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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.11.2003D BOCC:8/11/03 TP PROJECT INFORMATION AND STAFF COMMENTS .,MMARY OF REQUEST: Extension to file an Exemption Plat for the Coulter's Pocket from the Definition of Subdivision o APPLICANT: ATT ORNEY/RE PRE SENTATIVE : PROPERTY LOCATION: I. BACKGROUND: Coulter's Pocket, LLC Billie Burchfield The subject property is located off the East Battlemlnt Parkway and County Road 308' adjacent to the Battlement Mesa PUD' The Board of county commissioners approved the coulter',s Pocket, LLC' Exemption from the Definition of Subdivision on April 7 ,2003. This approval effectively subdivided 70 acres of land into 3 lots' each consisting of approxim ately l7 .4acres of lanJ. The approval for the Exemption required the Applicant to satisfy all the conditions of approval and present u ptat io the Board for signature within 120 days of the approval which expired on August 7,2003' The Applicant submitted the request for Extension to the Building and Planning Department on July 31' 2003. The request for an Exten.io, *u, ,ubrrritt"d prior to the 12b day expiration date, August 7 ' 2003' however, the request could not be scheduled until the August 1 1' 2003' Board meeting due to timing' Since the Appricant submitted the extensio, ,.qr.u prioito the expiration date, staff is of the opinion that the Board should consider this extension request' II. REQUEST: The Applicant requests that the Board grant an extension for period of time' in order to complete the conditions of approval for the Exemption (see Exhibit A). I*the past, it has been the practice of the Board to grant 1-year "*t"rr.i*, for Applicants who have received an approval for an Exemption from the Definition of Subdivision in ordei to complete conditions of approval. since the Applicant has not requested a specific period of time for the B*tlrrrio.r, Staff is of the opinion that the Board should consider granting the Applicant a yearlong extenston' trI. STAFF RECOMMENDATION: staff recommends the Board grant an extension for the coutler's Pocket Exemption from the Definition of Subdivision until August 11, 2004' ((//*r,r. (qzrD 2,9,5 79Qo ('{, - .(-r/[)1, /u'xt/tfry't1/rttt (4n'trt ' r<'at July 31, 2003 lo @11i, g @,,ne$rlrl , (fri", rr, r'rJ r.il'{4ru' ('y''O. QA)"' 1'7'i ()/)ror,/,orr,, ?iO 'f /,'L'i RE{]L{IVEI} AUt; 0 I 2003 ffi'-"l'fH;hXilfil; . D*' (17(t) 2'9'5'9 /0-t: if;7r,r,on,,,r/ (i//,nr,r' (970) q'i/''' 'Y'Y /(Y Tamara Pregl Cltt"fO Cointy Building and Planning Department 108 8th Street, Suite 201 Glenwood SPrings, CO 81601 Re: Coulter's Pocket ExemPtion Dear Tamara, we wourd rike to request an extension of time regarding the conditional approval of the courter,s pocket subdivision e*",npiion- we are stiil *"riting ior additional documents and information. Pleasecontactourofficeifyouhaveanyquestionsorconcerns. Ki Kim Lovlin Assistant to Billie Burchfield *AEXHIBIT BILLIE BURtrHFIELD 376 ZA5 SL@4 @?/AL/OB O3:@BPm P. @@L T Billie G. Burchfield Attorney at Law FACSIMILE COVER SI{EET o Date: July 31, 2003 PLEASE DELIVERAS SOON AS POSSIBLE TO: Name: Fax: From: Re: Tamare Pregl FACSIMILENO. o7q384'3470 Billie Burchfield/Kim Lovlin Coulter's Pocket SuMivision Message: Transmitted is letter requesting extension of time' If you have any questions or concent!1, pleese do not hesit te to contact our o!fice' Total number of pages 2 (including this cover sheet). If you do not receive all of the pages, please call Kim at the numbers shown below as soon as possible' IMPORTANT: fiIIS COMMI.JNICA'I'ION IS INTENDED SOLELY FOR T}TE USE OF Ti{E PERSONS NAMED ABOVE OR OTTIERS AUTHORIZED TO RECEIVE IT. TFIIS COMMI.JNICATION MAY INCLUDE PRTVILEGED AND CONFIDENTIALINFORMANON AND ANYUSE,DISSEMINATION OR REPRODUCTIONBYUNAUTHORIZED PERSONS IS ABSOI.UTEI-Y PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR' PLEASE NOTIFY THE SENDF]R IMMEDIATELY. ORIGINALD0CUMENT(S)wlLL(xx)WILLNoT0FoLLowINTHEMAIL {Bdrbffint ulm . t?.o. $ox4z5 . rparac&,.te, c{ddlo sl6is . lrctepfiou (g?0) 2sJ-799 o rpaapT|) zs5'91u tctt{rotu (970) 945-8t18 o o Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: EXHIBITS COULTER'S T LLC EXEMPTION Board of County Commissioners - April 7, 2003 Proof of Certified Mailing Receipts Proof of Publication Garfield County Zoning Regulations of 1978, as amended Garfield County Subdivision Regulations of 1984, as amended Garfield County Comprehensive Plan of 2000, (rJ ftyu-t-..rv cl Staff Report dated Apdr|7,2003 Application Materials Exhibit H: Letter from Jake Mall, Garfield County Road and Bridge Department, dated March 17,2003 Exhibit I: Letter from Jeff Nelson, Assistant County Engineer, dated March 12,2003 Exhibit J: Letter from David Blair, District Fire Chief, Grand Valley Fire Protection District dated February 5,2003 Exhibit K: Letter from Steve Anthony, Garheld County Vegetation Director, dated March 24,2003 Exhibit L: Photos of the access road off of County Road 308 taken March 7,2003. Exhibit M: Soil survey maps and interpretation tables. Exhibit N: Additional comments from Jake Mall, Garfield County Road and Bridge Department, dated March 25,2003 Lt lr,rh + L l< t+c& {. t **,. t{. L. i * rr t"ss TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT(S) REPRESENTATIVE: LOCATION EXISTING ZONING: ADJACENT ZONING: WATER: SEWER: ACCESS: o BOARD: 417103 Public Hearing TP The Applicant requests an exemption from the rules of subdivision to subdivide approximately 70 acres of land into four (4) parcels. Coulter's Pocket, LLC. Billie Burchfield The subject property is located off of East Battlement Parkway and County Road 308, adjacent to the Battlement Mesa PUD. A/R/RD (Agricultural, Residential, Rural Density) West and South: A/R/RD; East: O/S (Open Space);North: Battlement Mesa PUD Shared wells Individual Sewage Disposal Systern (ISDS) Easement off of County Road 308 o PROJECT INFORMATION AND STAFF COMMENTS Coulter's Pocket, LLC. Exemption I. DESCRIPTION OF TIIE PROPOSAL: A. Development Proposal: The Applicant proposes to subdivide approximately 70 acres ofland into four (4) parcels consisting of approximately 17.4 acres of land each. B. Site Description: The property slopes upward in a south-easterly direction from County Road 308. The vegetation on site is primarily pinion pine and juniper. There is evidence, by the scared vegetation, that there was a wildfire on site at sometime. There are a couple drainages that traverse the property from east to west. It is unclear as to whether these drainages are historic and are active. oo E. F. 308. Coulter's Pocket, LLC. Exemption BOCC: 417103 Page2 C. Zoning: It appears possible to meet the A/R/RD zoning requirements on the proposed new lots. A single-family dwelling is a use by right in the A/R/RD zone district. Accessory uses are allowed if they are agriculturally related uses. D. Relationship to the Comprehensive Plan: The subject property is designated on the "Proposed Land Use Districts, Study Area2 & 3" map in the Garfield County Comprehensive Plan of 2000, as "Outlying Residential." The recommended density in the Outlying Residential designation is consistent with the underlying zoning, which in the case of A / R / RD is a minimum lot area of 2 acres. The proposed four parcels are greater than2 acres. The subject property is located outside of the 2 mile sphere of influence for the City of Parachute. Adjacent Land Uses: Sparse residential and ranch land uses surround the site. Road/Access: All four of the lots will take access off an easement off of County Road G. Applicability: Section 8:10 allows the Board of County Commissioners (Board) 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. II. