HomeMy WebLinkAbout4.0 Staff Report BOCC 12.01.08Exhibits for Queen Subdivision Preliminary Plan Public Hearing on 1210112008 (BOCC)
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A Mail Receipts
B Proof of Publication
C Garfield County Zoning Resolution of 1978, as amended
D Garfield County Subdivision Resulations of 1984, as amended
E Garfield County Comprehensive Plan of 2000
F Application
G Staff Memorandum
H Letter from Glenwood Springs Rural Fire Protection District, dated August 16*,
2007
I Email from Jim Rada, Environmental Health Manager, GarCo dated August 2nu,
2007
J Opinion letter from Colorado Division of Water Resources, dated July 27*,2007
K Letter from Colorado Geological Survey, dated luly 29u,2004
L Letter of opposition from Ken Beckwith, 0889 Van Dorn Road, dated August
r3n,2007
M Well permit # 66061 - F
N Off Site Basin Drainage Map prepared by Zancanella & Assoc.
o Minutes from the Planning Commission hearing on9ll2l07
Exhibit
BOCC 12t01t2008 FJ
Queen Subdivision
Preliminary Plan
REQUEST
APPLICANT / OWNER
LOCATION
SITE DATA
WATER
SEWER
ACCESS
EXISTING ZONING
ADJACENT ZONING
RECOMMENDATION
Preliminary Plan Approval
Darryl and Cathy Queen
South of the City of Glenwood Springs, CO
4.64 acres
Well
ISDS
Van Dorn Road
Agricultural / Residential / Rural Density
Agricultural/ Residential / Rural Density
Open Space
Approval with conditions
BOCC 1210112008 FJ
I. GENERAL PROJECT INFORMATION
The Applicants are proposing to subdivide a 4.64 acre parcel into two (2) single-family
lots. The subject property is located off of Van Dorn Road which is just off of County
Road 117 (Four Mile Creek Road) in the Cheyln Acres Subdivision. Currently, the
property is improved with a single-family residence, shop building, well, and a garden
area all accessed via a gravel driveway from Van Dorn Road.
The subject property is situated in what is known as "Cheyln Acres Subdivision". Cheyln
Acres is not a recorded subdivision. The subject property was created and described by
a meets and bound description. The Final Plat submitted shall depict the proposed
development as Lots 1 & 2 of the Queen Subdivision.
II. REFERRALS
The Application was sent to the following County departments, and various other
agencies having jurisdiction for their review and comment:
A. Citv of Glenwood Sprinqs: No Comments Received
B. Glenwood Sprinqs Rural Fire District: Exhibit H
C. RE-1 School District: No Comments Received
D. Colorado Division of Water Resources: Exhibit J
E. Colorado Geoloqical Survev: Exhibit K
F. Garfield Countv Road and Bridqe Department: No Comments Received
G. Garfield Countv Environmental Health: Exhibit I
III. GENERAL RELATIONSHIP TO THE COMPREHENISIVE PLAN
The subject property is located within Study Area 1 of the County's Comprehensive Plan
and is designated as "Medium/High Density Residential" on the proposed land use
designation map. This designation indicates residential development is appropriate for
this property at a density of two (2) to less than six (6) acres per dwelling unit. This
designation is consistent with the underlying Agricultural / Residential/ Rural Density Zone
District (ARRD) and the density of the Applicants proposal.
V. APPLICABLE ZONING REGULATIONS
The following is an analysis of the proposed subdivision with the required zoning
regulations of the ARRD Zone District:
1. Proposed Uses
The Applicant is proposing to subdivide the subject property into two (2) single-
family residential lots which is contemplated as a "use by right" in the A/R/RD zone
district and is therefore consistent with the underlying zone district. For other uses,
the Applicant should consult Section 3.02 of the Zoning Resolution.
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BOCC 1210112008 FJ
2. Common Dimensional Requirements
o Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or
fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty
(50) feet from street centerline or twenty-five (25) feet from front lot line,
whichever is greater;o Rear yard: Twenty-five (25) feet from rear lot line;o Side yard: Ten (10) feet from side lot line, or one-half (112) the height of the
principal building, whichever is greater.o Live Stream: (Section 5.05.02 of the Zoning Resolution) A setback of 30 feet
measured horizontally from and perpendicular to the high water mark on
each side of any live stream shall be protected as greenbelt.
