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HomeMy WebLinkAbout4.0 BOCC Staff Report 08.08.1983• PROJECT INFORMATION AND STAFF COMMENTS BOCC - 8/8/83 PROJECT NAME: The Laura Lee Subdivision Preliminary Plan request APPLICANT: Bill and Laura Smith SURVEYOR: Tim Callahan LOCATION: Approximately 2 miles northwest of Silt off County Road 237 and 266. SITE DATA: 32.60 acres to be subdivided into 6 single family lots. WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: Proposed shared domestic wells Proposed individual septic systems From County Roads 237 and 266 A/R/RD North: A/R/RD South: A/R/RD East: A/R/RD West: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN: This property lies within the "Subdivision Classification" of the County Comprehensive Plan. The following are a listing of quotes taken directly from the various sections of the Comprehensive Plan: Much of the area surrounding Silt is agrarian. New development should minimize impact on the agrarian character of the area. Additional development which is not adjacent to the town will detract from the agricultural areas currently separating the existing subdivisions. Provisions should be made for the continued opportunity for agricultural activity. (Page 58) Productive agricultural lands need to be preserved and allowed to continue as long as possible. (Page 3) Adequate provision of technical services (i.e. water, sewer, roads) to new and existing development needs to be ensured by the County. (Page 4) New development should be compatible with existing adjacent land uses. (Page 5) Utilize the cluster development technique as an incentive for less expansive housing, especially in areas where it is desireable to preserve agricultural land use or where scenic attributes should be maintained. (Page 8) Utilize cluster development and Planned Unit Development in agricultural areas. (Page 17) Encourage non-agricultural development in agricultural areas to locate on non-productive farm land. (Page 18) Provide a minimum number of access points on through streets and highway. (Page 20) II. DESCRIPTION OF THE PROPOSAL: A. Site Description: The site is gently sloping and used for agricultural purposes. There are several existing homes in the area. B. Project Desription: The applicant proposes to subdivide a 32.60 acre tract into six parcels of 2.5, 2.5, 2.5, 2.5, 4.2 and 18.4 acres each. -8- • BOCC - 8/8/83 III. MAJOR ISSUES AND CONCERNS_ A. Previous History: In 1978, the applicant received a Senate Bill 35 Exemption to split a 40 acre tract into two tracts of 37.64 and 2.36 acres. In 1979, the applicant received another SB 35 Exemption to split the 37.64 acres into three parcels of 32.68, 2.36 and 2.42 acres. In 1981, the applicant requested another SB 35 Exemption to create three more parcels. However, at that time, the Board of County Commissioners indicated that the applicant would need to proceed through the full subdivision procedures, since the Senate Bill 35 Exemption process only allows for three new lots to be created by exemption. The applicant has therefore submitted this request for County Subdivision review. The Preliminary Plan was presented to the Planning Commission on May 11, 1983. At that time, the Planning Commission decided to table the public hearing on the Preliminary Plan until such time as a response was received from the Division of Water Resources and until a letter was received from the fire district. On July 13, 1983, the Planning Commission reviewed the proposal once again. B. Review Agency Comments: 1. Town of Silt - The Town of Silt opposes this project due to poor access roads leading to the development, and because it would continue the "urban sprawl" north of Silt, evidenced by the Sunrise, Panoramic and Asgard Subdivisions. (See letter, page 21 ). 2. The Division of Water Resources - A letter was received dated May 26, 1983 stating the Division did not consider this water supply plan to be the best alternative for a subdivision the size of the proposed Laura Lee Subdivision. However, they do not feel they can object to the proposal. See letter, page 22 & 23 • 3. Bookcliff Soil Conservation District - The District made two comments regarding the subdivision proposal. 1) "The property described in the plan is included on lands designated as prime farm lands of national importance by the Soil Conservation Service. This district encourages the protection of these lands for agricultural uses." 2) The district feels that by replacing the open ditch with a buried plastic pipe, the need for ditch users to gain access to individual parcels for maintenance would be eliminated. See letter, page 24 • 4. The RE -2 School District has no objection to the proposal. See letter, page 25 . 