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agency (ies) for comments. Comments that were received have been integrated throughout this memorandum where applicable. A. Town of Parachute: No comments B. School District 16: No comments C. Battlement Mesa Water and Sanitation: No comments. D. Colorado Division of Wildlife: No comments E. Garfield County Road and Bridge: Exhibit H & N F. Garfield County Vegetation Management: K G. Garfield County Engineer: Exhibit I H. Grand Valley Fire Protection District: Exhibit J o o Coulter's Pocket, LLC. Exemption BOCC: 4l'1103 Page 3 III. REVIEW CRITERIA FOR SUBDMSION EXEMPTION (SECTION 8:00) The Board has the discretionary power to exempt a division of land from the definition of subdivision, and thereby, from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of Subdivision Regulations nor be determined to be detrimental to the general public welfare. The Board shall not approve an exemption unless the Applicant has satisfied the following criteria. A. "No more than a total offour (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; 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) or naturalfeature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or naturalfeature, 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 dwelling unit limitation otherwise applicable; For the purposes of definition, all tracts of land thirty-five (35) acres or greater in size, created after January l, 1973, will count as parcels of land created by exemption since January l, 1973." Response: Copies of the Applicant's deeds and the deeds by which their predecessors took title before January 1,1973, were provided with the application. The deeds indicate that no parcels have been split from the property since January 1,1973, and that the property was larger than 35 acres at that time. B. All Garfield County zoning requirements will be met. Response: The subject property is located in the A/R/RD zone district which requires a minimum lot size of 2 acres. All four tracts to be created are larger than2 acres. To staff s knowledge all zoning requirements have been met as part of this application. C. 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 obtatned. Response: All four lots will take have access off County Road 308 by means of a 32-foot easement. The Applicant provided copies of two Easement Agreements. One Easement Agreement is between David and Mary Ann Tonder and Mary Ann Bosley (the former property owner). This o o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page 4 Easement grants the Applicant "a non-exclusive easement 32 feet in width, for utilities and access to and from" the subject property. The Tonder property is located immediately adjacent to County Road 308. The 32-foot wide easement is located along the north boundary line of the Tonder property. The second Easement Agreement, recorded with the County on July 3,2002, is between Dave Wasserman and Mary Ann Bosley. Ms. Bosley granted an "undivided interest in and to" Mr. Wasserman, in exchange of Mr. Wasserman granting to the Applicant "an exclusive easement thirty-two feet in width, for utilities and access to and from the properties owned by" the Applicant. The easement through Mr. Wasserman property is located along the south boundary line. Jake Mall of the Garfield County Road and Bridge Department indicated that the Department has concems over the drainage from the road leading to the subject property (See Exhibits H & N). Severe mud flow problems have occurred over the past year sending mud flows across both lanes of Battlement Parkway. This problem has resulted in having equipment sent out to the Battlement Parkway to clean up the mud from the access road off of County Road 308. The mud flow has created traffic hazards each time mud flows from the subject area across Battlement Parkway. Mr. Mall noted that the drainage problem needs to be corrected before more activity takes place using the access. Mr. Mall indicated that this problem has to be corrected before the Department can issue or address any driveway permit issues. Copies of photographs taken of the access road onto County Road 308 / Battlement Parkway can be seen in Exhibit L (color photos copies willbe provided at the meeting). D. 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. Response: The Applicant indicated that the water supply for the four lots (four single-family dwellings) will be provided by two wells. Two well permits were issued to the subject property September 14,2000, however, these permits have since expired (expiration date September 14, 2002). The Applicant has re-applied with the Colorado Division of Water Resources for new well permits. Copies of these well permit applications have been included with the application. Pursuant to section 8:a2@) of the Subdivision Regulations, "proof of physical supply of water for the public meeting may be documentationfrom the Division of Water Resources that demonstrates that there are wells within l/e mile of the site producing at leastfive (5) gallons/minltte. " o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page 5 The Applicant provided printouts of well permits issued by the Division of Water Resources for adjacent properties that are located within a % mile of the subject property. Jack Pavisich and Kathryn Enyeart wells are located in the quarter/quarter sections immediately south of the subject property. Both of these wells show a yield of 15.00 gallons per minute. Alvin Winter wells are located in the quarter/quarter section to the south/west corner of the subject property. These wells show yields of 1 5.00 gallons per minute and 13.00 gallons per minute. Pursuant to Section 8:42 of the Zoning Resolution, prior to the signing of an Exemption Plat, all physical water supplies shall demonstrate the following: 1. That afour (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 thefour (4) hour pump test indicating the pumping rate in gallons per minute and informatton 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, ustng 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. For water supplies based on the use of cistern, the tank shall be a minimum of 1,000 gallons. Copies of the actual well permits issued by the Colorado Division of Water Resources shall be submitted prior to signing of the Exemption Plat. In addition, well sharing agreements for the use of the two wells by the four lots shall also be submitted, with appropriate signatures prior to signing of the Exemption Plat. The Applicant indicated that sewage disposal for the Parcels will be handled by Individual Sewage Disposal Systems (ISDS). E. All state and local enyironmental health and safety requirements have been met or are in the process of being met. o O o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page 6 Response: The Applicant shall comply with all applicable local and state environmental health and safety requirements. F,Provision has been madefor any required road or storm drainage improvements. Response: The Applicant asserted that provisions will be made for any required road drainage improvements. Any improvements shall comply with County regulations as applicable. Any new structures shall avoid areas of natural drainage. Natural drainages should be preserved to the maximum extent possible. There currently is a dirt road off of County Road 308 what will be used for access to the subject parcels. This existing dirt road has some significant drainage and erosion problems. Comments were received from the Garfield County Road and Bridge Department (See Exhibits H & N) and the Assistant County Engineer (See Exhibit I). Jeff Nelson, Assistant County Engineer, provided the following recommendations with respect to the access road. However, most of Mr. Nelson's recommendations pertain to a Subdivision, not a Subdivision Exemption. A few of Mr. Nelson's recommendations have been incorporated as conditions of approval. 1. A site storm drainage plan shall be submitted concurrently with the roadway design for review by the County. The project has existing storm drainage inadequacies that need remedied prior to any additional roadways being installed. The Drainage Plan shall be approved by the Battlement Mesa Development since the existing roadway currently drains onto Battlement Parkway and into the existing storm drainage system. 2. The proposed subdivision access road and Battlement Parkway east create a dangerous intersection. A detailed drawing showing re-alignment of the intersection shall be submitted. This realignment design shall be coordinated with the Garfield County Road and Bridge Department and the Battlement Mesa Subdivision. 3. A detailed access road sketch showing existing topography and limits of excavation and fills shall be submitted. 