V. APPLICABLE SUBDIVISION REGULATIONS
A. Domestic & lrrigation Water
Domestic water is currently provided to the existing residence by a shared well. Water
will be provided to the proposed lot by a new well (application pending). A West Divide
Conservancy District Water Allotment Contract has been obtained by the applicant for
augmentation of the new well.
An opinion letter from the Office of the State Engineer, Division of Water Resources dated
July 271n, 2OO7 finds that the proposed water supply will not cause material injury to
decreed water rights, so long as the applicant obtains and maintains valid well permits.
Staff recommends that the Applicant be required to obtain an approved well permit and
conduct a water quality analysis on the new well prior to the submitting the Final Plat for
review.
B. Wastewater
The Applicant proposes that wastewater will be managed on new lot by an lndividual
Sewage Disposal Systems (ISDS). At the time of construction a percolation test and a
septic system designed by a registered engineer in the State of Colorado will be required.
The State Department of Health requirements for separation of ISDS systems and wells
shall be complied with.
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BOCC 1210112008 FJ
C. Roads /Access
Currently, the property is accessed via an existing driveway off Van Dorn Road from
County Road 117. The proposed lot will have direct access to Van Dorn Road and will
require a Garfield County Road and Bridge Department Driveway Permit.
D. Fire Protection
The application was referred to Glenwood Springs Fire Protection District for review.
Staff recommends that the Planning Commission recommend the following items be
included in the Covenants and Restrictions and item four (4) to be included in the
Subdivision lmprovements Agreement.
Fire Protection lv{inirnum requircmcnts tbr L$t 3:
I. AII structure o\..er 40$ square lbet srnslructtxl on krt ? shall have a monitored
automati* f-rrc suppression sS.stem instaltred in them, Thc systcm or systcms shall
be designed and installd to NFPA I3R standards and have an exterior Fire
Dcpar[mcat Connection antl hom strobe. This rquirernent rumoves the neetl lirr
g scpnr:nlel*dditionnl 2,ff)0 galln* water supply on Lr:t 2 ftir lire suppressiolt
purp$sBs.
2, When a structure is built on Lat 2 it i.s to b* dcsigncd and constructed using
rrrildlire rvise canstruction. A guicXe ro he ussl {i:r lr:nstruutkrr: design ard
materials is. Fii"rp.rsc {}on,xtruttinn Design and Materials by Peter Slack,
distributed by the Colorado Stato Forest Scnrice. Prior to linial d*sign and
building. the owner should meet u'ith Glenwoael Springs fire Dep*rtmcnt
to revicu, preliminary exterinr buitrding design antl materials.
-7- Friorto the issuing ul'a huilcling perrnit. it ivildfire hszards fue1s rniligation and
landscape plan shall be sutrmitted to Clenwood Springs Fire Departrnent for
review and approval"
4. ;\ccess to Lot 2 shall be dcsignul to Garfielil ftrunty road requirements and the
emergency vehicle acces$ requirements trf tlre Fire Cade mftirced hy Glenwond
Springs Fire Department at tlre time ofconstruction,
E. Drainaqe / Floodplain lssues
Two off-site drainage basins are identified near the subject property. Drainage from
Basin A (Four Mile Creek Basin) runs along the southern border of the property. Historic
flows have been mitigated by the vegetation in the basin. Staff recommends that the
Planning Commission require a site grading plan for the new lot be created by the
Applicants demonstrating how flows from the two existing basins will be mitigated prior to
scheduling this item before the Board of County Commissioners.
F. Wetlands
There does not appear to be any Section 404 permitting issues for this project.
G. Soils / Geoloqv / Radiation
Due to hydrocompactive soils known to exist in the area, Celia Greenman of the Colorado
Geological Survey recommends that a subsurface soil sample be collected from the
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BOCC 1210112008 FJ
building envelope to test for swell-consolidation potential prior to construction. Staff
recommends that the Board of County Commissioners suggest this item be included in
the Declaration of Restrictive Covenants.
H. Mineral Estate
It appears the property's mineral estate has been severed and is owned or leased to
another party. As a result, the Applicant shall include a plat note on the final plat stating
the following:
"The mineral rights associated with this property have been partially or wholly
severed and are not fully intact or transferred with the surface estate therefore
allowing the potentialfor natural resource extraction on the property by the mineral
estate owner(s) or /essee(s). "
l. Assessment / Fees
The proposed development is located in Traffic Study Area 8d. The traffic impact fees will
be calculated at the time of Final Plat.
