HomeMy WebLinkAbout2.0 Staff Report BOCC 11.9.92a
PROJECT INFORMATION AND STAFF COMMENTS
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REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
ZONING:
SURROUNDING ZONING:
BOCC llt9/92
Exemption from the Dehnition of
Subdivision
Walter and Sondra Daugherty
A tract ol land located in a portion of
Section 3, T.85., R.88W.; more practically
described as a tract of land located
approximately l/4 mile south of
Carbondale
A10.27 acretract to be divided into 3lots
Town o[Carbondale
Individual Sewage Disposal System
State Highway 133
A/R/RD
NORTH:
SOUTH:
EAST:
WEST:
fuR/RD
fuR/RD
Town of Carbondale
fuzuRD
I. RELATIONSHIP TO THE COMPREHFNSIVE PLAN
The tract of land is located in District A, Carbondale Urban Area of Influence. The
application has been relerred to the Town for review and comment.
II. PRO.IECT DESCRIPTION
Site l-tescrintion: The property consists of river bottom land and a bench sitting
approximately l5 ft. above the bottom land. The Town of Carbondale has an
existing well and water chlorination facility in the river bottom on the south end
ofthe property. The applicant's house sits on the bench area, separated from the
bottom land by an irrigation ditch that runs south to north through the
property. The majority of the property is used for raising livestock.
Descrintion o[the Pronosal: It is proposed to split a 10.27 acre tract into three
parcels of 4.69 ac,2.85 ac. and 2.73 ac.. The applicant is negotiating with the
Town of Carbondale to get additional water taps from the Town's water system
(See attached map page"-&-). Individual sewage disposal systems will be
used for the two proposed lots. Access to the existing house is in place off of
A.
B
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State Highway 133. The two new lots will share a common access off of State
Highway 133 approximately 650 ft. north of the existing access.
III. MAJOR ISSUES AND CONCERNS
S ubdivision - Section 8 : 00 allows a property owner to request an exemption from
the dehnition of subdivision lor up to four (4) lots from a tract of land as it
existed on January 1,1973 and provided they can meet certain criteria. The tract
in question was last conveyed in 1971 and as such qualihes to request a split of
the property by exemption. Technically, the Town of Carbondale has a portion
of the property conveyed to it in 1976, as perpetual easements for the existing
well. This has in the past not been considered an exemption that counts against
the four allowed, due to the public entities right of condemnation.
Zoning - The tract is zoned A/R/RD, which allows a minimum lot of two (2)
acres. All lots proposed are at least 2.0 acres in size.
Water - The applicant has proposed to use domestic water from the Town of
Carbondale. The agreement submitted with the application has not been signed
at the time of this report being written. Both parties were continuing to discuss
issues related to the agreement. Prior to any hnal approval, proof of a signed
agreement or some other acceptable source of domestic water will need to be
submitted to the County.
D Sewer- Theapplicant proposes to useindividual sewagedisposal systemson the
two new parcels. The Town of Carbondale has expressed concerns about the
possible contamination of the proposed new Town well. Unless documentation
can be submitted that demonstrates to the Board's satisfaction that no
contamination will occur, any new systemshould be designed by aprofessional
engineer, have a monitoring system and be subject to approval by the Town's
engineer. Another suggestion would be to move the north property line of Lot
2 to the North, to allow for the maximum separation between any new ISDS and
the new proposed Town well.
E.Access - Access to the two new lots is a proposed driveway offof State Highway
133. Prior to linal approval of any exemption, a copy of an approved State
Department of Transportation access permit should be submitted to the
Planning Department.
IV. SIIGGESTED FINDINGS
A.
B.
C.
F. Easements - All easements of record should be shown on the exemption plat.
G. Town of Carbondale - The Town has noted a number of issues and subject to
meeting certain conditions, recorlmended approval of the exemption (See letter
pages
-2'!
r.
I The proposal is in general compliance with the Garfield County Comprehensive
Plan and Garfield County Zorung Regulations.
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The proposed exemption is consistent with the criteria necessary to qualify for
an exemption.
The proposed exemption is consistent and compatible with the existing
surrounding land uses.
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.
V. RECOMMENDATION
APPROVAL, with the following conditions of approval:
All representations of the applicant shall be considered conditions of approval
unless otherwise stated by the Board.
The applicant shall have 120 days to complete the required conditions of
approval. Extensions of 120 days at a time may be granted by the Board, for a
period of up to one (l) year lrom the date of the decision.
Prior to signing the resolution of approval and exemption plat, the following
documents will need to be submitted to the Planning Department:
a) A copy of a signed agreement between the applicant and the Town of
Carbondale approving additional water taps for Lot I and Lot 2nrctb*preef
.of a legal end edequate sou
.PngUeer+gfnee; Bivl .
b) A copy of an approved highway access permit for a common ac@ss to Lots
1 and 2 ftom the State Department of Transportation.
the Town of Carbondale.
, Sueh systers sheutd inclurl.'nnnil o+i
@.
The exemption plat should have the following information:
a) A plat note stating that only engineered individual sewage disposal systems
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wills'/t*-dbe allowed on Lots I ard2. *ha A//- 'L
ev.t//4 enra^**S €da/2
8t Al/easemen ts of record andlagreed to by the applicant and the Town of
Carbondale be shown on the plat.4;a
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