5. The Colorado State Geological Survey has no objection to the proposal. See letter, page 26 • 6. The Public Service Company has no objection to the proposal. See letter, page 27 • 7. Silt Fire Chief, Keith Crandell wrote a letter dated June 14, 1983 stating that he recommends a 5000 gallon storage tank for the subdivision. He also would like permission to use the existing cistern at the applicants house, if needed. He stated that the water storage tank should be plainly marked and accessible year round. C. Staff Comments: 1. The applicant proposes to serve Parcels 1 and 6 (2.5 and 18.5 acres, respectively) from one existing domestic (10 gpm) well. Parcel 2 (2.5 acres) will be served by a household use only well. Parcels 3 and 4 (2.5 acres each) will be served by an existing domestic (15 gpm) well which is located on a lot outside the development, and Parcel 5 (4.2 acres) will also be served by an existing domestic well which is located outside of this development. The applicant must provide evidence of authorization from the landowners outside the development that joint usage of the wells will be allowed. The applicant must also provide evidence of well maintenance easements from the wells to each parcel served by those wells. Joint ownership and maintenance of all pumping facilities, etc., must also be addressed. BOCC - 8/8/83 The applicants submitted draft declar•on and agreement documents for joint ownership and operation of the wells in question. The County Attorney has made two suggestions regarding these agreements: a. That reference be made to the property deed book and page number on the declaration and agreement document. b. That when each lot is sold, the declaration and agreement documents must be incorporated into the deed transferring the well rights and easements with the actual property deed to the new owner. The applicant has rewritten an agreement with LeRoy and Denise Tinkum to gain access to the west of the existing well (previously the signed agreement read access was to the north of the well.) A signed copy of this agreement has not been submitted as of this date. 2. The County Road Supervisor has indicated that the shared access points onto County Roads 237 and 266, as presented, will present no problems. These stretches of road have a good line -of -sight in the vicinity of the proposed access points; and the road surface is generally in good condition. The culvert sizes are proposed to be 24" in diameter with a length of 12' having both ends enclosed in concrete. The staff recommends that each access road be a minimum of 16' in width with a culvert size of 24" extending a minimum length of 3' beyond each side of the access road or having the ends of the culverts encased in concrete at a length approved by the County Road and Bridge Supervisor. 3. The County Environmental Health Officer has indicated that there should be no problems with individual septic disposal systems for the proposed lots. 4. A lateral irrigation ditch runs the length of the property and is used by surrounding property owners. A 20' easement for maintenance should be added to the Final Plat, as well as on the individual deeds for each parcel. IV. FINDINGS 1. The Preliminary Plan conforms to the Preliminary Plan requirements of Garfield County Subdivision Regulations. 2. The Preliminary Plan conforms to the requirements of the zone district in which the development is located. 3. That for the above stated and other reasons, the Preliminary Plan appears to qualify for approval by the Planning Commission. V. RECOMMENDATION On July 13, 1983, the Planning Commission recommended approval of the Laura Lee Subdivision Preliminary Plan with the conditions below. The Planning Commission also noted, however, that they did not encourage subdivision developments with this type of water supply plan. 1. A 20' easement shall be noted on the Final Plat for the Lateral Irrigation Ditch #34 for the maintenance needs of the ditch users. 2. A width of at least 16' for each access drive shall be noted on the final plat and the ends of the culverts shall be encased in concrete being a length approved by the County Road Supervisor or extended a minimum of 3' beyond the traveled width of the driveways. The culverts shall be a minimum of 24" in diameter. 3. That the County Attorneys' suggestions in staff comments #1 be made conditions of approval. 4. That the applicant provide a signed copy of the easement agreement between himself and LeRoy and Denise Tinkum to the Planning Division prior to Preliminary Plat approval. 