4. The access road design and existing conditions shall be improved to meet or exceed county standard for'Rural Access' [section 9:35 of the Subdivision Regulations]. The access road shall be accessible year round for emergency equipment. The design of the grades, curves, etc. shall be adequate to accommodate emergency vehicles. A design of the access roadway showing grades and curves shall be submitted for review. oo Coulter's Pocket, LLC. Exemption BOCC: 417103 Page 7 G. Fire protection has been approved by the appropriate fire district Response: The subject property is located within and served by the Grand Valley Fire Protection District. David Blair provided following comments (See Exhibit J), which have been incorporated as conditions of approval. Mr. Blair noted that if all the conditions outlined in his letter dated February 5,2003, and summarized below are met and/or are made part of a plat note, the District will have no further concerns regarding the project: 1. The Applicant shall provide the following minimum fire protection practices as part of their "Fire Protection Plan": a. Due to the size of the project, a localized water supply system (NFPA 1231) and fire protection sprinklers are better suited to provide fire protection. b. NFPA 1231 recommends the following: a water supply shall be located withrn 1 50 feet of a residence, and a 4 Yz" hydrant connection capable ofproviding 500 gpm and a capacity to be determined by the square footage of the residence. A minimum size of 2,500 gallon tank per lot per residence under 3,500 square feet. c. Sprinkler systems for residences up to 3,500 square feet is optional. Residences over 3,500 square feet shall have both the calculated size storage tank and a sprinkler system to provide initial knockdown capabilities. Sprinkler systems installed shall meet the requirements of NFPA 13D. A minimum flow of 26 gpm with duration of ten minutes or 260 gallons is required. The storage tank used for fire protection shall be separate from that used for domestic use. Shall the water supply for both the sprinkler system and domestic use be combined, the requirements of the code shall be met. Annual inspection / maintenance and reporting requirements of a sprinkler system are the responsibility of the homeowner. d. An agreement shall be in place between the District and the property owners that the use of water stored in a fire water cistem, in the event of emergency, is not limited to specific residence where it is located and that its use / need shall be at the discretion of the fire district. e. NFPA 299 standards fProtection of Life and Property from Wildfire] shall be followed for access / egress requirements and defensible space. f. Access to the property is of great concern. The Garfield County Road and Bridge Department shall veriff whether any additional curb cut off of East Battlement o o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page 8 Parkway are needed. The access off of East Battlement Parkway currently requires a 9O-degree tum into the project. It does not appear that there is enough space to meet all the tuming requirement of the district equipment without coming straight out onto East Battlement Parkway. H. Any necessary drainage, iruigation or utility easements have been obtained or are in the process of being obtained. Response: The Applicant indicated that all necessary drainage and utility easements have been obtained as shown in the easement agreements filed with the application. All easements, existing and proposed, must be shown on the Exemption Plat and included on the deeds for the proposed parcels where appropriate. All new utilities shall be buried within the appropriate easement. The Applicant indicated that it is anticipated that Holy Cross will provide electric, Public Service will provide gas, and Qwest will provide telephone service. Jeff Nelson, Assistant County Engineer provided the following comments regarding irrigation: 1. The property contains an anay of existing irrigation ditches. All existing and proposed ditches shall be delineated on the Exemption Plat. Proposed irrigation ditch distribution methods and routing shall be delineated on the Exemption Plat. 2. Documentation shall be supplied regarding the legal owner of the existing Shutt Ditch and shares per subdivision. 3. A letter from Battlement Mesa shall be submitted regarding irrigation and water rights in relation to the subdivision. It appears that Battlement Mesa has rights in these ditches that traverse the property along with other adjacent landowners. 4. Due to the limited amount of irrigation water in the area and its bearing on the recharging of the aquifer in which the wells will be pumping from, the irrigation system, existing and proposed shall be detailed for successful use of the domestic water wells within and adjacent to the subdivision. I. Schoolfees, taxes and special assessments have been paid. Response: The Applicant asserted that to-date, all school fees, taxes or special assessments associated with the subject property are paid. Pursuant to section 8:a2$) of the Subdivision Regulations, the Applicant is required to pay the school impact fee of $200.000 for each lot created. This fee shall be paid prior to the signing of the Exemption Plat. o o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page 9 IV ADDITIONAL CONSIDERATIONS FOR SUBDIVISION EXEMPTION (SECTION 8:60) In the evaluation of each petition for exemption, and in addition to the review criteria in Section 8:52, the Board shall consider the following additional considerations. A. General conformation with the Garfield County Comprehensive Plan. Response: The proposal does not appear to be inconsistent with the Garfield County Comprehensive Plan. B. Compatibility of the proposed exemption with existing land uses in the surrounding area Response: The subject property appears to be compatible with the land uses in the surrounding area. The surrounding uses include sparse residential with customary agricultural uses. C. Recommendations of any municipality within two (2) miles of the proposed exemption, or within three (3) miles, if the municipality has a major street plan. Response: The subject property is located outside but adjacent to the Battlement Mesa PUD. The property is located within the 2 mile Sphere of Influence for the Town of Parachute. This Exemption request was referred to the City of Parachute and the Battlement Mesa Water and Sanitation District. No comments were received. D. Recommendations of any state or local agency or organization whose opinion the Board determines is necessary or appropriate. Response: Comments from applicable state or local agencies have been incorporated within this memorandum as appropriate. E. Suitability of soil, water, vegetation, geologic and topographic characteristics of the land for the type of division proposed. Response: The Applicant provided a soil survey map and interpretation tables for the soil types for the subject property. Jeff Nelson, Assistant County Engineer, indicated that the soils map submitted with the application appears to be for a different location. Staff agrees with Mr. Nelson. The soils map provided with the application is for an area northwest of I-70, whereas the subject property is located southeast of I-70. The soils on the subject property include Potts loam, 6 to 12 percent slope (#56) and Potts-Ildenfonso complex, 12 to 25 percent slopes (#58). Copies of the accurate soils survey map and interpretation tables can be seen in Exhibit M. o o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page l0 The issue of water and topography has been addressed previously in this memorandum. The application does not address geologic hazards on the subject property. All geologic hazards shall be mitigated accordingly per County regulations. Steve Anthony, Director of Vegetation Management, noted that there are issues related to roadside disturbance caused by the access road off of County Road 308. During high moisture, erosion control may be a problem, therefore it is important that the Applicant detail a revegetation plan and soil plan (See Exhibit K). ) Noxious Weeds: a) Inventory and mapping: The Applicant shall map and inventory the property for all County-listed noxious weeds. b) Weed Management: The Applicant shall provide a weed management plan for the inventoried noxious weeds. c) Common area weed management: The Applicant needs to state in the weed management plan who will be responsible for weed management on the road in the project area. 2) Revegetation a) The Applicant shall provide a plant material list and planting schedule. b) A map or documentation shall be submitted that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. c) The Board of County Commissioners may determine that a revegetation security is necessary ifthe project has: i) A potential to facilitate the spread of noxious weeds. ii) A potential to impact watershed areas. iii) A potential for visual impacts from public viewing corridors. iv) Steep slopes (15% or greater) orunstable areas. v) Disturbs large areas (1/2 an acre or greater). d) The security shall be held by Garfield County until vegetation has been successfully re-established. The Board of County Commissioners shall designate a member of staff to evaluate the reclamation prior to the release of the security. 