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Home My WebLink About4.0 Staff Report BOCC 12.08.08Exhibits for a Preliminary Plan Public Hearing on 121812008 (BOCC) - Quicksilver Court Preliminary Plan t >/r / too4>- '"/7.4v/o &n'r* Zf "ubk' '-o/'"ry1 L> /*,* ,,tole- f*/'n''V 6oG,' frf**cl G-o) -z(,,0 I z?5, Exhibit Letter (A.ta Z) Exhibit A Mail Receipts B Proof of Publication C Garfield County ZoningResolution of 1978, as amended D Garfield County Subdivision Regulations of i984, as amended E Garfield County Comprehensive Plan of 2000 F Application G Staff Memorandum H ffiRoadandBridgeDept.datedSeptember9.n,2008 I ffiPlanningProiectEngineer,datedSeptember10*,2008 J Opt"t"" l"tter f.o- Colorado Division of Water Resources, dated October 9'n, 2008 K Lette. fr@ical Survey, dated September 29rh,2OO8 L ffiuntyVegetationManagement,datedoctober10.n,2008 M ffioDepartmentofTransportation,datedSeptember11*,2008 N C dated December 2nd, 2008 {ro*t 4o/re oncl Cb,,;rt/ 4 . CCu /, ?-. .1^ k, REQUEST: APPLICANT / OWNER: REPRESENTATIVE: LOCATION: PROPERTY SIZE: WATER: SEWER: ACCESS: EXISTING ZONING: SURROIINDING ZONING: COMPREHENSIVE PLAN: PROPOSED DENSITY BOCC r2l8l08 DP Preliminary Plan review for Quicksilver Subdivision G.H. Daniels III & Gregory Hasenberg Terrill Knight, Knight Planning Services, Inc. Lots2 and2A Grass Mesa Ranch 79.82 acres 3 permitted water wells ISDS Quicksilver Road ARRD ARRD Study Area III (Subdivision) 7.882 Acres / Dwelling Unit (includes 3 ADU's) PROJECT INFORMATION AND STAFF COMMENTS I r ,] Il"/ ,{ x X *nrtl aftriff 4$.ur{',5r Glt r 1.fl6{ il.d,fir t,lllrflgfrr i ?,. 4tt!{t't* A-rrlrmr(sofcrcryaEllltr r$-rrlf reC' LtJiH Hlrf r.s{Hr11 {E -i*-qI [ff+ tir$rfi If.ro.e+ro.tF b{rr-O.tlIr&m U- 'so \]5\ t\t}j * -:\rit\ # *ffi,.e. ii tEf,f lc +r(- *oJ.., i {tlF: ;l I 1ttlIt ''l Iitt E,tP yr u1,.JfrT .ll-f rlaa rY. i rffi* *_-- r tt&t b, il- so" utsnl-t r ? rBt' !rI! I ftm^r;r EIEE! I hra-q*J--F= tr= {'=fr, 3Er rfiLlrr r,.Elrli! tr.ml*r* *F (P r op os e d pr oj e ct I ay out) ,' t4,r r, .3rttrr |'./ Icfit f* +l* J) tr.rI aa, l1 Il 1tll rod sr tt - -+l9ruiv ,, tf(rsf i 1IFOrHi.r, ll ',t I. GENERAL PROJECT INFORMATION A. Background This application was heard by the Planning Commission for Sketch Plan on September 26,2007 and for Preliminary Plan on October 22,2008. On October 22,2008, the Planning Commission recommended approval with conditions. In November 2008, the Grass Mesa Home Owners Association (HOA) began the process to allow one Accessory Dwelling Unit (ADU) per 20 acres within the restrictive covenants. Although this has not officially been approved by the Grass Mesa HOA as of the writing of this Staff Report, the Applicant has requested a reduction in the number of ADU's within the Daniels-Hasenberg Subdivision from five to three in order to maintain consistency with this expected amendment to the restrictive covenants. The three ADU's are proposed for lots 1,5 and7. B. General Property Location / Description The subject property is located south of fufle in the Grass Mesa Subdivision. More specifically the subject property is described as Lots 2 and 2A of the Grass Mesa Subdivision. A single family home currently exits on the proposed Lot 3. C. Proposal The Applicant requests approval of the Preliminary Plan subdividing 79.82 acres into seven (7) single-family residential lots. The Preliminary Plan also requests approval for an accessory dwelling unit on Lots 1, 5 and 7. Access will be provided to Lot 2 from existing private road Quicksilver Way. Lots 1 and3-7 will be accessed from a proposed internal cul-de-sac. Proposed Development Designation Acreage Four Single-Family Residential Lots Three Accessory Dwelling Units Lot Size Breakdown Lotsl-7 Lots 1,5 ar:rd7 Area 79.82 17.262 acres 10.528 acres 1 1.307 acres 10.011 acres 10.004 acres 10.021 acres 10.012 acres II. REFERRAL AGENCIES The Preliminary Plan Application was referred to the following agencies and County Departments for their review and comment. a. City of Rifle: No comments received b. Rifle Fire Protection District: No Comments Received c. RE-2 School District: No Comments Received d. Garfield County Road and Bridge Department: Exhibit H e. Garfield County Vegetation Manager: Exhibil L f. Colorado Department of Transportation: Exhibit M g. Colorado Division of Water Resources: Exhibil J h. GarCo Building and Planning Project Engineer: Exhibil I i. Colorado Geological Survey: Exhibit K j. Bureau of Land Management: No Comments Received M. