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Home My WebLink About2.0 BOCC Staff Report 04.04.1994REQUEST: APPLICANT: LOCATION: 1 PROJECT INFORMATION & STAFF COMMENTS 'E,°A A 3 StPf"f ?. �f L BOCC 4-4-94 Exemption from the Definition of Subdivision Carl Midland Located at the southeast corner of SH 82 and CR 113 (Cattle Creek) SITE DATA: 74.305 acres WATER: Variety of water rights SEWER: Individual Sewage Disposal System (ISDS) ACCESS: County Road 113 (Cattle Creek Road) ZONING: A/R/RD and C/L ADJACENT ZONING: North - C/L South - A/R/RD, O/S East - A/R/RD West - A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The tract of land is located in District C, Rural Areas, Minor Environmental Constraints and District F, Severe Environmental Constraints. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject parcel consists of creek bottom lands and steep hillsides. Cattle Creek traverses the property in an east to west direction, with a significant portion of thiloottom land being within the 100 year flood lain (see vicinity map on page_ / • , and floodplain profile on page' 0• ). The floodplain potentially contains federally protected wetlands. County Road 113 runs along the northern boundary of the property. The property is currently undeveloped, with the exception of an existing house associated with the original ranch. To the east of the property is an auto salvage yard, north of and across Cattle Creek is an area of Commercial zoning (C/L) that includes both residential and Commercial uses. /s'f. • • B. Background: Approximately 44 acres of the 70 acre parcel was rezoned to Commercial/General (C/L) by Resolution 92-047. Since that time, Mitch Heuer was granted a floodplain SUP for a go-cart tract on the 11.056 acre tract (Parcel A of the exemption proposal). To date, no building permit has issued for the go- cart facility, pending compliance with conditions of approval associated with the original SUP approval. C. Project Description: The applicant is proposing to split the 74.305 acre parcel in to three (3) parcels of approximately 11.06, 28.06, and 35.098 acres in size. The proposed go-cart track will be located on the 11.06 acre parcel. A sketch plan of the proposed exemption is shown on page ' Z / • . III. MAJOR ISSUES AND CONCERNS 1. Subdivision- Section 8:10 (Applicability -Exemptions) states that the Board has discretionary authority to except a division of land from the definition of subdivision. Following a review of the facts of each application, the Board may approve conditionally or deny an exemption request. The board may not grant an exemption unless the applicant can demonstrate compliance with zoning, legal access, adequate water and sewer, state environmental health standards, necessary road and drainage improvements, fire protection, adequate easements and school impact fees. In addition, Section 8.52 (A) states that 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 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, at the discretion of the Board, not be considered to have been created by exemption in regards to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. Records in the Clerk and Recorders Office indicate that the parcel has been its existing configuration since February of 1970 (Book 384 Page 358). Therefore up to four parcels can be created through to exemption process. 2. Zoning: All lots far exceed the minimum lot size requirements of 7,500 for the Commercial/General (C/G) zone district. The existing structures appear to be consistent with respect to setbacks for the C/G zone district. 3. Legal Access: Access for the Lot A would be directly from CR 113. Lots B and C both appear to take access from a road recently improved from the frontage road of State Highway 82 (SH 82). The proposed access easement from the frontage road is shown on the plat as 30' access and drainage easement. 4. Water: The applicant retained Wright Water Engineers WE) to undertake a water rights analysis of the property (see pages Z1 4). The applicant intends on serving parcel C with an exempt well permit. Parcels A and B would be served by taps from the Cattle Creek Sprits and Pipeline system, which traverses the property (see letter on page a ). • 1 WWE concluded that adequate water rights do exist to support the proposed commercial uses on the property, although augmentation and additional agreements with the Cattle Creek Springs and Pipeline system will be necessary. Conversations with the applicant indicated that no well permits have been applied for. Staff suggests that the resolution of these issues be a condition of approval. The State Engineer's Office has not responded to the referral. 