HomeMy WebLinkAbout2.0 Staff Report BOCC 2.2.98BOCC 212198
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:An exemption from the definition of
subdivision.
APPLICANT:C. Lucille Fischer, et al
LOCATION:A tract of land located in Section 21, T65,
R89W of the 6ft P.M.; located near Cardifi
west of the Glenwood Springs city limits.
SITE DATA:Approximately 90 acres
WATER:Shared well
SEWER:Individual Sewage Disposal Systems (ISDS)
ACCESS:County Road 127 (Three Mile Road);
easement
EXISTING ZONING:R/L/SD
ADJACENT ZONING:North;East: City of Glenwood Springs
South: R/L/SD
West: O/S
I. RELATIONSHIP TO THE COMPREHENSTYE PLAN
The subjecttract is located in the Medium Density Residentiol (6 to less than l0 acres per
dwelling unit) Proposed Land Use District, as designated by the Garfield County
Comprehensive Plan for Study Area I.
tr. DESCRIPTION OF THE PROPOSAL
Site Description: The subject tract is approximately 90 acres in size, located adjacent
to the City of Glenwood Springs, west of the Cardiff Bridge area. Two existing,
smaller parcels of 0.689 and 0.138 acres ire surrounded by the larger acreage and are
proposed to be increased in size. There is an existing dwelling located on a knoll that
is reached from an easement that intersects County Road 127 . Slope across the tract
A.
is steep, generally in excess of 50o/o; however, the area around the residence has
slopes between ZlYo and 36Yo.
Adjacent Land Uses: Land uses adjacent to and in the immediate vicinity of the
subject tractareprimarily residential. The Bureau of Land Management administers
alarge tract west of the applicant's property. See vicinity map, page - / '
Proposal: The applicant proposes to subdivide the tract, by exemption, into three (3)
parcels and, in conjunction with boundary line adjustments, the resultant lot sizes of
the parcels would be approximately 10.0, 7.31, 3.0, anL6.2 acres each, with a
,.*uining parcel of 63.5 acres. See sketch map, page . I ' Parcel A would
result from a boundary line adjustment with the existing 0.689 acre parcel, Parcels B
and C would be exemption parcels, Parcel D would be the result of a boundary line
adjustment, with the remaining acreage constituting the final parcel.
III. MAJOR ISSUES AND CONCERNS
A.Subdivision Regulations: Section 8:52 (A) of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dtuelling 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. In
order to qualifufor exemption, the parcel as it existed onJanuary l, 1973, must hwe
been larger than 35 aues in size at that time and not 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 higltwoy, County roqd or railroad), preventing ioint use of the
proposed tracts, and the division occurs along the public right-of-way, such parcels
thereby created may, in the discretion of the Board, not be considered to have been
created by exemptionwith regard to thefour (4) lot, parcel, interest or dwelling unit
limitation otherwise applicable. For the purposes of definition, all tracts of land j5
acres or greater in size, created after January l, 1973, will count as parcels of land
created by exemptioit since January l, 1973;"
The tract consists of three parcels, all of which have existed since prior to January l,
1973. The existing dwelling is located on a parcel 0.689 acres in size, adjacent to a
B
C
parcel of0.138
See deeds, pages
acresq.t ln sze,
to
which are both surrounded by the remaining acreage.
Technically, the exemption is being sought on the 89+
acre parcel that surrounds the smaller parcels. As the deeds demonstrate, the smaller
parcels are held in separate ownership and are therefore separate lots, according to
the definition of "lot." Staffhas researched the Assessor's records and it appears that
all parcels are in their original configurations. Based on this analysis, this petition
would comply with SectionS'.52 (A) of the Subdivision Regulations.
From discussions with the applicants, it appears the existing parcels would be
increased in size, with three (3) new parcels created by exemption. Parcel A would
4
B
be combined with the Fischer Parcel and Parcel D would be combined with the 0.138
acre parcel, with Parcels B, C and E remaining. See Sketch Plan map, page I I -
Zonng. The entire tract is zoned R/L/SD, which mandates lot sizes of at least 20,000
square feet. However, due to the utilization of well water and individual sewage
disposal systems, the minimum lot size is required to be two (2.0) acres. All proposed
lots would comply with this minimum, lot size requirement.
Slope: The applicant has submitted a slope analysis map, which demonstrates relative
slopes in the area proposed for development. Staffhas calculated that there is an area
of 4.99 acres that is 4OYo slope or less, located around the existing residence. In order
to comply with zoning regulations, all lot sizes must be at least two (2.0) acres in size
(when utilizing well water and ISD systems) and must have at least one (1)
contiguous acre of land, less than 4Oo/o rn slope. The applicant may propose smaller
lot sizes, so long as certain engineering information is provided. See letter and zoning
information, pages /: - lb
Based on staffs interpretation of Section 5.04.02(2) ofthe Garfield County Zoning
Resolutiorq building envelopes smaller than one (l) acre in size may be approved by
the Board, as long as the required information has been submitted and reviewed.
Although staffhas requested the applicant provide the information required by this
sectiorq it has not been submitted. Staffsuggests if the Board is inclined to approve
this exemption, then the petition either be continued for a sufficient amount of time
for the apptcant to submit the information, or the Board may attach this requirement
as a condition of approval.
Due to the excessive slope of the remaining acreage, it does not appear that under
current regulations, the tract is buildable. From north to south, slope ranges from
47o/oto 560/o,withareas of even steeper grades. Staffsuggests that, if approved, the
remaining acreage be combined with proposed Parcel D.
Water Supply. The existing dwelling is served by a permitted, domestic-use well and
the proposed lots would be served by an exempt, domestic well. See permits, pages
/7-/? . Theexi sting well was completed to a depth of 535 feet and has been
gallons per minute. See PumP test
staff recommends the exempt, domestic
well be completed and pump-tested for a period of at least four (a) hours and a well-
sharing declaration be created and submitted to the Planning Department for review.
Soils/Sewer: The method of wastewater treatment is proposed to be individual
sewage disposal systems (ISDS). According to the Soil Conservation Service, the
soils are considered to be Torriorthents-Rock outcrop complex, which are not
evaluated for constraints to building site development and sanitary facilities.
