HomeMy WebLinkAbout2.0 PC Staff Report 04.13.2005• •
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
APPLICANT / OWNER
LOCATION
PROPERTY SIZE
S1'1h DATA
WATER
SEWER
ACCESS
EXISTING ZONING
PC 04/13/05
FJ
Sketch Plan: Red Canyon Ranch Subdivision
F. Peter Simmons
Spring Valley east of Glenwood Springs
30.45 - acres
4 Lots with an ADU on each lot
Individual Wells (Basalt Water Conservancy District)
ISDS
County Road 115 (Red Canyon Road)
A/R/RD
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I. GENERAL PROJECT INFORMATION
The Applicant proposes to subdivide Lot 1 of the Simmons Subdivision Exemption (a 30.45 -acre
property) in the Spring Valley area into 4 residential lots where the lot sizes range from 5.47 acres
to 10.72 acres. The Applicant intends to obtain approval for Accessory Dwelling Units (ADUs) on
each lot for a total of two dwelling units per lot and a total of eight (8) for the subdivision. Access
to the lots from a public road would be provided by CR 115 (Red Mountain Road). Water is to be
provided by individual wells on each lot with augmentation water provided by the Basalt Water
Conservancy District. Wastewater will be handled by individual sewage disposal systems (ISDS)
constructed at the time residential structures are constructed.
The property is presently improved with a single-family dwelling, barn, well, and a pond which is
all located on proposed Lot 1. A 30 -foot wide access easement beginning at CR 115 presently
serves as the driveway to the existing house from CR 115 but also continues on to provide access to
Lot 3 of the Simmons Exemption created in 1991 and is located to the north and adjacent to the
subject property. The property can be characterized as have undulating topography with relatively
minimal to moderate slopes ranging from 15% to 25%.
REFERRAL COMMENTS
The application was referred to the following entities for comments:
A. County Road and Bridge Department: It is the recommendation of Road and Bridge that Mr.
Simmons access all four lots from the existing driveway. The current access enters the
county road at two locations, and with the current sketch plan the existing driveway runs
right along the edge of lots three and four, which should provide adequate access to both
lots. (See attached email.)
B. Glenwood Springs Fire Protection District: Stated the property is not located in the District
and therefore, the County would need to contract with the District to provide fire protection
to the subdivision. (See attached letter.)
III. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN
The pro -rty is located within Study Area 1 which has been designated as "Residential Medium
Density" o he proposed land use designation map in the Comprehensive Plan. This designation
indicates reside al development is appropriate for this property at a density of 6 to less than 10
acres per dwelling 't. The proposed development (which includes an ADU on each lot) results in
an average density ods . Cres per dwelling unit. The proposed development represents a
significant increase to the proposed density and is therefore not compatible and does not conform to
the Comprehensive plan map. In fact, the proposed plan represents a 37% increase of what is
contemplated in the plan. If the development were to eliminate the ADUs the density for the
development (7.6 acres / d.u.) would be compatible and would conform to the proposed densities
planned for that area.
The reason for the 6 to 9 acres per dwelling unit was a result of the existing land uses in the area
combined with the land suitability analysis methodology basically defining carrying capacity based
on environmental constraints on the ground. Ultimately, the requirement for a development
proposal is such that it is required to demonstrate conformity and compatibility with the
Comprehensive Plan. The most significant component of the Plan is the proposed density for the
area. Density is the driving force which generates the impacts that the goals and policies of the Plan
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were crafted to address. While the goals and policies are certainly important, they are designed
more as performance measures for a host of issues ranging from site design to housing. Density, on
the other hand, is a very quantifiable element which lies at the very core of growth and serves as the
entire base of the plan itself. Based on this analysis, Staff cannot find the proposed development
demonstrates conformity and compatibility with the Comprehensive Plan.
IV. APPLICABLE ZONING REGULATIONS
The following is an analysis of the proposed development with the required zoning regulations of
the ARRD zone district.
A. Proposed Uses
1. The Applicant proposes single-family residential development on all 4 lots which is a
"use by right" in the A/R/RD zone district and is therefore consistent with the
underlying zone district. For other uses, the Applicant should consult Section 3.02 of the
Zoning Resolution.
2. Accessory Dwelling Units (ADUs): While normally requiring a Special Use Permit in
the ARRD zone district, ADUs may be approved as a use -by -right on each lot if they are
included and evaluated within the subdivision development review. However, the
review standards which govern ADUs shall also need to be met. These standards
(Section 5.03.21 of the Zoning Resolution of 1978, as amended) are provided here:
D The minimum lot size shall be four (4) acres containing a building site with slopes
less than 40% at least two (2) acres in size.
