HomeMy WebLinkAbout1.0 ApplicationBEFORERE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 3-28-101 (10) (a) - (d) as amended. and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section
2:20.49, the undersigned Yampah Mountain Educational Foundation, Inc. *respectfully
petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 435.79 acre tract of land into two (2)
tracts of approximately 4. los and 431.682 acres each. more or less. from the
definitions of "subdivision" and "subdivided land" as the terms are used and defined in
C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision
Retaliations for the reasons stated below:
See attached Narrative Explanation
SUBMITTAL REQUIREMENTS:
An application which satisfied the review criteria must be submitted with all the following
information:
A. Sketch map at a minim= scat:: of 1"--,200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created.
access to a public right-of-way. and any proposed easements for drainage.
irritlation. access or utilities: and
B. Vicinity map at a minimum scale of 1"=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles. for which a copy of U.S.G.S. quadrangle map may be
used: and
C. Copy of the deed showing ownership by the applicant. or a letter from the
property owner( s) if other than the applicant: and
D. Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption. mineral owners and lessees of
minerals owners of record of the property to be exempted. and tenants of any
structure proposed for conversion: and
E. Evidence of the soil types and characteristics of each type: and
F Proof of legal and adequate source of domestic water for each lot created.
method of sewage disposal. and letter- of approval of fire protection plan from
appropriate fire district: and
G If connection to a community or municipal water or sewer system is proposed.
a letter from the toverning body stating a willingness to serve: and
H. Narrative explaining why exemption is being requested: and
* and Glenwood Land Company, LLC, as owner
I. It shall be tmonstrated that the parcel existed as APcribed on January 1, 1973
or the parcel as it exists presently is one of not more than three parcels created
from a larger parcel as it existed on January 1, 1973.
J. A $300.00 fee must be submitted with the application.
Yampah Mountain Educational Foundation, Inc.
By _ u
t Fitzge a �ject Representative
Coldwell Banker/Buzi & Assoc., LLC
901 Grand Avenue, Suite B
Glenwood Springs, Colorado 81601
Telephone Number 945-6000
EXEMPTION
APPLICABILITY
PetitioUw"e(
c/o Th.mas J. Hartert
Mailing Address
802 Grand Avenue, Suite 303
State
City
Glenwood Springs, Colorado 81601
Telephone Number 928-7803
The Board of County Commissioners has the discretionary_ power to exempt a division of
land from the definition of subdivision and thereby from the procedure in these Regulations.
provided the Board determines that such exemption will not impair or defeat the stated
pw-pose of the Subdivision Regulations nor be detrimental to the general public welfare. The
Board shall make exemption decisions in accordance with the requirements of these
regulations. Following a review of the individual facts of each application in light of the
requirements of these Regulations. the Board may approve. conditionally approve or deny
an exemption. An application for exemption must satisfy. at a minimum. all of the review
criteria listed below. Compliance with the review criteria, however. does not ensure
exemption. The Board also may consider additional factors listed in Section 8:60 of the
Subdivision Regulations.
.A. 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 of the Garfield
County Clerk and Recorder's Office on Januar,' 1. 1973. In order to qualify for
exemption. the parcel as it existed on January 1. 1973. must have been 35 acres or
greater in size at that time and 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 of
Federal highway. County road or railroad). preventing joint use of the proposed tracts.
and the division occurs along the public right-of-way. such parcels thereby created
may. at 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. For the purposes of definition. all tracts of land 35 acres or
greater in size. created after January 1. 1973 will count as parcels of land created by
exemption since January 1. 1973.
• •
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and any necessary
access easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal
and physical quality, quantity and dependability, and a suitable type of sewage
disposal to serve each proposed lot. Proof of a legal supply shall be an approved
substitute water supply plan contract; augmentation plan; an approved well permit:
legally adjudicated domestic water source or a contract for a permanent legal supply
of domestic water to be hauled from an outside site for a cistern. Proof of the
physical supply from a well for the public meeting, may be documentation from the
Division of Water Resources that demonstrates that there are wells within 1/4 mile
of the site producing at least five (5) gallons /minute. Prior to the signing of a plat.
all physical water supplies using a well shall demonstrate the following:
1) That a four (4) hour pump test be performed 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 information showing
drawdown and recharge:
i; A w.vrirten opinion of the person conducting the well tesi that tris
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 100 gallons of water per person. per day:
6) If the well is to shared. 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
paving 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.
For water supplies based on the use of cistern. the tank shall be a
minimum of 1000 gallons.
Method of sewage disposal. and a letter of approval of the fire protection plan from
the appropriate fire district: and
All state and local environmental health and safety requirements have been met or are
in the process of being met: and
Provision has been made for any required road or storm drainage improvements: and
H. Fire protection has been approved by the appropriate n district; and
H. Any necessary drainage, irrigation or utility easements have been obtained or are in
the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The school impact fee is $200.00 for each lot created)
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Planning Depai tment. Two (2) copies of the application. maps and
supplemental information shall be submitted.
B. The Planning Department shall review the exemption request for completeness within
eight (8) days of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notification shall occur within fifteen (150 days of
submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt
requested, to owners of record of land immediately adjoining and within 200 feet of
the proposed exemption, to mineral owners and lessees of mineral owners of record
of the land proposed for exemption. and to tenants of any structure proposed for
conversion. The exemption site shall be posted clearly and conspicuously visible
from a public right-of-way with notice signs provided by the Planning Department.
All notices shall be mailed at least fifteen (15) and not more than thirty (30) days
prior to the meeting. The applicant shall be responsible for mailing the notices and
shall present proof of mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall approve. conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedures in these
regulations.
• •
PETITION FOR EXEMPTION
NARRATIVE EXPLANATION
APPLICANT: Yampah Mountain Educational Foundation, Inc.
OWNER: Glenwood Land Company, LLC
DATE: July 16, 1997
This narrative explanation accompanies a petition for
exemption from the subdivision regulations of Garfield County, in
accordance with the County's established procedure. The
applicant and real party in interest is Yampah Mountain
Educational Foundation, Inc. ("Yampah"). The owner of the
property which is the subject of the petition is Glenwood Land
Company, LLC ("Glenwood Land"). Glenwood Land has signed the
petition as Owner, and the petition documents include a consent
of Glenwood Land.
The overall property which is the subject of the petition is
the former Wulfsohn Ranch, acquired by Glenwood Land in 1996,
consisting of approximately 435.79 acres. The exemption parcel
is located in the far southeast corner of the property, and
contains approximately 4.108 acres. The overall property and the
exemption parcel are shown on the Yampah Mountain High School
Exemption Plat submitted with the petition.
According to public records, the property has never
previously been the subject of a subdivision exemption. See
letter from Land Title Guarantee Company included as a part of
the petition documents.
The purpose of the exemption is to create a parcel for a new
Yampah Mountain High School facility. The project was described
in a letter from Beattie & Chadwick, attorneys for Yampah, to
County Attorney Don DeFord dated May 16, 1997 (the "May 16
Letter"), a copy of which without enclosures accompanies and is
made a part of this narrative explanation. The project is
necessary to meet a demonstrated and essential public and
educational need. As reflected in the May 16 letter, Yampah's
members include four school districts and the Mountain Board of
Cooperative Educational Services ("Mountain BOCES").
Yampah believes that the petition documents include all
matters required by Garfield County for subdivision exemption.
In fact, the geologic study performed by CTL/Thompson, Inc.,
dated March 10, 1997, exceeds information customarily presented,
because the property was previously being considered for both a
school and a church use. Now, the sole use envisioned is the
school, to be placed on the optimum geological portion of the
property.
• •
As reflected by the petition documents, the City of Glenwood
Springs has agreed to provide water and sewer service to this
project.
The exemption parcel is adjacent to and has access to public
streets. Although not required as such by County procedures, a
professional traffic study has been commissioned relative to
school ingress and egress. This study is expected to be
available within the next several days, and will be submitted as
a supplement to the petition.
