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HomeMy WebLinkAbout2.0 Staff ReportDutch Major Subdivision Exemption File MIEA-6931 Bagley ADU File GAPA-7397 Directors Determination PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANTS (OWNERS) LOCATION PARCEL SIZE WATER/SEWER ACCESS EXISTING ZONING Major Subdivision Exemption and Land Use Change Permit for an Accessory Dwelling Unit — Administrative Review Director's Determination Charles A. Bagley & George E. Bagley NEV4 Section 5, T6S, R92W, Garfield County, located at 1211 County Road 229, and 6044 County Road 233, Silt, CO 81652. Also known by Assessor's Parcel No. 2179-051-00-040. 52 acres. Existing individual and shared wells Existing and proposed Septic Systems County Road 229 and County Road 233 Rural (R) I. DESCRIPTION OF PROPOSAL - REQUEST The subdivision exemption request is for subdivision of a 52 acre tract into four lots approximately 20.4 acres, 6.6 acres, 12.7 acres, and 13.9 acres in size. An existing home is located on Lot 4 and two existing homes are proposed to be located on Lot 1. New homes are proposed on Lots 2 and 3. The accessory dwelling unit request is to address the two existing homes on Lot 1. The smaller home adjacent to the County Road is proposed to be approved as an accessory dwelling unit. The homes on Lot 1 will share an existing domestic well and have an existing ISDS. Lot 2 is served by an existing domestic well and a secondary irrigation and stock watering well. Lots 3 and 4 are proposed to share an existing well. The existing home on Lot 3 has an existing ISDS and a new system is proposed for Lot 4. Existing driveways and parking areas will be utilized for Lots 1 & 4. A new driveway access and easement will serve Lot 3 off of County Road 229. Lot 2 will also have a new Dutch Major Exemption & Bagley ADU driveway off of County Road 229, just north of the existing irrigation ditch crossing approximately 330 ft. south of the intersection with County Road 233. Essential utilities are available to each lot either within the adjacent County Road right-of- ways or on the proposed lot. The Applicant is proposing use of propane for gas and is not proposing extension of hardwired telephone service to the Tots at this time. The easement serving Lot 4 will include utility services. The Silt Pump Canal irrigation ditch crosses the northeast corner of the site and other irrigation ditches and laterals exist on the property. The proposed plat documents and creates irrigation easement to serve the four lots. II. HISTORY In the early 1980's the Applicant's property was approved for the addition of a mobile home unit (Resolution 81-308) and a subdivision exemption was approved to meet a condition of approval requiring that a separate lot be created for the mobile home. While approvals were granted the separate lot was never created. The current subdivision exemption application was intended to create 4 lots for the owners and allow for a separation of the current shared ownership between Charles and George Bagley. It would also resolve any issues associated with the past approvals which were not implemented by the owners (i.e. no subdivision exemption plat filed, no conveyance of property). As part of the subdivision exemption review County Staff and the Applicants noted that two existing units were proposed for location on Lot 1. The current Administrative Land Use Change application for an Accessory Dwelling Unit was submitted to resolve the issue of the two units being on a single lot. The two applications are now being reviewed concurrently. III. AUTHORITY — APPLICABLE REGULATIONS The Major Subdivision Exemption Application is being processed in accordance with Section 5-202, 5-402, 5-406 and 4-104 of the Unified Land Use Resolution of 2008 as amended (ULUR). It was submitted prior to the most recent code updates in August of 2012. The Applicant has provided documentation including deeds for the property supporting the finding that no lots have previously been created out of the parcel as it existing on January 1, 1973 and that the property qualifies for the creation of three new lots and an original remainder tract in accordance with Section 5-202 (B) of the ULUR. The Application has been determined to be complete and public notice for the Director's Decision has been completed in accordance with Section 4-104. The Accessory Dwelling Unit Application was submitted after the August 2012 updates to the ULUR and are being processed in accordance with Section 4-103, Administrative Review. Certain waivers of submittal requirements have been requested based on the concurrent review and detailed application materials already provided. IV. STAFF ANALYSIS 1. REFERRAL COMMENTS 2 Dutch Major Exemption & Bagley ADU Staff referred the application to the following agencies/County Departments for their review and comment. Comments received are summarized here and attached as exhibits and incorporated into the memorandum where applicable. Updated comments were also received from the Division of Water Resources and Fire Protection District addressing additional submittals and the ADU proposal. a. County Vegetation Manager: Requested weed inventory and provision of a weed management plan. b. County Environmental Health Manager: Had no issues with the Application. c. Colorado Geologic Survey: Discussed slope instability, erosion, and hydro- compaction/expansive soils issues. Their summary included the need for site specific soils and foundation investigations and to minimize grading especially on the steeper areas within Lot 2. d. Xcel Energy: Noted need to request utility locates prior to construction and to work with Xcel designers for new