D The gross floor area for residential use occupancy shall not exceed 1500 sq. ft.
D Approval from the subdivision homeowners association and/or allowed by covenant
if applicable.
D Proof of a legally adequate source of water for an additional dwelling unit.
D Compliance with the County individual sewage disposal system regulations or Proof
of a legal ability to connect to an approved central sewage treatment facility.
D Only leasehold interests in the dwelling units are allowed.
D. That all construction complies with the appropriate County building code
Requirements.
B. Common Dimensional Requirements
1. Minimum Lot Size of 2 acres: The Applicant proposes the 30.45 -acre property be
subdivided into four (4) lots that range from 5.47 acres to 10.72 acres. This proposed
acreage not only satisfies the minimum lot size in the zoning but also satisfies the 4 -
acres required to sustain an ADU on each lot. A two -acre building site will need to be
identified on the preliminary plan on all of the lots for which ADUs are contemplated.
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2. Maximum Lot Coverage: Fifteen percent (15%)
3. Minimum Setback:
o Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty
(50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet
from street centerline or twenty-five (25) feet from front lot line, whichever is
greater;
o Rear yard: Twenty-five (25) feet from rear lot line;
o Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the
principal building, whichever is greater.
4. Maximum Height of Buildings: Twenty-five (25) feet
V. APPLICABLE SUBDIVISION REGULATIONS
The following section addresses common subdivision components that will need to be addressed as
part of their preliminary plan and final plat submittal to the County.
A. Domestic & Irrigation Water
Proposed Lot 1 contains an existing well presently serving the single-family residence. The
Applicant proposes to provide water to Lots 2 — 4 by installing individual wells on each lot and
obtaining an augmentation contract from the Basalt Water Conservancy District for legal water
rights for each well. The Applicant submitted a "Memorandum of Water Allotment Contract"
with the application which indicates a contract has been effected for Lot 1 of the Simmons
Exemption; however, the Applicant shall be required to submit a copy of the actual contract as
partial proof of an adequate legal water supply. The application also states that well permits are
in process of being obtained for lots 2 — 4. These permits will also need to be provided as proof
of a legal water supply at the time of preliminary plan so that the Colorado Division of Water
Resources can determine if an injury to decreed water rights exists as a result of the proposal.
Further, the Applicant will need to determine the ownership of the augmentation water from the
Basalt Water Conservancy District. This shall need to be demonstrated at the time of
preliminary plan as to what entity will own the water purchased under that contract. (Typically,
the contract water is owned by an Homeowners Association.)
So that the Applicant remains aware of what is required in terms of the submittal information
for the preliminary plan, the requirements are included here for reference and can also be found
in Sections 4:91 and 9:00 of the Subdivision Regulations.
Section 4:91 of the Subdivision Regulations requires that a water supply plan, at the same
scale as the Preliminary Plan, shall provide the following information in graphic and/or
written form:
A. In all instances, evidence that a water supply, sufficient in terms of quality, quantity and
dependability, shall be available to ensure an adequate supply of water for the proposed
subdivision. Such evidence may include, but shall not be limited to:
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1. Evidence of ownership or right of acquisition or sue of existing and proposed
water rights;
2. Historic use and estimated yield of claimed water rights;
3. Amenability of existing right to change in use;
4. Evidence that public or private water owners can and will supply water to the
proposed subdivision, including the amount of water available for use within the
subdivision by such providers, the feasibility of extending service to the area, proof
of the legal dependability of the proposed water supply and the representation that
all necessary water rights have been obtained or will be obtained or adjudicated,
prior to submission of the final plat; and
5. Evidence concerning the potability of the proposed water supply for the
subdivision.
B. If a central supply and distribution system is to be provided, a general description of the
system, as designed by a Colorado registered engineer. In addition:
1. Nature of the legal entity which will own and operate the water system; and
2. Proposed method of financing the water system.
C. If connection is to be made to an existing water system, a letter from an authorized
representative of said system staging that the proposed development will be served, and
evidence from either the Colorado State Engineer's Office or Water Court, Water Division
No. 5, that the existing water system presently possesses adequate legal water supply to
serve the proposed development;
D. If individual water systems shall be provided by lot owners, a report indicating the
availability of ample potable ground water at reasonable depths throughout the subdivision
and the expected quality and long-term yield of such wells, with the written report by a
registered professional engineer licensed by the State of Colorado, qualified to perform
such work; and
E. If applicable, a Plan of Augmentation and a plan for subdivision water supplies, as
required by law, with the supporting engineering work signed by a Colorado registered
engineer, shall be submitted by the applicant, even if the applicant is not the actual supplier
of water.