However, the Service states that constraints may be mitigated through appropriate
pump-tested, producing between 5 and 15
informatioq pages JO- 43. Ifapproved,
C.
D
E
F
design and construction. Staffrecommends that, if approved, all building foundations
and ISD systems be engineered.
Access: Access to the property is via an easement, apparently 50 feet in width, which
intersects County Road 127. The easement appears to be a non-exclusive, assignable
easement of indeterminate width, perhaps as wide as 50 feet.
G. Fire Protection. The Glenwood Springs Department of Services has
provided a letter noting the property is within its response district states that
could trigger application of appropriate fire See
Staff suggests the inclusion of the plat note
addressing wildfire protection.
H.Easements: All required easements for access, utilities, water su
required to be shown on an exemption plat.
etc.,will be
school site
approval.
J. City of Glenwood Springs. The Planning Commission has reviewed exemptron
petition and has endorsed the request This decision was based on rural nature
from furtherand density ofthe project and the applicants' desire to protect the hillsi
development. See letter, page -).E-
TV. SUGGESTED FINDINGS
additional develooment
letter page-Jl'-.
I School Site Acquisition Fees: The applicant would be required to pay
acquisition fee for the creation of the exemption parcels, paid prior to
That proper posting and public notice was provided as required for the
the Board of County Commissioners.
complete, that all pertinent facts, matters and issues were su
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed
interest ofthe health safety, morals, convenience, order, prosperity
citizens of Garfield County.
RECOMMENDATION
Staffrecommends CONTINUANCE ofthe petition so the applicant can
the appropriate engineering surveys and information required by Section 5
Garfield County ZonngResolution. Ifthe Board finds that this information
as a condition of approval, then staffrecommends APPROVAL of the a
two (2) exemption Parcels B and C, with Parcels A and D increasing in size
acreages, pursuant to the following conditions:
I before
and that all
is in the best
welfare of the
and submit
.02(2) of the
be submitted
creatmg
2. That the meeting before the Board of County Commissioners extensive and
V
the proposed
1 That all representations of the applicant, either within the application
meeting before the Board of County Commissioners, shall be
ofapproval.
A Final Exemption Plat shall be submitted, indicating the legal d2
5
property, dimension and area of the proposed lots, access to a pub
and any proposed easements for setbacks, drunage, irrigation ditches,
etc.
J That the applicant shall have 120 days to present aplat to the
signature, from the date of approval of the exemption. The B
extensions of up to one (1) year from the original date of approval.
4 That the applicant shall submit School Site Acquisition Fees, for the
exemption parcel, prior to authorization of an exemption plat. The
notified of the appropriate, per lot, fee that will be applicable at time
the exemption plat.
That the recording fees for the exemption plat and all associated
to the County Clerk and Recorder prior to the signing of an
Board of County Commissioners and a copy of the receipt be
Planning Department.
That the exemption plat submittal include a copy of a computer disk
formatted for use on the County Assessor's CAD system.
That all proposed lots shall comply with the Garfield County Zo
1978, as amended, and any building shall comply with the 1994
Code, as adopted by Garfield County.
8 Prior to final approval the Division of Water Resources shall issue
well permit, the well shallbe drilled and pump-tested for a duration of
the well water shall be tested for nitrates/nitrites and fecal coliform
well-sharing declaration shall be created. All information shall be
Planning Department for review.
The applicant shall consult with the Road and Bridge Department
any required driveway permits, prior to final approval.
10. That the following plat notes shall be included on the exemption
"All building foundations and individual sewage disposal systems shall
"The minimum defensible space distance for structures shall be 3
terraiq plus appropriate modification to recognize the increased rate
v)
6
7
9
the plat data,
shall receive
e engineered."
stated at the
conditions
of the
right-of-way,
utilities,
submittal of
on ofthe
shall be
n Plat by the
Resolution of
Building
bmitted to the
approprrate
(4) hours,
and a
ssioners for
may grant
feet on level
fire spread at
be paid
to the
sloped sites. The methodology described in "Determining Safety
Wildfire Safety Guidelines for Rural Homeowners," (Colorado State
shall be used to determine defensible space requirements for the req
space within building envelopes in areas exceeding five (5) percent
"The individual lot owners shall be responsible for the control of
"One (1) dog will be allowed for each residential unit within an
dog shall be required to be confined within the owner's property
enforcement provisions allowing for the removal of a dog from the
remedy in worst cases. "
"No open hearth solid-fuel fireplaces will be allowed anywhere within
One (1) new solid-fuel burning stove as defined by C.R.S. 25-7-401,
regulations promulgated thereunder, will be allowed in any dwelling
units will be allowed an unrestricted number of natural gas
appliances. "
"All exterior lighting shall be the minimum amount necessary and
lighting be directed inward, towards the interior of the subdivisi
provisions may be made to allow for safety lighting that goes
boundaries."
"There shall be no more exemptions from definition of subdivision
parcel created by this approval."
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with
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stoves and
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defensible
il
seq., and the
All dwelling
all exterior
except that
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RECORDER'S STAMP
SIl\II I]NC|.j[ItIIIINY fft
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'Itlts Dnno, Ntarlc tlis 30th ,lav oi Augus t:
in ihe year of our l,orrl one tltousarrrl ttine lrllltrlrerl anrl sixtv-Elve
bcl.,vecrr
' A. I.I. IIACER
of thc Courrtl' o[
(-clorarl,l, oI tlte first l)art, in(l
Garf ie l.d
IiARRY L. f ISCItER an<l T,UCILLE C. f tSCllEIt
of tlre (jolnty of Garfjeld i,r(l Srxte of C^lorr,lo. nf the ccennrt lrrrt:
aul Slatc of
(j,rrrrrry of Garf ie Ld
\\'lTNfiSSIjl'll, rl,it llr^ sii(l pirt y ,rI thc Iirst pert, ior errrl in consirlcrali<,tr ,rI llre srrrrr,,I
len I)otlars Ind otller good atrd vaLttabIe cotrstderaEi'rns
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lo the sai(l part y of the first part irr hantl pairl by thc sairl partics oI lltc secorrrl pxrt' lhr r'c
lrereby confcsserl arr<l acknorvle,lged. Ita s gra'rlc(1, hargairrcd, sold anrl corr..'cverl, rllrl l)v 1llc5e prcselrls (lo
grirlt, l)^rgiin, sell, couvey anrl corrfirnr unto Ilrc sai(l pitties oI llte secorrrl firt, llrcir lreirs art'l essigrt" forc'-'nr,
iIr trrirrcy itr cotnnton Irut irr joirtt tcrrancy' ell ilte follorvirrg rlescrilrcrl lot rtr llxrc'l ol lrrrrl' silrratc' l)'irrg
, iPt *lrcre,,I
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oI Colorarlo. to-rvit:
A Lract r-\[ land in SecEion 21, Township 6 South, Range 89 \'iesL.
