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HomeMy WebLinkAbout2.0 BOCC Staff Report 06.12.1995• • BOCC 6/12/95 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: Rue Balcomb Bruce Arbaney LOCATION: CATION: A tract of land located in Section 25, T5S, R90W of the 6th PM, located approximately 1/2 mile north of I-70, off of C.R. 137(Canyon Creek), west of the City of Glenwood Springs. SITE DATA: 40 acres WATER: Wells and domestic ditch water rights SEMLER: ISDS ACCESS: CR 137 EXISTING/ADJACENT ZONING: A/R/RD I_ RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located in District E - Rural Areas Severe -Moderate Environmental Constraints as designated on the Garfield County Comprehensive Plan Management Districts' Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is located west of Glenwood Springs, on the west side of County Road 137. The property includes sloping lands descending towards the Canyon Creek, with a significant drainage way that bisects the property. There is an existing house on the property, that the applicants live in at the present time. Vicinity map is shown on page' B. Project Description: The applicant is proposing to split the 40 acre parcel into four (4) tracts of approximately 3.0, 3.0, 4.0 and 30.0 acres in size. A sketch plan of the proposed exemption submitted with the application is shown on page . `• • • • I11. 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 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 ornatural 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; A deed recorded in the Clerk and Recorders Office describes the parent parcel in 1968, Book 397, Page 141-142. Therefore, up to four (4) parcels may be created through the exemption process. B. Zoning. All of the parcels exceed the two (2) acre minimum lot size consistent with the A/R/RD zone district. The Canyon Creek area includes densities generally consistent with the proposed exemption (see assessor's map on page ). C. Legal Access. The parent parcel is accessed directly from County Road 137. County Road 137 provides access to a number of residential uses . Staff would suggest that shared access be developed for the lots 1, 3 and 4, to minimize driveway cuts. Driveway permits will be required from Road and Bridge prior to the signing of a exemption plat. Additionally, it will be necessary to show an access easement for lot 1, through lot 3 or 4. D. Water and Sewer The applicants propose to use water out of the Virginia Ditch, transferred from the Williams Canal and approved by decree in Case No. 94CW163, to provide domestic water to lot 2. Lots 1 and 4 will have a well or wells providing domestic water, depending on whether or not the applicants can surrender an existing well permit for individual well permits for each lot or through the purchase of West Divide Water Conservency water in exchange for individual well permits. Lot3 will be served by an existing well. (See all water "l documentation on pgs.h# ). It is also, unclear as to the length of the year that the ditch water is available to the lot that it is proposed to serve. This issue needs to be clarified, prior to any final approval. Staff has referred the application to the State Engineer's Office. No response has been received to date. Staff would suggest that a favorable response from the State be a condition of approval. Once a determination is made as to how many wells will be developed, all of the wells should be drilled and a pump test that demonstrates at least a 5 gpm flow rate on a sustained basis. If a 5gpm flow is not possible, a storage tank with a minimum of 2450 gallons of storage for each dwelling unit. This is the equivalent of a seven (7) day supply of domestic water for a dwelling, based on 350 gpd/ dwelling unit. Sewer will be provided by ISDS. Soils on the sites proposed for homesites are predominantly Chilton channery loam, with slopes ranging from 6% to 25%. III • The SCS soils information indicates a moderate hazard due to slopes for the areas with slopes between 6% and 12%. The areas with slopes over 12%, have a severe rating due to steep slopes. E. State and Local Health Standards. No State or Local health standards are applicable to the application, with the exception of Colorado Department of Health ISDS setback standards, which should be verified by an engineer. F. Fire Protection. The Fire District has not responded to the application. Staff would suggest that a favorable response be received by the Fire District prior to approval of the final plat. Given the steepness of the slopes, the Colorado State Forest Service guidelines for construction in an area with the potential for wildfire should be required. G. School Impact Fees The applicant will be required to pay the $200.00 per lot impact fee prior to the approval of the final plat. H. Building Area. The lots appear to be in areas that may have slopes over 40% in grade. The SCS Soils Survey indicates that building sites with slopes over 12%, have severe limitations due to slope for dwellings with or without basements. The Zoning Resolution requires that each lot created have at least one contiguous acre of land with slopes less than 40%, in each lot. Prior to approval of an exemption plat, the applicant should have a surveyor certify on a map, a building area for lots 2,3 and 4. BLM Comments : The BLM has noted a number of issues related to the rights of private property owners having land adjacent to public land, wil�dl' e habitat and the potential for debris flow on the property. (See letter pgslip Staff would suggest that a plat note stating that the area is subject to debris flow and rolling rocks, particularly in near or below ravines. 