5. That a 5000 gallon cistern be centrally located in the subdivision to provide adequate fire protection to the subdivision. -10- RICHARD D. LAMM GOVERNOR April 20, 1983 T06 41/ of coo t�• 1>t0 1876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE (303) 866-2611 Ms. Cynthia M. Houben Garfield County Dept. of Development 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Houben: GA -83-008 GA -83-009 GA -83-010 JOHN W. ROLD DIRECTOR RE: ROBINSON SUBDIVISION ERTEL SUBDIVISION LAURA LEE SUBDIVISION We have reviewed the subdivision proposals listed above and find that there are no major geologic problems which will significantly affect these minor developments. We do recommend that soils and foundation investigations be conducted to determine proper design of foundations and access roads. Additionally, all septic leach fields should be properly designed for the specific site conditions, and meet State and County regulations. If these recommendations are followed, we have no objection to these minor subdivisions. Sincerely, Bruce K. Stover Engineering Geologist vt BKS -83-026 6\ c GEOLOGY STORYOFTHEPAST... KEY TO THE FUTURE April 21, 1983 P.O. Box 1302 Boolff Soil Conservation District Glenwood Springs, Colorado 81602 APR 2 71983 Cindy Houben 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Cindy: The Bookcliff Soil Conservation District Board has reviewed the Preliminary Plan for the Laura Lee Subdivision and would like to make the following comments. The property described in the plan is included in lands designated as prime farmlands of national importance by the Soil Conservation Service. The District encourages the protection of these lands for agricultural use. The District would also like to see the Preliminary Plan address the potential effect of the proposed subdivision on the irrigation ditch running through the property. Replacing the existing open earth ditch with buried plastic pipe would eliminate the need for ditch users to gain access to individual parcels to perform yearly maintenance (such as burning and cleaning) . The Bookcliff Soil Conservation District appreciates the opportunity to comment on this proposal. Sincerely, -6-e,�- Ed Chelewski Secretary EC/te. CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT GARFIELDSCHOOL D1STRICPNO. RE -2 Dariel dark, Superintendent Lennard D. Eckhardt, Assistant Superintendent Lawrence D. McBride, Assistant Superintendent April 21, 1983 Cynthia M. Houben Garfield County Dept. of Development 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Houben: There should be no problem with the Laura Lee Subdivision insofar as this school district is concerned. The schools can readily accommodate any additional children who will be living in the development. DC:jp 303-625-1595 tsatz"a Sincerely, Dariel Clark Superintendent 822 East Avenue, Rifle, Colorado 81650 303625-2361 RICHARD D. LAMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 April 25, 1983 Ms. Cynthia Houben Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Houben: JERIS A. DANIELSON State Engineer Re: Laura Lee Subdivision NEA SEA, Sec. 35, TSS, R92W We have received the above referenced subdivision proposal. Unfortunately, the water supply plan submitted is insufficient for our review. A water supply plan must address the legal availability of water, the adequacy of the physical supply, relevant institutional aspects and other information as required by CRS 1973, 30-28-133(3)(d). An augmentation plan developed through the Water Court may be necessary for this development. Sincerely, z Hal D. Simpson, P.E. Assistant State Engineer HDS/KCK:ma cc: Lee Enewold, Div. Eng. Ralph Stallman Rich Bell • Public Service Company C®Il© d© P.O. Box 152, Garfield County Development Department 2014 Blake Ave. Glenwood Springs, Co. 81601 Rifle, Co. 81650 1!" MAY 21993 ciiiiiiitu Lout. t'‘..,.+4 - RE: Review of Laura Lee Subdivision Public Service Company of Co. has no objections. RR:dl 4L»'�C�L/ R:1• 'oe• ackA-t ✓3 Supervisor of Engineering • • GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 May 4, 1983 Keith Kepler Division of Water Resources 1313 Sherman Street - Room 818 Denver, CO 80203 RE: Laura Lee Subdivision Preliminary Plan Dear Keith; Enclosed is a copy of the Laura Lee Subdivision Sketch Plan and the well permits. I do not have a copy of the well permit for Parcels 1 & 6, however, the applicant supplied me with the permit number 32839 dated January 9, 1968. This well is currently in existence. I will be calling you next week to see if this information sufices. Thank you for your help. CMH:lw Enclosure 2014 BLAKE AVENUE Sincerely, Cynthia M. Houben Planner GLENWOOD SPRINGS. COLORADO 81601 JUN 1 0 ecorder' at f . e(I o'clock_ _11 M. APR 24- __14 Reception No.1• MILDRED ALSDORF, RECORDER B00K 625 raME76 1_ .,.. r. *'or ;r,,..ted to Lillie L. ,and Laura F. Smith t,a:ir ;:..ire or e_,seman% liee is the 54: SE of Sec. 35 i. S. A. 92 . u shall be .0.1 on .zither si..e .f the _'ollo :in uescribea c.;ut riine, co:amencint the corner of Eec. 35; 740-,4' -0'7" -L ),229.77' to point on the common centerline of %.r oxistin„; ,.itcti the true point of be,;inning; tns r.ce S 89°- )4;- 49” 4 alone a lir.: 1,in; ,L0'O" So. of the north line of the SE SE of Loc. 35 70'0". 6)2.Cca2ct D crinis L. Corcoran xxxxx -;Xx }', Catherine Subscribed and sworn to before me this 28th day of January, 1983 Ptiti Q o Nota jty Public in and fo the County • '`� r of Denver, Colorado ".