HomeMy WebLinkAbout7.0 CorrespondenceIITI'ITIIT'I IIIIIIIII ITI
FIESbUHCE
ENGINEEFlING INC
Mr. Fred Jarman
Garfield County Building and Planning Dept
108 8th Street, Suite 401
Glenwood Springs CO 81601
RE: The Rapids on the Colorado PUD and Preliminary Plan
Supplemental Submittal Review
November 1,2006
NOv 0 I 2006
r.'rj . r.-:
Dear Fred:
At the request of Garfietd County, Resource Engineering, lnc. (RESOURCE) has
reviewed the Planned Unit Development and Preliminary Plan supplemental submittal
for The Rapids on the Colorado Subdivision near New Castle. The submittal includes
three spiral bound books dated October 5, 2006. A traffic report from Kimley-Horn and
Associates received via email October 31, 2006, an October 9, 2006 letter with
attachment from Leavenworth and Karp, P.C. and a set of 16 drawings dated September
27, 2006. Our review of technical criteria includes water supply/water rights,
wastewater, drainage, soils/geology, traffic/roads, and other agency permitting. Our
comments are presented below and are based on the Preliminary Plan Subdivision
Regulation requirements since the Preliminary Plan is included with the PUD submittal.
WATER RIGHTS AND WATER SUPPLY
The 104 lot subdivision is proposed to be served by a central water system utilizing two
wells, an existing treatment, system, an existing 150,000 gallon storage tank, and a
distribution system (some of which is existing) designed to provide fire flow. The existing
water system design was approved by the Colorado Department of Public Health and
Environment (CDPHE).
The potable water system will provide water for in-house and fire protection uses only.
All irrigation will be from a non potable irrigation system using water from the Moore
Ditch. The potable water diversions are included in a plan for augmentation decreed in
Case No. W-3262. Such decree augments out-of-priority depletions during the irrigation
season.
The Applicant has obtained one acre foot of contract water from the West Divide Water
Conservancy District, but such amount does not appear to be adequate. The Applicant
should obtain an amended water allotment contract for additional water prior to the
BOCC hearing.
The existing water system is owned by The Rapids on the Colorado Homeowners
Association. A letter indicating that the HOA will provide service to the proposed 104
lots is included in the submittal.
WASTEWATER
The wastewater collection and disposal for the project is proposed to be through a
central system. The Applicant has submitted a site application to the CDPHE for
ConsulEing Engineens and Hydnologists
9OB Colonado Avenue I Glenwood Spnings, CO El1601 I [97O) 945-6777 I Fax t97O)945,-1137
Mr. Fred Jarman
Page2
approval of a 45,000 gallon per day treatment facility. The site
approved prior to any Final Plat approval.
November 1, 2006
application must be
DRAINAGE
The drainage study and analysis is consistent with standard practices and meets
GARCO criteria. The drainage
-ptan
provides for conveyance of storm water through the
property and management oi *'"t"r io address water quality impacts from development
lctivitiei. The pla-n generally routes off site drainage around the lots with surface
drainage structuies or'into the control pond and orlt t9 the river open space in a pipe'
i6e Oiicnarge of all drainage systems is to grass lined swales prior to discharge to the
river.
The river frontage lots are within the flood fringe area of the floodplain boundary. This
lot area was the suuiect of a Floodplain Speciil Use Permit for the original subdivision'
The area was filled to raise the lot area above the 100 year base flood elevation' As a
result, the proposed lots are shown to be outside of the fioodplain. Portions of proposed
Lots i through l, iO through 18 and the wastewater treatment plant site are within the
floodplain O5unaary, Oui Etevated above the 100 year base flood elevation' lt is
recommended that'a new administrative Floodplain Permit be obtained for this project
due to the above and due to permit conditions which conflict with the new project and
our review recommendations dt tne proposed project. clean up of the floodplain permit
issues is a relativeiy sirpfe adminisirative procedure and should be completed prior to
the BOCC hearing.
SOILS'GEOLOGY
Site constraints identified in the 1980 Lincoln-Devore Study include debris flow potential,
debris fans, high grounO water, and soils which are subject to differential movement
when loaded or *Ltt"d. The old 1980 report does not map the hazard-areas. The
jr"Aing and drainage ptan has been modified to provide for mitigation of debris flow
hazards.
Based on the hazards present, we recommend that a plat note be added requiring that
individual site speciiic beotecrrnical investigations and foundation design be submitted
with the building permit application.
TRAFF!C'ROADS
The proposed subdivision will generate 1,078 average daily trips (lOn' This requires
the rirain loop road to Oe designed as a minor collector. (We disagree with Kimley-
Horn's prorata lot count analysii for downsizing the design.) A minor collector road has
;60 f*t right-of-wiy, lz loot lanes, and minimum 4 foot shoulder. The existing loop
road has 11 foot rin6i, a 2 foot curb and gutter, a 4 foot sidewalk, and a proposed- 50
foot right-of-way "i""pi for 450 feet at thJ county road entrance which has a 60 foot
right-o:f-way. T[re PUD text should indicate that the request is for the above noted road
s6ction such that a variance to the County Standard can be approved for the Preliminary
Plan design.
iii:iFlESOUFICE
!!:!:=NGTNEERTNG rNC
November 1, 2006
The traffic study does not address the fact that County Road 335 is in poor condition in
several areas and in need of improvement for existing traffic. However this project is.in
a Oesignated road lmpact fee area and the presumption is that the fee was based on the
need to improve the road.
The recommended formula for the road impact fee is based on the theoretical calculation
for the project takinj into account the exisiing project This translates to one-half of the
iorJ inip.Li fee for"71 lots at final plat ano one haF of the road impact fee at building
permit for all remaining un-built lots.
OTHER AGENCY PERMITS
There does not appear to be any Section 404 wetland issues within the proposed
development portion of the property. As mentioned above, approval of the wastewater
treatment ptant is required fiom CDPSE prior to any Final Plat approvf. A Storm Water
OL"n"rg"'permit and a Construction Dewatering irermit from CDPHE will be required
for construction of the additional subdivision improvements.
Please call if you have any questions or need additional information'
Sincerely,
Mr. Fred Jarman
Page 3
RESOURCE NG, INC.
MichaelJ.
Water Engineer
MJUmmm
885-50.0
KlClienbESS GARCO\50.0 The RapkJs on the Cob\rw prelim pud'doc
iii:iFtESOUFICE
:!!!!=NGINEEFtTNG rNC
LOYALE. LEAVENWORTH
SANDERN. KARP
JAMES S. NEU
KARLJ. HANLON
SUSANW. LAATSCH
ANNAS.ITENBERG
MICHAELJ. SAWYER
CASSIAR. FI,JRMAN
BETH E. KINNE
CASSANDRAL. COLEMAN
LAI.'RAM. WASSMUTI{
LEAVENWORTH & KARP, P.C.
ATTORNEYS AT LAW
2OI I4TH STREET, SUITE 2OO
P. O. DRAWER 2O3O
GLENWOOD SPRINGS, COLORADO 81602
Telephone: (97 0) 9 45 -2261
Facsimile: (97 0) 945 -7 336
kjh@lklawfirm.com
August 9,2006
DENVER OFFICE:*
7OO WASHINGTON ST. STE 702
DENVER, COLORADO 80203
Telephone: (303) 825-3995
*(Please direct all conespondence
to our Glenwood Springs ffice)
Mark Bean, Director
Garfield County Building & Planning Departrnent
108 8d" suite 201
Glenwood Springs, CO 81601
Re: Rapids Development Application supplemental materials
Dear Mark:
Attached please find the following:
l. Revised drawings from Chris Hale,
2. Correspondence dated August 2,2006 from Chris Hale, P.E. regarding revisions
to site plan.
3. Correspondence dated August 4 ,2006 from Chris Hale, P.E. regarding Special Use Permit.
4. Correspondence dated August 2,2ll6from Burning Mountain Fire Protection District.
5. Correspondence dated August 7,2006 from Peter Belau, P.E. regarding potable
water system.
Veryh'rlyyours,
LEAVENWORTH & KARP, P.C.
KJIVcak
MOUNTAIN CROSS
ENGINEERING, INC.
Crvn eNo Eruvrnoxrr,ttNter CoNsutrtHc mo Drstcr.t
August 2,2006
Resource Engineering, Inc.
Mr. Michael Erion
909 Colorado Avenue
Glenwood Springs, CO 81601
Rapids on the Colorado PUD
Dear Michael:
Attached are letters and plan sheets that have been submitted to address cornrents as follows:
Sanitary Sewer profiles have been included in the plan and profile sheets per your comments from the
letter dated July 11, 2006.
Mr. Jonathan White of the Colorado Geologic Survey states in a letter dated June 30, 2006, " . .. the site
has relatively benign geologic hazards conditions." He also metrtions that " .... the first lot on the west
side of Paddlewheel should incorporate some type of shallow swale/berm configrration in its
landscaping to redirect any possible. flows to the west, towards the adjacent open space." These
recommendations have been incorporated and are shown on the Drainage plan. It is our request that the
letter and incorporations of comments from the Geologic Survey satisfu the request for a mitigation or
avoidance plan under Soils/Geology. The letter from Mr. White has been attached for your use.