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 or 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. ! • A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimensio and area of the proposed lots, a common access point and easement to lots 173MiktAI to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities and the following plat notes: 1. 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) 2. An ISD system built on a slope in e .ess of 12%, may have to be engineered 6.' due to soils cons rots. �� ,� ot,ofe.dabs ) �. ,PL br/s l.� /i a S a ‘ 6�7e w a--11-6t/Or a� lati- 3. That the applicant shallhave 120 days to pfesent a plat to the Commissioners 14, vret,//4 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. 5. A favorable response from the State Engineer's Office must be received prior to the signing of an exemption plat, that indicates that the proposed and existing wells and ditch can be used legally and will provide an adequate amount of water. Also, prior to signing a plat, any new wells approved shall be drilled and have a pump test done on the wells showing a 5 gpm flow rate for a 24 hr. period. If a 5 gpm flow rate cannot be achieved, a plat note will be required noting that a 2450 gallon storage tank will be required to be in place prior to any certificate of occupancy is issued for j a new residential structure. /� 6. A favorable response from the N Silt Fire Protection 1 i must r ceived prior to he si nin Qf an exen tion plat." a 7. Control of noxious weeds is the responsibility of the property owner. 8. Driveway permits from Road and Bridge must be received prior to sng of an exemption plat. Driveway access shall be shared between lots 1A3 ane . 9. That the applicant's surveyor certify that lots 1. 3 and 4 each have at least one (1) contiguous acre of land with slopes less than 40% /0. 74> 7-aL 7 /7-. w/tW Gl(�255 a-yu/�1 GC/ ' 2/ /v . v.)/ 0 4 Sod T-6 dAA-a/: 74,x,. i7/114- ,. r., ,,,er4r4i,„r- 1,,,,r,:„.,,,,,t #.. ir .. I / / / V 40. 61 OM • -4 rA _ .. (;...„ ../ t, _,----...--------- 1 - L- . : I !•, , -___ ) • ----> '=' ---- 5620 ___y,..-.1-.444, 3 . ...,,RC,-:•:, l'''..,.,. --- . ''' . • 1 • ''. ' - t -.Cr -:-",_.,,::"'.. .....-,.-- --;1-.'7'.7-:-..... i ' - ..... 7-7-6200 P 4 Prr,774r) "F 7}/P e *Y7, e Pf 44'; • fropss+o: • `1 1. o Ts ti:A.a-c t tovt n S _ ,4-4v41 t A_cli 1 „ M Jot 0 it 31.11 £N of I. l t 26 25 95 98 co N 0 O b 6 2123-351-00-062 • x123762 Oo-090 0 q U L.4 1. A SAVOY. 11 C 2125-951-00-081 M 10-1 ` Ha' 41V Bo74.'I2` 1747147 MAX INTERSTATE HIGHWAY I — 7 0 ,GRA 6746'T 2.696.1' WESTERN RAIL r►= )s.mpt • • WATER SUPPLY Lot 2: Water supply Lot 1 is currently provided by a domestic right from the Virginia Ditch 1/Williams Canal. The decree in Case No. 94CW163 is attached. Lot 3: Water supply is provided by Well Permit No. 183449, copy attached. Lot 1 and Lot 4: Water supply is provided by an existing well, the late registration for which is attached. The Applicants contemplate either a West Divide Water Conservancy District service contract on the surrender of well permit and late registration well in exchange for three in-house use permits only. EXHIBIT F i • e 0 DISTRICT COURT, WATER DIVISION 5, COLORADO Case No. 94CW163 AMENDED RULING OF REFEREE CONCERNING THE APPLICATION FOR WATER RIGHTS OF RUE BALCOMB AND BRUCE ARBANEY IN GARFIELD COUNTY Rue Balcomb and Bruce Arbaney filed the above -entitled Application on July 28, 1994. The Water Judge referred the Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee has made such investigations as are necessary to determine whether or not the statements in the Application are true, has become fully advised with respect to the subject matter of the Application, and has consulted with the Division Engineer for Water Division No. 5. The Referee hereby makes the following determinations and ruling as the Referee in this matter. FINDINGS 1. The statements in the application are true. 2. Rue Balcomb and Bruce Arbaney are the Applicants herein. 3. The Virginia Ditch as transferred to the Williams Canal is the subject water right of the Application herein. 4. The subject water right is not located within a designated ground water basin. 5. Williams Canal Company and Greg and Jill McKennis filed timely Statements of Opposition in this case. No other Statement of Opposition has been filed, and the time for filing Statements of Opposition has expired. 6. Claim For Change of Water Right. The Applicants claim to change 0.1 c.f.s. of the Virginia Ditch from its decreed use for irrigation to irrigation and domestic uses. The Virginia Ditch is described more particularly as follows: i • Case No. 94CN163 Balcomb/Arbaney Amended Ruling of Referee Page 2 From previous decree: A. Date Entered: 11/08/1909 Case No.: CA -1379 Court: District Court B. Decreed Point of Diversion: Westerly side of Canyon Creek at a point whence the Northwest Corner of Section 24, Township 5 S., R. 90 West of the 6th P.M. bears North 52°30' West 1635.5 feet. C. Source: Canyon Creek, tributary to Colorado River. D. Appropriation Date: 4/20/1909. E. Use: Irrigation. F. Proposed Change: The Applicants own 0.1 c.f.s of the Virginia Ditch. They request a change in water right for that 0.1 c.f.s. from the decreed irrigation use to irrigation and domestic purposes. As grounds therefor, the Applicants state that the 0.1 c.f.s. has historically been used for both domestic and irrigation purposes around one single-family rseidential structure since its appropriation. RULING