% '•••'' o ,' 1056 E. 19th Avenue FoF GSL, \ f �. Denver, Colorado 80218 My commission expires 7/16/86 TOWN of SILT • P.O. Box 174 Silt, Colorado 81652 303 876-2353 June 14, 1983 Ms. Cynthia Houben Garfield County Department of Planning 2014 Blake Avenue Glenwood Springs, Colorado 81601 RE: Laura Lee Estates - Bill Smith Dear Ms. Houben, Concerning the fire protection forthe Laura Lee Estates Subdivision, I would recommend 5,000 gal. of water storage. I would also like to have permission to use water out of the cistern at the existing house, if needed. We would also like access to the water storage for other fires, if necessary. We would like to have the water storage area to be plainly marked and the access road should be usable year round. Sincerer Keith Crandell Fire Chief TOWN .rsi''!'r P.O. Box 174 Silt, Colorado 81652 303 876-2353 June 10, 1983 Cindy Houben Garfield Count Planning 2014 Blake Street Glenwood Springs, Colorado 81601 RE: Laura Lee Subdivision Bill Smith Dear Cindy, JL 13 1983 I would like to recommend a minimum storage tank of 10,000 gal for the group of houses in this subdivision, for water. I would also recommend that there are proper connections for the Fire Department and the storage system be plainly marked. I would further recommend that the roads and the area around the storage tank be properly maintained during the winter. Keith Crandell President Silt -New Castle Fire Protection District RICHARD D. LAMM Governor 516H /876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 May 26, 1983 Ms. Cynthia Houben Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Ms. Houben: JERIS A. DANIELSON State Engineer MAY 1 1983 Re: Laura Lee Subdivision Section 35, T5S, R92W We have reviewed the above referenced subdivision proposal. The appli- cant proposes to create six parcels from 32.6 acres. He proposes to serve each parcel from an existing or permitted well. Specifically, well number 1-32839 would serve parcels 1 and 6, well number 2-126790 would serve parcel 2, well number 3-122502 would serve parcels 3 and 4 in addition to a tract it already serves, and well number 4-95032 would serve parcel 5 in addition to the tract it already serves. Wells number 3-122502 and 4-95032 are not located on the 32.6 acres in question and the applicant will have to contract with the adjacent landowners to obtain the right to use the well and the necessary easement. One such contract has been submitted and seems to be satisfactory in format, although this contract may have to be re-nogotiated since it provides for easement to the north rather than the west which appears to be required. We have reviewed our files and found that each well has been constructed or else the permit remains valid. No statement of beneficial use has been filed for well 122502 or 95032. All wells are domestic except 126790, which has been issued for household use only. The conditions of approval for well number 126790 would prevent the issuance of any additional wells on an area including parcels 1, 2, 3, and 4. This office has had a policy of allowing existing domestic wells to serve up to three dwellings where permit conditions do not prohibit such a use of the well. We have recommended that subdivisions which would share such wells be approved provided the well was jointly owned and arrangements are made for easements and operation and maintenance expenses. This policy has resulted from our interpretation of CRS 1973, 37-92-602, which states that a domestic well may serve up to three dwellings and also states that it is intended that the availability of exempt wells is for a person to obtain a well for his own use. a Ms. Cynthia Houben Page 2 May 26, 1983 To be consistent with our policy, we feel that we cannot object to the proposal at hand provided the necessary contracts for joint ownership, ease- ments, and operation and maintenance are developed. Potential purchasers of lots 1, 3, 4, and 5 should be made aware that they will need to share a well and that additional permits will not be available. Special emphasis must be placed on the format and validity of agreements for use of the off-site wells. Although we do not feel that we can object to this proposal, we feel that it is a disappointing water supply plan. Previous proposals we have reviewed where the well would be shared have involved an on-site well which the owner - user agreed to share in order to be able to create an additional lot. In this case, the wells are off-site and while the developer may have some interest in the off-site wells which will be shared, he is neither the owner of the whole of two of the wells nor is he the user of these wells. We do not believe that it is the intent of the statute for exempt wells to be used in this manner. Our second concern is that sharing a well is less than an ideal water supply for the lot purchaser for several reasons. Our approval of such proposals is directed toward a situation where a well must be shared as a result of our inability to issue an additional permit or perhaps economic constraints of the developer or purchaser. We do not consider this to be the best alternative for subdivisions of this size. Sincerely, Haig in so , P.E. Assistant State Engineer HDS/KCK:ma cc: Lee Enewold, Div. Eng. Ralph Stallman