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Home My WebLink About2.0 Staff Report 04.02.20157W Guest Ranch Minor Subdivision - Exhibits Administrative Review (File MISA-8031) Applicant is 7W Guest Ranch, LLC April 2, 2015 Exhibit Letter (Numerical) Exhibit Description 1 Public Hearing Notice Information 2 Receipts from Mailing Notice 3 Garfield County Land Use and Development Code, as amended 4 Garfield County Comprehensive Plan of 2030 5 Application 6 Staff Report 7 Referral Comments from Garfield County Road and Bridge (dated January 22, 2015) 8 Referral Comments from Mountain Cross Engineering (dated February 2, 2015) 9 Referral Comments from the Colorado Division of Water Resources (dated February 3, 2015) 10 Resolution of Approval 2005-24 for a Resort Special Use Permit 11 Resolution of Approval 95-045 for a Resort Special Use Permit 12 Special Use Permit and Resolution of Approval 2004-42 for an Accessory Dwelling Unit 13 Well Pump Test from J&M Pump Inc. (dated January 15, 2015) 14 Well Water Quality Test from CDPHE Laboratory Services Division (dated January 15, 2015) 15 Referral Comments from Garfield County Vegetation Management (dated February 4, 2015) 16 Referral Comments from Garfield County Surveyor (dated February 5, 2015) 17 Referral Comments from the Colorado Geological Survey (dated February 6, 2015) 18 Referral Comments from Colorado Parks and Wildlife (dated February 6, 2015) 19 Letter from Julie Hanson of Beattie, Chadwick and Houpt, P.C. (dated March 10, 2015) 20 Referral Comments from the Gypsum Fire Protection District (dated February 12, 2015) 21 Timeline Waiver Requests (dated February 11, 2015 and March 3, 2015) 7W Guest Ranch Minor Subdivision MISA-8031 April 2, 2015 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION REQUEST WATER/SANITATION ZONING COMPREHENSIVE PLAN Administrative Review — Minor Subdivision 7W Guest Ranch, LLC Brian Widhalm The property is located in Sweetwater with access off County Road 151. The address is 3412 Sweetwater Road (CR 151), Gypsum, CO 81637. Section: 28 Township: 3 Range: 87. A Parcel Of Land Situated in the NE1/4 Sec. 28 and S1/2 S1/2 SE 1/4 Sec. 21 & some in SE1/4 NW1/4 SW1/4 Sec. 22 on a property known by Assessor's Parcel No. 1863-281-00-118. Subdivision a 3 acre parcel from an existing approximately 218 acres parcel. Well and Spring / Septic Rural Residential Low Density — 10+ acres per dwelling unit I. DESCRIPTION OF THE PROPOSAL An Administrative application was submitted for a Minor Subdivision, with a request to subdivide an existing 218 acre parcel owned by 7W Guest Ranch, LLC into two parcels. The Applicant's request is to create one new 3 acre lot from the existing 218 acres which lie south of County Road 151 in Sweetwater. The proposed new 3 acre lot is to be developed with a single family dwelling unit. The existing 218 acre property currently contains a guest ranch business. An application from 1995 states that 7W Guest Ranch "is recognized as being the second oldest operating guest ranch in Colorado". The application goes on to state that the ranch has been in operation since 1947. Two applications were identified, one in 1995 and one in 2004, to expand the guest ranch. However, although the staff report from 2005 indicates that the Special Use Permit was issued in 1995 as a result of Resolution 95-045, no evidence was found that land use permits have been issued as a result of either of these applications. Notes in the 2004 file state that the Permit for expansion was never issued. In 1995, it was represented that the guest ranch had 8 dwelling units with a capacity for 16 guests and 9 employees. This application requested an expansion of the resort to 26 guests and 9 employees. In addition, an Accessory Dwelling Unit (ADU) was approved on the property in 2004. A domestic well is proposed for the new 3 -acre parcel while water rights and demand will remain unchanged for the remainder parcel. An Onsite Wastewater Treatment System (OWTS) is proposed for the new parcel. Proposed Lot 2 is to be served by two decreed springs and a domestic well. OWTS's are currently utilized and proposed to remain in place for Lot 2. II. DESCRIPTION OF THE SITE The site is currently developed with a guest ranch first reviewed in 1995 as well as an ADU approved in 2004 (Reception Number 651982). The property sits at about 8700 feet and is generally rolling. Proposed Lot 2 is sloped at about 15%. The property is vegetated with brush vegetation interspersed with stands of trees. r• Jf ctLa;o 76 1500 151 '55 c' 5 62 Vicinity Map 2 Aerial View of Subject Property 3 a.. .220000••, .&TT4 .AX4., 0112.0.4101.0. 3• W M .x.°21.0... 10110 02, V0.01041100..dar. •‘01 MIIMLIAV.VIIIt 1St 3NI ONIL133NI9N3 AN1Nf1OO H9IH t1 New r� •�vr� ,7 Parcel 2 _ 1.` :- • — T \k• ) 911 n _• f4 y 0 CR 151 14) Itkt s —.Re�_ *. aa rz� i/ pps Ck 1 clot4j� • 00 V10090WA1N1 O0 01.11441V0 NOM1AIOeM MOND,. N9NYM1Eif19ML oavao,m 717•J 71,ON•U 133.19.4 .43 4 d S a F • 0.: .11,1 RIP it?1141 re, • lith Site Plan 4 TO COUNTY ROAD 151 BURNT PARK TRAIL LLC DRIVEWAY ACCESS .'REAR 1 YARD ----f ACK Aerial and Anticipated Improvement Locations on Proposed Lot 2 III. WAIVER REQUESTS FROM STANDARDS The Applicant has requested the following waivers from the Standards: • The Applicant has requested a waiver from the maximum grade requirement of 12% for the driveway proposed Lots 1 and 2. Based on ADT, the driveway fits the Semi Primitive Roadway classification. 5 IV. AUTHORITY — APPLICABLE REGULATIONS A. Section 5-301 of the Land Use and Development Code (LUDC), designates the division of land that creates no more than 3 parcels, is served by a private well or water supply entity and does not require the extension, construction, or improvement of a County right-of-way, as requiring Administrative Review. B. Section 4-103 of the LUDC sets forth the Administrative Review Procedures by which the current Application is being considered. C. Article 7 of the LUDC sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Minor Subdivisions are also subject to Section 5-301(C) and 5- 402(F). The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Mountain Cross Engineering (See Exhibit 8): • Modify "no further subdivision" plat note to prohibit future subdivision on 3 -acre parcel while not disallowing future subdivision on 218 acre parcel. • The existing driveway does not meet the County standards and waivers have been requested for those discrepancies. The Applicant should provide more information on the locations and extents that do not meet the County standards and a plan showing the locations of the proposed improvements. • Verification that the fire marshal is in general approval with the plan should be submitted. • No water quantity or quality tests were provided. • Soils information for the site development or ISDS were provided. • No irrigation is proposed for the lot. Some irrigation water should be provided. • An access and maintenance agreement should be provided for the access to the new parcel. B. Colorado Division of Water Resources (DWR) (See Exhibit 9): • The DWR has indicated that "due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the well, the proposed water supply plan will cause material injury to existing water rights and is inadequate." C. Garfield County Road and Bridge (See Exhibit 7): • Road and Bridge has no concerns with the proposal. 6 E. Garfield County Vegetation Manager (See Exhibit 15): • Requests a weed map and inventory of all Garfield County listed noxious weeds. • Requests a weed management plan for any noxious weeds found as a result of the inventory. F. Garfield County Emergency Management: • Garfield County Emergency Management has indicated that they have no concerns with the proposal. G. Colorado Geological Survey (CGS)(See Exhibit 17): • Noted that "The site does not appear to contain or be exposed to any geologic hazards that would preclude the proposed residential use." • Noted that the property is "entirely underlain by very large mapped landslide or other slope failure -related deposits... [and] the Applicant should be aware that tan exceptionally heavy or prolonged rainfall or snowmelt event could result in destabilization and slope movement of unknown extent and magnitude." • Noted that due to the expansive qualities of the soils, a lot -specific geotechnical investigation should be conducted once the individual building location is determined. H. Colorado Parks and Wildlife (CPW)(See Exhibit 18): • Noted that no major impacts to wildlife is anticipated as a result of the proposed development. • Noted that significant numbers of deer, elk, turkey and other wildlife have been observed in the vicinity. • Recommends that the residents not allow pets to chase wildlife and to keep pets under physical control. I. Gypsum Fire Protection District (See Exhibit 20): • Noted that specific provisions for fire protection water were not defined in the application. Stated that the District would like to review fire protection measures at the time of building permit. VI. STAFF ANALYSIS Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The development on the property is in general conformance with the dimensional standards for the Rural zone district. The minimum lot size in the Rural zone district is 2 acres while the smallest lot proposed is 3 acres. 7 2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The property is located within the Residential Low (RL) land use designation. The Garfield County Comprehensive Plan of 2030 states: LAND USE DESIGNATION DESCRIPTION COMPATIBLE ZONING Residential Low (RL) Agricultural and related uses as well as home occupation uses that can be adequately buffered from adjacent incompatible uses. Rural (R) Planned Unit Development (PUD) Density of residential uses: 1 du per 10 acres Example: In accordance with the Garfield County Comprehensive Plan, the subdivision should maintain a density of 1 dwelling unit per 10 acres. Provided guest ranch use on the property, which is limited to 10 dwelling units, an approved ADU and the new parcel, a total of 12 dwelling units are permitted on the 218 acres. This amounts to a density of 1 dwelling unit per 12 acres and is in conformance with the intent of the Residential Low land use designation. 3. Section 7-103: Compatibility The proposed use is located in a rural area and is unlikely to significantly alter or impact the character of the area. The areas surrounding the subject property are predominantly large acreage residential in nature or public lands with some agriculture. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The application includes copies of an existing well permit (Permit No. 166915) for the property. It is understood that this well currently serves the guest ranch. The Division of Water Resources review comments (See Exhibit 9) state: "Uses are limited to fire protection, ordinary household purposes inside one single family dwelling, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals." The Applicant has subsequently indicated that the guest ranch located on Lot 1 is served by two decreed springs (See exhibit 19). 