3) Soil Plan a) The Revegetation Guidelines request that the Applicant provide a Soil Management Plan that includes: i) Provision of salvaging on-site topsoil ii) A timetable for eliminating topsoil and/or aggregate piles. 1 o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page I 1 iii) A plan that provides for soil cover if any disturbances or stock piles will sit exposed for a period of 90 days or more. F. Number of lots and/or multiple-dwelling units created by the proposed exemption. Response: The Applicant is proposing four lots. Only one single-family dwelling unit is proposed on each new lot as a use-by-right. Accessory dwelling units require special use approval. G. Provisionfor open space within the proposed exemption. Response: No open space is proposed as part of this exemption request. H. Proposed density and provisions for adequate offstreet parking. Response: All parking associated with the proposed lots will be handled on-site. I.Covenants and plat notes, restricting the lots to thefollowing: 1. One (l) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the ownerb property boundaries. The requirements shall be included in the protecttve covenants for the subdivision with enforcement provisions allowingfor the removal of a dogfrom the area as afinal remedy in worst cases; 2. No open hearth solid-fuelfireplaces will be allowed anywhere within an exemption. One (1) new solid-fuel burning stove as defined 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 unrestricted number of natural gas burning stoves and appliances; and 3. Each subdivision shall have covenants requiring that all exterior lighting be the minimum amount necessqry and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. Response: The Applicant shall comply with these restrictions. They shall also be included in the Protective Covenants and as plat notes on the Exemption Plat. V. OTHER A. Mineral Rights: The Applicant provided a list of adjacent property owners, however, it does not appear that mineral owners were included with the application. Since potential for o o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page 12 mineral exploration may exist, a disclosure to all potential lot owners must be included in the covenants, plat notes, and at the time of closing. VI. STAFF FINDINGS: 1. Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. 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. The proposed exemption has 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. The application has met the requirements of the Garfield County Subdivision Resolution of 1984, Section 8:00, Exemption. VII. RECOMMENDATION: Staff recommends that the Board APPROVE the Coulter's Pocket, LLC. Exemption from the Definition of Subdivision, subject to the following conditions: All representations made by the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval; The Applicant shall have 120 days to present an Exemption Plat to the Commissioners for signature from the date of conditional approval of the exemption; The Applicant shall comply with the 1978 Garfield County ZoningResolution standards The Applicant shall comply with the Colorado Department of Health standards The Applicant shall comply with the recommendations of the Grand Valley Fire Protection District which includes, but is not limited to, the following: A. A water supply shall be located within 150 feet of a residence and have a 4 ll2" hydrant connection capable of providing 500 gallons per minute. The water supply o 1 2 J 4 5 6. o o Coulter's Pocket, LLC. Exemption BOCC: 417103 Page 13 capacity shall be determined by the square footage of the residence, however, a minimum size of 2,500 gallon tank shall be required per lot per residence under 3,500 square feet. B. For residences over 3,500 square feet in size a fire sprinkler system shall be installed. For residences up to 3,500 square feet a fire sprinkler system shall be optional. Fire sprinklers systems shall be meet the requirements of NFPA 13D. C. NFPA 299 standards shall be adhered to for access / egress requirements and defensible space. D. Access to the subject lots shall be adequate to meet the requirements of the Frre District and shall meet all tuming requirements o-f the Fire Districts equipment without taking access onto Battlement Parkway'./ County Road 308 directly. E. An agreement shall be in place, prior to finalization of the Exemption Plat via a plat note or agreement, between the Fire District and the property owners that the use of water stored in a fire water cistern, in the event of emergency, is not limited to a specific residence where the cistern is located and that its use and need shall be at the discretion of the Fire District. This shall be included in the Protective Covenants. The Applicant shall comply with the following recommendations of the Garfield County Road and Bridge Department and the Assistant County Engineer with respect to access: A. The on-going drainage and erosion problems related to the access road onto County Road 308 shall be addressed prior to finalization of the Exemption Plat. A Drainage Plan, prepared by an engineer registered in the State of Colorado, shall be submitted for review and approval by the Battlement Mesa Development, Garfield County Road and Bridge Department and the County Engineer. B. By reason of the dangerous intersection between the access road and Battlement Parkway, realignment of the intersection is required. A realignment design of this intersection shall be reviewed and approved by the Garfield County Road and Bridge Department, County Engineer and the Grand Valley Fire Protection District. C. The Applicant shall obtain and receive approval of driveway access permit for the access road onto County Road 308 (Battlement Parkway). Due to the potential for mineral exploration on the subject Parcels, the Applicant shall provide disclosure to all potential lot owners via the Protective Covenants, as a note on .7 l, (-i.)r : 'i' L/ '/{tfi /ri,.(. + t{ t 1 it"'it ' t'*' o Coulter's Pocket, LLC. ExemPtion BOCC: 417103 Page 14 the Exemption Plat and at the time of closing. In addition, gas exploration is occurring with:in-thll aiea. The mineral estate wi(, allow the drilling of a well within 160' of a ,, - ., ol ) house.F,,t" { ,-|fu-" " The Protective Covenants shall outline the right to use of the Shutt Ditch. Prior to the finalization of the Exemption Plat, the Applicant shall A. Provide the following information for vegetation management on the subject lots 1) Noxious Weeds: Map and inventory of any listed Garfield County Noxious Weeds on the project area. Provide a weed management plan for the inventoried noxious weeds for review and approval by the Vegetation Management Department. This plan shall state who will be responsible for weed management on the road in the project area. 2) Revegtation: Provide a plant material list and plating schedule for revegetation. A map or documentation shall be submitted that quantifies the area, in terms of asres, to be disturbed and subsequently reseeded on road cut and utility disturbances. 3) Soil Plan: The revegetation guidelines required the Applicant to provide a Soil Management Plan that includes: i) provisions of salvaging on-site topsoil, ii) a timetable for eliminating topsoil and/or aggregate piles, and iii) a plan that provides for soil cover if any disturbances or stoke piles will site exposed for a period of 90 days or more. B. Copies of the actual well permits issued by the Colorado Division of Water Resources for the two wells shall be submitted. C. The Applicant shall submit the applicable School Site Acquisition Fees ($200.00 per parcel) for the creation of the exemption parcels. D. All physical water supplies shall demonstrate the following: l) That a four (4) hour pump test be performed on the well(s) to be used. 2) A well completion report demonstrating the depth of the well(s), 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. o 8 9 o Coulter's Pocket, LLC. ExemPtion BOCC: 417103 Page 15 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 shall be tested by an independent testing laboratory and meet State guidelines conceming bacteria and nitrates. 8) For water supplies based on the use of cistem, the tank shall be a minimum of 1000 gallons. 10. The following information shall be delineated on the Exemption Plat A. Existing and proposed easements for utilities, driveway, and irrigation. These easements shall be included on the deeds for the proposed lots, where appropriate. t;' All new utilities shall be buried. -t*C (-{ Ctri .-. c rr fl | ,- .r-'.-rr,. , , t ' |.7 4{i; a 1, | < "', t ' \; 'f ..cr " i,-r .,: tf,,.