gas or electric services or modification to existing facilities. e. Town of Silt: Commented on clustering, central services, and traffic. f. Colorado River Fire Rescue (formerly Burning Mountain Rural Fire Protection District): Provided comments on sprinklering, water storage, and fire access associated with the proposed subdivision exemption. Supplemental comments from the district indicated that they had no further requirements for approval of the ADU request. g. Division of Water Resources: The Division provided a detailed review of the current well permit approved for the site and related contracts with the West Divide Water Conservancy District. The comments confirmed the legal supply of water for the proposed lots and ADU concluding that "So long as the applicant operates these wells within the confines of the permits and the West Divide contracts, this office has no objections to this application". h. Consulting Engineer: Mountain Cross Engineering provided comments on utilities, irrigation, fire protection and access. i. County Road and Bridge: No comments received at this time. j. U.S. West Communications: No comments received at this time. 2. PUBLIC COMMENTS Staff has received one public comment from Leslie and Jeane McPherson regarding notice to potential lot purchasers regarding mineral rights and potential activities/extraction on the site (see attached). 3. RELATIONSHIP TO THE COMPREHENSIVE PLAN The site is located within the Silt Urban Growth Area as shown on the Garfield County Comprehensive Plan 2030. The Town of Silt, Future Land Use 2011 Map shows the property in an "Agricultural/Rural Residential Reserve" classification. 3 Dutch Major Exemption & Bagley ADU Town of Silt Dutch Major Exemption Site Comprehensive Plan - Future Land Use 2011: Town of Silt, CO 4. Domestic/Irrigation Water The Applicant has demonstrated a legal supply of water for all four lots including the ADU. Conditions of approval should require maintaining all contracts with the West Divide Water Conservancy District and finalizing the well sharing agreement for Lots 3 and 4. The Applicant has drilled a new well and provided pump tests and water quality tests in accordance with Section 7-104 of the ULUR (pre 8/2012 code) for some of the wells. Prior to final approvals the applicant shall confirm compliance with all required production and water quality tests/reports. 5. Zoning The proposed subdivision will not create or increase any nonconforming zoning conditions including setbacks for the proposed Tots and existing improvements. Future building permits shall be required to comply with all applicable provisions of the ULUR. 6. Access The applicant proposes individual driveways to serve each lot. The access and utility easement for Lot 4 is shown on the exemption plat. Prior to final approval/execution and 4 Dutch Major Exemption & Bagley ADU recording of the exemption plat, a driveway located within the access easement shall be constructed meeting standards for a compacted gravel driveway a minimum of 14 ft. in width that can support emergency response vehicles. In lieu of constructing the driveway the Applicant may provide security and a subdivision improvements agreement for the installation of the driveway. 7. Wastewater The site is currently served by Individual Sewage Disposal Systems (ISDS), serving proposed Tots 1 and 4. New systems for lots 2 and 3 shall comply with the County permitting requirements and standards. If soils analysis or "perc" testing warrants, the systems may be required to be designed by a licensed professional engineer. 8. Fire Protection The subject property is located within the Colorado River Fire Rescue District (formerly Burning Mountain Fire Protection District) and comments from the District have been received recommending water storage for fire protection along with fire protection sprinklers for all newly constructed homes associated with the Subdivision Exemption. Staff and the Applicant met with Orin Moon, Fire Marshall to review the referral comments. Subsequent to that meeting and several additional meetings between the Applicant and the Fire Protection District, Mr. Moon clarified the Districts position in an email dated 1/17/2012, stating that the Fire Protection District will require "...either 30,000 gallons of water storage as outlined in the November 2, 2011 letter to Glenn Hartmann or will require the new residential structures built or moved onto the proposed exemption to have a Fire Sprinkler System installed." 9. Severed Mineral Interests and Other Required Plat Notes The Applicant is unaware if ownership of the minerals has been severed. Staff suggests the following plat note be placed on the Exemption Plat: "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). " In addition, a list of required standard plat notes will be required for inclusion on the plat. 10. Vegetation Steve Anthony, County Vegetation Manager requested that the applicant provide a map and inventory of any County Listed Noxious Weeds on the site. A weed management plan will then be required to address any inventoried county listed noxious weeds. Again, this is included as a condition of approval. 5 Dutch Major Exemption & Bagley ADU 11. Accessory Dwelling Unit The proposed ADU is 1,296 sq.ft. in size less than the maximum size limit of 1,500 sq.ft. set forth in Section 7-1302. The proposed lot will meet the minimum lots size, building code compliance will be required, it has a separate entrance and there is no Homeowners Association or covenants. It is served by all utilities and has an existing driveway and parking areas. V. SUGGESTED FINDINGS AND RECOMMENDATION DUTCH MAJOR SUBDIVISION EXEMPTION Staff supports a finding that the proposed Exemption complies with the Garfield County Unified Land Use Resolution of 2008 as amended including but not limited to Section 5- 406, General County Exemption Criteria, subject to compliance with the following conditions of approval. 