5. Sewage: Sewage is proposed to be handled by ISDS. Staff reviewed the County's Lincoln-Devore Hazards Maps, and these indicate that the site is located in an area of "High Groundwater and Septic Limitation", as well as an area ofevaporite. The relationship between the project and the hazards mapping is shown on pages 0 . Staff suggests that the following plat note be a condition of approval: "All lots may be subject to the requirement of engineered wastewater systems. At the time of building Permit Application for future structures, proof will be required bya licensed Colorado Engineer regarding specific wastewater system needs on each lot." 6. Natural Hazards: A review of soil and slope hazard maps (Lincoln-Devore Testing Laboratories) indicate that the site includes significant portiong of soil, slope and septic constraints. Hazard profiles are shown on pages 30 7. Fire Protection. Ron Leach has reviewed the project, and recommended that a dry hydrant by installed, and all storage of fuel be stored consistent with NFPA standards (see letter on page' 3 1 - ). 8. BLM: The BLM has reviewed the project, and indicated that adjacent lands are subject to public recreation (see letter on page3 2. - ). IV. SUGGESTED FINDINGS 1. The proposal is in general compliance with the Garfield County Comprehensive Plan and the Garfield County Zoning Regulations. 2. The proposed land use would be consistent and compatible with the existing surrounding land uses. 3. The proposal is in best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION 1. All representations of the applicant shall be considered conditions of approval unless otherwise stated by the applicant. 2. The applicant shall have 120 days to complete the required conditions of approval. Extensions of 120 days may be granted by the Board for a period of up to one (1) year. 3. A Final Exemption Plat will be submitted, indicating the legal description of the property, dimension and area of all proposed lots or separate interests to be • • created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 4. The applicant shall submit$2Q.00/in School Impact Fees prior to the signing of an exemption plat. Proof of adequate water supply, either in the form of well permits/augmentation plan (if necessary), and/or agreements with the Cattle Creek Water Company must be submitted prior to approval of a Final Exemption Plat. 6. The following plat notes shall appear on the final plat: 1. All the lots may be subject to the requirement of engineered wastewater systems. At the time of building permit application for future structures, proof will be required by a licensed Colorado Engineer regarding specific wastewater system needs on each lot. 2. Lots A, and B include regulated floodplain and may include federally regulated wetlands. All development within the regulated floodplain requires a Special Use Permit from Garfield County. Any development in the wetlands may require approval from the U.S. Army Corps of 1/44Engineers. \ Engineers. Engineered foundations may be required for all structures. Engineered stamped plans will be required prior to the issuance of a building permit. Prior to the signing of an exemption plat,, the applicant shall install a dry hydrant, consistent with NFPA Standard 1231 (Water Supply for Fire Fighting) for fire protection purposes. The installation of the dry hydrant shall be approved by the Chief of the Carbondale & Rural Fire Protection District, prior to t. ' SSvP,-:., ..7I - p NKr, co 8. Weed control is the responsibilty of the property owner. .- Cam -N Ci L"'‘2 )`"5 `"5 TN6 P.Or.,L c"' Pclot t ten pr <�_. r�.cf t';y lb rf�i f"P�4P rc-TT 1c� �t.�sS !4 / To 1= azure. x,;145., ►,ApTio�(b %/i�'1'S ,s 11k7N rp L. k%t)vfrk.', 5u3Dt Vt.1o.1 o �. Tt� i'Ub T:''tc;. �� C� , lr�"�t= �""u! 1 . 17 • ' 4 n4. • ECTION AN It/ cb 0 1.; were, ril • • BM „6025 -......e... — 4 ..' . ''. 0 a) —0 77 200 )14 11, jAt F oq v AN- FLoA) TA.pm, MPI_a4-11) 5 B-3! Ftoc>p PL/N Mon 4` DebO.r 4•1...T •" 4 re GA.RFIEL.D COUNTY, STA? CO /V X14 •► ►4/r 4)04D 7333,, C(NIIRIM Ot WAICRIINC - IASL II(NI t ),rarer, 11.056 Ac, -5 11011' rib• 00. /J ►4''Sr rr M1L 4. 403.1„. •►. ► r 4y. ) \_ MPI. STARS INC m CAS UNC PROW U3 ‘s.