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Home My WebLink About2.0 BOCC Staff Report 08.18.2003• • BOCC — 8/18/03 Regular Meeting TP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: Amended Plat for the Rapids on the Colorado Subdivision APPLICANT(S): Rapids Development Corporation and The Rapids Homeowners Association REPRESENTATIVES: Chris Hale of Mountain Cross Engineering and Lee Leavenworth of Leavenworth and Karp LOCATION: Located approximately one (1) mile southwest of New Castle, north of County Road 335. ZONING: A/R/RD (Agricultural / Residential / Rural Density) I. DESCRIPTION OF THE PROPOSAL: The Applicant is requesting the following modifications to The Rapids on the Colorado Subdivision Final Plat: 1. To relocate the walking trail on the west side of the pond from the top of the bank near the water to the ground level west of the pond. 2. Text modification in Plat Nott, regarding the location of the leach -fields to comply more closely with Garfield County regulations: a) Delete: "Must be located a minimum of 100 feet from the rear building envelopes lines..." b) Add: " Must be located a minimum of 50 feet from stream or water course..." II. APPLICABLITY Pursuant to section 6:00 of the Subdivision Regulations, an amendment may be made to a recorded plat, if such amendment does not increase the number of subdivision lots or dwelling units, result in the major relocation of a road or add new roads. • • The Rapids on the Colorado Subdivision Amended Plat BOCC — 8/18/03 Page 2 III. STAFF COMMENTS Walking Trail: The Applicant is requesting approval to relocate the walking trail on the west side of the pond from the top of the bank near the water to the ground level west of the pond. The Applicant asserted that the relocation of the walking trail will improve the path location and provide improved safety for seniors and children. The Applicant is also requesting a lot line adjustment between the Opeiis' Space and Lots 24, 27 & 28. The Applicant noted that the lot line adjustment adds 10 feet onto the west side of the open space tract and also straightens the south boundary of the open space tract. The Applicant submitted the existing Final Plat (Exhibit A of the application) and an Amended Plat (Exhibit B of the application). It is unclear from the Final Plat and the Amended Plat as to what exactly is being requested with respect to the walking trail relocation. The Amended Plat does however illustrate the proposed lot line adjustment between the Open Space parcel and Lots 24 & 27 to the south of the Open Space parcel and Lot 28, the 2.10 acre parcel to the west. The Open Space Parcel will increase in size from 4.05 acres to 4.24 acres. The lots that are affected by the proposed lot line adjustment will decrease but not less than 2 acres in size. Attached to this memorandum is a Site Plan that was submitted with the Preliminary Plan application illustrating the proposed improvements to the 4.05 acre Open Space parcel (see Exhibit E). There are no elevations contours on the Final Plat and the Open Space site plan to illustrate the concern of the walking trail as initially approved. A revised open space site plan should be submitted so as to keep a record of the request for future benefit. Leach -fields: The Applicant is requesting that the text in Plat Note No. 4 regarding the location of leach -fields be modified. Plat Note No. 4 currently reads, "Leachfaelds for the disposal of treated wastewater must be located a minimum of 100 feet from the rear building envelops lines on Lots 1 through 20 and on Lots 26, 27, 30, 31, 32, and 33 must be located a minimum of 200 feet from all existing domestic water wells." The Applicant is proposing the following text modifications, "Leachfields for the disposal of treated wastewater must be located a minimum of 50 feet from stream or water course on Lots 1 through 20... ". The Applicant is requesting this text modification to permit houses to be located closer to the street and set back from the edge of the floodplain which more closely reflects the Garfield County regulations. • • The Rapids on the Colorado Subdivision Amended Plat BOCC — 8/18/03 Page 3 The Applicant indicated that the Plat Note was scribners' error by the County when approval was granted (See Exhibit A). However, it appears that according to the Resolutions of approval, this condition was imposed upon the Subdivision by the Applicant and not by the County. It appears from the approvals granted by the County pursuant to Resolution Nos. 96-70 and Resolution No. 97-26 (see Exhibits B & D) that the conditions of approval regarding required plat notes were modified from what was actually approved and some plat notes were added by the Applicant outside of what was approved by the County, although there appears to be no issue. There were several conditions that were imposed on the Subdivision by the County related to individual sewage disposal systems (ISDS). These conditions include the following: Resolution No 96-70 (granting Preliminary Plan): 1. Condition No. 9(b) [required plat notes]: Prior to the issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an ISDS design, and a grading and drainage plan prepared and certified by a professional engineer.... " 2. Condition No. 27: That specific building envelopes for the individual sewage disposal systems be designated away from the watercourse of Garfield Creek and the Colorado River for all lots identified within the respective floodplains. 