HomeMy WebLinkAbout2.0 BOCC Staff Report 02.02.2004Exhibits for Deane Exemption Public Hearing held on February 2, 2004
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A
Mail Receipts
B
Proof of Publication
C
Garfield County Zoning Regulations of 1978, as amended
D
Garfield County Comprehensive Plan of 2000
E
Garfield County Subdivision Regulations of 1984, as amended
F
Staff Memorandum
G
Application
H
I
Memo from the County Vegetation Management Director dated 1/27/04
Well Permit with Extension, Division of Water Resources
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K
Email from the County Road and Bridge Department dated 1/28/04
Memo from Carbondale Planning Director dated 1/28/04
L
Memo from Town of Carbondale Public Works dated 1/27/04
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REQUEST:
EX
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PROJECT INFORMATION AND STAFF COMMENTS
BOCC 02/02/04
FJ
1) Exemption from the Definition of
Subdivision; and
2) Flood Plain Special Use Permit
OWNER (APPLICANT): Doane H. Deane
PROPERTY LOCATION: 0477 Rose Lane (east of Carbondale)
SITE DATA: 77.8 acres
WATER: 2 wells (1 will be shared)
SEWER: ISDS
ACCESS: CR 100 ("Catherine Store Road")
EXISTING ZONING: A/R/RD
SURROUNDING ZONING: A/R/RD
COMPREHENSIVE PLAN: Residential Low Density
I. DESCRIPTION OF THE PROPOSAL
The Applicant requests two land use approvals from the Board: 1) an Exemption from Definition
of Subdivision and 2) a Flood Plain Special Use permit. Both of these requests are evaluated
together throughout this memorandum. While both are considered together, the Board should make
a determination on the Exemption prior to the Flood Plain Special Use Permit request.
a. Exemption from the Definition of Subdivision Request
The Applicant requests approval from the Board to subdivide their 77.8 acre property into a
total of four (4) lots; two lots would contain 10.4 acres, one lot would contain 11.2 acres, and
the fourth lot (remainder lot) would contain 45.8 acres. The property is located approximately
1 mile east of Carbondale on the north side of CR 100 and south and adjacent to the Roaring
Fork River.
b. Floodplain Special Use Permit
The Applicant requests approval from the Board for a Flood Plain Special Use Permit because
portions of the subject property are located in the mapped flood plain of the Roaring Fork
River delineated by the Federal Emergency Management Agency (FEMA) maps. The
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Applicant specifically requests approval to construct residential dwelling units in the flood
fringe portion of the flood plain.
II. AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
Section 8:10 provides the Board of County Commissioners the discretionary power to exempt a
division of land from 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.
Section 9.03.04 provides the Board of County Commissioners the discretionary power to approve
or deny an application for a Special Use Permit.
III. REFFERAL
The application was referred to the following entities for comment:
a. Town of Carbondale: Exhibit K and L
b. Division of Water Resources: Wells are properly permitted, Exhibit I
c. US Army Corps of Engineers: No comments received;
d. Garfield County Road and Bridge Department: Exhibit J
e. Garfield County Vegetation Manager: Exhibit H
IV. GENERAL COMPLIANCE WITH THE COMPREHENSIVE PLAN OF 2000
The property is located in Study Area 1 and within the Carbondale 2 -mile sphere of influence.
Regarding the Exemption request, the plan outlines the following:
a. Density: The area is designated as "Residential Low Density" in the plan which suggests a
very low density designation of 10 acres or more per dwelling unit. The average density
proposed is 19.45 acres per dwelling unit with the smallest lot created having over 10 acres
in size. This complies with the Comprehensive Plan suggested density.
b. County Road Profile: CR 100 (Catherine Store Road) is designated as being in "Good"
condition.
c. Visual Corridor: Yes.
d. Natural Resources: Sand and Gravel / Ground Water under 20 feet.
e. Wetland / Riparian Potential Conservation Area: Moderate Significance.
f. Flood Plain: Yes.
g. Septic System Constraints: Yes, High Water Table.
h. Wildfire Hazard: Low Hazard.
The Plan includes the following regarding development in the Flood Plain:
Section 7.0 Water and Sewer Services
Goal: To ensure the provision of legal, adequate, dependable, cost-effective and
environmentally sound sewer and water services for new development.
Objective 7.1 Development in areas without existing central water and Sewer service will
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Objective 7.3
Policy 7.1
Policy 7.3
Program 7.3
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be required to provide adequate and safe provisions for these services before
project approval.
Projects proposing the use of ISDS will be required to assess the site's
capability to accommodate these systems prior to project approval.
All development proposals in rural areas without existing central water and
sewer service will be required to show that legal, adequate, dependable, and
environmentally sound water and sewage disposal facilities can be provided
before project approval.
The County will require developers proposing ISDS to provide data that
demonstrates to the county that the proposed site can accommodate these
systems prior to project approval.
In areas identified as having severe constraints to the use of ISDS, the
developer shall install either centralized wastewater treatment facilities or
another engineered design approved by the State, or shall leave this land
undeveloped.
Section 8.0 Water and Sewer Services
Goal Protection of watersheds and floodplains
Goal The County will encourage a land use pattern that recognizes the environmental
sensitivity of the land, does not overburden the physical capacity of the land and is in
the best interests of the health, safety, and welfare of the county.
Objectives 8.1 The county reserves the right to deny a project based on sever environmental
constraints which endanger public health, safety or welfare.
Objective 8.2
Proposed projects will be required to recognize the physical features of the
land and design projects in a manner that is compatible with the physical
environment.
Objective 8.5 River fronts and riparian areas are fragile components of the ecosystem and
these areas require careful review in the planning process.
Objective 8.5 Development proposals will be required to address soil constraints unique to
the proposed site.
Objective 8.6 Development will be encouraged in areas with the least environmental
constraints.