The Referee has examined the information submitted by the Applicants and has become advised with respect to the subject matter of the Application. He rules: The Applicants have fulfilled all legal requirements necessary for the Court to grant the change of water right for 0.1 c.f.s. of the Virginia Ditch, as described in the Application and herein. The change of water rights herein approved shall not require the Williams Canal Company to extend the season of ditch operations beyond that historically operated. Moreover, the Canal Company shall be under no obligation to furnish water of a quality better than that historically furnished for agricultural irrigation. The change in use decreed herein will not increase the burden on the Williams Canal Company nor injure Opponents. Applicants divert their interest in the subject water right from • • ovit 0 Caae No. 94CN163 Balcomb/Arbaney Amended Ruling of Referee Page 3 the Williams Canal when available and the water is not available thereafter to Opponents. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to judicial review pursuant to Colo. Rev. Stat. § 37-92-304. It is furt.her ORDERED that a copy of the ruling shall be filed with the State Engineer and the Division Engineer for Water Division No. 5 Dated: 2� ( c ) Robert C. Cutter, Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court. Dated: 2.«.� Judge Thomas W.`Ossola • • UI I II.L Ur 11 IL ..) I r' L L_I JLlt1 vLL11 I WS -25 COLORADO DMSIC - ' OF WATER RESOURCES 818 Contannlal Bldg., 1313 Sharman St, D•rrv.r, Colorado 80203 (303) 866-3581 APPLICANT WELL PERMIT NUMBER ___411344.9____ - DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: SubdIv: RUE BALCOMB & BRUCE ARBANEY P 0 DRAWER 790 GLENWD SPRINGS CO 81602 ( 303)928-8166 REGISTRATION OF EXISTING WELL APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 25 Twp 5 S RANGE 90 W 6th P.M. DISTANCES FROM SECTION LINES 850 FL from South Section Line 750 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf11ONS OF APPROVAL 1) 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. The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) This well is recorded, and permit approved, in accordance with CRS 37-92-602(5) for historic use as indicated herein and described in CRS 37-92-602(1)(b), being a well producing 5 GPM and used for ordinary household purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than one (1) acre of home gardens and lawns. 4) The average annual amount of ground water to be appropriated shall not exceed 2 acre-feet. 1/-17-, y O\NNEB'S Cu APPROVED TT J D 2,�,Q U , State Engoneer Receipt No. 0376689 DATE ISSUED NOV 1 8 199.4 EXPIRATION DATE ORM NO. GWS -7 06/94 • • STATE OF COLORADO OFFICE OF THE STATE ENGINEER 821 Centennial Bldg., 1313 Shaman 31., Denver, Colorado 80203 (303) 866-3581 EXEMPT INFORMATION FOR WELL PERMITS APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND EXEMPT COMMERCIAL USES) PLEASE NOTE CAREFULLY THE CONDITIONS OF APPROVAL ON THE ATTACH -HED COPY OF YOUR PERMIT. THE CONDMONS MUST BE COMPUED WITH 1N ORDER FOR THE PERMIT TO BE VAUD. THE ISSUANCE OF THIS PERMIT DOES NOT CONFER A DECREED WATER RIGHT. A STATEMENT OF: At,. FOR l� 1t `. `� asY witt 04 US THE PERMIT EXPIRATION DATE IS TWO YEARS FROM THE DATE ISSUED. The well must be constructed and evidence of it's construction must be submitted to this office in the form of a Well Construction and Test Report from the well construction contractor confirming that well construction was completed prior to expiration of the well permit. The permit number is located in the upper right hand corner of the permit. The expiration date is located in the lower right hand corner. The expiration date may be extended at the discretion of the State Engineer for good cause shown. tt you desire an extension, you must file a written request with this office prior to the expiration date shown on the permit. The request must state why the well has not been constructed, must include an estimate of time required to complete the well, and must specify the length of extension you desire, not to exceed one (1) year. ADDITIONAL INFORMATION REGARDING W q'4`n .. At l ial 4OT REGULATIONS ARE FOUND ON THE REVERSE SIDE OF THIS SHEET. THE WELL MUST BE CONSTRUCTED AND THE PUMP INSTALLED BY CONTRACTORS WITH CURRENT LICENSE(S) ISSUED BY THE STATE OF COLORADO unless exempted as described on the reverse side. The well construction and pump installation reports must be submitted to the office of the State Engineer within sixty (60) days of completion of the work or within seven days after expiration of the permit, whichever is earlier. Your contractor must provide you with a copy of the work report(s) filed with the State Engineer. The Well Construction and Test Report, Form Number GWS -31 and the Pump Installation and Test Report, Form Number GWS -32 are available from the Division of Water Resources offices. At least two copies of the well permit have been provided. The owner's copy is for your records. The second copy is for the pump installation contractor. Make additional copies for the well construction contractor if you select one different from the one indicated in your application. tf you did not indicate a proposed driller on the application, four copies of the permit are enclosed. DO NOT GIVE YOUR "OWNER'S COPY' TO THE CONTRACTOR The original permit is on file in the Denver Office Records Section. Additional copies may be obtained for a fee of 50 cents per page. Any change of mailing address or ownership should be reported to the State Engineer by the new owner on a "Change