8 The application also includes a monitoring well permit for the well located on Lot 2 (Permit No. 289432). For this well, the Applicant has provided a 4 -hour pump test conducted on January 15, 2015 by J&M Pump Inc. (See Exhibit 13). The results of the pump test show a pump rate of 15 gallons per minute with a recovery rate of 100% in 6 minutes. In addition, the Applicant submitted a water quality test conducted by CDPHE Laboratory Services Division on January 15, 2015 which only tested for coliform and E. coli (See Exhibit 14). While the pump test shows that the well can provide adequate capacity, the water quality test did not cover all of the contaminants required in Section 4- 203(M)(1)(b)(5)(b). Staff recommends a condition of approval requiring the applicant to test the water for the full range of contaminants required by the LUDC. The results should then be reviewed by the Garfield County Engineer prior to signing the plat. In addition, the DWR issued comments on the subdivision that state: "The State Engineer offers the opinion that due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the well, the proposed water supply plan will cause material injury to existing water rights and is inadequate." To this end, Staff recommends a condition of approval requiring the applicant to provide an approved augmentation plan to the County. In addition, prior to signing of the plat, the Applicant will need to provide Garfield County with a valid well permit for Lot 2. 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems The Applicant is proposing to serve both Tots with an Onsite Wastewater Treatment System (OWTS). As the exact placement of the OWTS on proposed Lot 2 has not been determined, the Applicant has requested that the requirement to perform percolation tests be conducted at the time of permit for the OWTS. Comments from the Garfield County Engineer (See Exhibit 8), state that "The Applicant has submitted no information to determine if the site soils are suitable for the proposed ISDS". As a condition of approval, Staff recommends that the applicant provide soils information to be reviewed by the County Engineer prior to signing of the plat. For Lot 1, an OWTS (or ISDS) permit was not submitted as part of the application. While Staff was able to identify several different ISDS permits approved for the guest ranch, it will be necessary for the Applicant to confirm that all of the development which exists on Lot 1 is legally and adequately served. As a result, staff recommends a condition of approval that the Applicant provide evidence that the system(s) serving Lot 1 are both legal and adequate. 6. Section 7-106: Adequate Public Utilities The Applicant states that the property is able to be served with electricity. Any future extensions need to be in compliance with State requirements and inspected by the State Electrical Inspector. 9 7. Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department (see attached Exhibit 7). Mike Prehm of Garfield County Road and Bridge indicated that the road leading to both Lot 1 and Lot 2 is a private road. As a result, Road and Bridge has no concerns with the proposal. b. The Applicant has supplied information demonstrating how the driveway meets the design standards found in Section 7-107. This information, provided by the Applicant's Engineer, states that portions of the driveway exceed the maximum 12% grade as prescribed by County standards. The Applicant has requested a waiver from the maximum grade requirement of 12% for the driveway to the parcels, which fit into the Semi Primitive Roadway category based on ADT. Portions of the driveway have been represented to have grades approaching 14%. The Applicant's engineer suggests the use of 2 pullouts (one at 400 feet and one at 800 feet from the intersection with CR151). These pullouts have been represented to mitigate the safety concerns related to the excess grades. The Applicant's engineer states: The existing road meets the standards for 50 feet minimum radius and has sufficient sight distance to allow easy coordination of passing. This is not a safety concern due to the low speeds on the private road and the small typical traffic use for most of the residential units served from the property. The 22 foot wide proposed pullouts will go beyond the 16 foot wide lane width typical of the semi primitive road standards. Comments from the County Engineer state that "The Applicant should provide more information on the locations and extents that do not meet the County Standards and a plan showing the locations of the proposed improvements." Staff recommends a condition of approval that prior to the signing of the plat, the Applicant should provide more detailed locations for the pullouts to be reviewed by the County Engineer. In addition, the pullouts should be constructed prior to signing of the plat. The private driveway to the proposed Lot 2 is via an access easement to be dedicated on the plat. This driveway also provides access to Lot 1 (the guest ranch) and an adjacent property. While Staff understands that the intent is for Lot 2 to be owned by the current ranch manager, it is likely that the lot will be conveyed to another owner in the future. As a result, Staff suggests a condition of approval that a driveway sharing agreement be drafted and recorded prior to signing of the plat. This agreement should address ongoing maintenance of the driveway. 10 8. Section 7-108: Natural Hazards The Application represents that there are no natural hazards on the site that would impact the proposed development. The Applicant's engineer states that "There are not any known hazards on or uphill of the property that should restrict where the house can be placed on the 3 acre lot." The application was reviewed by the CGS (See Exhibit 17). CGS noted that noted that "The site does not appear to contain or be exposed to any geologic hazards that would preclude the proposed residential use." However, the property is "entirely underlain by very large mapped landslide or other slope failure -related deposits... [and] the Applicant should be aware that tan exceptionally heavy or prolonged rainfall or snowmelt event could result in destabilization and slope movement of unknown extent and magnitude." In addition, due to the expansive qualities of the soils, a lot -specific geotechnical investigation should be conducted once the individual building location is determined. As a result, Staff recommends a condition of approval that a geotechnical investigation be conducted at the time of building permit. 9. Section 7-109: Fire Protection The Application was referred to the Gypsum Fire Protection District. Comments from Justin Kirkland of the Gypsum Fire Protection District are attached as Exhibit 20. The Applicant's engineer states that the Fire Marshall, Justin Kirkland, would like to see a turnaround at the end of the driveway on Lot 2. The Applicant has represented that the building permit will be reviewed by the District to ensure that the turnaround is acceptable. Mr. Kirkland has indicated that he would like to review provisions for fire protection water at the time of building permit. A condition of approval requiring review of the fire protection water by the District at the time of building permit is recommended. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands Staff understands that the proposed Lot 2 is not currently in agricultural production. As a result, it is not anticipated that the proposed development would adversely affect existing or neighboring agricultural uses. 11. Section 7-202 Wildlife Habitat Areas According to CPW public data, the property is located within the range of black bear, elk, lynx potential habitat, mountain lion and mule deer. Referral comments from CPW (See Exhibit 18) indicate that that no major impacts to wildlife are anticipated as a result of the proposed development. CPW also noted that significant numbers of deer, elk, turkey and other wildlife have been observed in the vicinity. As a result, it is recommended that the residents not allow pets to chase wildlife and to keep pets under physical control. 11 12. Section 7-203 Protection of Waterbodies The proposed Lot 2 is not adjacent to any identified waterbodies. As a result, no impact to waterbodies is anticipated. 13. Section 7-204 Drainage and Erosion The Applicant has provided a topographic map of the subject property that shows general positive drainage. The Applicants engineer has indicated that slopes on the proposed Lot 2 are about 15%. The Applicant is proposing that erosion control measures be implemented at the time of construction and would consist of the use of drainage ditches along the future driveway and temporary sediment control fencing downhill of the driveway building excavation and septic field installations. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. 15. Section 7-206 Wildfire Hazards The subject property is identified as Low according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP) while County GIS 30 meter accuracy wildfire mapping show this property in a low to moderate wildfire hazard area. In addition, no slopes over 30% have been identified and no fire chimneys are known to exist on the property. To this end, Staff feels that wildfire danger on this property is within manageable levels as long as a defensible space is maintained for both the proposed home on Lot 2 and buildings associated with the guest ranch. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, the natural and geologic hazards identified on the subject property are within a manageable range. 17. Section 7-208 Reclamation Minimal disturbance is anticipated as a result of the proposed Lot 2. Immediate disturbance would consist of the construction of the road pullouts. Other disturbance would be at the time of building permit for the home and septic on Lot 2. Steve Anthony of Garfield County Vegetation Management has requested that a weed inventory be conducted. Should any noxious weeds be identified, a management plan for those weeds has been requested. Mr. Anthony has indicated that he is willing to assist in the weed inventory and management plan, as necessary. As a result, staff suggests a condition of approval that the Applicant conduct a weed inventory and weed management plan, if applicable, prior to the signing of the plat. 12 Article 7, Division 3, Site Planning and Development Standards 18. Section 7-301 Compatible Design: The proposed 3 -acre lot and use are generally compatible with surrounding residential and agricultural land uses. 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans that adequate off-street parking exists. 20. Sections 7-303 Landscaping Standards: The LUDC specifically exempts single family dwelling units from Section 7-303. 21. Section 7-304 Lighting: All exterior lighting will need to be downcast and comply with County standards. 22. Section 7-305 Snow Storage Standards: Adequate snow storage exists on the property. 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 5, Division 3, Minor Subdivision Review 24. Section 5-301(C)(1): It complies with the requirements of the applicable zone district and this Code. As proposed, the subdivision complies with the Rural zone district. 25. Section 5-301(C)(2): It is in general conformance with the Comprehensive Plan. See Section 2, above. 