Policy 8.1 Garfield County shall discourage and reserve the right to deny development
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in areas identified as having severe environmental constraints such as active
landslides, debris flows, unstable slopes, bedrock slices, major mudflows,
radioactive tailings, and slopes over 25 percent, riparian areas and wetlands
and projects proposed within the 100 year floodplain.
Policy 8.2 Garfield County shall discourage development proposals that require
excessive vegetation removal, cut and fill areas or other physical
modifications that will result in visual degradation or public safety concerns.
Policy 8.3
Natural drainage patterns win be preserved so the cumulative impact of
public and private land use activities win not cause storm drainage and
floodwater patterns to exceed the capacity of natural or constructed drainage
ways, or to subject other areas to an increased potential for damage due to
flooding, erosion or sedimentation or result in pollution to streams, rivers or
other natural bodies of water.
Policy 8.4 The County will require development with river frontage to address the issue -
through physical design in a way that will protect fragile wetlands and scenic
resources and protect floodplains from encroachment.
Policy 8.5 The County will discourage development in areas where severe soil
constraints cannot be adequately mitigated.
Policy 8.6 Garfield County will protect critical wildlife habitat needed by state and
federally protected, threatened or endangered species. Development within
these designations that cannot be designed, constructed and conducted so as
to have a minimum adverse impact upon such habitat or these wildlife
species, shall be discouraged; however, it is the intent of this policy, that no
private landowner lose the ability to develop his/her land without fair
compensation as a result of owning significant wildlife habitat.
Policy 8.7
Garfield County will require development on lands having moderate or minor
environmental constraints to mitigate physical problems such as minor
rockfalls, 17 to 24 percent slopes, minor mudflows, potential subsidence,
high water tables, slow percolation, radioactive soils and/or corrosive and
expansive soils.
Section 10.0 Urban Area of Influence
Goal Ensure that development and overall land use policies occurring in the County that
will affect a municipality are compatible with the existing zoning and future land use
objectives of the appropriate municipality.
Objective 10.2 Retain rural character outside of community limits.
Objective 10.4 County land use policies will be consistent with local land use policies and
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objectives.
V. STAFF COMMENTS FOR EXEMPTION REQUEST
A. Regulations for Exemption Qualification
Section 8.52 of the Garfield County Subdivision Regulations states that "No more than a total of
four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel
was described in the records of the Garfield County Clerk and Recorder's Office on January 1,
1973, and is not a part of a recorded subdivision. For the purposes of definition, all tracts of land
thirty-five (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 Finding
It appears by reviewing the two deeds in the application, the property today is the same property
which was described on a deed in 1957 thereby qualifying the property as being eligible for an
exemption from the definition of subdivision. This standard is met.
B. All Garfield County zoning requirements will be met
Staff Finding
The property is zoned Agricultural/ Residential/ Rural Density (A/R/RD). As proposed, the lots
comply with the minimum lot size. All proposed uses shall comply with the uses set forth in this
zoning and all structures shall comply with the dimensional requirements stated therein. The
proposed exemption will not conflict with the underlining zoning as proposed.
All four lots proposed to be created are located within portions of the 100 -year flood plain of the
Roaring Fork River. As such, the Applicant has also applied for a Flood Plain Special Use Permit
for development of single-family dwellings in the flood fringe. This request is contemplated by
Staff concurrently with this application. The Board will be required to make a determination on the
Exemption request prior to making a decision on the SUP request.
C. Legal and Physical Access
Section 8:52 C states: "All lots created will have legal access to a public right-of-way and any
necessary access easements have been obtained, or are in the process of being obtained";
Staff Finding
Presently, the property is accessed by the Rose Lane Extension (CR 470) which comes of CR 100
just one-half mile east of Carbondale. This road, once it meets the existing Deane property, then
turns into a 12 foot access easement that travels along the southern property line across the Deane
property providing access to three lots of the Day Subdivision Exemption ("Day Lots") just east of
the Deane property. The Applicant proposes to utilize this access easement to also serve as legal
access to Lots 1, 2, 3, and 4 of the proposed Exemption.
Because the existing access easement is in place, the Applicant proposes to modify the easement
agreement (the Memorandum of Understanding) as well as modifying the width of the easement
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(from 12' to 30') to accommodate access to the new Deane Exemption Lots to be known as the
"Declaration of Private Roadway Easement and Maintenance Obligation" (included in the
application materials) which transfers access rights and sets out required maintenance obligations
to the future owners of Lots 1 - 4 of the Deane Exemption.
D. Water
Section 8:52 D of the Subdivision Regulations states "the Board shall not grant an exemption
unless the division proposed for exemption has satisfied the following criteria: Provision has been
made for an adequate source of water in terms of both the legal and physical quality, quantity and
dependability, and a suitable type of sewage disposal to serve each proposed lot";
Staff Finding
The present property has a permitted well (originally drilled in 1945) that currently serves the
Deane residence and will continue to serve Lot 1 of the Exemption. The Applicant has obtained a
well permit from the Division of Water Resources which, once drilled, will be shared between Lots
2, 3, and 4. While this exempt well permit was issued to serve up to 3 single-family dwellings, it
has expired as of January 4, 2004. However, the Applicant subsequently received an extension for
drilling that well to January 4, 2005. (See Exhibit I)
The Applicant states that because these two wells (existing well on Lot 1 and the well to be drilled
for Lots 2, 3, and 4) are located in the Roaring Fork River Basin, production should be good. A
nearby well produces 10 gallons a minute. The Application includes a "Colorado Division of
Water Resources Field Inspection Report" completed in 2000 (four years ago) that estimates the
pumping rate to be 50 gallons a minute.