For the reasons stated in the May 16 Letter, Yampah
believed, and continues to believe, that the exemption parcel
could have been, or could be, created by deed in lieu of eminent
domain. Yampah continues to believe that the County's acceptance
of this approach, as reflected by Marian Smith's letter dated May
20, 1997 (copy attached), was appropriate. However, at the
request of the County Attorney, and in a continuing willingness
to have the project subject to review and responsible public
comment, Yampah has proceeded with the petition.
As discussed with the County Attorney on prior occasions,
logic suggests that this parcel be annexed to the City of
Glenwood Springs. The City will be providing the water and sewer
services, and the property is adjacent to City boundaries.
Consistent with this direction, parallel annexation and review
proceedings are in process with the City of Glenwood Springs.
This subdivision exemption makes "physical sense." The
exemption parcel is geographically divided from the remainder of
Wulfsohn Ranch by a ridge of Red Mountain.
2
• •
BEATTIE & CHADWICK
ATTORNEYS AND COUNSELORS AT LAW
710 COOPER AVENUE, SUITE 200
GLENWOOD SPRINGS, CO 81601
STEVEN M. BEATTIE TELEPHONE (970) 945-8659
GLENN D. CHADWICK FAX (970) 945-8671
KAREN J. SLOAT
May 16, 1997
Don DeFord
Garfield County Attorney
109 Eighth Street, Suite 300
Glenwood Springs, Colorado 81601
Re: Yampah Mountain Educational Foundation, Inc.
New School Property
Dear Don:
This firm represents Yampah Mountain Educational Foundation,
Inc. ("Yampah"). Confirming and following up our prior
conversations, Yampah has entered into a contract with Glenwood
Land Company, LLC ("Glenwood Land") for purchase of a parcel of
land containing approximately 4.108 acres (the "Property"),
located at the intersection of Red Mountain Drive and Midland
Avenue, adjacent to the City of Glenwood Springs, for
construction of a new school facility. The Property is
physically separated from the remainder of Glenwood Land's
property to the west by a ridge of Red Mountain. Enclosed for
reference are two maps prepared by High Country Engineering,
Inc., the first showing the Property and entitled "Map of
Territory to be Annexed to the City of Glenwood Springs," and the
second entitled "Site Plan," showing the proposed high school
facility.
By way of background, Yampah is a Colorado non-profit
corporation comprised of four member school districts which are
Roaring Fork School District RE -1, Aspen School District,
Garfield RE -2 and Garfield 16 School District, as well as the
Mountain Board of Cooperative Educational Services ("Mountain
BOCES").
According to Yampah's articles of incorporation, "This
Corporation is organized and shall be operated exclusively for
educational purposes," and "exclusively as a foundation to
receive, hold, invest and administer property and to make
expenditures to or for the benefit of furthering public school
educational options for children in Eagle, Garfield and Pitkin
Counties, Colorado, including securing long range financing for
obtaining facilities for the Yampah Mountain Alternative and Day
Treatment Programs under the auspices of the Mountain Board of
Cooperative Educational Services..." A complete copy of Yampah's
articles of incorporation is enclosed for reference.
• •
Don DeFord
Garfield County Attorney
May 16, 1997
Page 2
The new school facility will require City services. Yampah
is in the process of preparing an annexation petition to the City
of Glenwood Springs. Yampah is also in the process of submitting
materials to the City for advisory development review by its
Planning and Zoning Commission and the City Council.
In accordance with our prior discussions, the purpose of
this letter is to request that you bring this matter before the
County Commissioners with a request for a motion approving the
division of land as outlined herein. For the reasons stated
below, we believe that the proposed division is exempt from
subdivision regulations pursuant to C.R.S. §30-28-101(10)(c)(II).
If approved by your office and the Commissioners, Yampah would
request that you send me a certified copy of minutes reflecting
the County Commissioners' action on this matter.
The bases for this approval are as follows:
1. C.R.S. §30-28-101(10)(c)(II) provides that the terms
"subdivision" and "subdivided land" shall not apply to any
division of land "which could be created by any court in this
state pursuant to the law of eminent domain..."
2. Colorado law expressly permits school districts to
enter into cooperative service agreements for buildings and
facilities. See, for example, C.R.S. §22-5-111. By creation of
Yampah and authorizations to pursue the present project, the
subject school districts and Mountain BOCES have done so. This
approach saves taxpayers money on land and construction expenses,
coordinates educational missions, and avoids multiplicity of
facilities.
3. The Property is clearly one which, in the language of
the subdivision statute, "could be created by... the law of
eminent domain." C.R.S. §22-32-111 provides, "A school district
has the power to take by eminent domain so much real property as
the board of education of the district may deem necessary for any
school purpose authorized by law..." The Property is within the
territorial limits of the RE -1 School District.
As soon as approval of the County Commissioners has been
received, and upon completion of proceedings before the City of
Glenwood Springs and other contract requirements, Yampah intends
to purchase the Property from Glenwood Land. At that time,
Yampah will obtain and record a deed which will include language
reciting that the conveyance is being made in recognition that
the parcel could have been created by eminent domain and reciting
the exemption pursuant to C.R.S. 30-28-101(10)(c)(II).
If any further information is required, please let me know.
Yampah and its member school districts are anxious to proceed as
• •
Don DeFord
Garfield County Attorney
May 16, 1997
Page 3
quickly as possible in order to facilitate construction of this
important facility. If the presence of a school representative
would be helpful when the Commissioners consider this matter,
please advise.
Very rA uly your
e en M. Beattie
SMB:kas
Enclosures
cc: Steven M. Jones, Yampah Mountain Educational Foundation
Tom Heald, Yampah Mountain High School
Patrick M. Fitzgerald
Thomas J. Hartert
Marian Smith
Glenwood Springs, CO
John Martin
Glenwood Springs, CO
Larry McCown
Ride, CO
Garfield County
Board of County Commissioners
May 20, 1997
Steven M. Beattie, Esquire
Beattie & Chadwick
710 Cooper Avenue, Suite 200
Glenwood Springs, CO 81601
Dear Mr. Beattie:
At our meeting on Monday, May 19, 1997, the Board of County
Commissioners considered your proposed action, acquiring property
in the unincorporated area of Garfield County for use in the
construction of a new Yampah Mountain High School. By motion,
our Board determined that it had no objection to that transfer in
lieu of condemnation, as indicated in your letter of May 16,
1997. Additionally, our County Attorney advised the Board that
the safest approach for your project would include a review of
the proposed acquisition of property by our Planning Commission.
If you have further questions, please contact the Garfield County
Planning Department or County Attorney.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By �ii Gin:ey
Marian I. Smith, Chairperson
MCC: DIM :vim
RECEIVED MAY 2 1 1997
109 8th Street, Suite 300 • Glenwood Springs, Colorado 81601-3363 • Telephone (970) 945-5004
July 15, 1997
Baker Falin Associates
P.O. Box 2902
Glenwood Springs, CO 81602
Attention: Mr. John R. Baker, AIA
President
Subject: Additional Comments
Potential Geologic Hazards
Proposed Yampah Mountain High School Site
Wulfsohn Ranch
Garfield County, Colorado
Job No. GS -2078
We understand that some concerns regarding the geologic hazard potential
of the planned Yampah High School site have been voiced. This letter presents
excerpts from our Geologic and Preliminary Geotechnical Investigation of the site
that addressed geologic hazard potential and mitigation techniques and summarizes
our opinions regarding construction of the planned building and site geologic
hazards.
Our geologic study identified potential geologic hazards that need to be
considered during the planning and development phases of this project. None of
the potential geologic hazards identified will prevent the development of the
property, however, potential geologic hazards must be planned for and mitigated
during site development.
The site is located on a remnant from an ancient debris fan which is
comparatively large and overlained by two smaller more recent debris fans. We do
not consider the remnant debris fan to be active. We consider the smaller, more
recent debris fans to be active, however, the source areas above the fans are
comparatively small and well vegetated so that the amount of debris available is
comparatively low. Debris or mud flows that can be expected to occur would likely
be small. At this site we qualitatively judge the potential debris flow hazard to be
low. We did not observe any evidence that a rockfall exists at this site.
