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Home My WebLink About4.0 BOCC Staff Report 01.14.2008BOCC Exhibits (1/14/2008) Exhibit ` Letter (A to Z)'; Exhibit A Proof of Mail Receipts B Proof of Publication C Garfield County Zoning Resolution of 1978, as amended (the Zoning Code) D Garfield County Comprehensive Plan of 2000 E Staff Memorandum F Application G Memo from Steve Anthony of the Garfield County Vegetation Management Department dated 9-7-2007 H Memo from Celia Greenman of the Colorado Geological Survey dated 9-11-2007 I Email Jake Mall of the Garfield County Road and Bridge Department dated 8-27- 2007 J Memo from Xcel Energy Company dated 8-16-2007 K Memo from Craig Lis of the Office of the State Engineer, Division of Water Resources dated 9-14-2007 L Memo from Chris Hale of Mountain Cross Engineering dated 9-17-2007 M Letter from Nathan Bell of Bell Consulting, LLC to David Pesnichak of the Garfield County Planning Department dated 9-23-2007 N Letter from Nathan Bell of Bell Consulting, LLC to Steve Anthony of Garfield County Vegetation Management dated 9-21-2007 O Letter from Nathan Bell of Bell Consulting, LLC to David Pesnichak of the Garfield County Planning Department dated 6-25-2007 P Email from Steve Anthony of the Garfield County Vegetation Management Department dated 9-26-2007 Q Letter from Cynthia Love of the Office of the State Engineer, Division of Water Resources dated October 3, 2007 R Letter from Brit McLin of Burning Mountain Fire Protection District dated October 15, 2007 S Letter from Nathan J. Bell of Bell Consulting, LLC dated June 27, 2007 T Letter from Brit McLin of the Burning Mountain Fire Protection District dated December 5, 2007 U Letter from Nathan Bell of Bell Consulting, LLC dated October 29, 2007 V Letter from Nathan Bell of Bell Consulting, LLC dated November 7, 2007 BOCC 1/14/08 DP PROJECT INFORMATION AND STAFF COMMENTS REQUEST APPLICANT / OWNER LOCATION PROPERTY SIZE SI'1L DATA WATER SEWER ACCESS EXISTING ZONING COMPREHENSIVE PLAN Preliminary Plan: North Bell Ranch Subdivision Nathan & Tammi Bell South I/2 of Section 31, Township 5 South, Range 91 West (approximately 1 mile north of the Town of Silt on Silt Mesa) 35.23 acres 3 lots Well ISDS CR 261 (Groff Lane) & CR 233 (Silt Mesa Road) ARRD Outlying Residential (Town of Silt Urban Growth Boundary) ' 7-1 Acre`/ 1 Z60 ARRD Subject Parcel ARRD tigwar reply yeDWlUetl COSS —aawH.gsrt.. ELM rms .MS411.1 WAY.' Sows North Bell Ranch - PreliminaryPian Location Map 0 625 1,250 2,500 Feet I i i I i 1 I 2 1125 25 Subject Parcel 31 CODE ELM rtri 1790 x'i 17900374 North Bell Ranch - Preliminary Plan Hazards Map 0 120 240 480 Feet 3 North Bell Ranch - Preliminary Plan Aerial Photo 0 87.5 175 350 Feet 1 1 1 1 I 1 1 1 1 4 3.1 TAY'L4',S' iff13)100g , 11939111 Irld .UNNIVII13141 noshicens 1-10101:11138 HildON L9919 03 '1119 I9Z GIV014 AMMO 06Z T WL ONY NW11111 6 • ,? 43i7: ! • , fi3un90 • 1 • • 41),q • 3 'r• g!. ezg ',owdsm•s `p•ss sr' A.3 • - ; North Bell Ranch Subdivision — Proposed Preliminary Plan 5 I. GENERAL PROJECT INFORMATION The Applicant proposes to subdivide the subject 35.23 -acre tract into three lots where Lot 1 has 28.558 acres, Lot 2 has 2.098 acres, and Lot 3 has 2.151 acres. The property is presently being farmed / ranched with a significant irrigated hay field located on the western half of the property with an existing residence and associated agricultural structures (barn and personal riding arena) being located on the eastern half of the property. The site plan is designed such that the existing residence will be located on Lot 2, a new residence would be located on Lot 3 and a new residence would be located on the much larger Lot 1 which also includes all of the existing ranching / farming activities and structures. This application was first heard by the Planning Commission on September 26, 2007 and again on October 24, 2007. The Planning Commission voted unanimously to recommend that the BOCC approve the North Bell Ranch Subdivision. [The satellite image on the cover and aerial photo on page 4 of this memo clearly shows the property lying between the County roads, the irrigated hay field, riding arena, and existing single-family residence.] Above is the view of the subject parcel looking south down County Road 261. Lot 2 and Lot 3 are proposed to access County Road 261. 6 II. REFERRALS Town of Silt Burning Mountain Fire Protection District Public Service Company US West Communications Colorado Division of Wildlife Colorado Division of Water Resources Colorado Geological Survey Garfield County Road and Bridge Dept. Garfield County Vegetation Man. Dept. Mountain Cross Engineering No Comments Received (See Exhibit R & Exhibit T) (See Exhibit J) No Comments Received No Comments Received (See Exhibit K & Exhibit Q) (See Exhibit H) (See Exhibit I) (See Exhibit G) (See Exhibit L) GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in Study Area 2, within the 2 -mile area of urban influence, and Urban Growth Boundary of the Town of Silt. The County Comprehensive Plan map shows this area designated as "outlying residential" which allows for an average density of at least 2 acres per dwelling unit. This proposal in terms of use (residential / agricultural) and average density is compatible with the Comprehensive Plan and general character of the area. [This is illustrated in the map below which shows the property hashed inside a circle in the center of the map.] Because the County has an Intergovernmental Agreement (IGA) with the Town of Silt, properties in the County that fall within the boundaries of the 2 -mile area of urban influence, and the Urban Growth Boundary are reviewed with the Town's Comprehensive Plan designation rather than Garfield County' s Comprehensive Plan. In this case, Silt's Plan shows the property lying primarily in Rural / Agricultural Transition Residential with a small portion at the south end of the property in the Medium Density Residential designation along CR 233. Ultimately, the County's Subdivision regulations and the IGA require subdivision proposals to conform to and be compatible with the Town of Silt's Comprehensive Plan. These designations are described below from the 2005 Town of Silt's Comprehensive Plan: 7 A. Rural /Agricultural Transition Residential This is a transitional area intended to be used between urban development and agricultural areas on the fringe of the urban growth boundary. It allows a maximum average density of two dwellings per acre, and the dwellings should be located in clusters on smaller lots, preserving larger areas of agricultural or open space as a buffer to agricultural lands. It is similar to the agricultural conservation district but with higher densities and allowing a broader range of use of the open space including agricultural or equestrian, community gardens, natural open space, parks, golf course, etc. The residential lot sizes may vary from 7,000 sq. ft. to '/a acre lot sizes (22,000 sq. ft.) per home site. B. Medium Density Residential The medium density areas are the primary residential growth areas in the plan. Developments would be allowed a maximum residential density of 4.5 dwelling units per acre. A variety of site densities accommodation various housing types within a proposed project will be encouraged in these areas. Densities in a development may range from three to eight dwellings per acre accommodating a mix of single-family dwellings, duplexes, town -homes, patio homes, and low density garden apartments. A variety of housing types and densities will be required in new subdivisions on parcels larger than two acres to ensure a diversity of housing types throughout the community. However, there shall be no more than one multi family dwelling for each four single-family dwellings in any project in the medium density residential area (20%). Mobile homes are and manufactured homes are not allowed in medium density areas except as pre-existing, non -conforming uses. The subdivision proposes an overall average density of 11.74 acres per dwelling unit which is well below the Town's suggested maximum density. Also, the Applicant has chosen the smallest lot size at 2 acres allowed by the underlying County ARRD zone district. Further, the two proposed lots are clustered together on the western side of the property leaving the remaining 28.558 acres to be devoted to existing and active ranching / agricultural uses. Based on the foregoing, Staff finds the proposed subdivision conforms to and is compatible with the Town of Silt's Comprehensive Plan. IV. APPLICABLE ZONING REGULATIONS The following is an analysis of the proposed development with the required zoning regulations of the ARRD zone district. A. Proposed Uses in ARRD Zoning The Applicant proposes single-family residential development and agricultural uses on the three lots which are "uses by right" in the A/R/RD zone district and therefore 8 consistent with the underlying zone district. For other uses, the Applicant should consult Section 3.02 of the Zoning Resolution. B. Common Dimensional Requirements in ARRD Zoning a. Minimum Lot Size of 2 acres: The Applicant proposes the property be subdivided into three lots that satisfy the minimum lot