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HomeMy WebLinkAbout3.0 PC Staff Report 11.12.1997 & 02.11.1998PC 11/12/97 2/11/98 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Preliminary Plan consideration of the Ponderosa Subdivision. APPLICANT: Kenneth (Scott) Rose LOCATION: A tract of land located within Section 5, T5S, R93W of the 6th P.M.; located approximately 10 miles northwest of the City of Rifle, along State Highway 13. SITE DATA: 8.56 Acres WATER: Shared spring/shared well SEWER: Individual sewage disposal systems ACCESS: Direct access to State Highway 13 EXISTING ZONING: AIR/RD ADJACENT ZONING: North/East: O/S South/West: R/L I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is located within District C - Rural Areas/Minor Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The 8.56 acre tract is located approximately 10 miles northwest of Rifle, along SH 13 and is currently utilized as a single family residential homesite, with an existing mobile home and addition occupying the site. Slope varies across the tract and in the eastern portion exceeds 40%. However, the majority of the tract slopes at gentler angles between 2% and 20%. Vegetation appears to be native, with pinion - juniper, sage and annual grasses scattered across the tract. B. Adjacent Land Uses: The area is largely devoted to single-family residential, limited agricultural and recreational land uses. See vicinity map, page • ,Z • . C. Development Proposal: The applicant proposes to subdivide the 8.56 acre tract into two (2) parcels of 3.06 and 5.50 acres each. The larger parcel would contain the existing mobile home and other improvements, and the smaller parcel would be developed as a single family residential parcel. See sketch map, page • a 7-- M. ' III. REVIEW AGENCY/PUBLIC COMMENTS A. Garfield School District No. Re -2: Has reviewed the proposal and due to the size of the project, has no comment. See letter, page:4I Book Cliff Soil Conservation District: States concerns regarding erosion and revegetation using weed -free seed, animal control, drainage, and water quality. See letter, pages .,/9�%,3Q. Division of Water Resources: Has evaluated the water supply documentation and in their opinion the supply would cause material injury to decreed water rights and would not be an adequate, physical supply. See letter, page — c • . Colorado Geological Survey: Has reviewed the proposal and identifies the site located upon both landslide and alluvial fan deposits. Recommends that this subdivision be investigated by a qualified engineering geologist, prior to any approval. See letter, pages ,j.2-33 IV. MAJOR ISSUES AND CONCERNS A. Zoning: The subject tract is located within the A/R/RD zone district and both proposed lots meet the two (2) acre minimum lot size requirement. It appears that slope would not be a significant constraint to development and neither lot is within an identified, 100 -year floodplain. According to the Colorado Geological Survey, the entire subdivision site is located on geologically hazardous terrain and building envelopes should be evaluated and proposed by a qualified professional. Physical Water Supply: The majority of the water supply would be derived from an adjudicated spring, located east of the subdivision site, on BLM property. This supply has been evaluated over the course of the last year, both before and after development of the spring. This spring has been found to produce between 936 and 1195 gallons per day and, for the duration of the flow measurements, appears to be a continual water source. There is an existing well that may also be utilized; however, historically it has not been a reliable water source. In both the engineering report and the letter provided by the Division of Water Resources, there is concern for the amount of the physical water supply in periods of prolonged drought, where the spring may not be capable of meeting even the in-house demand. Legal Water Supply: Originally, the existing well was the subject of a West Divide Water Allotment contract, which was amended to include diversions made from the springs. The springs are the subject of a conditional water right decree, wherein the applicant was awarded an amount equivalent to 75 gallons per minute (GPM)', for each spring. This right is subordinate to an absolute right granted to the BLM (USA) for an equivalent amount of 3.1 GPM, for wildlife watering and habitat. (Although this decree is for Ponderosa Springs #1 and #2, only Spring #2 has been developed and measured.) Obviously, the