The development is also located in the RE-1 School District. Prior to the submittal of the
Final Plat the Applicant shall obtain an appraisal for the unimproved per acre market
value of the proposed lot and complete the RE-1 school district fee formula found in $9:81
of the Garfield County Subdivision Regulations of 1984.
J. Declaration of Restrictions and Covenants and Subdivision lmprovements Aqreement.
The Applicants are required to create a Declaration Covenants and Restrictions (C&R's)
to be recorded with the Final Plat. The C&R's shall be in a form acceptable to the
Garfield County Attorney's Office. Any requirements from previous restrictions shall be
included is this document. The Applicants are also required to create a Subdivision
lmprovements Agreement (SlA) in a form acceptable by the Garfield County Attorney's
Office. The C&R's and SIA shall identify and govern both lots created by the proposed
subdivision.
VI. PLANNING COMMISSION RECOMMENDED FINDINGS
1) That proper public notice was provided as required for the hearing before the
Planning Commission.
2) That the hearings before the Planning Commission and the Board of County
Commissioners were extensive and complete and that all interested parties were
heard at those meetings.
3) The Application is in conformance with the Subdivision Regulations of Garfield
County, of 1984, as amended and the Comprehensive Plan of 2000.
4) That for the above stated and other reason, the proposed Preliminary Plan is in
the best interest of the health, safety and welfare of the citizens of Garfield
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BOCC 12t01t2008 FJ
County.
VII. PLANNING COMMISSION RECOMMENDATION
On September 12,2007, the Planning Commission unanimously recommended the Board
of County Commissioners approve the Queen Subdivision Preliminary PIan with the
following conditions:
1) That all representations made by the Applicant in the application, and at the public
hearing before the Board of County Commissioners and Planning Commission,
shall be conditions of approval, unless specifically altered by the Board of County
Commissioners.
2) The Applicant shall include the following plat notes on the final plat:
a) One (1) dog will be allowed for each residential unit and the dog shall be
required to be confined within the owner's propefty boundaries.
b) No open hearth solid-fuel fireplaces will be allowed anywhere within the
subdivision. One (1) new solid-fuel burning stove as defied by C.R.S. 25-7-
401, et. sew., and the regulations promulgated thereunder, will be allowed in
any dwelling unit. All dwelling units will be allowed an unrestricted number of
natural gas burning sfoyes and appliances.
c) All exterior lighting will be the minimum amounf necessary and all exterior
lighting will be directed inward and downward, towards the inteior of the
subdivision, except that provisions may be made to allow for safety lighting that
goes beyond the propefty boundaries.
d) No further divisions of land within the Subdivision witt be allowed.
e) Colorado is a'Right-to-Farm" State pursuant fo C.R.S. 35-3-101, ef seg.
Landowners, residents and visitors must be prepared to accept the activities,
srgrhfs, sounds and smells of Gaffield County's agricultural operations as a
normal and necessary aspect of living in a County with a strong rural character
and a healthy ranching sector. All must be prepared to encounter noises, odor,
lights, mud, dust, smoke chemicals, machinery on public roads, livestock on
public roads, storage and disposal of manure, and the application by sprayingor otherwise of chemical fertilizers, soil amendments, herbicides, and
pesticides, any one or more of which may naturally occur as a paft of a legal
and non-negligent agricultural operations.
0 All owners of land, whether ranch or residence, have obligations under Sfafe
law and County regulations with regard to the maintenance of fences and
irrigation ditches, controlling weeds, keeping livestock and pets under control,
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BOCC 12t0112008 FJ
using propefty in accordance with zoning, and other aspecfs of using and
maintaining property Resrdents and landowners are encouraged to learn
about fhese rights and responsibilities and act as good neighbors and citizens
of the County. A good introductory source for such information is "A Guide to
Rural Living & Smallsca/e Agiculture" put out by the Colorado Sfafe University
Extension Office in Garfield County.
g) Based on the analysis of the sub-soi/s on the property, lndividual Sewage
Treatment System and foundation designs are required to be conducted by a
registered professional engineer licensed to practice within the Sfafe of
Colorado. Ihese sfudies and plans shall be submitted with individual building
permit application for each lot. The cost of fhese sfudies shall be borne by the
individual property owner.
h) All sfreefs are dedicated to the public but all sfreefs will be constructed to
standards consisfenf with Section 9:35 of the Subdivision regulation of 1984, as
amended and repair and maintenance shall be the responsibility of the
Homeowners Association of the subdivision.