Sj,xLh P.ll., bounded by a line described as EoLlows:
Beqinnj,ng ar a poinL tn said SecEion wllel1ce Ehe SotltheasL
corner of said Section bears S. 30'06' E. 182.79 feeti
Lhence N. l"0B' E, 100.00 feet: chence N. 88'52' t^l'
150.00 feet; tlrence S. 1"08'I,J.200.00 EeeL; Llrence
S.88'52'Ii. 150,00 feet; Ehence N, I-'08r ti' 1.00.00 feeE
to Ehe poirtL of beginning,
containing ,689 of an acre, nlore or le:;s.
estate,riSht,title,int.rest'ctainrandtlenrandultatsoeveroIthesairlfartyofthefirstPirt,'ithcrinli!vor
of, in rnd to the above hargairterl prcntises, with the hercditanletrts ^nd appurlenarrces'
TO Ilr\VIi ANI)'fO IIOLD thc sairl prenriscs alrovc bargairrerl trr,l rlcscriIcrl, willl [hc xllltrt.rritr.c(, ]trrto tll.
pirlies of tlrc scconrl part, l|cir lreirs arrrl assigts forcver. Arrrl the sairl prrt ] of rlte lirst parl. lor irim s"t f
his 11s115, exccutors. aurl a(lnrinistrators (lo es covenant. grarrt, l)^rgain nttrl agrce to arrrt rvilh tlre s^;,1 par
oI thc sccoilrl part, their heirs arrrl assigils, thnt at thc tirrc oI tlte etrsealirtg anrl tlclivcry of thcsc presents lle i
rvell seizerl oI the prelrises tbove conveycrl, rs o{ goorl, sure, pcrIcct, ahsolrtte rttd irrrlefersilrlc cstrtc of ittlreritrtrcr,
1'O(jElllllR rvith rll anrl sirrgtrlar the hercrlitenrerrts rn(l apportelances llleretlrllo hclorrging, or in
-^Doerlai'ling, t6e rcvarsion arrrl revcrsiorrs. rotrrainrler anrl rerDrirrrlcrc, rettts.;<.1.< rtrtl proIit< lhcreot; err,l ell
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scal thc rlay arr,l Tcar Iirst alr,,rrc rvriltcl.
rllnler aI,l [orrrt z[oresaid, tlrl lllat lhe saillc arc frcc and clear fronr ell [orrter errrl otltcr *rrrrts. bargains, salcs,
taxcs, assessnlcnts ard ctrcttntlrratlces oI lvhatever l<ill(l or natltre sl)eLer,'
anrl thc abovc I'argaincrl preurises in tlrc rluict anrl pcaccable possession of tlre sai,l pertics of tlre scc,)rll part, lhcir Ir
antl assigus, aqainst all arrrl evcry l)erson or persons larvfully chirnirrg or to claitn llle rvlrole or artv prrt tlrereof, lhe
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GARFIELD COUI{TY
Building and Planning Department
14 November,1997
Ms. Lucille Fischer
P.O. Box 369
Glenwood Springs, CO 81602
RE: Subdivision Exemption Application
Dear Lucille,
I am enclosing the information you requested concerning slopes and their effect on
subdivide your property through exemption from subdivision regulations. The foll
is enclosed:
1l Seaion 5.04.02 €) - Garfield County Zoning Resolution of 1978: In
that all lots must be at least two acres in size tlvith one contiguotts acre that is
slope. Essentially, this requiresthat no slope in excess of 40Yo be disturbed by
However, if items A thru E are observed and submitted with the
envelope smaller than one acre may be utilized for development, with the
slopes in excess of 4OY, are left undisturbed, as above;
2l Guidelines on Sewage Disposal Systems Revised 1994: Unless the system is
registered professional engineer, no system may be approved "Where the
excess of thirfy percent." An engineered system design would not be
application stage; however, it is advisable to investigate building envelopes to
wastewater treatment requirements, at this time.
I am also attaching the letter I sent to Cheryl Chandler advising on the slope co
p rop erfy I recommend that if you intend to pursue thi S exemptlon request
evaluate your prop erry consrst ent with the above req u lrements.However if
and pursue exemptlon re quest,witho utmyassessmentwishothe
information, please advise and I will schedule the application for a public meeting
County Commissioners.
Sincerely,
?arc
Eric D. McCafferty
Senior Planner
945A2n1285-7972109 8th Street, Suite 303
- /J-
Glenwood Springs,81601
a
you do
submitting
request to
information
rt states
than 40oh
n, a buiiding
that
bya
slope is in
at the
the
of your
further
agree with
suggested
the Board of
(l) Based on compliance with all requirenents listed hElein, and;
(2) . Approval bv the Countv Commissioners, which Board mav impose additional
rest:ctons cn &e lorire-a floor arer, coverage, setback and heieht oiproiosC uses or require
adcijuonai olT-streer parlffig, scrremng i'eices anci landscaping, or-any other rcstncEon or
orovision ir de€ms nedrssarv io orotect &-e heaitb- safew anci wi:fii: of thti populauon and uses
bf rhe neighborhccd or zone ciistnct as a conriitron oigrantrng the special use.
5.03.11 Denial of Sceial Use: The Countv Commissioners ma deny any request for qpecial use based
on Ee Efiilhrrsrcai separauori m ierms of ciistancl iiorir sririiar uses on tfie same or orher
lots. the imoactbn ra.ffii voh'ms and sai'ety or on ubhues or anv impact oithe special use
which ir ciethrs iniunous ro the estabiishC lharac',er of the neiehborhocd or zone distrIct m
rviuch zuch spec:d use is proposed to be locared.