We did not observe any evidence of landslide activity on the site during our
field reconnaissance or on aerial photographs of the site. Natural slopes occurring
at the subject site appear to be stable. Although the site is underlain be the Eagle
Valley Evaporite which does not impart a favorable geometry for slope stability, we
believe stability concerns will be limited to man made excavations.
CTL/THOMPSON, INC.
CONSULTING ENGINEERS
34 (..1 N11 I11)HR I • (;f 1 NW(1O1) !-;11 (a.11 ()HAD( 81(l(ll ■ 19,'W 0.1`, 7809
The planned Yampah High School Building at this site can be protected from
debris flows by constructing a drainage swale above the buildings to channelize
debris flows around and away from structures. We suggest a swale approximately
4 feet deep be built above the buildings as part of surface grading to channelize
surface drainage around and away from the building during construction. We should
check the site, improvements during constructed to observe the effects of
development on the site. We may need to modify our suggested swale
recommendations and will assist in determining the most appropriate alignment.
It the site is designed and developed according to the recommendations we
have presented and the contractor builds the site improvements as indicated on
plans developed with our recommendations in mind, we do not believe that the site,
building, drives or parking areas would be adversely effected by geologic hazards.
We will work with the design team members and the contractor to check that our
recommendations are being adhered to.
We appreciate the opportunity to work with you on this project. If you have
questions, please call.
Very truly yours,
CTL/T
INC.
h echling
ranch Man
JM:cd
(5 copies sent)
BAKER FALIN ASSOCIATES
JOB NO. GS -2078
2
•
July 9, 1997
Steven M. Beattie
Beattie & Chadwick
710 Cooper Avenue, Suite 200
Glenwood Springs, CO 81601
Re: Water and wastewater service to the proposed Yampa Mountain High School
Dear Steve:
City staff has reviewed the request to provide water and wastewater service to the new Yampa Mountain
High School to be located at the northwesterly corner of Midland Avenue and Red Mountain Drive.
The water main located in Red Mountain Drive adjacent to this parcel is 8" Ductile Iron Pipe. The City
currently has adequate water supply and pressure to serve this property and is willing to provide
domestic water service to the proposed school.
The wastewater collection system serving the northerly portion of the Roaring Fork Subdivision
currently has the capacity to accept flows from the proposed school, and the wastewater treatment plant
currently has treatment capacity to accept this flow. The City is willing and able to provide wastewater
service to the proposed school. Details of any necessary extensions, and the point of connection will
need to be evaluated.
Water system improvement fees and wastewater system improvement fees will be calculated based on
the final design of the facility.
As you are already aware, the request for water service outside the corporate limits requires a pre-
annexation agreement. As this property is now contiguous to the corporate limits, the annexation process
now stated should proceed to completion.
If you have any questions or require additional information, please feel free to contact me.
Sincerely,
Michael Copp
City Manager
XC: Robin Millyard
a
Public Works Director ,JUL 1 1 i r
800 COOPER AVENUE, GI,ENWOOI) SPRINGS, COI,ORAI)O 81601 970/945-2575 FAX: 945-2597
or •
LAND TITLE
GUARANTEE
COMPANY
Representing Land Tide Insurance
Corporation & Old Republic National
TlIle Insurance Company
July 16, 1997
Mr. Patrick M. Fitzgerald
Broker/Owner
Coldwell Banker Buzick & Associates, LLC
901 Grand Avenue
Glenwood Springs, CO
Dear Mr. Fitzgerald,
Pursuant to your request, we have searched the real property records of
Garfield County, Colorado and found no recorded instruments evidencing any
subdivision by exemption on the property now owned by the Glenwood Land
Company, which property is commonly known as the Wulfsohn Ranch.
Should you require anything further, please do not hesitate to call.
Very truly yours,
David Harris
Vice President
Land Title Guarantee Company
817 Colorado Avenue Suite 102 P.O. Box 2102 Glenwood Springs,CO 81802 (303) 945-2610 FAX (303) 945-4784
•
YAMPAH MOUNTAIN EDUCATIONAL FOUNDATION, INC./
GLENWOOD LAND COMPANY, LLC
GARFIELD COUNTY - PETITION FOR EXEMPTION
Property Owner List
Name
Mark Gibson
Jack Frazier
Dorothy Simillion
Richard and Karen Simonson
Joseph Kaplan
Lon Hadland
Cleyo and Rosie Ferrin
Ronald Smith
Tamara Duplice
Delmon and Jennifer French
Lloyd Kimball
John and Tanya Doose
Michael and Jeanine King
Greenbroke, Inc.
Joseph Velasco
Robbie and Lisa Adams
Eugene Trauger
Karcher Enterprises, LLC
Warren and Tamara Hays
Barbara Wilmoth
c/o Barbara Sommers
Thomas and Lois Hurla
Mark and Susan Maison
Connie Kearney -Wheeler
Address
P.O. Box 1814, Glenwood Springs
720 Overlin Drive, Glenwood Springs
633 Overlin Drive, Glenwood Springs
8414 Ridgebrook Circle, Odessa, Florida
47 North Meadowview Court,
Glenwood Springs
625 Overland Drive, Glenwood Springs
P.O. Box 59, New Castle
404 Bolero Way, Newport Beach, Calif.
P.O. Box 516, New Castle
704 Midland Avenue, Glenwood Springs
P.O. Box 2781, Glenwood Springs
630 Davis Drive, #3, Glenwood Springs
630 David Drive, #1, Glenwood Springs
1328 Grand Avenue, Glenwood Springs
P.O. Box 1765, Glenwood Springs
716 Red Mountain Drive, Glenwood Springs
712 Red Mountain Drive, Glenwood Springs
P.O. Box 921, Glenwood Springs
626 David Drive, #3, Glenwood Springs
P.O. Box 393, Glenwood Springs
708 Overlin Drive, Glenwood Springs
712 Overlin Drive, Glenwood Springs
P.O. Box 969, Fort Collins, Co.
Property Owner List (continued)
Richard Brown
Randy Sawyer
Charles Racine
Leonard and Charlene Chandler
Pamela, Julie, Robbie Cotton
James Richmond
P. Gruska, Attn. A.C.
Arnold and Donna Fix
James Brown
Helen Delaplane
Brigitte and J.P. Chattelard
c/o Pat Fitzgerald,
their agent
606 Overlin Drive, #3, Glenwood Springs
803 Red Mountain Drive, Glenwood Springs
P.O. Box E2, Snowmass Village, Co.
272A 28 Road, Grand Junction, Co.
716 Overlin Drive, Glenwood Springs
703 Overlin Drive, Glenwood Springs
141 West 6th Street, Glenwood Springs
714 Red Mountain Drive, Glenwood Springs
P.O. Box 457, Glenwood Springs
634 Davis Drive, #1, Glenwood Springs
Coldwell Banker, Buzick & Associates, LLC
901 Grand Avenue, Glenwood Springs
City of Glenwood Springs P.O. Drawer 458, Glenwood Springs
07-16-1997 03:19PM
GLC/SDG
1 970 925 9076 P.01
•
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ARTICLES OF INCORPORATION
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YAMPAH MOUNTAIN EDUCATIONAL FOUNDATION, INC.
(A Colorado Not -For -Profit Corporation)
The undersigned, acting as incorporator of a Corporation under the Colorado Nonprofit
Corporation Act, as amended, adopts the following Articles of Incorporation for such Corporation.
INC.
ARTICLE I.
NAME
The name of the Corporation is YAMPAH MOUNTAIN EDUCATIONAL FOUNDATION,
ARTICLE II.
PERIOD OF DURATION
The Corporation shall have perpetual existence.
ARTICLE III.