The Drainage plan has been modified to include general notes describing construction methods for
topsoil and revegetation per comments from Steve Anthony.
A letter from Mr. Brit Mclin of the Burning Mountain Fire Protection District is attached.
The balance of your comments will be addressed by others. Feel free to call with any questions or
comments. Thank you for your help in this mafter.
Attachments
Karl Hanlon, Leavenworth & Karp, d attachments
Richard Wheeler, Garfield County, w/ attachments
826112 Grand Avenue . Clenwood Springs, CO 815O1
PH: 97O.945.5544 o FAX: 970.945.5558 . www.mountaincross-eng.com
STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY
Department of Natural Resources
1313 Sherman Street, Room 715
Denver, CO 80203
Phone: (303)86&2611
Fax (303)866-2461
RflCEHVEB
JUL 1 I 2006
GARFIELD COUI.JTY
BUILDING & PLANNiNG
CGS LUR No. GA-06-0011
Legal: SW%, Sec. 4, Sec. 12, T63, R91W
June 30,2006
Mr. Richard Wheeler
Garfield County Building and Planning Department
109 8t Street, Suite 201
Glenwood Springs, CO 81601
RE: Geologic Hazards Review of the Rapids on the Colorado PUD.
DearMr. Wheeler,
NATURAL
RESOURCES
Bill Oil,ens
Govemor
Russell Georgp
Executive Director
Vincent MatlhewE
Division Direcior and
State Geologist
Thank you for the land use application referral. At your request and in accordance to Senate
Bill 35 (1972) this office has reviewed the materials submitted by your office. The CGS had
previously reviewed this land parcel in 1996 and delivered to your office a generally favorable land-
use review letter dated June 28, 1996 that was addressed to Mr. Eric McCafferty (CGS LUR No.
GA-96-0015). The proposed PUD has a significant change in housing density so CGS conducted
another site investigation on Jwrc29,2006. Please consider the following observations and
recommendations are you review the proposed PUD.
It appears the property is in a state of suspended development. The entire road network is in
place and four newer homes have been constructed on Rapids View Lane near the intersection with
Paddlewheel Lane. Some of the homes are vacant and all appear in a state of semi-abandonment
without landscaping. It is uncertain by us whether the proposed lot boundaries shown in the March
30, 2005 preliminary plan we received fits the current home footprints. We understand that a central
wastewater heatment plant is included with the development plan.
As stated in our earlier 1996 review, the site has relatively benign geologrc hazard
conditions. The site lies on an old river terrace and packed river gravel shallowly underlie the
property, which are overlain by fine-grained soils that likely thicken towards CR 335 and the upper
slope bank. These thin mantles of fine-grained soils overlying the gravel may be hydrocompactive
so site-specific foundation investigations are recommended. There are two other hazard potential
areas. One is the minor risk of shallow failures or sloughing of the slope above the site, which is not
a significant hazardbecause such a small slope failure would need to cross CR 335 before entering
COLORADO
DEPARTMENT OF
the development. The second is the possibility of minor debris flow flooding from the small
drainage basin that exits onto CR 335 across from the Paddlewheel Lane turn-off. There is a
possibility that concentrated flows could cross the roadway into the development. The existing 18-
inch culvert is poorly maintained and almost completely plugged off. The first lot on the west side
of Paddlewheel should incorporate some type of shallow swale/berm configuration in its landscapin
to re-direct any possible flows to the west, towards the adjacent open space.
In ctosing, provided the observations and recommendations state above are noted and
complied with, we have no further concern with the development has it is presently intended. If
any interested party has any questions about this review letter, please contact this office at (303)
8 66-3 5 5 1 or e-mail : i onathan.white@.state.co.us
Sincerely,
onathan L. White
Senior Engineering Geologist
Raylids 'rlr '-h'- ('uir;riii'T . i')l:
01 OG 06: OZP Rdmin
BURNING
6I I Main St.
P.O. Box2
Silt, CO- 81652
970 -876-2'77 4 p.1
iI{OUNTAINS FIRE PROTECTION DISTR.ICT
Britc. Mcl.inchief
Phone: tgzo) szGsz3g
Fax: (970) 8iG2774
E-Mail: burningmountainschief@msn.com
2 tugust2006
Garfield Cormty Building and Flaaning
I have reviewed the PtlD proposal known as the Rapids and have met with Ckis
Flale- The street widths are adequate so long as there is no parking allowed and &ey are
so posted. Theradii of the cul de sacs zre acceptable. The proposed water storage will
be accepcable, particularly if fire departnaeat acce$s via a dry standpipe inthe pond is
gra*ted. The proposed fire hydrant spacing will likely be acceptable barring any unusual
hrilding envelopas on th proposed lo,ts. Should the developer elect to roquire that dl
new residences be provide wi& automatic fire sprinklers, the hydrant densrty rnay be
reduced. I f you have any questions, please fel free to contact rne.
Yours tnrly,
---'-" ");,Fn!! r-.t-r...jair:-_r!__"_ "
Efil c h{clin
FROI1 : Mounta inCrossEnq' I nc FAX N0. :9789455558 r E4 2BO6 AS:BSPN P?
PIOUNTAIN'CROSS
ENGINEERING, INE.
909 Colorddo Avenue
.RE:
Tliank ir"u &r taking thc timc tb talk *ith m.e ioaay.' The p,urposo.of thii cortespondcnob ic to chtif youl
. icel fi,ec hi.crill *itir lny q,rc tions or bomments, thanks egsin for lour help in this m6ttgr,
'Sitrcorelyr.
August 7,2006
Public Healttr Engineer
DdnkingWater Progtam
Water Q"rlity Contol Division
Colorado Dept of Public Health
4300 Cherry Cteek Dtive South
Denver, CO 8024G1530
SUBJECT: RAPIDS ON THE COLORADO SUBDTVISION, GARFIELD COTINTY
Dear Public Healtl F.ngrneer
The design and construction speciEcations for the water supply systern refercnced above were
apqtoved by the Watet Quality Control Division on January 9, l9g7: A PWSID number was not
assigned at that time. I yot tr: dolgn errgneer for ttris water system and I was also the eogineer that
inspected the construction of the watet supply facilities ti 1997. I hereby cemi& that the water
suPPly facilities fot thg Rapids on the CJorado Subdivision in Garfield County were built as
approved by the Water Quality Coatol Division. Please assign a PWSID number forthis sysretrr.
Sincerely,
Petet Belau, P.E.
cc: Chds Hale, Mountain Cross Engineedng
Gene Hilton
1053 CLOUD CAP AVENUE
PAGOSA SPRINGS, CO 8r147
970-946-8595
I Mounta i nGroSSEng., I nc FRX NO.:9749455558 tg. @4 ?A@6 As:A1Pfi P2
August 4, 2006
Rehource Engir:eering Lnc. r
Mr. Miohael Erion
909 Colonido Avenue j
Glenwood Springs, CO 81601
,REr Rupidr on thc Colorndo PUI), Flood Plain $pccial Uro Peimit
Dear Michaeh
a
Thank you for rakiry the time io mlk with me tnday. The purpose of this correspondence is to clarif! your
oomments from your letter dated July I l, 2006. : ' , ., ,i -'
' ThE diecuision concemiug the river lote wos for'hietorical purposes atrd therc wae NOT au ieeue concerning
them or the elcvations. As wc discussed, lhe previous special use permit was obtainrcd in ordor 1o Fis0thq
finished floor elevations above the adjaoent tOO-yoar haso flood elevation. Ilvidenco of that having been
Si.nodrely,
ss Enginc
C: Gene Hilton
Katl Haalon, Leavettworth and Iftrp
nighard Whecler, Oar.field County
MOUNTAIN CROSS
ENSINEERING, IN€.
CNtt ANn ENvtBoNMnNT t Cot'uurlnc,rNp 0r$cx
ale, PE
t zG. t/z Crul{- luglue . Gionwood Springs, CO Bt60tpHr 970'945.S5!4 1 .FAX:, 970.9rr.iisi,'i www.mountaincross.en*.com
RECETVED
AUE $ ? 2006
8fis'ffi?l'8H't'll
August 2,2006
Resource Engineering, Inc.
Mr. Michael Erion
909 Colorado Avenue
Glenwood Springs, CO 81601
RE: Rapids on the Colorado PUD
Dear Michael:
Attached are letters and plan sheets that have been submitted to address comments as follows:
o Sanitary Sewer profiles have been included in the plan and profile sheets per your comments froin the
letter dated July 11, 2006.
o Mr. Jonathan White of the Colorado Geologic Survey states in a letter dated June 30,2006, " "' the site
has relatively benign geologic hazards conditions." He also mentions that " ... the first lot on the west
side of paddlewheel should incorporate some type of shallow swale/berm configuration in is
landscaping to redirect any possible flows to the west, towards the adjacent open space'" These
recommendations have been incorporated and are shown on the Drainage plan. It is our request that the
letter and incorporations of comments from the Geologic Survey satisfu the request for a mitigation or
avoidance plan under Soils/Geology. The letter from Mr. White has been attached for your use'
. The Drainage plan has been modified to include general notes describing construction methods for
topsoil and revegetation per comments from Steve Anthony'
o A letter from Mr. Brit Mclin of the Burning Mountain Fire Protection District is attached'
The balance of your comments will.be addressed by others. Feel free to call with any questions or
comments. Thank you for your help in this maffer.