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director. 2. The Applicant shall include the following text as plat notes on the final exemption plat or amend the existing text to conform to following: a. Control of noxious weeds is the responsibility of the property owner. b. No new 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. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d. 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, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public 6 Dutch Major Exemption & Bagley ADU roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. e. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. f. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contrasts with background color. g. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. h. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. i. "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). " j. A site specific soils and foundation analysis shall be required for new construction. Compliance with the recommendations of said analysis shall be required. k. All new home construction shall require installation of fire suppression sprinkler systems unless alternate fire protection measures are approved by the Colorado Fire and Rescue District. 1. Well permits for Lots 1, 3 and 4 require maintaining contracts with the West Divide Water Conservancy District and payment of all applicable annual fees and expenses. m. Traffic Impact Fees for Lots 2 and 4 shall be calculated and paid to the County at the time of Building permit issuance for said lots. 3. Site specific soils analysis shall be completed prior to issuance of building permits within the Subdivision Exemption. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis. A plat note 7 Dutch Major Exemption & Bagley ADU containing this requirement shall be added to the Exemption Plat. 4. Approval of the proposed Exemption Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a blueline of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for their signature. 5. Prior to the execution and recording of the Exemption Plat the Applicant shall provide a pump test and water quality test for the Lot 1 well as required by the ULUR meeting the standards contained in Section 4-203 (M)(2)(f). In addition the applicant shall provide evidence that water quality testing results provided with the Application submittals for the domestic well located on Lot 2 and the shared well serving Lots 3 and 4 meet the ULUR standards contained in Section 4-203(M)(2)(f)(2) for water quality. 6. The Applicants have represented that utility service exists to Lots 1, 2, and 4 and a proposed Access and Utility Easement is provided for Lot 3. Prior to execution and recording of the Exemption Plat the Applicant shall provide a Subdivision Improvements Agreement to ensure that utility service to Lot 3 along with an adequate driveway 14 ft. in width is constructed. In lieu of said agreement the Applicant may choose to install and construct the improvements prior to execution of the Exemption Plat. 7. Driveway Access Permits shall be obtained from the County Road and Bridge Department for Lot 3 and Lot 2, prior to execution of the Exemption Plat. Demonstration of compliance with all conditions of said permits shall be required prior to issuance of any building permits on said Tots. A plat note addressing this condition shall be included on the Exemption Plat. 8. Traffic impact fees for the Lots 2 and 4 shall be calculated and collected prior to issuance of building permits on said lots. A plat note to that effect shall be included on the Exemption Plat. 9. The Applicant shall pay School Land Dedication fees to the RE -1 School District in accordance with the provisions of the ULUR for the creation of two new vacant lots. This fee shall be paid prior to the execution and recording of the Exemption Plat. 10. Prior to execution and recording of the exemption plat the well sharing agreement for Lots 3 and 4 shall be finalized, approved by the County Attorney's Office and executed by the Applicants. The agreement shall be recorded concurrently with the Exemption Plat. 11. The Applicant shall maintain compliance with and keep in force contracts with the West Divide Water Conservation District in accordance with requirements including from the Division of Water Resources for the existing wells. 8 Dutch Major Exemption & Bagley ADU 12. Prior the execution and recording of the Exemption Plat, the Applicants shall convey adequate irrigation water rights to each lot to provide for outside irrigation commensurate with each lot's size and irrigation demands. 13. Septic systems for the proposed lots shall comply with the County's Individual Sewage Disposal Regulations and shall maintain all required setbacks from existing and proposed wells on the property. 14. The Applicant's shall comply with the requirements of the Colorado Fire and Rescue District for installation of fire suppression sprinkler systems in all new homes unless alternate fire protection measures are approved by the District. New driveways shall provide be constructed to provide an all weather driving surface, support the weight of fire apparatus, and provide a fire truck turnaround meeting the District's standards if the access road is longer than 150 ft. from the County road. BAGLEY ADU Staff supports a finding that the Bagley Administrative Review Application for an Accessory Dwelling Unit complies with applicable provisions of the the Garfield County Unified Land Use Resolution of 2008 as amended including but not limited to Article 7, Standards subject to subject to compliance with the following conditions of approval. 