The mineral rights associated with this property have been partiaily severed
and are not fully intact or transferred with the surface estate therefore allowing
the potential for natural resource extraction on the property by the mineral
esfafe owner(s) or /essee(s).
Any building permit submitted to Garfield County Building and Planning
Department for the newly created lot shall include a sife specific grading plan
that addresses fhe drainage issues raised by the Zancanella & Associated
repoft authored by Tim Beck dated 4/28/03.
The Applicant shall provide a water quality analysis and approved well permit for
the well to serve the created lot to be submitted with the Final Plat.
The Applicant shall provide a copy of Declaration of Covenants and Restrictions to
be submitted with the Final Plat.
The Applicant shall provide a copy of the Subdivision lmprovements Agreement to
be submitted with the Final Plat.
6) The suggestions made by Glenwood Springs Rural Fire Protection District shall be
incorporated within the Declarations of Covenants and Restrictions and item four
(4) shall be included in the Subdivision lmprovements Agreements.
7) The Applicant shall prepare an "lndividual Sewage Disposal System Operation and
Maintenance Plan" to be submitted with the Final Plat. This plan shall be
incorporated into the covenants as part of the Final Plat application review.
3)
4)
5)
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BOCC 1210112008 FJ
8) The Applicant shall pay the Traffic lmpact Fee to Garfield County to be calculated
at the Final Plat. /, shall be paid prior to the signing of the Final Plat, the remainder
is to be paid at the time of obtaining a building permit. This information shall be
included in the Declaration of Covenants and Restrictions. This fee shall be applied
to the new lot being created.
9) The Applicant shall pay the cash-in-lieu for the School Site Acquisition Fee for the
new lot being created.
10) Prior to the submittal of the Final Plat the Applicant shall obtain an appraisal for the
unimproved per acre market value of the proposed lot and complete the RE-1
school district fee formula found in $9:81 of the Garfield County Subdivision
Regulations of 1984.
11) The Applicant shall provide a site grading plan demonstrating how flows from the
two existing basins will be mitigated with the submittal of any building permit on the
newly created lot. This shall also be required as a plat note on the Final Plat and
within the CC&Rs.
12) The Final Plat submitted shall identify the created lots as Lot 1 & 2 of the Queen
Subdivision.
13) The Applicant shall apply for a driveway permit prior to submitting the Final Plat for
review.
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EXH!BIT
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August 16,2007
To: Craig Richardson
Garfi eld County Planning Department
From: Ron Biggers
Deputy Fire Marshal
Glenwood Springs Fire Department
Re: Comments on application of Darryl & Cathy Queen, 0889 Van Dorn Rd.,
Glenwood Springs, CO
Include the fire protection items in the plat notes for this minor subdivision. If plat notes
are not required on subdivisions of this size have them noted in the binding legal paper
work required by Garfield County on this subdivision. At this time, the Queens' do not
know what they will do with the vacant parcel (Lot 2). If this subdivision is approved, the
fire protection requirements that need to be attached to the paper work on Lot 2 for future
reference by present or future owners of Lot 2 should structures be constructed on it.
Fire Protection Minimum requirements for Lnt 2:
1.All structure over 400 square feet constructed on Lot 2 shall have a monitored
automatic fire suppression system installed in them. The system or systems shall
be designed and installed to NFPA l3R standards and have an exterior Fire
Department Connection and horn strobe. This requirement removes the need for
a separate/additional 2,000 gallon water supply on Lot 2 for fire suppression
purposes.
When a structure is built on Lot 2 it is to be designed and constructed using
wildfire wise construction. A guide to be used for construction design and
materials is, Firewise Construction Design and Materials by Peter Slack,
distributed by the Colorado State Forest Service. Prior to finial design and
building, the owner should meet with Glenwood Springs Fire Department
to review preliminary exterior building design and materials.
Prior to the issuing of a building permit, a wildfire hazards fuels mitigation and
landscape plan shall be submitted to Glenwood Springs Fire Department for
review and approval.
Access to Lot 2 shall be designed to Garfield County road requirements and the
emergency vehicle access requirements of the Fire Code enforced by Glenwood
Springs Fire Department at the time of construction.
If you have questions contact me by email or phone (384-6433).
2.
J.
4.
