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Home My WebLink About2.0 BOC Staff Report 03.21.1994E.x/.% 1Z I r7.._B1 6 SPS e� C. 3-1%-q4 LaTisir_ ri a� u.S.F.S. CT-�R.Z waaD) E-41) p� C: 5k7go�vtsc:4 Fry's O F I q8N BOCC 3/21/94 .b6 6.21117r PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision APPLICANT: Rosemary Glas LOCATION: Located in a portion of Section 18, T5S, R89W of 6th P.M.; Located off of CR 137, approximately 1.5 miles up east Canyon Creek, northwest of Glenwood Springs. SITE DATA: 80.0 acres WATER- Well SEWER: I.S.D.S. ACCESS: Access easement from CR 137 EXISTING/ADJACENT ZONING: A/R/RD L RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District F - Rural Areas / Severe Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The exemption parcel is located up East Canyon Creek, approximately 1.50 miles beyond the Okanela Lodge site. The property is heavily vegetated, and relief on the site is extensive, ranging in elevation from 6,800 to 7,600 feet, trending from the southwest to the northeast. The property is currently undeveloped. The site is traversed by East Canyon Creek, as well as an intermittent drainage that flows from the extreme northeast corner of the property. The property also includes a section of the Keyser Creek Trail (USFS #1844), which follows Keyser Creek (East Canyon Creek on USGS providing access to adjacent BLM lands (see vicinity map on pag! .2 ' ). B. Project Description: The applicant is requesting an exemption to split the 80.0 acre parcel into five (5) tracts approximately 16 acres each. The fifth parcel is • • being requested due to the natural split of the creek. The applicant's have submitted a sketch plan indicating the proposed split (see page ). III. MAJOR ISSUES AND CONCERNS A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations state that "No more than a total of four (4) lots, parcels, Interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County clerk and Recorder's Office on January 1, 1973, and is not a part ofa 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 natural feature, preventing joint use ofthe proposed tracts, and the division occurs along the public right -of- way or natural feature, such parcels thereby created may, in the discretion ofthe Board, not be considered to have been created by exemption with regard to the four (4)1ot, parcel, interest or dwelling unit limitation otherwise applicable; Records in the Garfield County Assessor's Office indicate that the parcel consisted of 80 acres in acres in 1957 (Book 302, Page 464 (Reception # 198697)). Therefore, up to four (4) parcels may be created through the exemption process. The fifth parcel is being requested due to the natural split of the creek. B. Zoning. The exemption parcels are consistent with the two (2) acre lot minimum lot size for the A/R/RD zone district. C. Legal Access. Legal access is obtained CR 137, which may in fact be an easement as it reaches the Glas property. Staff conducted fieldwork on the property (on snowshoes), and confirmed that without significant improvements, the road could not likely provide year -around access. D. Water and Sewer. The applicant has submitted two well permit applications to the State Engineer's Office (see letter on pages .19 ,0 30 ). The State Engineer's office suggests that the two well permits be canceled, and request five household permits. In addition, any well permits approved would be restricted to in-house use only. Sewage disposal for the exemption parcel is ISDS. An SCS soil profile for the site is shown on Table 1. Based on fieldwork and the SCS mapping on the site, staff would suggest that an engineer evaluate that each lot is buildable. If the Board fmds that a statement from an engineer is not necessary, Staff suggests that the following plat note be included: "Soil conditions on the site may require engineered foundations and septic systems. At the time of building permit submittal, the applicant will be required to have all structural and ISDS plans certified by Colorado Register Engineer." TABLE 1 GLAS EXEMPTION SOIL PROFILE CONSTRAINTS SOIL UNIT SHALLOW EXCAVATIONS DWELLINGS WITHOUT BASEMENTS DWELLINGS WITH BASEMENTS ISDS % OF SITE #26 (Farlow) Severe (Slope) Severe (Slope) Severe (Slope) Severe (Slope, Depth to Rock) 50% #19 (Cochetopa) Severe (Slope) Severe (Slope, Shrink/Swell) Severe (Slope. Shrink/Swell) Severe (Depth to Rock) 20% #42 (Lamphier) Severe (Slope) Severe (Slope) Severe (Slope) Severe (Perc/Slo Pe) 15% #65 (Torriorflu vents) Flooplain Floodplain Floodplain Floodplai n 10% #11 (Buckton) Severe (Depth to Rock, Slope) Severe (Depth to Rock, Slope) Severe (Depth to Rock, Slope) Moderate (Large Stones) 5% ource: United States Department ognculture, Soil Conservation Service, Soil Survey of Rifle Area, Colorado, Table 7 (Building Site Development) and Table 8 (Sanitary Facilities), 1977. E. State and Local Health Standards. No State or Local health standards are applicable to the application. F. Drainage. Drainage easements, including existing ditches on the property, will have to be shown on the final exemption plat. G. Fire Protection. No letter has been submitted regarding fire protection on the site, although the area may not be included in a fire protection district. Staff would suggest that Colorado Forest Service guidelines regarding wildfire protection be incorporated in the