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located in Study Area III, with the designation of "Subdivision" on the Proposed Land Use Districts Map. The proposed subdivision generally complies with the Comprehensive Plan. N. APPLICABLE ZONING REGULATIONS The subject lot is located within the A/R/RD Zone District and is subject to all regulations found in Section 3.02 of the ZorungResolution. A. Proposed Uses The Applicant is proposing to subdivide Lots 2 and 2A of the Grass Mesa Subdivision into 7 single-family residential lots with an Accessory Dwelling Unit on Lots I and 4-7. B. Common Dimensional Requirements proposed lots exceed the minimum lot size allowed in the ARRD Zone District. 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 (ll2) the height of the principal building, whichever is greater. (Supplementary Re gulations) V. SUBDIVISION REGULATIONS A. Domestic Water The Applicant has provided three (3) well permits allowing the use of ground water for household purposes inside a total of twelve (12) dwelling units, two more then the ten (10) proposed dwelling units. The existing wells are augmented by a West Divide Water Conservancy District Contract. The application was referred to Colorado Division of Water Resources. Staff received a 'No Material Injury" letter finding that the proposed water supply will not cause injury to existing water rights (Exhibit .f). Water quality samples were collected from "Hasenberg Well No. 1 and Daniels Well No. 2". Coliform was detected in Daniels Well No. 2. As required by Garfield County Subdivision Regulations of 1984, the Applicant will be required to submit a pump test and water quality analysis on each of the three (3) wells to serve the proposed subdivision. B. Waste Disposal Wastewater is to be handled by an Individual Sewage Disposal System (ISDS) on each lot. It will be the responsibility of each individual lot owner to install engineered ISDS. C. 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 tronsferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). " E. D. Access Each Lot will have access via an existing private road system. Since access is provided to each lot via a private road Garfield County Driveway Permits will not be required. The Applicant will be required to conform to all requirements of the Grass Mesa Covenants regarding access. Access is provided to Grass Mesa Subdivision via Bureau of Land Management fught-of- Way. The Applicant's attorney, Christina Sloan has reviewed the existing BLM Easement and Grass Mesa Homeowner's Association private road easement. It is her opinion that the Applicant has legal access as required by Garfield County Subdivision Regulations of 1984, $a:60(C) and 9:31. The Bureau of Land Management provided no corlments regarding the proposed subdivision. Traffic Generation The application included a Traffic Impact Study prepared by Kimley-Horn and Associates, Inc. In the study, fourteen (14) dwelling units were used to calculate the Average Daily Trips (ADT) of the proposed development. This count included the possibility of an Accessory Dwelling Unit on each lot to describe the impacts of the proposed development. After the completion of the study it was determined that only five (5) lots would have an ADU due to legal water constraints. Following further considerations regarding conformance with the neighborhood and the desire of the HOA, the number of ADU's was reduced to three. The intersection of Grass Mesa Road and County Road 319 (Mamm Creek Road) is expected to continue to operate a Level of Service of "A" (A : average total delay seconds/vehicle <10). A long range projection at this intersection was not included in the Study. Staff referred the Application to Garfield County Road and Bridge Department (Road and Bridge) (Exhibit H). It is the Opinion of Road and Bridge that the proposed development will have a minimal impact on County Road 319. Declaration of Restrictions. Covenants and Subdivision Improvements Agreement Although the proposed development will be subject to the existing Grass Mesa Subdivision Covenants, the Applicant is required to create any necessary restrictions and covenants, including a homeowner's association, specific to the proposed