3. Condition 28: That all building envelopes affected by the floodplains of Garfield Creek and the Colorado River shall be elevated above the level of the 100 year floodplain, as a requirement of the Final Plat submittal. 4. Condition 20: Development within the areas identified within the flood fringe of the Colorado River and/or Garfield Creek shall be required to adhere to the conditions of approval for the Floodplain Special Use Permit, conditionally approved on October 7, 1996. Resolution No. 97-26 (Floodplain Special Use Permit): 1. Condition No. 6: The approval of this Special Use Permit shall preclude the necessity of compliance with the followingplat note/condition of approval, proposed for the Rapids on the Colorado Subdivision: Site specific, engineered building foundations and individual sewage disposal system designs shall be subject to individual Floodplain Special Use Permit applications and approval, prior to the issuance of a building permit for any construction identified within the 100 year floodplain of the Colorado River and/or Garfield Creek. 2. Condition 8: That on-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination for them during a 100 year flood event. 3. Condition 9: That prior to issuance of a building permit, the owner of each lot shall • • The Rapids on the Colorado Subdivision Amended Plat BOCC — 8/18/03 Page 4 prepare and submit a soils and foundations report, and ISDS design, and a grading and drainage plan prepared and certified by a professional engineer. ... " In the Staff's memorandum for Preliminary Plan to the Board of County Commissioners dated October, 1996, it was noted that Lots 1 through 20 are impacted by the Colorado River or Garfield County floodplains. It was indicated that the Applicant's engineer had stated that all lots would be capable of meeting all applicable regulations concerning ISDS and building setbacks (see Exhibit C). In addition, Staff's memorandum indicated that pursuant to section 5.05.02 of the Zoning Resolution, a setback of 30 feet, measured horizontally from and perpendicular to the high water mark of a live stream, shall be protected as greenbelt and maintained in conformance with the definition contained in Section 2.02.28 of the Zoning Resolution. Section 5.05.02 of the Zoning Resolution: Live Streams: A setback of thirty (30) feet measured horizontally from and perpendicular to the high water mark on each side of any live stream shall be protected as greenbelt and maintained in conformance with the definition thereof, with the exception of diversion facilities as an accessory to the approved use of the lot. Section 2.02.28 of the Zoning Resolution: Greenbelt: Land retained in an open or unimproved condition, except for agriculture, for the placement of landscape materials, including trees, shrubs and grasses and structures limited to foot paths, bridges, irrigation structures, erosion protection devices and underground utilities, or improved for park use as defined herein; ownership of such land may be private with an easement or reservation for greenbelt use by deed restriction, or it may be dedicated to the public. Designation of greenbelt does not imply provision for access by the public. According to the Garfield County Building and Sanitation Department regulations for sewage disposal system, the following is the required setback of leach -fields to stream and water courses, "Minimum distance of leaching area to a stream or water course: 50 feet". In reviewing the materials in conjunction with the request, Plat Note No. 4 was not imposed by the County as a condition of approval, therefore the request for an Amended Plat to modify this condition is adequate. In addition, pursuant to section 6.09.02(3)(F) of the Zoning Resolution, "new or replacement water supply and sanitary sewage systems shall be designed so as to minimize or eliminate infiltration of floodwaters. On-site individual sewage disposal systems • • The Rapids on the Colorado Subdivision Amended Plat BOCC — 8/18/03 Page 5 shall be located so as to avoid impairment of them or contamination from them during a 100 Year Flood." The Applicant's request is consistent with the required setback requirement for leach -fields in relation to stream and water courses and with section 6.09.02(3)(F) of the Zoning Resolution which indicates that new or replacement ISDS may be located within the floodplain as long as they avoid impairment or contamination during a 100 Year Flood. Staff supports the Applicant's request