HomeMy WebLinkAbout2.0 Staff Report BOCC 05.17.99O A**'?1r**#*),o re* .
BOCC slt1l99
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:An exemption from the definition of
subdivision.
Wilson Familv Trust
LOCATION A tract of land located in portions of Sections
28 and 31, T7S, R88W of the 6th P M.;
Located approximately one mile north west of
Carbondale at the intersection of County
Roads t08 & 109
52. l4 Acres
WATER Wilson Well # t
ISDS
ACCESS CR 109
f,XISTING/AD.I CENT ZONING:A"iR/RD
APPLICABILITY: Section 8. l0 allows the Board of County Commissioners the discretionary
power to exempt a division of land f,rom 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.
The Board shall make exemption decisions in accordance with the requirements of Section 8:00,
Exemption. Following a review of the individual facts of each application and in light of the
requirements of these Regulations, the Board may approve. conditionally approve or deny an
exemption request.
The Board has determined that leases, easements and other similar interests in land for oil and gas
facilities; and an accessory dwelling unit or two family dwelling that are subject to leasehold interest
only and complying with the requirements of the Garfreld County Zoning Resolution, are exempt
from these regulations.
APPLICANT:
SITE DATA:
SEWER:
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I. RELATIONSHIP TO THE CONIPREHENSIVE PLAN
A The property is located within Study Area 1, High Density Residential (less than 2
Dr"r/Ac), and in the Carbondale area of influence, of the 1994 Comprehensive Plan, as
amended.
Il. DESCRIPTION OF THE PROPOSAL
A.Site Description: The propeny is located adjacent to Sutank at the intersection of
County Roads 108 and 109. The site has historically been used for agricultural
purposes. The three lots are intended to be located north ofan existing house located
on site. (See location map pC _A_)
Project Description: The parent tract of land to be divided by exemption consists of
52. l4 acres from which four exemption parcels of 2, 2,2 and 46.12 acres in size more
or less.
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III. }I,{JOR ISSUES AND CONCERNS
Subdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations states that "No more lhan a lotal of four (1) lols, parcels, intere.\ts or
dwelling units will be createcl from any parcel, as that parcel was de.scribed in lhe
records of the Garfield (lounty ('lerk and Recorder's Office on Jamory l, 197 3, and
is rrot q part of q recorded subdivision: however, any parcel to be divided b7'
exemptiott that is split by a public right-of-way (State or Federal highwa.v, ('ounty
road or railrucul) or natund feature, preventingjoint use of the proposed tracls, and
the division ocars along the public rightof-way or natural feature, such parcel.s
thereby created may, in the discretion of the Board, not be considered to have been
crealed hy exemption with regard b the.ftrur (1) lot, purcel, interest or dwelling unil
I i m i lat i on o thenv i se app I ic ah le : "
The applicant. has provided the following proof of ownership:
Book 75 Page 130
Book 535 Page 404
Book 906 Page 414
Warranty Deed
Quick Claim Deed
The property has undergone 4 divisions since the original configuration as indicated
in the 1908 deed. All divisions occurred prior to 1973, as follows:
1908 Deed
1976 Tax Lien
1994 Deed
Book 390
Book 391
Book 391
Book;103
Page 525
Page 346
Page 347
Page 302
CRilIS
CRMS
Higgs
Snobble
Purchaser 1967
Purchaser l96E
Purchaser 1968
Purchaser 1969
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Legal Access: Legal access will be provided CR. 109. All access will require approval
by the County Road & Bridge Department and meet the 25 feet offrontage standard
as provided by Section 8:00 ofthe Subdivision Regulations of 1984 aa.
Water: The applicant is proposing the use well water for each lot created. An
existing water decree from a 1972 ruling gives the applicant the right to 0.033 cfs,
1.98 gpm, 118.8 gph or 2,851.2 gpd. The average consumptive use projection for
a single family dwelling is 3.5 people per dwelling unit, using 100 gallons of water
per person, per day. Based on these projections the applicant has roughly twice the
amount required. The applicant has also applied for four West Divide Water
Conservancy District contracts as follows:
Lot A.Application West Divide Contract #9901 13BWH#A(a), domestic,
yard irrigation, and non-commercial livestock uses requested. Flow
Meter Required
Lot B.Application West Divide Contract #9901 l3BWH#B(a), domestic,
yard irrigation, and non-commercial livestock uses requested. Flow
Meter Required
Lot C.Application West Divide Contract #9901 13BWH#C(a), domestic,
yard irrigation, and non-commercial livestock uses requested. Flow
Meter Required
Lot D.Application West Divide Contract #9901 I3BWH#l(a), domestic,
yard irrigation, and non-commercial livestock uses requested. Flow
Meter Required
A well sharing agreement has not been provided. The applicant should be required
to submit a legal and sufficient agreement prior to recordation of the final plat.