Therefore, as normally required, the Applicant shall be required to provide pump tests on both of
the wells proposed to provide water to the lots created as part of the exemption pursuant to Section
8:42(D) of the Subdivision Regulations of 1984, as amended which requires that "prior to the
signing of a plat, all physical water supplies shall demonstrate the following:
1. That a four (4) hour pump test be performed on the well to be used;
2. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
3. The results of the four (4) hour pump test indicating the pumping rate in gallons per minute
and information showing drawdown and recharge;
4. A written opinion of the person conducting the well test that this well should be adequate to
supply water to the number of proposed lots;
5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons
of water per person, per day;
6. If the well is to be shared, a legal, well sharing declaration which discusses all easements and
costs associated with the operation and maintenance of the system and who will be
responsible for paying these costs and how assessments will be made for these costs;
7. The water quality be tested by an independent testing laboratory and meet State guidelines
concerning bacteria and nitrates.
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E. Sewer
"The Board shall not grant an exemption unless the division proposed for exemption has satisfied
the following criteria: Provision has been made for an adequate source of water in terms of both
the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal
to serve each proposed lot";
Staff Finding
At present, the existing Deane residence utilizes a septic system to handle wastewater. The
Applicant proposes that wastewater from the 3 new lots will also be handled through Individual
Sewage Disposal Systems (ISDS). Because portions of the property are located within the flood
plain, the Applicant hired High Country Engineering (HCE) to examine the site regarding the use
of ISDS on Lots 2, 3, and 4. HCE provided a letter indicating the following:
The sanitary sewer for new development (lots 2-4) will be provided by engineered individual
sewage disposal systems. Due to the construction of buildings within the flood plain an alternative
ISDS design such as a moundable sand filter system will be required to elevate the leeching area
above the ground water elevation, flood water elevation, and be prepared in accordance to the
Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado State Board of
Health. It is anticipated that it will be necessary to integrate a dosing pump into each design so that
wastewater can be pumped up to the proposed absorption area.
Based on the soil types in the area, Staff shall require that the Individual Sewage Disposal Systems
shall be engineered by a Professional Registered Engineer within the State of Colorado in
accordance with Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado
State Board of Health. This shall also be included as a plat note on the final plat.
Comments from Carbondale:
Staff referred the application to the Town of Carbondale who provided the following comments as
can also be found in Exhibit K. Mark Chain stated that "the subject property lies in the Roaring
Fork River bottom land area to the east of Carbondale. This area lies within Carbondale's 3 -Mile
Plan boundary but is not included within our Urban Growth Area boundary. This area lies
upstream of our Roaring Fork well field area. The Town has no current plans to provide
wastewater service to this area in the future. The Dean property is a considerable distance from any
Town wastewater mains and it would be infeasible at this time to consider hooking up to Town of
Carbondale infrastructure. I have only done a cursory review of the application in relation to the
County Comprehensive Plan. The proposed density appears to fit into County guidelines."
Larry Ballenger, Carbondale Public Works Director, stated "he has concerns about the
development of additional ISDS along the Roaring Fork River. My concerns are centered on the
number ISDS installations that have proliferated up gradient from the community's well field.
Entire subdivisions have been approved utilizing ISDS as a means to dispose of sanitary sewage
waste. As this area continues to subdivide and develop, we will see more and more construction
utilizing ISDS as a means of sanitary sewage disposal. Without a doubt, we will begin to see a
degradation of water quality within the Roaring Fork River ecosystem if we continue to allow
ISDS as the only means of treating sanitary sewage waste.
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The Town of Carbondale's public works departments concerns are globally focused. Our water
supply and treatment process will not be adversely affected by the construction of three more ISDS
units along the river. The Town of Carbondale treats the water we pump from our well field with a
micro -filtration treatment plant. The micro -filtration plant removes constituents down to a 0.2 -
micron in size. We then disinfect the water with chlorine to remove any remaining bacteria and/or
viruses.
Existing and future wells in this area do not have water treatment facilities to help remove harmful
constituents from contaminated groundwater. Nor do they have disinfection capabilities to treat for
harmful bacteria and viruses. Although the placement of three new ISDS units do not pose a threat
to the Town's water supply system, neighboring well owners may have concerns." (Exhibit L)
F. All state and local environmental health and safety requirements have been met or are in
the process of being met
Staff Finding
The Applicant shall be required to comply with all of the standards and criteria for the construction
of ISDS as required by the Colorado Division of Public Health and Environment and as mentioned
above. There are no additional state or local health or safety requirements to be met as a function
of this Exemption.
G. Soils
Staff Finding
The property contains soil types that indicate problems for home site development due to risks of
flooding and the seasonal high water table which specifically present problems for septic systems.
As mentioned in the section regarding wastewater, HCE finds that because portions of the property
are located within the flood plain the sanitary sewer for new development (lots 2-4) will be
provided by engineered individual sewage disposal systems. Due to the construction of buildings
within the flood plain an alternative ISDS design such as a moundable sand filter system will be
required to elevate the leeching area above the ground water elevation, flood water elevation, and
be prepared in accordance to the Guidelines on Individual Sewage Disposal Systems as adopted by
the Colorado State Board of Health. It is anticipated that it will be necessary to integrate a dosing
pump into each design so that wastewater can be pumped up to the proposed absorption area.
In short, based on the soil types in the area, Staff shall require that the Individual Sewage Disposal
Systems shall be engineered by a Professional Registered Engineer within the State of Colorado.
This shall also be included as a plat note on the final plat.
Soil Type 13 Atencio Azeltine complex, 3 to 6 percent
If this unit is used for homesite development, the main limitation is small stones. Population
growth has resulted in increased construction of homes in areas on this unit. Topsoil can be
stockpiled and used to reclaim areas disturbed during construction. The gravel and cobbles in
disturbed areas should be removed if the site is landscaped, particularly in areas used for lawns. If
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the density of housing is moderate or high, community sewage systems are needed to prevent the
contamination of water supplies resulting from seepage from onsite sewage disposal systems.