5.03.l2 Access Routes: AII conciiuonal uscs and speciai uses must be provideC wrth access routes of
ffiarcdesi-gn !o accommociate treffig vofume generateri by tl'e proposed use and !o provide
safe, convenient access for the use construct# n conluictton to'the proposed use. The
minimum ciesiel' standards shail be the GarEeid CountyRoad Specrficauons.
Conciiuonil end Spccra]
In considenng rvhetha' a use should be added to those uses listed for a zoning district, the
Board's proceiure shdl be that of text amsndm€nt consrderatron, wh-rch may be combined, if
the proioseC use is to be condinonal or special, wirh the condiucnal or siecial use permit
procedure set forth herem. (A. 80- I8C)
5.03. r0
Znne atron
hereln; where uses are listed as S
5.03.13
ccrnm]lElcafion towErs bv tle Fedqai and the
Federal Aviauon where aipropriate. (A. 8+78)
(2)
-a-J
6l
)and/or
*
5.04 SL"PLEMETVT.{RY LOT A-R.EA' REGLI-ATIONS
5.04.01 Lot Sloce Der.errninatjons: In determinrne lot siopes lbr use in establishine mtnimum Iot area
resuremenrs a"d b[rjda6ie ar.i .oru"s and prc'poseC lots of less than nvl (2) acres shail be
cail-uiateC cn rn mdirrciual lor basrs. Co]ntour'inri:ryds of five (5) teer or less shall be used to
make this determinatron. For lots of trvo (2) or more acres in size and tracts of Iand proposed
for other merJrcds of de'relopment wherern creation of rndividual lots within said tract is not
anucrpatd the determinauoi of lot slope shatl be made utilizing avariable topographrc maps.
5.A4.02 De','elcpment Lrnitations Based on Lct Slope:
(1) Lot Size Less Than 1 -{sre: Land with origrnal and undisturbed slope in excess of
ffit be crediteC tow"ard lot area rn determinrn! whether r lot
maid tle mrmmum lot area reqturenents set forth rn the zo:re disrrct regu.lauons:
howrvr. a si:lailer burJciing envelbpe may be approveC bv the Board. as a Special Use
permit, rlter revtew.
Lot Size I Acre or Greater: Such lots shall have a mirumum buriding envelope of I
ffis than tbrw percenr (4096) slopes: however, a smaller
burldlne anveicpe may be aporoveC bv the'Board after review of the foilowing whrch
shail bi submrned b." the ipplicant: '
-/3'
(A). A soil land foundatron investigation prepared by a reglsterod, professional
en9nffi.
(B) A topographic surv6/ wirh contour intenrals of not more than two (2) feer
(C) A site grad.ing and drainage pian prepared by a-register, professionai englneff'
(D) A detailed plan of retaining wails or cuts, 6d fi]ls in excess of Eve (5) feet.
@) A detailedrevegetation Plan.
Atl ofthe above shall show the minimum building envelope size for each lot and shall provide
*ia*e tnat oit structures and faciliues can be b-uit with:in such building orveiope area so as
not to disnrb any fony perc€nt @A%) slope area. The foilowing shall be condtuons of anv
approval:
(A) Foundations shail be desiped by and bear the seal of a registered, professional
engneer.
fB) A-11 Enai plans required lto be zubmiued by a professional eagrneer-shail be
i;;r"r.i; rhE,r fi"al form and shall bear the s6al o? zuch reg:sterei! professional
easneer.
(3)Iots:access easqnars within the derelopment and
a Ea)dmtrm grade of fourteen pacrnt (14%).
(A.
mrnrmum shall with the
Ccx.mtv ln , and the
types of disposal are allowable on
For all
cn&e
03
fb[oxine table shail be
various lot ueas:
TYPE OF DISPOSAL LOT AREA
l-2 acres over
I acre
no (FlI7) yes @Na)
no @N7) yes [Na)
yes
Less than
2 acres
Cesspool (FNl)
Aaaerobic
Disposai On
LorlFN2)
nono no
yes
yesAerobic
Treatment on
Lot (FN3)
Treaunent Off
Lot - Nondis-
chargrng (FN5)
Treatment Off
Lot - Dis-
chargrng (FN6)
ves ves
yes
o/.
'/4'
yes yes
c.Design Criteria (Second or Later Stage Treatment Units):
l-. Soil Absorption System (General):
a. For a system treating and disposing ofeffluent througrh a soil absorption system, the
method for calculating mininum absorption areashall be based upon the amount of suitablesoil and the capacity of the soil to absorbliguids as established by the percolation test
and upon design criteria and construction
standards for such type of absorption system
as set f orth in these gruidelines.
b. Unless designed by a registered professional
engineer approval of such systems must beobtained from the loca1 board of health,
except that this approval rnay be given by the1ocal health departnent if authorized by
regrulations of the lccal board of health forsuch slrstems treating domestic wasteexclusively. No such system may be permitted
in areas under any of the followingconditions:
(1) Where the soil percolation rate is slowerthan one inch in sixty minutes or faster
than one inch in five minutes except thata percolation rate faster than one inch
i.n five ninutes in soils of sandy texture
may be pernitted, or the percolation may
be slowed by soil treatment.
(2) Where the maxj-mum seasonal Ieve1 of the
groundwater table is less than four feetbelow the bottom of the proposed
absorption system.
(3) lihere.-bedrock exists less than four feetbelovr the bottom of the proposed
absorptj-on system.
(4) Where the ground slope is in excess ofthirty percent. i
c. Soil building or replacement will- be permitted
to bring the soil within the requirements ofsuitable soil.
32
-/u'
GARFIELD COUI{TY
Building and Planning
28 October.1997
VIs. Chery1 Chandler
P O Box 868
Silt, CO 81652
Hand Delivered
RE: Fischer Subdivision Exemption Application
Dear Chervi
Pursuant ro your ciient's requesl I have conducted a very basic siope analysis of the subject propeq/
in an efon to advise \zts. Fischer on compl-iance with zoning criteria relative to steep slopes. In
conducting this analyrsis, I relied entireiv on the slope analysis maoping provided by High Country
Eneineerine and inciuded, as an adciendum- within the exemption application.