‘ U1 IRRIGATION ANO ACCESS IASIMtNI -NMed?' „lY 1 MVIO'�—S.K�4 ` fit. 44 N 301413. srf a \v�) St,,e,r 1 70,1'p• e� 111' ClNNRIRn O( CARR CRUK AS SVRIt)t1l I/27/92 \ C(NIIRIIN(T WAItRIINt (Asuman- PARCEL "I)" --Iv' �P. o 1 Rate, 3 0690'00' ! — • 7„r e - e7slr e. Mt,1' -117.0 CINIIRUNE Cr CA11LE CRIU( 41ty `pta • MINI) OLM. ALUMINUM CAP ,r7 SrI Ks? 248.21' 1r • PARCEL "C” 35.098 ACRES SOUP Un Cr 44-1/I S(CnP4 IS ,r11Cr lam' r rralbl' [ saint JO.jJ• + Ir r • { I$ MUM gill Amino' CAP puAESTDD cams)/ (b. C_t_t I/84 CORM SCUM l.M. ALUMOIIJY CW FOUND D.L. MIS Wright Water Engineers, Inc. DENVER OFFICE 2490 West 26th Ave., Suite 100 A Denver, Colorado 80211 (303) 480-1700 April 2, 1993 GLENWOOD SPRINGS OFFICE 818 Colorado Avenue P. O. Box 219 Glenwood Springs, Colorado 81602 (303) 945-7755 Denver Direct Line: 893-1608 Mr. Mark Bean Garfield County Regulatory Office & Personnel 109 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601-3303 RE: Domestic Water Supply for the Proposed Midland Exemption Dear Mark: Wright Water Engineers has been retained by Carl Midland to investigate the water resources and water supply options for development of his Cattle Creek property located at the southeast corner of Highway 82 and County Road 113. Attached is a copy of our report dated April 2, 1993. Based upon our investigation, it is our opinion that an adequate domestic water supply can be developed through construction of new well(s) in the Cattle Creek alluvium and/or by tapping into the existing Cattle Creek Water User's system, and/or by developing the unadjudicated spring located in the southern portion of Parcel B. Please call if you have any questions. Very truly yours, WRIGIIT WATER ENGINEERS, INC. By: Michael J. Project M. .'ger MJE/blh 931-023.000 cc: Carl Midland P.E. Wright Water Engineers, Inc. DENVER OFFICE 2490 West 26th Ave., Suite 100 A Denver, Colorado 80211 (303) 480-1700 April 2, 1993 Mr. Carl Midland 0726 County Road 137 Glenwood Springs, Colorado 81601 GLENWOOD SPRINGS OFFICE 818 Colorado Avenue P. O. Dox 219 Glenwood Springs, Colorado 81602 (303) 945-7755 Denver Direct Line: 893-1608 RE: Cattle Creek Property — Water Resources Inventory and Water Supply Options Dear Carl: At your request, Wright Water Engineers (WWE) has investigated the water resources and water supply options for development of your 70 -acre site on Cattle Creek. We have examined the water rights appurtenant to the property, estimated the water demand based upon the proposed land use, and evaluated the water supply options to serve the proposed development. SUMMARY The following water resources are associated with the property: • 42 shares of the Glenwood Ditch for irrigation of 18 acres. • A 3/4 -inch tap from the Cattle Creek Springs & Pipeline System (Cattle Creek Water Users' system). • Unadjudicated spring with an estimated flow of 5 gpm. • Cattle Creek through the property. • Alluvial groundwater aquifer. The estimated average annual domestic water requirements for proposed development of the property totals approximately 16,700 gallons per day (gpd). The demand for Parcel A can be served by the existing 3/4 -inch tap from the Cattle Creek Springs. The remaining domestic water demand can be supplied by either acquiring additional shares of the Cattle Creek Springs & Pipeline or by drilling a new well(s) with a minimum long --terns safe yield of approximately 15 gpm. In our opinion, both alternatives would provide an adequate supply of water for the proposed development. however, there are potential long -terns water quality concerns with the Cattle Creek Springs and regulatory issues with the Colorado Department of Health (CDOU). In addition, the unadjudicated spring can be developed to serve some of the water demand. Mr. Carl Midland April 2, 1993 Page 2 WATER RIGHTS Properly decreed water rights for potable and irrigation water are required to develop the Midland property. Irrigation Water Rights In recent years the property has been irrigated by the Glenwood Ditch. Midland holds a water rights lease to use 42 shares of the Glenwood Ditch. The lease is with the previous owner of the land, Union Oil Company, and ends December 31, 2001. These shares are part of a water augmentation plan (W-2206) whereby Union Oil, upon demand, can transfer the historic consumptive use to their oil shale operation near Parachute, Colorado. Midland is required to use the shares to irrigate 18 acres on the property. To meet the irrigation needs on the Midland property, Union Oil's interests in the Glenwood Ditch could be permanently acquired if Union agrees, or additional shares of the Glenwood Ditch could be acquired and transferred to the property, provided that no portion of the Union Oil water augmentation plan (W-2206) is violated. Potable Water Supply 'Vater Rights If the existing Cattle Creek Water Users' system were to be used to provide potable water to the Midland property, the existing decreed right on that system, would, in our opinion, provide a firm water right. It would be protected by the operating criteria for Green Mountain Reservoir. The Cattle Creek Springs & Pipeline, for 