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director. 2. The ADU shall maintain compliance with the standards contained in Section 7-1302 of the ULUR applicable to Accessory Dwelling Units. 3. The Applicant shall comply with the conditions of approval and representations contained in the Dutch Major Subdivision Exemption request considered concurrently with the ADU Application. 4. The Applicant shall provide evidence demonstrating to the satisfaction of the Building and Planning Department that the existing septic system or systems on Lot 1 are adequate to serve the two units. 9 Dutch Major Exemption & Bagley ADU View of Lot 1 kik 14,. INK +1•.;' 01-M1.Ir - 10 Dutch Major Exemption & Bagley ADU 1 View of Lot 4 11 View of Lot 3 Access (Utility Easement will run along the fence line) Dutch Major Exemption & Bagley ADU 12 Glenn Hartmann From: Armstrong, Karlyn [karlyn.armstrong@state.co.us] Sent: Monday, November 26, 2012 3:56 PM To: Glenn Hartmann Cc: Martellaro, Alan; Rubin, Edward Subject: Re: Dutch Major Subdivision Exemption Comments Glenn, We have completed a preliminary review of the Dutch Major Subdivision Exemption Application, Bagley ADU Request. However per the March 11, 2011 Memorandum to All County Land Use Planning Directors concerning the State Engineer's Recommendation for Certain Land Use Actions, a physical adequacy review has not been completed. The applicant is requesting to add an ADU designation on Lot 1 of the proposed Dutch Major Subdivision Exemption. This proposal includes changes to the proposed water supply that will affect the entire subdivision exemption. The Dutch Major Subdivision Exemption request, including ADU, proposes to divide a 52 acre tract into four lots. Lot 1 will be 20.5 acres, Lot 2 will be 6.6 acres, Lot 3 will be 12.7 acres, and Lot 4 will be 14 acres. Lot 1 will have two single family dwellings; Lots 2-4 will have one single family dwelling per parcel. The applicant proposes to use four wells to provide water to the parcels. Lot 1 would be served by an existing well operating under permit no. 76688-F. Lot 2 would be served by an existing well operating under permit no. 1172-A along with a second well operating under permit no. 30778 that allows for livestock watering. Lots 3 and 4 would share an existing well operating under permit no. 75924-F. All parcels would have individual septic systems; irrigation water is provided through the Farmer's Irrigation Company and Silt Water. Permit no. 76688-F was issued on September 11, 2012 for a well located on proposed Lot 1 of the Dutch Major Exemption. The use of the well is limited to ordinary household uses inside two single family dwellings, the irrigation of 12,000 square feet of gardens and lawns, and the watering of five domestic animals in accordance with West Divide Water Conservancy District contract no. 120816GB(a). Permit no. 1172-A was issued on March 1, 2012 to replace an existing well located on proposed Lot 2. The use of the well is limited to ordinary household purposes inside one single family dwelling, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than 1 acre of home gardens and lawns. Permit no. 30778 was issued on May 16, 1967; the use of the well is limited to stock watering purposes as historically used. This well is also located on Lot 2. Permit no. 75924-F was issued on April 2, 2012. The uses of this well are limited to fire protection, ordinary household purposes inside two single family dwellings, the irrigation of not more than 12,000 square feet of home gardens and lawns, and the watering of twelve domestic animals in accordance with West Divide Water Conservancy District contract no. 110421CB(a)(amended). This well is located on Lot 3 and is the proposed water supply for Lots 3 and 4. The application mentions use of a well sharing agreement, though the agreement was not attached. So long as the applicant operates these wells within the confines of the permits and the West Divide contracts, this office has no objections to this application. Thank you for the opportunity to comment on this project. Please contact me at this office if you have any questions. 1 Sincerely, Karlyn Armstrong, E.I.T. Water Resource Engineer State of Colorado, Division of Water Resources 1313 Sherman Street Room 821; Denver, CO 80203 office: 303.866.3581 x8275 1 fax: 303.866.3587 email: karlyn.armstrong(state.co.us Glenn Hartmann From: Adams, Karlyn [Karlyn.Adams@state.co.us] Sent: Wednesday, November 23, 2011 1:50 PM To: Glenn Hartmann Cc: Martellaro, Alan; Rubin, Edward Subject: Dutch Major Subdivision Exemption Comments Glenn, We have completed a preliminary review of the Dutch Major Subdivision Exemption Application, however per the March 11, 2011 Memorandum to All County Land Use Planning Directors concerning the State Engineer's Recommendation for Certain Land Use Actions, a physical adequacy review has not been completed. The applicant is requesting to divide, by exemption, a 52 acre tract into four lots. Lot 1 will be 20.5 acres, Lot 2 will be 6.6 acres, Lot 3 will be 12.7 acres, and Lot 4 will be 14 acres. The applicant proposes to use four wells to provide water to the four parcels, operating under well permit nos. 1172, 30778, 47466 and 75024-F. All parcels would have individual septic systems; irrigation water is provided through the Farmer's Irrigation Company and Silt Water. Permit no. 1172 was issued on May 14, 1958. The