HomeMy WebLinkAbout2.0 CorrespondenceMEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS, GARFIELD COUNTY
FROM: KIT LYON, SENIOR CURRENT PLANNER
SUBJECT: NATIVE SPRINGS SUBDIVISION PRELIMINARY PLAN
DATE: 09/04/01
CC: RON LISTON, APPLICANTS' REPRESENTATIVE
Project History:
Attached hereto please find a copy of the staff report which was presented to the Garfield
County Planning Commission on August 8, 2001. A letter was received from the State
Engineer's Office after completion of the staff report (see packet, page ) which
essentially reversed the "no material injury" finding unless a legal source of water was
acquired to fill the fire protection water storage tanks and to water the proposed three (3)
head of livestock. A lengthy discussion was had during the public hearing in part due to a
lack of staff engineering review of the application. The discussion focused mostly on a
central water system versus individual wells (trying to resolve suggested condition #16),
shallow depth to groundwater / possibilities of groundwater contamination, and ISDS vs.
other methods of sewage disposal. The Planning Commission moved to recommend
approval of the Native Springs Subdivision Preliminary Plan with ate€conditions,
as follows: / 2
That all r- . _ , - . tation�s' made b ,.•: P cant
in be conditionse of approval,n, and at un lic
unless
hearing before the
specifically -red by the Planning Commission.
(Access/Roads)
2. The recommendations of the Road & Bridge Department (including moving the
fence and obtaining an access permit), shall be followed. A copy of an approved
access permit shall be submitted prior to approval of any final plat. The historic
agricultural access along the eastern boundary of the property shall be abandoned,
removed, and restored.
3. All roads and addresses shall be clearly marked so that they are visible from the road.
The covenants shall also state this.
4. The covenants shall be amended to clearly state that the HOA may assess monies for
road maintenance, and the HOA shall conduct said maintenance. The following
correction shall be made to plat note #4: "That all cxpcnsc for street maintenance
and associated expenses shall be furnished by the Native Springs Subdivision Property
Owners Association, Inc., not by the County of Garfield.".
(Revegetatio n /Wetlands)
o approval of the preliminary plan by the Board . . snty ommissioners,
the section . covenants that addresses reve:- : 'on shall be amended so that a
particular party, s • .s the Homeo - -rs' Association shall be made responsible for
implementation of the rev-: • e .lan. Plat note #7 shall be amended to state:
"The individual lot . .'ners shall be res.. sible for control of noxious weeds on their
propery. The ► 'tive Springs Subdivision Properly •w re .onsible
for of noxious weeds on all common areas." /'N C�
6. The location of all wetlands shall be surveyed and shown on the plat and
construction plans as necessary. A note shall be included which prohibits
disturbance of the wetlands, and protections shall be put in place to prevent
disturbance during construction.
Prior to approvaYby the Board of County Commissioners, the drainage plan shall be
amended to in-clude-provisiensforh-bleckag€-and to s ally address flood
o s. a d&e/2 cat C.O`-t. e.& i S •
Prior to building, each lot owner shall obtain a professionally prepared (by a licensed
engineer in the State of Colorado) grading„and/�drainage plan which ensures positive � �/
drainage away from built structures ^e.`� c�-tom,” i -dm.
—t p�,.�.�• L -t"� 3, 1 , +- )1. �, _ I r2aucL
(Geo .ec nical) PA ',t)2-4 Se wlJL�
9. All recommendations made by Hepworth-Pawlak shall be followed. Site specific
studies shall be conducted for individual lot development, and a plat note and the
covenants shall state such. The following shall be included on the plat, and in the
covenants: "Site specific studies for individual lot development shall be conducted by
a registered professional engineer within the State of Colorado. These studies shall
include drainage and grading plans, Individual SewageTreatment System design,
foundation design, and underdrain system design. The cost of these studies shall be
borne by the individual property owner."
(Fire/Emergency Access)
Prior to approval by the Board of County Commissioners, written approval of the
proposed project shall be obtained from the Fire District. If the Fire District has
additional recommendations or suggested changes, they shall be followed.