size in the zoning. b. Maximum Lot Coverage: Fifteen percent (15%) c. Minimum Setback: ➢ Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; ➢ Rear yard: Twenty-five (25) feet from rear lot line; • Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. d. Maximum Height of Buildings: Twenty-five (25) feet V. APPLICABLE SUBDIVISION REGULATIONS The following section addresses common subdivision components that will need to be addressed as part of any Preliminary Plan and Final Plat submittal to the County. A. Domestic & Irrigation Water An existing exempt well (Permit Number 174076-A) already serves the property. This well is legally able to serve up to 3 single family dwelling units, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. The Applicant has proposed the use of three wells to serve the three proposed lots. Lot 1: - Existing Exempt Well — Permit Number 174076-A - No (West Divide Water Conservancy District) WDWCD Contract - Tested January 23, 2007 at three (3) gallons per minute Lot 2: - New Well, Well Permit Number 66441 - WDWCD Contract Number S070322NTB#2(a) — (2.16 acre feet of water for one dwelling, one acre of irrigation and two domestic animals) - Tested October 27, 2007 at six (6) gallons per minute Lot 3: - New Well, Monitoring Well Permit Number 272033 9 - WDWCD Contract Number S070322NTB#3(a) — (2.26 acre feet of water for two dwelling units, one acre of irrigation and four domestic animals) - Tested January 24, 2007 at five (5) gallons per minute Cynthia Love of the Office of the State Engineer, Division of Water Resources has stated in her letter dated October 3, 2007 (Exhibit Q): "...it is our opinion, pursuant to CRS 30- 28-136(1)(h)(i), that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains valid well permits, and is physically adequate." In addition, a review of the submitted water quality tests for the proposed and existing wells has indicated that the water is of adequate quality. To this end, as the Applicant has obtained WDWCD contracts for the wells proposed for Lots 2 and 3 and the Division of Water Resources has issued a letter of "no material injury" for the subdivision, it is Staff's opinion that legal and adequate water is available. B. Waste Disposal The application states that wastewater generated from the two new residential uses on Lots 1 and 3 are to be accommodated by ISDS. Lot 2 presently has an ISDS in place serving the existing dwelling. It appears the soils prevalent on the property are deep and well drained and suitable for ISDS. The Applicant has indicated that the predominant soil types in the development areas are Ildefonso stony loam, 25 to 45 percent slopes, Potts- Ildefonso complex, 3 to 12 percent slopes and Potts-Ildefonso complex, 12 to 25 percent slopes. The Applicant, as a registered engineer in the State of Colorado, has performed percolation tests on Lots 1 and 3 (Lot 2 is currently served by ISDS). The Applicant has indicated the following percolation rates: Lot 1 = 20 minutes / inch Lot 3 = 25 minutes / inch The Colorado Geological Survey (CGS) has reviewed this application and had the following comments regarding sewage disposal on the property (See Exhibit H): ISDS. The percolation test results suggest that standard septic systems could be used at the site. Setback from the drainage channel should be established to prevent wastewater from daylighting on the slopes. Because of the irrigation easement on Lot 3, it would be worthwhile to identify preliminary leach field envelopes that would not interfere with easements... In summary, the property can be developed for further residential use... Based on the topography of the proposed subdivision and that the proposed development areas are within the slop hazard area (see Page 3 of this Staff Report) as identified within the Garfield County Comprehensive Plan of 2000, Staff recommends that all new ISDS's 10 within the proposed subdivision be designed by a Colorado Registered Engineer. In addition, Staff concurs with the CGS that the Applicant should identify leach field envelopes within Lot 3 in order to prevent future interference with the irrigation easements within the lot. In response to this recommendation, the Applicant has identified two potential ISDS leach field sites as demonstrated in Exhibit V. C. Roads / Access The property has frontage on four public county roads which include CR 233, CR 214, CR 261, and CR 228. The property presently uses a driveway of CR 233 to access the ranching / agricultural portions of the property and a driveway off of CR 261 for the existing residence. The Application proposes one new driveway off of CR 261 for Lot 3. Jake Mall of the Garfield County Road and Bridge Department had the following comments regarding this application (See Exhibit I): Garfield County Road & Bridge Department has no objections to this application with the following comments. A 30 -foot strip of land shall be deeded to the County for future use along all County roads that border the property for the entire length of the property along the County roads. All fences, trees and buildings that encumber the new ROW shall be moved back to the new ROW at the sub -dividers expense upon final plat approval by the BOCC. Irrigation ditches within the ROW shall be relocated on the property owned by the sub- divider. This does not include ditches used for drainage of the County road system. Driveway access permits issued by Garfield County Road & Bridge Department with conditions specific to each driveway shall be applied for. Existing driveway/s that do comply with the current driveway access permit standard shall be brought up to the current driveway access standard. If no driveway access permit has been issued for driveway/s being used a new driveway access permit will be applied for. All vehicles hauling equipment and materials used in the construction of the subdivision will comply with Garfield County's oversize/overweight permit system. Staff recommended to the Planning Commission that a condition of approval requiring the deeding of a 30 -foot strip of land to the County along all County roadways as well as the removal of all encumbrances within that 30 -foot strip of land. Following discussions with the Planning Commission and the Applicant, Staff and the Planning Commission are recommending that a condition of approval be added stating that "a 30 -foot right-of-way easement from the centerline of all County Roads adjacent to this subdivision shall be dedicated to Garfield County prior to signing of the final plat." D. Fire Protection The property is located in the Burning Mountain Fire Protection District. This Application was referred to the Burning Mountain Fire Protection District and a response was received on October 15, 2007 from Brit McLin (See Exhibit R). Mr. McLin had the following comments regarding this application: 11 Al this time the Fire Department has no comment or recommendation. At some future time when actual occupancies arc proposed, specific requirements for on site water storage, fire department access, and construction type may be imposed. Following further review of the application, Mr. McLin offered the following comments regarding the North Bell Ranch Subdivision: Per your request the Burning Mountains Fire Prolmtion District has the following comments with regard to your proposed subdivision: We have discussed and you have agreed to provide at a minimum a 5.000 gallon underground water tank to be located at a mutually agreed upon Location at the project, and to record an easement in favor of the Burning Mountains Fire Protection District. I will supply the format fbr the easement and wish to remind you that there is a cost share grant avahable through .B.MFPD that will pay 50137it of the project cost up to $7,50000 Staff understands that the Applicant, in conjunction with the Burning Mountain Fire Protection District, has identified the following area for the proposed 5,000 gallon underground water tank: 12 E. Drainage The property topography undulates in a moderate manner and contains a distinct drainage channel on the western portion of the property. The CGS reviewed this Application and had the following comments regarding drainage: Drainage. The drainage report states that the 100 -yr floodplain has not been mapped in the area of the development, but that the channels will contain flood events up to the 100 - yr event. Has the capacity of the culverts and other drainage improvements been checked? The access to lots 1 and 4 would be a roadway with an elevated portion that crosses the drainage and which contains a culvert. All of the irrigation pipes should be shown as easements. Construction should not occur in these easements. The presence of moisture -sensitive soils makes it even more important to maintain good surface and subsurface drainage at the site. A positive slope should be graded around structures to prevent water from ponding in the backfill and possibly seeping into below - grade space. Downspouts should discharge away from structures for the same reason. For basement construction, the basement floor should be a minimum of 3 ft above seasonal high groundwater. A subsurface drainage system, which preferably