42-Fluvaquepts, 0 to 10 percent slopes
This unit is poorly suited to homesite development. The main limitations are the flooding and the
seasonal high water table.
92-Redrob loam, 1 to 6 percent slopes
A high water table is at a depth of 18 to 48 inches throughout the year. This soil is subject to rare
flooding of brief duration. Ice jams may cause flooding during prolonged cold periods in winter.
This unit is used for irrigated hay and pasture or as wildlife habitat. It is well suited to hay and
pasture. This unit provides food and cover for waterfowl and other wetland wildlife. This unit is
poorly suited to homesite development. The main limitations are the wetness and the hazard of
oodin .
H. Wetlands / Vegetation Management
The property has two areas of wetlands that have been identified, delineated, and field staked by
Beach Environmental and can be found on the site plan primarily on Lots 2 and 3. The Applicant
has delineated a building envelope on Lot 2 which avoids the wetland there and expanded the
eastern lot line to the east to allow for a driveway to the building envelope. In addition, the wetland
"line" shown on the lot line between Lots 3 and 4 is associated with an existing irrigation ditch
which appears to cut across 18 feet of the proposed existing access road once it is expanded to the
full 30 feet. The Applicant also proposes to adjust the lot lines between Lots 3 and 4 so that the
ditch / wetland falls between the building envelopes to be shown on the final plat. While the
Applicant states that the wetland would disappear if the ditch is no longer in use, the Applicant
shall present an approval (nationwide permit) from the Army Corps of Engineers indicating this
can work prior to final plat.
Regarding noxious weeds, the County Vegetation Management Director provided the following
comments (also see Exhibit H):
Inventory and mapping -The Applicant has mapped and inventoried the property with the focus on
wetland delineation. I have concerns that this inventory neglected the presence of County Noxious
Weeds and would request that the applicant provide a report that addresses noxious weeds on the
property. (This has been included as a condition of approval.)
Weed Management prior to sale of lots -The Applicant shall provide a weed management plan for
any inventoried noxious weeds. (This has been included as a condition of approval.)
Weed Management after the sale of lots -I suggest that the applicant incorporate language in the
"Declaration of Private Roadway Easement and Maintenance Obligations " that addresses the
legal responsibilities of property owners to manage noxious weeds according to the Colorado
Noxious Weed Act and the Garfield County Weed Management Plan. (This has been included as a
condition of approval.)
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Common area weed management -Future weed management for the common elements within the
subdivision shall be addressed. These areas could include but are not limited to roads, utility
easements, and common open space. (This has been included as a condition of approval.)
I. Drainage / Flood Plain
The property lies within the mapped flood plain of the Roaring Fork River as verified by the
FEMA maps. The Applicant had HCE provide a survey to determine which portions of the
property are located in the flood way versus the flood fringe. The proposed building envelopes
were designed to be located within the flood fringe as shown in the application. HCE concluded
the following with respect to the proposed development in the floodplain:
1) Reviewing the available information indicates that the proposed lots will require the
placement of fill material within the floodplain limits but will not impact the floodway.
2) Approximate finished floor elevations for the lots have been added to the attached
exhibit, however, once the exact building size and location are known, a site specific
finished floor elevation will be provided for construction of the buildings. Upon
completion of construction, a floodplain elevation certificate will be completed and
submitted to Garfield County to verify construction above the floodplain.
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3) Impacts to the creek and topography from the development of this property will be
minimized by the use of onsite drainage facilities to mitigate water quality in the post -
development runoff from the site. Necessary measures will be taken during construction
to mitigate erosion and sediment- laden runoff. The modifications to the topography will
be within the 100 year flood plain and will be reviewed on a lot -by -lot basis to minimize
impacts to the floodplain. A full drainage study addressing these issues will be provided
with the preliminary plans.
The county allows development to occur within the flood fringe so long as the Applicant addresses
the necessary performance standards and obtains a Special Use Permit from the county. This is
addressed in the latter potions of this memo.
J. Fire Protection
Staff Finding
The application contains a letter from the Carbondale and Rural Fire Protection District which will
serve the property indicating that the existing turnaround serving the Day Exemption Lots is
adequate for emergency fire apparatus and the water supply for fire protection would be supplied
from responding fire apparatus (approx 7,000 gallons) with additional water supplied by shuttle.
The District approves of the proposal so long as the following items are met which have been made
a condition of approval and shall be placed on the final plat as a plat note.
a. The access road shall have a minimum unobstructed width of 20 feet, a vertical clearance
of 13'6"shall be required, and the road shall be of a design capable of supporting the
imposed load of the emergency apparatus and shall be of an all-weather design.
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b. Defensible space should be created around all structures built on property to prevent the
spread of wild fire to the structures.
c. Applicant shall pay impact fees to the District at $417 per lot at the time of final plat.
K. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained
Staff Finding
There are two specific easements on the property: 1) the access / utility easement providing access
to the proposed lots and Day Exemption Lots and an existing ditch that crosses the property. The
Applicant shall delineate and describe these two easements on the plat.
VI. STAFF COMMENTS FOR FLOOD PLAIN SUP REQUEST
The following section provides an analysis of the project regarding the required standards for
development in the flood fringe as provided in Section 6.09.02 of the Zoning Resolution of 1978,
as amended. (Standards are listed in bold.) [As a side note, the flood plain is actually comprised of
two portions: 1) the flood way (that portion closest to the river course that carries the water in a
100 -year event) and 2) the flood fringe (that portion outside the flood way in which the depth and
velocity of water in a 100 -year event does not impose a serious threat to life and property and can
be developed with proper mitigation).]
(1) Prohibited Uses and Activities. The following uses and activities are prohibited in the
Flood Fringe/Flood Prone Areas:
(A) The development, use, fill, construction, substantial improvement or alteration on
or above any portion of the Flood Fringe or Flood Prone Areas which alone, or
cumulatively with other activities, would cause or result in the danger of
substantial solid debris being carried downstream by floodwaters.