IOI WEST STH STREET GLENWOOD SPRINCS. COLORADO 8I60I 970-384-6480 FAX970.945.8506
Craig Richardson
From: Jim Rada
Sent: Thursday, August 02,2007 4:40 PM
To: Craig Richardson
Subject: Queen Subdivision - Preliminary Plan Application
Attachments: Jim Rada.vcf
Considering that this application is for preliminary plan approval, I would recommend for approvalfrom my end.
I would like to see that the well permit for a new well on the 2nd lot is approved and perhaps a percolation test and
profile hole evaluation in an appropriate location on the lot for final plan approval. I am not familiar with ground
water quality in that area but assume that since there are other wells in the area, no major water quality issues
exist. Do you guys require some soft of water quality analysis for this type of subdivision application?
Jim Rada, REHS
Environmental Health Manager
Garfield County Public Health
195 W 14th Street
Rifle, CO 81650
Phone 970-625-5200 x8'l 13
Cell 970-319-1579
Fax 970-625-8304
E mai I irada @garfield:cou nty_,cem
Web www.garfield-county.com
9/6t2001
STAIEOFCOLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
http://www.water. state. co. us
July 27,2007
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
(Vacant)
State Engineer
Craig Richardson
Garfield County Building and Planning
108 8th St Ste 201
Glenwood Springs CO 81601-3355
R.ECEtrVED
AtiG 0 $ 2007
Qr;111. , ., 1-,-; t,,1._)1.:i{'l'Y
BU iiuri,tG & PLANI'II NG
RE: Queen Subdivlsion Preliminary Plan
WYzSec.3, T7S, R89W,6th PM
Water Division 5, Water District 38
Dear Craig:
We have reviewed the revised information regarding the above-referenced proposalto
subdivide a 4.64-acre parcel into 2 lots, each of which is to contain one single-family dwelling.
The applicant proposes to provide the water supply through individual on-lot wells, one of which
was registered under Permit No. 31592. The applicant proposes to augment the depletions from
both wells through West Divide Water Conservancy District Contract No. FM020827DCQ(a) for
1.0 acre-foot. Sewage disposal is to be provided through individual systems. Domestic uses are
estimated to require 0.8 acre-foot per year, and the irrigation of 8500 square feet of lawn and
garden per lot will require approximately 1.0 acre-foot per year. Total depletions are estimated at
0.8 acre-foot per year, and with a 5% contingency will be 1.0 acre-foot.
Permit No. 31592 was issued on July 24, 1967 for domestic use for the Geib Well, which
was also decreed in Division 5 Water Court in Case No. W-340. The submittal included a copy of
the January 30, 1980 "Declaration for Joint Use of a Water Well" that outlines the agreement to
share the subject well among three parcels, including the tract to be subdivided in the current
proposal Pernnit No. 66061-F rlras issued for the Queen Well#1 on July 27,2AA7 and allov,rs use
for fire protection, ordinary household purposes inside one single-family dwelling and the irrigation
of not more than 8500 square feet of home lawn and garden. This permit will expire on July 27,
2008 unless this office receives either proof that the well was completed prior to that date or a
request for a one-year extension of the expiration date.
The March 8, 2007 report from Zancanella and Associates, lnc. indicates that the well
produced 10 gallons per minute over an 8.5-hour period on May 24,2006, that the drawdown was
approximately 24 feet and that the g4% recovery occurred within approximately 30 minutes. With
sufficient storage capacity this well should provide an adequate supply for the proposed use. lf
the proposed well has a similar production rate, and if sufficient storage capacity is provided for
the proposed lot, the water supply should be physically adequate.
Based on the above, the State Engineer finds, pursuant to CRS 30-28-136(1)(h)(l), that
the proposed water supply will not cause material injury to decreed water rights, so long as the
applicant obtains and maintains valid well permits, and is physically adequate. lf you or the
EXHIBIT
5
l
Craig Richardson
Queen Subdivision Preliminary Plan
July 27,2007
Page2
applicant has any questions concerning this matter, please contact Cynthia Love at this office
for assistance.