Tiris analysis has conciuded that. in the aggr-'gate tract, there are approimarely -{.99 acres thar are
409/o siope or iess. erstins ur a senerally contig:.rous manner. Funher. and perhaos more imponantly,
using the same rype of anaivsis. it appears that includei,,vittun ihis acreage, there is approximateil'
1.0 acre of land equal to or less than 300,/o slope. for siring of septic systems.
Based on rhis informatiorL it aopears that with redesigned lots and building enveiopes, the proposed
exemorion could ccmpiy wirh zoning and ISDS crireria. However, it is m1z opinion that the buiiding
envelopes be proposed at this rime. in order to demonstrate to reviewers and decision makers alike
rhat all appiicable citeria can be met. I must also advise that ihe subdivision exemption process is
a discredonary aurhonw oi:he Board of Ccunw Commissionsl5 rvho are under no obligarion to granr
aoproval ro such apoiicarions. Finailv, eiven the slopes on rhe tract. it is advisable to consider the
environmentai impact oi development on these siopes and propose mirieaticn.
As a public sector pianner. I cannct provide any of the suggested, addirionai information. H.r"ou and
vour ciienr agree wirh these recommenciarions. then the suggested information should be supplieC
plior to the Board's considerarion of this apolication. If you or vour client do not agree. piease
advise and I ',viil scheCule this aoplication tbr a public meeling wrth the BoarC. tbr its ultimare
decision.
If I mav be of aiciitionai sen'ice. please do not hesitare to contact me
Sincerelv
?72-t a-
Enc D )lcCafr-env
Seruor Planner
109 Sth Street. Suite i03 (970) 945-8
/c-itz/zs:-tgi:Glenwood Spnngs. CO SI50l
SEO-l]JTR DIU 5 TEL :505-945-5665r
;r'uqy;s-T
I
A'pplication
c complete whcre
r,1 rlicable. TYPe or. nt in BLACK
.'rlK. No overstrikos
or erasures unless
inirialed.
(11 APPLICANT' mailing address
Jan 27 98 15 :56 No .006 P . 15
FOR OFFICE USE ONLY; DO NOT WRITE lN
6tJst t
a
COLORADO DIVISION OF WATER RESOURCES .ry".i;;;';il'il;;;;;t;,,f,t ttUUO RECWED
PERMTT APPLIC.ATIoN.FORM ..r10
r/yaeenurrrousEGRouND**.o WtE.iI." fBOZ."t6
.o*, i * r rcI$r# f^?$'J['fl0#u" * .,ii.lJlu-u* -fftrfiffi$
( I REPLACEMENT FOR NO.
I
t-
NAME C'- I.r a'i 'l -r r lrl sn al!
Srneer -T.1o9 P't uk{ n ..
CITY (zit,
TEI.EPHONE NO.Q AC,ATT T,
(2) LOqATION OF PROPPSED WELL
(i)urtly 6arf1-1tl
ll E Zoltlre e %, Section 2{
r*p.-6-. $ ,nns-3.---- W
WATER USE AN D WELL DATA
e.t.{'
oposed maximum puarPing r.t" (gPrn
Average annuat amount ol
to be appropriated' (abrg'feetl
Numtrer of ocres to tro irrigated:
Proposed totol deptlr l(aetl:
Aquifcr ground water is lo bo obtsind trom:/.f
Ow(lcr's well designation
Recoipt No.
0asin Disl
@
This well shall be used in such a way as to cause
no material iniury to existing water rights--The
issuance pf the permit docs not assure the applicant
that no injury will occur to another vcsted water
right or preclude another owner of a vested water
rilht from seeking relicf in a civil court action.
TPPBOVED FOB DOITES'IIC USE. IUCIIIDIXi TUE
rnnrcAuof of, uot ovtn ot{E tcm 0F EottE
cllDErs AxD IJrNs ryT
PER}.IIT EXPIRATION DATE EXTENDED UNTIL SEPTEI4BET
I6,1979.
PER''IIT EXPIRATION DATE EXTENDED UNTIL SEPTE}IBE1^Y1!8!/w
t
GROUND WATE$ TO BE U$EP FOR:
( ) ITOUSEHOtD USE ONLY - no irrigation l0) .
i xi oor',resrrc tl / I (IllNousrRlAL (51
i --i lrveSrOCK (21 C - d -, , eqlTFnfelfFi€nFt6li iiorrrrr/|enclAL l4l a.) MUNlclPAL (8,
( r orHER (9). -APPLTCATJ_oN APPnovED
PERMIT NUMEEN 307
(41DRILLER
DATE TSSUED
ttlame
5r, eet
EXPIRATI SEP
Gtv
Tclephone No.Lic. No.
-/7 -
COUNTY >-1
SEO-|JJTR DIV 5 TEL :303-945-5665 Jan 27 98 15:56 No.006 P .I4
seciion
ft. from S sec.llnc(notln cr toutnl
ft. lrom E roc. linc(.lrl or wt3tl
-in.
lrom
-fr.
Pcrforated casin0
1 __in. from
15)THE LOCATION L. THE PROPOSED WELLandthetroaon.-
diagram below.
Us€ tho CENTEB SECTION (l rection. 640 acrosl for ths wall location.+- -t- -+ - +- -f- -{-- + - + - +
!<--- r MrLE. szro FE€r
-,-.y,1
-'-54+-
?ooIf ,..+.
I
.t" - -l- -t.
IIl
I
+-{--
+
I
++-++LOT-8LOCK
-FlLlNG
e
-
suEDrvrsroN
(71
LOCATED grnsl;C IJur -i .l t rr F.i sntr!
No. of acrer& . will thir be
tho only well on thas tr.ct?Yes
I++
I-+-+
I++
7'"1-f-+
I++
I
--r--+
I+-{.
I
+
(8) PROFO..S.E-D. CASING PROGRAM
Ptain casing
-
$
Jl-in. from n tr...-/it'-r.,
_64
+
I
.t-
+
I
+
I
++++rt. toll-Q-- ft.
in. from
-
ft. to- ft
(91 FO-R REPLACEMENT WELLS sivodistrnco
and direction lrom old wsll arrd plonr for plugging
it:-+-+-+-+-+--.t--+.-
The *ale of thc diegram ir 2 inctreg = 1 mllo
Erh small 40 acres.