discharges by gravity, should be included in the foundation design. The Applicant, as a registered engineer in the State of Colorado, has conducted and submitted a drainage study for the North Bell Ranch Subdivision. The study concludes that "no onsite detention or improvements to existing structures is warranted due to the development of the property." It is evident that runoff should not exceed historic flows. F. Floodplain The floodplain on the property has not been mapped. Appendix E of the Application states that: The 100 -year floodplain has not been mapped in the area of the development. However, no structures are proposed within the significant channels crossing the property. These channels will contain flood events up the 100 -year event so no significant negative impact will result in the structure. The Applicant has indicated in the Application that "no development is proposed within the drainage channels where flooding due to large scale storms may occur." G. Wildlife The Applicant has indicated that the subdivision is within the elk winter range, mule deer winter range with a resident population and the Canada goose wintering area. This area is also within the overall range of black bear. This submitted list shows there is a number of wildlife species that could be affected by humans as well as domesticated animals. The Applicants will need to be aware of the wildlife and manage any domesticated animals to 13 reduce impacts it may have on wildlife. This Application was referred to the Colorado Division of Wildlife, however no comments were received. H. Soils / Geology The property's soils / geology in the area of the proposed home sites can be characterized by having the following types: 1) 34 Ildefonso stony loam, 25 to 45 percent slopes which indicates that community development is limited by large stones and steep slopes. Structures to divert runoff are needed for roads; and 2) 58 Potts-Ildefonso complex, 12 to 25 percent slopes which indicate steep slopes limit community development. Structures are needed to minimize gullying and erosion; and 3) 57 Potts-Ildefonso complex, 3 to 12 percent slopes which indicate that low strength, shrink -swell potential, and slope limit community development. The property does contain some moderate to steep slopes as identified within the Garfield County Comprehensive Plan (See Page 3 of this Staff Report). The Applicant has provided geotechnical studies for Lots 1 and 3. No geotechnical study has been conducted for Lot 2. Lot 2 is already developed with a single family home and ISDS. The CGS has reviewed the Application and has made the following comments regarding the soils on this property (See Exhibit H): Soil. The area was mapped by USGS in 1994 as loess, and fan and debris flow deposits. Soils in such deposits could be low density. Borings on lots 1 and 3 show the subsurface soil to be composed of alternating layers of silt, clay, and sand. Swell -consolidation tests indicate the clay to be slightly expansive, and the silty sand to be collapsible. The sandy silt and silty sand were analyzed as having fairly low densities. As the soil tests for lots 1 and 3 were performed on samples collected from the identified building envelopes, this information could be used for foundation design criteria. For lot 1 where slightly expansive clays were found, Yeh recommends overexcavation and replacement with a structural fill, which could be the native soils that have been properly moisture -conditioned and compacted to specification. This mitigation should also be considered for garage floor slabs and driveways (if they are paved), if clay soils are present in those areas at shallow depths. On Lot 3 where silty sands predominate, Yeh recommends spread footings laid on the native soils or properly compacted fill. Swell -consolidation tests were not performed on the samples collected from this lot, but the density of the silty sand at depth is low, suggesting the possibility of collapse. A thick section of collapsible soil below footing elevations could be problematic even for soils with low collapse potential because the collapse from wetting could be manifested as a cumulative effect through the section. Such wetting could occur from a leak in a water pipe, irrigation system, or air conditioner. It would be prudent to evaluate the soils deeper than the footing elevations at each lot. Mitigation should be proposed, where necessary. 14 Based on the information submitted and the analysis conducted by the CGS, Staff recommends that all foundations be designed by the professional engineer registered within the State of Colorado. I. Vegetation / Noxious Weed Management The Application was reviewed by the Garfield County Vegetation Management department (See Exhibit G, Exhibit N and Exhibit P). The Applicant has identified that the total area disturbed will be 3800 square feet, which is less then the 22,000 square foot disturbance threshold for requiring revegetation security. The Applicant has also provided a vegetation map and description which the Garfield County Vegetation Management department stated is adequate (See Exhibit P). J. Mineral Estate It is Staffs understanding that the property's mineral estate has been severed and is owned or leased to another party (See Application Appendix A). As such, the Applicant shall include a plat note on the final plat stating the following: "The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." K. Easements The Applicant has identified all known easements on the subject property. All dedications to Garfield County need to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all drainage easements, any shared water system easements (domestic wells and water storage tank), any storm -water drainage easements, and all internal roads (which will be dedicated to the public on the face of the final plat). The Applicant has identified that no public dedications are anticipated with this project. However, Staff and the Planning Commission recommend that the Applicant be required to dedicate 30' along each Garfield County roadway to Garfield County. L. Assessments / Development Impact Fees The property is located in Traffic Study Area 6 which requires a $210 per Average Daily Trip (ADT) fee be paid to the County in a traffic impact fee. This fee will be figured at the time of final plat. The Applicant shall pay lh of the total impact fee at final plat and included as a component of the Subdivision Improvement Agreement (SIA). The remaining half shall be divided among the lots to be paid at the time building permits are submitted to the County for individual lot development. The development is also located in the RE -2 School District. As such the developer is required to pay the appropriate School Site Acquisition Fee to be paid at final plat and 15 included as a component of the Subdivision Improvement Agreement (SIA). This fee is generally calculated as $200 per residential unit. M. Recommended Plat Notes / Covenants Please be aware, the County requires the Applicant place the following plat notes on the final plat and in protective covenants: 1. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. 2. No open hearth solid fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid fuel burning stove as defied by C.R.S. 25-7- 401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 3. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 4. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 5. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. 6. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore 16 allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. All foundations shall be designed by a Colorado registered engineer. 8. All Individual Sewage Disposal Systems (ISDS) shall be designed by a Colorado registered engineer. 9. The Homeowners Association shall be responsible for maintaining the fire protection water tank in an operable condition. In addition, the Homeowners Association shall be responsible for maintaining at least 5,000 gallons of water within the fire protection water tank at all times. VII: STAFF RECOMENDATIONS Staff recommends that the Board of County Commissioners APPROVE the proposed Preliminary Plan with the following conditions recommended by Staff: 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Access and Internal Roads 2. A 30 -foot right-of-way easement from the centerline of all County Roads adjacent to this subdivision shall be dedicated to Garfield County prior to signing of the final plat. Easements 3. The Applicant will need to delineate and legally describe all easements on the final plat and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, storm -water drainage easements, and all internal roads (which will be dedicated to the public on the face of the final plat) required as apart of this development. Impact Fees 4. The property is located in Traffic Study Area 6 which requires a $210 per Average Daily Trip (ADT) fee be paid to the County in a traffic impact fee. This fee will be 17 figured at the time of final plat. The Applicant shall pay '/z of the total impact fee at final plat and included as a component of the Subdivision Improvement Agreement (SIA). The remaining half shall be divided among the lots to be paid at the time building permits are submitted to the County for individual lot development. 