to modify Plat Note No. as requested. The 100 -year floodplains for the Colorado River and the Garfield County Creek are not delineated on the Final Plat. Staff is of the opinion that the 100 -year flood plain shall be delineated for clarification of their locations. III. STAFF RECOMMENDATIONS: Staff recommends that the Board APPROVE the Rapids on the Colorado Amended Plat application, subject to the following conditions of approval: 1. That all representations of the Applicant, either within the application or stated at the meeting before the Board, shall be considered conditions of approval; 2. The 100 -year floodplain of the Colorado River and Garfield Creek shall be delineated on the Amended Plat. 3. Plat Note 4 shall be modified to read as follows: a. Leach -fields for the disposal of treated wastewater must be located a minimum of 50 feet from stream or water course on Lots 1 through 20 and on Lots 26, 27, 30, 31, 32, and 33 must be located a minimum of 200 feet from all existing domestic water wells. 4. A revised open space site plan illustrating the walking trail relocation shall be submitted prior to recording the Amended Plat for future reference. 5. The plat shall be titled "Amended Final Plat of (subdivision name)". Within 90 days of approval, the Amended Final Plat shall be signed and dated by the County Surveyor, then signed and dated by the Chairman of the Board and recorded in the Clerk and Recorder's Office of Garfield County. The Amended Final Plat shall meet the minimum CRS standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include, at a minimum, the information outlined in Section 5:22 of the Garfield County Subdivision Regulations. • • The Rapids on the Colorado Subdivision Amended Plat BOCC — 8/18/03 Page 6 EXHIBITS A. Letter dated July 21, 2003, from Leavenworth & Karp, P.C. B. Resolution No. 96-70 granting Preliminary Plan approval C. Letter dated September 13, 1996 to the Department Health and Environment from Entrench, Inc. D. Resolution No. 97-26 granting Floodplain Special Use Permit E. Site plan of the 4.05 acres Open Space parcel. LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK JOSLYN V. WOOD* *Of Counsel • LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 lel@lklawfirm.com July 21, 2003 RECEIVED JUL 2 2 2003 GARFIELD COUNTY Ms. Tamara Pregl BUILDING & PLANNING Senior Planner Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Rapids of the Colorado Amended Plat Dear Tamara: • EXHIBIT 4 DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) VIA FAX (384-3470) We have reviewed the contents of your letter of June 12, 2003 as it relates to a proposed Amendment to Plat Note 4 of the Final Plat as it relates to the leachfield setbacks. You indicate in that letter this cannot be done through the amendment process, but that if it is scrivener's error, you would reevaluate the request for this amendment. We contend that Plat Note 4 must be a scrivener's error, since that Note makes no sense as written. If the leachfield setback is measured from the rear building line of the lots in question, the leachfields would be located well into the Colorado River. By referencing the rear building envelope line, the logical assumption is to go north away from that line and the building envelope. We believe that what was intended but not stated correctly is that the setback should conform to the County's Sewage Disposal Regulations, which require a setback of 50 from any stream or water course. We would be happy to add the high water line or the flood plain line to the plat. I believe the high water line is shown on the plat by the arrow demarcations on each side of the lot line, although it is not labeled as such. Likewise, if you would measure 100 feet in the opposite direction toward the front of the lots (from the river as required by the Sewage Disposal Regulations), the leachfields would be located squarely within the building envelopes. Neither of these alternatives is feasible, cannot be what was intended, and must therefore be a simple error in the wording of Plat Note 4. I:\2003\Clients\Rapids\Letters\pregl-1.wpd • • LEAVENWORTH & KARP, P.C. Ms. Tamara Pregl Page 2 July 21, 2003 Please let me know if you need anything further. Thank you for your reconsideration of this request for an amendment of the Final Plat of The Rapids of the Colorado. Very truly yours, LEAVENWORTH & KARP, P.C. LoyLeavenworth LEL: cc: Gene Hilton 1:\2003\Clients\Rapids\Letters\pregl-1. wpd • 499822 B-996 P-665 10/17/1996 04:03P PG 1 OF 7 REC DOC MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 0.00 STATE OF COLORADO )ss County of Garfield NOT At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 14th of October A.D. 19 96 , there were present: Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney Don DeFord Mildred Alsdorf Chuck Deschenes , Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 96-70 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLAN FOR THE RAPIDS ON THE COLORADO SUBDIVISION. WHEREAS, GENE HILTON/RAPIDS ON THE COLORADO, L.L.C., has filed an application with the Board of County Commissioners of Garfield County for approval of a Preliminary Plan for Rapids on the Colorado Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Rapids on the Colorado application and recommended approval to the Board of County Commissioners; WHEREAS, based on the material submitted by the applicant, the recommendation of the Planning Commission and the comments of the Garfield County Planning Department, this Board finds as follows: 1. That proper publication and public notice and posting were provided as required by law for the hearing before the Planning Commission and Board of County Commissioners. 