development. The Restrictions and Covenants created by the Applicant shall include a reference that each lot is subject to the existing covenants enforced by the Grass Mesa Home Owners Association. The Applicant shall submit the covenants for review with the Final Plat application, including information from Grass Mesa Homeowner's Association concerning how the new lots will be included in that Homeowner's Association. The Applicant is required to create a Subdivision Improvements Agreement (SIA). Staff can provide the Applicant's attomey a sample form SIA upon request. Fire Protection A 1.061 acre feet fire protectionpond is proposed encumbering aportion of Lots 5 and 7 as shown on the Preliminary Plan. A dry hydrant (design to be approved by Rifle Fire 7 F. G. 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I "I:2,S.riX.I ,o .^ tt .) t+ f" * 'l l*.6.I 1t-3,.1 1!.,f .3 $ t l'i.'t-.1"s.! ,tcti+"iry [i**prurq'RtiErr,rrr:c hr$;tctirrn Il:sg:ced+rtt In*g:cr:*un Irrsl:r{ t!rtlt Itrspcrtiutt Irrrp+ltiart ,rlSi)S{i!"i{}r'} I nilrrlr:!ilrt Irrslrc*i+rr I nrJ!.{'tinn In*1*ctl,>rz lntprr:li*n I n*g:,tr ti*:r Irutprcurltr !r,rqrr:rti+rr Irrrp*r: r i*n : rltl're.{ i{r r! ! nr pccritl tl Irrrpecrir-rn IusSre rti':tt ln prriurr lrr*prrli orr Irr*pr:ctiu:r Te*r'l r+t Tcrr 'I {:tl T'rrt l"csr Tu:t X,rtt ft*l'Ikrr i'crr 1't:st I rit T+:.:,t-11:*l Tr$1 {rsr "i\rrr T,:.rt !tf;tirtt*xrrtr Ir!;r irltetlir: r.l t !l;rirrqrrrnrr{c s2. 9 (Pr opo s e d maint enanc e s che dul e) (Proposedfire protection pond and access easement) H. Vegetation Management Staff forwarded the application to Garfield County Vegetation Management for review. (Exhibit L). The following comments were provided: t0 Noxious Weeds Inventory and mapping It is requested that the applicant inventory the property for County listed noxious weeds, and provide specific weed infestations on a map. Weed Management Staff requests that the applicant provide a weed management plan for County listed noxious weeds. These are weeds that we would like to treat immediately when they are found. I request that the applicant provide for noxious weed treatment this fall, weather permitting and thus prevent seed production before any earth moving work is started. Common area weed management Who will be responsible for weed management along the roadsides? Covenants Weeds are not mentioned in the covenants. Staff requests specific language pertaining to County listed noxious weeds to inform landowners that it is their responsibility to comply with the County Weed Management Plan and the Colorado Noxious Weed Act. Revegetation Please provide a map or information, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cuts, utility disturbances, and around the water tank. This information will help determine the amount of security that will be held for revegetation. The applicant has provided a plant materials list. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Corurty Weed Management Plan. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. Soil Plan o The soil plan is acceptable. Staff has included recommended conditions of approval specific to the vegetation. 1l I. Assessment / Fees Traffic Impact Fees will be calculated at the time of Final Plat submittal. Individual Lot owners will be responsible for the remainder at the time of Building Permit Submittal. Language regarding this requirement shall be included in the Restrictive Covenants. The proposed development is located in the RE-2 School District, which will require a standard impact fee of $200 per new lot. This fee shall be paid at Final Plat and included as a component of the Subdivision Improvement Agreement (SIA). The Rifle Fire District may require impact fees after review of the fire protection plan. J. Drainage Garfield County Building and Planning Staff engineer, reviewed the drainage plan provided by the Applicant (Exhibit 1). No comments were provided regarding the submitted drainage plan. VI. Suggested Finding 1. That proper public notice was provided as required for the hearing before the Planning Commission and the Board of County Commissioners; 2. That the hearing before the Planning Commission and the Board of County Commissioners was extensive and complete and that all interested parties were heard atthat meeting; 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 County; VII. Staff