26. Section 5-301(C)(3): Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. See Section 4, above. 13 27. Section 5-301(C)(4): Satisfactory evidence of adequate and legal access has been provided. See Section 7, above. 28. Section 5-301(C)(5): Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. The driveway access from CR 151 has been broadly dedicated as an access easement and is adequate to provide legal access to the proposed Lot 2, Lot 1 and adjacent property. 29. Section 5-301(C)(6): The proposed Subdivision has the ability to provide an adequate sewage disposal system. See Section 5, above. 30. Section 5-301(C)(7): Hazards identified on the property such as, but not limited to, fire, flood, steep slopes, rockfall and poor soils, shall be mitigated, to the extent practicable. See Sections 8 and 15, above. 31. Section 5-301(C)(8): Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. Construction costs for the proposed pull-outs has not been submitted. This construction estimate should be included with the location and extent drawings to be provided to the County Engineer. Staff recommends a condition of approval that the Applicant provide a cost estimation for the work. 32. Section 5-301(C)(9): All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. The Applicant will need to obtain the signature of the County Treasurer on the final plat indicating that taxes have been paid. This must be accomplished prior to the BOCC signing the plat. 33. Section 5-301(C)(10): All fees, including road impact and school land dedication fees, shall be paid. Road impact fees are not applicable to this property. While the property is located within Study Area 12, the BOCC did not adopt a fee for this study area. 14 34. Section 5-301(C)(11): The Final Plat meets the requirements per section 5-402.F., Final Plat. Amendments have been made to the final plat that has brought it into compliance with the requirements of Section 5-402 F. The name and address of the surface and mineral owners needs to be updated. Staff suggests that this update of the plat be a condition of approval. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that, with the recommended conditions, the proposed Minor Subdivision is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code. Staff, therefore, recommends approval with conditions of the 7W Minor Subdivision application. Suggested Findings 1. That proper public notice was provided as required for the Administrative Review Land Use Change Permit. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Suggested Conditions of Approval Conditions Prior to Signature of the Plat 1. The Applicant has 90 days within which to satisfy conditions of approval and provide the following documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Surveyor, and any mortgagees; b. The names and addresses for the surface property owner and mineral estate shall be updated on the plat; c. Recording Fees. 2. Prior to BOCC signature on the Plat the Applicant shall conduct a water quality test on the well to serve Lot 2. The results of the water quality analysis shall comply with 15 Section 4-203(M)(1)(b)(5)(b) of the LUDC. The results of the water quality analysis shall be reviewed by the Garfield County Community Development Department and designated County Engineer. 3. Prior to the BOCC signature on the Plat the Applicant shall provide a valid augmentation plan and well permit for Lot 2. These documents shall be accepted by the Division of Water Resources. The accepted documents shall be reviewed by the Garfield County Community Development Department. 4. Prior to the BOCC signature on the Plat the submitted decrees for the Mills Spring and Beard Spring shall be reviewed by the Division of Water Resources. 5. Prior to the BOCC signature on the Plat the Applicant shall demonstrate that all uses on the Lot 1 have legal and adequate septic disposal. These documents shall be reviewed by the Community Development Department. 6. Prior to the BOCC signature on the Plat the Applicant shall execute a Driveway Sharing Agreement. This document shall be reviewed by the Garfield County Attorney's Office and the Community Development Department. 7. Prior to the BOCC signature on the Plat the Applicant shall provide plans, including estimated cost estimates, with location and extent of all proposed pull outs along the driveway. These plans shall be reviewed by the designated Garfield County Engineer. 8. Prior to the BOCC signature on the Plat the Applicant shall construct the proposed pull outs following the plans that are submitted and reviewed by the Garfield County Engineer. Verification of completion shall be provided to the Garfield County Community Development Department. 9. Prior to the BOCC signature on the Plat the Applicant shall provide soils information for the proposed Lot 2. This information shall be reviewed by the Garfield County Engineer. 10. Prior to the BOCC signature on the Plat the Applicant shall conduct a noxious weed inventory with a map located the weeds on the property. In addition, should noxious weeds be found on the property then the Applicant shall create a noxious weed management plan. These documents shall be reviewed by the Garfield County Vegetation Manager. Other Conditions 11. All representations of the applicant within the application and public hearing shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 16 12. No further subdivision of these parcels is permitted by Minor Subdivision application. 13. The Onsite Wastewater Treatment System (OWTS) for Lot 2 shall be designed by a professional engineer. In addition, the Applicant shall conduct percolation tests at the location of the OWTS. 14.A geotechnical investigation for the area of the dwelling unit and OWTS shall be conducted at the time of building permit. 15. At the time of building permit, the Gypsum Fire Protection District shall review and accept provisions for fire protection including water supply, access and turnaround. 17 Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the (L, day of dc,_1,oh, ,' , 2018.S All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list) 41i c.en ■ Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of , 2014. ■ Please attach proof of publication in the Rifle Citizen Telegram. ❑ My application required Posting of Notice. Notice was posted on the day of , 2014. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: �/tl(x . 1CX/Vl,</Kt Signature: Date: : EXHIBIT 11 _ 2 ADJOINING NEIGHBORS — 200' Parcel No. 186321400117 Burnt Park Trail, LLC 186321300110 120 Aviation Ave. Portsmouth, NH 03801 Parcel No. 186321400098 Paul Testwuide and Janet Marie Andersen 898 Red Sandstone Circle Vail, CO 81657 Parcel No. 186322300092 Darrell & Jacquelyn R. Watters 4160 Humboldt Street Cherry Hill Village, CO 80113 Parcel No. 186328400119 Shannon Burke & Rodney Marcy 347 Glencoe St. Denver, CO 80220 Parcel No. 186327200121 Green, Scott & Cappie 600 Cottonwood Pass Road Gypsum, CO 81637 Parcel No. 186327300120 Warhorse Ranch LLC 186327200122 304 Castle Pines S. Castle Rock, CO 80108 Parcel No. 186920200951 White River National Forest P.O. Box 948 Glenwood Springs, CO 81602 Anthony Perry 1908 Shelburne Road Shelburne, VT 05482 7W Guest Ranch P.O. Box 5944 Eagle, CO 81631 ru c0 m 2630 0000 6942 m D N .. • o a ervicent CERTIFIED MAILV3 RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information Waft our websitr at raw traps.comn :. m co m ru 0- -0 D D D D D m ru m rR D f` GO m 2630 0000 6942 m r-9 D Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pc ent To Street, Al or PO Bo City, Stat 9 W1 000001 6 C� Anthony lien?, o 1908 Shelburn .o ad,, Shelburne, V145-482 PS Forrn 3800, August 2006 \di N See Reverse for Instructions U.S. Postal Service, CERTIFIED MAILnd RECEIPT (Domestic MalfOnly; No Insurance Coverage Provided) For delivery information visit our websiteat wgreisps,come Postage Cenified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total F Sent To fig t;') or POB City, Ste `�J DY'srmark Here 000001106E 7W Guest Ranch 4=5 P.O. Box 5944 Eagle, CO 8 f63i1 • ru r'.41, R iM*41G . ,,vi wriritiyi Duce I US. Postal Service. CERTIFIED MAIL. RECEIPT (Domestic Mail Only We insurance Coverage Provide For delivery Information visit our websittaatvrni aipscome Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total P^^'^^^ Street, or P01 city, 51 ....2224"ds mark 00000 (H'rn6 c •c=„ Warhorse RanclalLG 304 Castle Pines' S.* x - y, Castle Rock, CO 80108 talons D-' m m D, .A D D D D D m .D ru m D D m ru .3 - Er Er 3 • ',OS • ervi CERTIFIED MAILmr: RECEIPT (DomesticMan Only; No lnsuranc ' Coverege Provided) For delivery information visit our n(ebsf[d aCtvwiuuspa ceia® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tote Sent Sire or P City, • - • cooc .�i SAN`• Postmark 0000019 6 Ma)ori } � i =slla , 1 I��0, White River Nation i o eA. r � P.O. Box 94S ... '' •GIenwood Springs, CO 81602 U.S. Postal Servicers CERTIFIED MAIL;; RECEIPT- (Domestic Mail Only; No insurance,Cnverage,_Provide For delivery information visit our website at www.usps.co m� Postage Certified Fee DRetum Receipt Fee D (Endorsement Required) Restricted Delivery Fee D (Endorsement Required) m Total F m entTo Nor POEc o:57P , ; airy si. m N c0 m rU D" _D D D D D D m —D ru m rl rI I Shannon Bur`Cf Rodney Mar 347 Glencoe St. Denver, CO 80220 rri U.S. Postal Servicem CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coveraga Provided) For delivery information visit our webate atwsZw uans.cottri Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Po< Sent To Street, Api or PO Box City, State H,STmark ere 0000011066 r I U Green, Scott 7 -Cap 600 Cottonwood Pass Road Gypsum, CO284*'� r ttA —4 ' • 1u :t.11r8/_1rfrii'41111 1 41:DPI%I b7-1(•111111.11/ 1 41,1 D —o —n w ru D D Restricted Delivery Fee (Endorsement Required) U.S. Postal Service,, CERTIFIED MAIL,., RECEIPT (Domestic Mall Only No Insurancge Provided) For deliveryt information visit our website ativer its:coi is • Postage Certified Fee Return Receipt Fee (Endorsement Required) 7011 3500 m Total P^ ^^ o c^^_ Sent To Street, f or PO B City, Sta $ l# 0000(d`6 Burnt Park Trail LCR 120 Aviatioiii *** Portsmouth, NH 03801 U.S. Postal Sery cet<,, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Cor rlayaPrwvided) For delivery tnfotmation;vistiour website at wtNvrssps.coaiv (c Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Tot Strad or PC City, i'l�ii•. L T Postmark 100000 'Pin 6 Paul Testwuide! ��' Janet Marie And, '&sen 898 Red Sandsto e y-ire'e - Vail, CO 81657 U.S. Postai Serviced, CERTIFIED MAILTM RECEIPT (Domestic Mall Onlyflo Insurance Cevesagc Provided) For delivery information visit our website at www,usps.coma Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Sent To •5`fieet, or POE City, St vl Postmark 000001141156 Q in > Darrell & Jac ue1 ,--L'71 . WP.