70 gpm, was adjudicated in 1971 with a 1968 appropriation date. If a new well(s) is used as a source of water, water rights would need to be acquired. We believe it would be easy and straightforward to acquire augmentation water from Ruedi Reservoir for out -of -priority diversions by the well's junior rights. The only vested water rights between a well on the property and the Roaring Fork River are for Cattle Creek diversions to the -Glenwood Ditch. We believe that an agreement can be reached with the Glenwood Ditch that would allow the "exchange" of Ruedi Reservoir water up Cattle Creek past the Glenwood Ditch to the wells. In addition, shares of the Glenwood Ditch could be used to augment the new depletions. Mr. Carl Midland April 2, 1993 Page 4 The estimated average annual potable water demand for the proposed development is approxi- mately 15 gpm with a peak day demand of approximately 35 gpm. A storage tank may be required to meet peak demands as well as fire flow requirements to be set by the Carbondale and Rural Fire Protection District. The above is based upon conceptual level planning and should be refined when more detailed plans for development of each parcel are available. WATER SUPPLY OPTiONS Cattle Creek Water Users Association The Cattle Creek Water Users Association serves about 12 potable taps north of and including the Midland property. Its water supply is delivered from a spring on Cattle Creek near the east end of the Midland property. The water is chlorinated and reported to be hard. 1t is not regulated by the State as a community public water supply because it currently serves less than 15 homes. If the remaining four parcels (B, C, D and E) of the Midland property tapped into the Association's water system, then the system would be required to meet the standards of a public water supply as promulgated by the EPA and CDOII. Given the location of the spring adjacent to the Circle Y Salvage Yard, the CDOII would require a Particulate Analysis and tests for total petroleum hydrocarbons and primary drinking water standards test. Based upon the results of these tests, an expensive filtration system and/or hydrocarbon removal may be required. According to Slim Welcher, the spring has provided an adequate water supply for the users for many years. The spring is reported to yield 70 gpm. We have not confirmed this nor can we state with certainty whether or not the added potable water requirements of the Midland property would exceed the current yield of the existing collection and pumping system spring. Based upon records kept in the pump house, the current average use is approximately 15 gpm with an estimated peak day use of approximately 40 gpm. Groundwater Supply The bedrock under the property is the Eagle Valley Evaporite (Pennsylvanian). This formation can be seen on the property above the valley bottom on the sides of the hills. These evaporites have a high percent of gypsum, and are soluble and erodible. The Eagle Valley Evaporite is known for its poor water quality and will not yield an acceptable quality of water for a potable water system without extensive treatment such as reverse osmosis. The fluvial deposits laid clown by Cattle Creek on the property are considered "younger alluvium." The maximum depth on the property is unknown and may, on the western edge of the property, be underlain by older alluvium that may have a higher water yield. Mr. Carl Midland April 2, 1993 Page 5 According to the State of Colorado's 1974 Environmental Geology No. 8 Report titled "Roaring Fork and Crystal Valleys, an Environmental and Engineering Geologic Study," the property is underlain by a potential sand and gravel source area. There are no registered wells and no decreed springs on the property. There are numerous wells in the Cattle Creek alluvium upstream of the Midland property with reported yields of 10 gpm to 45 gpm. Our field investigation of the spring in Parcel 13 indicated a flow rate of approximately 5 gallons per minute on March 12 and March 26, 1993. In our opinion, adequate water quantity and quality can be obtained from well(s) in the Cattle Creek alluvium. RECOMMENDATIONS Based upon our investigation presented in this report, we offer the following recommendations: • File a water rights application on the spring located at the base of the ridge in Parcel B. This water can be developed for numerous uses on the property including domestic and irrigation. Use of the spring will be out -of -priority diversions and must be augmented. • Acquire permanent shares of the Glenwood Ditch. • Commence negotiations with the Cattle Creek Springs & Pipeline water users to acquire shares of the system. • Drill a test well in the Cattle Creek alluvium at the west end of the property to verify adequate water quantity and quality. This would cost between $5,000 and $10,000 depending upon the depth. This can could be converted to a production well. MJE/blh 931-023.000 Very truly yours, WRIG1IT WATER ENGINEERS, INC. By: Michael J. Eri e Project Mana:er P.E By:1L6L41/4'x`1 Wi liam L. Loran, P.E. Vice President 7 8 9 10 11 12 C�l1SZ.