spring is not flowing at this rate, which underscores the issue associated with the Division of Water Resources' opinion that a call could be placed on the spring and possible curtailment of the water source to the subdivision. Since the BLM has the absolute right, it appears that the Division does not consider the statement made by Roy Smith, BLM Water Rights and Instream Flow Coordinator (wherein the BLM would not place a call on the spring), to be enforceable and suggests a call on the subdivision water supply is possible. C. Soils/Sewer: The method of waste water disposal is the use of ISD systems for the individual lots. According to the Soil Conservation Service, soils on-site are predominantly within the Nihill channery loam classification, typically deep and well - drained soils. When used for community development and the placement of ISD systems, these soils are considered, by the SCS, to have severe constraints. On July 25, 1996, percolation tests were performed, indicating that conventional septic systems could be utilized. See report, page -3 y • . Given this information, it is likely that a conventional ISD system could be utilized. D. Access: Access to the lots would be from the historical access point, which would be developed as a shared easement, proposed to be 30 feet wide. Regulations require this 30 foot easement, which may be developed with a single travel lane, 12 feet in width. Flows from an existing drainage gully would be directed through a 36 inch culvert to provide access to the designated building envelope for Lot 1. The State highway department has recently issued a driveway permit that approves access to the proposed lots. Site distances along State Highway 13 are sufficient and staff sees no special problems associated with access, as long as it is constructed in a way that does not impede the historic drainage flows. E. Fire Protection: The Rifle Fire Protection District has responded, suggesting this subdivision would not materially impact the ability of the District to provide services. The District does request that the applicant create defensible space around the 0.1666 cubic feet x 7.48 gallons x 60 sec = 74.7 gallons 1 sec 1 CF 1 min 1 min dwellings and instructs the applicant to work with neighbors to identify water supplies for fire fighting purposes. See letter, page -3..S" - . Staff suggests the inclusion of the standard plat note addressing wildfire mitigation. Natural Hazards: According to Exhibit H of the application,' the eastern portion of the subdivision site is identified on a landslide deposit (Qls) and the western portion is identified on an alluvial fan deposit (Qfy). The Colorado Geological Survey has conducted an analysis of the site and strongly recommends that these hazards be evaluated by a qualified professional, and an appropriate building envelope, for Lot #1, be designated on the plat. Staff supports this recommendation. Easements: All required easements for access, utilities, water supply, etc.,would be required to be shown on an a final plat. H. School Site Acquisition Fees: The applicant would be required to pay the $200.00 school site acquisition fee, for the creation of the subdivision parcel. V. SUGGESTED FINDINGS 1. That proper publication and public notice and posting were provided as required by law for the hearing before the Planning Commission. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearings. That the proposed subdivision of land is in conformity with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted. VI. RECOMMENDATION Based on the opinion of the Division of Water Resources "that the proposed water supply will cause material injury to decreed water rights and that the water supply is not adequate to meet requirements of the subdivision," staff recommends DENIAL of the application. 'Preliminary Geologic Map of the Horse Mountain Quadrangle, Garfield County, Colorado a�� .e 8.400'...., Q /41" •w (. ..1.-0 \- •{�'" te 'I =, :. ; ,,, a, •• . c c 1,1 _, I 1) I 1 1-+0 000 FEL ( QQ *int f -XV 7 411 6LtNw000 !:'RINGS a6- VICENTTY MAP SCALE: 1 " = 2000' SSEZZICAZWII2LCAEDILAND_D_DECIS r'N�W AL_ .MEN B'. THESE RRESEN`3. THAT KENNETH S. ROSE IS, ARE THE 'OM'IEK(S) JF THA - SITUATED TN THE OOUNTr CF GARFIELD. STATE CF COIL PART OF THE SW1 /4SW1 /4 OF SE'C T;CN 5, TOWNSHIP 5 WEST CF THE SIXTH PRINCIPLE MERIDIAN AS SHOWN ON PLAT, SAID REAL PRCPERTY BEING MORE PARTICULARLY FOLLOWS. BEGINNING AT THE INTERSECTION POINT CF THE NORTHE WAY OF COLORADO STATE HIGHWAY 13 AND THE NORTI- SW1 /4SW'/ 4, WHENCE THE SOUTH 1/16 CORNER COMM( 4.0 o. a U� z (n CO 0 O CO v z 0 9 0 u, 1 r1 m 0 4J. U 4 0) 0 w U 0) (n (0 N N rA O P i4 N 0 (0 441 ,O O A 1 s p• V l Z y 20W> O ma 1 m dWD „9L JNUSIX3 O0° dWp .,9£ JNl1SIX3 / V �a/,' / / C)'/ ` I // `./ / l., ori rte ' C Y / y r� I %� :c ao ^0 �/ H / , O .,, �" / ,---.