�`t ers 4160 HumbolciamStreo> Cherry Hill Village CO 80113 David Pesnichak From: Michael Prehm Sent: Thursday, January 22, 2015 3:55 PM To: David Pesnichak Subject: 7W Ranch Minor Subdivision David, EXHIBIT In doing research on County Road 151. I found a 40 foot deeded right of way up to the location of the locked gate leading into the 7W Guest Ranch property. As far as the road inside the 218 acre Ranch, it would be considered a private road. Road and Bridge has no concerns with this proposal. If you have any questions please contact me. Thanks for giving me the opportunity to review. Mike Prehm Garfield County Road & Bridge Foreman / Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell tr MOUNTAIN CROSS February 2, 2015 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 ENGINEERING, INC. Civil and (Environmental Consulting and Design RE: Review of 7W Guest Ranch Minor Subdivision: MISA-8031 Dear David: EXHIBIT This office has performed a review of the documents provided for the Administrative Permit application of the 7W Guest Ranch Minor Subdivision. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The plat note "no further subdivision" could be modified to prohibit further subdivision on Lot 2 but allow subdivision on the larger parcel. 2. The existing driveway does not meet County standards. The engineer for the Applicant requests a waiver from improving the access to meet these criteria. The Applicant should provide more information on the locations and extents that do not meet the County Standards and a plan showing the locations of the proposed improvements. 3. The Applicant states that the Fire Marshal is in general approval of the access and supports the proposed improvements. The Fire District should provide a letter that verifies this. 4. The Applicant provides no testing results for either quantity or quality of the new well. 5. No water quality testing is provided of the existing well. 6. The Applicant has submitted no information to determine if the site soils are suitable for the proposed ISDS. 7. The Applicant states that no irrigation will be provided for the proposed Lot 2. Some means of legal outside irrigation of landscaping should be anticipated for the benefit of future owners. 8. The Applicant does not provide any soil information to assess the suitability of the site. 9. The Applicant states that the ranch manager will be residing on the created parcel and therefore no access agreements are necessary. However, the property may be sold in the future and an access and maintenance agreement would be beneficial to future owners. Feel free to call if you have any questions or comments. Sincerely, Mounta' Cross Eng s Hale, PE 826 1/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com (COLORADO Division of Water Resources 14,c:,,•:mr•d of Nat ,,,;1 6o.rnr•:r•. 1313 Sherman Street, Room 821 Denver, CO 80203 February 3, 2015 David Pesnichak Garfield County Building and Planning Department 108 81'' Street, Suite 401 Glenwood Springs, CO 84601 Re: 7W Ranch Minor Subdivision Section 28 & 21, T3S, R87W, 6th PM Water Division 5, Water District 53 Dear Mr. Pesnichak: t EXHIBIT We have reviewed the above -referenced preliminary plan to subdivide a parcel of approximately 218 acres into two lots. Lot 1 would be approximately 215 acres and Lot 2 would be approximately 3 acres. The properties current address is 1121 Sweetwater Road in Gypsum. The applicant indicates that they intend on providing water to both lots through individual on -lot wells. The parcel currently has two existing exempt wells. The applicant intends to treat wastewater through individual on-site septic systems for each lot. The information provided indicates that water use to each of the newly created parcels would be ordinary household use on Lot 1 and domestic use on Lot 2. The first well has Permit No. 166915 and is located on proposed Lot 1. The permit was issued on October 21, 1992 pursuant to CRS 37-90-602(3)(b)(II)(a) as the only well on a tract of land of 40 acres described as the NE1/4 of the NE1/4 of Section 28, Township 3 South, Range 87 West of the 6`" P.M. Uses are limited to fire protection, ordinary household purposes inside one single family dwelling, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. The second well has Permit No. 289432 and is located on proposed Lot 2. The permit was issued on September 18, 2012 pursuant to CRS 37-90-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). The wells use is limited to monitoring water levels and/or water quality sampling. No other use of this well is permitted without a new permit from this office. Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. The source of the proposed water supply would be from, or tributary to, the Colorado River. This area of the Colorado River is over -appropriated; therefore, an augmentation plan is required to offset depletions caused by the pumping of any wells. The applicant has indicated that they intend to utilize both the existing domestic well, currently permitted under Permit No. 166915, and the 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.watcr.state.co.us • 1H7( • David Pesnichak February 3, 2015 7W Ranch Minor Subdivision Page 2 monitoring well, currently permitted under Permit No. 289432. Therefore, new well permits issued pursuant to a decreed plan for augmentation will be required. In addition, no information was provided concerning the physical adequacy of the water supply. As stated in Section 30-28-133(3)(d), C.R.S., the subdivider is required to submit "Adequate evidence that a water supply is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed." Adequate evidence is usually provided in the form of a water resource report; prepared by a professional engineer or water consultant, which addresses the quality, quantity, and dependability issues. A report of this nature was not provided. Pursuant to Section 30-28-136(1)(h)(1), C.R.S., the State Engineer offers the opinion that due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the well, the proposed water supply plan will cause material injury to existing water rights and is inadequate. If you or the applicant has any questions concerning this matter, please contact Ivan Franco of this office for assistance. Megan Sullivan, P.E. Water Resource Engineer HIF: 7W Ranch Minor Subdivision.docx cc: Alan Martellaro, Division Engineer Water Commissioner, District 53 cit c.(vo tiC • 1313 Sherman So eel., Room 821. Deriver. CO 80203 P 303.866.3581 F 303.866.2223 wwvv.water state.co.us 1111111 11111 1111111 ILII 1111 111111 111111 111 11111 1111 1111 668722 02/16/2005 10:56A B1663 P194 M ALSDORF 1 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 20th day of December, 2004, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Grcen , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2005-24 A RESOLUTION CONCERNED WITH THE APPROVAL OF' A SPECIAL USE PERMIT (SUP) FOR A RESORT FOR 7W GUEST RANCH, LLC, MARK WILHELM WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from 7W Guest Ranch, LLC, Mark Wilhelm for a SUP to allow for a Rcsort designation at the 35.001 acre site in a tract of land located in the NE % of Section 28, Township 3 South Range 87 West of the 6`h Principle Meridian; also located at 3412 County Road #151 in the Sweetwater area of northeast Garfield County and known as Parcel #186328100111 by the Garfield County Assessors office; and WHEREAS, the subject property is located in the A/R/RD Agricultural/Residential/ Rural Density zone district which contemplates a "Resort" as a SUP within that district; WHEREAS, 7W Guest Ranch, LLC, Mark Wilhelm specifically request approval for a Resort to include the uses and activities as specified in the conditions of approval found in this resolution; and WHEREAS, the Board held an initial 1" public hearing on the 4`h day of October, 2004, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit and where the public hearing was continued to allow the Applicant additional time to generate and provide outstanding and necessary information and present said information on November 151h, 2004, at a regular BOCC meeting; and 11101 11111 1111111 1111 1111 111111 111111 III 1101 1111 1111 668722 02/16/2005 10:56A 61663 P195 M ALSDORF 2 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board opened a continued the public hearing on a 2"d meeting date on the 15th day of November, 2004, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit, and where the public hearing was, for a second time, continued to allow the Applicant additional time to generate and provide outstanding and necessary information and present said information on December 20th, 2004, at a regular Board meeting; and WHEREAS, the Board opened and continued, for a second time at a 3'a meeting, a public hearing on the 20th day of December, 2004, upon the question of whether the above described SUP should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions concerning the approval of said special use permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the public hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in conformance with Sections 2.02.448, 3.02.03, 5.03 and 9.03 of the Garfield County Zoning Resolution of 1978, as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the designation of resort at the site identified in the application, upon the following specific conditions: 1. That all representations and agreements of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. The applicant shall obtain all building permits and inspections consistent with the adopted rules and regulations of Garfield County for all development within the resort area. 2 7W Guest Ranch, SUP 2/14105 111111111111111111111111111111111111111 111 1111111111111 668722 02/16/2005 10:56A 61663 P196 M ALSDORF 3 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 3. The Applicant shall submit a new Special Use Permit application for approval if in the future any new improvements or activities are desired as part of a resort designation and not specifically identified in this application. 4. The installation of all required 1SDS upgrades or replacements shall comply with the Colorado Department of Health ISDS (septic) setback standards, which shall be verified and certified by a registered Colorado engineer. Additionally, an engineering report regarding ISDS improvements, which demonstrate how they are capable of serving new development requirements, shall be submitted with any new building permit application to the Building and Planning Department. 5. Certain activities associated with the resort which will take place on USDA Forest Service lands shall comply with all rules and regulations applicable thereto. Prior to usage of any adjoining public lands, an access, recreational use or any other required permits shall be obtained from the USDA Forest Service. Additionally, Motorized travel on forest lands in the vicinity of the resort is prohibited (except over -snow travel). 6. All new buildings, outbuildings or mobile structures shall be built and landscaped to conform to current wildfire practices suggested by the Colorado State Forest Service. 7. The Applicant shall prepare a fire mitigation plan and submit said plan in writing to the Building and Planning Department for approval prior to issuance of building permits. 8. The applicant shall annually test and report the condition of the water system to the State Department of Water Resources as may be required by the Statc. 