2. That the hearings before the Planning Commission and Board of County Commissioners were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at the hearing. 0` • • 499822 B-996 P-666 10/17/1996 04:03P PG 2 OF 7 3. That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 4. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 5. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield County have been submitted and, in addition, have been found to meet all requirements of the Garfield County Subdivision Regulations. 6. That the Garfield County Planning Commission recommended approval of the Preliminary Plan. 7. That for the above -stated and other reasons, the proposed subdivision is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. That, based on the dynamic nature of this particular proposal, the following modifications to Planning Commission recommendation are required: a) Deletion of plat note 9a; b) Deletion of condition of approval #22; c) Deletion of condition of approval #26; d) Deletion of condition of approval #29; e) Addition of certain other conditions of approval, as contained herein. 9. That no response was received by the Colorado Department of Health regarding the proposed method of waste water treatment, within the time allotted. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of the Rapids on the Colorado Subdivision, for the following described unincorporated area of Garfield County be approved with the following conditions: 1. That all representations of the applicant, either within the application or stated at the public hearings before the Planning Commission shall be considered conditions of approval, unless stated otherwise by the Planning Commission. The Homeowner's Association shall be incorporated in accordance with Colorado Revised Statute requirements. The applicant shall prepare and submit a Subdivision Improvements Agreement addressing all on-site improvements, prior to the submittal of a final plat. 4. The applicants shall submit improvement plans for all roads, bridges, utilities, fire protection, improvements, signage and drainage structures prior to the submittal of the final plat. • • 499822 B-996 P-667 10/17/1996 04:03P PG 3 OF 7 5. That all utilities shall be placed underground and any propane tanks shall be placed underground or otherwise obstructed from view. 6. That all cut slopes created during construction shall be revegetated with native grasses, shrubs and trees with adequate weed control. All revegetation shall be in accordance with the applicant's revegetation plan. Revegetation and landscaping shall be included in the Subdivision Improvements Agreement. In addition, adequate security shall remain in place for a period of two (2) years to guarantee the survival of all plantings. 7 That the applicant shall demonstrate that procedures are established for the maintenance of all roadways and bridges, including snow removal, through the Homeowner's Association. 8. That the applicant shall pay $200, per lot, ($6,600 total) in School Impact Fees prior to the approval of the Final Plat. 9. That the following plat notes shall be included on the Final Plat: a) "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." b) "Prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an I.S.D.S..._design, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such measures, which shall be a condition of the building permit." c) "That all lot owners shall comply with the provisions under which the well permits for the subdivision were approved. Except for Lot 1 and Lot 19, no lot shall irrigate more than 10,000 square feet of land with water from the central, domestic system, and all waste water disposal systems shall have non -evaporative leach fields." d) "Upon adoption of road impact fees by the Board of County Commissioners, the lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant, unless said fees have been paid by the developer. There shall be credit given to the developer for the monetary amount spent on providing the required acceleration and deceleration lanes." e) "Individual lot owners shall be responsible for control of noxious weeds and the Homeowner's Association shall control noxious weeds on all Open Space/Parkland portions." 