� (A) gi,\ :3/(41: 13 14 •15 16 17 15 19 20 21 22 23 24 25 26 27 elow M►p�a.�� 93-35" S pry c. GoA5tri\141} it SEPTIC CONS TPA INTI MIDLAND EXEMPTION Nq _ :73 8 C ,.ji 4 F k, elow M►p�a.�� 93-35" S pry c. GoA5tri\141} a9 WP 5 tL ��5► �1�lNT� R, ramammil . SOIL HAZARDS MIDLAND EXEMPTION 1 M w ui � _ r�°r `• F. !� .► L'-�::c.��• tusumi lemma N 4l�s- 1i� Iminim .. m a9 WP 5 tL ��5► �1�lNT� =UM in no ‘11111•111101m • INESTIM 1111:&+■ IWWI ■ flA4:3■ IMMO Ii ! ■ IVA rfl ■ iZiU ■IC„■ Nl IAS-c4st5 6 - 35- S L-oP� C,o r19T AI r4IT$ (303) 9634491. February 5, 1994' Dave Michealson Garfield County Planner 109 8th,, St. Olenwood.Springs, CO 81601. Dear Mr. Michelalion, • - •• • ' i..4 • • - • • , ; - • "•- • ‘'.'3,'T./A,•,,- ••• • • '' • • ' '" ; • , • • . • • • ;1412•tyre . ' • ' .41 1 •• :') ••41) LIi? Mitch Huer contacted MO yesterday- end asked me to comment to you on.fIre protection the property looked. at. 0082 County Road 113 and.currentlyowned by, Carl Midland_Mr:;: Iluer explained.that the current plan In to split the property into.i.wo pieces, anclin. utillzeionsK of the parcela,as, a go cart track enterprise,. There are, currently no plans; for the; second weal • - d This property is within the boundaries of the Carbonciale.8c Rural Fire:Protection District,an the district will provide service to the property. While I have not seen any plans for the proposed go cart track, I conditions that would create unusual fire protection hazards with storage. Any on -site fuel storago will be required to be installed accordance with NFPA standard 30 (Flammable and Combustible do not foresee any rpecial.' the exception of on•site,lbel: ':,..-..-• '•:',l ,-- and maintained in : . - • :`-'z,‘ cf::,;47 • •-.;, ,,`',1",, Liquids Code).. - . ,! ,; - ' ' ' - -!toit• [.,.... , Water supply for fire protection is a problem as there im currently no, on.iiie wider rupplY.4.2.ii*;!-q..-: The owner should provide access to Cattle Creek for the fire department and install a hydrant into the creek for water supply for fire protection. The dry hydrant.will be-requiredf0,447.,. to be installed ia accordance with NFPA standard 1231 (Water Supplies for Fire,Fighting)-AgtrAti Additionally, the dry hy drant should be made available to the fire department for firp:11 tf , fiefilt,A purposes in the surrounding area. „., • .•L•r, ' • if you have any questions feel fi-ee to contact me at 963-2491. • ' Sincerely, Ron Leach, Chief Carbondale & Rural Fire Protection District co: Mitch Huer Po Box 1412, Glenwood Springs Colo. 81601 Pt: • f • • • • T.91:1:1q4"1. • 4; :Po,. • ' I • i•hp • • r( r1 United States Department of the Inte or MAR 30 BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 March 29, 1994 Mr. Dave Michaelson Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Michaelson: 1994 GAR1=1ELD COUNTY IN REPLY REFER TO: '1785g (7-880) In response to the request for comments regarding the proposed Midland Subdivision Exemption located south of County Road 113 and east of Highway 82 between Glenwood Springs and Carbondale, I offer the following statements for your scheduled April 4, 1994 public meeting. The proposed 35.098 acre parcel borders public lands administered by this office. These statements are similar to those presented in my December 15, 1993, letter regarding a previous subdivision proposal of this property. 1. The landowner should be aware of the location of property boundaries to ensure no encroachment occurs on public land. 2. We are not aware of the location of utilities for power, telephone, etc. to the property. If utilities are proposed that would cross public land, the utility company would have to obtain a right-of-way from this office. An environmental assessment report would be completed as a part of the ROW permitting process. 3. The adjacent public land is not currently being permitted for livestock grazing. Public lands are open for hunting and other dispersed recreation activities. The proponent should be aware that such recreation uses are allowed on BLM-administered lands. We appreciate the opportunity to comment on this action. If you have any questions or need additional information, please contact Jim Byers in this office at 945-2341. Sincerely, Michael S. Mottice Area Manager