(Wildlife/Animals/Covenants/Fees)
2
11. All recommendations made by the Division of Wildlife shall be followed.
12. No more than a total of 3 cattle and/or horses shall be kept on each lot. The
covenants shall clearly state this.
13. All applicable fees shall be paid prior to approval of the final plat.
14. The covenants/plat notes shall be amended as follows:
a.) Plat note #13 states ownership of the mineral rights lies with the Greens. This
note, and the covenants, should be expanded to disclose the future possibility of
mineral exploration and recovery on the property. This disclosure must also be
provided at the time of closing.
b.) The covenants should clearly state that no more than 500 square feet of lawn or
garden shall be watered with the domestic well water. All additional landscape
irrigation must be achieved from legal sources.
(Water)
,_..- C --
Prior to approval of the . - .....1, • .. •y the Board of County Commissioners,
the applicant shall provide a letter from the State Engineer's Office of "no material
injury" in light of the questions raised in the staff report, and shall provide proof of
adequate irrigation water rights to support the proposal.
Indivi•u.' -lls will be prohibited. A central water system shall be provided which
meets the subdivis : • e ations (specifi on :50 and 4:91B). The design of
said system shall be submi a review at least 2 weeks prior to the public hearing
before the Board of C.. Commissi. - . • r Each and every well shall be
drilled, pump t- . -., and water quality tested (for nitrate , s, bacteria, phase II
and V in.:anics, radiation, and dissolved solids). No final plat sh. . - ...roved
until e results meet the subdivision requirements and satisfaction of the Board of
County Commissioners.
17. The covenants shall be amended to clearly state that property adjacent to the
subdivision is zoned commercially. The adjacent commercial zoning shall be
disclosed to potential lot purchasers at the time of closing, who should be fully
prepared to accept any impacts the commercial zoning may present.
18. Conventional ISDS shall be prohibited. ISTS (individual sewage treatment systems)
shall be used. The Covenants shall be amended accordingly. Similar provisions shall
be made regarding maintenance of the ISTS as in other approvals of ISTS in the
County.
Staff Update 9/3/01: �C ��''G� �� ``E ;,
1. Engineering Review: Staff referred the application and all file materials to a Professional
Engineer for review and comment on behalf of the County. Please find Resource
Engineering's ("Resource") comments attached hereto, page . Their letter, dated
August 29, 2001, focuses primarily on water supply, wastewater disposal, drainage, and
3
l �
road issues. The water supply may be adequate b a on the results of the well
constructed on Lot 2. Resource recommends that wells be properly designed and
constructed to draw water from a lower aquifer. Resource also recommends the County
require ISTS (mdividual sewage treatment systems), with similar maintenance provisions
as required with past approvals of ISTS. Resource states that the drainage plan does nota, vitt.
satisfactorily support the conclusion that runoff will not be increased. This project IJ`` uJi-
should include detention facilities or mitigation which promotes infiltration. Resource ' '
also notes that the application lacks an explanation of why a horse shoe loop road, which,,, )10 ,�,'
meets County Regulations, has not been provided. `�`'�. /'
2. Water Supply: A letter was submitted from Zancanella and Associates, dated August 10,
2001 (see page ). This letter proposes to fill the fire protection tanks with a fixe
protection well! The applicant has applied for a well permit for this purpose. The letter
also -explains"that the stock associated with the subdivision will obtain water from the
il�� Green Spring, which will become part of the pipe irrigation system. This right is covered
by decree W3914. �2. j p -e( wG � -y `j '. � ��—
7-10)--\c" 7 , -,, , p1 , _, i �i viat � Care, a,a --e- o
3. Needed amendments: taff ►eco mends c-5nsideration of th'e following amendments to eti- tit t-t)
the Planning Commission recommendation in light of new information submitted, and 5 S2'�'L.cs
to take care of other minor details:
• Recommendation #1: Change "Planning Commission" to "Board of County
Commissioners". The revised condition should read, "That all representations made by
the applicant in the applica �' • • , and at th ublic hearin before the Board of
County Commissioners, s e . ': ` on ons o Sb)
County specifically altered by
the Board of County Commissioners."