10. That all well permits be issued prior to final plat, that sufficient water provided through the approved augmentation plan, water rights associated with the wells, together with well • • 499822 B-996 P-668 10/17/1996 04:03P PG 4 OF 7 permits, all physical components of the water system and shares from the Moore Ditch, if any, shall be transferred by the developer to a homeowner's association which shall have the power and the duty to enforce compliance by lot owners with the terms .and conditions of the augmentation plan. Appropriate Protective Covenants shall further require compliance with the terms and conditions of the augmentation plan, the metering of water usage at the individual lot and provisions for drip -irrigation. 11. That the applicants shall prepare and submit protective covenants, articles of incorporation and other Homeowner's Association documents including by-laws will be submitted for review by the County Attorney prior to the approval of the Final Plat. 12. No resubdivision or Accessory Dwelling Units shall be approved for this subdivision that would impinge upon or diminish the services provided for the lots approved herein. 13. That all roadways shall be constructed in accordance with the design standards in effect at the time of submittal of the Final Plat. With the exception of Lot 1, in no event shall an individual driveway have direct access to County Road 335. 14. That the static water level in Rapids Well #2 be monitored and if the static water level falls below 24 feet, a 24-hour pump test and appropriate recharge rate calculations be performed, with all results reported to the Planning Department, through final plat. 15. That adequate easements for wells, waterlines and other attendant facilities and utilities shall be provided on the Final Plat. 16. The applicant shall provide road signage in accordance with the Uniform Manual of Traffic Control. These should be included in the Subdivision Improvements Agreement. 17. Prior to the approval of the Final Plat, the applicant shall submit approved plans (by Colorado Department of Health) for the proposed community water system. 18. That access and utility easements to the proposed water tank shall be shown on the final plat and dedicated to the Homeowner's Association, that the applicant shall receive the necessary permit from County Road and Bridge regarding the crossing of CR 335 with the water/utility line(s) and in no case shall the access road to the water tank be in excess of 14% grade. 19. A finalized boundary line adjustment occur before Final Plat approval for the remaining land not being included in this subdivision. 20. Open hearth, solid fuel fireplaces shall not be allowed within the subdivision. One (1) new, solid -fuel burning stove as defined in C.R.S. 25-7-401, et. seq. 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. • • 499822 B-996 P-669 10/17/1996 04:03P PG 5 OF 7 21. All provisions contained in the Burning Mountains Fire Protection District's letter dated July 10, 1996, shall be adhered to and made part of the Final Plat. 22. All exterior lighting shall be the minimum amount necessary and shall be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 23. That the recording fees for the Final Plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of the Final Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. 24. That the Final Plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 25. Protective covenants shall specify that only one (1) dog is allowed, per lot. 26. Protective covenants shall specify there be no incineration of trash. 27. That specific building envelopes for the individual sewage disposal systems be designated away from the watercourses of Garfield Creek and the Colorado River for all lots identified within the respective floodplains. 28. That all building envelopes affected by the floodplains of Garfield Creek and the Colorado River shall be elevated above the level of the 100 -year floodplain, as a requirement of the Subdivision Improvements Agreement. 29. The developer shall provide specific designs and plans for the development and use of the open space land, for review by the Planning Department, as a requirement of the final plat submittal. 30. Development within the areas identified within the flood fringe of the Colorado River and/or Garfield Creek shall be required to adhere to the conditions of approval for the Floodplain Special Use Permit, conditionally approved on October 7, 1996. 31. That acceleration and deceleration lanes and school bus turnouts shall be provided at both intersections with County Road 335, and shall be developed as part of the Subdivision Improvements Agreement. 32. The developer shall take prudent steps to control dust generation and migration from the site, for the duration of development of the site. 33. All weight restrictions on County roads shall be observed by the developer and all subcontractors. 