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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.13.1996• 1 BOCC 2/13/96 PROJECT INFORMATION ANI) STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Rosemarie Glas LOCA'IiON: A tract of land located in portions of Sections 4, 18, 19 & 24, T5S R9OW of the 6th PM; located approximately two (2) miles north of the Canyon Creek I-70 Interchange, off of County Road 137. SITE DATA: 683.88 acres WATER: Individual wells SEWER: ISDS ACCESS: CR 137 EXISTING/ADJACFN"t' ZON1NG: A/R/RD L RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District E, Severe - Moderate environmental constraints and District D, Moderate environmental constraints,as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site is located approximately two miles up Canyon Creek from the I-70 Interchange. The parcel straddles C.R. 137 and has Canyon Creek and East Canyon Creek going through portions of the property. The parcel slopes steeply toward the creek bottoms, with the flatter terrain located on the west side of the tract from the east and west. The applicant's house is located on thejarger of the two proposed tracts of land. A vicinity map is shown on page • • B. Project Description: The applicant is proposing split the 683.88 acre parcel into two (2) parcels of approximately 672.0 an 11.88 acres in size. A sketch plan submitted with the application. (see pc ` . ! ) 11. • • III_ MAJOR ISSUES ANI) 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 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 natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, 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; The applicant is requesting the split based on the fact that the property is split off from the rest of the property by C.R. 137 on the south and Canyon Creek on the east. The use of "natural features" as a basis for approving an exemption is a discretionary authority of the Board, that should be used as a basis for approval for the split of property that would not require more in depth analysis through the full subdivision review process. Staff has noted in a prior application, that the "natural features" criteria includes the additional language of "preventing joint use of the proposed parcels". While the parcel in question is physically separated from the main parcel by both the road and creek, staff questions whether the parcel is prevented from joint use when the road actually connects the two pieces together. Given the historic decisions of the Board, it appears that this tract of land would meet two criteria with the "natural features" split created by Canyon Creek and the split created by the County Road. B. Zoning. All of the exemption parcels are consistent with the required two (2) acres minimum lot size for the A/RIRD zone district. The application only has USGS topography on it, so it not clear that there is at least one (1) acre of contiguous land with slopes less than 40% slope. Prior to any plat approval, the applicant needs to submit documentation from a licensed land surveyor, demonstrating that there is at least one acre of contiguous land with slopes less than 40%. C. Legal Access All of the proposed parcels have direct access to C.R. 137. D. Water and Sewer. The applicant is proposing to use individual well augmented by the West Divide Water Conservancy District for the source of domestic water for the new parcel.(See application pgs. - Copies of the approved well permit should be provided to the Planning Department, prior to signing of an exemption plat. The applicant has provided a letter from Tonancanella regarding the potential yield of the proposed well.(See letter pgs._ _) The Board has also required applicants to meet the following criteria prior to making any decision on the application: 4- 1) A well be drilled and a24'hour pump test shall be performed; 2) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 2. • • 3) The results of the 24 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; 4) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; 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) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. Sewer will be provided by 1SDS. Soils on the site are considered to have moderate constraints for conventional septic tanks and leach fields due to slope. E. Building Constraints: The soils information submitted with the application indicates that buildings may be limited by soils due to slopes and large rocks.. A plat note should be included that notes this potential. G. Fire Protection. The Glenwood Springs Department of Emergency Services wrote a letter , stating that the proposed property is in the District and is subject to the Uniform Fire Code requirements.(See _)11w H. Easements. Any required easements (drainage, access, utilities, etc..) will be required to be shown on the exemption plat. I. School Impact Fees The applicant will be required to pay a $200.00 school impact fee prior to the approval of the exemption plat for the new lot. J. Potential Road Impact Fees- If or when the County adopts a road impact fee, the lots created by this exemption will be subject to paying that fee, paid at time of building permit application by the building permit applicant. This provision shall be included as a plat note. K. BLM Comments: The BLM submitted a letter that identified a number of issues for people living adjacent to public land to understand. (See letter pt. 1 IV_ ,SIUGGESTED 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 That the Board continue the meeting to allow the applicant to meet the following criteria prior to making any decision on the application: 1) A well be drilled and a 24 hour pump test shall be performed; 2) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the 24 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; 4) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; 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) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. Staff can recommend approval of the proposed split based on historic interpretations of the natural features and public road split criteria and the approval should be subject to the following conditions of approval : 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, unless approved otherwise by the Board. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of- way, and any proposed easements for setbacks, drainage, irrigation, access or utilities, and the following plat note: "Soil conditions on the site may require engineered septic systems and foundations. Specific ISDS needs on the site will be based on percolation rates at the time of building permit. Property owners have been advised that an engineered foundation may be required and should take the appropriate precautions prior to building. " "Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, by the building permit applicant." 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption. 4. That the applicant shall submit $200.00 in School Impact Fees for the creation of each new exemption parcel. • f- s • 5. All new construction shall be consistent with Colorado State Forest Service wildfire prevention guidelines specified in the pamphlet "Wildfire Protection in Wildland Urban Interface"(C.S.F.S. #143-691) 6. Control of noxious weeds is the responsibility of the property owner. 7. 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IJARR I DC100, 00 110114117 SIAIE IIIAI I AI.I A (4;:0151(100 LAII(1 IA SHRVEECM .ICEIISFD Uld)0) 111E 1'W5 OF 1410 SPATE Of COLORADO, 111A1 OLL). 551 TIII5 PLAT 15 A 1189E, 00120_01 AHD COIAP�EIC PLA[ OF TIIE GI AS 4.01.0715511 SOB() VIS1)11 Ex[MP[1011 •.AID QUI, PL AT1ED, D°DICAIED AHD R00000011 SHOWS) IIFR=C11, MAT I P AI 'NAS MANE FROM 4.11 ACCURATE SURVEY OF 11 1110( SAID PROP:.R FY BY 1,4 0 1 .14 A!Y SIIPERV151011 AND 0ORR0CTLY SHOWS 111A (111 TTI[ LOC Aflo.1111p) 1)111 1510115 01' 111E LO[S, EASEFAE111S AND 114111ES OF GAR( 10I1, c,nlD SUIlIIVi`'I(:ii <5 110 `i41.10 400 STAK=D UPON THE 011011,0 111 WRJ-5•Rev. /6 Application must he complete where applicable. 1 ype or pilot in BLACK INK. No overstrikes Of erasures unless initialed. COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER (X) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP REPLACEMENT FOR NO OTHER WATER COURT CASE NO (1) APPLICANT - mailing address Rosemarie Clas NAME c/o Caloia, !lotto. & Li.gltt., P.C. STREET 1204 Grand Avenue CITY Glenwood Spriii s CO (State) TELEPHONENO (9/0)9)45-6067 131601 (Lip) (2) LOCATION OF PROPOSED WELL County SE Garfield L of the NW G, Section t Twp. 5 S_, Rng. 90_.-- W 6th P.M IN.SI IE.Wi (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gprii) 15 Average annual amount of ground water to be appropriated (acre-feet): 3,000 sq. Le. Number of acres to be irrigated'. Proposed total depth (feet): 200 Aquifer ground water is to be obtained from: Canyon Creek Alluvium Owner's well designation 01 as Well No. I GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no litigation (0) ( X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ) OTHER (9) DETAIL THE USE ON BACK IN (11) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN (4) DRILLER Name Colorado Licensed Driller Street City (State) (Zip) Telephone No. tic No Receipt No. L Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY (STATE ENGINEER) I.D. COUNTY Contract No. Map ID No. Date Activated. APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT Name Rosemarie Cl as, c/u Ca loia, Haupt & Leight, P.C. Address 1204 Grand Avenue, Glenwood Springs, CO 81601 Telephone Number 970J 045 - 6067 Authorized Agent or Representative Sherry A. Caloia, Esq. B. WATER RIGHT OWNED BY Name of Right ___ Type of Structure or Right Well. Location of Point of Diversion See Exhibit A -well. application description; and Exhibit 6 --property description Water Court Case No. Well Permit No. Application pending C. INTENDED USE OF LEASED WATER Location of Area of Use SE1/4 NW1/4, Section 24, Township 5 South, Range 90 West (Canyon Creek) -Exhibit 13 Description of Use Domestic, lawn and garden Number of Dwelling Units 1 Total Acreage 11..882 acres Proposed Potable Water System Well Proposed Waste -Water Treatment System Septic tank and leach1ieid Projected Monthly Volume of Leased Water Needed in Gallons: N/A Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual Total Gallons Acre Feet Maximum Instantaneous Demand gpm D. OTHER REMARKS Application pending with Garfield County for subdivision exemption for the property to he served by the well. and contract. 