• Recommendation #5: Change `preliminary plan" to "final plat'. The revised condition
should read, "Prior to approval of the final plat by the Board of County
Commissioners, the section of covenants that addresses revegetation shall be
amended so that a particular party, such as the Homeowners' Association shall be
made responsible for implementation of the revegetation plan. Plat note #7 shall be
amended to state: "The individual lot owners shall be responsible for control of
noxious weeds on theirpropery. The Native Springs Subdivi.,7on Propery Owners Association,
Inc., shall be responsible for control of noxious weeds on all common areas ". "
• Recommendation #16: Strike first three sentences and the word "or", and add a
statement that reads, "Wells shall be properly designed and constructed so as not to
draw from shallow groundwater". The revised condition should read, 'Wells shall
be properly designed and constructed so as not to draw from shallow groundwater.
Each and every well shall be drilled, pump tested, and water quality tested (for
nitrates, nitrites, bacteria, phase II and V inorganics, radiation, and dissolved solids).
No final plat shall be approved until the results meet the subdivision requirements
and satisfaction of the Board of County Commissioners."
4
9/03l4-1,Staff Recommendation:
To date, the ap nt has apparently not met several conditions which require action prior
to approval of the prelimralan by the Board of County Commissioners. These
conditions include condition #7 as amended (revised drainage plan), condition #10 (letter
from fire district), and condition #15 (letter of "no m tae rial injury"). Staff suggests that the
matter be tabled until these conditions have been satisfactorily met.
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.-12-2001 03:09PM FROM -Colorado Geological Survey 3038662461 T-008 P.001/003 F-664
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
E.CPVEI) •113L 1 201
Name of application:
Sent to:,,
Date Sent: 06/18/01
Comments Due: Wed., July X43, 2001
Native Springs Subdivision Preliminary Plan
Garfield County requests your comment in review of this project. Please notify Kit Lyon
in the event you are unable to respond by the date listed above. This form may be used
for your response, or you may attach your own additional sheets as necessary. Written
comments 'nay be mailed, e-mailed, or faxed to:
Kit Lyon
Garfield County Building & Planning Department
109 8th Street, Suite 301, Glenwood Springs, CO 81601
Fax: 94 Phone: 970-945-8212 or
1441/ E. 31d St, Rifle, CO 81650
Phone: 970-625-0916 3417
E-mail: "kitlyon@usa.net"
General comments:
414
This review agency recommends (circle one): • ppro / Denial
The following are suggested conditions of approval, or are the reasons for denial:
Name of review agency:
By: --Z a
Rruiastri 6/Rini
RECEIVED JIIL 1 6 MI STATE OF COLORADO
COLORADO GEOLOGICAL SURVEY
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 715
Denver, Colorado 80203
Phone: (303) 866-2611
FAX: (303) 866-2461
July 11, 2001
Mr. Kit Lyon
Garfield County Planning Department
109 8t Street, Suite 301
Glenwood Springs, CO 81601
GA -01-0012
RE: Native Springs Subdivision PP Geologic Hazard Review
DEPARTMENT OF
N
RESOURCES
Bill Owens
Governor
Greg E. Walcher
Executive Director
Michael B. Long
Division Director
Vicki Cowart
State Geologist
and Director
Dear Mr. Lyon,
Thank you for the land use application referral. At your request and in
accordance to SB 35 (1972) this office has reviewed the materials submitted by your
office and conducted a field inspection of the site on June 26, 2001. The submitted
Preliminary Plan Application included an Engineering section that included septic system
Engineering, Inc. and geotechnical and radiation
and drainage reports by High Country
reports by HP Geotech. Please consider our observations in your land use decisions.
The site is situated on a broad alluvial terrace on the west side of the Colorado
River. The land is relatively flMethe
heThe geo geologic hazards of this sside of County Road ite are relatively
bluff
begins marking the edge of Graham
benign. The major hazards that could possible adversely affect the proposed land use are
potentially hydrocompactive soils on the hillside collluvial aprons at the boundary with
Road 210 and soft alluvial soils.