PURPOSES
A. This Corporation is organized and shall be operated exclusively for educational
purposes including, for such purposes, the making of distributions to organizations that qualify as
exempt organizations under the Internal Revenue Code (hereinafter "Code"). The Corporation shall
have no shareholders. It shall be operated exclusively as a foundation to receive, hold, invest and
administer property and to make expenditures to or for the benefit of furthering public school
educational options for children in Eagle, Garfield and Pitkin Counties, Colorado, including securing
long range financing for obtaining facilities for the Yampah Mountain Alternative and Day Treatment
Programs under the auspices of the Mountain Board of Cooperative Educational Services organized
and operating under the provisions of Colorado Revised Statutes. Solicitation of assets shall be
administered so as to gain the broadest possible public support for the Corporation. All the assets
and earnings shall be used exclusively for the purposes herein set out, including the payment of
reasonable compensation for services rendered and the making of expense payments and distributions
Articles of Incorporation
Yampah Mountain Educational Foundation, Inc. Page 1 of 8
in furtherance of the purposes thereto; and no part of the net earnings shall inure to the benefit of, or
be distributable to any directors, officers or private persons; and no part of its activities shall be for
the carrying on of propaganda or otherwise attempting to influence legislation or participating or
intervening in (including the publishing or distribution of statements) any political campaign on behalf
of any candidate for public office.
B. Notwithstanding any other provisions of these Articles, the Corporation shall not carry
on any activities not permitted to be carried on (1) by a corporation exempt from federal income tax
under the Code or (b) by a corporation, contributions to which are deductible under the Code.
C. Notwithstanding the objects and purposes set forth in this Article, the Corporation
shall not take any action, perform any function or operate in any manner that would be in conflict with
or in any way violate the laws, rules, regulations and policies governing the operation of the Mountain
Board of Cooperative Educational Services.
D. It is clearly understood that the Corporation through its Board of Directors and
various committees shall make no budgetary or policy decisions regarding the operation of the
Mountain Board of Cooperative Educational Services, but shall make decisions limited to the
solicitation, administration, investment and provisions of funds for the furtherance of the educational
goals and objectives of the Corporation.
ARTICLE N.
REGISTERED OFFICE AND AGENT
The address of the initial registered office of the Corporation in Colorado is:
1713 Mt. Lincoln Drive West
Leadville, Colorado 80461.
The name of the initial registered agent at such address is Steven M. Jones.
ARTICLE V.
BOARD OF DIRECTORS
A. The business of the Corporation shall be managed and conducted by a Board of
Directors. The initial Board of Directors shall consist of nine (9) directors. The membership of the
Board of Directors shall consist of no less than nine (9) members and no more than fifteen (15)
members. A change in the number of directors from not less than nine (9) and not more than fifteen
(15) can only be made by amendment to the Articles of Incorporation. Nine (9) members of the
Board shall at all times be members of the Mountain Board of Cooperative Educational Services.
Articles of Incorporation
Yampah Mountain Educational Foundation, Inc. Page 2 of 8
B. The membership of the Board of Directors shall be elected at the annual meeting of
the Board of Directors.
C. The appointment of a director to fill a vacancy shall be accomplished by an election
by the Board of Directors of the Corporation at the next Board meeting following the occurrence of
the vacancy and confirmation by the governing board of the Mountain Board of Cooperative
Educational Services.
D. Whenever any member of the Board who serves by virtue of his or her status, as a
member of the Mountain Board of Cooperative Educational Services, his or her membership on the
Board of Directors will terminate upon the termination of such status; provided, however, the Board
of Directors may retain such member as an at -large member upon the affirmative vote of two-thirds
(2/3rds) of the existing Board of Directors.
E. The names and addresses of the persons who are to serve as the initial directors until
a successor is elected at the first annual meeting of the Board of Directs as provided for by the
Bylaws of the Corporation are:
Tom Farrell, Superintendent
Aspen School District
235 High School Road
Aspen, CO 81611
Alice Davis
215 South Monarch, Suite 104
Aspen, CO 81611
John Pennington, Superintendent
Garfield 16 School District
P.O. Box 68
Parachute, CO 81635
Curt Granlund
P.O. Box 6192
Battlement Mesa, CO 81636
Lennard Eckhardt, Superintendent
Garfield RE -2 School District
839 Whiteriver Avenue
Rifle, CO 81650
Articles of Incorporation
Yampah Mountain Educational Foundation, Inc.
Kim Goossens
681 Mesa Avenue
Rifle, CO 81650
James Bader, Superintendent
Roaring Fork School District RE -1
P.O. Box 820
Glenwood Springs, CO 81601
Duane Stewart
181 Original Road
Basalt, CO 81621
Steven M. Jones, Executive Director
Mountain BOCES
P.O. Box 218
Glenwood Springs, CO 81601.
Page 3 of 8
ARTICLE VI.
EXEMPTION OF BOARD MEMBERS FROM LIABILITY
This Corporation shall have no capital stock. The private property of the incorporator and
members of the Board of Directors shall not be liable for the debts of the Corporation.
ARTICLE VII.
OFFICERS
The officers of the Corporation shall be a Chairman and Vice Chairman of the Board of
Directors, a President, Vice President, Secretary, Treasurer and such other officers as the Board may
approve.
ARTICLE VIII.
POWERS
The Corporation is organized and shall be operated exclusively for educational purposes
designed to further public school educational options for children in Eagle, Garfield and Pitkin
Counties, Colorado, including securing long range financing for obtaining facilities for the Yampah
Mountain Alternative and Day Treatment Programs under the auspices of the Mountain Board of
Cooperative Educational Services organized and operating under the provisions of Colorado Revised
Statutes. To effectuate these purposes, the Corporation, although not limited to the following
activities, shall have the power:
A. To acquire or receive by gift, bequest, devise, endowment or purchase property, real,
personal or mixed; to own, hold, improve, use, manage, sell, convey, lease, exchange and dispose of
such property; to encumber such property when deemed necessary; to use the proceeds thereof for
the uses and purposes of the Corporation.
B. To lease as lessee the property of others; to build, erect, construct and equip buildings
and other improvements upon the lands of the Corporation or the lands of others; to purchase or lease
equipment.
C. To invest and reinvest in, acquire, hold, mortgage, pledge, hypothecate, resell,
exchange, transfer or otherwise dispose of securities of any nature and exercise all the rights, powers
and privileges of ownership thereof, including the right to vote thereon for any and all purposes.
Articles of Incorporation
Yampah Mountain Educational Foundation, Inc. Page 4 oJ 8
D. To act as trustee of trusts or otherwise act in a fiduciary capacity when so designated
in any inter vivos or testamentary gift and to become the beneficiary of insurance policies and
annuities.
E. To support chairs of learning, instructorships, fellowships, grants in aid, scholarships
and to endow the same and others and to make donations for educational purposes.
F. To borrow money by issuing its notes, bonds and other obligations and to secure the
same; to lend money for its corporate purposes and to invest and reinvest its funds with or without
security therefor and on such terms as the Board of Directors may determine.
G. To enter into, make and perform contracts of every land for any lawful purpose,
without limit as to amount, with any person, firm, association, corporation, town, city, county,
district, state, territory or government.
H. To hire or appoint employees or agents of the Corporation, define their duties, fix their
compensation and terminate them, with or without cause.
I. To indemnify any current or former directors, officers or employees against any and
all expense, including attorneys' fees and liability expenses sustained by them, or any of them, in
connection with the defense of any suit, action or proceeding which may be brought against said
members of the Board of Directors, officers and employees, involving or pertaining to any of their
official acts or duties (whether it be alleged that same are ultra vires or otherwise) except in relation
to matters as to which such individual is adjudged in such suit, action or proceeding to be liable for
negligence or misconduct in the performance of duty to the Corporation and this provision shall not
be deemed to prevent compromise of any such litigation where the compromise is deemed advisable
in order to prevent greater expense or cost in the defense of any such litigation. Members of the
board and officers appointed by them pursuant to the terms hereof shall not be personally liable for
nonfeasance or misfeasance in the performance of their duties or acts hereunder, but they shall be
liable only in the case of malfeasance as determined by the standards of a reasonable and prudent
corporate director.
J. To exercise any and all powers which may be conferred by law, including those
specific powers enumerated in the Colorado Nonprofit Corporation Act which may be necessary,
incidental or convenient to the objects and purposes above mentioned.