12/15/95 Date OP CI r S ignat4 TLL\96302\6arco P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 • • z\<\ Pana -2 Z4NCANELL4 AND 4SSOCf4 TES Et'1GEEfgNG CONSULr4NTS January 19, 1996 Mr. Eric McCafferty Garfield County Planning and Zoning Commission 109 Eighth Street Glenwood Springs, CO 81601 Re: Canyon Creek Well Dear Eric: (970) 945-5700 (970) 945-1253 Fax aggMl% JAN 2 3 1996 Caloia Houpt & Light, P.C. At the request of Sherry Caloia, Zancanella and Associates, Inc. has evaluated the ground water potential for the proposed Glas exemption located in the SE Yr of the NW % of Township 5 South Range 90 West in Canyon Creek as shown on the attached map. We have reviewed the State Engineers' data base to locate existing wells in the vicinity of the proposed subdivision exemption. The nearest representative well in the area are the Simmons Well and the Glas Well permit It 1 60679. The relative location of these wells and the proposed subdivision are shown in Figure 1. The proposed wells will be located approximately 1000 feet northwest of the Simmons Well and 600 feet to the west of the Glas Well. The Simmons Well was tested on January 1 6, 1996 by Samuelson Pump Company and was reported to yield 21 gpm. The static water level in the. Simmons Well on January 16, 1996 was 107.2 feet below the top of the well casing. The well was drilled to a total depth of 187 feet (cased to 1 23 feet) and was completed in the Canyon Creek Alluvial Formation. The static water level in the Simmons Well will provide approximately 15.8 feet of available drawdown. From the drilling log of the Simmons well the alluvial and glacial deposits in this area appear to be quite deep. The Glas Well was drilled on September 5, 1991 by Shelton Drilling Company and has a reported yield of 25 gpm. The static water level in the Glas Well after drilling was 130 feet below top of the well casing. The well was drilled to a total depth of 220 feet and was completed in the Leadville Limestone Formation. The static water level in the Glas Well will provide approximately 90 feet of available drawdown. From the drilling log of the Glas well the alluvium and glacial deposits in this area appear to he 120 feet thick. The proposed Glas exemption is located in between these two existing wells, and the proposed wells will be completed in the same geologic formations. We believe properly drilled and completed wells will be capable of adequately serving the subdivision. i • If you have any questions please call our office at (970) 945-5700. Very truly yours, Zancanella and Associates, Inc. Terri L. Lance Geologist cc: Sherry Caloia Rosemarie Glas TLL\96302\parco 0"' /1 it 0.1ti L A. •. - • , • 00,, ' • vE Alt MG,. ON co tn. BY ‘,\..2'o.' • j -Si ‘• •?,•••.•„‘.. --- • , ,,••••-r ;1) • CD 011.144 QV, 111. 004 QY, krro \-$ • Canyon, Creek Exemption ria, 4SS/kITj ;i-M.1,11V17V area-TANIS' 1 I,. I bilyE 1404 - 1005 .0414.1C Fia.1201: 0,m2 iallONAGO Luau. In .2 OW) tw•-.0.1 12-20-95 DEPARTMENT OF EMERGEIY SERVICES ; ii 1 `.EWLII • 2 E 1,995 � . -. l:ar�irEf=i LLD Mr. Mark Bean CARCO Planning Dept. 109 8th Street Glenwood Springs, CO.81601 Dear Mark, I have been requested to write this letter in reference to the Glas subdivision exemption by Samuel Light. The property in question is within the boundaries of the Glenwood Springs Rural Fire Protection District and fire and LMS response will continue as it now does. Because 1 have limited information on the proposal, it should be made known that if this area is developed, requirements of the Uniform Fire Code may apply. These requirements could include water supply and flows for fire protection, proper access roadways including surfaces, grades and widths, and wildland hire protection measures. At this time I have no objection to the exemption as long as the property owners are aware of the potential fire code requirements. If you have any questions, please give me a call. Sincerely, ack Jones Asst. Chief, (Bellwood Springs Dept. Of Emergency Services cc: Samuel Light File 806 Cooper Avenue Glenwood Springs, Colorado 81601 • (303) 945-2575 FAX (303) 945-2597 lob L • '11111.11.5 rn;rr•R It, • • ,tt4 United States Department of the Interior ';` R f-.0 97145'09') + ✓ (,i•. (.7.-880) BUREAU 01' LAND MANAGf:MI3N"1' Glenwood Springs Resource Area 50629 Highway 6 ruul 24 I'.O. Box 1009 Glenwood Springs, Colorado 81602 January 31, 1996 Mr. Eric McCafferty Garfield County Planning Uepartrnent 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. McCafferty: In response to your request for comments regarding the proposed Gies Subdivision Exemption located 2 miles north of 1-70 off County Road 137, I offer the following statements for your February 13, 7996 public meeting. The northern and eastern portions of the 683.88 acre tract are adjacent to public lands administered by this office. Current uses on the BLM include wildlife habitat, livestock grazing, and dispersed recreation such as hunting. 1. Ownership of land adjacent to BLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 2. Although the nearby public land has current permits for livestock grazing, the proposed 17..88 acre lot does not: lie adjacent to BLM. Under Colorado statutes, it is a landowner's responsibility to construct, and maintain in good condition, a lawful fence protecting their property in order to recover any damages from trespass livestock. If a livestock fence is not presently in place, a fence built along the private/I3l.,M boundary is recommended to resolve this use conflict. 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 the private/13LM boundary, the fence standards should allow for easy passage by big game. 'l'liis office can provide additional information regarding fence standards upon request. 3. Adjacent public lands are open to hunting and other dispersed recreation activities. The proponents should be aware that hunting and other recreation uses are allowed on RLM-administered land. 4. Any roads, trails, paths, or. utilities (water, electric, phone or otherwise) crossing BLM would require right-of-way (ROW) permits from this office. An environmental assessment report would be completed as a part of the ROW permitting process. 5. The proposed subdivision exemption lies within deer critical winter range. Encroachment of homesites and people on big game winter ranges can have e deleterious effect on game herd populations and health. Thank you for the opportunity to comment. if there are any questions, please contact Jim layers of this office at (970) 945-2341. Sincerely, Michael S. Mottice Area Manager