* B. The location of the 3}-foot access and utility easement granted by Tonder and Wasserman in accordance with the Easement Agreements recorded with the Garfield County Clerk and Recorders Office shall be accurately delineated. o t I,Cc, &, 1 1. That the following plat notes shall appear on the Exemption Plat: A. All new structures or uses shall avoid areas of natural drainage to the maximum extent possible. B. No further divisions by exemption from the rules of Subdivision will be allowed. C. Individual Sewage Disposal Systems shall comply with the Garfield County requirements. D. Slopes exceeding 40% shall be restricted from development. Areas of disturbance shall be revegetated with appropriate vegetation. Cut and filI areas shall be kept in o Coulter's Pocket, LLC. ExemPtion BOCC: 4l'7103 Page 16 balance and to a minimum. Disturbance of the existing vegetative cover shall be minimized. E. Geologic Hazards on the Parcels shall be mitigated per County regulations F. Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado. G. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. H. 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. 25'7-40I, et. seq., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. I. A11 exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. J. 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 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. K. 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. lui\61 hrt ',visr"'t't' t , it "Et''*, o 83/76/2803 20i44 6218627 ROAD AND BRIDGEo o GARFIELD COT'NTY fuildirrs & Plawrrg Dep-bpnr Revicw Agency Form t? Drtc Sent; ?J25lO3 Comncnll lluc:3I24rO3 Name of applicarion Coulter's Pocka, t LC Scnt to:C-arfiCd Crx-rntv ard Bridac Dcn. Garfield Coumy roqucsts ),our oomrncnt in rwiew of this project. Plcase noti$ the Planning Dcprrtrnent in the errcnl ytlrr sre uruble to rcepord by the dcadline. Thic form mey be used for your r€rponse, or )rou mty attloh your orrn rddrtional shas rs necerssry. lVritten @mmoils rnsy h mdld, cmailod, orhxod to: Garficld County Building & Plarming Staff contrct: Tamara Prcgl 109 Ee Strraeq Suite 301 Glcnruood Sp.rngq CO El6Ol Fcx: Y/0-384-?470 Phone: 970-945-8212 General cornments: Garfidd-Cgrnty Rord rnd BridtcDceertnrcrlt lus corru o th dninage trom tlre road leadiog to thir Fqperty. Scrrcrc rnrd flow problemr heve oerrod scnding rnrd flows roross both hocs ofBtFlcmem Prrtwey. This probleQl tlis to bc cogoctod heforc Garfield CourE.Rord rnd Bridge Dcprrtr-[-^nt crn i$ue or eddross Eny driw:unv r-rmir irgrer Atpr thir drainrge problcm har boqn corrrcted rd aoproved by the Garfidd County Eryinccr epd Garfiel4 Coury Planning rrd Zoning DernnrCnt the Road and Britga flmrrtrnmt sill olrlrmc rhr ll*rnrgg ttlrra ,,,l l -.rl I .. t: ,-t L -,,,',,1'l]l ':Ll'/ reJUi\i I l, r , ;_, rvi - {, ;,{-ANNTNG Name of rwiorv Crrrficld Crrrfrr Rod rnrl Rridcc fterrr Rsviied 3/3or00 o To: Attn: Date: Project: Re: Garfield County Building and Planning Department Tamara Pregl Wednesday, March 12, 2003 Coulters Pocket Exemption Engineering department review of the subdivision exemption project Tamara, I have reviewed the above-mentioned project submittal in accordance with section 8:00 of the Garfield County Subdivision Regulations. I have the following comments and recommendations. 1. GeneralComments: 1 .1. A full sze (2a"x36") sketch map or maps, showing entire project and adjacent landowners per Garfield County regulations, section 8:00 shall be submitted for engineaing review. Map should show all information noted in regulations and additional information requested per this review. 1.2. My review of the application is hindered due to the quality of maps and information supplied not being adequate for a thorough engineering review- All maps and applicable engineering information slrould be resubmitted by the applicant in a form stated in se6ion 8:00 of the cunent county regulations. Once received, I will perform a final review of this project. Cunently with he information submitted, I have the following commenb. 2. Access Road 2.1. The access road design and existing conditions shall be improved to meet or exceed county standard 9:35, Rural Access. Due to he approximated ADT munt I performed. The road surface could be class 6 ABC in lieu of chip seal. The access road should have a minimum Right of Way of 50 feet per these regulations. 2.2. The access road must be accessible year round for emergency equipment. The design of fre grades, curves etc. shall be adequate to accommodate emergency vehicle. Please submit a design for review of the access roadway showing grades, cuNes, easemenb etc. 2.9. A site storm drainage plan shall be submitted concunently with tfre roadway design for revisiv. This particular project has existing storm drainage inadequacies that need remedied prior to any additional roadways being installed. 2.3.1.1. All drainage plans shall be approved by battlement mesa development due to he roadway draining onto batlement parloaay cunenfly and into feir existing storm drainage system. 2.4. The proposed subdivision access road and existing CR 308, and Battement Mesa Parl$/ay East create a dangerous intersec{ion. Submit a detailed drawing showing realignment of the intersection. Coordinate design with both Garfield County Road & Bridge departnent and the owners of tte Battlement Mesa Subdivision. 2.5. Access road sketch and the existing tenain do not appear to be a workable design. Please submit a more dehiled drawing showing existing topography and limib of excavations and fills. lt appears fre roadway will meander off tre applicanfs property onto the adjacent properties. 3. DOMESTIC WATER and SANITARY SEWER 3.1. Eisting well permib are in fre former property owne/s name. All permib must be in the applicants name. submit revised well permib 3,2. Submit a dehiled design of the proposed shared water system. The design should show all existing and proposed easements, distribution system location and method. The plan should also show where the storage tanks and the fire protections tanks are to be located and proper access easernenb to them for maintenance etc. system shall be designed by a licensed engineer. 3.3. Section 8:42, D one through seven data shall be submitted for engineering review. Due to the location of he subdivision, I recommend a minimum of i bur-hour pump test be completed on the proposed wells of monitoring wells. Test data should be reviewed by fre Garfield County Engineering Dept prior to approval of fie exemption. 3.4. A water quality report shall be submitted. 3.5. I recommend that the subdivision pohble water system be supplied by the existing Battlement Mesa cental water system. Submit a copy of a letter fom battement mesa with their response to this request. lt appears this central system is located just off the north end of the proposed subdivision. 3.6. I recommend the sanitary sewer system be supplied by the batUement mesa central system. Please submit a letter stating their input on this recommendation. Page 1 of2 Jrn 144 EastThird Street, Rifle Co'625-6172 ext.4002 MAarw. garfield-countv.com, inelson@garfield-county.com C:\Documents and Setings\Fregfi.Local Setlngs\Temporary lnternet Files\OLKBVevi?w{1.doc EXHIBIT T.oos T o o 4. IRRIGATION 4.1. The site contains an anay of existing inigation ditches. lnclude all existing and proposed ditches, easements, etc. on he overall sketch map and r+submit for review. Detail the proposed inigation ditch distribution mehod and routing on the sketch plan. 4.2. Supply documentation on tre legal owner of fre existing Shutt ditches and shares per subdivision. 4.3. Submit a letter fom battement mesa stating their input on tre inigation and water rights and relatjon to he subdivision. lt appears hey have righb in hese ditches along wittt other adjacent landowners. 4.4. Due to the limited amount of inigation water in this area and ib bearing on the recharging of the aquifer in which the wells will be pumping from, the inigation system, existing and proposed must be deEiled for successful use of the domestic water wells within and adjacent to the subdivision. 4.5. Soils map submitted appears to be ficr a different location. Submit a nerrv SCS map of the existing site location showing the limib of the suMivision on the map. lf you have any questions or concerns, please do not hesitate to call. Sincerely, Jeff T Nelson Assistant County Engineer Page 2 of 2 Jfi C:\Documents and SetirEsvpregllocal Setings\Temporary lntemet Files\OLKBvevkxil{1.doc o GRAND VALLEY FIRE PROTECTION DISTRICT 1777 E. BATTLEMENT PARI(WAY PO BOX 295 PARACHUTf,, CO 8T635 (970) 28s-9119, rAX (970) 28s-e748 o ft, $,jq lI{ f \,,8I) u,f',|.,;ii ";,;, i',i?