4 -r/
I,', t",,)
Cynthia J. Love
Water Resources Engineer
CJUQueen iii.doc
cc: Alan Martellaro, Division Engineer
Bill Blakeslee, Water Commissioner, District 38
EXHIBIT
COLORADO GEOLOG]CAL SURVEY
Deportment of Noturoi Resources
i31J Shermon Sireet, Room 715
Denver, Colorodo 8020J
Phone (303) 866-261 1
FAX (303) 866-2461
Mr. Fred Jarman
Garfi eld County P lanning
108 8* St Suire 201
Glenwood Springs, CO 81601
Re: Queen Subdivision
CGS Review No. cA-05-0002
Dear Mr. Jarman:
July 29,2004
sw3 T7S R89W
DEPARTMENTOF
NATLTRAL
RESOURCES
Susrell George
Execuiive Dkector
Ronold lY. Cottony
Division Director
l4ncent Motthews
Stote Geologist
Bill Owens
Governor
L: response to your request and in accordance with Senate Bill 35 (1972) I visited this site to review the
plans for development. lncluded in the referral were a Preliminary Geologic Site Assessment prepared
by HP Geotech (Ju1y 18, 2003); a drainage letter prepared by Zancanella and Associates (April 28,
2004; and a Preliminary Plat prepared by River City Surveys (July 17,2AAr. The site consists of 4.6
acres to be divided into 2 residential lots.
Geologic Hazards. HP correctly points out the rockfall hazard from the outcrops of Mesa Verde to the
west. Rocks as large as small cars were found on the site, the largest occurring above the building
envelope. I did not observe any signs of recent rockfall, and it is true that the hillside is dotted with
homes that experience the same risk. A home situated above the subject site might serve to deflect or
absorb any rolling rocks.
There is a vegetated swale near the southern property line. Zancanella states that most of the drainage
from the siopes would be transmitted by this swale, even accounting for bulking from debris flows. I
a$ee with this assessment. However, the southern part of lot 4-B contains bare areas that suggest recent
movement of mud and small cobbles and gravel from sheet flow. The southern parl of the site also
contains steeper grades and breaks in slopes suggestive of slope movement and creep.
For these reasons, it is recommended that building take place in the eastem part of thq_4esignated
building envglope. wldch contains flatter areag. ZancanelTa notes that there should be adequate space
between residences to allow flows and that further mitigation could be undertaken by constructing a
berm/ditch upslope of the proposed residence. Such a structure would contain or deflect rocks and mud
that could be transmitted from rockfall or by storm flows.
Queen Subdivision, p. I
Soil. The Roaring Forh Valley is knorvn for hydrocompactive soil, a dry low-densify material that has
the potential to collapse when loaded and wetted. Before conskuction, it is recommended that a
subsurface soil sample be collected from the building envelope and tested for srvell-consolidation
potential. The foundation should be designed accordingly. Mitigation for collapsing soil could. be to
overexcavate, properly moisture-condition, and recompact the material. Management of surface and
subsurface drainage is critical to prevent post-conskuction damage from collapsing soils.
ISDS. The leach fie1d would be better placed on the eastern part of the parcel because of the gentler
slopes. The soil conditions must meet conditions prescribed by the county health departmenl or must be
engineered.
Access. The access must be shown on the piat.
ln summary, parcel 4-B could be developed provided that close attention is paid to siting, design and
implementation.
Please call me if there are any questions.UilM
Celia Greenma;fl
Geologist v
EXHIBIT
L
*.l1aln1
Garfield Planning Commission
108 8th Streot
Glenwood Springs. Co 81601
Re : Oueen's-0889 Van Dorn Road-9/ I 2 I A7 meetins.
To the Plannine Commission:
I am writing this letter because I will be in Minnesota during the hearing
reeardins the oroposed subdividing of the Oueen's properW. I want to
provide input for your review. I arn a neighbor to the Queen residence in the
Chelvn Acres SuMivision.
My input is that this is a request that is contrary to the inten! purpose , ffid
life sWle of this area. ChelvnAcres is a rural subdivision made uo of 3-5
acre parcels, several ofthem horse properties. Those of us who live here
chose to buy in a rural area with acrease because of the lifestvle and orivacv
it affords. A couple of years ago the Queens requested an exception to build
a second home on their oroperw. Now they are askins to split their lot into
two parcels. I do not want more density in this suMivision. You already
aoproved the two home scenario. Now if vou arxlrove this reouesl vou will
have to entertain a 5 acre homeowner request to subdivide their properly
into 4 lots to sell them offand make a rrrofit. etc....Then we will no longer
be a rural subdivision. I would suggest that if the Queens want to live in a
higher densitv thev should move into town rather than trving to convert this
great neiehborhood to meet their needs-
Sincerelvltu
RECEIVED
AUG I g Z00t
d;iii,^ffiji ###
Form No.
GWS.25
APPLICANT
PERMIT TO AWELL
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3s81
DARRYL & CATHY QUEEN
0889 VAN DORN RD
GLENWOOD SPRINGS, CO 81601.
