SEP -14-2001 03:02P FROM:BLDGPLANGARCO 9703843470 T0:9P9457914

I

• • •

BOCC 9/17/01

PROJECT INFORMATION AND STAFF COMMENTS

REQUEST:

APPLICANT: -

LOCATION:

SITE DATA:

WATER:

SEWER:

ACCESS:

EXJSTING/ADJACENT ZONING:

An exemption from the definition of subdivision.

Roe & Mary Gabossi and Conrad & Marshii Wagner

A tract of land situated in the NW 11.i of Section 35, T5S R90W -of the 6th P.M.; adjacent -w-·- ana - north of Highway 6 approximately one (1) mile west of Canyon Creek.

61.5 Acres

Individual Wells on each Lot (one currently exists)

ISDS

Access to all lots will be off of Highway 6 directly or through a private easement.

AJR/RD PUD R/L/SD

I. RELATIONSHIP TO THE COMPREHENSIVE PLAN

The site for the exempted lots is located in the Outlying Residential Density District (2 Ac I DU) as designated by the 2000 Garfield County Comprehensive Plan's Proposed Land Use Districts, Study Areas 2 & 3 Map.

1

SEP-14-2001 03:02P FROM:BLDGPLANGARCO 9703843470 T0:9P9457914

• • JI. DESCRJPTION OF THE PROPOSAL

A. Site Description: The site is located adjacent to and north of Highway 6 approximately one (1) mile west of Canyon Creek Subdivision. The property is varied in topographic and vegetative characteristics. The southwestern portion of the property is relatively flat and contains the existing residence, a large apple orchard, a pond and the agricultural outbuildings as well as the old South Canyon School House. The southeastern portion of the property consists of a flat area adjacent to highway 6, which slopes to the north to a mesa that has been cleared for agricultural purpQ§es.:. Th.e r~mai9der of the property consists of sloping hillsides that continue to the northern boundary. The Williams Canal traverses the northern portion of the property in an east to west direction. The proposed building sites are situated in areas that have been cleared for agricultural operations, are situated on relatively flat s~opes. - •·

B. Project Description: The property has historically been referred to as the Bowles Ranch. The parent tract of land to be subdivided consists of 61.5 acres, and the proposal calls for creating a total of four (4) parcels of20.47, 2.76, 20.84 and 17.37 acres. (See proposed plat attached) Lot 2 is currently served by an existing well and the other three lots will have to drill individual wells for domestic use. Each new Jot will utilize individual sewage disposal systems. Access will be provided for Lots 1 & 2 from Highway 6 and Lots 3 & 4 from a private 35' access, utility and drainage easement that provides access to the Senor Mesa Exemption, which is located to the East of the Bowles Ranch. This private access easements intersects County Road 138.

III. MAJOR ISSUES AND CONCERNS

A. Subdivision Regulations. Section 8.52 of the Garfield County Subdivision Regulations states 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 oft he Garfield County Clerk and Recorder's Office on January 1, 197 3, 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 naturalfeature,preventingjoint use of the proposed tracts, and the division occurs-along· the public right-of-way or natural feature; ·such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;"

The property as described in this application, has existed in its current configuration prior to January 1, of 1973 and therefore qualifies for the requested exemptions.

2

SEP-14-2001 03:02P FROM:BLDGPLANGARCO 9703843470 T0:9P9457914 • • B. Zoning: The proposal meets the criteria of a two (2) acre minimum lot size as

required by the AIR/RD zone district.

C. Legal Access: Lots 1 & 2 will access off of Highway 6. The proposed access for lots 3 &4 will be provided via a private access easement. Access off of Highway 6 will be required to have access permits, which need to be verified prior to approval of an exemption plat. An easement agreement will also need to be noted and recorded on the final plat.

D. Water: Lot 2 has an existing well for the residence on that property. The applicants are proposing the use of individual wells for each of the remainder lots. The applicants have applied for three (3) additional well permits through Division 5. (See page jo-3/ ) The District Court, Water Division 5, State.of Colorado, Case #97CW162 approved an Augmentation Plan in November of 1998. The plan for

-· ·"" ~ _ - :--· augmentation permits up to six ( 6) domestic wells·"serving ·· 30 : s.ingle-family residences on the entire property. A copy of the Augmentation Plan is attached. (See page)/-)... 7) The owners hold title to eight and eight tenths (8.8) shares in the Williams Canal Company. This water has historically been used to irrigate the property. A portion of the irrigation water rights will be allocated to the exemption lots for outside irrigation use. The applicant submitted information regarding the quality of water from the existing well, which was tested back in February 2001 for bacteria, nitrates, lead and conductivity. (See page ;cf ) Prior to the approval of an exemption plat, the applicant will obtain the new well permits and drill each new well demonstrating the following:

1) That a four ( 4) hour pump test be perf onned on the well to be used; 2) A well completion report demonstrating the depth of the well, the

characteristics of the aquifer and the static water level; 3) The results of the four ( 4) hour pump test indicating the pumping rate

in gallons per minute and inf onnation showing draw down and recharge;

4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots;

5) An assumption of an average or no less than 3.5 people per dwelling unit, using I 00 gallons of water per person, per day;

6) A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs.

7) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates.

E. Sewer: The method of sewage disposal for all four ( 4) Jots will be by means ofISDS. There is an existing ISDS on Lot2 at this time. The applicant has indicated that prior

3

SEP-14-2001 03:03P FROM:BLDGPLANGARCO 9703843470 T0:9P9457914 • • to submitting for building permits, percolation tests will be performed on Lots 2,3,

____ and 4 to detennin_etbe_mQs_t_appropriate sewage disposal system for each lot. The Soil Conservation Service soil survey mapping indicates that the subject property is located within five (5) different soils types. Two of the proposed sites are located in Begay sandy loam soils, which has slight to moderate limitations for site development and residential construction. Limitations are moderate regarding septic tank absorption fields also. Limitations can be overcome by proper engineering and construction mitigation measures. A plat note requiring an engineered ISDS and Foundation plan would be appropriate given the soils report. (See page 3 ;;i. -3?' )

F. __ 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, as suggested by the previous plat note.

G. Drainage: The parcels to be created by exemption, in its natural state, is not subject to any drainage or flooding problems, and no drainage easements occur within the area of the parcel to be created.

H. -- Fire Protection: -Tue-applicant-has-included a letter from the Glenwood Springs Rural Fire Protection District, written by Mike Piper, The District Chief, which he states that a verification should be made that this property is indeed in his district. His major concern is with the lengthy response time to this area and water supply for fire suppression and that it is very scarce. The fire district stated that it would be prudent to install water tanlcs and/or residential fire sprinkler systems to minimize obvious hazards. A plat note should be included that states the fire District would like to review and comment on any home over 3500 sq. ft. (See page .fl ) Staff recommends that approval be contingent on clarification of the fire protection requirements that the fire protection district deems appropriate.

I. Easements. Any required easements (drainage, access, utilities, etc.) will be required to be shown on the exemption plat.

J. School Impact Fees. The applicant will be required to pay the applicable impact fees for the newly created lots, .. prior._ to_the approval of the final plat. Section 9:80 of the Subdivision Regulations-describe-the way the fees are calculated.

IV. SUGGESTED FINDINGS

1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners.

2. That the meeting before the Board of County Commissioners was extensive and

4

SEP-14-2001 03:03P FROM:BLDGPLANGARCO 9703843470 T0:9P9457914 • • complete, that all pertinent facts, matters and issues were submitted and that all

_ _ intere~!ed pJITTi,es wer~ h~a(d 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

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.

2. A Final Exemption Plat shall be submitted, indicating the legal description of the __ .. _____ property, dimension and area of the proposed lot,. access to a public right-of-way, and

--- -any-proposed easements for setbacks;-drainage;irrigatio~ access or utilities.

3. That the applicant shall have 120 days to present a plat to the Commissioners for signature from the date of approval of the exemption.

4. That the applicant shall submit the applicable School Impact Fees for the creation of the exemption parcels.

5. That the following plat note--shall appear-on-the Final Exemption Plat and in the Covenants: ·

,\J- "Soil conditions on the site will require engineered septic systems and building foundations."

""' "Control of noxious weeds is the responsibility of the property owner."

9 ./.. "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundary."

0.f.,, "No open hearth solid-fuel fireplaces will be allowed anywhere within an

exemption. One (1) new solid-fuel burning stove as defined by C.R.S. 25-7-401, et. sew., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units wil1 be allowed an unrestricted number

5

SEP-14-2001 03:04P FROM:BLDGPLANGARCO 9703843470 T0:9P9457914 • • of natural gas burning stoves and appliance."

"Each subdivision shall have covenants requiring that all exterior lighting be the; minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions made be made to allow for safety lighting that goes beyond the property boundaries."

"Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities,

____ s~ights, sounds and smells of G¥fjeld~o_m_ity~s bgrj~_µJtural op~nitions as a normal and necessary aspect ofliving in a County."

6. Final approval is subject to verification that this property is in fact in the Glenwood Springs Rural Fire .Protection I)istrict and that the suggestions made by them be followed. l- ~ ·

7. Prior to the approval of an exemption plat, the applicant shall present copies of the new well permits to the Planning Department and drill each new well demonstrating

-· ---the·following: - - --- ·- ·- - - · -·- ·· ····· --· · -

8.)

1) 2)

3)

4)

That a four (4) hour pump test be performed on the well to be used; A wel1 completion report demonstrating the depth of the well, the characteristics of the aquifer .and the static water level; The results of the four (4) hour pump test indicating the pwnping rate in gallons per minute and information showing draw down and recharge; A written opinion of the person conducting the well test that this well

--should be-adequate to supply water to the number of proposed lots; An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day;

6) __,. A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs.

- ··7}·-- -The -water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates.

Prior to approval of an exemption plat, an access permit off of Highway 6 will be issued for 1 and 2 as well as an agreement for access through an easement must be finalized. .....l t- .-6.. ~

0

6