WATER EOUIVALENTS TABLE lRou^dcd Figurcr)
An ocrc-fogt @vors t DGro of lrr€ I toor cralpf cubic loot per *ond (chl . . .449 erllonr pgr mlauro lgpnl
A lrmily of 5 wllt rcqulra t,rrroxirnrroty 1 .cro-lool of w!tc. Dor voar.
1 rro.loor - . .43.5OO cubic tcor . . ,325.9OO l.llonr.
t.(XX, ipm prrmpcd continuourly lor ona dry prcducc 4.112 lcrg-fee t.
(r0) LANp oN wHlcH GROUND I{ATEB tVtu-_FE USEp:
Owner(s)C T.rra'l I 1e ?i sahor No- of rcrer 40
Legat dercription:rl-f,
; Hourehold use ond eggrlS:gusr ladlcote typ€ of di5Poso, svrtcm
u linni tst'lon rcatrl ati'ons.
{11} DETAILEq.DfSqBtP-flgN of the uf of srslsdwi&rro De used' Disnoa]- svslem vr1l I ^uonf o l'm t.o a Dun t
(I2l OTHER,,WAI]EIB FTGHTS uscd on thir land, including wells.
Type or right Ussd for (purporol Oercription of land oa which used
.' .7
(13)THE APPLICANT(S) SrArE(Sl THAT THE TNFORMATION SET FORTH HEREON tS
TRUE TO THE,1 '
')'- ; ,^ .
BEST OF HIS KNOWLEDGE.
/':- .t'.,,/
SIGNATVEE OF A?PLICANI(SI
Use rddltlonel sheott of prper lf more spoce ig required.
- /8'
SEO-hJTR DIV 5
Form No
GWS-z5
APRLIcANT
(970)946-6116
PERMIT TO CONSTRUCT
TEL :503-945-5665
Lot: Elock: Fillng: Subdlv:
A WELL
Jan 27 98 15 :48 No .006 P .0?
Uf flUE r:lr I nr- r'
6iiuon6o DlvlsloN oF wATER REsouRcEs
81 8 Cantonnial 9lrrg., f 31 3 Shormtn St" Oonvar' Colorodo 8O2O3
{303) 860-3601 Lrc
WETI PERMIT NUMBER 2 a6?46
DIV. 6 CNTY. 23 WD 38 OES' BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1t4 SE 1t4 Section
Twp 65 Rng 8gWC. LUCILLE FISCHER
P,o. Box 369
bl-Etqwooo sPRlNGs, co 81602
21
6th P.M.
DlsrANCqS FRoM SECTION LINES
176 Ft. from SOUTH Section Line
75 Ft. from EAST Section Lino
3) Approved pur'usnt to cBS 37-92.602(3xb}(ll)(Al as the on|Y woll on a tract of land of 35,0o1 acres describgd
as that portlon "irhr;; i, se v.,;;;'.';;,i*p. o sorii, nng'89 west' 6th P'M" Garfield countv'
Referencs attached exhlbit A'
4) Tho use Ot ground watef from $r!s w.e[ is [rr,[$d to ffr'c pfotsstio& ordimru h*,'"hora prfiposec rnrldc trp to
3 ain$e famlly owellings, the k,gatlon of not morc than onc lll asro sl homs eardooe and lawnr e'o the
*"t"itng of domestio anlmale'
5) The maxlmum pumping rate shall not exceed 15 GPM'
6) The return flow from the use of thrs wolr must be through an rndividuar wa6te wator dispogal system of the
non-evaporatrve typo where the water .rs returned to the rrrn, iriar* system in which the we* is rocatcd'
7l This well shalt be constructed not more than 2OO feet from thc location specified on this permit'
NOTE: Porcel ldentificatlon Number: 2g'2185'214'OO-OOg * n-' 7-'
Assessor frt-J''ntO'le Number: O8O3O9 4t{q, ,
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
coNplrloils oF APPRO.VAL
1l This well shall be used ln euch I waY og to causs no materlal lnJurY to existing wator rights'The lssuancs of
the permit does not gssure tho aPPllcant that no lnjury wilt occur to another vested water right or Precludo
another owner o f a veeted water right from soeking relief ln a clvll court action
2l The construction of tl'lis well shall be in comPllance wlth tho Watol Well Constructio n Rules 2 CCR 40.2'2,
unlels aPP roval of a varlance has boan g ranted bY the State Board of Exeminers of Water Well Constructioo
and PumP lnstallation Contractors in acco rdance wlth Rule 18,
APPROVED
DMW
DATE ISSUEON 0v 241997 ?*0,
Receiot No
?H-
RATION DATilOV
SEO-UITR DIV 5 TEL:305-945-5665 Je. 37 98 15
COLORADO DIVIS!ON OF WATER RESOURCES
101 Columbino Eldg-, .'1845 Sherman Sr.
Donver, Colorado 80203
7 No .006 P .155
;
I
!
,
THIS,,FORM U.[SI BC SUBMITTED
WITHIN 60 DAYS OF COMPLETION
OF T}IE.WORK DESCRISED HERE.
ON. TYPE OR PRINT IN T'LACI(
INK.
--7-'-
WELL LOG
From To TypO and Color of Material
Water
Loc.
TOTAL DEPTH
Use additlonal pagei necossary to complete log.
WELL COMPLETION AND PUMP INSTALLATION REPORT
'EBM,TN,ME;;
-.?eiiri--- -
t,ff-:..^ f#
'l'.- - ._
iltt t I lssE
rlltr rEsourE[s '
tgr.etcuarr, ol
WELL OWNER ila*v Frs k a-:t€Yr of the ser-% bf Scc.7t
ADDRESS 8* ? AceuupoA SftS, Cr t. €. S . n.__93- rd 6,4
OATE COMPLETEO l/ to ,ls (l
P
HOLE DIAMETEB
in- from to - .' ft,
in. from to' ' ft.
in. froq.- to
-
ft,
CASING ffECORD; Plaln Crslns
Size
--
& kind from
-
to
-Size
-
& kind from
-
to
-
Size
-
& kind from
-
to
-' --' Peiforated Caclng
Size
-
& kind from -- to
-Size
-
& kind ----- from
-
to
-Size-&kind from-to-
GBOUTING BECORD
Material
Jntervals
Placement Method
GRAVEL PACK; Size
lnterval
TEST DATA
Date Tested ,19_
Static Water Level Prior to Test
Type of Test Pump
Length of Test
Sustained Yield (Metered)
-20-
Final Pumping Water Level
SEO_h]TR DIV 5 TEL :503-945-5665 Jan ?7 98 15:58 No .006 P .16
t
TVATER
YAgLE
-'' pdndtrtNSrel tart oN R EPo RT
;jtti I t. ,i !,,-
rumijtiir.frqi q.r l ta-Rlte
dfrrrl sible
Type
Powered by EIectrLC
Pump Serial No.