(970) 945-5074
APPROVED WELL LOCATION
GARFIELD COUNTYSW 114 NW 114 Section 3
Township 7 S Range 89 W Sixth P.M.
DISTANCES FROM SECTION LINES
2370 Fl. from North Section Line
855 Ft. from West Section Line
UTM COO,RDINATES (Meters.Zone: 1 3.NAD83)
Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does noi assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) on the condition that this well is operated in accordance with the Fourmile Creek
Substitute Water Supply Plan, approved by the State Engineer on January 1,2007. This well shall not be operated unless it
is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the
water court. The subject water supply plan is currently valid through January 16, 2008, and if not extended or if a court
approved plan for augmentation is not in operation, this well permit is null and void and diversion of ground water from this
well must cease immediately. This well is accounted for under WDWCD contract #FMO2O827DCa(a).
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one single family
dwelling and the irrigation of not more than 8,500 square feet of home lawn and garden.
5) The maximum pumping rate of this well shall not exceed 15 GPM.
6) The annual withdrawal of ground waler from this well shall not exceed 1 acre-foot.
7) The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.
8) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
9) A totalizing flow meter musl be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
10) This well shall be constructed not more than 200 feet from the localion specified on this pernil./% 7 ZZ2oO/
APPROVED
CJL
EXHIBIT
tA
WELL PERMIT NUMBER
DIV. 5 WD 38 DES. BASIN
For Slate
DATE ISSUED 07-27-2007 DATE 07-27-2008
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Planning Commission Meeting
Minutes from September 12,2007
EXHIBITlo
PG Members Present
Phil Vaughan
Steve Reynolds
Sean Martin
Bob Fullerton
Shirley Brewer
Terry Ostrom
Shannon Kyle
Assistant
Staff Present
Fred Jarman, B&P Director
Craig Richardson, Planner
David Pesnichak, Planner
Katy Middleton, Planner
Christina Montalvo, Planner
Don DeFord, Cty Attorney
Carolyn Dahlgren
County AttorneY
Michael Howard, Assistant
County AttorneY
Roll callwas taken and the following members are absent tonight: Jock Jacober
and Cheryl Chandler.
The next item on the agenda is a public hearing request to review a Preliminary
Plan Application for the Queen Subdivision. Two lots are proposed from the
approximate 4.64 acres and the property under review is located off of CR 117.
The Applicants are Darryl and Cathy Queen.
Darryl and Cathy Queen are both present tonight. Craig Richardson is the
County Planner for this project.
Michael Howard will review the noticing requirements with the applicants. Cathy
Queen will respond to Michael's questions. Cathy Queen and her husband
Darryl Queen are the owners of this property under review. Mrs. Queen used the
County Assessor records on August 6'n to obtain property owner names within
200' of this parcel and any mineral owner names. Sent notice of hearing out by
certified return receipt on August 8th to all owners on the list. There are no public
land owners and there is one mineral owner. Notice included name of owner,
legal and practical description of property, time of meeting and reqYsst being
made. The earliest return of certified return receipt was August 10"'and the
latest were August 20th and Septembe r 2nd. Notice was published in the
Glenwood Post lndependent on August 12th with the same information that was
included in certified mailing, Rroperty was posted on August 12th on the SE
corner of the property in the public right of way on CR 1 17. The posted sign is
still in place as of this afternoon. Michael Howard reviewed documents and
stated that notice appears to be proper and it is okay to proceed.
Phil Vaughan swore in all speakers for this item.
Craig Richardson entered the following exhibits into the record:
Exhibit A: Mail Receipts
Exhibit B: Proof of Publication
Exhibit C: Garfield County Zoning Resolution of 1978, as amended
Exhibit D: Garfield County Subdivision Regulations of 1984, as amended
Exhibit E: Garfield County Comprehensive Plan of 2000
Exhibit F: Application
Exhibit G: Staff Memorandum
Exhibit H: Letter from Glenwood Springs Rural Fire Protection District, dated
8t16t2007
Exhibit l: Email from Jim Rada, Environmental Health Manager, Garfield County
dated 81212007
Exhibit J: Opinion letter from Colorado Division of Water Resources, dated
7t27t2007
Exhibit K: Letter from Colorado Geological Survey, dated 712912004
Exhibit L: Letter of opposition from Ken Beckwith, 0889 Van Dorn Road, dated
8t13t2007
Exhibits A - L are accepted into the record.