1110 6 P-670 10/17/1996 04:03P PG 6 OF 7 • 499822 B-99 Dated this 17thday of October ATTEST: Cler of the Board Cler of the Board Upon motion duly` made and seconded the foregoing Resolution was adopted by the following vote. , A.D. 1996 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFTFLD COUNTY, COLORADO Chairman Commissioner Chairman Marian I. Smith Arnold L. Mackley Elmer (Buckey) Arbaney STATE OF COLORADO County of Garfield ) )ss , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners • 499822 B-996 P-671 10/17/1996 04:03P PG 7 OF 7 LEGAL DESCRIPTION A tract of land situated in the 5711/4 of Section 4 and the SEI/4 of Section 5, Township 6 South, Range 91 West of the 6th P.M. described as follows: Beginning at the Southwest Corner of said Section 4; thence N Oe 50' 00" FP 438.10 feet along the West line of said Section 4 and along the Easterly line of that parcel of land described an Book 570 at Page 266 in the Office of the Garfield County Clerk . and Recorder; thence N 750 43' 18" W 101.89 feet; thence N 170 08' 41" W 115.59 feet: thence N 53o 47' 08" A' 177.75 feet to the center of the Colorado River; thence along the center of said river N 23e 43' 15" E 339.10 feet; thence N 230 43' 20" E 310.00 feet; thence N 350 08' 15" E 419.25 feet; thence N 420 56' 13" E 499.62 feet; thence N 55e 01' 47" E 404.40 feet; thence N 710 35' 12" E 503.50 feet; thence h' 84e 15' 20" E 254.99 feet; thence S 810 33' 38" E 244.41 feet; thence S 580 02' 47" E 256.82 feet; thence S 68e 42' 11" E 476.70 feet: thence departing the center of said Colorado River S Oa 29' 34" E 523.50 feet to the Northeast Corner of that parcel described in Book 527 at Page 743 as Reception No. 293881; thence along the boundary of said parcel S 78e 22' 10" W 321.42 feet; thence 5 80 40' 15" E 378.29 feet to a point on the Northerly Right -Of -Way of County Road No. 335; thence along said Right -Of -Way S 780 58' 32" A' 207.05 feet; thence 140.15 feet along a curve to the to the left, having a radius of 1030.00 feet, a central angle of 7o 47' 46"• the chord of which bears S 750 04' 40" W 140.04 feet; thence S 710 10' 47" W 396.23 feet; thence 66.20 feet along the arc of a curve to the left having a central angle of 7o 09' 25" and a radius of 530.00 feet, the chord of rehich beers S 67» 36' 05" W 66.16 feet; thence S 64» 01' 23" W 296.11 feet; thence departing said Right -Of -Way S Oe 14' 42" E 653.78 feet to a point on the South line of said Section 4; thence S 89» 20' 08" FY 1308.98 feet; to the POINT OF BEGINNING,' said described tract containing 97.259 acres, more or less. • ENARTECH Inc. Consulting Engineers and Hydrologists September 13, 1996 Mr. Dwain Watson Colorado Department of Health Water Quality Control Division 222 South 6th Street, Room 232 Grand Junction, CO 81501-2407 RE: The Rapids on The Colorado Subdivision Garfield County Dear Mr. Watson: „MM. Enclosed is a copy of your previous memo to the Garfield County Planning Department regarding wastewater treatment for The Rapids on The Colorado Subdivision located in Garfield County. Your memo raised a number of questions that I will address in this letter. Regarding the construction of individual sewage disposal systems on Lots 1 - 19 (adjacent to the Colorado River), please find enclosed a report by Hepworth-Pawlak Geotechnical, with soil profile logs to a depth of 8 feet and soil percolation tests at 9 locations adjacent to the Colorado River. Groundwater was not encountered within any of the 9 test pits excavated to a ,depth of 8 feet. The results of the soil percolation testing indicate that the site should be suitable for conventional leachfields. There are no unstable river banks on the property; the slope of the river bank is gradual. --ji Regarding the required setbacks to water courses for individual sewage disposal systems (ISDS) on Lots 1 - 19 (and on Lot 20), we have agreed with Garfield County to provide ISDS "building envelopes" on the Final Plat for Lots 1 - 20. These ISDS "building envelopes" will be set back at least 150 feet from the Colorado River and from Garfield Creek. As you know. the required setback distance is 50 feet, so we intend to significantly exceed the standard requirements in this regard. Regarding the construction of ISDS in the flood fringe of the 100 -year floodplain, we have agreed with Garfield County to remove all of the proposed development out of the floodplain, including the construction of buildings and ISD systems. This will be accomplished by locating the building envelopes outside of the floodplain and/or by filling in portions of the flood fringe area to an elevation at least 1 foot above the 100 -year flood elevation to effectively remove these areas from the floodplain. 