*f,,..., r ,i" / i' ..t .r, February 5, 2003 Garfield County Building & Planning Dept. lo9 8rh Street, Suite 303 Glenwood Springs, CO 81601 Subject: Fire Protection Plan for Watkins Realty Subdivision Application, Update B&P Department, I was faxed a request by Billie Burchfield, Watkins Realty lawyer, to update their fire plan proposal. It appears that the project has been underway for a while, I'm not sure it has ever been approved. I am very concerned about the access into the property. The location that is shown on their map is not anywhere close to what is actually at the entrance. It would be good to have the West End Road Foreman go by and veri$ that what they're proposing is possible. I don't believe there is enough room to put in an access road of required dimension and have enough room to make all the necessary turns. IfI can be ofany assistance, I can be reached at (970) 285-9119, or cell (970) 285-9851 David A. Blair District Fire Chief, GVFPD Xc: File EXHIBIT Ia j o o MEMORANDUM To: Tamara Pregl From: Steve Anthony Re: Comments on the Coulter's Pocket Subdivision Exemption Date: March 24,2003 Thanks for the opportunity to corrunent on the Subdivision Exemption. There are issues related to roadside disturbances caused by the road going into the proposed area. During periods of high moisture erosion control may be a problem with this road, therefore it is important that the applicant detail a revegetation plan and soil plan. 1. Noxious Weeds A. Inventory and mapping-The applicant needs to map and inventory the property for all County- listed noxious weeds. B. Weed Management-The applicant shall provide a weed management plan for the inventoried noxious weeds C. Common area weed management-The applicant needs to state in the weed management plan who will be responsible for weed management on the road into the project area. 2. Revegetation The revised Revegetation Guidelines from the Garfield County Weed Management Plan calls for the following: A. Plant material list. B. Planting schedule. C. A map of the areas impacted by soil disturbances (outside of the building envelopes). D. A revegetation bond or security at Preliminary Plan and prior to Final Plat (or final approval). The applicant will need to provide the plant material list and planting schedule. Please provide a map or information, prior to final approval that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. The Board of County Commissioners may determine that a revegetation security is necessary if the project has: 1. A potential to facilitate the spread of noxious weeds. 2. A potential to impact watershed areas. 3. A potential for visual impacts from public viewing corridors. 4. Steep slopes (15% or greater) or unstable areas. 5. Disturbs large areas (Half an acre or greater) LEXHIBIT Ia o o The security shall be held by Garfield County until vegetation has been successfully reestablished according to the attached Reclamation Standards. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. 3.Soil Plan The Revegetation Guidelines also request that the applicant provide a Soil Management Plan that includes: A. Provisions for salvaging on-site topsoil. B. A timetable for eliminating topsoil and/or aggregate piles. C. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. Please feel free to contact me at 625-8601 o GARFIELD COUNTY NOXIOUS WEED LIST Common name Scientific name o Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum fficinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea dffisa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamartx ramosissima Chrys anth emum leucanth eum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria E I ae agnus angus tifo I i a Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive EXHIBIT ti -coo! O o o bo l<P C) o+) +) o() (n €, lr(.) )U {-) C) (.)a(€r! o,-! oo ca U aaotro 63 tr C) o I a+io oa B(.) IJ oaf Oa CO IJ] Eo.! oo co & Qaaotio cd !o o I A.U) +<o rrlz Bo +) C) H()a r! H ,..,! oo co &OaaoLo ti C) o I A.a q-.r t<oz B C) a-oo-uad)r-0)x F] UII a\+)q)w -c)o Rra 6Lo+) ---oU oo ,1) i)or3 lir EQ € r$ ,rc l1) i$ rU r) ii-r,l) !r llr BrU C) C) U) CO C)qr oA.€ o,i Ia(d C) B() obo L ca € (go& p o+) cgotiO lios+ro iro Bo -Hoo-+rq AtL() X rI] UjI 6:)()v -e)o Rr 0a\Lc)+) --l)o Q o o C) C) U)(o trl q-.io o.t< t< z Bo () Hoa rrl +t +) oq d (1 o.t<!F{ oo co U tr CO o +)a C) C) O(1 C)a tr.l+ro og o ,ts 0 r! B() @ co &U o,! +)ad rI] Bo dH-!,.-rF)q dI)r()x F] UjI G*) e) ,}(q)o Fra a\ Lt 0){i -I)oU 32 o S5-Potts loam, 3 to 6 percent slopes. This deep, well drained, moderately sloping soil is on mesas, bench- es, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipi- tation is about '14 inches, the average annual air tem- perature is about 46 degrees F, and the average frost- free period is about 120 days. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. lncluded with this soil in mapping are small areas of Olney, Kim, and lldefonso soils that have slopes of 3 to 6 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Etfective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moder- ate. This soil is used mainly for irrigated crops and hay and for dryland farming (fig. 10). Alfalfa, small grains, and grass-legume hay are grown. Small areas are used for grazing. These soils are usually irrigated by flooding. Drop structures in irrigation ditches, grassed watenvays, and minimum tillage prevent serious erosion. lrrigation water should be carefully managed to avoid piping and erosion. Cover crops or stubble mulching also help to limit ero- sion in dryfarmed areas. The native vegetation on this soil is mainly wheat- grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Pheasant, mourning dove, cottontail rabbit, some mule deer, and squirrel find habitat on this soil. Community development and recreation are limited by low strength and the shrink-swell potential. Dwellings and roads can be designed to overcome these limita- tions. Community sewage systems will be needed if the population density increases. This soil is in capability subclasses llle, irrigated, and lVe, nonirrigated. + 56-Potts Ioam, 6 to 12 percent slopes. This deep, well drained, moderately sloping to rolling soil is on mesas, benches, and sides of valleys. Elevation ranges from 5,000 to 7,000 feet. This soil formed in alluvium derived from sandstone, shale, or basalt. The average annual precipitation is about 14 inches, the average annual air temperature is about average frost-free period is about 120 days. Typically, the surface leryer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam about 24 inches thick. The substratum is pinkish white loam to a depth of 60 inchets. lncluded with this soil in mapping are small areas of Kim, Olney, and lldefonso soils that have slopes of 6 to 12 percent. These areas rnake up 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Etfective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is severe. This soil is used mainly for grazing, wildlife habitat, and some dryland farming (fig. 10). Wheat, barley, and oats are grown. Minimum contour tillage and stubble mulching help to prevent excessive erosion. The native vegetation crn this soil is mainly wheat- grass, needleandthread, an,d sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing improves and maintains range condi- tion. Reducing brush improves range. Seeding improves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seed- ing. Preparing a seedbed and drilling the seed are good practices. Community development and recreation are limited by low strength, shrink-swell potential, and slope. Dwellings and roads can be designed to overcome these limita- tions. Community sewage systems will be needed if the population density increases. This soil is in capability' subclass lVe, irrigated and nonirrigated. S7-Potts-lldefonso complex, 3 to 12 percent slopes. These gently sloping to rolling soils are on mesas and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The lldefonso soil formed in very strongly caloareous, basaltic alluvium and small amounts of eolian rnaterial. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost-free period is about 1210 days. The Potts soil makes up about 60 percent of the map unit, and the lldefonso soilt; makes up about 30 percent. The Potts soil is on slightly concave positions, and the lldefonso soil is on the brearks of steeper slopes. The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clery loam about 24 inches thick. The substratum is pinkish white loam that extends to a depth of 60 inches. o t -cana EXHI BIT o o 33 FLE AREA, COLORADO permeability of the Potts soil is moderate, and availa-- ^'" -*ri"t caiacity is high. Etfective rooting depth is.60 i'r.n"t o, more. Surface runoff is slow, and the erosion iazard is moderate'. ."T[; lldefonso soil is deep and well drained' Typically' ,no'.