9. The Applicant shall submit a review for approval to include Capacity Development by the Water Quality Control Division of the Colorado Department of Public Health and Environment to be submitted to the Building and Planning Department prior to issuance of the Special Use Permit. 10. The Applicant shall be required to observe that the contract for water from the Colorado River Water Conservation District (CRWCD) remain in effect for the life of the proposed SUP. 11. That the applicant shall be limited to the use of no more than ten (10) dwelling units including employee housing and other associated structures for a total of fourteen (14) structures for the resort which include: 1. seven (7) cabin sites for guests 2. one (1) main lodge site with lodging for one employee 3. one (1) stable building (east side of resort compound) 4. one (1) barn/tack building (east side of resort compound) 5. one (1) large storage facility/shed building (west side of resort compound) 6. one (1) small storage barn (central area of resort compound) 3 7W Guest Ranch, SUP 2/14/05 1111111 11111 1111111 1111 1111111111111111 111 ILII 1111 668722 02/16/2005 10:56A 61663 P197 M ALSDORF 4 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 7. two (2) modular lodging structures for employees. 8. other non -habitable existing structures on site as shown on the site plan, specifically the pump house and hot tub pad. 12. There shall be no more than thirty-three (33) guests and three (3) employees residing at the Resort at any one time. 13. To the extent of the law, if alcohol is to be served in connection with the use the applicant shall apply for and receive and maintain licensing for said service from the appropriate entity for the duration of the Special Use Permit. 14. At such time the two existing older mobile homes are removed any replacement dwelling units shall meet all code requirernents of the Garfield County Zoning Resolution of 1973, as Amended. 15. The Applicant shall continue to comply with licensing requirements for the commercial kitchen with the State Department of Health, Consumer Protection Division. 16. No new open hearth solid -fuel fireplaces will be allowed anywhere within the resort designated arca. Onc (1) new solid -fuel burning stove as defied 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. 17. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of designated cabin sites, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 18. The Applicant shall amend the site plan in the application to clearly identify thc storage facility and identify which barn is subject to future expansion and modification as requested in the application and shall provide the amended site plan to the Building and Planning Department for approval prior to issuance of the Special Use Permit. 19. The Applicant shall make application to the Garfield County Building and Planning Department for a building permit for the new completed storage facility to the west, allow inspections, and ultimately gain a Certificate of Occupancy consistent with thc adopted rules and regulations of Garfield County prior to the issuance of the Special Use Permit. Also, a Registered Colorado Engineer or Architect shall certify all of the construction within the new storage facility complies with Garfield County Building Code Requirements. 20. At such time the two (2) existing mobile homes used for employee housing are replaced the Applicant shall make application to the Garfield County Building and Planning Department for a building permit, allow inspections, and ultimately gain a Certificate of Occupancy consistent with the adopted rules and regulations of Garfield County prior to habitation of these structures. 4 7W Guest Ranch. SUP 2/14/05 1 111111 11111 1111111 1111 1111 111111 111111 111 11111 1111 1111 668722 02/16/2005 10:56A 81663 P198 M ALSDORF 5 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO 21. A water test shall be conducted which include the following items used to determine physical water supply; 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; 4. A written opinion of the person conducting the well test that this well should be adequate to supply water to the proposed use on; 5. The water quality shall be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. The test results, with satisfactory results, shall be forwarded to the Building and Planning Department prior to the issuance of the Special Use Permit. 22. The Applicant shall be allowed to store, maintain and repair up to 10 motorcycles for personal use within the new storage facility. 23. An annual review of this special use shall be conducted by the Building and Planning staff, consistent 9.03.05 of the Zoning Resolution, concerning the conditions of approval contained in this Resolution, including but not limited to use of the new Storage Facility. 24. All vehicles used for recreation or maintenance purposes on the site shall have spark arrestors as a fire prevention device. 25. The Applicant shall provide a list to the Building and Planning Department documenting no more than ten (10) identified persons allowed to store motorcycles in the new storage facility. 5 7W Guest Ranch, SUP 2/ 14/05 1 111111 11111 1111111 1111 1111 111111 111111 III 11111 1111 1111 668722 02/16/2005 10:56A 01663 P199 11 ALSDORF 6 of 6 R 0.00 D 0.00 GARFIELD COUNTY CO Dated this 1 4th day of February , A.D. 2005. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD UNTY, OL'A 4 • DO .G� Clcr of the Board Chairman �. Upon motiori duly made and seconded the foregoi follo nig vote: John Martin Larry McCown Tresi Houpt g Resolutio as adopted STATE OF COLORADO ) )ss County of Garfield ) , Aye . Aye , Aye y the I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2005 County Clerk and ex -officio Clerk of the Board of County Commissioners 6 7W Guest Ranch, SUP 2/14/05 EXHIBIT 1 STATE OF COLORADO ) )ss County of Garfield ) At a TPvrt a meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 5r h of June A.D. 19 95 , there were present: Marian I. Smith , Commissioner Chairman Arnold L. Mackley , Commissioner Elmer (Buckey) Arbaney , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO 95-045 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT APPLICATION FOR SEVEN W GUEST RANCH. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Anthony Perry/Seven W Guest Ranch to allow for the operation and limited expansion of a resort on the following described tract of land: SW1/4 SE1/4 and the West 10 acres of the SE1/4 SE1/4 of Section 21 and the NE 1/4 Section 28, T3S R87W of the 6th P.M. (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 10th day of May, 1995, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is authorized permitting the use of the above described tract of land for the operation and limited expansion of a resort, upon the following specific conditions: 1. All proposals of the applicant shall be considered conditions of approval unless stated otherwise by the Board of County Commissioners. 2. The resort will comply with the State Department of Gealth, Consumer Protection Division, licensing requirements for a commercial kitchen, if required. 3. Prior to issuance of the Special Use permit, a new metes and bounds description for th resort shall be submitted to the County Planning Department. 4. All structures will be built to conform with the Colorado State Forester wildfire prevention guidelines, specified in the pamphlet " Wildfire Protection in the Wildland Urban Interface", prepared by the Cilirado State Forest Service (C.R.S. #143-691). Dated this 06-7. day of , A D 19�. ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO ?274-e-114- (2-4C'°/ Ja2l; Clerk of the Board Chairman vote: Upon motion duly made and seconded the foregoing Resolution was adopted by the following Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney , Aye , Aye , Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County . Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County CIerk and ex -officio Clerk of the Board of County Commissioners February 14, 1995 David Michaelson Garfield County Planner 108 8th Street Glenwood Springs, CO 81601 Re: 7 W Guest Ranch Special Use Permit Dear David: land design partnership The following descriptive narrative, engineering summary and attached site plan are offered in compliance with the requirements for a Special Use Permit: for the 7 W Cuest. Ranch. Tlris application is presented on behalf of Anthony Perry (Applicant) who acquired the approximately 210 acres site in late 1993. In addition, the Applicant hiu a purchase option on an adjacent 41+/- acres along the entry drive. This property wi 11 be purchased prior to approval of the final resolut.ion on the herein requested special use permit.. This land purchase will place the ranch in cont..iguity with County Road and remove the necessity of the present access easement: between the ranch and the county road. EXISTING (i(JIST RANCH OPERATION The 7W Guest. Ranch is recognized as being I.he second oldest operating guest ranch in Colorado. The ranch is a member of the Colorado Dude and Guest Ranch Association, the Dude Rancher's Assoc:1al.ion and the Colorado Guide and Outfitters Association. Six cabins offer lodging for 16 guests with American plan dining service provided in a central lodge facility. Employee housing is provided in the lodge and two older model mobile hcnucrs. Equestrian se'rv'ices are the primary recreational focus of the ranch but. the hot tub, fishing lake, hiking and lawn games are also popular. The lodge: u1rer's a oozy lounging area around an old stone f i r..•placi• . Mr. Perry desires Lt, lil_II•.r certain changes and 1 Il.t.r'.,� 'meat s . r t h a goal Vf permanently I)1'.rSt.:t'1'111s,,,.� Ills: tilt i1•olS.atlal quality and character of the ra,,,..1, tfr:)t)'•rl.y as a caveat for family, friends and eommc're' i U 1 quests. Tu accomplish this goal it is I)rc:e<Ssa 1'y to enhance the financial viability or the resort, operation by expanding the capacity of the resort. by 10 beds and 1mpro'. ing Some of the existing set•viee facilities. 