Attachments
C: Gene Hilton, w/ atiachments
Karl Hanlon, Leavenworth & Karp, wl attachments
Richard Wheeler, Garfield County, w/ attachments
826
DrJ. O7n qr(
MOUNTAIN CROSS
ENGINEERING, INC.
Crvu nNo ENvtnoNuenret Corusurrtxc lNo Dr$cN
'l12 Grand Avenue ' Glenwood Springs, CO 81601
11/la d EAY. q7n or(tr < tr Q a larl^rl^, mnr rnf linnv^cc-onfi '^m
STATE OF COLORADO
COLORADOCOLORADO GEOLOGICAL
Department of Natural Resources
1313 Sherman Sheet, Room 715
Denver, CO 80203
Phone: (303)866-2611
Fax (303)86G2461
June 30,2006
Mr. Richard Wheeler
Garfield County Building and Planning Department
109 8t Street, Suite 201
Glenwood Springs, CO 81601
DEPARTMENTOF
NATURAL
RESOURCES
Bill O/vens
Govemor
Russell George
Executive Director
Vincent Matthews
Division Director and
State Geologist
RE: Geologic Hazards Review of the Rapids on the Colorado PUD.
Dear Mr. Wheeler,
Thank you for the land use application referral. At your request and in accordance to Senate
Bill 35 (1972) this office has reviewed the materials submitted by your office. The CGS had
previously reviewed this land parcel in 1996 and delivered to your office a generally favorable land-
use review letter dated June 28, 1996 that was addressed to Mr. Eric McCaffety (CGS LUR No.
GA-96-0015). The proposed PUD has a significant change in housing density so CGS conducted
another site investigation on June 29, 2006. Please consider the following observations and
recommendations are you review the proposed PIJD.
It appears the property is in a state of suspended development. The entire road nefirork is in
place and four newer homes have been conskucted on Rapids View Lane near the intersection with
Paddlewheel Lane. Some of the homes are vacant and all appear in a state of semi-abandonment
without landscaping. It is uncertain by us whether the proposed lot boundaries shown in the March
30, 2005 preliminary plan we received fits the current home footprints. We understand that acentral
wastewater heatment plant is included with the development plan.
As stated in our earlier 1996 review, the site has relatively benign geologic hazard
conditions. The site lies on an old river terrace and packed river gravel shallowly underlie the
property, which are overlain by fine-grained soils that likely thicken towards CR 335 and the upper
slope bank. These thin mantles of fine-grained soils overlying the gravel may be hydrocompactive
so site-specific foundation investigations are recommended. There are two other hazard potential
areas. One is the minor risk of shallow failures or sloughing of the slope above the site, which is not
a significant hazard.because such a small slope failure would need to cross CR 335 before entering
the development. The second is the possibility of minor debris flow flooding from the small
drainage basin that exits onto CR 335 across from the Paddlewheel Lane turn.off. There is a
possibiiity that concentrated flows could cross the roadway into the development. The existing 18-
inch culvert is poorly maintained and almost completely plugged off. The first lot on the west side
of paddlewheel should incorporate some type of shallow swale/berm configuration in its landscaping
to re-direct any possible flows to the west, towards the adjacent open space.
In closing, provided the observations and recommendations state above are noted and
complied with, ie-have no further concem with the development has it is presently intended' If
any interested party has any questions about this review letter, please contact this office at (303)
866-3 5 5 1 or e-mail: i onathan.white@state.co'us
Sincerely,
Senior Engineering Geolo gi st
? ai;irls,iri'ti:u 1.. t.ilr.r r'itl,i:, i:ragl 1:
9?O-8?6 -2774
L{OUNTAINS F'TRE PROT'ECTION DIST'RTCT
Brit C. Mcl,in
Chief
Phone: t970) 87G5738
Fax: (970) 876'?774
E-N{ail : burningrnountainschief@.msn. com
p.1
O1 OG O6:O2P Rdmin
BURNING
6I I Main St.
P.O. Box2
Silt, CO.81652
2.Augus 2006
Garfietd Cormty Buitding and Flaaning
I have reviewed the PIID proposal known as the Rapids and have met with Chis
Flale. The street widths are adequate so long as there is no parking allowed and they are
r" p"""a. The radii of t}e cul dL sacs "tt u"t"ptuble^ The proposed water storage will
G'"o"pt"U[e, particulafly if fi.re departrnent acoessvja a dry standpipe inthe pond is
granted. The proposed nr" nya.*fPacing will likely beacceptable ba{nng any unusual
6"ifar"g "rrrelop"s
on the prJp"*"a Utt. S-ir*ta the developer elect to require that all
new residences be providewith automatic fire sprinklers, the hydrant densrty may be
reduced. I f you have any questionx please f'eel free to contact me.
:NountaincliossEng, Inc FRX N0. :9ZA94S55SB lus. 04 zgZG OstATPn P1
Mounlain Crass E ngineering, Inc,
Civil artd Environmental Consulting and De,tign
826 % Grand Avenue, Olenwood Springs, CO Sld|l
Plr: 970.945,5544, Fx: 970.945.5S5{t
FAX TRANSMTSSION MEMO
DATE: 08/04/06
NUMBER OF pACiHS (TNCLUDING THIS CO\mR SHEET) 2
", -
Attachcd is the letter we discussed. The original is in the mail. Feel frec to call if you have
arry questions or comments.
C: Gcnc Hilton, #303,79S.t 7SO{ /
Karl Hanlon, Leuvenworth and Karp, #94l.n3dv,.
Richard Wheeler, Carfrcld County, #3t43470 {
REctry&,e
AUG a 7 zonn
'?,rffi8?,ffi.trJJ
FR0l'1 : NountaincrossEng, Inc FRX N0. :97A9455558 ,u9. @4 2A@5 OsiA?Pn
MOUNTATN CROSS
ENGINEERING, INC.
CNI AND Exvnonmnxml CoNfurTrNc AND pE$cN '
P2
August 4, 2006
Thank you fgr uking the tinre io mlk with mp today. The purpgse.of this coneqpondence is to clari$ lour
Rehource Engineering; Inc.
Mr. Miahael Erion'
909 Colomdo Avenue j
REI ltupidr on thc Cirklrndo PUtt, f,'lood Plain Spcwial Uro Peimit
oomm€nts from your letter dated July I l, 2006.
Ths diocussion concemiug ttte rivcr lots wos for'historical purpoees ancl there wna NOT atr iesue concerning
them or the elcvations. As wc cliscusse{ the previous special use permit was obtained in ordor to raisO"the
finished floor elcvations above the adjacent l00-yoar base floodleievation, Evidcnce of that hayingbcdn
done adequately is given by way of a letter dated December 30, t998 Uy neter Belau nom gnartech, lnc.
'Yout qommcnt oonoeming thc spcoial usc pcrynit is,specifically conccnrcd with the conditions that moy.not
be applicabte to thc prgposcd PUD subdivision. :
,]
, . Feel free to call wrth any qucstiotrn or oommenH. Thanks again f.or your help in thih mettor, ,
Katl l{aulon, Leavenworth and IGrp
Righard Whecler, Oarfield County
sze.tlz Grand Avonue . Gionwood.Springs, CO Bl60IPHr 920.948.5544 i fAXz.97A,94.E.#il'. wrryw.mountaincross.ens.com
Crug Schultz
2859 CountY Road 335
New Castle,CO 81647
November 6,2006
Garfreld CountY AttorneY
Re: Possible conflict of interest
To Whom It MaY Concern:
On August g,2[O6there was ameeting of the Garfield.County Planning Commission
addressing trr" proporla puD for trr. d"piar on the.lolo1ado subdivision' There was a
motionby a committee member,o r".oil*"nd denial' which failed ona4-3 vote' There
was a motion ro, ,orrti*ance which passed on a 4-3 vote' Subsequent to the meeting' it
came to light that ;;;i ,". membei e"i F"il"non may have a conflict of interest' I am
forwarding tftit i"f"t-"ii"n to you for your review and direction'
per the enclosed membership roster of real estate agents, Bob Fullerton is an agent for
Glenwood grok rr]-Pri tfr" rn"tor.a p't"t"gr"pft1,b1to*ood Brokers is the listing agent
for the rental prop.rti., currently .orrt o,tJd on the property' It has been stated' but I
cannot provide d";;;;iion, ihut *;;il *"" ro' sale on the property' Glenwood
Brokers was the listing agent for the rott. rnit has the appearance of a conflict of
interest, and I would request that you i""i"*,t i, situation and provide your guidance.