design of all structures. H. School Impact Fees. Each newly created lot (total of 3) are subject to the required $200.00 per lot school impact fee. I. Natural Hazards. The Lincoln-Devore mapping did not include this portion of the Storm King Mountain Quadrangle. J. BLM Comments: The BLM reviewed the project, and had the following comments (see letter on pages 3) 4 3 Z • Keyser Creek Trail traverses the property; • Fence standards will apply to fences erected adjacent to federal lands; • Livestock grazing permits have been issued for adjacent parcels; • All mineral rights are reserved by the U.S.; Any utilities that cross BLM land will require a ROW from the local office. U,S .FS . coM �1r5 - .2 - • . K. Adjacent Property Owners. M. Carter Jolley, representing the Jolly family holdings, has submitted extensive comments regarding the proposed exemption (see letter on pages 33;34 ). Although Mr. Jolly does not object to the proposed exemption, the family had the following concerns: • The Keyser Ditch should be shown on the plat, and plat notes or conditions of approval should be included to ensure that no damage is inflicted on adjacent ditch users; Cattle guards should be placed at the south and north ends of the Jolly Ranch to minimize impacts of increased traffic; If any improvements are conducted on the County Road, care must be taken to ensure the condition of fences, ditches or irrigated meadows. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V RECOMMENDATION Staff recommends APPROVAL of the application, subject to the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. Prior to the presentation of a final exemption plat, the applicant shall submit evidence, signed and stamped by a registered Engineer, that each proposed lot can accommodate a single family residence and a leach field. Building envelopes, consist with the finding of the applicant's engineer, shall be shown on the plat. Any specific mitigation measures shall be included as plat notes. 3. A Final Exemption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be created, access to a public right-of-way, building envelopes approved by a licensed engineer, and any proposed easements for drainage, irrigation, access or utilities. The Keyser Ditch, including wasteways, spillways and proposed culverts/bridges, shall be shown on the plat. 4. That the applicant shall have 120 days to present a plat to the Commissioners for signature. Extensions of time may be granted if requested prior to the expiration date. .as• • • 5. That the applicant submit $200 in School Impact Fees for the creation of each new lot. 6. Driveway permits, if necessary, shall be obtained from the Road and Bridge Department prior to the issuance of a building permit. 7. The following plat notes, in addition to any mitigation suggested by a licensed engineer, shall appear on the final exemption plat: 1. The recommendations of the Colorado State Forester, wildfire prevention guidelines, specified by the pamphlet entitled "Wildfire Protection in the Wildland Urban Interface" prepared by the Colorado State Forest Service (C.S.F.S. #143-691) shall be followed in the construction of all structures. No combustible roofing materials will be allowed. 2. Well permits for the exemption parcels are limited to use inside one single family dwelling only. Outside use for lawn and garden irrigation or livestock are prohibited. 3. Adjacent public land is subject to existing and future grazing leases. 4. A USFS trail traverses the property. Future owners should be aware that public access must be maintained as platted. 8. Control of noxious weeds is the responsibility of the property owner Ll. e Ke Creek rail m t a a on t final exe tion a The Y PP P app ' ant's rveyor sh 1 con i if the OW is easemen r deede J PWatt • jc, 5v13M171-1''`i- ?�iF iµa� APrPT101 uEh•PP.1LA � �oSLo P co w . ____ ��'oUE* ,T �vt pNT+aSQL1,0jil-'p a1 ►. "'SI -`iv (.CoSJ�ai s � Lj 1. ��IL�IJ Fo( -�- LI E^ VE1-0 (� S la p g�.v� �� 1�l�eg M -fug TK�('s� ; � ` RETE g -M I �E PAPA cTS o �► �E �K MA.� � $ Levi � ��►at�o,.J L° .� t . yTEN,r w IT 1+ 'ME St4NIy(., 0p°'`1 or' -FOE P� �. NA ''l 3E � io2`I E�9�6,,,{ 171.-14 .r" Ctrv� P� a� To SE N -r. m ? Lslc'17 !Z. poW '-�.`-tz�L vs�a te ' e- Z� �C �, B i-ovst-rA 4 1-1.045 FLAT ttt, 1 27'30" 4563 III NW 290 (ADAMS LAKE) 292 5' 293 l.' r i 1 o __ Agti N 0 0 .?? OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 STA . 0 �1 n .J V sr • FE `2 ! 1994 February 15, 1994 RE: Glas Subdivision Exemption NE1/4, Section 18, T5S, R89W, 6th P.M. Water Division 5, Water District 39 Dear Dave: • J RADO Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer Thank you for referral for a subdivision exemption located northwest of Glenwood Springs. The applicant is requesting to split an 80 acre tract into five parcels of approximately 16 acres each. The proposed water supply source for the development appears to be an on-site wells. The applicant has submitted two well permit applications to our office, dated January 11, 1994, Receipt #364460 and 364461, for domestic and livestock uses on 40 acre tracts. Under current policies and statutes, we may issue a household use only well permit for each of the five parcels, subject to the following conditions: 1. The 80 acre tract has not been previously subdivided or exempted since 1972. We consider this a one-time exemption and will not make additional permits available for future splits of the parcels. 