in Ownership/Address", form number GWS -11. If you have questions, contact the Denver Office, or the Division Office where your well is located. DIVISION 1 800 8th Ave Am 821 Greeley CO 80631 (303) 352-8712 DMSION 5 Bac 396 50633 US I-twy 6 & 24 Glnwd Spgs CO 81601 (303) 945-5665 MOON 2 Box 5728 21911/ 5th Am 223 Pueblo CO81003 (719) 542-3368 DMSION 6 Box 773450 625 So. Lincoln Ave Stmbt Spgs CO 80477 (303) 879-0272 13 DMVMSION 3 Box 269 422 4th St Alamosa GO 81101 (719) 589-6683 DMSION 7 Box 1880 1474 Main St Durango CO 81302 (303) 247-1845 4 Box 456 E Niagara Morltroso CO 81402 (303) 249-6622 DENVER OFFICE Rm 821 1313 Sherman St Denver CO 80203 (303) 866-3581 Dal/ /9 0 r)�E OF 7HE STATE r '-);NEER 1111 C.ntsn nal 61a9 , 1313 tna..na. tit. Colaa6o 00203 (50.3) $66-33a1 FOR INSTRUCTIONS SEE REVERSE BIDE REGISTRATION OF EXISTING WELL WELL OWNE9 NAME(S) Rue Balcomb and Bruce Arbaney Mailing Address P.O. Drawer 790 City, St. Zip Glenwood Springs, CO 81602 Phone ( 303) 928-8166 WELL LOCATION', COUNTY Garfield ),'n' NUMBER Raoaipl No. OWNER'S WELL DESIGNATION Rue's We'll Nddraaa) (CSM (State) (Lcl SW 1/4 ar M.. SW 1/4, Sec. 2 5 Twp. 5 ❑ N. 0, D S., Range 9 0 n E. o, n W, 6th P.M pint nce$ fror►l $ectbn Uneti 850 Ft. from 0 N. o. n S. Una, 750 Ft. from n E. Of l" 1 W. Line. The well has historically been used for the following purpose(s): Domestic use; 1 single family dwelling, irrigation of 1 acre of lawns, orchard, garden Water from the well was first used beneficially by the original owner for the above described purpose(s) on June 1 19 51 The tole, depth of this well is 68 feet. The pumping rate is 5 gallons per minute. The average annual amount of water diverted is 2 acre feet. The land area of home lawn and garden irrigated from this well is: 1 EX_. Acre or n Square feet, described as: See attached legal description; tributary of Colorado River o: as Its 56.64.vt)«y Subdivision Lot(s) Block Filing/Unit I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our)~ knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a Class 1 misdem:t:no Namefirtle (r'taa,a ,ypo o, pri„ Q ignature Rue Balcomb Bruce Arbaney FOR OFFICE USE ONLY State Enpinaar Court Case No. Div. SY Co. Basin n.1. MD Use United States Department of the Inte ` Or jtiN 199S 4�ta f1 `" BUREAU OF LAND MANAGEMENT , fY• Glenwood Springs Resource Area 50629 Highway 6 and 24 w Ria•rvi I ER1o: 178 5g P.O. liox 1009 ° (7-880) Glenwood Springs, Colorado HI602 June 5, 1995 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Bean: In response to your request for comments regarding the proposed Balcomb/Arbaney Subdivision Exemption along the west side of County Road 137 (Canyon Creek Road), I offer the following statements for your scheduled June 12, 1995,.public meeting. The entire western edge of the 40 acre tract is adjacent to public lands administered by this office. Current uses on the BLM include wildlife habitat, 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. The adjacent public land is not currently permitted for livestock grazing. 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/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. Adjacent public land is open to hunting and other dispersed recreation activities. The proponents should be aware that hunting and other recreation uses are allowed on BLM-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 lies within deer critical winter range. Encroachment of homesites and people on big game winter ranges can have a deleterious effect on game herd populations and health. Animals currently wintering on the private lands will be displaced to adjoining public and private lands. Habitat conditions on much of the big game winter range in this area is considered unsatisfactory. • • Garfield County - Page 2 6. The area proposed for subdivision is susceptible to debris flows from public land. The proponent should be warned of the high debris flow potential and the hazards that rolling rocks pose to homes. These hazards are greatest near or below ravines. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at 945-2341. Sincerely, Michael S. Mottice Area Manager /4, • • CERTIFICATE OF MAILING I hereby certify that on this date I mailed the attached Public Notice to the following persons who comprise the property owners adjacent to or within 200 feet of the property described in the Public Notice and owners of mineral rights and lessees of mineral owners of record of the land proposed for exemption: David O. & Jo Ann Temple 0269 County Road 137 Glenwood Springs, CO 81601 Finley Homes Incorporated 980 N. Michigan Ave., Ste. 1400 Chicago, IL 60611 David J. Turtle 0726 County Road 137 Glenwood Springs, CO 81601 Joyce E. King 0570 County Road 137 Glenwood Springs, CO 81601 John E. & Mila Rae Jensen 0568 County Road 137 Glenwood Springs, CO 81601 Roaring Fork School District RE -1 P.O. Box 820 Glenwood Springs, CO 81602 Dated this 15th day of May, 1995. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD Wildflower Trust Constance M. Bowers, Trustee 1114 Canyon Creek Road (137 Rd.) Glenwood Springs, CO 81601 Richard C. Haag Priscella C. Ketz P.O. Box 807 Glenwood Springs, CO 81602-0807 Jack R. & Patricia A. Fletcher P.O. Box 317 Gideon, MO 63848-0317 Douglas and Cynthia Dobbins P.O. Box 2452 Glenwood Springs, CO 81602 Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602 JUDY SbjNHOLTZER The above and foregoing instrument was acknowledged before me this 15th day of May, 1995, by Judy Shanhohzer. Witness my hand and seal. Address: My commission expires: Not Public 818 Colorado Avenue Glenwood Springs, CO 81601 My commission expires May 1, 1997 • • CERTIFICATE OF POSTING I hereby certify that on May 13, 1995 I posted the Notice poster provided by the Garfield County Building and Planning Department concerning a public meeting to be held on June 12, 1995 at 11:00 A.M. on the application of Rue Balcomb and Bruce Arbaney for a subdivision exemption in connection with property situate in the County of Garfield and State of Colorado, which property is more particularly described in Exhibit A attached hereto. Said Notice poster was posted on the exemption site and is visible from a County road. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. RUE ALCOMB The above and foregoing instrument was acknowledged before me this ,off ' day of May, 1995, by Rue Balcomb. Witness my hand and seal. Address: My commission expires: ��. C)aA Notary Public 818 Colorado Avenue Glenwood Springs, CO 81601 My Commission expires May n, 1998 • . 4 July 24, 1995 Andy Bowers 1114 Canyon Cr. Rd. Glenwood Springs CO 81601 Garfield County Department of Development Planning Division 109 Eighth Street Glenwood Springs, CO 81601 To Whom it may concern: REGARDING ARBANEY/BALCOMB CANYON CREEK SUBDIVISION; As a land owner and resident in Canyon Creek I have the following concerns regarding future development in Canyon Creek Canyon Area; Development will increase traffic on Canyon Creek Road, decrease wildlife habitat, restrict wildlife migratory patterns and may decrease real estate values. I am not against all development, in fact I have recently petitioned for an exemption to the sub division regulations such that I may be allowed to split off a 4 acre residential lot from my 50 acre parcel. 1 may choose to develop this lot in the future. If I ever sold the 4 acre parcel I would deed restrict it for the protection of the Canyon Creek environment (ie; open space designations, fence limitations, no dog restrictions, etc.). I feel, it is paramount that the future of the entire Canyon Creek eco system be considered before any subdivision is considered. There are many large land owners in the Canyon Creek area who have resisted the lure of quick sub division profits and kept their large parcels in tact, there by keeping Canyon Creek relatively pristine. These large land owners have paid a price (in the form of lost opportunity) to keep Canyon Creek the way it is. Now that the first steps have been taken to profit from the development of Canyon Creek it is certain that most of the large land owners are weighing the decision of profits through development. I do not believe it is right to reward someone because he was the first to submit a sub division application. I do not believe it is right to penalize someone because they held onto their land in hopes of protecting the open space. If small developments are considered one at a time, surely the time shall come when it is decided that Canyon Creek has reached it's limit. Let us have the foresight to anticipate that time now. If the plan of this subdivision is approved will I receive approval for the 6 - 10 developable sites on my 46 acres? Will Bear Wallow, Rock -n -Pines or Okanela receive approval for the hundreds of developable sites on those beautiful ranches? If Garfield County is going to consider a sub division in one portion of the Canyon Creek eco system it must consider how much development should be allowed in the entire Canyon Creek eco system. Once a few developments start changing the environment the large land owners will be motivated to give up the effort to preserve Canyon Creek and cash in through sub division. The question of how much Canyon Creek development is enough must be considered now. Sincerely, Andy Bowers Board of County Commiio ers Garfield County Courthou-e Suite 301 109 8th Street Glenwood Springs, Colorado Dear Sirs: 81601 • June 2, 1995 JUN 0 3 1995 tAma Erosion: We are concerned about any building on this parcel of ground, because of the danger of erosion. Several years ago, the lower irrigation ditch broke. This ditch runs parallel to the west side of road 137, just above our home which is located 1/2 mile further north up the canyon from the Rue Balcomb and Bruce Arbaney property. A deluge of water ran down the slope onto county road 137, across it and on to our home. This did extreme damage to our home, costing several thousands in damage. We pumped 900 gallons of mud and silt out of the house, not including what ran out of the house of it's own accord when we opened the door. If these lots are sold, the trees and brush would have to be cleared to make room for building sites. This and the excavation done by earth moving machines concerns us. We are afraid our neighbors east of this property might experience the same kind of damage we did in case of large rains or flash flooding. Also, we must remember what happened on Storm King when the fire destroyed the vegetation. The possibility of more mud slides is a very real concern. The danger will be the same to County Road 137. Also, the danger to the present irrigation system along Road 137 would be sure. In consideration of the erosion factor, when all of these trees, brush and roots are removed, be assured the ground will wash away, the irrigation ditch will be constantly filling and flooding, and County Road 137 will have mud and silt (a cost to the county to keep it clear), the wildlife will be diminished - the tranquillity this valley has offered over the years will be gone. With constant and permanent damage, property values will go down. If you grant this exception, where are you going to stop? We feel