-rtf""" layer is brown stony loam about 8 inches ilr'rcr. fne und-erlying material is white, calcareous very "inn, toam that extends to a depth of 60 inches' "'-pd,meaUitity of the lldefonso soil is moderately rapid' ,nd available water capacity is low' Effective rooting ffih it about 60 inches' Surface runoff is slow, and the erosion hazard is moderate'"'in-irra"o with this soil in mapping are small areas of Ofney anO Kim soils that have slopes of 3 to 12 percent' ih;;'" at"a. make up 5 to 15 percent .of the map unit'' ines" soils are uied mainly for limited grazing and wildlife habitat." id native vegetation on the Potts soil is mainly wneatgrass, neetleandthread, and sagebrush' . The n"tl*"r"g"tation on the lldefonso soil is mainly pinyon ana Utan-jrniper and an understory oI lndian ricegrass' iln""igi".i, junegrass, serviceberry, bitterbrush, and sa- oebrush." When the understory vegetation deteriorates, grasses almost disappear and iorbs and shrubs increase' Proper- lv managing grazing maintains and improves range con- iitlon o" Soin soits. Seeding improves range on the Potts soil if it is in poor condition. Crested wheatgrass, *eitern wheatgrass, and Russian wildrye are suitable for s"eding. Prepa-ring a seedbed and drilling the seed are gooa iractices. Heducing brush on the Potts soil im' firoved the range. Properly managing the vegetation on ihe lldefonso sbil maintains wood production and graz- ing. Selectively thinning pinyon and juniper improves grizing and provides flrewood, posts, and Christmas trees. Tne ttd"tonso soil is suited to production of pinyon and Utah juniper. lt can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one loot) of 5 inches. The low available water capacity affects survival of tree seedlings' ft/ut" d""t, witd turt<ey, chukar, gray squirrel, cottontail rabbit, and some phea-sant find habitat on these soils' Corirmunity deveiopment is limited on the Potts soil by bw iGngtn, shrink-swell potential, and slope'.Communi' ty develoFment is limited on the lldefonso soil by steep slopes. ThG complex is in capability subclass Vle, nonirrigated' annual air temperature is about 46 degrees F, and the average frost-free period is about '120 days'- in"'pott" soil makes up about 60 percent of this unit' and the lldefonso soil makes up about 30 percent' -The Fotts soit is in slightly concave positions, and the llde- fonso soil is on the breaks of steeper slopes'- ih; Fotts soil is deep and well drained' Typically' the surface layer is brown loam about 4 inches thick' The irnioir is ieddish brown clay loam about 24 inches thick. in" irUtttrtum is pjnkish white loam to a depth of 60 inches." iermeaOility of the Potts soil is moderate, and availa- Ote water caiacity is high. Effective ro-oting depth is 60 in.n"r or more. Surtace runotf is medium, and the ero- sion hazard is moderate.-'1n" ttO"tonso soil is deep and well drained' Typically' the surface layer is brown' stony loam about 8 inches thick. The unO-ertying material is white, calcareous very stony loam to a dePth of 60 inches.--idrmeaoility of ihe lldefonso soil is moderately rapid' and available water capacity is low' Effective rooting O"ptf' is .Uout 60 inches. Surface runotf is medium' and the erosion hazard is moderate' iniruo"o with this soil in mapping are small areas of Morval and Lazear soils. The Morval soils are at the nign"i elevations. The Lazear soils are shallow and are on" ridge crests and steep mountainsides' These areas make Ip 10 to 18 percent of the map unit' Thes6 soils are used mainly for limited grazing and wildlife habitat. ine native vegetation on the Potts soil is mainly *neaigrais, neetleandthread, and sagebrush' . The natire-regdtation on the lldefonso soil is mainly pinyon "nO Utan-irniper and an understory ol lndian ricegrass' *neatgrasi, junegrass, serviceberry, bitterbrush, and sa- gebrush. When the understory vegetation deteriorates, grasses almost disappear and iorbs and shrubs increase' Proper- lv managing grazing maintains and improves range con' dition oi Soih soits. Seeding improves range in poor "onOition in less sloping areis of the Potts soil' Blue- bunch wheatgrass, 'wdstern wheatgrass, and need- leandthread are suitable for seeding' Preparing ^the .L"OU"O and drilling the seed are good practices'. Con- irorfi"g Lrusn on ttie Potts soil improves range that.is p.Jriing more shrubs than are normally found in the [oi"nti"f-pf"nt community. Properly managing the under- Story ,"d"tation on the lldefonso soil maintains wood prorir"tiot and grazing. Selectively, thinning pinyon and iuniper improveJ grazing and provides firewood, posts' and Christmas trees.-- in6 lldefonso soil is suited to production of pinyon and Utah juniper. lt can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average Jiameter (at one foot) of 5 inches' The low available water capacity affects survival of tree seedlings' Gr+' S8-Potts-ltdefonso complex, 12 to 25 percent slopes. These strongly sloping to hilly soils-.are..on meias, alluvial fans, ind sides of valleys'. Elevation ,anges from 5,000 to 6,500 feet. The Potts soil formed in alluiium derived from sandstone, shale, or basalt' The ttoetonso soil formed in very strongly calcareous, basaltic alluviumandsmallamountsofeolianmaterial'Theaver- age annual precipitation is about 14 inches, the average oo SOIL SURVEY34 Mule deer, wild turkey, chukar, gray sq-uirrel, cottontail rabbit, and some pheasant lind habitat on these soils. The steep slopes limit community development. Struc- tures are needed to divert runoff to minimize gullying and erosion. This complex is in capability subclass Vle, nonirrigated. S9-Potts-lldefonso complex, 25 to 45 percent slopes. These hilly to very steep soils are on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The lldefonso soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost-free period is about 120 days. The Potts soil makes up about 60 percent of the map unit, and the lldefonso soil makes up about 30 percent. The Potts soil is in slightly concave positions, and the lldefonso soil is in the steeper, breaklike areas. The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoil is reddish brown clay loam aboul24 inches thick. The substratum is pinkish white loam to a depth of 60 inches. Permeability of the Potts soil is moderate, and availa- ble water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is severe. The lldefonso soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly cal- careous very stony loam to a depth of 60 inches. Permeability of the lldefonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is about 60 inches. Surface runoff is medium to rapid, and the erosion hazard is severe. lncluded with this soil in mapping are small areas of Morval and Lazear soils. The Morval soils are at the higher elevations. The Lazear soils are shallow and are on ridge crests and steep mountainsides. These areas make up 10 to 18 percent of the map unit. These soils are used mainly for limited grazing and wildlife habitat. The native vegetation on the Potts soil is mainly wheatgrass, needleandthread, and sagebrush. The native vegetation on the lldefonso soil is mainly pinyon and Utah juniper and an understory of lndian ricegrass, wheatgrass, junegrass, serviceberry, bitterbrush, and sa- gebrush. When the understory vegetation deteriorates, grasses almost disappear and forbs and shrubs increase. Proper' ly managing grazing on the Potts soil maintains and ihproves the range condition. Properly managing the vegetation on the lldefonso soil maintains wood produc- tion and ground cover. The value for grazing is low because of steep slopes and the tree canopy' Firewood, posts, and Chriitmas trees can be harvested from the more gently sloPing areas. The-lldeionso soil is suited to production of pinyon and Utah juniper. lt can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foot) of 5 inches. The low available water capacity atfects survival of tree seedlings' Steep slopes anO tn6 severe erosion affect harvesting' Mule deer, wild turkey, chukar, gray squirrel, cottontail rabbit, and some pheasant find habitat on these soils' Community development is limited by very steep slopes. This complex is in capability subclass Vlle, nonirrigat- ed. 60-Rhone loam, 5 to 30 percent slopes. This deep, well drained, gently sloping to steep soil is on mountain- sides and ridges. Elevation ranges from 7,600 to 8,600 feet. This so'rl formed in residuum from sandstone and marlstone. The average annual precipitation is about 20 inches, the average annual air temperature is about 40 degrees F, and the average frost-free period is less than 75 days. Typically, the upper part of the surface layer is brown toam about 8 inches thick, and the lower part is brown sandy clay loam about 20 inches thick. The underlying mateiial i6 brown extremely channery sandy clay loam aboul 24 inches thick. Sandstone is at a depth of 52 inches. lncluded with this soil in mapping are small areas of Parachute and Northwater soils. The moderately deep Parachute soils are on smooth ridge crests and west- and south-facing side slopes' The Northwater soils are on north-facing siOe slopes. These areas make up about 10 to 15 percent of the maP unit. eermeibitity is moderate, and available water capacity is moderate. Etfective rooting depth is 40 to 60 inches. Surface runotf is slow, and the erosion hazard is slight' This soil is used mainly for wildlife habitat and limited grazing.