2. Although Mrs. Glas has made application for two domestic well permits, those applications have not yet been evaluated. If domestic permits are issued for the Iwo 40 acre tracts, Mrs. Irene Green must submit a request to our office to cancel or surrender the two well permits and request five household use only permits. 3. The new well permits will be limited to use inside one single family dwelling only. Outside use for lawn and garden irrigation or livestock will be prohibited. Plat notes and covenants should reflect this limitation. 4. The applicant should provide proof that an evaporative wastewater system will not be required. We could not issue the well permit if any evaporative system is required. 9-• Mr. Dave Michaelson Page 2 February 15, 1994 5. The well permit applications must be accompanied by documentation that Garfield County approved the subdivision exemption. We cannot recommend approval of a permit without this documentation. Should you have further questions or comments regarding the water supply for this project, please contact me at the above address. Sincerely, David J. Fox Sr. Professional Engineer DJF/df cc: Orlyn Bell, Division Engineer Jim Lemon, Water Commissioner glas.sub United States Department of the Interi -�/ {.�l.11ii��^l..d BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 March 10, 1994 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Bean: IN REPIY REFER TO: 1785g (7-880) In response to the proposed Glas Subdivision located in Township 5 South, Range 89 West, Section 18, NXHEi%, Sixth P.M. up East Canyon Creek, I offer the following statements for your scheduled March 21, 1994 public meeting. Portions of the Glas parcel are adjacent to public lands administered by this office. Current uses on the BLM include livestock grazing, wildlife habitat, and dispersed recreation such as hunting and hiking. The area serves as winter range for mule deer and elk. 1. Keyser Creek Trail (USFS #1844) traverses along Keyser Creek crossing the Glas parcel and adjacent Bureau of Land Management lands. A right-of-way has been granted to the United States of America for the use and enjoyment of this trail. The USFS, Rifle Ranger District should be contacted to address concerns regarding this trail and trailhead contingencies as it relates to the Glas property. 2. The proponent should be aware of the location of property boundaries to ensure no encroachment occurs on public land. Should any fence construction be considered along a BLM boundary, the fence standards should allow for easy passage by big game, i.e. less than 42" in height with a 10" kick space between the top 2 wires. 3. The proponent should be advised that adjacent public land north of the Glas parcel has current permits for livestock grazing. Under Colorado statutes, it is the landowners' responsibility to construct, and maintain in good condition, a lawful fence protecting their property in order to recover any damages from trespass livestock. 4. Adjacent public land is open to hunting and other recreational uses. The proponent should be aware that such recreation uses are allowed on BLM administered land. 5. The proponent should be made aware that all minerals are reserved to the United States. Therefore, in the future, mining claims could be located and mineral leases or permits could be issued. Also, use of building stone, gravel, or any other mineral material from the property would require a permit from the ELM. -3l 6. We are not aware of the location of utilities for power, telephone, etc. to the property. If utilities are proposed that would cross public land, the utility company would have to obtain a right-of-way from this office. An environmental document would be completed as a part of the ROW permitting process. We appreciate the opportunity to comment on this action. If you have any questions or need additional information, please contact Tiro Byers in this office at 945-2341. Ach►meg cc: Terry Wood, Rifle Ranger District Sincerely, Michael S. Mottic.e Area Manager DISTRICT COURT, COUNTY OF GARFIELD, STATE OF COLORADO Case No g3j)p J-,}_ LETTERS 1N THE MAI I ER OF ❑TIDE ESTATE OF MALCOLM C. JOLLEY, SR., A/K/A MALCOLM C. JOLLEY, A/K/A MALCOLM CARTER JOLLEY, XDeceased ❑Protected Person DMinor ❑Incapacitated Person was (Name) M. Carter Jolley, Jr. appointed or qualified by this Court on ] - i L\ - fl > as: X Personal Representative. 0 These are Letters of Administration. (The decedent did not leave a will.) X These are Letters Testamentary. (The decedent left a will.) O Special Administrator in 0 an informal ❑a formal proceeding. These are Letter of Special Administration. ❑ Conservator. These are Letters of Conservatorship. ❑ The protected person is a minor whose date of birth is O Guardian. These are Letters of Guardianship for ❑ an incapacitated person. 0 a minor whose date of birth is Appointment or qualification is by 0 court order. 0 will. 0 written instrument. These Letters evidence full authority, except for the following limitations or restrictions, if any: Caren L. Seegrist Date: .7 - __Cl Certification Stamp (Deputy) Clerk or Registrar of Court CERTIFICATION or Certified to be a true copy of the original in my eu tody and to be in full force and effect as of: ate LcZ ep y) Clerk of Court This form conforms in substance to CPC 17.REV.1191. -3b-