IfyoudeemthereisaconflictofinterestthatshouldhaverecusedFullertonfromvoting,
then your goiaaoce ;il b" ,r"ed"a u, fofi",ton would have cast the deciding vote on the
motion for denial, and the motion fo, ,onti,,o*"e' If you deem there is not a conflict of
interest, then everything is fine as it stands' The next meeting on this PUD application is
scheduledfor 11/8/6'
Thank you for your attention to this matter'
Craig Schultz
Enclosures Copy of MembershiP Roster 1 Pag^e ,
ii.:i"gt"prtt of subject property - 2 photographs
I
Ph. No. Vfr Tqb , Net+O raxno' ?:ril..ffi I ' lV 5O
CI--ORADO GEOLOGICAL SUh' iY
SUBMTTTAL iOCna FOR LAND-USE REVIEWS
CountY
Project Name
APPLICANT
(or Appticant,s Authorized Represent tirl-i""ponsible lor paying CGgreview fee)
Name
Address
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parceis of^less Uran gS uo"r, under State statute C'R'S' 30-28-101 et seq'
(Senate Bill 35, fgZZi.
-So*;
Qq"*99.*""i9ipuiiti"t require geological studies for sub-
division of incorporat"JUrra. In addition,loial governments are emPowered to regu-
late development u.tiriti", in hazardoril. *i"Jtal-resource areas under C'R'S' 24-65'1-
i.0i. et seq. (Hous" riiii roar, 1974) and.C.R.S. 34.1,-3o1et seq' (House Bill1529'1973)'
respectivelY.
Local-government agencies sulmif proposed subdivision applications and supporting
technical reports aoit," Colorado C*fo'gi.uiSurvey ":::1:1.;vul"ation of those geologic
factors which would have significant i#pact on the proposed use of the land"' in accor-
dance with State statutes. Th"e CGS reviews the submitted documents and Serves as a
technical advisor to tocal-government planning agencies {uring the planning Process'
Since 1984, the CGS has been requir"d!; h* ?o [to""t the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's.geology is essentialfor any development project' It
is needed at the start of the project i.;J!; to plan, desi4, and construct a-safe devel-
opment. proper p1;;;;il gJotogicat conditions can hilp developers and future
oirrr"r, /.rr"., ."dr." unnecessary maintenance and / or repair costs'
Colorado Geological SurueY
iCii sn"-.n Stt"el, Room 715, Denver' co 80203
Ph: 303-866'261 1, Fd: 303-866-2461
http://gsosuruey.stalo.co.us
White coPY to CGS
Y€llow coPY to Plannlng Agency
Pink coPY to APpllcant
G:LURD/application torm.qxd
created Uld98, rwised 9/9/02
Yn11r,*'1n'1nf
Township-$-5oud-
Range I t lu^)a,.f
Frequently Asked euestions and Answers
Regarding the CGS Land Use Review process
1 lMy am I required to haoe a CGS retsieta zohen I already hired
and paid for my own consultant?
1n1972, Senate Bill 35 was passed stating that any person or
entity subdividing a property into parcels of 35 acres or less onunincorporated land must submit geologic or geotechnical
reports to the County as part of the preliminary plat application
process. Municipalities or public agencies may request that CGSreview a site, although these reviews are not governed by the
statute.
2 Why is a CGS reaiezo necessary tthen I already hired my own
geologist?
The CGS review is an independent third_party review that is
done.for the County, similar to the service a building inspector
provides for construction review. The purpose of the CG-s review
is to ensure that all geologic concerns hu,r" be"., adequately
identified and addressed in the geologic reports and that the
proposed development is feasible.
3 Why does CGS charge for land use reztiews? Doesn,t taxpayer
money pay for this seruice?
CGS land use reviews are not subsidized through the general
fund, although some other review agencies are supporled by
taxpayer money. In 1984 the state legislature decided that C-GSreviews should be paid for with fees paid by the applicant of the
proposed development so that taxpayers are not viewed assubsidizing development.
4 Did the CGS geologist make a field oisit to the site?
A CGS geologist yisits each site being reviewed. If the review is are-submittal for a site that has been visited previously, a second
site visit may not be necessary. If significani changes have
occurred since the initial review, the site may be vlsited again.
5 Why is the CGS reoieut letter so short and simple? What is my
fee paying for?
The CGS letter is a review of the geologic material submitted and
reflects the level of detail contained in ihose documents. CGS
does not offer designs, but rather ensures that the work that has
been done is meaningful and adequate for the site conditions and
p_roposed development. A site review that adequately addresses
all the geologic conditions present at the site miy be a short
confirmation letter. If more work needs to be done or if difficurt
site conditions are present, the letter may be longer.
6 What type of information do I need to submit to CGS for a land
use teztiew?
The more geologic information that is submitted to CGS, the
easier it is for CGS to evaluate the property. The required
documents may vary based on countyrequirements and the
potential problems that may impact the proposed development.
A topographic map is essential. Also, information regarding
slope, surficial materials, subsurface materials and bidrockl
presence of groundwater and depth, and specific geologic
hazards should be included, where applicable. Griding"plans,
frllage plans, and geotechnical testing results are utso- ,ery
helpful for the review. The presence of geologic hazards should
be_evaluated with respect to the developmenl plan. Also, the
effect of development on geologic conditions should be
discussed. The evaluation should include alternatives such as
avoidance and mitigation techniques.
7 The subilioision down the road was apptooed, why uasn,t mine?
There could be several reasons: geologic condition! can change
over short distances; subdivisions made prior to 1972were not
required to undergo a CGS review and may have not been
evaluated for geologic suitability at all; the area down the road
may be incorporated as part of a municipality, which exempts itfrom the CGS review process. Another consideration is thai
geologic reviews are continually evolving and site conditions
that have been judged acceptable in the past may no longer be
considered as such, based on the currenf undersLnding "of the
geologic processes and adverse impacts associated with them.
8 Why are CGS reoieuts reiquired eoen ofl low-density properties?
Senate Bill 35 pertains to subdivisions ofless than 55 acres.
Geologic hazards can occur on large-scales or small_scales;
relying on low-density subdivision can not mitigate all geologic
hazards. For instance, entire hillsides might be prone to rockfall
or landslide hazards. Large tracts of land may be subject to
groundwater problems.
9 Why can't I just use the soil consentation maps for a geologic
report?
The USDA soil conservation maps are a good start for geologic
investigations, but do not contain sufficient detail on Ui" poiiUtu
geologic problems that may occur at any site.
70 Aren't some of yout reoiew comments beyond the scope of
geologic hazards on my site?
Technically other agencies have regulatory authority regarding
issues such as flood plains, groundwater ivailability ani
wildfire, but these issues are also important factors in the overall
geologic context of the site and may iffect geologic hazards on
the site. The mention of a condition in the iGs review letter is
not intended to influence the statutory authority of any other
agency, but rather to ensure that all parties are aware of a
potentially problematic geologic condition. For instance, mention
of a situation involving a major drainage is a flag that the U.S.Army Corps of Engineers or the Colorado Water Conservation
Board should be reviewing development plans.
71 When I bought this ptoperty, no one told me about any geologic
hazarils on the site; can I go back to the preoious oxaflers
somehow?
CGS can not give legal advice. If the seller was aware of adverse
conditions with respect to the proposed use, this should have
been disclosed. A legal opinion should be sought.
12 Can I get a wahter from haoing the CGS do a reoiew?
The discretion to grant waivers is vested by law with the
counties. Once an application for review is submitted to CGS, we
are under a statutory responsibility to respond.
73 I am willing to accept the risk associated with my propefty
-why is it anyone,s business uthat I ilo with my own lani?
The presumption associated with a subdivision is that portions
of the property will be sold to others. This then assigns any risk
to future buyers, and the county is required to protect their
interests. Senate Bill 35 addresses a wide variety of land use
iszues as well as geologic suitability in an attempt to provide
information so that the overall appropriateness Lf the
subdivision proposal can be evaluated.
'&-
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3783z}-3zil$m
GENE R. OR MARY HILTON 5010316
;';; w aRAPAHoE DR. 798-1Mo A;o, w. ARAPAHoE DR' 7e8-1uo a,/ / ,/ " -
LITTLETON, CO 80160 ,*ff O6
+rl LO 2OO I aOEt: 50 lO I IErt'1?B I
REFERRAL FORM
Garfield County Building and Planning Department
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Date Sent: June 16, 2006
Return Requested: July 10, 2@6
97 O) 9 45 -82121 | ax; (97 tJ) 384-347 t)
File Name(s)Project Name(s)Type of Application(s)
The Rapids on the Colorado same Zone District Amend - PUD &
Preliminary Plan.
Staff Planner: Richard Wheeler (rwheeler@ garfi eld-county.com)Phone: (970) 945-8212
Applicant: Gene R. & Mary J. Hilton Phone:
Contact Person: Chris Hale, Mountain Cross Engineering Phone: (970)945-55M
Location: County Road 335, one mile west of Apple Tree IWII Park, on the south side of Colorado River
Summary of Request: Request is to rezone two existing parcels from A/I & A/R/D to PUD and to subdivide those
parcels into l2l sinele-farrily lots.
The Garfield County Planning Department has received a land use request as referrcnced above. Your comments
are an important part of the evaluation process. In order to review all appropriate agency comments and
incorporate them into the Staff Repor! we request your response bV Mondav.Iulv 10.2006.