The drilling investigation by HP Geotech shows that the majority of the
development is located on glacial outwash river terraces that have been buried at depth
with more recent thick alluviums of silt, clay and fine sand. These soils near the shallow
ground water level have been shown to be very soft and will have only very modest
bearing capacities. The building footprint of Lot 7 lies on the slope of alluvial fan/slope
wash soils that mantle the base of the bluff. These soils may be hydrocompactive. We
reiterate what was disclosed by the consultant, that both of these types of soils could
experience large settlements if they become further wetted. The surface and subsurface
drainage recommendations must be complied with.
•
Native Springs Sub. PP Page 2
The shallow ground water levels may fluctuate seasonally. The drilling program
by HP Geotech was conducted August 1, 2000 so ground water levels may be higher
during the spring. High seasonal ground water levels may impact standard ISDS
proposed for this development.
The only geologic hazards that we believe may impact this site are related to the
geotechnical properties of the soils and acceptable foundation and septic system
performance. Provided the recommendations of the geotechnical consultant are complied
with, especially regarding water management and site-specific foundation excavation
inspections, this office has no other concerns with the development as planned. If you
have any questions please contact this office at (303) 866-3551.
Sincerely,
/ /L/4/
Jonathan L. White
Engineering Geologist
RECEIVED JUL 1 2 2001
-111
OFFiCE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone: (303) 866-3581
FAX: (303) 866-3589
http://water.state.co.us/default.htm
STATE OF COLORADO
July 6, 2001
Kit Lyon, Senior Planner
Garfield County Building and Planning
109 8th St Ste 303
Glenwood Springs CO 81601
Re: Native Springs Subdivision Preliminary Plan
Sections 2 & 11, T6S, R93W, 6th P.M.
W. Division 5, W. District 39
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
Dear Ms. Lyon:
We have reviewed the above referenced proposal to subdivide a parcel of approximately
66 acres into eleven residential lots. Each lot will be allowed one single-family dwelling and one
accessory dwelling. Water for the dwellings and 500 square feet of lawn and garden per lot is
to be provided by individual on lot wells constructed under permit nos. 54918-F through 54928-
F. These permits were issued on November 16, 2000 pursuant to a contract with the Basalt
Water Conservancy District (the District). Well water use is estimated by Zancanella and
Associates, Inc., as 8.94 acre-feet of diversions and 1.52 acre-feet of consumptive use.
Additional irrigation use to occur via unspecified ditch water rights was not estimated. Sewage
will be through individual septic systems.
Each of the permits is limited to use in two single family dwellings, the irrigation of not
more than 500 square feet of home gardens and lawns, and the watering of domestic animals,
which is adequate for the proposed uses. However, we have not received a Well Construction
and Test Report, a Pump Installation and Test Report or a Statement of Beneficial Use for these
wells. If these documents are not receive prior to November 16, 2002, the well permits will expire
and be of no effect.
The report by Zancanella and Associates, Inc., indicates that Native Springs Well #2
(permit no. 54919-F) was completed on November 1, 200 by Shelton Drilling Corporation. A
pump test conducted November 2 and 3, 2000 by the Samuelson Pump Company indicates that
the well produced at least 15 gallons per minute over a twenty-five hour period, and that the well
recovered to within 0.10 feet of the static water level within eleven hours after pumping ceased.
With adequate storage capacity this well should provide an adequate supply for the proposed
use. The additional wells should also provide an adequate water supply if they have similar
production rates.
Our records also indicate the well with Permit No. 208670 was issued for and
constructed on the existing parcel. Note that Section 37-92-602(3)(b)(III), C.R.S., requires that
the cumulative effect of all wells in subdivision be considered when evaluating material injury to
decreed water rights. Therefore, the existing exempt well must be included in either the
District's substitute supply plan or an augmentation plan, or must be plugged and abandoned,
since the provisions of C.R.S. 37-92-602 which allowed for issuance of this well permit will no
longer apply.