5. The development is located in the RE -2 School District. As such the developer is required to pay the appropriate School Site Acquisition Fee to be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). This fee is generally calculated as $200 per residential unit. 6. The developer shall install a 5,000 gallon water storage tank dedicated to structure and wild land fire protection. This tank shall be installed below ground and within an easement as described on the Preliminary Plan. This tank shall be maintained in an operable condition by the Homeowners Association. In addition, the Homeowners Association shall be responsible for ensuring that the water tank contains at least 5,000 gallons of water at all times. Language ensuring the physical maintenance of the fire protection water tank and maintenance of the water level shall be included in the Declaration of Covenants. Plat Notes 1. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. 2. No open hearth solid fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid fuel burning stove as defied by C.R.S. 25-7- 401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 3. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State 18 University Extension Office in Garfield County. 4. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 5. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. 6. The mineral rights associated with this property have been partially or wholly severed and are not fully intact or transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. All foundations shall be designed by a Colorado registered engineer. 8. All Individual Sewage Disposal Systems (ISDS) shall be designed by a Colorado registered engineer. 9. The Homeowners Association shall be responsible for maintaining the fire protection water tank in an operable condition. In addition, the Homeowners Association shall be responsible for maintaining at least 5,000 gallons of water within the fire protection water tank at all times. 19 EXHIBIT 1 G MEMORANDUM To: David Pesnichak From: Steve Anthony Re: Comments on the North Bell Ranch Preliminary Plan Date: September 7, 2007 Thanks for the opportunity to comment on the Preliminary Plan. My comments are as follows: Noxious Weeds • Inventory and mapping -Staff requests the applicant map and inventory the project area for Garfield County listed noxious weeds. • Weed Management -Please provide a weed management plan for the inventoried noxious weeds. • Staff requests that the applicant verify that the weed management plan is implemented by providing weed management and/or treatment records by October 31, 2007 to: Garfield County Vegetation Management POB 426 Rifle CO 81650 Revegetation • The revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted on May 7, 2001) calls for the following: A. Plant material list. B. Planting schedule. C. A map of the areas impacted by soil disturbances (outside of the building envelopes). D. A revegetation bond or security at Preliminary Plan and prior to Final Plat. • The applicant has not provided a plant material list and planting schedule. Please provide a map or information, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation. • The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. Soil Plan • The Revegetation Guidelines also request that the applicant provide a Soil Management Plan that includes: Provisions for salvaging on-site topsoil. A timetable for eliminating topsoil and/or aggregate piles. A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. D 2 EXHIBIT I-9 STATE OF COLORADO COLORADO GEOLOGICAL Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 SURVEY— serving the people of Colorado September 11, 2007 Mr. David Pesnichak Garfield County Planner 108 8th St Suite 401 Glenwood Springs, CO 81601 Re: North Bell Ranch Subdivision CGS Review No. GA -08-0002 Dear Mr. Pesnichak: SWSW31 T5S R91W COLORADO 174' DEPARTMENT OF NATURAL RESOURCES Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Vincent Matthews Division Director and State Geologist In response to your request and in accordance with Senate Bill 35 (1972) I visited this property to review the development plans. The referral included a Preliminary Plat (3/28/07) prepared by Bookcliff Survey Services, a Geotechnical Investigation (1/31/07) for Lot 1 and Lot 3, prepared by Yeh and Associates, and a Drainage Study (3/30/07) and Percolation Test Results (11/12/06) prepared by Bell Consulting. The site consists of 35 acres to be divided into four lots ranging in size from 2 acres to 26 acres. The Bell residence is on Lot 2. Lot configuration. The Yeh report was written when the site consisted of three lots rather than four. Lot 4 has been crafted with a spit of "buildable" area between the drainage channels. The area of the building envelope contains loosely consolidated material that is sloughing into the drainage. Siting a home and primary and secondary leach fields in this area could be problematic. CGS recommends that Lot 4 be extended into the Lot 1 area to increase the buildable space. Otherwise, the lot should be eliminated. Soil. The area was mapped by USGS in 1994 as loess, and fan and debris flow deposits. Soils in such deposits could be low density. Borings on lots 1 and 3 show the subsurface soil to be composed of alternating layers of silt, clay, and sand. Swell -consolidation tests indicate the clay to be slightly expansive, and the silty sand to be collapsible. The sandy silt and silty sand were analyzed as having fairly low densities. As the soil tests for lots 1 and 3 were performed on samples collected from the identified building envelopes, this information could be used for foundation design criteria. For lot 1 where slightly expansive clays were found, Yeh recommends overexcavation and replacement with a structural fill, which could be the native soils that have been properly moisture -conditioned and compacted to specification. This mitigation should also be considered for garage floor slabs and driveways (if they are paved), if clay soils are present in those areas at shallow depths. North Bell Ranch Subdivision, p. 1 On Lot 3 where silty sands predominate, Yeh recommends spread footings laid on the native soils or properly compacted fill. Swell -consolidation tests were not performed on the samples collected from this lot, but the density of the silty sand at depth is low, suggesting the possibility of collapse. A thick section of collapsible soil below footing elevations could be problematic even for soils with low collapse potential because the collapse from wetting could be manifested as a cumulative effect through the section. Such wetting could occur from a leak in a water pipe, irrigation system, or air conditioner. It would be prudent to evaluate the soils deeper than the footing elevations at each lot. Mitigation should be proposed, where necessary. Additional soil tests should be performed for Lot 4 if it is reconfigured. Drainage. The drainage report states that the 100 -yr floodplain has not been mapped in the area of the development, but that the channels will contain flood events up to the 100 -yr event. Has the capacity of the culverts and other drainage improvements been checked? The access to Lots 1 and 4 would be a roadway with an elevated portion that crosses the drainage and which contains a culvert. All of the irrigation pipes should be shown as easements. Construction should not occur in these easements. The presence of moisture -sensitive soils makes it even more important to maintain good surface and subsurface drainage at the site. A positive slope should be graded around structures to prevent water from ponding in the backfill and possibly seeping into below -grade space. Downspouts should discharge away from structures for the same reason. For basement construction, the basement floor should be a minimum of 3 ft above seasonal high groundwater. A subsurface drainage system, which preferably discharges by gravity, should be included in the foundation design. ISDS. The percolation test results suggest that standard septic systems could be used at the site. Setback from the drainage channel should be established to prevent wastewater from daylighting on the slopes. Because of the irrigation easement on Lot 3, it would be worthwhile to identify preliminary leach field envelopes that would not interfere with easements. Other. Would the new homeowners be responsible for weed maintenance in the drainage channel? In summary, the property can be developed for further residential use, but as configured, Lot 4 does not appear viable. Buildable area should be added to this lot, or it should be eliminated. The recommendations in the Yeh report are valid and should be followed; geotechnical testing of deeper soils should be considered if basement construction is planned. Please contact me if there are any questions. Yours truly, Celia Greenman Geologist 303-866-2811 celia.greenman@state.co.us North Bell Ranch Subdivision, p. 2 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: August 16, 2007 