Section 9:51 requires an adequate potable and irrigation water supply shall be available to
all lots within a subdivision, taking into consideration peak demands to service total
development population, irrigation uses, and adequate fire protection requirements in
accordance with recognized and customary engineering standards.
9:52 Individual wells may be used as the water supply, provided the applicant has submitted
the required documentation to the appropriate water court, and the Colorado Division of
Water Resources will approve well drilling permits for all lots within the development.
9:53 Central water systems shall be designed by an engineer qualified to design water
systems and be a registered professional engineer licensed by the State of Colorado.
Central water and treatment and storage facilities shall be approved by the Colorado
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Department of Health. All lines in a central water system should be looped, with no dead
ends included in the system. Where dead ends are proposed for cul-de-sacs, there will either
be a fire hydrant or blow -off valve at the end of the line.
9:54 Water supply stems, on -lot or otherwise located in a floodplain, shall be designed to
minimize or eliminate infiltration and avoid impairment during or subsequent to flooding.
9:55 All water mains shall be a minimum diameter of four inches (4"), provided storage
facilities adequate for fire protection are available.
A. Waste Disposal
The Applicant proposes that each lot will install ISDS to handle waste water for each residence.
Permits for ISDS would be obtained during the building permit process with the County as the
lots are improved. It appears from the soils classified for the subject property that they are
"severe" due to slope, slow percolation, and poor filtering in terms of being able to adequately
handle septic systems / leach fields. In cases such as this, it is often required that the following
plat note be required to provide disclosure to the potential lot purchasers that septic systems will
need to have site specific analysis and engineering.
"Individual Sewage Disposal Systems shall be engineered by a Professional Registered
Engineer within the State of Colorado."
This issue will need further investigation in a geotech report to be provided at the time of
preliminary plan. (See Section 4:70 of the Subdivision regulations.)
[Staff also notes that Spring Valley Sanitation District is located in the general area and should
be contacted to see if central sewer could be provided to this area.]
B. Roads /Access
Access to Lot 1 will be provided by an existing driveway from CR 115. Access to Lot 2 will be
provided by the same existing driveway. The Applicant states that access to Lots 3 and 4 will
come directly from CR 115 as that public road will front both of those lots. The application also
states that early discussions with the Road and Bridge Department indicated that driveway
access permits will be provided at the time the preliminary plan is submitted.
The Applicant proposes that access to Lots 1 and 2 will be from an existing driveway from CR
115. There are four issues with that design:
1) Any driveway serving more than one lot is considered to be a "public road" dedicated to
the public similar to an internal subdivision road and shall be required to be design to
the "Primitive Residential" standard (see Section 9:35 of the Subdivision Regulations);
2) The existing driveway is governed by a recorded access easement presumably created to
also provide access to Lot 3 of the Simmons Exemption. It is unclear if this easement is
a "non-exclusive" easement or restricts the type and intensity of vehicle traffic. This will
need to be addressed;
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3) Because a shared driveway is a public road as discussed in point no. 1 above, and
because it only provides that access to the eastern edge of Lot 1 from CR 115, it is also
considered to be a dead end cul-de-sac which is required to be less than 600 linear feet
in length. This proposed road is approximately 1,000 linear feet long exceeding this
standard. The Board of County Commissioners may approve longer cul-de-sacs if there
is adequate alternate emergency access route as part of the design. It appears this route
may already exist by way of an existing 30 -foot wide access easement from CR 115,
across Lot 3 of the Simmons Exemption to Lot 2 of the Simmons Exemption which is
land locked to the west of the subject property. This may serve as that alternate route
thereby satisfying the standard. (An easement [attached] is in place across Lot 3 of the
Simmons Exemption for the benefit of access to the barn on lot 1 by the owners of Lot 1
of the Simmons Exemption. The terms of this easement may need to be adjusted if the
road is to be used also as an emergency access route for the proposed subdivision.) This
will need to be addressed; and
t\
Regarding access and site design, it appears the existing driveway serving proposed Lots
1 and 2 could also serve Lots 3 and 4 internally rather than proposing access to Lots 3
and 4 come directly from the county road. By providing internal access to these lots
from an internal road, there would be no need to make two additional driveway cuts into
the county road system which the Road and Bridge Department prefers due to the safety
issues resulting from additional turning movements onto the county road as well as
impacts to the roads structural integrity. Ideally, the existing driveway could serve as
the main internal subdivision road with the access easement across Lot 3 of the
Simmons Exemption serving as the secondary emergency access. If this were the case,
the road would need to be designed to the "Semi -Primitive" standard requiring, among
other things, a right-of-way (ROW) width of 40 feet with two 8 -foot driving lanes and
having a gravel surface.