sure the owners of the property located north of this property, on the same side of road 137 (west), will have grounds to ask for and exception for his property if you grant this exception. You may have difficulty not granting this second request. The mountain is steeper, I believe, but the same thing could happen to us because this property is immediately west of us. The owner has already expressed a desire to do exactly this to us some months ago. Without the trees, grass, and brush roots to hold the soil, we could have a disastrous erosion and flooding problem, just as we did several years ago when the irrigation ditch broke. • • County road 137 is presently too narrow and crooked to support any more traffic. Traffic up and down this road has increased greatly in the last 2 or 3 years because of already increased building done further up the canyon. There are several blind driveways. All of this together, could create a traffic hazard.(or danger) We are concerned because the petitions indicate they are going to divide 40 acres into 4 tracks of 3,3,4, and 30 acres each. How long will it be before they will want to divide the 30 acres into smaller tracts, or even the 3 and 4 acre tracts into smaller tracts? If this happens, there will be too many houses on that mountain. Environment: We have owned our property for 20+ years. We have already seen a diminishing of wildlife. For several years, up until 2 years ago, we saw a family of Golden eagles over our house and elsewhere in the canyon many times. A bald eagle has or had a nest on the east of the canyon in the rock formation east of Mr. Haas or Mr. Jensen. I believe consideration should be taken as to the effect this subdivision would have on the wildlife. As stated, we purchased our home 20+ years ago. We enjoy the peace and quiet and the lifestyle this beautiful place provides. We are planning on using this home in our retirement years. There has already been construction in and near the canyon that has changed the peaceful atmosphere to some degree. The quality of life we provided for ourselves several years ago has been and is being threatened. It is not our fault all these people are moving in, but we are suffering because of it. Our taxes are going up, even though there is no change in our property. Now that we are 67 and 65, reaching that retirement age, our quality of life and earned plans are being taken from us. There doesn't seem to be anything we can do about this and it isn't fair. They are infringing on our rights and the way of life we secured many years ago. We are expected to sit back and take this or just let it happen. I wonder how they would feel if they were in our place, and had owned the property all this time. Please help us to keep this little spot in our world free from the "big city's" destructive ideas. The real bottom line to all of this is MONEY. The exploitation of Canyon Creek is of great concern to us. A few (as usual) will profit by means of destruction. Sincerely, Jack and Patricia Fletcher • • GARFIELD COUNTY Building and Planning November 7, 1995 Jack and Patricia Fletcher P.O.Box 317 Gideon, MO 63848 RE: Balcomb/Arbaney Exemption Dear Mr. & Mrs. Fletcher: At the request of the Board of County Commissioners, I am responding to your request for information regarding the above noted exemption request. Please understand that the County does not have the staff to respond to all letters sent regarding the various developments occurring in the County. Given your interest and the fact that you live out of state, I will try to summarize the actions taken by the Board regarding the Balcomb/Arbaney exemption. At the meeting in June the Board did approve the requested exemption for the splits, subject to a number of conditions noted in the letter sent to the applicant's father and enclosed for your review. As a note to your concern regarding the further subdivision of the property, the answer is that it is possible to subdivide further, but the process will be much more lengthy and the information required is more extensive. Your other neighbor may have already applied and been rejected, since he does not qualify for an exemption under the criteria established by the County. Also, the Board and Planning Commission are working on revisions to the Subdivision Regulations that would eliminate the exemption process as it exists and replace it with a process that will be more consistent with the County's needs to evaluate the proposed subdivision. It will not eliminate the ability of a land owner to request the subdivision of land in the County, since the minimum lot size is two (2) acres for your area. If someone makes an application that meets the standards for a subdivision and complies with the zoning resolution, the Commissioners will have a difficult time being able to deny an application. 