Recommendation Staff recommends that the Board of County Commissioners approve the subdivision 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 provide a pump test (minimum four hours) for each of the existing wells and an written opinion from the qualified professional conducting the test regarding the adequacy of the wells to serve the proposed development including the requested Accessory Dwelling Units to be submitted with the Final Plat application; 3. The Applicant shall provide a water quality analysis for each of the existing wells demonstrating compliance with state guidelines regarding bacteria and nitrates to be submitted with the Final Plat application ; t2 4. The Applicant shall be responsible for 50% of the Traffic Impact Fees at the time of Final Plat (to be calculated after submittal of Final Plat Application); 5. The Applicant shall include language in the Restrictive Covenants regarding the future lot owner's Traffic Impact Fee responsibility required at the time of Building Permit submittal; 6. The Restrictive covenants shall include language demonstrating the homeowners obligation to construct a 1000 gallon water storage tank for the purpose of domestic water supply; 7. The Applicant shall provide a weed inventory of the subject property identifuing all County listed noxious weeds and a map of specific weed infestations at the time of Final Plat; 8. The Applicant shall provide a weed management plan for as identified in exhibit L; 9. A common weed management plan including responsibility of individual lot and roadside weed management shall be included in the Covenants and Restrictions; 10. The Applicant shall provide a map or information that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cuts, utility disturbances, and around the proposed pond at the time of Final Plat; 1 1. Based on the total disturbed area, vegetation security shall be determined by Garfield County Vegetation Management and submitted prior to obtaining Final Plat approval; 12. Atthe time of Final Plat, the Applicant shall provide the Planning Department with a digital drawing file of the subdivision. The format of the digital drawing shall be in .dxf or .dwg format. The file may be submitted to the Department on 3.5" diskette, compact disc (CD), or via e-mail (in compressed format). The digital file shall be projected to fit within the parameters of UTM Zone L3,NAD 27,in suvey meters. A minimum of two ground control points displaying Northing and Easting shall be identified in the digital file. 13. The following plat notes shall be included on the Final Plat: a) One (t) dogwill be allowedfor each residential unit and the dog shall be required to be confined within the owner' s pr operty b oundari e s. b) No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (I) new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. c) All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interior of the subdivision, except that 13 provisions may be made to allow for safety lighting that goes beyond the property boundaries. d) No further divisions of land within the Subdivision will be allowed. e) Colorodo is a "Right-to-Fqrm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to occept the activities, sights, sounds and smells of Garfield County's agricultural operations qs 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 manur4 and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a le gal and non-ne gli gent agr icultural oper ations. fl All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and iruigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. g) Based on the analysis of the sub-soils on the property, Individual Sewage Disposal System and foundation designs ore required to be conducted by a registered professional engineer licensed to practice within the State of Colorado. These studies and plans sholl be submitted with individual building permit application for each lot. The cost of these studies shall be borne by the individual property owner. h) All streets are dedicated to the public but all streets will be constructed to standards consistent with Section 9:35 of the Subdivision regulation of 1984, as amended and repair and maintenonce shall be the responsibility of the Homeowners Association of the subdivision. The mineral rights associated with this property have been partially severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). Accessory Dwelling Units shall be limited to 1,500 square feet and may not be conveyed into separate ownership. k) All lots are subject to the Declaration of Easements, Restrictions and Covenants for Grass Mesa Ranch. i) t4 GARFIELD COI-TNTY Building & Planning Department Review Agency Form Date Sent: September 9, 2008 Comments Due: October 10,2008 Name of application: G. H. Daniels III & Gregory Sent to: Garfield County requests your comment in review of this project. Please notifr the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staffs contact: Craig Richardson 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. Ouicksilver Court is not on a County road and all construction will be exempt from the driveway access permit system. The added traffic volume onto Cr. 319 will not affect the total traffic load as Cr. 319 is an asphalt road and built to heavy haul road standards. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date September 16.2008 Revised 3130/00 Page 1 of 1 Craig Richardson TTFrom: John Niewoehner Sent: Wednesday, September 10, 2008 2:46 PM To: Craig Richardson Subject: Quicksilver Ct Engineering Comments Craig - - Here are my comments on the Quicksilver Subdivision Preliminary Plan: 1. Rojlds, Geometry - no comments.2. Tfaffic Study - no comments3. Gradrng - no comments4. Drainage and Etosiot Control - no comments5. U/ater€upply and Wastewater. Daniel Well #1 and Hasenberg well #2 have application pendings. Thus, until the applications are approved, we are not sure whether they have water supply. (The application states that the well permits will be obtained priorto Final Plat.). Daniel Well #2 test positive for total coliform. They need to have it re-tested. (l agree that this was probably a sampling error.)6. PleI. I think an easement is needed for the existing 18" drain pipe that empties onto Lot 3. \Mat is the status of the existing 20' wide access road that snakes across lots 3, 6 and 7? Who does this easement benefit? Why isn't the easement abandoned?7. SIA and HOA - - lt is the obligation of the HOA to maintain road, water systems and fire pond. Shouldn't we review these? I recommend that there be plat notes that describe these HOA obligations; particularly the obligation to maintain the fire pond and the road to the fire pond. 8. Gradjog Permil - ln order to construct the road and fire pond, the developer will need a grading permit. As part of the grading permit application, the developer will need to provide the County with a cost estimate for reclamation and a financial security for the cost of the reclamation. John t01r512008 DEPARTMENT OF NATURAL RESOURCES BiU Ritter, Ir. Govemor ; H:l fi VF]f) llarris D. sherman Exeo.rtive Director October 9, 2008 |JCI I 4 2oo8 Dickworre'P'E' Craig Richardson Garfield County Planning Dept 108 8th St Ste 201 Glenwood Springs CO 81601 Re.Quicksilver Court Subdivision Preliminary Plan Secs. 22 and2.7. TOS, R93W, 6TH PM W. Division 5, W. District 39/45 Dear Mr. Richardson: We have reviewed the above referenced plan to create a subdivision by merging two properties of approximately 39 plus acres and subsequently, subdividing the property into individual lots. The properties are owned by Jody Daniels and Greg Hasenberg. The combined acreage of the subdivision would be approximately 79.82 acres. This preliminary plan proposes that the subdivision would be subdivided into seven lots. Jody Daniels owns the 39.93 acre property to the north that is proposed to be lots 4, 5, 6 and 7. Greg Hasenberg owns the 39.89 acre property to the south that is proposed to be lots 1, 2 and 3. The plan proposes the development of 7 single family dwelling units and 5 accessory dwelling units. Each lot will contain one single family dwelling unit. An existing residence is located on lot 3. The applicant proposes to provide water services through wells pursuant to a contract with the West Divide Water Conservancy District. Sewage will be through individual septic disposal systems located on each lot. According to information provided by the applicant in the Preliminary Plan and associated materials including the Water Supply Plan by Jehn Water Consultants, three wells would be used to serve the 79.82 acre property. Lots 1 , 2 and 3 would be served by one existing well (Permit No. 67565-F) and lots 4,5,6, andT