(B) The storage or processing of materials that in times of flooding are buoyant,
flammable, explosive or otherwise potentially injurious to human, animal or plant
life.
(C) The disposal of garbage or other solid waste materials.
(D) Any obstruction, which would adversely affect the efficiency of or restrict the flow
capacity of a designated floodplain so as to cause foreseeable damage to others.
Staff Finding
The Applicant shall place these prohibitions on the final plat as plat notes.
(2) Permissible Uses. All Special Uses permitted in the Floodway, and all lawful uses
permitted by the underlying zoning, subject to Section 6.09.02(1) of this Regulation and
the regulations concerning the Special Use Permit, are permitted in the Flood Fringe
and Flood Prone Areas.
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(3) Performance Standards. The following performance standards must be met for
development in the Flood Fringe or Flood Prone Areas:
(A) The lowest floor, including basement, of any new or substantially improved
building designed for residential occupancy shall not be less than one (1) foot
above the maximum water elevation of the 100 Year Flood.
Staff Finding
The Applicant submitted a flood plain analysis conducted by HCE that defines the 100 -year flood
elevations and further determined the 1 -foot above the 100 -year flood elevation for the minimum
(lowest) finished floor to be 6,176 feet for Lot 2, 6,180 feet for Lot 3, and 6,184 feet for Lot 4.
(B) All new construction or substantial improvements shall be reasonably safe from
flooding.
Staff Finding
The applicant has delineated specific building envelopes for development on Lots 2 — 4. All new
construction / structures shall be located in these areas and shall also be required to maintain that
no basements are allowed and that the minimum (lowest) finished floor to be 6,176 feet for Lot 2,
6,180 feet for Lot 3, and 6,184 feet for Lot 4.
(C) Any new construction or substantial improvement designed for commercial or
industrial uses shall either:
1) Elevate the lowest floor level, including basement, to not less than one (1)
foot above the maximum water surface elevation of the 100 Year Flood; or
2) Provide flood-proofmg improvements so that below an elevation of one (1)
foot above the maximum water elevation of the 100 Year Flood, the
structure, together with attendant utility and sanitary facilities, is water
tight with walls substantially impermeable to the passage of water.
Structural components shall be capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Evidence shall be submitted
and certified by a registered professional engineer or architect that the
flood proofing meet the standards as set forth herein.
Staff Finding
The Applicant proposes only residential uses on the property and has submitted a flood plain
analysis conducted by HCE that defines the 100 -year flood elevations and further determined the
1 -foot above the 100 -year flood elevation for the minimum (lowest) finished floor to be 6,176 feet
for Lot 2, 6,180 feet for Lot 3, and 6,184 feet for Lot 4. No commercial or industrial uses are
proposed.
Staff shall require that when substantial construction is complete, the Applicant or future owner of
the property shall submit a floodplain elevation certificate to Garfield County to verify
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construction above the floodplain elevation prior to final inspection approval and the issuance of a
Certificate of Occupancy.
(D) Any proposed development shall be reviewed by the Floodplain Administrator to
insure that the potential for flood damage by the 100 Year Flood is minimized, that
all public utilities and facilities are located, designed and constructed so as to
minimize damage by the 100 Year Flood and that adequate drainage is provided to
reduce exposure to flood hazards.
Staff Finding
The potential for flood damage by the 100 -year flood has been minimized by elevating the finished
floor elevation of all structures to one foot above the 100 -year floodplain and all development on
the lot shall only be located within the delineated building envelope as shown on the plat. The
Applicant further represents that impacts to the Roaring Fork River and topography from the
development of this property will be minimized by the use of on-site drainage facilities to mitigate
water quality in the post -development runoff from the site. Necessary measures will be taken
during construction to mitigate erosion and sediment -laden runoff. Staff shall require that proper
erosion and sediment control measures be taken during any site disturbance which shall include
enclosing the construction envelopes with silt fencing and hay bale check dams. This shall be
required to be addressed in a plat note on the final plat.
(E) All new construction or substantial improvements shall be designed and
adequately anchored to prevent flotation, collapse or lateral movement, be
constructed with materials and utility equipment resistant to flood damage, and be
constructed by methods that minimize flood damage.
Staff Finding
This shall be required as a plat note on the final plat.
(F) New or replacement water supply systems and sanitary sewage systems shall be
designed so as to minimize or eliminate infiltration of floodwaters. On-site
individual sewage disposal systems shall be located so as to avoid impairment of
them or contamination from them during a 100 Year Flood.
Staff Finding
The applicant proposes to serve Lots 2, 3, and 4 with ISDS. Because these systems are to be
located in the flood fringe areas, they are required to be engineered systems due to the high water
table and soil types in the area. High Country Engineering (HCE) proposes a design that
accommodates these issues.
Specifically, HCE has "checked the sizing and location of the proposed ISDS mound systems, and
we can confirm that the 7,000 s.f. area provided is adequate for installation of a mound system
leach field based on a four bedroom home with a loading of approximately 1,000 gallons per day.
The location of the system for Lot 2 is located in FEMA designated Zone C, which is an area of
minimal flooding greater than the 500 year flood event and has no significant design constraints.
13
r •
The location of the systems for Lots 3 & 4 are located in FEMA designated Zone A and the ISDS
system should be designed so that the infiltrator surface is located a minimum of 1 -foot above the
100 -year flood elevation. The minimum elevation of the infiltrator surface on Lot 3 and 4 shall be
6183 and 6186 respectfully, to ensure that both ISDS systems are a minimum of 1 foot above the
100 -year flood elevation."
This shall be a condition of approval and be required as a plat note on the final plat.