'l'lle capital for thee enhancements will be generated in part 65 invitation to a :,dIt,11 group of Mr. Perry's friends to invest in the ovaiership of the notch. P.O. Box 517 • Glenwood Springs, Colorado 81602 918 Cooper Avenue (303) 945-2246 • Fax (303) 945-4066 David Michaelson 2/14/95 page 2 EXISTIN(; FAC.II.ITlt:S: - Lodge: - kitchen - dining room - quest's living room - office - real room - Coo1; , s bedroom and bath - Store room and coat. room - Employee (lousing - Two mobile homes (eight. - Ranch laundry persons) - Guest Cabins - 1 cabins (one bedroom ,2 persons/cabin ) - 2 cabins (two bed rooms, 4 persons/cabin) - Shop & Storage Structure - Bari & Misc. Small Storage taui1c1ings - Main louse maximum Oce:upauc:y (exclusive of main house) Employees & dependents 9 Guests 16 PROPOSED OWNERS1111' STRL!RTt1RE To accommodate 1:tw multiple ownership, the present ranch and proposed purchase acreage will be divided into seven parcels, each in excess of thirty-five acres. All existing guest ranch fere:ilities except for the main house will bei c:ontained within one of the parcels. This parce 1 will he owned in common by Mr . Perry and the other owner/investors. The: future investors and Mr. Perry will each own one of the other five residential parcels. Building envelopes have boon dosignat.ced for each of the six residential parcels. The Future owners will 1,;• allowed to construct a private residence and ancillary improvements within the building envelope. The existing main house which was constructed in 1992 is included in the building envelope of one parcel. All acreage outside of the building envelopes will be designated as a common use easement which allows recreational usage by the six parcel owners and t.1ie guests of the 7W finest Ranch. The 7W Guest Ranch and all lauds designated for common usage will he managed and maintained by the partnership association of the six residential parcels owners. David Michaelson 2/14/95 page 3 PROPOSED GUEST RANCH IMPROVEMENTS The Applicant proposes to construct a new two bedroom cabin and to add a bedroom t.ci each of three existing one bed room cabins. The ranch will then accommodate twenty-six guests, an increase o f ten over Lhe present operation. A new Great. Room addition is proposed for the lodge :along with a walk-in cooler, ranch laundry and storage. The great room will improve the present dining room and provide more casual indoor recreation space. A new deck will be constructed to replace the existing deck that will he removed to accommodate the Great Room addition. The mobile homes presently used for e'mploye'e housing and the laundry are proposed to be replaced with a two story structure. The lower level will provide "bunk house" type accommodations for four employees. A two bedroom manager's apart.ntcent is proposed for the second 1eve 1 . A bawl► addition is also proposed to provide more comfortable tretttestriari services a$ well as maintenance and storage facilities for ranch vehicles and equipment. PROPOSED P:\('t 1TTl ES: - Expand lodge -• (areal Room -• WarIh in cooler - Ranch laundry - Storage space - Guest Cabin additions: - One bedroom Lo each of three cabins (6 additional persons) - One, I.i“, bedroom cabin (4 additional persons) - Replace employee mobile homes with: - Two story structure with manager's apartment upstairs (two bedroom, 4 persons) and employee's bunkhouse down stairs (4 persons) Expand barn (no Sanitation serv1t:cls) Maximum Occupancy (exclusive of nlaitl house) Employees & dependents 9 Guests >Ei Noise: The existing main house will bee included in one of the residential parcels and wi11 not be ai part of the guest ranch operation. David Michaelson 2/14/95 page 4 WATER AND WASTEWATER SERVICES Domestic water service to the quest ranch operation is provided by an adjudicated spring located a short distance uphill from the ranch facilities. The spring water is chlorinated according to Department of Health standards and pressurized by a pump system. Based on past usage, the spring is anticipated t.o provide adequate water volume for the proposed expanded guest. occupancy. The main house is served by an exempt domestic ►•:ee11. Wastewater lrealnler,t. Inas historically been provided by multiple septic tank and leac:hf ield systems. The attached engineers letter describes the tl'Cat.IIknt systems and their compliance with Colorado Department. of Health Standards. Septic tames and 1eachf ie1ds will continue t.o he the method of wastewater treatment at; the ranch. PHASING The p.lat neap identifying the seven parcels and the legal documents establishing tile ownership structure and management responsibilities are anticipated 10 he recorded during 1995. The proposed acquisition parcel will be purchased prior to the issuance of the Special Use Permit. t:. They proposed facilities improv emelt is may be initiated i n late 1995 but inure likely ►•ail] begin in 1996 and be completed in one to two years. SPECIAL. USE PERMIT REQUESTED The guest ranch is located iu the Agricultural/Residlent.ial/Rural Density Zone District and as a resort type use is considered a nonconforming use within this zone dist.riel. Within the Ag/Residential zone district, "resort" is allowed as a Special Use. The purpose of this application is to bring the current and proposed guest ranch operation into compliance with Garfield County Zoning Regulations as u per•mitted Special i)se. We request that the appropriate special use review procedures be initiated with this submittal. if you have any question or require any additional information please, Ccnrl.ac:1 me. We believe the above identified ownership concept and proposed improvements will greatly enhance and preserve an important element mountain history. Thant you for your assistance with this application. Ronald {l. Liston Anthony Perry • 1111111 11111 111111 11E11 1111111111111111 651982 05/11/2004 04:08P B1587 P96 M ALSDORF 1 of 1 R 0.00 D 0.00 GARFIELD COUNTY CO SPECIAL USE PERMIT A PROPERTY LOCATED AT 3412 COUNTY ROAD 151, GARFIELD COUNTY, COLORADO AND OWNED BY ANTHONY & TERESSA GIGUERE PERRY In accordance with and pursuant to the provisions ofthe Garfield County Zoning Resolution of 1979, as amended, and Resolution No. 2 0 0 4 - 4 2 of the Board of County Commissioners of Garfield County, State of Colorado, hereby authorizes, by Special Use Permit, the following activity: Accessory Dwelling Unit The within Special Use Permit is issued subject to the conditions set forth in the above- mentioned resolution, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Subdivision Regulations, Building Code, and other regulations of the Board of County Commissioners of Garfield County, Colorado. BOARD OF COUNTY COMMISSIONERS FOR GARFIELD COUNTY, COLOao O ChtF Date 1 H •11111111E1 1 11111 111111 11111 II II 1111 II III I 1111 11 1 651980 05/11/2004 04.04P B1587 P92 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield • At a regular n-ieeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Plaza Building, in Glenwood Springs on Monday, the 19th day of April, 2004, there were present: John Martin Larry McCown Tresi Houpt Don DeFord Mildred Alsdorf Ed Green , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 0 0 4- 4 2 A RESOLUTION CONCERNED WITH THE APPROVAL OF A SPECIAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING UNIT FOR ANTHONY & TERESSA GIGUERE PERRY WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received an application from Anthony & Teressa Giguere Perry for a Special Use Permit for a "Accessory Dwelling Unit" designation at the 126.0 acre site located at 3412 County Road 151. WHEREAS, the Special Use Permit request for a "Accessory Dwelling Unit" specifically will allow the applicant to designate an original Guest House (850 sq. ft.) to be used as an Accessory Dwelling Unit (ADU) as described in the site plan submitted in the application; and WHEREAS, the subject property is located in the Agricultural/Residential/Rural Density (A/R/RD) zone district which contemplates an "Accessory Dwelling Unit" as a Special Use within that district; and WHEREAS, the "Accessory Dwelling Unit" is defined in Section 5.03.021 of the Garfield County Zoning Resolution of 1978, as amended, Use of a structure as an accessory dwelling whether approved by Special Use, use by right in a new subdivision approval, or on an existing lot must meet the following standards, as well as all other standards applicable to residential use: (1) 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. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) Approval from the subdivision homeowners association and/or allowed by covenant if applicable. • i 111111 11111 111111 111111 11111 1111 111111 111 11111 1111 1111 651980 05/11/2004 04 04P B1587 P93 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO (4) Proof of a legally adequate source of water for an additional dwelling unit. (5) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. (6) Only leasehold interests in the dwelling units are allowed. (7) That all construction complies with the appropriate County building code Requirements. (A.95-076) WHEREAS, the Board held a public hearing on the 19th day of April, 2004, upon the question of whether the above-described Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the Accessory Dwelling Unit at the site identified in the application, upon the following specific conditions: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. A Building Permit for a Primary Dwelling Unit shall be applied for and construction of said structure shall commence within 180 days of the issuance of the Special Use Permit which itself is only valid for 120 days from the date of issuance as per Section 9.01.05. If the Applicant does not fmish construction, the Building Permit is revoked, and the Applicant does not eventually receive a Certificate of Occupancy for the Primary Dwelling Unit, then this Special Use Permit shall became null and void. 3. Prior to issuance of the Special Use Permit all information pertaining to the • 11111111111 111111 111111 11111111111111111 11111 11111 651980 05/11/2004 04 04P B1587 P94 M ALSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO capacity, size and installation date of the ISDS for the Additional Dwelling Unit shall be submitted to the Building and Planning Department. Dated this 10th day of May , A.D. 2004. ATTEST: • 1 ;•Ir: • erk.6fthe Board �- on motion duly made and seconded the foregowas adop d by the ...t..' ;t'Allowing vote: �{rrrrry:ait�it�1°��- GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD CO COLORADO John Martin Aye Larry McCown , Aye Tresi Houpt Aye STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2004 County Clerk and ex -officio Clerk of the Board of County Commissioners Jump S,tc. 8611 eounity Road 117 geeruuood Sp'tutgo C(9 81601 Acne: 970-945-6159 &t& 970-948-6159 saa: 970-945-6159 EXHIBIT 1 /3 Well Test DATE: January 15, 2015 TO: Brian Widhalm RE: Well Tests Attn: Brian, J & M Pump Inc. performed a four hour well test on a new well drilled at the 7W Guest Ranch. The following results were obtained: Well Depth: 120' Water Level: 66' 6" measured from top of casing Drawdown To: 67' 2" measured from top of casing Sustained Yield 15 GPM Clarity: Clear Recovery: 100 % within 6 minutes Sample: Bottles provided by Brian If you have any questions, please call Rick, 945-6159 J&MPump Inc. Richard A Holub Lic. No 1196 Thank You! i Laboratory Services Division 8100 Lowry Boulevard, Denver CO 80230-6928 US Mail: PO Box 17123, Denver CO 80217 (303) 692-3090 fax (303) 344-9989 J,ab ID No. EXHIBIT ENV -2015000453 S:k\IPLI: SITE SAMPLE INFORMATION WELL 3412 CO RD 151 WELL Collected 1/15/2015 11:00:OOAM Received 1/16/2015 3:42:OOPM Reported Collected By SELF Matrix Ground \Vater CUSTOM R COMMENTS Contact Name Contact Phone Widhalm Brian 1121 Sweetwater Rd Gypsum Co 81637 Widhalm Brian 970-624-9328 CAN YOU PLEASE PROVIDE ANSWER IF WATER IS SUITABLE FOR DRINKING. THANK YOU Purpose Routine Chlorine residual Receive Temperature Payment Type Test Name Total coliforms PA Escherichia coli PA &Mk Method Name Coliform ABSENT or Tess than one (<1), indicates SM 9223 B.2.b. a microbiologically safe sample E. coli NOT DETECTED SM 9223 B.2.b. If you have ordered Chemistry Tests: Results will be finalized in 2-3 weeks, For more information contact Water Lab at 303-692-3490 LSD Interent Address: http://www.cdphe.state.co.us/lr/Irhom.htm Modification Date:l/20/2015 #203 EXHIBIT /5— C. Garfield County February 4, 2015 David Pesnichak Garfield County Community Development Department RE: 7W Ranch Guest Ranch MISA-8031 Dear Dave, Thank you for the opportunity to comment on this permit. Vexelnlioiv Mnnnxenvenl Vej'etation Manajiement Noxious weeds map & inventory Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds. The current list is attached. Of particular concern on this site are Musk thistle, Canada thistle, Spotted k'napweed and Yellow toadflax. Weed management plan Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site. Please let me know if you have any questions. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 GARFIELD COUNTY NOXIOUS WEED LIST 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: 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 cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia Absinth wormwood Artemsia absinthium EXHIBIT ((/ Garfield County To: Frank Harrington - High Country Engineering Froin: Scott Aibner — Garfield County Surveyor Subject: Plat Review — 7W Guest Ranch Minor Subdivision Date: 02/05/2015 SURVEYOR SCOTT AIBNER, P.L.S Frank, Upon review of the 7W Guest Ranch Minor Subdivision Plat. I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc David Pesnichak — Community Development Department 109 8 th Street ,Suite 100E • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail:saibner@ga>field-countycom COLORADO GEOLOGICAL SURVEY 1801 19th Street Golden, Colorado 80401 303-384-2655 February 6, 2015 David Pesnichak Garfield County Building and Planning Department 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT Location: SE''% SE% Section 21, T3S, R87W of the 6'h P.M. 39.7737, -107.1583 Subject: 7W Guest Ranch Minor Subdivision — Administrative Permit File Number MISA-8031; Garfield County. CO; CGS Unique No. GA -15-0005 Dear Mr. Pesnichak: Karen Berry State Geologist Colorado Geological Survey has reviewed the above -referenced minor subdivision referral. I understand the applicant proposes to subdivide a three -acre parcel (proposed Lot 2) from an existing 218 -acre guest ranch property located at 3412 CR 151 for the purpose of' conveying the three -acre parcel to the ranch manager and constructing a new single-family home. Proposed Lot 2 is currently undeveloped except for a well. With this referral, I received an Engineering Letter and Waiver Requests by High Country Engineering (October 30, 2014). HCE states in their Natural Hazards or Geological Constraints section (page 7), "The proposed Lot 2 is moderately sloped at about 15% and covered in brush vegetation. There are not any known hazards on or uphill of the property that should restrict where the house can be placed on the 3 acre lot." CGS agrees that the site does not appear to contain or be exposed to any geologic hazards that would preclude the proposed residential use. However, we have several comments: Mapped landslide. According to landslide mapping by Colton et al (1975, Preliminary map of landslide deposits, Leadville 1° x 2° quadrangle, Colorado: U.S. Geological Survey, Miscellaneous Field Studies Map MF -701, scale 1:250,000), the site is entirely underlain by a very large mapped landslide or other slope failure -related deposits. The presence of landslide -related or slope failure deposits is based on aerial photo interpretation, and almost all of the 35 square mile area within T3S R87W is mapped as unstable slopes or landslide deposits. However, evidence of active slope instability is not observed in recent high-resolution imagery of the area within and surrounding proposed Lot 2. The landslide mapped by Colton et al is much too large to stabilize or mitigate. If roads and utilities in the area surrounding the 7W Guest Ranch area have not required more maintenance or repairs than other, similar areas within Garfield County, as a result of surface movement and instability, then CGS has no objection to approval of the minor subdivision application as submitted. However, the applicant should be aware that an exceptionally heavy or prolonged rainfall or snowmelt event could result in destabilization and slope movement of unknown extent and magnitude. Soil and bedrock engineering properties. According to available geologic mapping (Bass, N.W. and Northrop, S.A., 1963, Geology of Glenwood Springs quadrangle and vicinity, northwestern Colorado: U.S. Geological Survey, Bulletin 1142-J, scale 1:31,680), the site is underlain by sandstone, shale and limestone of the Belden and Molas formations. Clay minerals within shales and shale -derived soils are often expansive, exhibiting potentially structurally damaging volume changes in response to changes in GA -15-0005_1 7W Guest Ranch Minor Subdivision.docx 12:59 PM, 02/062015 David Pesnichak February 6, 2015 Page 2 of 2 water content if not identified, characterized, and mitigated through proper subgrade preparation, foundation design, and control of surface and subsurface water. I agree with HCE that a lot -specific geotechnical investigation, including drilling, sampling, lab testing and analysis, will be needed, once individual building locations are known and prior to building permit application, to determine groundwater depths and depths to bedrock, characterize site-specific engineering properties such as density, strength, swell/consolidation potential, and bearing capacity, to evaluate subsidence potential of any void -bearing limestone or karst layers encountered in the Belden, and to design the proposed home's foundation, floor system, surface and subsurface drainage, OWS (onsite wastewater system), and pavements. Thank you for the opportunity to review and comment on this project. If you have questions or need further review, please call me at (303) 384-2643, or email carlson@mines.edu. Jill'Carlson, C.E.G. Engineering Geologist GA -15-0005_1 7W Guest Ranch Minor Subdivision.docx 12:59 PM, 02/06/2015 February 6, 2015 COLORADO Parks and Wildlife Department of Natural Resources Glenwood Springs Service Center 0088 Wildlife Way Glenwood Springs, CO. 81601 P (970)947 2920 I F (970)947-2936 David Pesnichak Garfield County Community Development Department 108 8' Street, Suite 401, Glenwood Springs, CO. 81601 RE: MISA-8031 7W Ranch Minor Subdivision Dear Mr. Pesnichak, EXHIBIT 1 1 Colorado Parks and Wildlife (CPW) appreciates the opportunity to provide comments for the 7W Ranch Minor Subdivision. While CPW does not anticipate any major impacts to wildlife from this project, CPW personnel have observed significant numbers of deer, elk, turkey and other wildlife on or in the vicinity of this ranch at different times throughout the year. CPW would like to recommend that the residents of the anticipated dwelling not allow pets to chase wildlife and to keep pets under physical control to prevent this issue. Thank You, Dan Cacho District Wildlife Manager Glenwood Springs / Area 8 Bob D. &acheid, Dtrecto, , Cdorado Parks and Wild ole • Parks and Wildt,te Commission: Robert W. Dray, Chau • Chri, Cagil,an, Vice Char Jeanne Horne, Secretary • John Howard. Jr. • Bill Kane • Dale P,zel • James Pnbyl • James Vigil • Dean Wingfield • Michelle Zimmerman • Alex Zipp STEVEN M. BEATTIE GLENN D. CHADWICK JEFFERSON V. HOUPT JULIE S. HANSON RYAN M. JARVIS BEATTIE, CHADWICK & HOUPT, LLP ATTORNEYS AND COUNSELORS AT LAW 932 COOPER AVENUE GLENWOOD SPRINGS, CO 81 601 March 10. 201 Dave l'esnichak Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Re: 7W Guest Ranch Minor Subdivision Application Dear Dave: EXHIBIT TELEPHONE: 970-945-8659 FAX: 970-945.8671 JHANSON@BCH-LAW.COM This letter serves as a follow up to the Division of Water Resources letter dated February 3, 2015 and our phone conversation of March 3, 2015. The Division's letter utilized some incorrect information when rendering its opinion as to the sufficiency of water to Lot 1 and Lot 2 of the proposed 7W Guest Ranch Minor Subdivision. The Division's letter stated that Lot 1 is served by a well issued as Permit No. 166915. The County expressed concern that the Guest Ranch was in violation of the stated uses for this well. This is not the case. The well served a single family residence (in compliance with the well permit) that has since burned down. The well has not been used in several years. The Guest Ranch is served by two springs, the decrees of which were included in the application materials and are attached again hereto. Lot 2 will be served by an existing monitoring well that is being converted to an exempt well. As provided previously, the well permit application for this well has been submitted and is going through the approval process. With this additional information, the Applicant requests that the County move forward with approval of this application despite the Division's opinion that was based on incorrect information. Please let me know if you need any additional information. Verytrulyyours, vim- J Raw ov -- Julie S. Hanson DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Application No. 87CW239 1A(V 2$ttit; ---• RULING OF REFEREE WV IN THE MATTER OF THF. APPLICATION FOR WATER RIGHTS OF JOHy1 .' I��"I' I THE COLORADO RIVER, OR ITS TRIBUTARIES. TRIBUTARY INVOLVED: SWEETWAT k " CREEK, IN tiliKI'ItLU COUNTY The above entitled Application was filed on October 28, 1987, and was referred to the undersigned as Water Referee for Water ni•1isicr He 5. State of Colorado. by the Water Judge of said Court on the 10th day of Noveeber. 1987. in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. And the undersigned Referee having i.a& inch if,vestlyations as a:e necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the A__,._a..__ ..�,.,..,.�,�„ does hereby make Lite following determination and Ruling as the Referee in :his matter. to wit: 1. The statements in the Application are true. 2. The name of the structure 1s Beard Spring. 3. The nae: and add..-ess of t e Cidili,ait: Juin, A. Aiii5; P. O. vox 2281; Midland, Texas 79702. 4. The source of the water is a spring tributary to Sweetwater Creek. tributary to the Colorado River. 5. The Point of diversion is in SPct.lon 9R T, 3 S., R. 87 W. of tliu 6th P.M. at a,potrt which bears S. 34°01'53" W. 2855.6 feet from the NE Corner of said Section 23 and said spring also bears S. 01°45'35" E. 42.15 feet from e reference monument set. a rebar and aluminum cap with LS 120695. 6. n4 use of the water Is domestic. fire fighting. stock water and the irrigation.of one acre of '.awn. 7. The date of initiation of *ppropriation is May 1. 1987. 8. The amount of water claimed is 0.0223 cubic foot of rater per second of time, absolute. In support of this requst, the Applicant states that a 3 inch diameter pipeline conveys laid water to Mills Saari.... Spring (Case No. u7Cn240) m10 from there to.the places of said use. The Referee does therefore conclude that the above entitled Application should be granted and that 0.0223 cubic foot of water per second of time is hereby awarded to Beard Spring, for domestic, fire fightinC, stock water and the irrigation of one acre of Iowa, with Appropriation date of the 1st day of May, 1987, absolutely and unconditionally; subject. however, to all earlier priority rights of others and to the 1nte retic.. 