use of the well is limited to domestic purposes as historically used, not to exceed two single family dwellings, an acre of lawn and garden irrigation, and the watering of domestic animals. This well will be located on Lot 1 and will be shared, per a well sharing agreement, with Lot 4. Permit no. 30778 was issued on May 16, 1967. The use of the well is limited to stock watering purposes as historically used. This well will be located and used on Lot 2. Permit no. 47466 was issued on July 16, 1971. The use of the well is limited to domestic purposes as historically used, not to exceed one single family dwelling, an acre of lawn and garden irrigation, and the watering of domestic animals. This well will also be located and used on Lot 2. Permit no. 75024-F was issued on May 2, 2011. The uses of this well are limited to fire protection, ordinary household purposes inside one single family dwelling, the irrigation of not more than 6,000 square feet of home gardens and lawns, and the watering of six domestic animals. This well operates pursuant to a contract with the West Divide Water Conservancy District. DWR's records indicate that this well was constructed on September 24, 2011. No Pump Installation Report has been received. For the applicant to maintain the validity of this permit, they must submit a Pump Installation Report prior to the permit expiration date, May 2, 2012. This well would located and used on Lot 3. So long as the applicant operates these wells within the confines of the permits and the well sharing agreement, this office has no objections to this application. Thank you for the opportunity to comment on this project. Please contact me at this office if you have any questions. Sincerely, Karlyn Adams Water Resource Engineer Colorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax 1 LEGAL DOMESTIC WATER — WELL PERMIT SUMMARY BAGLEY ACCESSORY DWELLING UNIT AND DUTCH MAJOR SUBDIVISION EXEMPTION Proposed Lot 1 • Includes two existing dwelling units. • One unit is proposed to be approved as an Accessory Dwelling Unit pursuant to the Bagley ADU Application. This lot is served by an existing shared well approved by Well Permit #76688-F. This new well permit cancelled/replaced Well Permit # 47466 and authorized the well to serve two dwelling units. The new permit is subject to a contract with the West Divide Water Conservancy District. Proposed Lot 2 • This lot is currently vacant. • It is proposed for development with one new single family residence. This lot is served by an existing domestic well, Well Permit #1172 - A. It also has an existing stock watering well, Well Permit #30778. Proposed Lot 3 • This lot is currently vacant. • It is proposed for development with one new single family residence. The lot is served by an existing domestic well located on proposed Lot 3 approved by Well Permit #75924 — F. This new permit replaced previous Well Permit #75024 — F and approved the well to serve two dwelling units. It is subject to a contract with the West Divide Water Conservancy District. Easements and shared well agreements are proposed. Proposed Lot 4 • This lot has an existing single family dwelling The lot is served by an existing domestic well located on proposed Lot 3 approved by Well Permit #75924 — F. This new permit replaced previous Well Permit #75024— F and approved the well to serve two dwelling units. It is subject to a contract with the West Divide Water Conservancy District. Easements and shared well agreements are proposed. (This summary is based on the Application submittals, Division of Water Resources Documentation, Pre - Application Meetings and Review by the Garfield County Building and Planning Department). Colorado River Fire Rescue Glenn Hartmann Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Reference: File GAPA-7397, Bagley ADU Request November 28, 2012 Glenn: I have reviewed the request for the Bagley Accessory Dwelling Unit located at 6044 County Road 233 in Silt, CO. Colorado River Fire Rescue has no requirements or requests for this ADU to be approved. Thank you for allowing me to comment on this project, feel free to contact me with any questions. Orrin D. Moon Fire Marshal/Battalion Chief Colorado River Fire Rescue Silt& New Castle Area 970-984-3213 Glenn Hartmann From: Kelly Cave [kelly@KerstStrautman.corrl] Sent: Tuesday, April 10, 2012 4:10 PM To: Glenn Hartmann Subject: Bagley Update Attachments: Well Testing.pdf; Well Permit for 2 dwellings.pdf Hi Glenn, I finally received an update on the well issue for Bagley. Chuck increased the use on his well (75924-F) to two dwellings. The Bagleys are agreeable to installing sprinklers in new construction and they do want an ADU for lot one. Attached is the updated well permit and pump testing results for the new well. Please let me know if you need any additional information. Thanks, Kelly Cave, Esq. Kerst & Strautman P.C. Attorneys at Law 823 Blake Avenue, Suite 202 Glenwood Springs, CO 81601 (970) 945-2447 ext. 3 (970) 945-2440 (fax) kelly(c�,kerststrautman. com www.kerststrautman.com CONFIDENTIALITY NOTICE - This e-mail transmission and any documents, tiles or previous e-mail messages attached to it, may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank You. FEDERAL TAX ADVICE DISCLAIMER We are required by U.S. Treasury Regulations to inform you that, to the extent this message (including any attachment) includes any federal tax advice, this message is not intended or written by the sender to he used, and cannot be used, for the purpose of avoiding federal tax penalties under the Internal Revenue Code or applicable state or local tax law provisions. 