(G)Within any area subject to sheet flow (Zone "AO" on the Flood Insurance Rate
Maps) all new construction and substantial improvements of residential structures
shall have the lowest floor, including basement, elevated above the highest adjacent
grade of the nearest street to or above the depth number specified on the Flood
Maps. Any new construction or substantial improvements of nonresidential
structures in areas identified as subject to sheet flow shall have the lowest floor,
including basement, elevated above the highest adjacent grade to or above the
depth number specified on the Flood Maps, or, together with attendant utility and
sanitary facilities, be completely flood -proofed to or above the elevation of the
water surface as specified on the Flood Maps.
Staff Finding
There are no areas defined as "AO" on the property.
(H)Require that all manufactured homes or those to be substantially improved to be
placed within Zone A on a community's FEMA or FIRM shall be installed using
methods and practices which minimize flood damage. For the purposes of this
requirement, manufactured homes must be elevated and anchored to resist
flotation, collapse or lateral movement. Methods of anchoring may include, but are
not limited to, use of over -the -top or frame ties to ground anchors. This
requirement is in addition to applicable State and local anchoring requirements
for resisting wind forces. A manufactured home should be elevated a minimum of
one (1) foot above the base flood level and anchored to the elevated foundation.
Staff Finding
This shall be required to be placed on the plat as a plat note.
VII. STAFF RECOMMENDED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. 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.
3. That for the above stated and other reasons, the proposed exemption from the definition of
14
subdivision and flood plain special use permit have been determined to be in the best interest
of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. That the application has met the requirements of Section 8:00, Exemption of the Garfield
County Subdivision Resolution of 1984, as amended, and Section 6:00 of the Zoning
Resolution of 1978, as amended.
VIII. STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners APPROVE this application for a
subdivision exemption and flood plain special use permit with the following conditions:
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
2. That the applicant shall have 120 days to present a plat to the Commissioners for signature
from the date of conditional approval of the exemption. Failure to submit required information
to the county by this date without a request for an extension shall automatically dissolve any
approval granted by the Board of County Commissioners.
3. The Applicant shall pay the impact fees to the Carbondale and Rural Fire Protection District at
$417 per lot at the time of final plat. Proof of this payment shall be submitted to the Building
and Planning Department prior to the Board's signature of the Final Plat
4.
,14
C 5.
A
When substantial construction is complete, the Applicant or future owner of the property shall
submit a floodplain elevation certificate to Garfield County Building and Planning Department
to verify construction of the first finished floor is at least 1 -foot above the 100 -year floodplain
prior to final inspection approval and the issuance of a Certificate of Occupancy.
The Applicant shall accurately delineate the two wetlands that fall primarily on Lots 2 and 3 on
the Final Plat and shall provide an approval (prior to final plat) from the Army Corps of
Engineers indicating the proposed access road to be expanded from 12' to 30' will not affect
this wetland and can be properly mitigated.
6. While the Applicant has mapped and inventoried the property with the focus on wetland
delineation, the Applicant shall provide a report that addresses 1) noxious weeds on the
property and 2) a weed management plan for any inventoried noxious weeds, and 3) future
weed management for the common elements within the subdivision which might include, but
are not limited to, roads, utility easements, and common open space. This information shall be
provided to the County Vegetation Management Director for approval then submitted to the
Planning Department prior to final plat.
7. Regarding weed management after the sale of lots, the Applicant shall incorporate language in
the "Declaration of Private Roadway Easement and Maintenance Obligations" that addresses
the legal responsibilities of property owners to manage noxious weeds according to the
15
• •
Colorado Noxious Weed Act and the Garfield County Weed Management Plan. This language
shall be provided to the County Vegetation Management Director for approval then submitted
to the Planning Department prior to final plat.
8. The Applicant shall be required to conduct a well pump test for the existing well serving Lot
1 and the well to serve Lots III - &that demonstrates all of the following points as applicable:
a. That a four (4) hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f. If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs;
g. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
9. That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemption from the rules of Subdivision will be allowed.
b) No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One
(1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
c) All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward and downward, towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
d) Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
e) Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
residents and visitors must be prepared to accept the activities, sights, sounds and smells
16
• •
of Garfield County's agricultural operations as a normal and necessary aspect of living in
a County with a strong rural character and a healthy ranching sector. All must be
prepared to encounter noises, 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, soil amendments, herbicides,
and pesticides, any one or more of which may naturally occur as a part of a legal and
non -negligent agricultural operations.
f) All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in accordance
with zoning, and other aspects of using and maintaining property. Residents and
landowners are encouraged to learn about these rights and responsibilities and act as
good neighbors and citizens of the County. A good introductory source for such
information is "A Guide to Rural Living & Small Scale Agriculture" put out by the
Colorado State University Extension Office in Garfield County.
g)
One (1) dog will be allowed for each residential unit within a subdivision and the dog
shall be required to be confined within the owner's property boundaries.
h) That all manufactured homes or those to be substantially improved to be placed within
Zone A on a community's FEMA or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to, use of over -the -top or frame
ties to ground anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces. A manufactured home should be
elevated a minimum of one (1) foot above the base flood level and anchored to the
elevated foundation.
i) Proper erosion and sediment control measures shall be taken during any site construction
disturbance which shall include enclosing the construction envelopes with silt fencing
and hay bale check dams.
j)
The following uses and activities are prohibited in the Flood Fringe/Flood Prone Areas:
a. The development, use, fill, construction, substantial improvement or alteration on
or above any portion of the Flood Fringe or Flood Prone Areas which alone, or
cumulatively with other activities, would cause or result in the danger of
substantial solid debris being carried downstream by floodwaters;
b. The storage or processing of materials that in times of flooding are buoyant,
flammable, explosive or otherwise potentially injurious to human, animal or plant
life;
c. The disposal of garbage or other solid waste materials; and
d. Any obstruction, which would adversely affect the efficiency of or restrict the
17
e •
flow capacity of a designated floodplain so as to cause foreseeable damage to
others.
k) The access road serving Lots 1 - 4 shall have a minimum unobstructed width of 20 feet, a
vertical clearance of 13'6"shall be required, and the road shall be of a design capable of
supporting the imposed load of the emergency apparatus and shall be of an all-weather
design.