would be served by two existing wells (Permit Nos. 67566-F and 67567-F). The size of each lot varies from approximately 10 to 17 acres. Currently, well permit nos. 67565-F and 67566-F (associated with Daniels Well no. 1 and Daniels Well no. 2) were issued for fire protection, ordinary household purposes inside two (2) single family dwellings, two (2) accessory dwellings units, the irrigation of not more than 14,000 square feet (0.32 of an acre) of home gardens and lawns, the watering of four (4) head domestic animals, filling, refilling and storage of a pond and evaporation of a pond (surface area being 0.23 of an acre). Storage, filling and refilling of the pond may be frorn either well or in combination with these wells. Permit no. 67567-F (associated with Hasenberg Well no. 1) was issued for fire protection, ordinary household purposes inside three (3) single family dwellings and one (1) accessory dwelling unit, the irrigation of not more than 21,000 square feet (0.48 of an acre) of home gardens and lawns, and the watering of nine (9) head domestic animals. All use of these wells will be curtailed unless the water allotment contract (#070215GD(b)) or a plan for augmentatton is in effect. The well permits are valid and the water allotment contract is in effect. Office of the State Engineer 1313 Sherman Street, Suite 818 o Denver, CO 80203 r Phone: 303-856"3581 o Fax: 303-856'3589 www.water.state.co.us DIVISION OF WATER RESOURCES .-'UuUNfY & PLANNING R.f,( br i, ii ;L BUILDiN( Craig Richardson Quicksilver Court Additional District and valid well 2 October 9, 2008 test analyses and results was provided in the Water Supply Plan. The plan provides pump the three existing wells that indicate that the water supply from the three wells would be s with an adequate storage system in place for the subdivision. However, it should be that the water supply is derived from a fractured bedrock system in which yields may not be during times of drought or may vary with changing seasons. Pursuant to CRS 28-136(1)(hxll), it is our opinion that the proposed water supply will not cause injury to water rights so long as the District operates according to the terms and conditions of its current an for augmentation and the applicant maintains its contract with the rits. lf you or the applicant has any questions concerning this matter, please contact me at this for assistance. Water Resources Engineer ubdivision(Revised). doc Alan Martellaro,Engineer, Division 5 Mike Mello, Water issioner, District 39 EXHIBIT Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 coLoRADo cEoLocrcal ]unvev- servins the peopteor cororaaRE C EIVED COLORADO ocT 0 2 2008 GARFiELD COut..lI"Y BUILDING & PLANNING CGS LUR No. GA-09-0003 SESW, Sec.22, NENW, Sec.27, T65, R93W September 29,2008 Mr. Craig Richardson Garfield County Buildin$ and Planning Department 109 8t Street, Suite 201 Glenwood Springs, CO 81601 RE: Quicksilver Cou[t Preliminary Plan Geologic Hazards Review Dear Mr. Richardson, Thank you for the land use application referral. At your request, and in accordance to Senate Bill 35 (1972), this office has reviewed the Preliminary Plan Application submitted by your office and considered the geologic hazards and geologic conditions that may affect the land use development. Pertinent to this review is a geologic evaluation and preliminary geotechnical investigation by CTl/Thompson, Inc. dated January I 1, 2008 (Project No. GS05 135- 1 15) that was enclosed in the plan application. Please consider the following observations in your land use decisions. The site is located in the approximate center of Grass Mesa, which is located above the town of Rifle, about a mile southeast. The property lies on the east side of Ramsey Gulch which topographically divides the Mesa in half. Six lots are proposed; most are 10 acres in approximate size. Domestic water well and ISDS are proposed for this development. The land is on a broad alluvial fan known as Grass Mesa. The mesa top is relatively flat and geologically stable. The land has an obvious grade to the north towards a high bluff above the Colorado River. The subsurface materials were deposited as a series of ancient debris flows that coursed down from the Battlement Mesa highlands to the south. This sediment, which commonly can be composed of cobble to boulder-sized basaltic rocks, is more resistant