C. Fire Protection
The property is not located within any approved / recognized Fire Protection District (the
District) in Garfield County. Staff did refer the sketch plan to Glenwood Fire Protection District
for comments which indicated that the subject property is not in the District and that the County
will need to enter into a separate contractual agreement with the District to provide this service.
(See attached letter.)
In this case, the County recently adopted the 2003 International Fire Code (the Fire Code) for
the entire county; however, in areas which fall outside of a fire district, the Board of County
Commissioners is responsible for enforcement of that Fire Code. Staff suggests the Applicant
look into some type of contractual agreement between the County and the Glenwood Fire
Protection District for fire protection for the subdivision.
In any event, all applications are required to provide a fire protection plan that addresses the fire
protection standards in Section 9:70 of the Subdivision Regulations that are listed here and
others as may be required by the Fire Protection District:
9:71 Subdivision fire protection plans shall be reviewed by the appropriate fire protection
district to ensure that all lots have primary and secondary access points to escape fire
entrapment.
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9:72 Where a central water system has fire hydrants, all fire hydrants shall meet the
specifications for the appropriate fire protection agency, particularly with regard to thread
size on the fire hydrants.
ere there is no central water system available, a central located fire protection
e tank shall be designed to meet the fire protection needs of the subdivision and be
oved by the appropriate fire district.
9:74 Water used for fire protection purposes does not have to be potable water and may be
from a source separate from the domestic supply.
D. Drainage/Floodplain Issues
The Applicant will be required to address the following:
4:80 SUPPLEMENTAL INFORMATION: DRAINAGE PLAN
A drainage plan, at the same scale as the Preliminary Plan and prepared by an engineer
registered in the State of Colorado, shall depict the following information in graphic and/or
written form:
A. Existing water courses and lakes;
B. Limits of tributary areas, where practical;
C. Computations of expected tributary flows; and
D. Design of drainage facilities to prevent storm waters in excess of historic run-off
from entering, damaging or being carried by existing drainage facilities, and to
prevent major damage or flooding of residences in a one hundred (100) year storm,
showing:
1. Area subject to inundation; and
2. Location and size of proposed culverts, bridges, ditches and channels.
9:41 Drainage easements, channels, culverts and required bridges shall be designed by an
engineer registered in the State of Colorado.
9:42 All drainage facilities shall be designed based on a twenty-five (25) year frequency
storm.
9:43 Where new developments create run-off in excess of historic site levels, the use of
detention ditches and ponds may be required to retain up to a one hundred (100) year
storm.
9:44 All culverts shall be designed such that the exposed ends are protected by encasement
in concrete or extended a minimum of three feet (3') beyond the driving surface on each
side. Culverts, drainage pipes and bridges shall be designed and constructed in accordance
with AASHO recommendations for an H-20 live load.
E. Wildlife
No information was provided regarding the issue of wildlife. The Applicant shall be required to
address the following at preliminary plan:
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4:70(D) Wildlife - Description of wildlife habitation, including big game ranges based on
the mapping practices of the Colorado Division of Wildlife.
F. Soils / Geology
The Applicant shall also address the following section in the Subdivision Regulations for
preliminary plan:
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND
WILDLIFE
Information on the following characteristics of the area proposed for subdivision shall be
shown graphically and/or by reports, whatever is appropriate, for a complete description of
existing conditions, and shall include:
A. Geology - Description and/or illustration by a registered professional engineer licensed
by the State of Colorado of bedrock lithology and the stratigraphy of overlaying
unconsolidated materials in sufficient detail to indicate any potential development
problems resulting from groundwater, subsidence, instability in road excavations and ills,
expansive soils, drainage patterns, structural bearing strength, or the like;
G. Vegetation
The Applicant shall be required to provide a weed management plan to be approved by the
County Vegetation Manager as well as provide a revegetation security prior to final plat to
ensure that any required revegetation is established for improvements made in the subdivision.
The Applicant shall also address the following section in the Subdivision Regulations:
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND
WILDLIFE
B. Vegetation - Map and description of plant associations following practices of the Soil
Conservation Service and including a description of adapted materials and the location of
major tree masses.