-..-,..-z r} 1 z u m i l) c Gi�L�a ' >mJ PA �c -;m�^T iz0 �t0 P C n y� Z 4.J. ''I ii a' y1 i'1 A/a /J. U ; A m / m z / :0 // ^r+i s) O / b .-.1 i , // m U113 / 1S,d / 1 Bg - r1 0 x %b' /� ZO > m :I / t ►• 11, AA/ /// \ v//71 / I / // \-m // a s; \ / ____----\'' '' r"m / / m / __ p0 d) I gtoh A �V Y I U b / / n y / /0 01,1�a�;��' �� 4.1 / D c I\ 0 0 ▪ 01 W ~'` • v. O n7 / / / z _ / m u1 / 6? ��y ' I i / .$0. / ' Z z / v z / -) y / i G r / / / D m / 1 / Citi ASO• % lJ — m i O 0 8 N00'20'53"E 683.96' September 29, 1997 =r OCTi( 0.11997 GarJle[c[ school (District o. (e-2 Iennard (Eckhardt Superintendent �awrence g). AccBride Associate Superintendent Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 To Whom It May Concern: The Garfield Re -2 Board of Directors has reviewed the Ponderosa Subdivision preliminary plan request which is going before the planning commission on November 12. Due to the size of the project, there were no concerns or comments. Sincerely, ru/14,-,ki Lennard Eckhardt Superintendent 839 CWhiteriver Avenue, Rite, Colorado 81650-5500 (970) 625-7600 g -ax 625-7623 BOOR CLIFF SOIL CONSERVATION DISTRICT P.O. BOX 1302 GLENWOOD SPRINGS, CO 81602 October 3, 1997 Eric McCafferty Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Sir, 1 . ...-..--- IX T 46 1991 At the regular monthly meeting of the Book Cliff Soil Conservation District, the Board reviewed the application and plan for the The Ponderosa Subdivision and have the following comments and concerns about the project. Any cuts for roads or construction should be revegetated to prevent erosion. Weed free seed and mulch should be used for any reseeding of the area. Monitoring of all seeding should be done to see if the grass is establishing or if weeds are becoming a problem. Reseeding or weed control practices should be implemented if a problem is noticed. The board is always concerned about animal control in an area where there is the potential for conflict between wildlife or domestic livestock and dogs from the subdivision. Dogs running in packs of two or more can maim or kill domestic livestock and wildlife. The District recommends animal control regulations be adopted in the covenants for the subdivision and that they be enforced. Of prime concern to the Board, is the proper maintenance and protection of any irrigation ditch which is on the site. New landowners should be informed that the ditch owners have right of way easement to maintain the irrigation system, that they will be cleaning and working on the ditch, and that this work may be in their yards. The district would like to know what the impact will be on the Wetlands in this area? All Wetlands should be protected and remain in as pristine condition as possible. The Board recommends that any irrigation water rights be used by the landowners so they are maintained. In order to use these rights, a raw water delivery system could be used for landscape, fire protection, open space, etc. If at all possible, this system should be incorporated into the infa-structure of the subdivision plans as it would be more cost efficient at this time. Their concern is always for soil and water conservation and preservation and plans should consider these concerns. Drainage has the potential to be a problem in the area and engineering recommendations for control of drainage should be closely followed by the builder and/or homeowner. They felt that any disturbance of soil could adversely affect other landowners, and great care should be taken to mitigate as many of the problems as possible which arise when building on an alluvial fan deposit area. With increased concerns about Water Quality, the District is concerned about monitoring chemical application for fertilizer, weed control, and other pest management reasons. Their concern is the chemicals that will be used to fertilize grasses and control weeds in the area. They feel that the chemicals should be closely monitored in this area due to the possibility that the chemicals will soak into the soils and run off into the creeks. The District suggests drilling of wells to monitor ground water pollution, and that this expense and future expenses should be bore by the developer. Sincerely, Charles Ryden, esident Book Cliff Soil Conservation District STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 131 3 Sherman Street, Room 318 Denver, Colorado 80203 Phone '303) 366-3581 FAX .303)866-3589 3. October 27, 1997 Mr. Eric McCafferty Garfield County Building and Planning 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Ponderosa Subdivision SW1% Sec. 5, T5S, R93W, 6TH PM W. Division 5, W. District 39 ..ins Romer ..