1 Burning Mountains Fire Protection District burningmnts fpdamsn.com Glenn Hartmann Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Reference: Dutch Major Subdivision Exemption November 2, 2011 Glenn: I have reviewed the referral request of Dutch Major Subdivision Exemption, file number MAEA-6931 and have the following comments for this proposed subdivision. This subdivision is located 2.7 miles from the Silt fire station and takes approximately 10 minutes to respond to this area of our fire district. In this specific area there is no year around water supply for fire fighting, (fire hydrant with in 1000'). We would be responding with a minimum of two fire apparatus to a structure fire in this area which would be bring 2,750 gallons of water for fire fighting. The minimum water supply required by the International Fire Code 2009, B105.1, is for one- and two-family dwellings having a fire -flow calculation area that does not exceed 3,600 square feet shall be 1,000 gallons per minute for 1 hour. IFC allows a fire flow reduction of 50% if the building is equipped with an approved automatic sprinkler system. NFPA 1142 Water Supplies for Suburban and Rural Fire Fighting gives a calculation for one- and two- family dwellings based on cubic feet, hazard class, and construction type. Due to no information on what size homes could be built on the lots NFPA 1142 gives no guideline for water supply. Insurance Rating Services (ISO) uses 30,000 gallons of water as a minimum approved water supply to help lower insurance rates for homes that are not within 1,000 feet of a fire hydrant. Burning Mountains Fire will require 30,000 gallons of approved year around water storage for this four lot subdivision. This water supply can be reduced by 50% if homes (any new homes), are sprinkled with an approved automatic sprinkler system. Year around water supplies shall be accessible by fire apparatus and approved by the fire department. Access easement to water supply will also be required. Fire department access roads shall be built to all weather driving surfaces and support the superimposed weight of fire apparatus. Roads that supply more that residence based on location will be 20' in width. Access roads that supply only one residence shall be a minimum of 14' of width. A fire truck turnaround shall be installed if the access road is longer than 150' from main access road. Please contact me with any questions or concerns. Orrin D. Moon, Fire Marshal President, Karen Maddalone-Cochran Secretary, Kevin Erpestad Director, John Moore Jr. Fire Chief, Brit C. McLin Treasurer, Jim Voorheis Director, Megan Richards Station #1 Administration PO Box 2 611 Main Street Silt, CO 81652 (970) 876-5738 Fax (970) 876-2774 Station #2 731 West Main New Castle, Co 81647 (970) 984-3412 Station #3 5255 CR 335 New Castle, CO 81647 (970) 984-3323 Station #4 775 Castle Valley New Castle, CO 81647 (970) 984-3157 E Quo CTj0Z �i►A� 1850 Railroad Avenue Rifle, Colorado 81650 RIFLE COLORADO Phone: 970-625-1243 Fax: 970-625-2963 www.riflefiredept.org Private Water Supply Systems The adopted fire code for both the city of Rifle and Garfield County is the 2009 International Fire Code (IFC) 1. All buildings require an adequate supply of water designated for fire fighting (IFC 507.1). This water supply should be in place prior to construction and meet all other requirements of IFC ( 507.5 & Appendix C —fire hydrants, Appendix D- fire apparatus access roads,...) 2. A Municipal water source is the most reliable and effective water source. 3. Fire Flow Requirements are based off Appendix B in the IFC- The minimum requirement for a building of type IIIB construction and 14,000 square feet is 2,500 gpm for 2 hours = 300,000 gallons at 20 psi. This can be reduced by meeting the requirements of IFC B105.2. 4. IFC B 103.3 does allow the fire code official to utilize NFPA 1142 or the International Wild land Interface Code in areas in which adequate and reliable water supply systems do not exist. 5. The following two options have been allowed by the fire district in the past and can be considered when all of the above is impractical. THE FOLLOWING CAN ONLY BE ALLLOWED WITH WRITTEN APPROVAL BY THE FIRE PREVENTION DIVISION AND MAY AFFECT THE FIRE DISTRICT'S ABILITY TO ADEQUATELY PROTECT THE PROPERTY INVOVLED AND POSSIBLY INSURANCE RATES. • The fire district has allowed in the past a minimum of 30,000 gallons of fire protection water for subdivisions of 3 or more homes .AII pipes, pumps, cisterns, ponds, etc. must meet nationally recognized standards and be maintained. System is to be in place prior to issuance of building permits. It should be noted that this is the minimum amount of water necessary to meet the Districts requirements and our ability to fight a fully involved structure fire in these areas is limited. • If it is impractical for any of the above to be implemented, a requirement of fire sprinkler systems to be installed on all buildings can be implemented. This may also required an approved fire alarm system. 6. Design of the water supply system should take into account future growth. Building size, construction type and how close buildings are to one another could require an increase in water supply or restrict what can be built in the future. In addition, any building that requires a fire sprinkler system could increase the required storage and/or the need for code complaint fire pumps. 7. A private water supply system has to be designed to meet all applicable codes. A stamped engineered set of plans for the design of the private water system must be submitted and reviewed by the fire prevention division. 