302 Eighth Street, Suite 325 P.O. Drawer 160 Glenwood Springs, Colorado 81602 (970) 945-2236 Fax (970) 945-2977 Mr. Dwain Watson Page - 2 Regarding the lot sizes on Lots 1 - 19, The Garfield County Zoning Regulations require a minimum lot size of 1 acre for ISDS when water supply is from a central system. Lots 1 - 19 have a minimum lot area of 2 acres including property within the river, an average of 1.41 acres excluding the river property, and minimum lot area of .1.12 acres excluding the river property. All of these lots are of sufficient size for the installation of individual sewage disposal systems. Regarding the utilization of the existing wastewater treatment facility serving the Apple Tree Mobile Home Park, we did contact the owner of this facility to discuss the possibility of obtaining wastewater treatment service for The Rapids development. Please find enclosed a copy of their (negative) response. The Rapids on The Colorado Subdivision recently obtained approval for the Garfield County Planning Commission. One of the conditions of approval was that "the Colorado Department of Public Health and Environment shall provide a favorable response to this subdivision's proposed method of waste water treatment, prior to final approval by the Board of County Commissioners". The project is scheduled for a public hearing before the Board of County Commissioners on October 7th. Please provide your response to Garfield County prior to October 7th for this meeting. Sincerely, ENAR1 ECH, INC. Peter Belau, P.E. PB/jlw Enclosure cc: Eric McCafferty Gene Hilton Scott Balcomb P423-01 (P423_02C)96 LEGEND: • EXPLORATORY PIT 8 PERC HOLE FOR THIS STUDY. O EXPLORATORY PIT @ PERC HOLE FOR PREVIOUS STUDY, JOe N0. 195 217 DATED MAY 12,1995. O 100 200 400 APPROXIMATE SCALE oY FEET \ PIT 10 \ • i • 2 • , • I FLOODPLAIN 1 • j PIT 12 / COL0,940p .41YFp COUNTY ROAD 335 PIT 5 i _ • PIT 14 / - a • O PIT 6 GARF1 CREEK 19 5 217 HEPWORTH-PAWLAK GEOTECHN1CAL, Inc. LOCATION OF PECOLATION TEST }SOLES c I V rte; lC 0 C Fos 1 C (}- Z c 0 • • The Rapids Lots 1 - 19 acheive their acreage by extending lot lines out into the middle of the Colorado River. This practice raises several questions: With required setbacks to water courses, unstable river banks, potential high groundwater in alluvial material, and construction of ISDS in the flood fringe or 100 year flood plain; can all of these issues be resolved in the limited lot sizes left? There is an established wastewater treatment facility serving Apple Tree MHP (Talbot Enterprises) immediately adjacent to this proposal. Has the applicant made any attempt at utilizing the existing infrastructure? Thank -you for allowing us to comment. If you have any questions please do not hesitate to call me at 248-7150. Sincerely, Dwain Watson Water Quality Control Division Colorado Department of Public Health and Environment a • STATE OF COLORADO County of Garfield • RECEIlltED APR 2 )ss ) EXHIBIT At a regular hearing of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the 7th of April A.D. 19 97 , there were present: Marian I. Smith , Conunissioner Chairman John Martin , Commissioner Larry McCown , Commissioner Don DeFord , County Attorney Mildred Alsdorf , Clerk of the Board Chuck Deschenes , County Administrator when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 9 7 -? 6 A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT FOR RAPIDS ON THE COLORADO SUBDIVISION WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received application from Gene Hilton for a Floodplain Special Use Permit to allow the placement of fill material in portions of the flood fringe of the Colorado River and Garfield Creek on the following described tract of land: See Attached: Exhibit A (in the State of Colorado and the County of Garfield); and WHEREAS, the Board held a public hearing on the 7th day of October, 1996, upon the question of whether the above-described Floodplain Special Use Permit should be granted or denied, at which hearing the public and interested persons were given the opportunity to express their opinions regarding the issuance of said Special Use Permit; and WHEREAS, the Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determination of fact: 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 1,101611elle111,!!!!911,111,11111!10!IIII8E1!1,17111111111 4 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that the Floodplain Special Use Permit, be and hereby is authorized permitting the use of the above described tract of land for the placement of fill material in portions of the flood fringe of the Colorado River and Garfield Creek, upon the following specific conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. That the Special Use Permit shall be issued when all conditions of approval are met and shall be subject to adherence to specific conditions to be contained within the Subdivision Improvements Agreement for the Rapids on the Colorado Subdivision. 3. That all placement of fill material shall be in accordance with the engineering specifications for this type of floodplain development. 4. That the compaction of fill material shall be field verified by the developer's engineer, as it is being placed, and the engineer shall provide individual, "as -built" elevation certificates, for each affected lot, upon completion. 