� r Governor t ;ames S. Lochhead Executive Director Hal D. Simpson State Engineer Dear Mr.. McCafferty: We have reviewed the above referenced proposal to create two single family lots on a parcel of 8.56 acres. The proposed water supply is to be provided through a shared well and two springs, one of which has been improved. The springs were decreed in consolidated case nos. 95CW11/96CW166. As noted in our previous letter of June 21, 1996, permit no. 46279-F was issued on June 20, 1996, for expansion of use of the existing well with permit no. 185364. ,Permit no. 46729-F was issued pursuant to a water allotment contract with the West Divide Water Conservancy District, and allows the well to be used for ordinary household purposes inside two single family dwellings, the irrigation of a total of 24,000 square feet of lawns and garden, and the watering of domestic animals. In contrast, the Water Supply Report prepared by Zancanella and Associates indicates that the water supply is not adequate for the proposed uses. The report states that historically the well has experienced shortages in meeting the water requirements of the existing home, and that the improved spring, Ponderosa Spring #2, is not capable of meeting the assumed irrigation demand. Based on data gathered from October of 1996 through August of 1997, the report indicates that Ponderosa Spring # 2 appears more than adequate to meet the in-house demands of the subdivision. However, there is no data to support the conclusion that the water supply will be adequate during drought periods. The decree in consolidated case no. 95CW11/96CW166 also indicates that the applicants uses are junior to the Bureau of Land Management's uses, which means that there is a possibility that the applicant may be called out, with no augmentation plan in place to allow continued diversions without injury to the senior water right. Therefore, pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is our opinion that the proposed water supply will cause material injury to decreed water rights and that the water supply is not adequate to meet requirements of the proposed subdivision. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Steve Lautenschlager Assistant State Engineer SPL/CML/ponde_sr.doc cc: Oriyn Bell, Division Engineer James Lemon, Water Commissioner, District 38 -3/ STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 713 Denver, Colorado 80203 Phone (303) 866-2611 FAX (303) 866-2461 October 30, 1997 Mr. Eric McCafferty Garfield County Department Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 wirlIrara DEPARTMENT OF .NATURAL SOURCES �i^1ie7v Romer t' I' Governor i J 1997 james S. Lochheaa 1 tfarecut>ve Director __ _ __ _.,_,ryichael B. Long •..Sliwsion Director RE: Ponderosa Subdivision Preliminary Plan Land Use Review Dear Mr. McCafferty: Vicki Cowart State Geologist .and Director At your request and in accordance to Senate Bill 35 (1972) this office has reviewed the materials submitted for this proposed subdivision and conducted a site inspection on October 28, 1997. The property is northwest of Rifle, located on the edge of the steep hills of the Grand Hogback. The Grand Hogback is a monocline where the Mesa Verde Sandstones beds are steeply inclined and form the very steep ridges and flatirons. This office has reviewed the preliminary plan for the subdivision. In that plan are the excerpts from the latest geologic map of the Horse Mountain Quadrangle and the SCS soils report. Within the plan it is stated that `Further geologic investigation is not warranted for this simple two lot subdivision.' It is not appropriate for a lawyer to be making land use judgements concerning geologic hazards. A review of the geologic map insert in the preliminary plan, in fact. shows that the site bridges two different mapped geologic units. Both landslide and alluvial fans terrains are potentially hazardous and can create problems for residential land usage. A large portion of Lot #2 lies within the landslide complex. While the location of the existing trailer home is acceptable, as is most of the southwest portion of the