8. A functional test of the system is required by the fire district prior to occupancy with the design engineer, installer and owner /manager present. RIFLE COLORADO 1850 Railroad Avenue Rifle, Colorado 81650 Phone: 970-625-1243 Fax: 970-625-2963 www.riflefiredept.org 9. Private water supply systems shall be periodically inspected, tested and maintained according to NFPA 25 (IFC 507.5). Documentation of the responsible party, the schedule and client training shall be provided by the designer of the water supply system to the fire district. 10. Maintenance records shall be maintained by the owner for three years. 11. The fire district will schedule an annual functional test of the system with the owner or his designee. 12. All water storage tanks shall have freeze protection. November 3, 2011 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTfiIN CROSS ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Review of Dutch Major Subdivision Exemption: MAEA-6931 Dear Glenn: NOV 1 4 2 This office has performed a review of the documents provided for the Major Subdivision Exemption Permit Application of the Dutch Major Subdivision Exemption. The submittal was found to be thorough and well organized. The following questions, concerns, or comments were generated: 1. There is a well, Permit No. 30778, which is shown on Lot 2 that has no easement. The application materials do not describe what is intended for this well. The Applicant should identify the proposed use of this well, per Section 7-104 of the ULUR. 2. The application materials show evidence of irrigation rights but do not specify the intent of how these are to be divided among the four proposed lots. The Applicant should address their intent, per Section 7-104 of the ULUR. 3. The Applicant proposes to submit a well sharing agreement that is, "...substantially similar..." to the one included in the application. The Applicant proposes to submit this prior to approvals. The well sharing agreement is a requirement of Section 7-104 of the ULUR. This office would recommend a final agreement be submitted as part of the application materials however this office would defer to the determination of Garfield County Legal staff on a deferred submission and whether or not it is substantially similar. 4. The Applicant proposes to submit the pump test and water quality results of the wells prior to approvals. These tests were not submitted with the application materials. No evidence of an adequate, physical water supply was included. The Applicant should provide evidence of adequacy of the physical supply for all the wells, per Section 7-104 of the ULUR. 5. The application explains the proximity to fire protection services and proposes that the irrigation water might be used for fire protection. To comply with Section 7-403 of the ULUR the Applicant should contact the local Fire Protection District and obtain their approval. 6. The Applicant will need to obtain Access Permits from Road and Bridge for the proposed driveways for Lots 2 and 3, per Section 7-108 of the ULUR. 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com Dutch Major Exemption Page 2 of 2 November, 2011 7. The Applicant should provide evidence from the applicable utility companies that service will be provided to the proposed exemption lots, per Section 7-107 of the ULUR. Feel free to call if you have any questions or comments. Sincerely, Mounta Cross Engineeri /L4.1 Chris Hale, PE g MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design 826 V2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Glenn Hartmann From: Steve Anthony Sent: Wednesday, October 26, 2011 3:45 PM To: Glenn Hartmann Subject: Dutch Major Sub. Comments Attachments: MemoDutchsubExemption.doc; GARFIELD COUNTY NOXIOUS WEED LIST2010.doc; 2011 RussianOliveTamariskProgram.doc Hi Glenn Here are my comments on the Dutch Major subdivision exemption. Also attached is the County Noxious Weed List and information about the county's Russian olive and Tamarisk program. I drove by the site this morning and there are several Russian olive trees, possibly some Scotch thistle but I couldn't tell for certain. Steve Anthony Garfield County Vegetation Manager 0298 CR 333A Rifle CO 81650 Office: 970-625-8601 Fax: 970-625-8627 Email: santhony(a ciarfield-county.com 1 MEMORANDUM To: Glenn Hartmann From: Steve Anthony Re: Comments on the Dutch Major Subdivision Exemption (MAEA-6931) Date: October 26, 2011 Staff requests that the applicant survey the property for Garfield County listed noxious weeds and provide a weed inventory and weed map of the site. There are some Russian olives on site and there may be Scotch thistle located on the property as well. It is requested that the applicant provide a weed management plan that addresses inventoried, County listed noxious weeds. Staff can assist in weed identification if necessary and the county does offer a weed -cost share program that offers partial financial reimbursement for the treatment of county -listed noxious weeds. There is also a program available that assists county landowners in the treatment of Russian olive and tamarisk trees. This office is available to provide weed identification assistance if necessary. GARFIELD COUNTY NOXIOUS WEED LIST STATE DESIGNATIONS Common name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Also State Listed species: Absinth wormwood Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum officinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea diffusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrical Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia State List B B A B B C B B B B B B B B B B C C B A B Artemsia absinthium B Glenn Hartmann From: Jim Rada Sent: Friday, October 28, 2011 1:39 PM To: Glenn Hartmann Subject: MAEA-6931 Dutch major