109 8th Street, Suite 303 945-8212/625-5571/285-7972 Glenwood Springs, Colorado 81601 Hopefully, this letter answered some of your questions. I realize, the answers were not the ones you wanted to hear, but the people involved did meet the criteria required and if they can meet the conditions imposed, will receive final approval of the application. At this time there is no real appeal of the decision, unless the applicant's fail to meet the conditions of approval and have to go back through the process. If you have any other questions, I will try to answer them as expediently as possible. Sincerely, Mark L. Bean, Director Building & Planning Department enclosure • • October 30, 1995 Board of County Commissioners Garfield County Courthouse Suite 301 109 8th Street Glenwood Springs, Colorado 81601 Dear Sirs: Several months ago, we wrote to you concerning a proposed subdivision exemption for the following described property situated in the county of Garfield, state of Colorado: That portion of the W1/2SW1/4 of Section 25, Township 5 South, Range 90 West of the 6th P.M. lying and being West of the County Road ori Canon Creek together with, but without warranty, the water well located on the North 1/2 of the property described above and 0.1 cfs in the Virginia Ditch, Priority No. 177. We have heard nothing from you since sending the above mentioned correspondence. Please advise us of the situation, as it stands now. We appreciate your cooperation in this matter. Sincerely, ,I)ack and Patricia Fletcher P.O. Box 317 Gideon, MO 63848 • 411 P United States Department of the Intek for J 0 ? 199 5 t" p .4 BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 June 5, 1995 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 rY IN REPLY REFER TO: 1785g (7-880) Dear Mr. Bean: In response to your request for comments regarding the proposed Balcomb/Arbaney Subdivision Exemption along the west side of County Road 137 (Canyon Creek Road), I offer the following statements for your scheduled June 12, 1995, public meeting. The entire western edge of the 40 acre tract is adjacent to public lands administered by this office. Current uses on the BLM include wildlife habitat, 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. The adjacent public land is not currently permitted for livestock grazing. 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/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. Adjacent public land is open to hunting and other dispersed recreation activities. The proponents should be aware that hunting and other recreation uses are allowed on BLM-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 lies within deer critical winter range. Encroachment of homesites and people on big game winter ranges can have a deleterious effect on game herd populations and health. Animals currently wintering on the private lands will be displaced to adjoining public and private lands. Habitat conditions on much of the big game winter range in this area is considered unsatisfactory. • • Garfield County - Page 2 6. The area proposed for subdivision is susceptible to debris flows from public land. The proponent should be warned of the high debris flow potential and the hazards that rolling rocks pose to homes. These hazards are greatest near or below ravines. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at 945-2341. Sincerely, Michael S. Mottice Area Manager 104 • • TABLE 7.--UUILDING SITE DEVELOPMENT --Continued SOIL SURVEY Soil name and Shallow map symbol 1 excavations Dwellings without basements Dwellings with basements Small commercial buildings Local roads and streets 12*: : Inchau ;Severe: :Severe: ;Severe: ;Severe: :Severe: I slope. I slope. I slope. I slope. I slope. , 1 ; t 13 :Slight ;Slight ;Slight ;Moderate: ;Slight. Chilton i 1 slope. 1 ; 1 1 14 :Moderate: :Moderate: Moderate: {Severe: ;Moderate: Chilton ; slope. I slope. ; slope. ; slope. ; slope. 15 ;Severe: :Severe: :Severe: ;Severe: ;Severe: Chilton I slope. I slope. I slope. 1 slope. ; slope. 1 1 16 ;Moderate: ;Severe: ;Severe: ;Severe: ;Severe: Cimarron I too clayey. I shrink -swell, ; shrink -swell, I shrink -swell, ; shrink -swell, II low strength. : low strength. ; low strength. I low strength. 1 1 ; 17 :Severe: ;Severe: :Severe: ;Severe: (Severe: Cochetopa ; slope. I shrink -swell, ; shrink -swell, ; shrink -swell, 1 shrink -swell, 1 slope, ; slope, I slope, ; slope, ; I low strength. ; low strength. I low strength. ; low strength. '; I 18*, 19*: 1 I I ; ; Cochetopa ;Severe: :Severe: ;Severe: :Severe: :Severe: ; slope. I shrink -swell, ; shrink -swell, I shrink -swell, : shrink -swell, : slope, ; slope, ' ; slope, ; slope, I low strength. ; low strength. I low strength. 1 low strength. 1 Jerry ;Severe: ;Severe: :Severe: :Severe: ;Severe: I slope. ; slope, ; slope, ; slope, ; slope, 1 1 shrink -swell, ; shrink -swell, I shrink -swell, 1 shrink -swell, 1 ; low strength. ; low strength. : low strength. ; low strength. , 20*. ; Cryaquolls ; 1 • t ' ' 21': I ' ' 1 Cushman ;Severe: :Severe: :Severe:;Severe: :Severe: : slope, ; slope. ; slope. : slope. slope. cutbanks cave. 1 1 . ' ; ; Lazear ;Severe: ;Severe: ;Severe: :Severe: ;Severe: I depth to rock, I slope, i depth to rock, ; slope, ; depth to rock, I slope. ; depth to rock. ; slope. ; depth to rock. 1 slope. 1 1 22 :Severe: ;Severe: ;Severe: ;Severe: :Severe: 1 dr pl,h to rook. ; ; nrn) , Ln rook. ; a lope. slow,. Dateman ' slope, I slope, 23•� ; Severe: ;:;over(•: {Severe: ;Severe: ;Severe: Detra ; slope. ; slope. ; slope. ; slope. ; slope. 1 t ' 24*: ; ; ; Dollard :Severe: :Severe: :Severe: :Severe: ;Severe: I slope. ; slope, I slope, I slope, I slope, 1 I shrink -swell, 1 shrink -swell, ; shrink -swell, I shrink -swell, ' I low strength. 1 depth to rock. ; low strength. ; low strength. ' r 1 1 ' 1 t , ' Rock outcrop. : '1 ' I 25 :Severe: :Severe: :Severe: ;Severe: ;Severe: ; slope, I large stones. I large stones. 1 large stones. I large stones. ; large stones. Etoe I slope, I slope, I slope, I slope, 1 ; 1 r 26*: ; ' Farlow ;Severe: ;Severe: ;Severe: :Severe: ;Severe: I slope. ; slope. ; slope. ! slope. 1 1 I slope. I I ' See footnote at end of table. 