lot. we do not recommend acceptance of the building envelope as shown on the preliminary map plan. The entire portion of the lot #2 north of the power line easement, and the eastern margin, lie within the mapped landslide and should be excluded from approved building envelopes within the lot. Lot #1 lies entirely on an alluvial fan. Alluvial fans are created by sediments that are transported by water. The bulk of the sediment is deposited during debris flow storm events. The fan shape is the result of the channel constantly moving. They wander over the entire fan because debris flows have the ability to bridge, or plug off, established channels and create new ones. In our field inspection we verified that the drainage that divides the two lots comes from a small basin that only extends to the rock face of the flatirons. That basin is several feet lower than the elevation of the main drainage where it exits the ridgeline onto the fan. There is only about a two foot saddle of earth that prevents the lower basin from capturing the main drainage and directing this much larger flow towards the two lots. Another potential hazard that can result from alluvial fans are hydrocompactive soils. These soils have the property where they compress, or settle, when they become wetted. This type of settlement can create serious problems with shallow foundations and slab on grades. Our recommendation to the county is that they not grant approval for this land use until the landowner provides them with a professional engineering geologist's analysis, opinions, and recommendations on the hazards mentioned above. We recommend that the County resubmit this additional data to the CGS for our review. If you have any questions please contact this office at (303) 894-2167. Sincerely, z,v4 /Jonathan L. White Engineering Geologist SOPRIS ENGINEERING • LLC CIVIL CONSULTANTS Kenneth S. Rose 10286 Highway 13 Rifle, CO 81650 November 11, 1996 RE. Ponderosa Subdivision, Sopris Engineering Project No. 96014.01 Dear Mr. Rose: A percolation test was done on-site at the location of the proposed septic field. The test was performed per Garfield County standards as required to determine the soil percolation rate. A profile hole of approximately eight feet in depth was dug and six inches to one foot of topsoil was encountered. The remaining soil was uniform in type and gradation. The test was performed on July 25, 1996 and the percolation rate was determined to be one inch in 35 minutes for hole #1. one inch in 27 minutes for hole #2 and 46 minutes for hole #3. The average is 37 minutes for one inch of percolation. The percolation rate was very uniform for the three holes and falls close to the middle of the required rate for a standard septic system. A standard septic system will be adequate for the on-site soils as long as the septic system is sized for the home. If you have any questions or need additional information, please let me know Sincerely, Sopris Engineering, LLC Yancy Nichol. P.E. Project Engineer cl"'" 1101 Vtt.LAoe Roho, SUITE UL -38, • CACMONOALS, CO 81623 • 970-704-0311 • FAX: 970-704-0313 11:36 JOHN W SAVAGE _-14-97 06:33P Kenneth S. Rose 9706250803 970 625 4454 RIFLE FIRE PROTECTION DISTRICT Ken Rose 10286 highway 13 Rifle, Colorado 81650 April 16, 1996 Re; Subdivision Mr _ Rose. As per our discussion on April 12, the Rifle Fire Protection District has reviewed your proposed subdivision of the property located at 10286 Highway 13. As we had discussed, your intentions are to take the property and split it into two parcels of approximately equal size. The intentions for the new piece of property are to put one single family dwelling on the parcel. This action does not make any significant impacts on fire protection requirements of the District. The main concern, as we had discussed, is that a defensible space should be created around the structure to help and protect it in the event of a wild lend fire. Obviously, though not required, I would encourage you to work with the Fire District and your neighbors to identify potential water supplies for any fire suppression activities which may arise in the future. The Rifle Fire Protection District finds that this proposal complies with the current standards adopted by the District. Thank you for your cooperation and feel free to contact me if I can be of further assistance. Sincerely, Mike Morgan Fire Marshal Rifle Fire Protection District Telephone (970) 625-1243 • Fax (970) 625-2963 1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650 P.02 P.02