(nhml Dicaia
Road & Bridee
Countv Attomev
\tr/qtar Ilaa^rrr.pc pr I\,
Ceolooical Survev (Fee)
Health Deoartment
Forest Service (Fee)
Wildlife Division
,F
fT Q lvaar
Public Service
[Inlw Crnss Flenfrir
G.S./Carbondale Fire District
Silt/New Castle/Rifle Fire District
Soil Conservation Disaict
Planning Commission
BOCC
Application Name:
%t-
Tlrq dr+ 4,,r",*-
6s[ 3s
Mt. Sopris Soil Conservation District
Bookctff Soil Conservation District
Town of DeBeque
City of Rifle
Town of Basalt
Town of Carbondale
ti;.\C
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x--r
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City of Glenwood Springs-
X Town of New Castle /
* Town of Silt vz
Town ofParachute
Eagle County Planning Department
Rio Blanco County Planning Department
Pitkin County Planning Department
Mesa Counry Planning Department
Buming Mtn. Fire District ,/-
Town of Silt Fire Department
Rifle Fire Protection District
Grand Valley Fire Protection District
Carbondale Fire Protection District
Glenwood Springs & Rural Fire
RE-l School District
t RE-2 School Disnct v/
School District 16
Carbondale Sanitation District
Battlement Mesa Metropolitan District
Spring Valley Sanitation District
West Glenwood Sanitation Dismict
Mid-Valley Metropolitan Sanitation District
Roaring Fork Water and Sanitation District
Holy Cross Electric @oaring Fork, S. of Co. River west)
Public Service Company (N of Co. River west)
KN Energy (S. of Co. River, Roaring Fork )
Western Slope Gas Company
US West Communications (G.S. & C'dale area)
US West Communications (N.C., Silt, Rifle)
US West Communications @ifle, B.M., Parachute)
AT&T Cable Service
Colorado State Forest Service -
Colorado Departrnent of Transportation /
Colorado Division of Wildlife (GWS Office: Canyon Creek East) ,
Colorado Division of Wildlife (GJ office: Canyon Creek West) 9./
Colorado Dept. of Public Health & Environment u/
Colorado Division of Water Resources u/
Colorado Geological Survey (Need prepay form) . / - N .vlu-ulao.,t r^ lu,-"^
Colorado Water Conservancy Board / 0
Colorado Mined t and Reclamation Board
Bureau of Land Management
Department of Energy - Western Area Power Admin.
Bureau of Reclamation - Westem Colorado Area Office
US Corps of Engineers
Northwest Options of long Term Care
Roaring Fork Transportation Authority
--& Garfield County Road & Bridge (Dist. l: Canyon Creek East, Dist. 2: Canyon Creek West and N. of I-70, Dist.f Garfield County Vegetation (Steve Anthony) )/
Garfield County Housing Authority (Ganeva powell)
Garfield County Engineer (Jeff Nelson) €
Garfield County Oily Oil and Gas Auditor @oug Dennison)
Garfield County Sheriff Department (Lou Valario)
Garfield County Auomey y'
+ Engineering:
Ditch Companies:x
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6vC" HEnL+h Atin PAlt rZ
3: S. of I-70) r./
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Garfield Coun$
BUILDING & PLANNING DEPARTMENT
June 1,2006
Gene Hilton
21 AZ West AraPahoe Drive
Littleton, CO 801 20-3008
RE: Rapi& PUD - Zone Distict Amendment and Prcliminary Plan
Dear Mr. Hilton,
This office is in receipt of the additional information you.subm$*..9n May ?2' 2006
regarding sre prcriri;lrv igl e.pplicad; for the Rapids ptanned unit Deveropnrent and
TsneDistric{ Amendment. This letter is to inform you that upon-additional review, the
apprication is oeemed technicafly *rpr"t". pr€ad understand that a detennination of
technical compreteness shall not be vrcnieO as a re@mmenddion of approval, finding of an
adequate apptlcation,or a finding "f-g#;J-omptiance
with any goelor obiectlt,e of the
Garfield County SubdMsion Regulations'
The applicafions will be revbu,od Uy S!! and. a.report will be .sent to you' These
applications are scfreOufeO for a Planiting Cormission hearing on Wdnccday' A,guct
gdt,2fi,6 at 6:30 pH to discuss ano revlqv the applicatiqni-.at a public hering' The
meetino will be hetd in the commur[*rs' Meetird iroom in the Garfierd county Plaza
SriHini, 108 80'St., GbnvYood Springs, CO 81601'
As a matter of process, the pranning commission shafi hord an adverfie'd public lpering
only on the propeed _Preliminaff
-Fl"n al a regularly scfiedutd. meetin' of tfie
Commission. The T,,fieDist6ct lmincnpnt prryoei win
-be
heH as a tn@ting' and will
not require noticing until the i1gm 90;*06..* BPCG' The Applicant shall be sobly
reaponsbb fur the pubricatfrrn, p*ffi-"J *l
"g
* a[ notioes and shafi present proof of
publicattrn ard mailirq at or Ue$orqg;-mo€ilitry. ff mtr.ct noticing rcquiraments heve
not bcen mcq thc meetingr onnot f" held t{otice f6g, tfe meeting shall be given as
follow:
1. Noti6 by publicqtion, indudirqg the nam'e of.the applicant, description of ffle
subiect to( a descril*bn of ffi;roGed subdivbircn, text amendment nafi'1rc of
t* rr*"UriZ, g, 4.i", fine ;;;Aae tor the. hearing shall be given one in a
nr*r"prp"r"Jgd;tJ "lt*r*oti in rrat porfion of tte County in wfiich the
sut{ect p;;#,ili" located ,t r*J ttirryj3g} but not more fr;gn sbdv (80) davs
pfior to tlrerd srdt l*tirq,-.nd proir or;rd*batkE Ehall be preseEbd et
hearing bY tre aPPlicant-
108 8th street, suite 201, Glenwood springs, colorado 81601
(g70)g4s-5212(970)255-7972Fax:(970)384-3470
2
2. Notice by mail, containing information as described under paragraph (1) above'
shall be mailed to all orners of record as shown in the Gounty Assesso/s office
of lots within two hundred feet (200) of the subiec* lot, all 91 ,nera of mineral
interest in tre subiect property, and all tena{s^ of any structure proposed-for
conversion to ondominiums,'aileast fitirty (30) but not more than sixty (60)
days priorto sudr hearing tir"Ly c.itine,i P!,i* receipt mail, and receipts shall
be'prlsented at the hearing by the applicant'
3. The site shall be postd sucfr that the notioe is dearly and consptcuously visibb
from a public =Jrti-ot-o"y, wtfii notice signs provided by the Planning
Depargnent The posting ,r"t hke plaie at l99st thifty (30) but not more frtan
sixty (00) Orro p*; A SE nearing d;1" Td.19 the sole responsibilitv of $e
applicant to post the notie, t;d 6n"rt" that it remains posted until and during
the date of the hearirg.
As mentioned above, enclosed is the appropri{e nltice and "posting sfeet Torthe
planning Cornmissbn ,*ting. n6o eirifoieO is a Submittal Form for Land Use
Revburs to The ddfi c"|rugiol sr*w Please submit the appropriab tue to $e
County of Garfteld AdUlng anC F6nnirg D;parfingy* to avoird a prwing fee'
Brlote: Pleess oubmit 28 copiee of the completed applicatiolt.g thia offioe no
latsr [han Jum{6, 2006. 1; d1g copies have not been submitbd by tfiie dab, you]
pubtic he*ing may bo ieopardizod.l
Do not hsitate to contact thie orffioE Ehould you have furfrrer queetions'
Best regards,
Richald Wheehr
Senior Planner
Endosures
PUBLIC NOTICE
TAKE NOTICE that Rapids Dwelopment corporation has applied 1o the Planning
Commission, Garfield County, State of Cotorado, for the Preliminary Plan review of the
n plO" on tfre Colorado plan-ned Unit Developrneqt pursuant to S4!qq of the Subdivision
n"brntions of 19&4, and S4.00 of the Zoning Resolution of 1978, as amended, in
connec{ion with ttre folowinglescribed propertyiituated in the Goun{ of GarfeH, State of
Colorado; to-wit:
Leqal Description: (See ExhibitA attached)
practical Location: Approximately one mile west of New Castle on County Road 335.
The propoeed Prcliminary Plen invotvca subdividing 121.49 acnm, currenfiy zoncd
en anO ArR R fr, into l216ts - u*rich will rcguire tlre suMivicion to be developed ar
planned Unit Development Of the total aerce W, 8.2 acret will be for tlre rcekl'cnthl
lots, Bl.0E acl6a wili be br opn spt@, lhe lemaindcr of tlre property will be sst
aside fiortbsets and utilities.
All persons affected by the proposed subdivision are invited to appcar and etete their
vievus, protests or suppbtt. lf you can not appear personally a! suc[n3ring, then you ale
urged to state yorr ui"*rl6 by lettor, as tfle Planning Commiseion will give consideration to
thI commentsbf sunounding property orflnerE, and othem affected, in decidingut!9he1to
Jrr"G o""v m" rcquest. flL aiptiiatlon may ue rcylenrea at the office of fie Planning
D"prrtn*t'hcabd at 108 Bfir'lilrEt, Suili4{t1, 108 8m Straet Ghrntrood Springs,
Coiorado between the hours of 8:30 a.m. and 5:00 p'm., Mondeythrough Frktay'
A publie hearing on the ftCiminery Phn trs been sehdulcd fior tP 9s &y of
tfuuct 2ff8, at5:30 P.il. in ttre County Gonrmissbners Ghambers, Room 100, 108 8tr1
Stee( Gbrmood Springs, Colordo.