1) Defensible space should be created around all structures built on Lots 1- 4 to prevent the
spread of wildfire to the structures.
m) All Individual Sewage Disposal Systems proposed for Lots 2 — 4 shall be located in the
respective ISDS enveloped as delineated on this final plat and shall be engineered by a
Professional Registered Engineer within the State of Colorado in accordance to the
Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado State
Board of Health.
n) Due to the construction of buildings within the flood plain an alternative ISDS design
such as a moundable sand filter system will be required to elevate the leeching area
above the ground water elevation, flood water elevation, and be prepared in accordance
to the Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado
State Board of Health. Dosing pumps shall be integrated into each design to ensure that
wastewater can be pumped up to the proposed absorption area.
o) No development may occur in nor affect the delineated wetlands as shown on the final
plat unless otherwise approved by the Army Corps of Engineers.
18
• •
MEMORANDUM
To: Fred Jarman
From: Steve Anthony
Re: Comments on the Deane Exemption and Floodplain SUP
Date: January 27, 2004
EX BIT
Thanks for the opportunity to comment on the SUP. My comments are as follows:
Noxious Weeds
Inventory and mapping -The applicant has mapped and inventoried the property with
the focus on wetland delineation. I have concerns that this inventory neglected the
presence of County Noxious Weeds and would request that the applicant provide a report
that addresses noxious weeds on the property.
Weed Management prior to sale of lots -The applicant shall provide a weed
management plan for any inventoried noxious weeds.
Weed Management after the sale of lots -I suggest that the applicant incorporate
language in the "Declaration of Private Roadway Easement and Maintenance
Obligations" that addresses the legal responsibilities of property owners to manage
noxious weeds according to the Colorado Noxious Weed Act and the Garfield County
Weed Management Plan.
Common area weed management -Future weed management for the common elements
within the subdivision shall be addressed. These areas could include but are not limited
to roads, utility easements, and common open space.
JAN -22-20034 14:19 DIV WATER RESOURCES
Fiirm No•
GWS -25
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg.. 1313 Sherman St., Denver, Colorado 80203
(303) 666-3581
WELL PERMIT NUMBER 23093'9 -
DIV. 5 WO 38 DES. BASIN MD
ESTATE OF LOUISE GLOVER DEANE
CIO DOANE H DEANE
0477 ROSE LANE
CARBONDALE, CO 81623
(970) 963-2149
PERMIT T. CONSTRUC A WELL
A' PROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 NE 114 Section 35
Township 7 5 Range 88 W Sixth P.M.
DISTANCES FROM SECTION LINES
3400 Ft. from South Section Line
1550 Ft. from East Section Line
UTM_ ORDINATES
Northing: Easting:
2)
3)
4)
5)
6)
7)
ISSUANCE OP THIS PERMIT DOES NOT CONFER A WATER RIGHT
QONDITIONS OF APPROVAL.
This well shall be used in such a way as to cause no material injury to existing water rights. The Issuance of thls permit
does not assure the applicant that no injury will Dula to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
The oonatructon of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval •
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-92-602(3)(b)(li)(A) as the only well on a r$ct of Tend of 38.38 acres described as that portion
of the NE 114, Set. 35, Twp. 7 S. Rng. 88 W, Sixth P.M., Garfield County. more particularly described on the attached exhibit
A.
The use of ground water from this well Is limited to fire protection, ordinary household purposes inside not more than
three (3) singie fatuity dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the
irrigation Ot not more ttlan one (1) acre of home gardens and lawns.
The maximum pumping rate of this well shall not exceed 15 GPM.
The return flow from the use of this well must be through an individual waste water disposal system of the
non -evaporative type where the water ie returned to the same stream system in which the well is located.
This well shall be constructed not more than zoo feet from the location specified ori this permit.
c9,3J /-4-c)-Gv(
Permit Expiration Date Extended to January 4, 2005
JD' 12-23-03
APPROVED
JD2
Sate Engirrear
DATE ISSUED
ave - 0 d N nu
DATE
TOTAL P. 02
• •
Garfield County
Road and Bridge, District 1
7300 Hwy 82, Glenwood Springs, CO 81601
970-945-1223 ph. 945-1318 FAX
Date: 01-28-04
To: Building & Planning
From: Bobby Branham
Re: Dean Exemption Special Use Permit
For: Fred Jarman
Location: Rose Lane Extension
Scope of Work: Special Use Permit
Road and Bridge Concerns: This property lies outside the system of maintained county
roads, and is therefore exempt from County permit requirements.
Bobby Branham
Dist.1 Road and Bridge
JAN.28.2004 10:48RM TOWN OF CARBONDALE NO.204
January 28, 2004
• •
Towle OF CARBONDALE
511 Colorado Avenue
Carbondale, CO 81623
Fred. Jarman
Garfield County Building and Planning
108 8th Street, Suite 201
Glenwood Springs, Co. 81601
Re: Deane Special Use Permit
Dear Mr. Jarman,
The purpose of this letter is to comment to the County on the Deane
Special Use Permit. The subject property lies in the Roaring Fork River bottom
land area to the east of Carbondale. This area lies within our 3 -Mile Plan
boundary but is not included within our Urban Growth Area boundary.
This area lies upstream of our Roaring Fork well field area. Comments
from Larry Ballenger, the Town's Utility Director, are attached. The Town has no
current plans to provide wastewater service to this area in the future. The Dean
property is a considerable distance from any Town wastewater mains and it
would be infeasible at this time to consider hooking up to Town of Carbondale
infrastructure.
I have only done a cursory review of the application in relation to the
County Comprehensive Plan. The proposed density appears to fit into County
guidelines.