I' Garfield County Building and Planning July 6, 2001
Native Springs Subdivision Preliminary Plan
Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the
proposed water supply will not cause material injury to decreed water rights, and is adequate,
so long as valid well permits are maintained for all of the wells, no expanded use of the
unspecified irrigation water rights occurs, and the disposition of Permit No. 208670 is resolved
as stated in the preceding paragraph. If you or the applicant has any questions concerning this
matter, please contact Craig Lis of this office for assistance.
Sincerely,
Y,__4(A-). *,
Kenneth W. Knox
Assistant State Engineer
KWK/CML/Native Springs.doc
cc: Alan Martellaro, Acting Division Engineer
James R. Lemon, Water Commissioner, District 39
17 01 03:27p Brian Gra
To: K1 1 Ly o!'
(970)625-8009 p.l
RECEIVED JUL 1 7 2001
Fax St: ,,_f /
From: 2 1 v (— R A~
Re: 04A -71.1"C SPS► ^5 S /fe(1
Date: 7-1-7— 01
Pages: including this cover sheet.
If you have any questions regarding this fax, please contact:
970-625-goo9
Colorado Division of Wildlife,
■
FAGIMILE
17 01 03:27p Brian Gra,
(970)625-8009
GARFIELD COUNTY REG. MGR_ AREA
Building & Planning Departmar• FG. MGR, AREA 10
AREA15
Review Agency Form AREA ` AREA 1e
AREA8 AREA18
Date Sent: 06/18/01
Comments Due: Wed., July 18, 2001
Name of application: Native Springs Subdivision Preliminary Plan
7). 0. .J.
Sent to:
Garfield County requests your comment in review of this project. Please notify Kit Lyon
in the event you are unable to respond by the date listed above. This fonn 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:
Kit Lyon
Garfield County Building & Planning Department
109 8th Street, Suite 301, Glenwood Springs, CO 81601
Fax: 970-384-5004 Phone: 970-945-8212 or
144 '/s E. 3"d St., Rifle, CO 81650 1(16'5--
Phone:
rf3'5Phone: 970-625-0916
E-mail: " ldtlyon@usa.net"
General comments: S { e u -v_ 0
inJ1
WEST REG DOW
This review agency recommends (circle one): Approval / Denial
The following are suggested conditions of approval, or are the reasons for denial:
Name of review agency:
By: ..- t i4 -,J 6 i fk y Date: 7-17 - /
p.2
17 01 03:27p Brian Gra
STATE OF COLORADO
Bill Owens, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Russell George, Director
60B0 Broadway
Denver, Colorado 80216
Telephone: (300) 297-1192
July 16, 2001
Kit Lyon
Garfield County Building and Planning Department
109 86 St., Suite 301
Glenwood Springs, CO 81601
RE: Native Springs Subdivision / Preliminary plan
Dear Kit:
(970)625-8009
P.3
For Wildlife -
For People
I have had the opportunity to visit this site and to review the referral documents regarding this
development proposal The wildlife report in the referral packet thoroug) ly describes the site and the
wildlife use that occurs in the area. I agree with the report with regard to impacts to wildlife that may
occur as a resuh of this development. The site does not contain habitat that is critical for wildlife species
that inhabit the area. The development will have minimal impacts to mule deer, ground nesting birds and
a few reptile species.
I think it is important to take into consideration the statements in the report regarding dogs/pet control,
fencing, garbage, and damage caused by wildlife. The recommendations in the report involving these
issues are pertinent and will be beneficial to wildlife that will still utilize the area.
Thank you for the opportunity to comment on this land use proposal in Garfield County. If you have any
questions, please contact me.
District Wildlife Manager
DEPARTM8 T OF NATURAL RESOURCES. Greg E. Welcher, Executive Director
VVLDUFE COMMISSION, F ck Enstrom. Chair • Robert Shoemaker. Vice -Chan • Martarna Raltopoubs, Secretary
Members, Bernard Back • Tom Burke • Phip James • Brad Phelps • Oive Valdez
L'... tY1.4.. IIman. c 11SLd•i.—. ....J I i . A..+�.i
Jo -8-2001 10:24A FROM:BLDGPLANGARCO 9703843470 TO:9P9454590
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Date: Tue, 24 Jul 01 15:24PM MDT
From: "steve anthony"<santhony@coop.ext.colostate.edu>
Add To Addres 'Book
To: Kit Lyon <kitlyon@usa.net>
Subject Native Springs
More Details Print Preview
Kit,
here's the comments on Native Springs....I did not ask for a reveg
bond for a couple of reasons, 1. the project was in the pipeline piror
to May 7 deadline (when the BOCC adopted the new reveg
guidelines) 2. At the Sketch Plan I had about 6 concems....they
addressed those, so I was reluctant to add anything that was
beyond the scope of those concems.
