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. That a registered land surveyor provide documentation certifying that the
property in question has at least one (1) acre of contiguous land lg s thin 40%4,028.
s ope prior to the si nin of a plat.
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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
• •
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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
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Canyon, Creek
Exemption
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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
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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
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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