Phnning Departnent
GarfieH Gounty
IBIT
SGHEDULE OF PROPERTY OWNERS WITHIN 2OO FEET OF THE RAPTDS ON THE COLORADO
PROPOSED PLANNED UNIT DEVELOPMENT
Names and addresses of owners of record of all parcets adjoining and within two hundred feet
(200) feet of the proposed subdivision, including those -separated only by a public right-of'way
ttre ownerstrip anO addresses were obtained from the office of the Garfield Gounty Assessor on
May22,2006
1. Parcel 2181-054-00-158
JACE, LLC
lSl,lsvlsl River Road
Snowmass, CO 81654
2. Parcel 2181-054-00-129
Donald Ray and Sandra L. SnYder
Box 9
New Castle, Co 81647-0009
3. Parcel 2181-054-00-14{
Musich, Patricia L.
P.O. Box 588
PineclifG, CO 80471 -0588
4. Parcel 2181-091-00-076
Parcel 2181-04/-l00-1il
Gene R. and MaryJ. Hilton
2102 West AraPahoe Drive
Littleton, CO 80120-3008
5. Parcel 2181-054-00-140
Fred L. and Gharlotte J. SnYder
P.O.Box277
New Castle, CO81U74277
6. Parcel 2181-04-00471
Brannan Properties, lnc
JF&T Co..
Attn: Faye Faas
P O. Boxll89
Glenwood SPrings Colorado 81602
7. Parcel 2181-05/-100-251
Duke llevelopment, LLC.
8101 East Prentice Ave., Suite 510
Greenwood Village, CO 80111
8. Parcel 2181-054-00-208
Pauline Rippy
Box 24il
New Castle, CO 81647
9. Parcel 2181-271-00-201
State of Golorado
Dlvision of Wildlife
6060 Broadway
Denver, CO 80216
10. Parcel 2181-043-00-120
Kenneth R. and PeggY A. Collins
3839 County Road 335
New Castle, CO 81647-9641
SCHEDULE OF PROPERry OWNERS WITHIN 200 FEET.doc
11. Parcel 2181-163-00-085
Richard C. and MaryJolley Famlly, LLP
1288 County Road 245
New Castle, CO 81647-9796
12. Parcel 2181-041-00-124
Mary Edith Logan
39492 River Frontage Road
New Castle, CO 81647
13. Parcel 2181-043.00-125
Earlene and Clyde Dale Alcorn
38992 Rlver Frontage Rd
New Gastle, CO 81647
14. Parcel 2181-043-00-016
Roy R. Raklch and Martha A. Rakich
P.O. BOX444
Glenwood Springs, CO 81602'0444
15. lnterstate 70 Right of WaY
Colorado Department of Transportatlon
Plans and Surveys Sectlon
401 East Arkansas Avenue
Denver, CO80222
16. 2181-xxx-xxx-0O1 through 033
Rapids on the Colorado Rlver
Homeowners Assn.
And Rapids Development Gorporatlon
2102 West Arapahoe Drlve
Littleton, CO 80120-3008
17. 2181-043-07-036 and 007'010
Gene R. and MaryJ. Hilton
2102 West AraPahoe Drlve
Littleton, CO 80120-3008
RECEIVED
MAY 2 2 2006
3,fffi:?,.,ff#JI,
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTy) and - Rapids Development Corp'
(hereinafter APPLICANT) agee as follows:
an application for
(hereinafter, TIIE PROJECT).
2. APPLICANIT understands and agrees that Garfield Cormty Resohrtion No. 98-09, as amended,
establishes a fee schedule for each tSpe of suMivision or land use review applications, and the guidelines for the
administration of the fee structrxe.
3. APPLJCAhIT and COUNTY agee that becaus. oi A. size, nature or scope of the proposed
project, it is not possible at this time to ascertain the fuII extent of the costs involved in processing the
application APPLICAI.IT agrees to make payr::ent of the Base Fee, established for the PROJECT, and to
thereafter permit additional costs to be billed to APPLICAT{T. APPLICANIT agrees to make additionat
payrnents upon notification by the COLINTY when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting
service determined necessary by the Board of Cotrrrty Commissioners for the consideration of an application or
additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the
initial Base Fee, APPLICA].IT shall pay additional billings to COUNTY to reimburse tbe COUNTY for the
processing of tlre PROJECT mentioned above. APPLICAI{T acknowledges that a[ biling shall be paid prior to
the final consideration by the COLINTY of any land use permit, zoning amendment, or suMivision plan.
.rl
S utizl//.to/submittedto
6€v/€ 17, //z,7a'd
Print Name
Mailing Addrrcss: Z t o Z dar r ./U/r(^: ?t'
(E
L .-f,a7a{, Co E)a/?o - ;J?e u
"ss,H'*lf
ituo*
1. APPLICANIT
Signature
tat2004
Page 4
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
'?rva/a4Pilsa7 Gtzr''
GARFIELD COUNTY (hereinafter COUNTY) and
(hereinafter APPLICAIIT) agrce as follows:
1.,2,inafter, THE PROJECT).
Z. APPLICAI.IT understands and agrees that Garfield County Resohrtion No. 98-09, as amende4
establishes a fee schedule'for each t}rpe of zubdivision or land use review applications, and ttrc guidelines for the
administration of the fee structure.
3. APPLICANIT and COUNTy agree that because of the size, nah[e or scope of the proposed
project, it is not possible at this time to u."otuio the fuIl extent of the costs involved in processing the
uppti.uiior- appilcaNr agrees to make paymont of the Base Fee, established for the PRoJECT, and to
ttereafter permit additional
-costs to be billed to APPLICAI{T. APPLICANT agrees to make additional
payments uBon notification by the COUNTY when they are necessary as costs are incurred
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting
service detercrined necessary by the Board of County Commissioners for the_consideration of an application or
"ddt
ilJ couxrv stafftime or expense not cove.red by the Base Fee. If actual recorded costs exceed the
initial Base Fee, AppLICAIIT shall pay additional bilings to COUNTY to reimburse the C0LTNTY for the
processing of the pROJECT mentioned ibon . APPLICAI.{T acknowledges that alt biling shallbe paid prior to
the final consideration by the COLINTY of any land use permit, zoning amendment, or subdivision plan'
pLICAI.{T has submitted to couNTY an application for 7 ' - 4fflZrf
R$,ql;;xwo*", S/zr/o 6
GF - ro/
Print Name
Maiting Address: 2/o ?- r,c) ae r 424 ?z/)oe Ttzl/f,
-r.,-ffilzo-=oot
Signature
tol2004
Page 4
Guffield Coan$
May 17,2006
Gene Hilton
2102 West Arapahoe Drive
Littleton, CO 801 20-3008
RE: Rapids PatD - Rezone and Pteliminary Plan
Dear Mr. Hilton,
The Building and planning Department is in receipt of the above mentioned application
submltted dy you. This a-ppllcation has been reviened by staff and has been deemed
bchnicallyintompbe. Sitarwifi need further inturmation ftom you beJore this applkntion
can be pr6cessed any further. Li$ted below are the items you will need to include,
compnti, or revise and resubmit. ]terns of importanoe have hon underlined for your
revieuv.
1) Please submit a list of all property ov\rnerc within 200 feet of the entire devebpment.' The minerat oyylerB of dre iubiiA prcperty urcre only submitted. Please refer to
exhibit I of yoursubmitted applicatirn.
Z) please sign and date the encloeed "Agreenent to Pay Form'for each land use
applicstion.
Once the information discugsed above has been submitted and revbtlrcd to tre satisfadion
of this office, Statr wifi disctrso sctreduling the applicatbn for revieruv in public hearings
before the Phnning Commission and the Board of Gounty Commissionels.
Do not hesitate to contact this office should you have further questions.
Best regards,
BUILDING & PLANNING DEPARTMENT
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 94s-8212 (970) 2s5-7972 Fax: (970) 384-3470
Ricfiard Wheeler
Senior Planner
Enclosures
4644
GENE R. OR MARY HILTON
2102 W. ARAPAHOE DR. 798-1640
LITTLETON, CO 80120
aa
lOl IEtt' l.El.l.