K. Notwithstanding the above and foregoing grant of corporate powers, the following
are restrictions upon corporate activities:
1. The Corporation shall distribute its income for each taxable year at such time
and in such manner as not to subject it to tax under the Code;
Articles of Incorporation
Yampah Mountain Educational Foundation, Inc. Page 5 of 8
Code;
Code;
The Corporation shall not engage in any act of self-dealing as defined in the
The Corporation shall not retain any excess business holdings as defined in the
4. The Corporation shall not make any investments in such manner as to subject
the Corporation to tax under the Code; and
Code.
5. The Corporation shall not make any taxable expenditures as defined in the
ARTICLE IX.
BYLAWS
The Board of Directors shall have the power to make, amend and repeal Bylaws and
regulations for the governance of the Corporation for the orderly conducting of the affairs and
management of its property, and fixing the time and place for special meetings of the committees that
may be created by them. Such amendment and repeal shall be at a regular meeting of the Board or
a special meeting of the Board called for that purpose.
ARTICLE X.
TRANSACTION OF BUSINESS
The Board of Directors of the Corporation shall meet and transact the business of the
Corporation either at the principal place of business herein designated or at such other place as may
be designated by resolution of the Board of Directors.
ARTICLE XL
DISPOSITION OF ASSETS ON DISSOLUTION
A. No officer or director of the Corporation, as such, shall at any time receive or become
entitled to receive any pecuniary profit from the Corporation; provided, however, that compensation
may be paid for any services rendered to the Corporation by any officer, director, agent, or employee
or any other person or corporation pursuant to authorization by the Board of Directors.
B. The Board of Directors may, by a two-thirds (2/3rds) majority vote, dissolve the
Corporation through the adoption of a resolution to dissolve.
Articles of Incorporation
Yampoh Mountain Educational Foundation, Inc. Page 6 of 8
C. No distributions of property of the Corporation shall be made upon its final dissolution
until all debts are fully paid. Any distribution shall be made only by a vote of a majority of the
members of the Board of Directors.
D. Upon dissolution, the Board of Directors of the Corporation shall, after paying or
making provision for the payment of all of the liabilities, dispose of all of the remaining assets
exclusively for the purposes of the Corporation or the Mountain Board of Cooperative Educational
Services, either as a general endowment or for such restricted educational, scientific, charitable or
other exempt purpose or purposes as outlined in the Code, as the Board of Directors of the
Corporation shall direct in writing so long as the purpose or purposes would qualify as exempt under
the Code as the Board of Directors shall determine; provided that if at the time of dissolution of the
Corporation, the Board of Directors of the Corporation shall determine that the Mountain Board of
Cooperative Educational Services is unable or unwilling to accept such transfer or effectively to carry
out the purposes to be accomplished thereby, then said Board may transfer said remaining assets or
any part thereof to such other institution or institutions as it may select, for charitable, educational
or scientific uses, subject only to the requirement that such uses shall be for purposes which are
exempt under the Code. Any such assets not so disposed of shall be disposed of by the Garfield
County District Court, exclusively for the purposes or to such organization or organizations as the
Court shall determine which are organized and operated exclusively for such purposes.
ARTICLE XII.
AMENDMENTS
These Articles of Incorporation may be amended at any time and in any respect, as permitted
by law, except as herein expressly restricted or forbidden, if so authorized by the vote of at least a
majority of the directors of the Corporation at any meeting called for the purposes of considering
such proposed amendment or amendments, upon notice given to the directors as provided in the
Bylaws.
ARTICLE XIII.
INCORPORATOR
The name and address of the incorporator is:
Steven M. Jones
Mountain Board of Cooperative Education Services
1713 Mt. Lincoln Drive West
Leadville, CO 80461.
Articles of Incorporation
Yampah Mountain Educational Foundation, Inc.
Page 7of8
DATED the L d day of April, 1995.
jk.4
STEVEN i'i NES
Incorporator
Steven M. Jones hereby consents to the appointment as the initial registered agent for Yampah
Mountain Educational Foundation, Inc.
Articles of Incorporation
Yampah Mountain Educational Foundation, Inc.
STEVEN ;��JONES
Initial Registered Agent
Page 8 of 8
)lease include a typed
self-addressed envelope
MUST BE TYPED
:ILING FEE: $25.00
MUST SUBMIT TWO COPIES
Mail to: Secretary of State
Corporations Section
1560 Broadway, Suite 200
Denver, CO 80202
(303) 894-2251
Fax (303) 894-2242
For office use only
19971098803
5.00
r
015
to r-1
OL-�u
ARTICLES OF AMENDMENT TO THE
ARTICLES OF INCORPORATION
FOR A COLORADO NONPROFIT CORPORATION
pursuant to the provisions of the Colorado Nonprofit Corporation Act, the undersigned corporation adopts
he following Articles of Amendment to its Articles of Incorporation:
:IRST: The name of the corporation is Yampah Mout ain Educational Foundation, Inc. /I( cl 5
(If this is a change of name amendment, the name to be typed is the corporate name
before this amendment is filed.)
SECOND: The following amendment to the Articles of Incorporation was adopted on the
15 day of May , 19 97 , in the manner
prescribed by the Colorado Nonprofit Corporation Act, according to the procedure marked
with an X below:
a quorum of members was present at such meeting, and the amendment received at
least two-thirds of the votes which members present or represented by proxy were
entitled to cast.
such amendment was adopted by a consent in writing signed by all members entitled
to vote with respect thereto.
X there are no members, or no members entitled to vote thereon, such amendment
received the vote of a majority of the directors in office.
Dated: 4/0(9 7
Dated: &A),/Q 7--
11:1CLS\YAYtNhSFt-AXT. AND
and
Signature
President
Urn/
�1 Secretary
• 1
EXHIBIT "A"
ARTICLES OF AMENDMENT
TO THE
ARTICLES OF INCORPORATION
Pursuant to the provisions of the Colorado Nonprofit Corporation Act, the YAMPAH
MOUNTAIN EDUCATIONAL FOUNDATION, INC. adopts the following Articles of
Amendment to its Articles of Incorporation:
FIRST: Article III, Section A of the Articles of Amendment is amended to read
as follows:
A. This Corporation is organized and shall be operated exclusively for educational
and charitable purposes including, for such purposes, the making of distributions to organizations
that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code
(hereinafter "Code"). The Corporation shall have no shareholders. It shall be operated
exclusively as a foundation to receive, hold, invest and administer property and funds and to
make expenditures to or for the benefit of furthering public school educational options for
children in Eagle, Garfield and Pitkin Counties, Colorado, including securing long range
financing for obtaining facilities for the Yampah Mountain Alternative and Day Treatment
Programs under the auspices of the Mountain Board of Cooperative Educational Services
organized and operating under the provisions of Colorado Revised Statutes. Solicitation of assets
shall be administered so as to gain the broadest possible public support for the Corporation. All
the assets and earnings shall be used exclusively for the purposes herein set out, including the
payment of reasonable compensation for services rendered and the making of expense payments
and distributions in furtherance of the purposes thereto; and no part of the net earnings shall
inure to the benefit of, or be distributable to any directors, officers or private persons; and no
part of its activities shall be for the carrying on of propaganda or otherwise attempting to
influence legislation or participating or intervening in (including the publishing or distribution
of statements) any political campaign on behalf of any candidate for public office.
SECOND: Article III, Section B of the Articles of Amendment is amended to read
as follows:
B. Notwithstanding any other provisions of these Articles, the Corporation shall not
carry on any activities not permitted to be carried on (1) by a corporation exempt from federal
income tax under section 501(c)(3) of the Internal Revenue Code or (b) by a corporation,
contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code.