Thank you for letting Carbondale comment on the Deane land use
application. Contact me if you have any questions or wish to discuss any issues
further.
Sincerely,
fikk,I CL
Mark Chain
Planning Director
(970) 963.2733 Fax: (970) 963-9140
JRN.28.2004 10:48AM TOWN OF CARBONDALE NO.204 F.3
•
TO; Mark Chain, Town Planner
FROM: Larry Ballenger, Public Works
DATE: January 27, 2004
RE: Buck Dean Special Use Permit
HCE No. 2031650.00
I have reviewed the application from Buck Dean for a Special Use Permit for the
construction of residences in a FEMA regulated floodplain. I do have concerns about the
development of additional Independent Sewage Disposal Systems (ISDS) along the
Roaring Fork River. My concerns are centered on the number ISDS installations that
have proliferated up gradient from the community's well field. Entire subdivisions have
been approved utilizing ISDS as a means to dispose of sanitary sewage waste. As this
area continues to subdivide and develop, we will see more and more construction
utilizing ISDS as a means of sanitary sewage disposal. Without a doubt, we will begin to,
see a degradation of water quality within the Roaring Fork River ecosystem if we
continue to allow ISDS as the only means of treating sanitary sewage waste.
The Town of Carbondale's public works departments concerns are globally focused. Our
water supply and treatment process will not be adversely affected by the construction of
three more ISDS units along the river. The Town of Carbondale treats the water we
pump from our well field with a micro -filtration treatment plant. The micro -filtration
plant removes constituents down to a 0.2 -micron in size. We then disinfect the water
with chlorine to remove any remaining bacteria and/or viruses.
Existing and future wells in this area do not have water treatment facilities to
help remove harmful constituents from contaminated groundwater. Nor do they have
disinfection capabilities to treat for harmful bacteria and viruses. Although the
placement of three new ISDS units do not pose a threat to the Town's water supply
system, neighboring well owners may have concerns.
C:VNy Documonts\Plans Reviewt0erfield.Countytdean.doc
To: • 1
Board of County Commissioners
Garfield County
State of Colorado
Date:
January 27, 2004
11002 HI
Re:
Doane H. Deane Request for Floodplain Special Use Permit and Subdivision Exemption Approval
We the undersigned (page 2 of the document), all have an interest in Mr. Deane's requests to you. Each of us is a
property owner or renter adjacent to or otherwise neighboring Mr. Deane's property. All of us share Rose Lane as
the only access road to our homes.
Our concerns and questions about Mr. Deane's proposed subdivision of his property include:
1. The impact of additional residents' vehicles on Rose Lane. As Garfield County maintains Rose Lane only from
the 100 Road to the corner of Daisy Lane, the road is currently maintained on a hit and miss schedule with shared
(although not guaranteed) expense by current owners of Rose Lane properties. Additional residents in the neighbor-
hood increases the likelihood of current property owners paying out more inequitable expenses for road mainte-
nance.
2. In recent new developments along Rose Lane, large numbers of construction vehicles have caused extensive
damage to Rose Lane; irrigation ditches alongside the road, and irrigation culverts under the road; the cost of
repairs has been absorbed by current residents. Already existing heavy construction and residential traffic also cre-
ates an unacceptable amount of dust and dirt blowing into Rose Lane homes. Noise from the large number of vehi-
cles already travelling on Rose Lane is disturbing and distracting both day and night. Additional traffic will intensi-
fy an already unpleasant situation.
3. With the Roaring Fork River overflowing its banks during spring runoff and flooding the Deane riverfront
acreage, we ask what measures will be taken by Mr. Deane to maintain the natural flow and integrity of the river
while creating homesites on the subdivided parcels along the river's banks? In recent years, spring flooding has
extended over the Deane property, covering the training track and creating new channels for waterflow out of the
river and through the property. Will the newly created channels remain? Will the Army Corp of Engineers be called
in to assess changes and/or adjustments to the river's natural flow?
4. What provisions will be made for the birds, waterfowl, and wildlife with migratory paths, long-term nesting sites
and year-round habitats on the Deane property?
We respectfully request that should the Board of Commissioners decide to grant Mr. Deane's requests, that the
Board require Mr. Deane to accept responsibility for upgrading existing Rose Lane to accommodate construction
and new residential vehicular traffic.' A chip and seal road would adequately support the use of Rose Lane by fre-
quent trips of heavy vehicles and help eliminate the amount of dust and dirt created by increased traffic. The exist-
ing graded dirt and road base of Rose Lane, although providing a small measure of speed control, is barely ade-
quate for existing traffic. We also request an opinion and/or estimate from the Division of Wildlife on the impact of
the proposed subdivision on4he bird's and wildlife -On the property.
Thank you for your time and attention to this matter.
lie 2
• i
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a-7
INTEROFFICE MEMORANDUM
To: Fred Jarman, Building and Planning Department
From: Scott Aibner — Garfield County Surveyor
Subject: Deane Subdivision Exemption - Review
Date: 9/22/04
Dear Fred,
Upon review of the Deane Subdivision Exemption plat, I have prepared a list of
comments or corrections to be made prior to approval for survey content and form.
1. Boundary Monuments interior and exterior, found or set need to be indicated
on the plat.
2. I am not sure what the distance of 306.70 is indicating along the north line of
lot 1.
3. The existing gravel drive should be labeled Rose Lane if indeed that is its
name.
4. Survey note number 6 indicates a 25 foot easement for access and utilities to
the Day Subdivision Exemption. I recommend the easement be shown on the
drawing.
5. I am not clear on the intention of the 30' wide easement note and leaders
where rose Lane enters the property.
Once these comments have been addressed, the surveyor may prepare the mylar for
record pending further requirements from your office.
Sincerely,
Cott Aibner
As Garfield County Surveyor
cc Frank Harrington- High Country Engineering, Inc.