Subdivision Exemption Glenn No issues with the referenced application. Thanks for the opportunity to review. .Jim Rada Environmental Health Manager Garfield County Public Health 195 W.14th Street Rifle. CO 81650 Phone - 970-825-5200 x8113 Direct - 970-825-6383 Fax - 970-825-8304 Cell - 970-319-1579 jradaFgarfield-county.com www.garfield-county.com STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 November 4, 2011 Mr. Glenn Hartmann Garfield County Building and Planning 108 8th Street Suite 401 Glenwood Springs, CO 81601 ghartmann@garfield-countv.com Re: Dutch Major Subdivision, GA -12-0001_1 Dear Mr. Hartmann: COLORA I )O DEPARTMENT OF NATURAL RESOURCES John Hickenlooper Governor Michael King Executive Director Vincent Matthews Division Director and State Geologist Thank you for the submittal of the above referenced proposal. The proposal is to subdivide 52 acres into four single-family lots. Existing homes are located on Lots 1 and 4. Lot 2 is 6.6 acres and Lot 3 is 12.7 acres in size. An irrigation ditch serves as the boundary between Lots 1 and 2 and another irrigation easement serves as the boundary separating Lot 1 from Lots 3 and 4. Most of the site is irrigated fields. A soil survey report was submitted with the application. Except for Lot 2, the site generally slopes gently. The center of Lot 2 contains a ridge that slopes steeply north and south of the ridge. Small east -west drainage crosses the north section of Lot 2. There do not appear to be any geologic hazards that will prevent additional site development. However, there are several soil and slope constraints that should be considered when building sites are selected and homes are built. Slope Instability Lot 2 appears to be underlain by claystone, mudstone, siltstone and sandstone of the Shire member of the Wasatch Formation. This geologic unit is prone to landsliding on steep slopes. Some soil creep is evident on steeper slopes within Lot 2. Large-scale instability is unlikely; however, construction -related instability could occur if steep cuts were made into the hillside. Home sites and septic systems should be located where minimal grading is required. Accelerated Erosion Except for Lot 2, most of the site appears to be underlain by wind-blown loess and sheetwash deposits. Gullying commonly occurs in sheetwash and loess deposits where runoff is concentrated. Piping can also be found in roads in the area. Areas disturbed during construction should be protected against erosion and revegetated. If possible, runoff should not be concentrated and should not be discharged, in an uncontrolled manner, down steeper slopes. Hydrocompaction Poorly consolidated wind-blown loess and sheetwash deposits are prone to hydrocompaction. Such soil may become unstable when wetted and/or loaded and can damages homes and septic systems. Building sites should be evaluated for hydrocompactive soil. November 4, 2011 Page 2 Mr. Glenn Hartmann Expansive Soil Soil across the site can also contain silty clays that may be expansive when wet. Such conditions would likely be limited and not a high risk. Summary In summary, before building permits are issued, it would be prudent for the county to require that a site-specific soils and foundation investigation be done for each lot. Due to erosion and stability concerns, minimizing grading is recommended, especially on steeper areas within Lot 2. Please contact me if you have any questions or concerns. I can be reached at 303.866.2611 ext. 8315 or by email at karen.berry@state.co.us. Sincerely, Karen A. Berry Acting Deputy Director Geological Engineer, PG, AICP, CPESC-SWQ Nov, 2. 2011 1:18PM XcelEnergysM PUBLIC SERVICE COMPANY November 2, 2011 Garfield County Building and Planning Department 108 — 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Fax: 970384-3470 Attn: Glenn Hartmann Re: Dutch Major Subdivision Exemption o. 1075 P. 1 Right of Way & permits 1123 West 3'd Avenue Denver, Colorado 80223 Telephone: 303.671.3306 Facsimile: 303. 571.3524 donna.l.george[5�xcelenergy.Com Public Service Company of Colorado (PSCo) has reviewed the plans for Dutch Major Subdivision Exemption and has no apparent conflict. Should there be future development within the proposed subdivision, the property owner/developer/contractor must contact the Builder's Call tine at 1-800-628-2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1.800.922.1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Sin erely, (.i% Donna George Contract Right of Way Referral Processor Public Service Company of Colorado Glenn Hartmann From: Janet Aluise [jaluise@townofsilt.org] Sent: Wednesday, November 02, 2011 3:50 PM To: Glenn Hartmann Cc: 'Pamela K. Woods' Subject: Dutch Major Exemption Application Hello Glenn: The Silt Planning & Zoning Commission reviewed the Dutch Major Exemption application at its November 1, 2011 regular meeting. The Commission had the following comments: 1) The Town would prefer to see clustering of housing units and the bulk of land held in common ownership, with the ability to preserve farmland; 2) The Town would prefer to see central water and sewage disposal systems, in order to avoid contamination of ground water and the waste of valuable land for leach fields; 3) The Town would respectfully request that all traffic from these proposed lots utilize Ukele Lane, which would minimize impact to Town streets (western Harness Lane) and 1St Street from a county development. Thanks very much for the opportunity to comment on this application. Janet Aluise, Community Development Director Town of Silt 231 N. 7th Street P.O. Box 70 Silt, CO 81652 (970) 876-2353 Ext. 14 (970) 876-2937 Fax jaluise@townofsilt.org www.townofsilt.org 1