1969. After said date there were several additions and deletion ofland but none that reduced the originat 306.15 acres below the 35-acre thresh-hold. In l99l two of the original purchaser's (brothers) deeded their share of the land to Paul and Celia Nielanik. In 1992 Paul and Celia Nielanik deeded to their b. son Timothy 35.66 acres of land. After a boundary line adjustment in 1997 this 37.L}2-acre parcel of land came into being. II.MAIOR ISSI]ES AND CONCERNS SubdivisionRequlations: Section 8.52 of the Garfield County Subdivision Regulations states that, "No more than a total offour (4) lots, parcels, interests or dwetling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's ffice on Januaryl, 1973. ln order to qualify for exemption, the parcel as it existed on January I , 1973, must hqve been larger than thirty-five acres in size at the time and not a part of a recorded sabdivision; 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), preventing the joint use ofthe proposed tracts, and the division occurs long the pubtic 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 lot, parcel, interest or dwelling unit limitation otherwise applicable. For purposes of the definition, all tracts of land thirty-five ctcres or greater in size, created after January l, t973,will count as parcels of landcreatedby exemption sinceJanuary l, 1973. This request meets these criteria in the following ways: Only two (2) lots will be created if this request for exemption is approved. The parcel of property to be divided was created after the Januaryl, 1973 deadline but conforms to the regulation by being 35 acres in size or greater after that date. Zonrng: The zoning on the target property is A/R/RD and it is surrounded by other property with the same zoning. The applicant has built a residence on the land where this 2-acre parcel will be. A single-family dwelling unit on a two-acre parcel of land is a Use by Right in this zoning district. Lesal Access: Access to tlre 2-acre parcel will be directly offof County Road 100 from an existing driveway. Water: A Water Resource Investigation has been conducted by Resource Engineering and they have concluded the following: Demand The proposed water use associated with this 2- acf:e parcel includes in-house use of one single-family residence and outside lawn irrigation of approximately 5,000 square feet. In total, the residence will require approximately 0.75 acre-feet of water annually. Of this amoun! 0.3 acre feet will be consumed and 0.5-acre feet will return to the stream system as irrigation and return flow and treated affluent Water Rights The Mneral Spring and ditch water rights are owned by Paul and Cecelia Nielanik. The spring originates from a natuml draw located south of the subject property. The water diverted into a pipeline and delivered to the residence. The spring produces a large quantity of water year-round varying from 0.5 cfs in the winter to several cubic feet per second in the summer. The water originates at a geological contact between overlying alluvial deposits and the Eagle Valley Evaporite formation below. The Spring was adjudicated for domestic, irrigation and stock water uses on October 17, L957 with an appropriation date of May I, 1914 (date of first use). Although this date is considered relatively junior in priority, it is protected from downstream water right calls because it is a beneficiary of resewoir releases from Green Mountain Reservoir under the Bureau of Reclamation's "historic user pool." B. C. D. In summary, it is the opinion of the hydrologist that conducted the test that the Mineral Spring and Ditch water right will continue to provide both reliable physical and legal water supplies to serve the Tim Nieslanik properly. Of the 2.5 cfs total water rights decreed to the spring, Resource Engineering has calculated that 0.06 cfs (25 gpm) should be dedicated to the property to insure that the domestic and lawn irrigation water uses can continue to be firlly supported. In the future, should a water well be needed it must meet the following criteria: 1) 2) 3) 4) s) 6) 7\ That a four hour pump test be performed on the well to be used; A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; The results of the four hour pump test indicating the pumping rate in gallons per minute and information showing down draw and recharge; A written opinion of the person conducting the well test that this well should be adequate to supply to the number of proposed lots; An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons ofwater per person, per day; The water quatity be tested by an approved laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; A water sharing agreement will be filed with the exemption plat that defines the right of the property owners to water from the well. Currenfly this properly is being served by an ISDS, Permit Number 2014. F. E. Sewer: G. State and Local Health Standards: Colorado Department of Public Health and Environmental ISDS standards require the County to issue an ISDS permit for all such systems installed in the County. At this time there is one ISDS operating on this property (permit number 2014, issued 25'l,l.tg:)21 Drainage: This parcel is located outside the floodplain and therefore has minimal susceptibility to fl ooding. Fire Protection: The Carbondale & Rural Fire Protection District is responsible to provide fire protection to this site. Water supplies for fire protection would initially be limited to water carried on responding fire apparatus. Additional water needs would have to be supplied by tanker shuttle. The new lot created by the proposed exemption is subject to impact fees adopted by the District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. This payment is due prior to the recording of the final plat. Fees are based upon tlre per lot impact fee adopted by the District at the time the agreement is executed. The current fee is $417 per lot; this will be a condition of approval. Easements: Any required easement (drainage, access, utilities, etc.) will be required to be shown on the exemption plat. School Imnact Fees: The applicant will be required to pay the $200 school site acquisition fee for each newly created lot, prior to the approval ofthe final plat. RDCOMMENDATION Staff recommends Approval of this request for an Exemption from the Definition of Subdivision with the following conditions: H. J. IIL .a A:4.{ieslanik Exemption l. All school site acquisition fees will be paid and a copy of the receipt made part of this file. 2. Impact Fees as outlined by the Fire Protection District in their letter dated 5 Apr 2000. 3. That 0.06 ds (25 gpm) is dedicated to the property to insure tlnt the domestic and lawn irrigation water uses can continue to be firlly supported.