THIRD: Article XI, Section D of the Articles of Amendment is amended to read
as follows:
D. Upon dissolution, the Board of Directors of the Corporation shall, after paying
or making provision for the payment of all of the liabilities, dispose of all of the remaining
assets exclusively for the purposes of the Corporation or the Mountain Board of Cooperative
Educational Services, either as a general endowment or for such restricted educational, scientific,
N:\ON1Y A WAMAR77Q6. M10
charitable or other exempt purposes specified in section 501(c)(3) of the Code, as the Board of
Directors of the Corporation shall direct in writing so long as the purpose or purposes would
qualify as exempt under the Code as the Board of directors shall determine; provided that if at
the time of dissolution of the Corporation, the Board of Directors of the Corporation shall
determine that the Mountain Board of Cooperative Educational Services is unable or unwilling
to accept such transfer or effectively to carry out the purposes to be accomplished thereby, then
said Board may transfer said remaining assets or any part thereof to such other institution or
institutions as it may select, for charitable, educational or scientific uses, subject only to the
requirement that such uses shall be for purposes which are exempt under Section 501(c)(3) of
the Code. Any such assets not so disposed of shall be disposed of by the Garfield County
District Court, exclusively for the purposes or to such organization or organizations as the Court
shall determine which are organized and operated exclusively for such purposes.
By:
Yampah Mountain Educational Foundation,
Inc.
President
By: On,*
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
Subscribed and sworn to before me this a 3 day ofo„ , 1997 by
Lennard Eckhardt , as President, and by Kimberly M. Goossens) , akecretary of the
Yampah Mountain Educational Foundation, Inc.
WITNESS my hand and official seal.
My commission expires: 2-19-99
p,AA, Q.
No �ry F u lic
GEOLOGIC AND
PRELIMINARY GEOTECHNICAL INVESTIGATION
PROPOSED YAMPAH MOUNTAIN HIGH SCHOOL AND
CHURCH
WULFSOHN RANCH
GARFIELD COUNTY, COLORADO
Prepared For:
Baker Failin Associates
P.O. Box 2902
Glenwood Springs, CO 81602
Attention: Mr. John R. Baker, AIA
President
Job No. GS -2078
March 10, 1997
CTL/THOMPSON, INC.
CONSULTING ENGINEERS
234 CENTER DRIVE ■ GLENWOOD SPRINGS, COLORADO 81601 ■ (970) 945-2809
TABLE OF CONTENT
SCOPE
SUMMARY OF CONCLUSIONS
SITE DESCRIPTION
GEOLOGIC CONDITIONS
1
1
2
2
POTENTIAL GEOLOGIC HAZARDS 3
Potential Surface Drainage Hazards 3
Potentially Unstable Slopes 4
PROPOSED CONSTRUCTION 4
SUBSURFACE CONDITIONS 4
BUILDING CONSIDERATIONS 5
Site Excavation and Fill Placement 5
Building Foundations 8
Floor Slabs and Exterior Concrete Flatwork 9
Below Grade Construction 9
Surface Drainage 10
LIMITATIONS 11
FIGURE 1 - LOCATIONS OF EXPLORATORY BORINGS
FIGURE 2 - SUMMARY OF EXPLORATORY BORINGS
FIGURE 3 - INTERPRETED GEOLOGIC UNITS MAP
FIGURE 4 - POTENTIAL GEOLOGIC HAZARDS MAP
FIGURE 5 - SWELL/CONSOLIDATION TEST RESULTS
FIGURE 6 - GRADATION TEST RESULTS
TABLE 1 - SUMMARY OF LABORATORY TESTING
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
SCOPE
This report presents the results of our Geologic and Preliminary Geotechnical
Investigation for the Proposed Yampah Mountain High School and Church to be built
at Wulfsohn Ranch in Garfield County, Colorado. Our investigation was performed
to evaluate geologic and subsurface conditions and develop preliminary
recommendations for foundations and other construction details influenced by the
subsoils. This report includes a description of the subsurface conditions found in
our exploratory borings and a discussion of site development as influenced by
geologic and geotechnical considerations. This investigation was performed in
accordance with our Proposal GS -96-221 dated December 10, 1996.
This report is based on conditions disclosed by our exploratory borings,
review of available geologic maps, site observations, results of laboratory tests,
engineering analysis of field and laboratory data and our experience. The criteria
presented in this report are intended for planning purposes. An additional site
specific investigation is needed to develop design level recommendations for
building foundations and pavements. A summary of our conclusions is presented
below.
SUMMARY OF CONCLUSIONS
1. We found no geologic or geotechnical conditions that would preclude
the development of the property for the planned school and church.
2. Our exploratory borings penetrated 0.5 to 2 feet of organic, silty to
clayey sands above medium dense to very dense, silty to clayey sands
with silty gravel and sandy clay lenses to a maximum drilled depth of
30 feet. In our TH-1, the silty to clayey sands were underlain by very
dense, sandy gravels with cobbles. No free groundwater was found
in our exploratory borings during our field investigation.
3. Natural moisture content of the subsoils is low. Subsoils penetrated
by our borings were variable. The natural clays and sands are judged
to be moderately expansive to highly compressible.
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
1
vfi
4. The in-situ natural soils exhibit variable foundation support
characteristics and are not suitable to bear foundations. In our
opinion, the buildings at this site can be founded with footings or post
tensioned slabs -on -ground bearing on densely compacted structural
fill.
5. Preliminary data indicates slabs supported on a mat of densely
compacted structural fill will perform well if bearing soils are not
wetted.
6. Control of surface drainage is critical to the performance of
foundations and slabs -on -grade. Surface drainage should be
designed to provide rapid removal of surface runoff away from
structures and off of pavements.
SITE DESCRIPTION
The site is at the northeast part of Wulfsohn Ranch on the moderately steep
to steep northeast facing slopes of the east flanks of Red Mountain. Midland
Avenue is below the site to the north and Red Mountain Drive is along the east
property boundary. The long dimension of the property runs in an east -west
direction parallel to Midland Avenue. Natural ground surfaces on the lower parts of
the site slope down to the northeast at grades measured and visually estimated at
12 to 25 percent. Natural ground surfaces on the upper parts of the site slope down
at approximately 25 to 50 percent. Vegetation consists of sparse grasses and weeds
with brush and scrub oak. Approximately 1 foot of snow covered the site during our
field investigation.
GEOLOGIC CONDITIONS
The site is underlain by bedrock of the Pennsylvanian Aged Eagle Valley
Evaporite. The Eagle Valley Evaporite is a sequence of evaporite rocks consisting
of gypsum, anhydrite, halite and sylvite interbedded with thin siltstones, sandstones
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
2
EQ]
and carbonate beds. Due to overburden pressures, these rocks undergo plastic
deformation when buried at depth, resulting in highly contorted and swirled bedding.
Overlying the bedrock are surficial deposits which have been deposited in
more recent geologic times. At the subject site the surficial deposits are debris flow
alluvium interfingered with colluvium. The debris flow alluvium consists of clayey to
silty sands with scattered gravels and cobbles. Colluvium consists of silty to clayey
gravels with angular cobbles and boulders deposited by gravity arid slope wash.
Interpreted geologic units are shown on the enclosed Interpreted Geologic Units
Map (see Figure 3).
POTENTIAL GEOLOGIC HAZARDS
Our geologic study identified potential geologic hazards that need to be
considered during the planning and development phases of this project. None of
the potential geologic hazards identified will prevent the development of the
property, however, potential geologic hazards must be planned for and mitigated
during site development. Interpreted geologic hazards are shown on Figure 4.
Potential Surface Drainage Hazards
The site is located on a remnant from an ancient debris fan which is
comparatively large and overlain two smaller more recent debris fans. We do not
consider the remnant debris fan to be active. We consider the smaller, more recent
debris fans to be active, however, the source areas above the fans are comparatively
small and well vegetated so that the amount of debris available is comparatively low.
Debris or mud flows that can be expected to occur would likely be small. At this site
we qualitatively judge the potential debris flow hazard to be low.
Buildings at this site can be protected from debris flows by constructing a
drainage swale above the buildings to channelize debris flows around and away
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
3
from structures. We suggest a swale approximately 4 feet deep be built as part of
surface grading.