PAY TO THE
Ec:uoceoo
RAPIDS DEVELOPMENT CORPORATION
CONSTRUCTION DRAW ACCOUNT
2102 WEST ARAPAHOE DRIVE PH. 303.798-1640
LTTTLETON, CO 80120-3008 7,//4
PAY
TO THE
ORDEB OF 7zs *)//e ' ar;;G"u
.y'rrrl,>/2
ilrOO 50 I L[r rl
A t-i:l'"'L'
*fostStar Baa[
Do@i Colorarro
Custorner lnfo 1 -888"46&6400
*w-@Ehrbek.m
L lqt:8EOO e9OB I lrt'tozIol
RAPIDS DEVELOPMENT CORPORATION
CONSTRUCTION DRAW ACCOUNT
21 02 WEST ARAPAHOE DRIVE PH. 303.798-1 640
LTTTLETON, CO 80120-3008
Vzaz*o s{so"
*rs$Star Ban[
urOO 50 IOrt r! LO 2 IO I t Lqr:BEOO aqOB I lrr'
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PI#s- ;nd Application to the Following Referra, asencies
Application Name:
Date Application Sent:
Mt. Sopris Soil Conservation District
Bookcliff Soil Conservation District
Town ofDeBeque
City of Rifle
Town of Basalt
Town of Carbondale
City of Glenwood Springs
Town of New Castle
Town of Silt
Town of Parachute
Eagle County Planning Department
Rio Blanco County Planning Department
Pitkin County Planning Department
Mesa County Planning Department
Buming Mtn. Fire District
Town of Silt Fire Department
Rifle Fire Protection District
Grand Valley Fire Protection District
Carbondale Fire Protection District
Glenwood Springs & Rural Fire
RE-l School District
RE-2 School District
School District 16
Carbondale Sanitation District
Battlement Mesa Metropolitan District
Spring Valley Sanitarion District
\[est Glenwood Sanitation Distict
Mid-Valley Metropolitan Sanitation District
Roaring Fork Water and Sanitation Disrict
Holy Cross Electric @oaring Forlq S. of Co. River west)
Public Service Company (N of Co. River west)
KN Energy (S. of Co. River, Roaring Fork )
Western Slope Gas Company
US West Communications (G.S. & C'dale area)
US West Communications (N.C., Silt, Rifle)
US West Communications @ifle, B.M., Parachute)
AT&T Cable Service
Colorado State Forest Service
Colorado Department of Transportation
Colorado Division of Wildlife (GWS Office: Canyon Creek East)
Colorado Division of Wildlife (GJ office: Canyon Creek West)
Colorado Dept. of Public Health & Environment
Colorado Division of Water Resources
Colorado Geological Survey (Need prepay form)
Colorado Water Conservancy Board
Colorado Mined Land Reclamation Board
Bureau of l,and Management
Department of Energy - Western Area Power Admin.
Bureau of Reclamation - Westem Colorado Area Office
US Corps of Engineers
Northwest Options of Long Term Care
Roaring Fork Transportation Authority
Garfield County Road & Bridge (Dist. l: Canyon Creek East, Dist. 2: Canyon Creek West and N. of I-70, Dist. 3: S. of I-70)
Garfield County Vegetation (Steve Anthony)
Garfield County Housing Authority (Ganeva Powell)
Garfield County Engineer (Jeff Nelson)
Gafreld County Oil and Gas Auditor (Doug Dennison)
Garfield County Sheriff Department (Lou Valario)
Garfield County Attorney
Engineering:
Ditch Companies:
Proposed PUD- IzL Lots
# Continues Use as Single-Family Residential
# Large Open Space Adjacent to Neighbors
+ Increases Open Space From LBo/o to 670/o
Q Provides Range of Housing Types and Costs
+ Cluster Concept Utilized Rural Atmosphere
OTrail System Along River For Public Use
+Open Space Adjacent to Wildlife Area
# Provides Central Waste Water Treatment
+Improves Water Quality - Eliminates 33 Septic
Systems
13
Map Soil Hazard
Exhibit - Soil Eazard llap
TEE RAPNS ON TEE COLOBAI'O
PMP(,8EO P.VO. EfgI,EDTI'IEION PUNsrr,/1 stgmou l aND sat,a wtmv a
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Map Critical Winter Range r Deer
36
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NEWCAST.
ragiw
RoPids Boundory 3 P;,"'75Y"o'
1:::-.: Highwoy/Rood Rood
E Porcets 'wi
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aAN0ELD COWrr, c9IpRtDO -----f7
Staff Report Issues
1.
2.
Flood Plain Permit Amendment - No ISDS Now
New Castle Comprehensive Plan
+ 5-10 Unit Clusters Not 28 Acre Cluster
+ Nine Parking Spaces For Public Use
+ Zero Lot Line Classification Not Single-Family
Re-Vegetation Plans Now On Design Drawings
Noxious Weed Control In Covenants
Sewer Collector Lines Design Was Provided
Resource Engineering
Letter From Fire District Attached
3.
4.
5.
6.
18
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Staff Report
Geological Hazards Review by Colorado Geological
Issues
Suruey
".....the site has relatively benign geological hazards."
Recommendations
1. "Site-specificfoundation investigations are recommended."
2. "Minor Risk of shallow failures or sloughing of the slope above the site
which is not a significant hazard, because such a small slope failure
would need to cioss CR 335 before entering the development."
3. "The possibility of a minor debris flow flooding from the small draingge
il3h1ii#Z,Y,ii)itriijj],{''
some type of swale configuration in iB landscaping to redirect any
possible flows to the west toward the adjacent open space.
"In closin vided the ruations a
recommen ions stated ve are n
comolied with. we hav further co
the develoDment as it is Dresentlv intended.
Statr Report Issues
9. Traffic Study to Consider the Effect the Subdivision
will have on the Surrounding Area.
+ Response - Traffic Impact Study Prepared by a
Certified Traffic Engineer
Kimley-Horn and Associates, Inc.
Curtis D. Rowe, PE, PTOE
Determination:
1. Proiect Does Not Require CDOT Permit.
Z. 60 Foot Right of Way - Two Short Distances (If Required)
2L
Staff Report Issues
Staff Concern:Zero Lot Lines and Size of Cluster
10. Staff Concern: Zero Lot Lines and Size of Cluster
+ The propefi is located within the 3-mile Area of Influence
of the Town of New Castle'
+ "The County has determined the Town's Compr?tlen?iveiiii will cognized concerning densities and land uses."
(Page 6 Staff RePort)
qF The Town of New Castle has approved the Plan which
includes Zero Lot Lines and the 28-acre Cluster design of
the Subdivision.
+ The Memorandum of Agreement between the Town and
Rapids (based on Rapids compliance with the MOU) states:
" ihe Tiwn supporti the ptlD because of its substantial
compliance with its Comprehensive Plan... ..-. ."
22
Colorado Revised Statutes (CRS)
OThe Colorado Revised Statutes establish
general standards of review for rezoning land
in the County.
OThe standard used for reviewing a rezoning
request that is in compliance with the
Comprehensive Plan is the proposed rezoning
need onl r a reasonable relationship to
the qeneral welfare of the commun
23
Ga rfield Cou nty Reg u lations
QGarfield County has adopted Zoning
Regulations and Subdivision Regulations that
guide subdivision and zoning actions within
the County.
O In addition, the County has adopted a
Comprehensive Plan 2000 that provides a
general statement of direction for land use
planning in unincorporated Garfield County.
24
Comprehensive Plan 2000
Urban Area of Infl uence
+ The Comprehensive Plan 2000 establishes Goals,
Objectives, Policies and Programs regarding land use
within three miles of municipalities.
+ Garfield CouotY, in compliance with Comprehensive
Program 10.1, PIePared a map "Proposed Land Use
Disiricts, Study Areas 2 & 3, Garfield County, Colorado"
+ The Rapids property is classified on the map as
"subdivision Within Two-Mile Sphere of Influence" of the
Town of New Castle.
25
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Memorandum of Understanding (MOU)
Town of New Castle and Rapids
Subject to the provisions contained in the
MOU, the Town of New Castle
1. Recommended to the BOCC that it
"recommend approval of the Site Application
for a WWTF."
2. "The Town supports t
substantial compliance with its Comprehensive
PIan.......?
+
+
+
+
General Wetfare of the Community
The existing "Rapids" subdivision is better utilizeQ to
provide additional diverse housing lypgs.ne9ded for
energy related growth in Western Garfield County.
The PUD design provides public recreational access
to trails and over 2,800 feet of river frontage access.
The PUD design increases open space from L7.95
Acres (18o/o) in the existing subdivision to 81.051
Acres (670/o) in the Proposed PUD.
Approval of the PUD would improve water quality by
eliminating 33 septic sYstems
WWTF Setback From Residences
't")"$
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PortnershipProperty'HOA
rnaeeloxd$P COU\VTY RD 335
MOUFnilN GROSS
EFrcINEERTNO ITIG.Gudltudtu&adr.bEUdd.*.!Haia,6a0
The RAPIDS on flTeGOLORADO
Waste Water Treatment Plant
Setbaek Exhibit
SCALEt00 fi o tqt
--30
General Welfare of the Community
(Continued)
SThe cluster development design, utilized in
the proposed PUD, incorporates many of the
Goals and Objectives of the Comprehensive
Plan 2000 regarding;
Housing, Open Space, Trails, Development
within Urban Areas of Influence, Recreation,
Transportation, Agriculture, Water Seruice,
Sewer Seruice and the Natural Environment.