Comments Due: September 7, 2007 Name of application: North Bell Ranch Subdivision Sent to: Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objections to this application with the following comments. A 30 -foot strip of land shall be deeded to the County for future use along all County roads that border the property for the entire length of the property along the County roads. All fences, trees and buildings that encumber the new ROW shall be moved back to the new ROW at the sub -dividers expense upon final plat approval by the BOCC. Irrigation ditches within the ROW shall be relocated on the property owned by the sub- divider. This does not include ditches used for drainage of the County road system. Driveway access permits issued by Garfield County Road & Bridge Department with conditions specific to each driveway shall be applied for. Existing driveway/s that do comply with the current driveway access permit standard shall be brought up to the current driveway access standard. If no driveway access permit has been issued for driveway/s being used a new driveway access permit will be applied for. All vehicles hauling equipment and materials used in the construction of the subdivision will comply with Garfield County's oversize/overweight permit system. Name of review agency: Garfield County Road and Bridge Dept By: Jake B. Mall Date August 27, 2007 Revised 3/30/00 XCEL ENERGY/GJ - REFERRAL FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 - 2/Fax: 970 384-3470 Fax 970-244-2661 Sep 4 2007 01.42pm P001/001 Date Sent: August 16, 2007 Return Re uested: Se ternber 7, 2007 EXHIBIT File Name(s) Project Name(s) • - ,.. ,3W,, ,'V3,, ' ,t v..•;,,I,,p1., . .4„,10..plii,.:q,q,i 0.'i:4:;,'oi.?..,,,.,' ii,0614;fie, ti ,,,, , ,,.,..-,,,,,,,,„ m•loi• ' 11' :,,4'6%1K 1!!:r.. 9S1,1..,•,'1:'.1i: 1 ' 3 3 ,j i .t:W.:5-,.41,feti-4....Hir ',re ,, II' •."*"--:,'Trt,17.,:.401, 0 :1'11 „ -,;;;,:,4;‘,.... ,,.:.•,;'..,. :i.:,,,,,,...4' ',,,, 14 j' ''' 33/" ,t'p .. '‘ . -To, 9iiiil.iia3eANMairfrg-i5Oili:.gil'iN31110,4;ti.g:7:.'3':'jrk3i'; "1'')i! if '3i',,, ''''i .41.i,N,:7'.'in• 4'3 - .. 3 Engineering Review . -3trict Road 8,,_ Bri Preliminary Plan Application Staff Planner: David Pesnichak (dpesnichak@garfield-county.com Phone: (970) 945-8212 Applicant: North Bell Ranch , Phone: Contact Person: Nathan Bell, P.E. Bell Consulting Phone: (970) 948-3153 Location: Located on Silt Mesa just north of Silt Mesa Rd. (CR 233) Property is bounded on the south by CR 233, CR 214, & on the east by CR 228, & on the west by CR 261. Section 31, Township 5S, Range 91W. Summary of Request: Request is to subdivide approximately 35 acres into 4 single-farni_ly lots. The Garfield County Manning Department has received a land use request as referenced a ve. Your comments are aiiimportant part of the evaluation process. 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Atiiivi Kis ,•:,,,. ,li.,j., ti4"'''^ :334'"W3f,-.,i3:1%.!?;f'!, r6331Wk.grli, hli,P,741'3`,1.1'! "jf!q-'3'1',.. '1..7'24''5-ii.1(3),..'4N,ILN"i1'7i3170:1,[li":133i;',2-!1,3;3.4;'''31,1: G!)'F./ ^,,,,,•:',%,,;:Z .4' T MICSIIIMIN MinlIMIERMIES ,,4,'47:L: 1101Y Cross Electric IIIIIIIIIIIIIIIIIIIM .G.S./Carbondale, Fire District Silt/New Castle/Rifle Fire District Soil Consen,ation District , " "." Planning Commission — , BOCC --- 0Lx 0 4 2007 STA 1E OF COLORADO 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:iiwww water.state.co.us September 14, 2007 David Pesnichak Garfield County Building and Planning Department 108 8th St Ste 401 Glenwood Springs CO 81601 Dear David: Re: North Bell Ranch Subdivision Preliminary Plan Section 31, T5S, R91 W, 6th PM W. Division 5, W. District 39 Bill Ritter, Jr, Governor Harris D. Sherman Executive Director (Vacant) State Engineer We have reviewed the above -referenced proposal to subdivide a parcel of approximately 35 acres into four lots with one single-family dwelling on each lot. The applicant proposes to supply water through two existing wells and one proposed well which will be shared by two dwellings. Sewage disposal is to be provided through individual systems. No water use estimates were provided. Permit No. 174076-A was issued pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a parcel of 35.23 acres, and allows use for ordinary household purposes inside three single- family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. CRS 37-92-602(3)(b)(III) requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Accordingly, if the parcel is subdivided, the presumption under CRS 37-92-602(3)(b)(II)(A) that there will not be material injury to the vested water rights of others or to any other existing well from such well will no longer apply. As such, an augmentation plan is required to offset depletions caused by the pumping of all wells in the proposed subdivision. A condition of approval on this permit required the owner to submit a completed Well Abandonment Report to our office; we have not yet received this report. Permit No. 272033 was issued pursuant to CRS 37-92-602(3)(b)(I), and limits the use of the well to monitoring water levels and/or water quality sampling. The submittal included West Divide Water Conservancy District Contract Nos. S070322NTB#2(a) (for 2.18 AF for one dwelling, one acre of irrigation and two domestic animals on Lot 2) and S070322NTB#3(a) (for 2.26 AF for two dwellings, one acre of irrigation and four domestic animals on Lots 3 and 4). The proposed subdivision will require new permits issued pursuant to CRS 37- 90-137(2) and to a water court -approved augmentation plan for both of the existing wells. The Well Construction and Test Report for 174076-A indicates that the well produced 3 gallons per minute on January 23, 2007, Although the Shelton Drilling invoice included with the submittal indicates that the monitoring well (272033) produced 8 gallons per minute, the Well Construction and Test Report for 272033 indicates that the well produced 5 gallons per minute on January 24, 2007. If the additional well has a similar production rate, and with sufficient storage capacity, these wells should provide an adequate supply for the proposed uses. Due to the lack of a water court -approved augmentation plan, the State Engineer finds pursuant to CRS 30-28-136(1)(h)(I) that the proposed domestic water supply will cause material David Pesnichak September 14, 2007 Eagle Ridge Town Homes Page 2 injury to decreed water rights, but is physically adequate. if you or the applicant has any questions concerning this matter, please contact Cynthia Love at this office for assistance. Sincerely, Craig M. Lis, P.E. Water Resources Engineer CMUCJUNorth Bell Ranch.doc cc: Alan Martellaro, Division Engineer, Division 5 Jim Lemon, Water Commissioner, District 39 EXHIBIT September 17, 2007 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Review of Preliminary Plan for North Bell Ranch Subdivision Dear David: A review has been performed of the documents of the Preliminary Plan submittal for North Bell Ranch Subdivision. The package was found to be thorough and well organized. The following comments, questions, or concerns were generated: 1. Driveway access permits may be necessary. Applicant should coordinate with Garfield County Road and Bridge. 2. The Applicant does not discuss what traffic impacts will be, if any. 3. The Applicant will need to provide an agreement for the sharing of the well between Lot 3 and Lot 4. 4. The Applicant proposes three well and gives permits for two. It appears that the third well is an exempt well. However, the criteria for exemption may change after the subdivision process. The Applicant should verify whether or not the exempt well will need to be permitted. 5. The connection to the well of Lots 3 and 4 should be engineered to verify that the operation will correlate with the well sharing agreement. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE BELL CONSULTING, LLC. 230 CR 261 Silt, CO 81652 970-948-3153 September 22, 2007 David Pesnichak Garfield County Building and Planning 108 8th St., Ste 401 Glenwood Springs, CO 81601 RE: North Bell Ranch Preliminary Plan Mr. Pesnichak, The following update is being provided in reference to the staff review of the Preliminary Plan submittal for the proposed North Bell Ranch Subdivision. At this time, your list of reasons for denial is either being addressed as detailed below or have already been addressed, in which case the relevant information is being provided herewith. Inadequate Legal Water Supply - The water supply plan will utilize three wells in existence on the property. The well status and current legal supply of water for the wells are as follows: Lot 1: Existing Well permit # 174076-A; exempt domestic well per S.B.35; tested 3gpm January 25, 2007 Lot 2: Existing Well permit #(applied for); WDWCD #S070322NTB#2(a); pre-existing well adequately serving single family residence Lot 3: Existing Monitoring Well permit #272033 (Residential well permit applied for); WDWCD contract #070322NTB#3(a); tested 8 gpm January 25, 2007 Lot 4: Existing Monitoring Well permit #272033 (Residential well permit applied for); WDWCD contract #070322NTB#3(a); tested 8 gpm January 25, 2007 As noted in your review, the permit for Well #174076-A does note that the prior existing well (now on Lot 2) was to be plugged after completion of the new well in 2007. Instead of plugging the well, a new permit has been applied for (noted above for Lot 2) that is to be covered by the West Divide Water Conservation District contract. I have recently discussed the report from the Division of Water Resources State Engineer's office with Cynthia Love who is with the office of Craig Lis. The position of the State Engineer's office of inadequate legal water supply is due to the subdivision as proposed consisting of 4 lots. The 4 lots make the exempt status of well # 174076-A no longer applicable according to the State. The remedy is to either obtain an additional contract from WDWCD to cover the well or only apply for 3 lots in the subdivision. A contract from the WDWCD will be applied for to provide legal water for well #174076-A. The contract water from WDWCD is a court approved augmentation source and therefore will satisfy the requirements of the State. Lot Configuration - The configuration of the lots are all adequate according to the review except Lot 4. The proposed building envelope for Lot 4 is 17,440 square feet. The envelope as proposed is outside of any irrigation piping with a minimum setback distance of 15 -feet and is set back a minimum of 10 feet from the top edge of any drainage channels. This area is more than adequate for a single family residence. To alleviate the ISDS concerns associated with Lot 4, either the Lot area will be revised to incorporate additional buildable area or an easement will be provided on Lot 1 to accommodate the leach field. Fire Protection - The proposed subdivision was reviewed with the Burning Mountain Fire District Chief Brit Mclin, the results of which were provided to you in a report dated June 25, 2007 from Bell Consulting. The results of the review by Chief Mclin were: 1) it is proposed that all new residential construction have fire sprinkler suppression systems installed 2) a holding tank or series of holding tanks totaling 10,000 gallons is to be provided at a location determined suitable to the Fire District for access (The storage can also be achieved with a raw storage source such as a pond.) Soils/Geology- As noted above, the building envelope as proposed is 17,440 square feet which is more than adequate to accommodate a single family residence. A site specific study will be conducted by Yeh and Associates to assess the capacity to construct on Lot 4. Vegetation/Noxious Weeds - A report has been submitted to Steve Anthony with the Garfield County Vegetation Management department outlining the existing and proposed weed management program for the property. Also included in the report is a discussion of the revegetation practices and soil stabilization process for disturbed areas. It should be noted that very little disturbance is required for the subdivision since existing roads are to be utilized and there is minimal infrastructure required. Lots 1 and 4 as proposed will utilize an existing drive accessing the main farm buildings that already has a culvert in place crossing the drainage. Lot 2 will utilize the existing residence's driveway. Only Lot 3 proposes a new driveway off County Road 261. The only other infrastructure will be power, natural gas and telephone to be trenched into the site from County Road 261. All disturbance as proposed is approximately 3,800 square feet. Please contact me with any questions or concerns you may have. Bell Consulting, LLC. Nathan J. Bel , P.E. 23401 North Bell Ranch Subdivision Page 2 BELL CONSULTING, LLC. 230 CR 261 Silt, CO 81652 970-948-3153 September 21, 2007 Steve Anthony Garfield County Vegetation Management RE: North Bell Ranch Preliminary Plan Mr. Anthony, The following is in response to your memorandum addressing vegetation and noxious weed management for the proposed North Bell Ranch located north of Silt, Colorado. Currently the property consists of an irrigated field, several drainages, non -irrigated areas and a single family residence with several outbuildings. The most numerous noxious weed identified on the property is Russian Knapweed (acoptilon repens) with a scattering of Chicory(cichorium intybus) and Canada Thistle(cirsium arvense) being present. Cheatgrass (bromus tectorum L.) is also present on the property and while not listed as a noxious weed, the County is still attempting to control the spread of this weed. The current program for management of noxious weeds on the site focuses on chemical spraying. Chemical sprays used to control the Russian Knapweed include primarily Milestone and Curtail. The Chicory and Canada Thistle are scattered enough that control has been through spot spraying individual plants with Roundup and Curtail. The Cheatgrass is being controlled through grazing in early spring to reduce plant heights, tillage and mowing of ground and spraying in fall with the chemical spray Plateau. The noxious weed management plan for the subdivision will include the continuation of chemical spraying with grazing where conducive. The subdivision covenants will require annual maintenance of noxious weeds as necessary by the homeowners in conjunction with programs set up by the County. The subdivision of the property is proposed in such a way to take advantage of existing roads to access the majority of the lots. Proposed Lots 1 and 4 will access County Road 233 via the existing ranch drive to the barns and arena. Proposed Lot 2 with the existing residence will continue to utilize the existing access to County Road 261. Proposed Lot 3 is the only one that will have a newly constructed access onto County Road 261. The Lot 3 driveway and a trench for utilities near the new driveway will be the only disturbance associated with the proposed subdivision. The slopes of the new driveway will be incorporated into the landscaping of the residence for Lot 3 since the driveway accesses directly into the building envelope. The slopes and the disturbance from construction of the utilities will be revegetated with a dryland mix provided by either the County or NRCS at an appropriate time after construction of each occurs (see table for areas). If construction occurs during winter or early spring months, revegetation will occur in the spring. If construction occurs during summer months, the revegetation will occur in the fall. This schedule will provide for the greatest success of revegetation efforts. REVEGETATION LOCATION AREA Driveway Slopes 800 s.f. Utility Trench 3000 s.f. As noted above, the soil disturbance due to development of the subdivision is to be minimal. In all instances the topsoil will be removed, stored and replaced on the slopes and disturbed areas upon completion. It is anticipated that the time span of disturbance will be relatively short. Silt fencing will be North Bell Ranch Subdivision Page 1 utilized to reduce transport of sediment from disturbed areas along with hay bale dikes as necessary in concentrated runoff areas. Attached is a vegetation map indicating predominant species and weed locations. Please contact me with any questions at 970-948-3153. Bell Consulting, LLC. Nathan J. Bell' P.E. 23401 North Bell Ranch Subdivision Page 2 Spar e dryland VEGETATION MAP North Bell Ranch VEGETATION LEGEND Irrigated hay field: irrigated consisting of alfalfa and pasture grass (orchard, fescue) mix Drainage: low lying, primarily moist areas with wetlands species including cat tails, and other water species Pinion/juniper: mix of pinyon/juniper species and sage Sage/scrub: sage and greasewood species Sparse dryland: sparsely vegetated Yard: yard area around existing residence including fescue grasses, trees, shrubs WEED INVENTORY The following numbers indicate locatons of concentration in shaded areas. 1) Russian Knapweed (acroptilon repens) 2)Cheatgrass (bromus tectorum L.) The following letters indicate areas of sparse locations. A) Russian Knapweed (acroptilon repens) B) Chicory (cichorium intybus) C) Canada Thistle (cirsium arvense) Weed maintenance is to be through the use of chemical sprays and/or natural control by grazing or ground tillage. BELL CONSULTING, LLC. 230 CR 261 Silt, CO 81652 970-948-3153 June 25, 2007 David Pesnichak Garfield County Building and Planning 108 861 St., Ste 401 Glenwood Springs, CO 81601 RE: North Bell Ranch Preliminary Plan Mr. Pesnichak, HII The following is in reference to your letter dated May 18, 2007. Please find attached copies of additional information for our Preliminary Plan submittal of North Bell Ranch. The information attached is as follows: 1. Updated Preliminary Plan map with names and addresses, vicinity map, lot setbacks, stream setbacks from an intermittent drainage. Also included are the plat notes. (addresses items 1, 3, 6 of your letter) 2. West Divide Water Conservancy District contracts numbered S070322NTB#2(a) and S070322NTB#3(a) to supply water for Lots 2, 3 and 4. Contract number 3(a) includes a copy of well permit number 272032. Lot 1 will utilize the exempt well permit already provided. (addresses items 4 and 5) 3. Grand Junction Laboratories test results on the existing well located on Lot 2 indicating satisfactory water. The required