Motor Serial No
8P4h0 2S
H80
Date lnstalled L/70/8 L
Pump lntake Depth s24 | -or
Remarks
WELL TEST DATA W]TH PERMANENT PUMP
Dato Tested /87
356 r-0n
Static Water Level Prior to Test
Length of Test 2 --
15
Sustained yield (Metered)
alt s1?'
Pumping Water Level
Remarks
State oJ Colorado, CountY of
FOAM TO BE MAOE OUY IN
r^.u.-C AArA cE}fEAr aani* t.rel bt
Garfleld
OUAOFUPLICATE: WHITE FORM must bo an originel
fil.r, wirl tlu Sttlo Enoinorr. FIN( COPY k lor the Owner
copy ort both ridat ,ad rignod.
rnd YELLOW COPY is lor the Drlllar
HP3
coflE OF
DEPFES9IO}I
t
I
Hours
GPM
CONTRACTORS STATEMENT
The undersigned, being duly sworn upon osth, dePoses and says that he is the contractor of the wetl or
pump installation descr ibed hereon; that he has read the statement made hereon; knows rhe contsnt
thereof , ond that the same s own knowledga.
Signature License No. /050
SS
, 1e
-q3Subscribed and sworn to bsfore me this --Jtbv ot January
My Com,nission exPires I{arch 20 ,19- 8l
Notary Public SprLnga, C0 81602Box
J/-
SEO-IJTR DiV 5
YHrd FORM MGT eE suaMITTED
wrHnt 60 oAYs oF coMPLE?toN
OF THE WORK OFSCRIBED }tGAE.
ON. TYPE OR PITINT IN ELACK
lN(.
TEL :503-945-5665 _ Jan 27 98
COLORADO OIVISION OF WATER BESOURCES:
l3t3 Shemran Slreet , Room 818 ',
Oenver. Colorado E0203 i
WELL COMPLETION AND PUMP INSTALLATION B€PORT
PCRMTT
'{UMBER
E63.O'I ..
15:58 N0.006 ?.17
RECEIVEO
DEC I I rg80
H,J"ffiff
I .-.-
\,I'ELL OWNER C^ ?-rra{1a B.ioh
AOORESS 1309 tlt+.k{n Olonwanrt Sprlrrgn
oAT€ cOMPLETED Septarrber 1lr , 19 80
WELL LOG
--_S8-- % ot the --^SA- 7r of Sec. 2t
r. 6 , S-. B.Jg- --rr>
HOLE DIAMETER
+!!- in. from - O to .20 - ft.
-.6+-.- in. fr6m 20 to 535 rt.
DRILLING METHOD not.ry .
6tx P
CASING RECOBD:
Sire ,r* & kind
sir" -6 S/&uina
Plrin Crting
gltn
Stael
from 0 to -{EO-
from ----0.- to DO
Size
-
& kind from
-
to
-Pcrforrtcd Ctiog
from lrSo- to -5J5
from
-
to
-from
-
to
-
size lr* & kind PUn
Size
-
& kind
Size
--
& kind
GROUTING RECORD
Material Noo}
lntervals o-rn
Placement Method u^-,l
GRAVEL PACK: Size
lnterval
IEST DATA
Date Tested Santarnhar rs -0
Static Water Level Prior to Test IAl1
Type of Test Pump
Length of Test ---..
A{r
3 hrs
Sustained Yield (Meteredl
From To Type and Color ol Mlterial
Wrter
Loc.
o
10
lrSO
10
lrSO
53,
O. B.
Red SS & Shale lensee
Bed SS
lrSO-5aO vot:r broken &
rough driltlng
5-?gwa
lrSO
TOTAL DEPTH (r(
Ure edditiona, prger necesrary to cornpleto log.
-e3-
Finat Pumping Water Level <?(
SEO-IdTR DIV 5 TEL 303.-945-5665 Jan 27 98 15 :59 No .006 P . 18
Pump Make
Type
Powered by HP-
Pump Serial No.
Motor Serial No.
WATER
rABLE
Date lnsrolleo
Pump lntake Depth
Remarks
\\
tx
2
WELL TEST DATA WITH PERMANENT PUMP
Dato Tested
Static Water Level Prior to Test
Length of Test Hours
GPMSustained yield (Metered,-......-..-
Pumping Water Level--*
Signature €,
Srate of Coloradb. County of
Subscribed and sworn to berore
My Commission expires
Notary Public t%il N/tn---
CONE OF
DEPRESSIOI{
Remarks
CONTRACTORS STATEMENT
The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or
pump insrallation described hereon: that he has read the statem€nt made hereon j knows the content
thereof, and that the same is true of his own knowledge.
License No. fuZ
SS
,$fr|.
fl._$9.
FoRM ro a€ MADE OUT lN OUA9iUTLTCAIE: wHlrE Fo(lM musr be .n orlaiad Gopy on borh rld$ rnd rigncd.
Wll,TC ANO GBE€N copiir murt b. ,tlrd wirh the Statt Engin:or. PINl( COPY lr for thc Oworr tnd YELLOW CO?Y ir lor 1ftc Drillcr.
- 41-
G.S.D.E.S lD:9709286040 JRN 29'98 tL:12 N0.002 P.02
DBpanTMENT or ETUERcENCy SERvICES
NMS . FIRE Rnscuria
r -29.98
Mr. Eric McCafferty
Garco Planning Departmcnt
109 Stlr Strcct
Glcnwood Springs, CO. 81601
Dear Eric,
This lctlcr is in reference to the proposcd suMivision exernption submiued by l,ucille Fischcr.