to erosion than the underlying Wasatch Formation bedrock so the fan morphology is retained in the topography. Capping this rocky soil can be a thin mantle of fine-grained windblown soil called NAIURAL RESOURCES DEPARTMENT OF Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Vincent Matthews Division Director and State Geologist loess. Headward of Ramsey Gulch has gullied steep slopes into the fan, which occur in the western portions of 1,4, and 5. This office has iewed the report by CTL and generally concurs with the content. Our only real concern is the margins at lots 4 and 5. imity of the steep slopes of Ramsey Gulch along the western lot lope instability and landslides are common along the edges of high mesas in this area where instability. This instabill underlying Wasatch Formation claystone may be weak and prone to ndations may be placed on them. Perched ground water levels may drainage swale that moves through the property, south to north, where can worsen if additional water is introduced into the soils and allowed to perch on the The lots are large, though, so there is plenty of room to avoid the slope edges. Wi site-specific slope stability analyses, we would recommend that the no- build setback from the of the slope be doubled to 50 feet. The surface loessal soil may also be hydrocompactive so exist such that shallow seasonally occur along nsolidation and settlement may be an issue if isolated thicker deposits the pond is proposed.understand tha.t this pond is being lined. In closing the finds no geologic hazard that would preclude the development as it is intended provided site-ific foundation investigations, as recommended by CTL, are completed and the slope are avoided. ISDS will need to conform with state and county health regulations. If have any questions please contact this office at (303) 866-3551 or e- mail: i w Sincerely, Jonathan L. Senior Engineering Geo EXHIBIT L MEMORANDUM To: Craig Richardson From: Steve Anthony Re: Comments on the Quicksilver Court Subdivision October 1 2008 My comments are as follows: Noxious Weeds lnventory and mapping It is requested that the applicant inventory the property for County listed noxious weeds, and provide specific weed infestations on a map. Weed Management Staff requests that the applicant provide a weed management plan for County listed noxious weeds, These are weeds that we would like to treat immediately when they are found. I request that the applicant provide for noxious weed treatment this fall, weather permitting and thus prevent seed production before any earth moving work is started. Common area weed management Who will be responsible for weed management along the roadsides? . Covenants Weeds are riot mentioned in the covenants. Staff requests specific language pertaining to County listed noxious weeds to inform landowners that it is theiil responsibility to comply with the County Weed Management Plan and thd Colorado Noxious Weed Act. Revegetation Please provi[e a map or information, prior to final plat that quantifies the area, in terrls of acres, to be disturbed and subsequently reseeded on road cuts, utility disturbances, and around the water tank. This information vVill help determine the amount of security that will be held for revegetation. EXHIBIT 76 S. Main St., Ste. l Moab, UT 84532 Office: 435.259.9940 Cell: 970.309.2995 Tng Sroar\r LAwFmu, PLLC Chrisfina R. Sloan sloan@thesloanl ar.firm-co m www.thesloanlarfi rm.com * licensed in UT and CO De,cember 2,20A9 V lA EMA{L_: d pesnichak(0.gar:fi eld-cou rrty. com Dar,id Pesnichak Senior Piannsr. Garfield County I f]8 Itl' S*eet Glenrvood Springs, C0 rte.Psrtisl Withdrawal *f AtAU Requestfor $uicksilver C*urt Subd*tision in Grsss !