2nd tat:;ilatioi. Division Engineer of such priorities and ‘hanses of rights in accordance with 1:w. •it • v (1-1988) Kills 87CW239 Ruling of Referee Page 2 RECEIVED FEB 26 1988 ow OF WATER RESOURCES STATE ENGINEER COLORADO It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the approvelate Diviiiwn •n,ipeer v1.6 the qtr. a Engineer. Dated (370v.:,►7 2 /.0.9 BY THE REFEREE: ea • all! tee a eree Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, ad is made the Judgment and Decree of this Court. Dated �l,(J/lu�.„/'> gate i u ae s t C—D FIELD. INSPECTION SHEET RETURN TO OFFICE NO LATER THAN 12/14/87 Page 1 of 2 CASE NUMBER: ' ' F7Ci 239 WATER DISTRICT: 53. WATER COMMISSIONER: aH! L`:)EX, J111 NAME OF APPLICANTS): 'JOHN A. !MIS' • NAME OF - STRUCTURE(S) : • ' BEARD SPRING DATE INSPECTED; :/174.u. tire) IF WELL, PERMIT 0: ANSWER'THE FOLLOWT.1G'QUESTIONS:ABOUT".THIS WATER APPL'I.CATION ' PRIOR TO'INSPECTION 1. WHAT TYPE APPLICATIQN: New Structure Enlargement Transfer Alternate Point Due.Diligcace Change in Use Conditional Rade Absolute . Other 2. IF THIS HAS AN EXISTING DECREED STRUCTURE, GIVE: ID fr Exact Name of.Existing Structure as Tabulated: Exact Name of Existing Structure as Decreed: 3. FOR TRANSFERS, ALTERNATE POINTS, DUE DILIGENCE, CIIANCE.IN USE, CONDITIONAL. MADE ABSOLUTE.— ARE THE FOLLOWING ITEMS ON THE APPLICATION CORRECT? Ieslor Nu Priority Number Adj Date 'r Approp Date Amount ' If any not correct, explain: ANSWER THE FOLLOWING QUESTIONSDURING INSPECTION 1. IS THE DRAINAGE AND TRIBUTARY CORRECT? Y , 5 STREAM NUMBER: '00 4 STREAM MILEAGE: 2. IS THERE A PHYSICAL STRUCTURE? Y§ 5 IF.S0, DESCRIBE: (Ditch Size, Pump and Capacity, Headgates, M_easuring Devices, Etc.) S,(10 /^.,. a%1 •I; rt, 5 a. tch Size 6 u . eti a. % d c:.4, J ,` 1. `/ 1 E! P. t✓ i4' 1 C r ' :'t ,er ,O'e o 1 4r{. .tom GI !t rt p4 , 4/_•‘•J L.� r i h k`1 e 1:T ' 5' yP) , ✓ra'. 3. HAS WATER BEEN APPLIED TO THE BENEFICIAL USES AS STATED IN THE APPLICATION? •y it 5 . . . . ' • . IN WHAT AMOUNTS? rf+i.ifil&f.0 r ,e; A:i d Recommended Amount—,(2;41 j c.f.s. Absolute amu, e.t.a. Conditional Acreage 4. IS THE AMOUNT OF WATER REQUESTED EXCESSIVE FOR THE PROPOSED USES? /t/ o' .. . .. . . . 5. IN A DUE DILIGENCE CASE, IS THERE PHYSICAL EVIDENCE AT THE SITE THAT WORK HAS BEEN CONDUCTED? ' ' ' PLEASE EXPLAIN: 6. IN A TRANSFER OR CHANGE CASE, WHAT IIAS BEEN THE HISTORIC USAGE (Type, Amount, Timing, Acreage)? 6.1 What other Hater rights possibly damaged? /E! d N 6.2 What.restrictions teed be imposed to prevent injury? ,1/21,t/ GO TO PAGE 2 FIELD INSPECTION SHEET Page 2 of 2 CASE NUMBER : S7CW239 NAME OF STRUCTURE(S): BlIARD SPRI G 7. COMMENTS AND RECOMMENDATIONS: .4 5 5.7 c& i e ra ( i c:sr �ati'CA d:d vb w /S. 5 0 "4 r". e. r- ;'s 7 DECREED A ACTUAL LEGAL DESCRIPTION FROM FIELD INSPECTION - DOES IT HATCH APPLICATION? y C . 7 C y,l"i 4/2 GRID SCALE I" - 2,000' (TOPO SIZE) SEC TWP RANGE 160 40 10 DISTANCE FROH DISTANCE FROM NORTH/SOUTH LINES EAST/WEST LINES HAVE YOU PLOTTED ON YOUR OWN TOPO HAPS? 1 DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Application Nu. 87CW240 otu NG OF REFEREE iN THE NATTER OF fHE APPLICATION FOR WATER RIGHTS OF JOHN A. MILLS, IN THE COLORADO RIVER. OR iTS TRIBUTARIES, TRIBUTARY INVO'.YED: SWEETWATER CREEK, IN GARFIELD COUNTY The above entitled Application was filed on October 28. 1987. and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 10th day of November. 1981, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973. known as The Water Right Determination and Auministration Act of 1969. And the undertl9ned Referee having made such investigations as are necessary to determine whether or not the statements to the Application are true and having become fully advised with respect to the subject matter of the Application, ;gas hereby make the following determination and Ruling as the Referee in this matter. to wit: 1. The statements In the Application are true. 2. The name of the structure is Mills Spring. s, .The name end address of the Claimant: Joan A. Mills; P. 0. Box 2281; Midland, Teras 79702. 4. The source of the water Is a spring tributary to Sweetwater Creel:, tributary to tiie Colorado River. 5. the point of diversion is in Section 28. T. 3 S.. R. 87 W. or the 6th P.M. at a point which bears S. 34°01'53" W. 2855.0 feet from the HE Corner of said Section 28 and said Spring also bears S. O1°45'35" E. 42.15 feet from a rnfprpnee onnn..nf ".r rete . LS i2GOLS. 6. The use of the water it donestic. ir:1yatlor, of one acre of lawn, fire protection and stock watering. 7. The date of initiation of Appropriation Is 1952. 8. The amount of water claimed is 0.0334 cubic foot of water per second time. abseletc. of The Anelt: ant !tett: that �. ;a;J wing is enclosed in a cinder Diock tank measuring 11.7 feet by 7.0 feet. Water from the spring box is conveyed to various residences for said uses by means of a 3 inch diameter pipe. train LA.. 1 (I-1988) Mills 87&.W240 Rtping_of Referee Page 2 REC t A E° FEB 19 %Ia 1 1v of vi.mtFd PE:SOURCES e:i'A:ff, F.1471f4 .CR Tho referee .does ♦ refor� ..t�.,tt that th.. .t_.._ therefore v.o ei.titled nyp,iceiiun should be granted and that 0.0334 cubic foot of water aper second of time is hereby awarded to Mills Spring, for domestic, irrigation of 1 acre of lawn, fire fighting and stock watering purposes, 'ith Appropriation date of 1952, absolutely and unconditionally; subject, however, to all earUar priority rights of otheradd to the integration and tabulation by the Division Engineer of sucn n Iorities and chann•c .,f ril!.tr. in �c;crd,;- :r::., ran. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. it is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated :5;,./ - /3 /Jl BY THE REFEREE: ✓.,:te dater vso , a(:� ..��7.: ttoo...' hater Division Ho. 5III `7/aNG«' State of Colorado / /�f�l4ris,, h Ho protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this t.ourt. Dated egi.: , / 4' t :r{ // it i;i .(: ` We) Judge "'Arra n ► R`i H r. t H ;:'r cT_CN ,a;EET RETURN TO OFFL'E NC LATER THAN 11/14,''3' CASA NUMBER: R7CW2.•u WATT Dib—RIC't': ?:i WATER COM)IISSIOt;r_r.: SETA -MN, -11:1 NAME OF A.PPLICALiT(S): .ti;iHX A. MFI.'.$ NAME OF STRUCTURE(S): ' MILLS SPRTNC DATE INSPECTED; iL= ri `� 7 IF WELL, PERMIT ANSWER THE FOLLOWING OUESTIUN .ABOUT THIS WATER APPLICATION PRIOii TO INSPECTION L. WHAT TYPE APPLICATION: New Structure Enlargement Tr nsier Alternate Point _ Due Diligence Change in Use Conditional Made Absolute Other 2. IF THIS HAS AN EXISTING DECREED STRUCTURE, GIVE: ED it Exact Name of Existing Structure: as Tabulated: Exact Name ui Ex1:i.:,0? Seruoture ae Decreed: 3. FOR TRANSFERS, ALTERNATE POINTS, DUE DILIGENCE, CHANE IN USE, CONDITIONAL RADE ABSOLUTE — ARE THE FOLLOWING ITEMS..ON THE AYNLLCATION CORRECT? (Yti :x N. Priority Number Adj late Approp Dare Amount L,- --Lf any not correct, explain: 1. ANSWER THE FOLLOWING QUESTIONS DURING INSPECTION IS THE DRAINAGE AND TRIBUTARY CORRECT? ti 3 STREAM NUMBER: STREAM MILEAGE: 2. 1S THERE A PHYSICAL STRUCTURE? ye () IF SO, DEScRIRE: (Ditch Size, Pump and Capacity, Headgatea, Measuring Devices, Lt::.) t j 3. HAS WATER BEEN APPLIED TO THE BENEFICIAL USES AS STAWtN THE A?PLICATIu V v. C. IN taw AMOUNTS? .41 I. :? '. �' . �' '3 a - ,' ;77, RecoMiended Amount C „':y Li c.f.s. Absolute c.t. CONI Ition.L Aereage 4. IS TRE AMOUNT OF WATER REQUESTED EXCESSIVE FOR THE PROPOSED USES? 5. IN A DUE DILIGENCE CASE, IS THERE PHYSICAL EVIDENCE AT THE SITE. T UAT WORE HAS BEEN CONDUCTED? ' PLEASE EXPLAIN: 6. IN A TRANSFER OR CHANGE: CASE, WHAT HAS BEEN THE IILSTURLC USAGE (Type, Am: unr , Timing, Acreage)? ___- 6.1 What other water rights ars: possibly damaged? ,(./ e -•C.' 6.2 What.restri.crions need be imposed to prevent injury? 4,+ A e CO TO PAGE 2 FIELD INSPECTION SHEET Page 2 of 2 CASE NUMBER: Si CW2,10 t1AlE OF STRUCTURE(S): MILLS SPRING 7. COM1EUTS MID RECOMMENDATIONS: -5f'r". ! /0 C. , .V u j cr t. d h ri f I) (I. � � y c'. « t' a, l..i%At: ,tii 55: :.ti'c' DECREED S ACTUAL LEGAL DESCRIPTION FROM FIELD INSPECTION -. DOES IT HATCH APPLICATION? Y N GRID SCALE 1" - 2,000' (TOPO SIZE) SEC _ TWP ,`J RANGE u 7 160 40 10 DISTANCE FROM DISTANCE FROM NORTH/SOUTH LINES EAST/WEST LINES HAVE YOU PLOTTED ON YOUR OWN TOPO MAPS? David Pesnichak From: Justin Kirkland <Justin@gypsumfd.com> Sent: Thursday, February 12, 2015 1:54 PM To: David Pesnichak Cc: Brian Widhalm Subject: 7w Ranch Minor subdivision Mr. Pesnichak, EXHIBIT Thank you for the opportunity to comment on file MISA-8031. I apologize with my tardiness but I have been very busy with Alpine World Ski Championships. I have no concerns with the subdivision as proposed and my only question is; what is the new owner's intentions for fire protection water? The existing parcel has a lake we have used in the past for a previous fire but this being a new lot, I am unclear on the intentions. I also am ok with this not being defined until the dwelling size and construction type is determined at a later date. Thank you, Justin Kirkland Fire Chief Gypsum Fire Protection District 511 Second Street /PO Box 243 Gypsum, CO 81637 970-524-7101 ext. 15 PRIVILEGED CO` MUNICATION. This email may contain privileged and confidential information intended only for the use of the individual or entity named above. Dissemination, distribution or copying of this communication is strictly prohibited. If you believe that this email has been sent to you in error, please reply to the sender that you received the message in error and delete this email. 1 Garfield County TIMELINE WAIVER REQUEST February 11, 2015 (Date) EXHIBIT D �. 5 Julie Hanson (print name) hereby waive any applicable timelines specified in the Garfield County Land Use and Development Code, as amended and in the Colorado Revised Statutes for scheduling and/or conducting a public hearing before the Garfield County Planning Commission and/or the Board of County Commissioners for (project name and number) 7W Guest Ranch Minor Subdivision - MISA-8031 Signed by: CJi.q" J _\ CI j'vJ(n (Applicant or Authorized Representative) Garfield Count' TIMELINE WAIVER REQUEST March 3, 2015 (Date) Julie S. Hanson (print name) hereby waive any applicable timelines specified in the Garfield County Land Use and Development Code, as amended and in the Colorado Revised Statutes for scheduling and/or conducting a public hearing before the Garfield County Planning Commission and/or the Board of County Commissioners for (project name and number) 7W Guest Ranch Minor Subdivision - MISA-8031 Signed by: (Applicant or Authorized Representative) David Pesnichak From: Julie Hanson <jhanson@bch-Iaw.com> Sent: Tuesday, March 03, 2015 2:32 PM To: David Pesnichak Subject: RE: Division Letter Attachments: Timeline Waiver Request 2.pdf Thanks — I e-mailed Brian to try to get some additional information. We will likely have to go to the owners to get more information as well. Attached is the timeline waiver form. Per our conversation this is a request for an additional 30 days — up to April 2, 2015 Thanks, Julie Please note new e-mail address: jhanson cr,bch-latiti•.cont Julie S. I-lanson Beattie, Chadwick & Houpt, LLP 932 Cooper Avenue Glenwood Springs, CO 81601 Tel: (970) 945-8659 Fax: (970) 945-8671 jhanson@bch-law.com www.bch-law.com