Potentially Unstable Slopes
We did not observe any evidence of landslide activity on the site during our
field reconnaissance or on aerial photographs of the site. Natural slopes occurring
at the subject site appear to be stable. Although the site is underlain be the Eagle
Valley Evaporite which does not impart a favorable geometry for slope stability, we
believe stability concerns will be limited to man made excavations as discussed
below under "Site Excavation". A site specific stability analysis will be needed to
evaluate the stability of proposed excavations. Excavations may need to be limited
to maximum depths of approximately 7 feet.
PROPOSED CONSTRUCTION
A school building and church with associated parking areas and drives are
to be built. Building plans have not been decided at this writing, however, both
buildings will likely be stepped into the natural slopes occurring at the site. We
anticipate wood of steel frame construction with masonry exterior walls. Floors will
likely be slabs -on -grade. Foundation Toads will likely be in the range of 4,000 to
6,000 pounds per lineal foot of bearing wall and 20 to 30 kips for isolated columns„
SUBSURFACE CONDITIONS
Our manager of laboratory and field services directed the drilling of four (4)
exploratory borings at the approximate locations shown on Figure 1. Soils
penetrated by our borings were logged and samples obtained for testing in our
laboratory. Summary logs of our exploratory borings are shown on Figure 2.
Samples of the soils were analyzed in our laboratory to confirm field classifications
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
4
and determine pertinent engineering characteristics for preliminary foundation
analysis. Results of our laboratory testing are presented on Figures 5 and 6 and
summarized on Table 1.
Our exploratory borings penetrated 0.5 to 2 feet of organic, silty to clayey
sands above medium dense to very dense, silty to clayey sands with silty gravel and
sandy clay lenses to a maximum drilled depth of 30 feet. In our TFI-1, the silty to
clayey sands were underlain by very dense, sandy gravels with cobbles. No free
groundwater was found in our exploratory borings during our field investigation.
The subsoils penetrated by our borings were not homogeneous and were judged to
possess variable support characteristics and volume change potentials.
BUILDING CONSIDERATIONS
The school will be stepped with two 10 feet cuts and a 4 feet cut for a total
excavated depth of 24 feet. It appears that total cuts for the church will be
approximately 26 feet deep. Our preliminary foundation recommendation below is
for foundations to bear on structural fill which will, therefore require excavation
depths of near 31 feet deep at this site. The following paragraphs present our
preliminary recommendations for site excavations and new fill placement, building
foundations, floor slabs and exterior concrete flatwork, below grade construction and
surface drainage.
Site Excavation and Fill Placement
Excavations for the buildings and access drive will be deep into the natural
slopes of the site and will require retaining. Care must be taken not to adversely
effect general slope stability during excavation operatiions. We should be involved
during the development of site grading plans to provide geotechnical input. Slope
stability analyses will be needed on individual excavations to evaluate their effect
on slope stability.
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
5
Plans we viewed indicate site excavations resulting in 31 feet tall cut slopes
may be required. Excavations will expose silty to clayey sands with silty gravels and
sandy clay lenses. Excavation sides should be sloped or retained. Excavated slopes
will tend to collapse and flatten. We recommend temporary excavations greater than
5 feet deep be retained or laid back at slopes of 1.5:1 (horizontal to vertical) or
flatter. In our opinion laying back excavation sides will not be possible for the
Yampah High School foundation excavation at this site. We believe the silty to clayey
sands are Type C as described in the October, 1989 Occupation Safety and Health
Administration (OSHA) Standards published by the Department of Labor governing
excavations. The publication indicates a maximum temporary slope of 1.5:1
(horizontal to vertical) for Type C soils above the water table. We should view the
excavations to confirm that soils are as anticipated.
Soils removed from the excavation should not be stockpiled at the edge of
the excavation. We recommend the excavated soils be placed at a horizontal
distance from the top of the excavation equal to at least the depth of the excavation.
In our opinion the excavation sides south of the (buildings should be retained.
OSHA regulations require retaining systems and/or slopes for excavations greater
than 20 feet tall be designed by a Registered Professional Engineer. The most
commonly used retainage for similar excavations in the area is a tied back wall with
driven piles and wood lagging or soil nailing. The design of a retained excavation
system should be by a structural engineer experienced with the design of retainage
in the area. Lateral loading depends on the depth of excavation, slope of excavation
above the retained excavation, surface loads, hydrostatic pressures, and allowable
movement. Additionally, the design should consider if the retainage is temporary or
permanent. For trench boxes and retaining systems allowed to move enough to
mobilize the strength of the soils with associated cracking of the ground surface, the
"active" earth pressure conditions are appropriate for design. If movement is not
tolerable, the "at rest' earth pressures are appropriate. We suggest assuming in
design calculations an "active" equivalent fluid density of 40 pcf and an "at rest"
equivalent fluid density of 50 pcf. We suggest assuming a "passive" equivalent fluid
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
6
density of 275 pcf to calculate soil resistance. The backfill surface is assumed level.
These pressures do not include allowances for surcharge loading or for hydrostatic
conditions. We believe that the soils that piles will be driven into are predominately
sands. We suggest using a cohesive (c) strength value of 300 psf and angle of
internal friction (075) of 30°. The values may need to be adjusted if soils exposed
during excavations prior to pile driving or soil nailing are different than anticipated
from our exploratory borings.
Fill will be required to achieve finished grade for overlot grading, subgrade
elevations for paved areas and exterior concrete flatwork, utility trench backfill and
landscaping. In addition, structural fill will be required below foundations and slab -
on -grade floors. Structural fill is discussed below under "Building Foundations".
Areas to receive fill or bear exterior concrete flatwork should be stripped to
the natural soils. The resulting surface should be scarified to at least 10 inches
deep, moisture conditioned to within 2 percent of optimum moisture content and
compacted. Fill can consist of the on site soils or existing fill free of organics,
debris, rock larger than 4 inches in diameter or other deleterious materials. Fill
below exterior parking or drives, exterior concrete flatwork or backfill of utility
trenches should be placed in maximum 8 inch thick loose lifts, moisture conditioned
to within 2 percent of optimum moisture content and compacted to at least 95
percent of standard Proctor dry density (ASTM D 698). "Common fill" placed in
landscape areas should be compacted to at least 90 percent of ASTM D 698. The on
site soils are moisture sensitive and become difficult to work when more than
approximately 2 percent above optimum moisture content. It is our experience that
the use of large discs, blades and a properly operating water truck will be required
to achieve the specified moisture content throughout the fill soils prior to
compaction.
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
7
EQ3
Building Foundations
Subsoils penetrated by our borings were not homogeneous and exhibited
variable foundation support characteristics and volume change potentials.
Foundations should bear on a comparatively uniform strata. We considered drilled
frictions piers, driven friction piles, a post tensioned slab -on -ground foundation and
footings bearing on the natural soils and on densely compacted structural fill. We
believe settlements resulting in unsightly cracking in walls and floors will likely
occur if the buildings are founded on footings bearing on the natural soils in their
in-situ condition. We believe that over excavation of the natural soil and
replacement with the natural soils or similar material free of organic or other
deleterious material would be most appropriate. The buildings can be founded with
footings bearing on a minimum 3 to 4 feet thick mat of structural fill. Structural fill
should extend horizontally beyond the edge of all footings a distance equal to at
least 1/2 the depth of the fill. A post tensioned slab -on -ground bearing on a 1 to 3
feet thick mat of structural fill might also be appropriate. For preliminary foundation
design, footings bearing on the structural fill can be designed for a maximum
allowable soil bearing pressure of 3,000 to 5,000 psf.
Fill placement below the buildings will be critical to building performance.
After moisture conditioning and compacting, the on site soils free of organics,
debris, rock larger than 4 inches in diameter or other deleterious materials can be
used for structural fill. Areas to receive structural fill should be stripped to the
natural soils and at least 3 to 4 feet of the natural soils removed from below the
bottom of footing elevations. We believe that removal of 1 to 3 feet of the natural
soils from below the bottom of a post tension slab -on -ground would be required. The
resulting surface should be scarified to at least 12 inches deep, moisture
conditioned to within 2 percent of optimum moisture content and compacted.