Sewer: All lots have adequate area lor an ISDS, but site specific soils investigation
and engineering may be required to safely place any system.
State and Local Health Standards. No State or Local health standards are applicable
to the application, with the exception of Colorado Department of Health ISDS
setback standards, which should be verified by an engineer, as suggested by the
previous plat note.
Geologic & Hydrologic Conditions. Soils in this area are relatively stable and may
support development ofthe proposed density. Site specific investigations should be
required and mitigation measures as suggested by a licensed engineer should be
followed.
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Fire Protection: The applicant has included a letter from the Carbondale & Rural Fire
Protection District dated 2-23-96. A more recent evaluation should be required. The
District can serve the proposed lots but be limited to 7,000 gallons of water as carried
on typical fire apparatus. The applicant will be required to pay $235.00 per lot in
District fees prior to recordation ofthe final plat.
Easements. Any required easements (drainage, access, utilities, etc.) will be required
to be shown on the exemption plat.
Drainage: The parcel to be created by exemptioq in its natural state, does not appear
to be prone to flooding or other drainage problems. Site specific investigation prior
to issuance ofa building permit may be required.
IV BOARD ACTION:At or within fifteen ( l5) days ofthe meeting, the Board shall approve,
conditionally approve or deny the exemption request. The reasons for
denial, or any conditions ofapproval, shall be set forth in the minutes
of the meeting or in a written Resolution. An applicant denied
exemption shall follow the subdivision procedure in these Regulations.
A plat ofan approved or conditionally approved exemption shall be
presented to the Board fbr signature within 120 days ofapproval The
plat shall include a legal description ofthe exempted propeny, and
Exemption Certificate, the County Sun'eyor's Cenificate and a state,
if four (4) lots, parcels, or interest have been created on the parcel,
that "NOTE: No further divisions by exemption from definition will
be allowed." The plat shall be recorded with the County Clerk and
Recorder no later than thrrty (30) days after the Chairman's signature.
The Chairman of the Board olCounty Commissioners shall not sign
a plat of a conditionally approved exemption until all conditions ol
approval have been complied with.
V. SUGGESTED FINDINGS
That proper posting and public notice was provided as required for the meeting belore
the Board of County Commissioners.
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.
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 ol
the citizens of Garfield County.
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RECOMMENDATION
Staffrecommends APPROVAL, with the following conditions of approval:
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That all representations ofthe applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area ofthe proposed lot, 25 ft. wide access to a public right-
of-way, and any proposed easements for setbacks, drainage, irrigation, access or
utilities.
That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date ofapproval ofthe exemption.
That the applicant shall submit prior to recordation ofthe final plat, $235.00 in Fire
District Impact Fees for the creation ofthe exemption parcel.
5. That the following plat note shall appear on the Final Exemption Plat
"Control ofnoxious weeds is the responsibility ofthe propeny owner."
"One (l) dog will be allowed for each residential unit within a subdivision
exemption and the dog shall be required to be confined within the owners property
boundaries. "
"No open hearth solid-fuel fireplaces will be allowed anywhere within an
exemption. One (l) new solid-fuel burning stove as delied by C.R.S. 25-7-401,
et. seq., and the regulations promulgated thereunder, will be allowed in any
dwelling unit. All dwelting units will be allowed an unrestricrcd number of natural
gas burning stoves and appliances".
"All exterior lighting be the minimum amount necessary and that all exterior
lighting be directed inward, towards the interior of the subdivision exemption.
except that provisions may be made to allow for safety lighting that goes beyond
the property boundaries".
"Carfield Counry has a Right-to Farm-and-Ranch regulation, which recognizes the
important contribution agriculture makes to this County. Nuisance complaints made
against customary and legal agricultural operations and practices will not be
pursued."
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"Specific geological hazards may be encountered during the placement of structures
and septic systems. Site specific analysis for placement may be required."
The applicant shall conform to the requirements for fire protection as indicated inthe2123/96
letter, and obtain a new evaluation ofthe proposal from the Carbondale and Rural Protection
District prior to recordation ofthe final plat.
7 The aoolicant shall orovide a well sharine
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asreement orior to recordation of,the finalua*/ Juohfi :
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