Craig Richardson presented the staff comments and project information. This is
for review of a Preliminary Plan Application for the Queen Subdivision. Property
is located south of the City of Glenwood Springs and is approximalely 4.64 acres
in size. Water will be provided through a new well (application pending) with
West Divide allotment contract for augmentation of the new well. Sewer will be
handled by ISDS. Property is currently zoned A/R/RD and access will be off of
Van Dorn Road which is just off of CR 1 17.
The subject property is located within Study Area 1 of the Comprehensive Plan
and is designated as Medium/High Density Residential on the proposed land use
designation map. The subject property is situated in what is known as Chelyn
Acres Subdivision. Chelyn Acres is not a recorded subdivision. The subject
property was created and described by a meets and bound description only.
An opinion letter from the Office of State Engineer, Division of Water Resources
dated July 27, 2007 finds that the proposed water supply will not cause material
injury to decreed water rights so long as the applicant obtains and maintains valid
well permits. Staff recommends a water quality analysis on the new well be done
prior to final plat.
Wastewater will be handled through an ISDS which will be required to be
designed by a State of Colorado Registered Engineer. The State Department of
2
Health requirements for separation of ISDS systems and wells shall be complied
with.
Concerning fire protection, the application was referred to the Glenwood Springs
Fire Protection District for review and staff recommends that the Fire District
comments be included in the Covenants and Restrictions.
Two off-site drainage basins are identified near the subject propefty. Staff
recommends that the Planning Commission require a site specific grading plan
for the new lot being created demonstrating how flows from the two existing
basins will be mitigated prior to scheduling this item before the BOCC.
The Colorado Geological Survey commented that a subsurface soil sample shall
be collected from the building envelope to test for swell-consolidation potential
prior to construction.
The proposed development is located in Traffic Study Area 8D. Traffic impact
fees will be calculated and collected at time of Final Plat. Property is also located
in the RE-1 School District which prior to the final plat submittal the applicant
shall obtain an appraisal for the new lot and complete the formula of the RE-1
District to calculate those applicable fees.
The applicants are required to create Declaration Covenants and Restrictions to
be recorded with the Final Plat.
Staff recommends that the Planning Commission make a recommendation of
approval for the Queen Subdivision Preliminary Plan with the conditions listed in
the staff report on pages 6-8. (All conditions were read into the record)
Shirley Brewer clarified that this property is part of Chelyn Acres which is not
recognized as a subdivision.
No questions for staff at this time so we moved out to the applicants for their
presentation next. Darryl Queen spoke first. They started this process about
three years ago. They had a well problem previously with the State but all is
okay now. There are no issues from his point of view. Do have some questions
about fire sprinkler system in lieu of water tank. Assume there is time for
negotiation before they go to BOCC. Darryl Queen has a copy of the well permit
which he handed to Phil Vaughan. Well permit is accepted into the record as
Exhibit M. Cathy Queen stated that a water quality test will be done on the well.
Darryl Queen referred to letter from Ken Beckwith regarding drainage. Two
drainage basins come through lot which creates two building locations. Thinks it
is pre-mature to do a drainage plan at the preliminary plan stage. Darryl Queen
said they addressed some of Mr. Beckwith's comments and that there is no
second dwelling on the Queen's property. Believes Mr. Beckwith is confused.
Moved out to the public for comments next and none were received so that
portion of hearing is closed.
Bob Fullerton has question for Craig Richardson on grading and mitigating
drainage basin. Does that just have to be outlined prior to BOCC if we move this
forward? Craig Richardson quoted Section 4.80 requires a Drainage Plan at the
same scale as the Preliminary PIan and prepared by an Engineer registered in
the State of Colorado. The applicant has provided drainage information but not a
drainage plan. Bob Fullerton restated, prior to BOCC correct. Craig Richardson
said that is correct.
Phil Vaughan wanted to be clear on the grading and drainage plan. This is not a
special request. This is done on every subdivision in the County. Grading and
drainage must be taken care of as part of the code and subdivision process.
Steve Reynolds made a motion to recommend approval of the Preliminary Plan
Application for the Queen Subdivision with the staff conditions listed in the staff
report with a modification concerning the updated letter received from the Fire
Marshall. Add a condition 2(J) concerning a plat note about fire and installation
of sprinkler system on Lot 2. Bob Fullerton seconded the motion. A vote was
taken and all approved motion unanimously.
4