H. Mineral Estate
It is unclear if the property's mineral estate has been severed and is owned or leased to another
party. If so, the Applicant shall include a plat note on the final plat stating the following: "The
mineral rights associated with this property have been partially or wholly severed and are not
fully intact or 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)."
I. Easements
There is one access easement which traverses the property that also provides access to Lot 3 of
the Simmons Exemption from CR 115. It remains unclear if the uses contemplated in the terms
of that 30 -foot wide easement also allow for subdivision. The terms of the easement across Lot
3 of the Simmons Exemption which could serve as a secondary access easement may need to be
modified to accommodate that use as well as the terms of the maintenance agreement for those
who have the right to access the road. This will need to be addressed.
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J. Assessment / Fees
The property is located in Traffic Study Area 10 which requires a $195 per average daily trip
(ADT) fee be paid to the County in a traffic impact fee. This fee will be figured at the time of
final plat. The Applicant could expect to pay an approximate fee of $14,929.20 of which 1/2 shall
be paid at final plat and included as a component of the Subdivision Improvement Agreement
(SIA). The remaining half shall be divided among the lots to be paid at the time building
permits are submitted to the County for individual lot development. (This calculation assumes
the ADUs are included.)
The development is also located in the RE -1 School District. As such the developer is required
to either dedicate a portion of land to the district or pay the appropriate School Site Acquisition
Fee to be paid at final plat and included as a component of the Subdivision Improvement
Agreement (SIA). This fee is generally calculated from the assessed unimproved market value
of the parent property.
K. Recommended Plat Notes/ Covenants
Please be aware, the County requires the Applicant place the following plat notes be
included on the final plat and in protective covenants:
1. "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. All must be
prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on
public roads, livestock on public 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."
2. "No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision.
One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., 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."
3. "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."
4. "All exterior lighting will be the minimum amount necessary and all exterior lighting
will be directed inward and downward towards the interior of the subdivision, except
that provisions may be made to allow for safety lighting that goes beyond the property
boundaries."
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5. "One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries."
6. "The mineral rights associated with this property have been partially or wholly severed
and are not fully intact or 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)."
L. Sketch Plan Comments and Preliminary Plan Review
The Sketch Plan comments shall be valid for a period not to exceed one (1) year from the date
of the Planning Commission review. If a Preliminary Plan for the proposed subdivision is not
presented to the Garfield County Planning Commission by that date, the Applicant will have to
submit an updated Sketch Plan application to the Planning Department for review and
comparison with the original application.
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Fred Jarman
• Page l of l
From: Bobby Branham
Sent: Wednesday, April 06, 2005 1:39 PM
To: Fred Jarman
Subject: Red Canyon Ranch Subdivision
Fred,
I have reviewed the sketch plan for the Red Canyon Ranch Subdivision and conducted a site visit.
It is the recommendation of Road and Bridge that Mr. Simmons access all four lots from the existing driveway.
The current access enters the county road at two locations, and with the current sketch plan the existing
driveway runs right along the edge of lots three and four, which should provide adequate access to both lots.
Bobby Branham
Dist. 1, Road and Bridge
4/6/2005
March 31, 2005
OEPARI.°
Mark Bean, Director of Garfield County Building/Planning
Court House Plaza
108 8rh Street
Glenwood Springs, CO 81601
Dear Mark,
Fred Jarman has forwarded to me the application for the Red
to review and comment on. This proposed subdivision is loc
115, Glenwood Springs. It has a Glenwood Springs address
fire district boundaries. It is also located outside the boundari
Protection District.
At this time Garfield County has not entered into a contract
review and comment on project applications that are outside
The topic of contracting with fire departments to provide this
30-15-401.5 in the Colorado Revised Status. In speaking wit
reasons it is also in the county's best interest to set up contras
fire districts to conduct these types of reviews.
There is not enough time to address the above issues before
application, yet comments are needed because the location o
If possible talk with Don and the BOCC to find out how thes
reviewed legally by fire departments while the more structur
place. I look forward to your reply.
Sincerely,
L CC(
Ronald L. Biggers
iepartment
Canyon Ranch Subdivision
ted at 6000 County Road
ut is located outside of our
es of the Carbondale's Fire
rith our fire district to
)ur fire district boundaries.
service is address in section
i Don he feels for legal
;tual agreements with the
red needs comments on this
'this proposed subdivision.
applications can be
contract system is put in
ECEI'VED
MAR 3 1 2005
GARHELU COUNTY
BUILDING & PLANNING
101 WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506