testing for domestic water wells is for Bacteriological contaminants as well as Nitrates and Nitrites. The test results include negative indication for Bacteria, 0.56 mg/1 of Nitrates and 0.00 mg/1 of Nitrites. The allowable limit for Nitrates is 10 mg/I so the results are well below the limits. Given the test results, it is the opinion of this Professional Engineer registered in the State of Colorado and qualified to perform such work that the water to be provided for the subdivision from the domestic wells will be similar in character to the existing well and the myriad of other wells in the area. (addresses item 5D) The area of the proposed subdivision is not prone to radiation hazards above normal background levels. Since radiation is not an issue in this area it was not listed as a concern by the Geotechnical Engineer. (addresses item 2) From discussions with the Burning Mountain Fire District Chief Brit Mclin, we are proposing to require all new residential construction to have fire sprinlder suppression systems installed. A holding tank or series of holding tanks totaling 10,000 gallons will also be provided at a location determined suitable to the Fire District for access. The storage can also be achieved with a raw storage source. (addresses item 7) Please contact me with any questions or concerns you may have. Bell Consulting, LLC. Nathan J. Bell, P.E. 23401 North Bell Ranch Subdivision Page 1 David Pesnichak From: Steve Anthony Sent: Wednesday, September 26, 2007 9:18 AM To: David Pesnichak Subject: North Bell Ranch Page 1 of 1 EXHIBIT Hi Dave Nathan Bell dropped off a vegetation plan for the North Bell Subdivision. He addressed my concerns (see memo 9/7/07) He estimated that the total area disturbed is less than 4000 square feet. Our criteria for requiring a revegetation plan has been if the surface area disturbed is larger then one-half acre (22,000 sq. ft). So everything looks fine to me. Do you need a copy of this letter from Mr. Bell? Steve Anthony Garfield County Vegetation Management Director POB 426 Rifle CO 81650 Office: 970-625-8601 Fax: 970-625-8627 Email: santhony@garfield-county.com 9/26/2007 STA 1 li OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 http://www.water.state.co.us October 3, 2007 David Pesnichak Garfield County Building and Planning Department 108 8th St Ste 401 Glenwood Springs CO 81601 0 9 2007 Re: North Bell Ranch Subdivision Preliminary Plan Section 31, T5S, R91 W, 6th PM W. Division 5, W. District 39 Bill Ritter, Jr. Governor Harris D. Sherman Executive Director (Vacant) State Engineer Dear David: We have reviewed the revised information regarding the above -referenced proposal to subdivide a parcel of approximately 35 acres into three lots with one single-family dwelling on each lot. The applicant proposes to supply water through an existing well to be shared by the three dwellings. Sewage disposal is to be provided through individual systems. No water use estimates were provided. Permit No. 174076-A was issued on January 5, 2007 pursuant to CRS 37-92- 602(3)(b)(II)(A) for the relocation of the only well on a parcel of 35.23 acres, and allows use for ordinary household purposes inside three single-family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. A condition of approval on this permit required the owner, within 90 days of the completion of the new well, to submit a completed Well Abandonment Report to our office for the original well constructed under Permit No. 174076. The Well Construction and Test Report (WCR) submitted for the new well indicates that it was constructed on January 23, 2007, however we have not yet received the abandonment report for the original well. The WCR indicates that the well produced 3 gallons per minute when constructed. With sufficient storage capacity, this well should provide an adequate supply for the proposed uses. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(h)(I), that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains valid well permits, and is physically adequate. If you or the applicant has any questions concerning this matter, please contact me for assistance. Sincere Cy hia J. Love Water Resources Engineer CJL/North Bell Ranch ii.doc cc: Alan Martellaro, Division Engineer, Division 5 Jim Lemon, Water Commissioner, District 39 Burning Mountains Fire Protection District hurningmntsfpd(atmsn.com To: Nathan Bell Re: Application for subdivision aka: North Bell Ranch Mr. Bell: 15 October 2007 EXHIBIT Per your request the Burning Mountains Fire Protection District has the following comments with regard to your proposed subdivision: At this time the Fire Department has no comment or recommendation. At some future time when actual occupancies are proposed, specific requirements for on site water storage, fire department access, and construction type may be imposed. . President, Adria Milton -Baker Vice President, Mary L. Nagger' Secretary, Marc Jaffrey Treasurer, John W. Gredig Director, Bob Thrower Fire Chief, Brit McLin Station #1 Administration PO Box 2 611 Main Street Silt, C081652 (970) 876-5738 Fax (970) 876-2774 Station #2 731 West Main New Castle, CO 81647 (970) 984-3412 Station #3 5255 CR 335 New Caste. CO 81647 (970) 984-3323 BELL CONSULTING, LLC. 230 CR 261 Silt, CO 81652 970-948-3153 June 27, 2007 David Pesnichak Garfield County Building and Planning 108 8th St., Ste 401 Glenwood Springs, CO 81601 EXHIBIT 1 Is RE: North Bell Ranch Preliminary Plan Mr. Pesnichak, This letter is to serve as notification of our agreement to waive the continuance timeframe with the understanding that our next meeting with P&Z is scheduled for October 24, 2007. Bell Consulting, LLC. athan J. Bell, .E. 23401 North Bell Ranch Subdivision Page 1 Burning Mountains Fire Protection District bi�zrzin�cr7zrtsfi�dCtix�.�sn.catn To: Nathan Bell Re: Application for subdivision aka: North Bell Ranch Mr. Bell: 5 December 2007 EXHIBIT Per your request the Burning Mountains Fire Protection District has the following comments with regard to your proposed subdivision: We have discussed and you have agreed to provide at a minimum a 5,000 gallon underground water tank to be located at a mutually agreed upon location at the project, and to record an easement in favor of the Burning Mountains Fire Protection District. I will supply the format for the easement and wish to remind you that there is a cost share grant available through BMFPD that will pay 50% of the project cost up to $7,500.00. President, Adria Milton -Baker Vice President, Mary L. Haggart Secretary, Marc Jaffrey Brit C. McLin, Chief Treasurer, John W. Gredig Director, Bob Thrower Fire Chief, Brit McLin BELL CONSULTING, LLC. 230 CR 261 Silt, CO 81652 970-948-3153 October 29, 2007 David Pesnichak Garfield County Building and Planning 108 8th St., Ste 401 Glenwood Springs, CO 81601 EXHIBIT RE: North Bell Ranch Preliminary Plan Mr. Pesnichak, Per the request by staff and the Planning Commission, I have attached information for the well located on proposed Lot 2 of the North Bell Ranch Subdivision. The first item is a newly issued permit for the well from the Division of Water Resources (66441-F). The second item is the original well pump installation and test report dated 3/14/94 and received by the State April 4, 1994. This report indicates a test was conducted for the well at the time of pump installation at a rate of 8-gpm with a sustained pumping level of 90 -feet. I also conducted a follow-up pump test on October 27, 2007 to verify an adequate supply of water is available at the well. The data for the pump test is attached. The pump test was conducted over a period of 4 -hours at a pumping rate of 6-gpm. The static water level at the initiation of the test was at a depth of 39- ft,2-in with the drawn down leveling out at 42 -ft, 6 -in after 4 -hours of pumping. The well recovered to its initial level within 4 -minutes of the pump being shut down. Please contact me with any questions or concerns you may have. Bell Consulting, LLC. Nathan J. Bell, P.E. 33401 North Bell Ranch Subdivision Page 1 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 NATHAN & TAMARA BELL 230 COUNTY ROAD 261 SILT, CO 81652- EXST WELL PERMIT NUMBER 66441 -F DIV. 5 WD39 DES. BASIN MD Lot: 2 Block: Filing: Subdiv: NORTH BELL RANCH APPROVED WELL LOCATION GARFIELD COUNTY SW 1/4 SW 1/4 Section 31 Township 5 S Range 91 W Sixth P.M. DISTANCES FROM SECTION LINES 900 Ft. from South Section Line 50 Ft. from West Section Line (970) 876-2367 PERMIT TO USE AN EXISTING WELL UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: • ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating groundwater tributary to the Colorado River, on the condition that this well is operated only when the Silt Mesa Substitute Water Supply Plan (based on the filing of case no. 05CW296, Division 5 Water Court), is in effect, and when a water allotment contract between the well owner and the West Divide Water Conservancy District for the release of replacement water is in effect, or under an approved plan for augmentation. This well is accounted for under WDWCD contract #S070322NTB#2(a). 4) Approved as a well on a residential site of 2.1 acre(s) described as lot 2, North Bell Ranch Subdivision, Garfield County. Further identified as 230 County Road 261, Silt, CO 81652. 