{r,sa Ranclt Dear l)avid, On behalf of my clients, George II. Daniiels,III and Gregory Hasenberg, please accept this letter as the Applicants' formal withdrawal of their request for tw<r of tweh,e units in the Quicksilver Court Subdivision. To confirm, the App:licants now seek approval of the same seven (7) lots, each with a primary single-family dwelliing, and tlrree (3) accessory dwelling units ("ADU"), fo, a total of ten (10) units. Specifically, the Applicants seek approval of an ADII for Lot 28, Lot 2F, and Lot 2I.I" I-sf 'Ihe Appiicant's decision to withdraw tr,vo of the requested ADUs complies wjth the Grass Mesa I{omeowners' Association's desire to lirnit luture ADU permits to one (1) per every twenty (20) subdivided acres in Crass Mesa Ranch. In November 2008, the Grass Mesa Arehitectural Committee passed Rules and Regulations to restrict ADUs accordingly. The Applicants understand that the HOA intends to vote on an amendment to the Declaration, to adopt this restriction, at its next m€eting. Thank you for your prompt attention to this matter" Please call me with any questions. Gregory Hasenberg George H. Daniels, III Tenill Knight Christina R. Sloan, Esq. EXHIBIT Andre anLd Cheryl A. Chartier 4300 Grass Mesa Road Rifle, CO 81650 (e70) 62s-0s76 December 1,2008 Garfield County Board of County Commissioners 108 8th Street Glenwood Springs, CO 81601 RE: Jody Daniels and Greg Hasenberg Preliminary PIan Quicksilver Court SuLbdivision Dear Commissioners: We are writing to express our concems regarding the above referenced subdivision request on Grass Mesa Ranch, Rifle, Colorado. On November 3, 2008, you de;nied a subdivision application for Juan and Kathy Suarez for essentially the same type c,f subdivision requested by Jody Daniels and Greg Hasenberg in this application (i.e., the subdivision of one lot into several including accessory dwelling units). I believe )'our reasons for denial were based on a questionable water supply and the fact that Grass N4esa Road is not designed or built to the County's Road Standards. Grass Mesa Road: I mentioned in my letter to you of October 28, 2008 that the BLM will not allow further expansion of the existing road. I have worked as the Grass Mesa Homeowners Association's Manager for 9 of the las;t 13 years I have lived here. I have spoken with Vaughn Hackett of the BLM on several occasions about upgrading the portion of Grass Mesa Road in which we have an easement from BLM to use. Mr. Hackett has repeatedly told me that we were bound by the terms of that Easement Agreement and were prohibited from making any changes to the road's current condition. While BLM will undoubtedly renew our Easement Agneement, it is not likely they will allow us to bring this road to the County's Road Standards. Mr. Hackett has said "We (BLM) are not in the road construction business." In other words, what we have is as good as it is going to get. Mr. Hasenberg and Mr. Daniels have gone through the expense of hiring Kimley- Horn and Associates, Inc. to prepare a Traffic Impact Study. Please note that the study does not address Grass Mesa Road. It only reports on the conditions of County Road 319 and Quicksilver Way - not the actual road that connects the two which is Grass Mesa Road. The only mention of Grass Mesa Road is to say that the BLM intends to renew its Easement Agreement. Clearly, these consultants are aware of the dangerous conditions that Grass Mesa Road presents as it is constructed at 12%-17% grade on a north-facing slope. The road is a gravel road with no guard rails and is approximately 3 miles from County Road 319 to Quicksilver Wa1'. Water: The Well Permits issued to both Mr. Hasenberg and Mr. Daniels state as a Condition of Approval, " 1. This well shall be used in such away as to cause no material injury to existing water rights..." To the best of my knowledge, none of the residents on Grass Mesa Ranch has ever had their well permits decreed by the water court. As such, there is no requirement to perform stalic tests (or other injury-related tests) as to whether or not injury to these wells will result because of the excessive need for this subdivision. Water supply is a huge concern for all of us who live on Grass Mesa Ranch. We are very aware that our supply could run dry at any given moment. Approximately 50o/o of our residents'wells are already dry and they are forced to haul water for their domestic use. Mr. Hasenberg and Mr. Daniels suggest using 8.22 acre feet of water per year - most of which will be used to store water in an open pond to evaporate? While having their water augmented by West Divide Water Conservancy may benefit their intended use, what will that do for the rest of us? We urge the Commissioners frr Garfield County to consider the negative impacts on our HOA by allowing this subdivir;ion with accessory dwellings as well and thank you for denying the previous request. Sincerely, Cheri Chartier CCI cc: Grass Mesa Homeowners Association Board of Directors and Architectural Committee