1IFLE AREA, COLORADO TABLE 8. --SANITARY FACILITIES --Continued 109 I Area Daily cover Soil name and i Septic tank ; Sewage lagoon I Trench ; map symbol I absorption areas I sanitary i sanitary I for landfill Fields ; � landfill I landfill ; '1 ; 12*: ' IPoor: Inchau ;Severe: :Severe: ;Severe: ;Severe: I slo e I slope, ; slope, I slope, ; slope. I P , , thin layer, depth to rock. ; depth to rock. depth to rock. 1 area reclaim. I ,ePoor: 13 ;Slight ;Severe: ;Severe: SseerI small stones. Chilton ; I seepage. I seepage. page. ' I ' , I , I 14 ;Moderate: ;Severe: ;Severe: ;Severe: I : small stones. Chilton ; slope. ; seepage, ; seepage. ; seepage. Poor ; ; I slope. , Poor: 15 ;Severe: ;Severe: ;Severe: Sever: I small stones, Chilton ; slope• ; seepage, I seepage.slope, ; I seepage. ; slope. I slope. 16 ;Severe: ;Severe: ;Severe: ;Slight Poor: Cimarron ; percs slowly. I slope. ; too clayey. I i too clayey. e ; ; ; 17 ;Severe: ;Severe: ;Severe: ;Severe: IPoor:e Cochetopa I percs slowly, I slope. ; too clayey, I slope. I slope, slope. ; I too clayey. slope. ' 1 18*: Cochetopa ;Severe: ;Severe: ;Severe: ;Severe: Poorslope, I peres slowly, , slope. too clayey. I slope. too clayey. slope. ; � 1 ; I ' , Poor: Jerry ;Severe: ;Severe: ;Severe: ;Severe: slope, I slope, I slope. ; too clayey. I slope. P , I too clayey. ; percs slowly. ; ' � ' 19*: ; Severe: ;Poor: Cochetopa ;Severe: ;Severe: ;Sever:clayey,; slope. ; slope, percs slowly, ; slope. slope. ; I too clayey. ; slope. I ; ; ; Jerry ;Severe: ;Severe: ;Severe: ;Severe. pe IPoor: s I P slope. slope, too clayey. I percs slowly. ; I too clayey. P 1 I ' I ' I I 20. . , ' ;1 Cryayuolls ; ; ; ' ; 21*: ' ' Cushman ;Severe: ;Severe: Severe: ;Severe: ;Poor: depth to rock, I depth to rock, , depth to rock, I slope.slope, thin layer. I slope. , slope. I slope. ; Lazear ;Severe: ;Severe: ;Severe: ;Severe: IPslo�e I depth to rock, I depth to rock, I depth to rock, I slope. 1 thin layer, slope. ; slope. slope. '1 area reclaim. . 11 1 I 'Severe: ;Severe: ;Poor: 22 ;Severe: ;Severe: I slope, Dateman ; slope, ; slope, slope, I slope. ; P , ' depth to rock. I depth to rock. 1 depth to rock. ; ; small stones, I 1 ; I area reclaim. , 1 '' 1 ' �3 Severe: ;Severe: ;Severe: ;Severe: ;Poor: Detra slope. I slope. I depth to rock. I slope. i slope. ' , 1 24*: I I Dollard ;Severe: ;Severe: ;Severe: ;Severe: {Poore ' I slope, I depth to rock, ; slope, I slope. ; slope, I percs slowly, I slope. I too clayey, 1 I too clayey, depth to rock. ; 1 depth to rock. ; ; thin layer. 1I ; 1 . 1 See footnote at end of table. RIFLE AREA, COLORADO 1 to 6 percent. The Morval soils are in higher lying areas and have slopes of 3 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated hay and pasture. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forks and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing gracing maintains and improves lunge condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, squirrel, and wild turkey find habitat on this soil. Community development is limited by the large stones. This soil is in capability subclass IVe, nonirrigated. 14—Chilton channery loam, 6 to 12 percent slopes. This deep, well drained, rolling soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is reddish brown channery loam about 13 inches thick. The substratum is reddish brown, light brown, and pink very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Begay and Morval soils. The Begay soils have slopes of 6 to 12 percent. The Morval soils are in higher lying areas and have slopes of 3 to 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for 15 seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, squirrel, and wild turkey find habitat on this soil. Community development is limited by slope and large stones. This soil is in capability subclass Vle, nonirrigated. 15—Chilton channery loam, 12 to 25 percent slopes. This deep, well drained, moderately steep to hilly soil is on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. This soil formed in alluvium derived from red -bed shale and sandstone. The average annual precipitation is about 14 inches, the avoraclo annual air tomporaturo is about 46 degrees F, and Ihu avorago frost -Iron period is about 120 days. Typically, the surface layer is reddish brown channery loam about 13 inches thick. The substratum is reddish brown, light brown, and pink very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Begay and Morval soils that have slopes of less than 12 percent. These areas make up 10 to 15 percent of the map unit. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is severe. This soil is used mainly for wildlife habitat and grazing. The native vegetation on this soil is mainly wheat - grass, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Reducing brush improves the range. Seeding im- proves range in poor condition in the less sloping areas. Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Mule deer, cottontail rabbit, squirrel, and wild turkey find habitat on this soil. Community development is limited by steep slopes and large stones. Cut slopes should be revegetated im- mediately to reduce erosion and prevent gullying. This soil is in capability subclass Vle, nonirrigated. 16—Cimarron loam, 2 to 12 percent slopes. This deep, well drained, nearly level to undulating soil is in narrow mountain valleys and drainageways. Elevation ranges from 7,500 to 9,000 feet. This soil formed in alluvium derived from basalt. The average annual precipi- tation is about 18 inches, the average annual air tem- perature is 39 degrees F, and the frost -free period is less than 75 days. Typically, the surface layer is dark grayish brown loam about 4 inches thick. The subsoil is grayish brown silty 10 /HORSE 3942UNTAIN