- The- native vegetation is mainly brome, needlegrass, and sagebrush. There are small areas of dwarfed aspen, but they are of little or no commercial value. When range condition deteriorates, forbs, shrubs, and Kentucky bluegrass increase. Properly manqging grazing maintains and- improves range condition. Seeding and removing brush improve range on less sloping areas if it is in po-or condition. lntermediate wheatgrass, slender wheatgrass, and mountain or smooth brome are suitable for se6ding. Preparing the seedbed and drilling the seed are good practices. Elk, mule deer, coyote, grouse, and rabbit find habitat on this soil. Use of this soil for community development or as a source of construction material is limited by steep slopes. t ffi ( i ii-lili ',ir'ci ir: !t rl) . ..i { !t f-4 I t:p, rage r ()r r o a Tamara P From: Jake Mall Sent: Tuesday, March 25,200310:30 AM To: Tamara Pregl Subject: Coulter Pocket Exemption Tamara: This is a follow up to my comments on Coulter Pocket. The drainage from the access to this property has caused problems several times with mud flowing from this access across the 4-lanes ofBattlement Parkway. This problem has resulted in having to send equipment to clean up the mud, even having to call - personnel out on off hours at overtime rate. After the mud dries we have to send personnel back to sweep the dried mud from the pavement, spending more dollars. This problem has created lraffichazards every time it happens. This drainage problem needs to be corrected before more activity takes place using this access. Let me know if this is what you needed for more comments. Thanks, Jake IT IoI 312512003 t e Tamara Pregl From: Jeff Nelson Sent: Friday, March 21,200310:14 AM To: Tamara Pregl Gc: GARCO Attorney Subject: coulters pocket Tamara, A couple of issues have been brought to my attention by adjacent landowners. The legal notice posted on site is missing as of today. They went to get the public meeting date from the posting and it was not there. Adjacent landowners have no[ received a notice from the applicant. They want to attend the public meeting for comments etc.. Could you let me know the status of the meeting and project? Sincerely, Jeff T Nelson Assistant County Engineer jnelson@garfield-cou nty. com Garfield County Engineering Dept. 144 E Third St. Rifle, Co.81650 tel:970-625-6172 fax: 970-625-0908 312y2003 o @" " (gzo) 985-z9go @-%u, brulfu{tu@u*.o* @/t" El. @-,qte ,%*rry"tgr* @ @. @), 476 @rr"frrb' @@ SfiSA a % (szo) e*d-e/M &a**t@"* (grd 96-88/8 January 17,2003 Garfield County Planning Dept 109 8ft Street Suite 303 Glenwood Springs, CO 81601 Re: Coulter's Pocket L.L.C. - Subdivision Exemption Application Dear Kit Enclosed is a SubdMsion Exemption Application for Coulter's Pocket. This is a7O acretract requesting a division into four tracts of approximately 17.5 acres each, sketch map and USGS are attached . The water supply for 4 single family dwellings will be provided from two wells. The well permit applications are enclosed. Proposed sewage is septic tank/leach field meeting county requirements. Access is via the historical road referred to as C.R. 354 for which easements have been obtained from Tonder and Wasserman. Copies of Easement Agreements are attached. Title documents from 1958 to current are also attached. Utility easements are also in place and it is anticipated that Holy Cross will provide electric, Public Service will provide gas, and Qwest will provide telephone services. Soil classifications are enclosed from the Soil Conservancy District. A letter regarding a fire protection plan from 2000 is attached and an update has been requested. Finally, a check in the amount of $300.00 is enclosed for the application fee. Should you have any questions or comments, or require additional information please contact me at the numbers shown above. Kindest Regards, Billie Burchfield cc: Coulter's Pocket !o DIVISION OF WILDLIFE STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES AN EQUAL OPPORTUNITY EMPLOYER Russell George, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297 -1 1 92 ForWildlife- For People Garfield County Building & Planning Department ATTN: Tamara Pregl 109 8th Street, Suite 301 Glenwood Springs, CO 81601 April09, 2003 Dear Tamara, The Colorado Division of Wildlife has reviewed the petition for exemption presented by Coulter's Pockett, LLC. Please consider the following comments. The soils map and soil descriptions provided in the application are incorrect. The map and descriptions provided are of the area surounding Mount Calahan, northwest of Parachute. The correct soil numbers and descriptions for area delineated as Coulter's Pockett LLC are: 56 Potts loam, 6 to 12 percent slopes and 58- Potts Ildefonso complex, 12 to 25 percent slopes. Correcting this error will facilitate analysis of the exemption petition because the condition of the soil resource directly effects witdlife habitat. Soil is the building block for the vegetation that makes up wildlife habitat. A review of the tables for the Soil Survey of Rifle Area, Colorado (USDA, Soil conservation Service) indicates a moderate and severe erosion hazard, for soils numbered 56 and 58, respectively. The erosive soil condition should be addressed to prevent degradation of the plant community to a weedy, less productive, and fire prone condition. All of which could decrease the wildtife habitat available in the area. The juniper forest and mountain shrub and sage communities present in the area proposed for exemption are excellent wildlife habitat, especially for big game animals. The area provides some of the only remaining big game habitat on Battlement Mesa. The ability to mitigate impacts to wildlife caused by developing the area for single family homes would be better served by not exempting the division of this land from the Subdivision Regulations. DEPARTMENT OF NATURAL RESOURCES, Greg E. Walcher, Executirre Director WILDLIFE COMMISSION, Rick Enstrom, Chair o Philip James, Vice-Chair. Olive Valdez, Secretary Members. Bemard Black . Tom Burke . Jefrev Cravvford . Brad Phelos . Robert Shoemaker. Ken Tones I The CDOW's Wildlife Resource Information System (WRIS) data classifies the primary wildlife value of the application area as mule deer winter range. The area is a mule deer winter concentration area and also serves as mule deer severe winter range. In addition, WRIS data classifies the area as elk winter range, an elk winter concentration area, and elk severe winter range. The land described in the exemption petition encompass 70 acres of a valuable patch of remnant habitat roughly 600 acres in size. Winter concentrations of elk on this block of land can approach 500 animals. At least 100 deer use the area annually. A poorly planned division of the land would force wintering animals onto less productive habitat and decrease their chance for survival. Another inevitable consequence is that animals will move onto the remaining agricultural lands, causing damage to private landowners' crops and fences. The Subdivision Regulations foster planned division of the land, which helps avoid impacts to wildlife. Those impacts that cannot be avoided can, at least, be minimized. Planning can incorporate mitigation that is beneficial to wildlife. A division of this land that is guided by Garfield County's Subdivision Regulations would be less detrimental to the deer, elk and other wildlife that utilize the area. Thank you for considering these comments. If I can be of any further assistance to you or the applicant please let me know. o Sincerply, a , ij:'-/'^ '-John Broderick District Wildlife Manager, Parachute cc will Toolen