Structural fill can then be placed in maximum 8 inch thick loose lifts at 2 percent
below to 2 percent above optimum moisture content and compacted to at least 100
percent of ASTM D 698. Compaction of the lower approximately 1/2 foot of fill (first
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
8
lift) to 100 percent of ASTM D 698 may not be achievable. Successive fills should
achieve the recommended compaction.
Floor Slabs and Exterior Concrete Flatwork
Floor slabs should bear on a mat of structural fill at least 1 to 2 feet thick
constructed as discussed above under "Foundations". If a post tensioned slab -on -
ground foundation is chosen, the foundation will act as the floor slab and require an
excavation 1 to 3 feet deep below finished floor slab subgrade elevation backfilled
with structural fill. An alternative would be founding the buildings on footings and
constructing a structural floor with a crawlspace below.
Exterior concrete flatwork can bear on prepared subgrade or on fill
constructed as discussed above under "Site Excavations and Fill Placement".
Exterior concrete flatwork should not be supported partially on man made fill and
partially on natural soils. To reduce the adverse effects of differential slab
movement, all slabs -on -grade should be separated from all bearing walls and
columns with expansion joints. Control joints should be used in slabs -on -grade to
reduce damage due to shrinkage cracking.
Below Grade Construction
We do not anticipate subsurface conditions which will preclude basement
construction. Basement excavations will encounter silly to clayey, sands with silty
gravel and sandy clay lenses. Free groundwater was not found in our exploratory
borings.
Foundation walls will be subjected to lateral earth pressures. Foundation
walls at the back of the buildings may act a retaining walls. These walls are
restrained and cannot move, therefore, they should be designed for the "at -rest"
lateral earth pressure. Assuming the on-site soils are used as backfill, we
recommend using an equivalent fluid density in the range of 50 pcf for silty to clayey
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
9
sand and sandy clay backfill to calculate the "at rest" lateral earth pressure. The
above equivalent fluid density does not include allowances for sloping backfill,
hydrostatic pressures, live loads or loads from adjacent structures.
Water from surface run-off (precipitation, snow melt, irrigation) frequently
flows through backfill placed adjacent to foundation walls and collects on the
surface of the comparatively impermeable soils occurring at the bottom of the
foundation excavations. This can cause damp or wet conditions in below grade
areas of the buildings. To reduce the accumulation of water, we recommend a
foundation drain. The drain should consist of a 4 -inch diameter open joint or slotted
PVC pipe encased in free draining gravel. The drain should lead to a positive gravity
outfall or to a sump to be mechanically pumped. Backfill placed adjacent to
foundation walls should be compacted to at least 95 percent of standard Proctor
maximum dry density (ASTM D 698).
Surface Drainage
Surface drainage will be critical to the performance of foundations and
concreteflatwork. Landscaping schemes with minimal irrigation requirements should
be considered. Landscaping requiring irrigation and sprinkler heads should be kept
at least 5 feet from the buildings. Final grade should provide for the rapid runoff of
water down, around and away from the buildings and off of all paved surfaces.
Ponding of water adjacent to the buildings or on paved areas will cause problems
and should not be allowed to occur. The ground surface surrounding the buildings
should be sloped to drain away from the buildings in all directions. We recommend
a slope of at least 12 inches in the first 10 feet. Roof downspouts and drains should
discharge well beyond the limits of all backfill. Buried discharge lines are not
desirable. Splash blocks or extensions should be used at all discharge locations.
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
10
LIMITATIONS
Our borings were widely spaced to provide a general picture of subsurface
conditions. Information presented herein is intended for preliminary planning and
design only.
This investigation was conducted in a manner consistent with that level of
care and skill ordinarily used by geotechnical engineers practicing in this area at
this time. No other warranty, express or implied is made. If we can be of further
service in discussing the contents of this report or the analysis of the influence of
the subsurface conditions on the design of proposed construction, please call.
CTL/THOMPSON, INC.
Wilson L. "Liv" Bowden
Professional Geologist
LB:JM:cd
(3 copies sent) /�
BAKER FALLIN ASSOCIATES
CTL/T GS -2078
11
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PRESSURE DUE TO WETTING
01
APPLIED PRESSURE — KSF
Sample of CLAY , SANDY ( CL )
From TH-1 AT 14 FEET
COMPRESSION % EXPANSION
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10
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NATURAL DRY UNIT WEIGHT= 109 PCF
NATURAL MOISTURE CONTENT= 12.1 %
EXPANSION UNDER CONSTANT
PRESSURE DUE TO WETTING
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APPLIED PRESSURE — KSF
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NATURAL MOISTURE CONTENT = 4 . 1 %
10 100
From TH-2 AT 19 FEET
JOB NO. GS -2078
Swell Consolidation
Test Results F I G.
HYDROMETER ANALYSIS 1
SIEVE ANALYSIS
25 HR 7 FIR TIME READINGS
45 MIN 15 MIN 60 MIN 19 MIN 4 MIN 1 MIN
100
90
80
70
O
N 60
cn
a
50
a 40
30
20
10
'200 '100
U S STANDARD SERIES
'50 '40'30 '16 '10'8
CLEAR SQUARE OPENINGS
'4 3/8" 3/4" 11/2" 3" 5..6., 8..
0
10
20
30
40
30
60
70
80
90
0 100
001 002 005 009 019 037 074 149 297 590 1 19 2 0 2 38 4 76 9 52 19 1 36 1 76.2 127 200
0 42 152
DIAMETER OF PARTICLE IN MILLIMETERS
CLAY (PLASTIC) TO SILT (NON .PLASTIC)
SAND
GRAVEL
FINE
MEDIUM 1 COARSE
f INE I COARSE I COBBLES
DERCENT RETAINED
Sample of GRAVEL , S ILTY ( GM )
From TH-1 AT 14 FEET
GRAVEL 42 % SAND 35
SILT & CLAY 23 % LIQUID LIMIT
PLASTICITY INDEX
PERCENT PASSING
HYDROMETER ANALYSIS
SIEVE ANALYSIS
25 HR. 7 HR TIME READINGS
45 MIN. 15 MIN. 60 MIN. 19 MIN 4 MIN 1 MIN '200 '100
100
90
80
7C
60
50
40
30
20
10
U.S. STANDARD SERIES
'50 '40'30 '16 '10'8
CLEAR SQUARE OPENINGS
'4 3/8" 3/4" 11/2" 3" 5"6" 8"
0
10
20
30
40
50
60
70
80
90
0 100
.001 002 005 009 019 037 074 149 297 590 1 19 2 0 2 38 4 rr. Y 5;2 19 1 36 1 76 2 127 200
0 42 152
DIAMETER OF PARTICLE IN MILLIMETERS
CLAY (PLASTIC) TO SI11 (NON PLASTIC)
SAND
GRAVEt
EINE
MEDIUM 1 COARSE
[114/ 1 COARSE 1 COBBLES
PERCENT RETAINED
Sample of GRAVFI • S T I TY ( GM)
From TH-4 AT 8 TO 10 FEET
JOB NO. GS -2078
GRAVEL 75 % SAND 13
SILT & CLAY 12 % LIQUID LIMIT
PLASTICITY INDEX
Gradation
Test Results
%
FIG. 6
0
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SUMMARY OF LABORATORY TEST RESULTS
SOIL TYPE
GRAVEL, SILTY (GM)
CLAY, SANDY (CL)
CLAY, SANDY (CL)
SAND, CLAYEY (SC)
SAND, CLAYEY (SC)
SAND, SILTY (SM)
GRAVEL, SILTY (GM)
PASSING PASSING
SOLUBLE NO. 4 NO. 200
SULFATE SIEVE SIEVE
(%) (%) (%)
o)
N
N
CD
45
(0
cf
26
58
UNCONFINED
COMPRESSIVE
STRENGTH
(psf)
ATTERBERG LIMITS
PLASTICITY
INDEX
(%)
10
11)
a
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NATURAL
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120
NATURAL
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(%)
3.4
12.8
N
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DEPTH
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