County planning commissioners have approved preliminary plats for two subdivisions on County Road 510. Hooking onto the La Plata/ Archuleta Water District (LAPLAWD) rural water system is a requirement for both.
Discussion and concerns on Dec. 8 focused on the Cartier subdivision proposed in the Southeast Planning District, the only planning area in the county that has no land use map. The other, the 7 Ranch subdivision, is in the Bayfield Planning District. That preliminary plat was approved with no discussion. Both projects will need approval by the county commissioners.
The Cartier subdivision is at 3989 CR 510, between CR 513 and 512. Paula Dunne and John Cartier want to subdivide 43 acres into three lots ranging from 3 acres to 17.15 acres, for an average lot density of around 5.4 acres. It's in the northwest corner of the Southeast Planning District, with land immediately west in the Florida Mesa Planning District, designated as ag/ rural residential allowing one dwelling unit per 35 acres; and land a short distance to the north in the corner of the Bayfield District.
The land slopes up gently on the north side of 510 with a mix of meadow and trees.
"I think we'll focus on the district plans and the context of the surrounding lots," planning staffer Daniel Murray said. "This is the first of several projects you'll see with LAPLAWD water. ... The most relevant discussion point is surrounding context and appropriate lot size," although the project meets the county's technical requirements for water, sewer, and access.
Murray showed a map of surrounding parcels and the planning districts. Parcels were colored gray with no land use designations in the southeast district. "Absent a plan, we still have compatibility, character of the area. ... There are 35 acre parcels in the area, also 6 and 3 acres. That makes it hard. I keep going back to the need for a district plan."
He wanted a condition of approval to bar re-subdivision of the 17 acre lot. It's visible from the road and is the most open of the lots, he said. Project representative Cynthia Roebuck agreed to that. "That was the initial plan," she said.
Planning commissioner Tom Gorton said the big issue is lack of a district plan. "The southeast made a decision that they didn't want a plan. That makes it more difficult for you and us to decide what's appropriate in that area. Now there are water lines being installed. It's clear this is an area where there will be water that probably wasn't contemplated 15 years ago when they decided they didn't want a district plan. You still have an obligation to make a determination."
County staff need to understand the different levels of commitment for a LAPLAWD water tap, Gorton said. "They (Cartier applicants) have a (tap) reservation now, but it has to be converted to something more solid. I'm guessing these projects will continue to come in."
Murray said it will need to be tap commitments, not just reservations that could expire after three years. Project representative Roebuck said, "We're here because there's water available. We worked very hard (on the subdivision plan) because we're setting a precedent here. We tried to present a proposal that shows good planning, lots for people to build on without impacting ag."
There's a BP gas well at the top of the 43 acres on the 17-acre lot. Roebuck said the existing gas well road will be the access for the lots. All but the 17 acre lot are on the west side of that road. The lots have designated building envelopes where houses will be buffered from the gas well, the road, and adjacent landowners, she said. All the subdivision improvements, including water main line, will be installed before the final plat is recorded, she said.
Steve Winter from Russell Planning and Engineering said he talked to LAPLAWD's engineer Brett Sherman, "and if we build to their standards, they'll take it over. An 8 inch line. There will be one hydrant by the high spot" of the 43 acres.
Roebuck said, "We didn't want to pay for eight taps up front. We've changed the language in the commitment letter (with LAPLAWD) to make it a guaranteed reservation. We'll put the water line in and run it to the hydrant. It will be dedicated to (LAPLAWD)."
She said all the King Ditch irrigation rights will stay with the 17 acre lot. None of the 43 acres is in ag use now, she said. The 17 acres will remain mainly as pasture.
The only public comment was from Neil Justesen, who owns 160 acres just to the west and is on the King Ditch board of directors. Under state law, irrigation ditches have prescriptive easements for ditch maintenance, "whatever it takes to maintain the flow of water. When you have urban people moving into a rural environment, it doesn't work. ... We maintain and spray our ditch. This property has a lot of noxious weeds. We spray it because the landowner doesn't," he asserted. "We spray when the weather is right. Under Colorado water law, we have that right. We can also bill the landowners. It's very contentious when you start putting subdivisions into ag areas. We're serious about this. We'll push it to the limit with the Cartiers. They don't abide by our requests. I have a vested interest in the water getting to my property."
Justesen said he was involved in discussions for a southeast area plan map. There isn't one because, "We got tired of Durango trying to tell us how to run our business," he said.
According to Times archives, several large landowners in the Southeast District presented maps to the county in 2004 and 2007 that planning commissioners didn't find acceptable. One planning commissioner objected in a December 2007 hearing that much of the map area was listed as "mixed use," meaning undesignated use. Others mentioned frequent use of the word "takings." The landowners who drafted the plan didn't want to designate land as ag on grounds that it automatically devalued that land.
Also on Dec. 8, with no discussion, planning commissioners approved the preliminary plat for the 7 Ranch subdivision at 7943 and 7921 CR 510, where the road makes two right angle turns. That proposal is to subdivide 17.26 acres into four lots of 1 acre, 1.25, 3.63 and 11.38 acres. According to the staff report, the average density meets the Bayfield Area Plan large lot residential criteria of one unit per 3 to 10 acres.
This project also requires that an existing house and mobile home will tap into the LALAWD line before the final plat is recorded, and there will be firm tap commitments for the other lots. An existing well can be used by one lot to irrigate up to one acre of garden and lawn, and for domestic animals and livestock.