sorry for the slow response time
Steve Anthony
Garfield County Vegetation Management Director
PO Box 1112
Rifle CO 81650
Phone 970-625-3969
cellular phone 970-379-4456
fax 970-625-3917
e-mail:
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07/24/2001
AUG -8-2001 10:24A FROM:BLDGPLANGARCO 9703843470 TO:9P9454590 P:8/9
•
MEMORANDUM
To: Kit Lyon
From: Steve Anthony
Re: Comments on the Native Springs Subdivision
Date: July 19, 2001
Kit,
Thanks for the opportunity to comment on the Native Springs Subdivision. My comments are as follows:
1. After reviewing the weed inventory, I will be contacting the applicant regarding the infestation
of sulfur cinquefoil so I can confirm the location of this plant as it is not known to be in the County.
2. The submitted weed management plan is acceptable. The County expects the applicant to follow the
weed plan in a timely manner. In particular we emphasize the need to manage Russian Olive as a
noxious weed. The inventory has listed ten Russian Olive trees on the property, we would like to
emphasize the importance of managing weeds such as Russian Olive when they are in relatively small
quantities on the property.
3. The applicant has submitted a written Revegetation Plan. While the Plan has specific details on
revegetation, it does not assign responsibility for the reclamation work to be done on new road cuts,
utility line placements (water line and common trench), culverts, and various valves and hydrants.
In particular, revegetation for utility line disturbances seem to a "gray area", and the applicant should
state which party (either the Homeowner's Association or another party) is responsible for the
revegetation work.
z�
UG-B420O. 10:23A FROM:BLDGPLANGARCO 9703843470 TO:9P9454590 P:5'9
•
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
RECEIVED JUN 1 9 2001
Date Sent: 06/18/01
Comments Due: Wed., July 18, 2001
Name of application: Native Springs Subdivision Preliminary Plan
Sent to:
e (A -
Garfield County requests your comment in review of this project. Please notify Kit Lyon
in the event you are unable to respond by the date listed above. This form may be used
for -your --response, or you may attach your own additional sheets as necessary. Written
comments may he mailed, e-mailed, or faxed to:
Kit Lyon
Garfield County Building & Planning Department
109 8th Street, Suite 301, Glenwood Springs, CO 81601
Fax: 970-384-5004 Phone: 970-945-8212 or
144 '/s E. 3rd St., Rifle, CO 81650
Phone: 970-625-0916
E-mail: "kitlyon@usa.net"
General comments:
NO CONCERNS
This review agency recommends (circle one): Approval / Denial
The following are suggested conditions of approval, or are the reasons for denial:
Name of review agency: Garfield Re -2 School District
By:
Lennard Eckhardt Date: 6-18-01
R Pvicrvl 6/R/flt
8
UG -8-1001 10:23A FROM:BLDGPLANGARCO 9703843470 TO:9P9454590 P:6/9
•
lAS P. DALESSANDRI
cri ff of Garfield County
Date: June 20, 2001
To: Garfield County Building and Planning
Attn: Kit Lyon_
From: James H. Sears, Undersheri
Re: Native Springs Subdivision Preliminary Plan
After reviewing the above referenced document, the concerns of the Garfield County
Sheriff's Office continue to be the same as reflected in my memo to the Building and
Planning Department dated August 3, 2000. That memo was in conjunction with the
review of the subdivision's sketch plan.
•
GARFIELD COUNTY SHERIFF'S DEPT.
P.O. Box 249 • Glenwood Springs, CO 81602
(970)945-0453
Fax (970)945-7651
`RECEIVED JUN
ci