31
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Hea lth, Safety, Welfa re
* The proposed PUD is in the best interests of the
Health, Safety, and Welfare of the Citizens of Gaffield
County as supported by engineering and professional
Lincoln-Devore - Soils Tests and Geologic Report
Wright Water Engineers - Water Rights, Augmentation Plan
Mountain Cross Engineering - Subdivision Design, Drainage
Study, Road and Utilities Desigr, Traffic Report
Hepworth-Pawlak, Inc. - WWTF Site Soils Study
Richard Holsan Surueying - Boundary suruey
Kimley-Horn and Associates, Inc. - Traffic Impacts I-70
Enartech - Flood Plain Analysis, Original Design
Aqua-Tec - Well Pump Tests, Pumps, Controls, Etc.
I
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33
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ENGIT{EERET{fr, [NC, I
Civil and Erwkonfrcnlnt Consulling uat Ooslorr I
426 13 Grrd Avuuc Clrnvccd Sprlur. rc 81601 Iy-__a ':_:::::t__:i': L
The HAFIE$ on the S$l-CIH/,{$X]
Flarrmed t imit Eevelopruremt
ryEE&!ryErq4ryY pL&ry
Planning Commission
Discussion
Page I of2
Lis, Craig
From: Bill Lorah[blorah@wrightwater.com]
Sent: Monday, December 18, 2006 10:50 AM
To: Lis, Craig
Cc: jross@DuffordBrown.com; Leavenworth, Lee
Subject RE: Div 5 RaPids
Craig-
The pond is off-channel.
According to Gene Hilton, they did not intercept the groundwater table when the pond was constructed.
The pond is lined.
3) The existing pond surface area is 1.67 acres. The gross annual open water evaporation rate is 3.33 feet
(40 inches). The calculations, done by the West Divide Water Conservancy District, are attached.
Thank you.
Please do not hesitate to call if you have any questions.
William L. Loratr, P.E.
Wright Water Engineers, Inc.
818 Colorado Ave., Suite 307
Glenwood Springs, CO 81601
(97 0)945 -7 755 Fax (97 0)9 4s -92t0
Denver Direct (303) 893-1608
By RECEMNG THIS ELECTRONIC INFORMATION, including all attachments, the receiver agrees lhai this data may not be modificd or transfened !o any other parE
documents. This privileged and confdentiat information is intended only for the use of the addressee(s) named above. Anyone who receives lhis communicalion in error should
notif, us immediately by reply email.
From: Lis, Craig [mailto:Craig.Lis@state.co.us]
Senfi Friday, December 15,200610:57 AM
To: Bill Lorah
Cc : j ross@DuffordBrown. com ; Leavenworth, Lee
Subject: RE: CORRECT Div 5 Rapids Letter
Bilt:
The following information regarding the Rapids Pond is necessary for the revised letter to
- Is the pond on or off-channel?
- Does the pond intercept ground water? If so, a well permit is required for the pond.
- What is the surface area of the pond? Please provide a copy of your evaporation calculation.
Please contact me if you have any questions.
v312007
1)
2l
Page I of I
Lis, Craig
From:
Sent:
To:
Pond Evaporation
lnigation
Cc: jross@DuffordBrown.com; Leavenworth, Lee; 'Gene Hilton'
SubJect: RaPids on the Colorado
Attachments: Pond Evap Table.Pdf
You are conect that Case W-3262 identified all of Priority 3 (0.25 cfs) of the Moore Ditch being associated with the 70
acres of claimed dry up. In fact, Mr. Hilton has always owned only 0.20 of the first priority. All of the claimed 70 acres of
dry up have always been on Mr. Hilton's land. The totalclaimed historic consumptive use by Mr. Hilton in the Moore Ditch
is 96.6 AF (70Ac multiplied by 1.38 AF/Ac).
lnJright Water Engineers, lnc.'s (\A/\A/E) December 5, 2006, letter to you presents the engineering background on how W-
3262 augments the water supply for Rapids on the Colorado. Following is the calculation of consumptive use needs for
the subdivision.
Future Project Consumptive Use AF
Single-Family Units 121 @ 0.0118 AF/unit= 1.43
Bill Lorah Iblorah@wrig htwater.com]
Wednesday, January 31,2007 '11:22 AM
Lis, Craig
1.67 Ac @ 3.33 AF/Ac= 5.56
40.2 Ac @2 AFIAI= 80.40
87.39
The project's consumptive use of 87.39 will require the dry up of 66.33 Ac (87.39 divided by 1.38) Note that 40.2 of these
66.33 acres will be reinigated.
Rights to be dedicated to Homeowners
Moore Ditch Prior 3 0.20 cfs
Moore Ditch Prior 14 1.19 cfs
1.39 cb
Attached are the open water surface evaporation calculations that were prepared by the West Divide Water Conservancy
District.
Please do not hesitate to callif you have any questions.
\A/illiam L. Lorah, P.E.
Might Water Engineers, lnc.
818 Colorado Ave., Suite 307
Glenwood Springs, CO 81601
(97 0)945-77 55 Fax (970)945-92 1 0
Denver Direct (303) 893-1608
BY RECEIVING THIS ELECTRONIC INFORMATION, including all attachments, the receiver agrees lhat this data may not be modified or transfened to any other
party without lhe prior written cons€nt of Vvright Wbter Engineers, lhat lhis electronic informalion may nol n€cossarily represent the infomatbn shown on the
ecorded or approved ffnal developments and/or documents, and thal the receiver is responsible lor verifying the informalion contained within the eledronic data
against the recorded or approved final documents. This privileged and confidential information is intended only for lhe use of lhe addressee(s) namod abovs.
Anyone who receives this communication in enor should notifo us immediately by reply email.
2t5t2007
ELEVATION ZONE = 5000 TO 5499 FEET
ESTIMATES OF POND EVAPORATION
Location: West Divide Water Conservancy District Boundary
Area (acres): I
Elevation: 5250
45
Gross Evaporation
from NWS 33
(inches):
Gross
Evaporation
nches
1.35
1.58
2.48
4.05
5.40
6.53
6.75
6.08
4.50
3.15
1.80
1.35
Total
Precipitation
inches
1.16
1.09
1.09
0.98
1.31
0.90
0.95
1.24
1.24
1.45
0.78
0.85
Effective
Precipitation
Net
Evaporation
(5)
Mean
Temperature
23.77
30.55
39.23
48.21
56.64
64.79
71.36
69.58
6'1.34
49.60
36.94
26.53
Adjusted Net
Evaporation
tn
0.00
1-06
2.48
4.05
5.40
6.53
6.75
6.08
4.50
3.15
0.05
0.00
(4)(3)(2)(1)(6)
inches inches
0.00 1.35
0.00 1.58
0.00 2.48
0.00 4 05
0,00 5.40
0.00 6.53
0,00 6.75
0.00 6.08
0.00 4.50
0.00 3.15
0.00 1.80
0.00 1.35
45.00 13.03 0.00 45,00 40.03
(1) Monthly distribution based on guidelines for substitute water supply plans for sand and
(2) From Rifle, Glenwood Springs, & Aspen Climate Stations
(3) Column (21' 70o/o
(4) Column (1) minus Column (3)
(5) From Rifle, Glenwood Springs, & Aspan Climate Stations
(6) Estimated ice coverage from November 29 through February 19, based on temperaturt
(7) Column (6) times pond surface area, in acre feet
Elevation Coneclion for 5250 ft
March' April
May
June
JulY
August
September
October
November
December
Table I
The Rapids on the Colorado
Moore Ditch Dedication Estimates
Notes: 40.2 acres of the "dry-up" is land converted from agricultural irrigation to landscape and
amenig irrigation. As such, only 23.13 acres willactually be removed from irrigation.
(63.33 acres - 40.2 acres = 23.13 acres)
The amount "Deeded to the HOA'includes undetermined amounts previously deeded to the
HOA for this development.
Dry-up for ln-house depletions
121 ResidentialUnits
x 0.0118 AF/yrlunit
1.4278 AFlyr+ 1.38 AF/acre credit for dry-upT63acres
Dry-up for lnigation
40.2 acres of landscape & amenity irrigationx 2 AF/acre for landscape & amenity irrigation
-667.AFconsumptiveuseforlandscape&amenityirrigation
+ 1.38 AF/acre credit for dry-up----------m' acres dry-u p of ag ricu ltu ral i rrigation
Dry-up for Pond Evaporation
1.67 acres of pond surface
3.33 feet of evaporation
5.56 AF of evaporation
1.38 AF/acre credit for dry-up
Dry-up
(acres)
ury-up
Generatec
Priority 3 by PN 3(cfs) (acres)
Dry-uP
Generatec
Priority 14 by PN 14(cfs) (acres)
totat
Dry-up
Total Generatec(cfs) (acres)
)riginalDecree
)hanged in W3262
Sold?
{vailable
7C
2.2t
67.72
0.250
0.250
0.050
0.200
1.330
1.287
0.000
1.287
1.560
1.537
1.487
)eeded to the HOA
ln House
lrrigation
Pond Evaporation
Total
1.0:
58.2€
4.0:
63.3:0.2000 9.10s 1.1904 54.22 1.3904 63.33
reviouslv deeded to the HoA 0.o394 0.2535 0.2929
\dditional amount to be
Ieeded to the HOA 0.1606 0.9369 1.0975
letained by Hilton 4.44 O.UUUU u.u9tio o.09oo
4.03 acres pf dry-up for evaporation