5) Approved for the use of, an existing well, constructed on March 1, 1994, to a depth of 100 feet, with a pump being installed March 14, 1994, under permit no. 174076 (canceled). Issuance of the permit hereby cancels permit no. 174076. 6) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, the irrigation of not more than one acre (43,560 square feet) of home gardens and lawns, and the watering of two (2) head domestic animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is known as Bell Well no. 2. 7) The pumping rate of this well shall not exceed 15 GPM. 8) The average annual amount of ground water to be appropriated shall not exceed 3.004 acre-foot (978,853 gallons). 9) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 10) This well shall be located not more than 200 feet from the location specified on this permit. 11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. NOTE: Replacement well permit no. 174076- A issued January 5, 2007 and constructed on January 23, 2007, to a depth of 200 feet, is valid and full force and effect. NOTE: Parcel Identification Number (PIN): 23-2125-313-00-141 NOTE: Assessor Tax Schedule Number: R200694 (totaling 35.7 acres) APPROVED DMW State Engineer ,Receipt No. 9502908A DATE ISSUED 10-25-2007 7 By EXPIRATION DATE 10-25-2008 FORM MO. Gus -32 11i90 ' ✓ PUMP INSTALLATION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER Fo ofl►a& u.. only 1 . ;; V ` AF's 0.4'81 ''-. 5:�• t. WELL PERMIT NUMBER 174076 2. OWNER Mailing City, Phone NAME(S) Jim And Laurie Brunner Address 0230 Co Rd 261 5t. Zip S i1 t C o. 81652 ( 303 ) B76-5055 3. WELL LOCATION AS DRILLED; SW 1/4 SW 1/4, Sec. 31 Twp. 5 S , Range 91 W 6th DISTANCES FROM SEC. LINES: 900 h. from South Sec. line. and 50 ft from Wet Sec. line. FIUNG(UNIT) SUBDIVISION: STREET (north a south) r..Z or we. ) LOT BLOCK ADDRESS AT WELL LOCATION: 4. PUMP DATA: Type Submersible Installation Completed 3/14/94 Pump Design Pump ADDITIONAL Manufacturer Goulds Pump Model No. 1UEJU /412 GPM 10 at RPM 775 , HP 3/4 , Votts 230 , Full Load Amps 6.4 Intake Depth 95' Feet; Drop/Column Pipe Size 1" Inches, Kind Sch 80 PVC INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE: ❑ Electric ■ Engine Design Head feet, Number of ❑ Other Stages , Shaft size inches. 5. OTHER EQUIPMENT: . Monitor Tube Installed Depth ft. Airline Flow Meter Installed ❑ Yes III No, Orifice Depth ft. Meter Mfg. R Yes ❑ No, Meter Serial No. Readout ❑ Gallons, IN Thousand Gallons, ■ Acre feet, ❑ Beginning Reading 6. TEST DATA: ❑ Check box If Test data is submitted on Supplemental Form. 3/14/94 Total Static Date Date Well Depth 1d0' Time 2hr Level 44' Rate (QPM) 8 Measured 3/14/94 Pumping LvI. 90 7. DISINFECTION: Type Chlorox Amt. Used 2 Cups 6. Water Quality analysis available. ❑ Yes ❑ No 9. Remarks 10. I have 1Pursuant degree CONTRACTOR Mailing read the statements made herein and know the contents thereof, and that they are true to my knowledge to Section 24.4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury In the secon• and Is punishable as a class 1 misdemeanor.l J & M PUMP CO Phone (303) 945-6159 Lic, No, 1196, Address 0241 Co Rd 167 Glenwood Spgs . Co 81601 Name/Title (Please type or print)Signa Richard A Holub Owner /4104/0(,3/�V� Date ,/ . Client Name: Well Location: Well Depth: Pump Type: Pump Set Depth: No sw/'4 srvA s. ?7,15 -VW ( o i. kids 3/ /79' 9s' Tele: am Depth to Water Pumping Date Time /pm Min Ft Inches Rate Notes /G-27-07 )/:30 qA, 0 3 9 2 6,/,.., te-r 71- rk, Cl7` 6),M 1 .. 1/ 2 3 57 3 L/ 2 4 y0 6 5 y/ 6 6 4.1 7 8 4,. 7 10 Yz 7 12 y2 7 15 92 7 20 y,2 7 30 42 7 40 4t 7 50 1f,2 6 60 4 2 120 y 2 7 180 L/) 6 240 42 6 ,390 recd vers/ *o 3 V.'t i`M _360 v wr i h A e S BELL CONSULTING, LLC. 230 CR 261 Silt, CO 81652 970-948-3153 November 7, 2007 David Pesnichak Garfield County Building and Planning 108 8th St., Ste 401 Glenwood Springs, CO 81601 RE: North Bell Ranch Preliminary Plan Mr. Pesnichak, EXHIBIT Per the requirements of the Planning Commission approval I am attaching an exhibit showing the location for the proposed Fire Storage Tank as well as a Lot 3 site plan indicating areas for a leach field and a backup leach field. I have met with Chief McLin of the Burning Mountain Fire District and we determined a location for the emergency fire tank. He will be providing a letter verifying this as well as indicating that their attorney will be providing languageof r—he Final Plat. The tank will be set at the entrance of the driveway into Lot 3 and an easement for the entire area including the entrance will be dedicated on the Final Plat. The location of the proposed easement is shown on the attached blowup of the Preliminary Plan map. I have also attached a blowup of the Lot 3 proposed building envelope depicting a possible site layout for the residence and leach field. As can be seen on the map, the envelope for Lot 3 is large enough to accommodate a very large residence as well as several locations for leach fields that all meet setback requirements. (Calculations for the leach field size have also been attached.) The building envelope itself is outside of all proposed ditch easements and the 30 -ft drainage setback. Therefore, there should not be any interference with these easements. The only easement proposed within the envelope will be for crossing shallow utilities to Lot 1 which can be avoided as shown on the map. With the size of the primary envelope and its ability to contain not only a residence but also several leach fields if necessary, it does not appear appropriate to break this envelope into portions for a residence and leach fields. I hope that all of the information necessary has now been provided to the County Planning Department. If you need additional information please contact me as soon as possible. Bell Consulting, LLC. ,/,474 athan J. Bell, P.E. 33401 North Bell Ranch Subdivision Page 1 APPENDIX A GARFIELD COUNTY ISDS DESIGN CALCULATIONS Owner's Name Nathan. Bell Parcel ID # 'Lot 3, North Bell Ranch House Size (sq. ft) < :;2400 (75 gpd, 100 gpd, or 130 gpd) 75 Number of Bedrooms in Main House 5 Number of Offices, Libraries, Studies, Similar -sized Rooms in Main House 0 Average Daily Waste Flow 750 gpd State Review Required? no Perc Rate (T)(min/in) Design Flow (Q) _ # potential bedrooms X 2 people/bedroom X gpd X 1.5 Q= 1125 gpd Minimum tank capacity: 1.406 25 gallons Required tank capacity: 1500 gallons Absorption Area (=Q/5 X SQRT perc rate) A = 1125 sq. ft. of absorption area required 73 gravelless chamber units without reduction # of Perc Holes Required: 3 1 in every soil type? Y Spaced uniformly proposed area? _ Y A maximum 50% reduction is allowed for use of deep gravel or gravelless chambered system, only if the lot size and soil conditions are optimal. If a reduction is being proposed, describe why lot size and soil conditions are optimal: Percolation rate is middle of the range with soils allowing adequate capacity A = 562.50 sq.ft. with 50% reductionTRENCHES 675.00 sq ft 40% reduction BED 36 gravelless chamber units with reduction 1 I chamber units with reduc. 57 No. of Quick 4 Units c;,` No. of Quick 4 Units Type of system: []Absorption trenches []Absorption bed [X] Gravelless chambers []Dry well []Seepage Pit []Other (type) SETBACK FROM WELL # of feet = 110 SETBACK FROM POND, STREAM OR IRRIGATION DITCH # of feet = 60 SETBACK FROM DRY GULCH # of feet = 35 Page 1 I� I I'� ( . � _ / _BUILDING ENVELOPE of 10' SETBACK SIDE o' V3 I Soi/s test bare POSSILE BUILDING FOD T1RINT 1500 isf 6.30'710) L LOT 3 (2.15—ac) POSSIBLE PARKING AREA I� BUILDING ENVELOPE . 20' SETBACK FRONT 60' offset from drainage (assuming 5 bedrdoms) • Soils test _ / /// bore i / I /q OQ.O�P pAdditional / test area • — - ---1------: i--� /_ EA ' MENUTILITY TEASEMENT 1 offset from drainage Percolation ,_=P's �r test area BURIED IRRIGATION PIPE with proposed / easement i i / GRAPHIC SCALE IN FEET1 13.13 30 E 13030.01311131 -003V33 33 FM 7 i -- k x NOTE: The layout depicted for the above proposed leach fields are based upon calculations for a 5 bedroom house with a 1500sf footprint and a percolation rate of 25 minutes per inch as measured in the field. The leach field size assumes the use of Infiltrator Quick 4 gravelless chambers in a bed configuration. BELL CONSULTING, LLC. 230 C.R. 261 Silt,Co 81652 970-948-3153 CLIENT Nathan and Tamara Bell 230 County Road 261 Silt, CO 81652 PROJECT North Bell Ranch SHEET TITLE LOT 3 Leach Field Layout r z 0 v Drainage Irrigation Ditch -j 30' setback from drainage 10 -ft US est easement GRAPHIC SCALE IN FEET / f co Irrigation Pipe I 111 1I Easement Area to be dedicated to Fire District for tank installation and access 'propose 4500 go \.tank location r 1.0 I Western Slope_ CO>`JNTY hUA I 3 Gds Co.line NOTE: Fire tank to be a minimum of 4500 gallons located in an easement dedicated for the installation, maintenance and access to the tank. Tank approximate dimensions will be 1 O'xl 5'. BELL CONSULTING, LLC. 230 C.R. 261 Silt,Co 81652 970-948-3153 CLIENT Nathan and Tamara Bell 230 County Road 261 Silt, CO 81652 PROJECT North Bell Ranch SHEET TITLE Proposed Fire District Tank Location SHEET NO. 1 Revision / \