The propcrty located at0027 127 Road in Glcnwood Springs is within the boundaries of the
Glenwood Springs Rural Fire Protection District. Firc protectitur ond enrergency mcdical servioos
are provided to the address and will continuc if the exenrption is granrcd.
Please advisc the owners that if these new lots arc to be developed, requircmcnts of the Uniform
li'ire Codc such as adequate water supply for liro fighting, fire departmsnt access roads aud
wilclland [ire mitigation rneasures rnay apply. Other requireurcnts rnay apply dcpending on thc
type of development that is proposed.
If you have any qucstions, please let me know
Sincercly,
J Joncs Fire Marshal,
Glenwood Emergency Ssrviccs
cc: file
,-1{-
S06CooperAvenue . GtenwoodSprings,ColorsdoSl60f . 070)945-2575. Ftx (970)945-2597
afB'
t
JAN 2 11 li]?,i
tJ
qAFEl)B.}IW
{4;.
January 28,1998
Mr. Enc McCafferty, County Planner
Garfield County Planning and Building
Suite 303, Garfield County Courthouse
109 8th Street
Glenwood Springs, CO 81601
RE: Fischer Subdivision Exemption
Dear Eric,
The Glenwood Springs Planning Commission considered the Fischer Subdivision Exemption at
their meeting on January 27,1998. The Fischers were in attendance to present the project to the
Commission. At the conclusion of their presentation and the ensuing discussion, the
Commission moved to favorably endorse the four ( ) lot exemption. The Commission felt that
because the property was outside the City's urban development boundary, the rural style and
density of development were most appropriate. The Commission was especially concerned
about the need to protect the hillside above Glenwood Springs. The notion of some form of
formal protection of the 60 +l- acre parcel intrigued the Commission. They encouraged the
Fischers to thoroughly explore all preservation options for the property.
If we can provide any additional information regarding this discussion, please let know.
Sincerely,
Andrew McGregor
Community Development Director
806 COOPER AVENUE GLEN!7OOD SPRINGS, COLORq.DO 81601 9701945-2575 F,\X:945-2597
Fischer SB-35 212198
The exemption tract is a little less than 90 acres in size and located west of the Cardiffbridge area,
in southern, Glenwood Springs. The 90 acres surrounds 2 much smaller parcels that would be
increased in size tkough boundary line adjustments, in conjunction with this exemption request. An
existing dwelling occupies a knoll, which is reached by an easement to county road 127 . The majority
ofthe tract is quite steep, often in excess of 5Oo/o slope; however, slopes around the residence have
been calculated to be between ZlYo and36Yo.
Adjacent land uses are principally residential and the bureau of land management administers a
sizeable tract west of the property.
This proposal is to subdivide, by exemption, the larger tract into three parcels, with the two existing
parcels increasing in size through boundary line adjustments. Parcel A is the parcel with the existing
iesidence and would be increased in size to l0 acres, Parcels B and C would be exemption parcel of
7.3 and 3.0 acres, Parcel D is an existing parcel that would be increased to 6.2 acres and the
remaining parcel would consist of 63.5 acres.
From deeds submitted in the application and research staff has conducted, it appears that all three
parcels existed prior to January l, 1973. For clarification purposes, the largest parcel is actually the
subject of the exemption request.
In terms of zoning, the tract is zoned R/L/SD, which specifies minimum lot sizes of 20,000 square
feet. This minimum size is increased when individual wells and individual sewage disposal systems
are utilized, bringng the minimum lot size requirement to 2 acres. The proposed lots would comply
with this minimum lot size requirement.
As mentioned earlier, slope of the tract is a significant constraint. The applicants have submitted a
map analyzing slopes around the existing residence, and based on my calculations, there appears to
be slightly less than 5 acres of land that is 40% slope or less. Zorung regulations require that all
parcels greater thanZ acres in size have at least one contiguous acre of land that is less than 40%o
slope, which would be large enough for all improvements. Building envelopes smaller than one acre
may be approved by the Board, after submittal and review of certain engineering information" I have
discussed these slope constraints and zoning regulations with the applicant and have suggested the
applicant provide additional information designating building envelopes consistent with regulations,
however, this information has not been provided. For this reason, staff suggests this matter be
continued to allow the applicants time to submit the information required by Section 5.04.02
paragraph2.
Further, it would appear that the remaining acreage referred to as Parcel E would be too steep to
develop, that it is entirely in excess of 4Ooh slope. The,refore. I guggest it be includgd as part of one
of the exemption parcels, for instance Parcel b.- lJ^*-o f va-6'a€ fiv.., llvtafudta c ['an's
6 do-q A
The water supply for the existing house is provided by a domestic-use well and the exemption parcels
would be served by an exempt, domestic well. The existing well is 535 feet deep and according to
2 pump-tests, produces in the range of 5 to 15 gallons per minute. Staff recommends that, if
approved, the proposed, new well be drilled and pump-tested and a well-sharing declaration be
created, all prior to final approval.
The wastewater would be treated by individual sewage disposal systems and, according to the soil
conservation service, the soil is classified as the Torriorthents-rock outcrop complex. These soil
types have not been evaluated for building site and ISDS constraints; however, the service states that
appropriate site design and construction could mitigate constraints. I would recommend that all
building foundation and ISD systems be required to be engineered.
Access is provided from county road 127 along an easement that may be up to 50 feet in width. It
appears this easement is assignable and non-exclusive, which could be utilized to serve new lots.
The property is served by the Glenwood springs department of emergency services who has noted
in a letter that standards contained within the national fire code could be applied to developing the
new lots.
If approved all easements must be shown on an exemption plat and the school site acquisition fee
would be applicable. However, at this time, I do not know what the fee might be.
Finally, the Glenwood springs planning commission reviewed this proposal and based on the rural
character and low density, the commission has endorsed the proposal.
Based on this analysis, staffrecommends a continuance of the petition to allow the applicant sufficient
time to comply with the requirements of Section 5.04.02. If the Board feels these standards can
otherwise be met as approval conditions, then staffsuggests approval of two exemption parcels B and
C, with the remaining acreage being combined with one of the parcels.