5. That approval of this Special Use Permit shall in no way be construed as approval of the Rapids on the Colorado Subdivision, nor shall it obligate the Board of County Commissioners to approve said subdivision. 6. That approval of this Special Use Permit shall preclude the necessity of compliance with the following plat note/condition of approval, proposed for the Rapids on the Colorado Subdivision: Site specific, engineered building foundations and individual sewage disposal system designs shall be subject to individual Floodplain Special Use Permit applications and approval, prior to the issuance of a building permit for any construction identified within the 100 -year floodplains of the Colorado River and/or Garfield Creek. Prior to Final Plat, the developer's engineer shall submit site specific engineered plans for residential development within the flood fringe of the Colorado River and Garfield Creek. Furthermore, all development in these areas shall be consistent with these plans and shall be 111111_11.1 jI1111111111U1 1111 11111 111 uii 1111 • • required to furnish as -built, elevation certificates demonstrating that all construction meets the provisions of Section 6.09 of the Garfield County Zoning Resolution of 1978, as amended, prior to the issuance of a Certificate of Occupancy by the Garfield County Building Department. 7 That the lowest floor, including basement, of any new building designed for residential occupancy shall not be less than one (1) foot above the maximum water elevation of the 100 - year flood as determined by the Garfield County Flood Insurance Study. 8. That on-site individual sewage disposal systems shall be located so as to avoid impairment of them or contamination fro them during a 100 -year flood event. 9. That prior to issuance of a building permit, the owner of each lot shall prepare and submit a soils and foundation report, an I.S.D.S. design, and a grading and drainage plan prepared and certified by a professional engineer. All improvements shall be constructed in accordance with such measures, which shall be a condition of the building permit. 10. That the applicant/developer shall take prudent measures to control dust generation and migration from the site, for the duration of development on the site. Dated -this 8th day of April , A.D. 19 97 ATTEST: Cl rk of the Board GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Commissioner Chairman Marian I. Smith ,Aye Commissioner John F. Martin ,Aye , Aye Commsssioner Larry L McCown 1,111)1,,11),IIIII9117111311!! I iini iii uunui 1111 • • STATE OF COLORADO )ss County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this • day of , A.D. 19 . County Clerk and ex -officio Clerk of the Board of County Conunissioners LLIBIJelle111,!!!!911,111311Iill VIII VIII III VIII 1111 1II LEGAL DESCRIPTION The Rapids of the Colorado LEGAL DESCRIPTION A tract of land situated in the SW1/4 of Section 4 and the SE1/4 of Section 5, Township 6 South, Range 91 West of the 6th P.M. described as follows: Beginning at the Southwest Corner of said Section 4; thence N 0° 50' 00" W 438.10 feet along the West line of said Section 4 and along the Easterly line of that parcel of land described in Book 570 at Page 266 in the Office of the Garfield County Clerk ,and Recorder; thence N 75° 43' 18" W 101.89 feet; thence N 17° 08' 41" W 115.59 feet; thence N 53° 47' 08" W 177.75 feet to the center of the Colorado River; thence along the center of said river N 23° 43' 15" E 339.10 feet; thence N 23° 43' 20" E 310.00 feet; thence N 35° 08' 15" E 419.25 feet; thence N 42° 56' 13" E 499.62 feet: thence N 65° 01' 47" E 404.40 feet thence N 71° 35' 12" E 503.50 feet; thence N 84° 15' 20" E 284.99 feet; thence S 81° 33' 38" E 244.41 feet; thence S 58° 02' 47" E 266.82 feet; thence S 68° 42' 11" E 476.70 feet; thence departing the center of said Colorado River S 0° 29' 34" E 523.50 feet to the Northeast Corner of that parcel described in Book 527 at page 743 as Reception No. 293881; Thence along the boundary of said parcel S 78° 22' 10" W 321.42 feet; thence S 8° 40' 15" E 378.29 feet to a point on the Northerly Right -Of -Way of County Road No. 335; thence along said Right -Of -Way S 78° 58' 32" W 207.05 feet; thence 140.15 feet along a curve to the left, having a radius of 1030.00 feet, a central angle of 7° 47' 46"; the chord of which bears S 75° 04' 40" W 140.04 feet; thence S 71° 10' 47" W 396.23 feet; thence 66.20 feet along the arc of a curve to the left having a central angle of 7' 09' 25" and a radius of 530.00 feet; the chord of which bears S 67° 36' 05° W 66.16 feet; thence S 64° 01' 23" W 296.11 feet; thence departing said Right -Of -Way S 0° 14' 42" E 653.78 feet to a point on the South line of said Section 4; thence S 89° 20' 08" W 1308.98 feet to the POINT OF BEGINNING; said described tract containing 97.269 acres, more or less. 111111 111 111111 11111 111111 11111 11111 111 11111 Il 1111 \10 3/4" YARD HYDRANT WITH 1" WATER SEVICE FROM DOMESTIC WATER MAIN POND OVERFLOW SWALE ,\I�� 1% GRADE, 4:1 SIDE SLOPES o_ 'a GR1 � ADE AROUND THE UPH PREVENT SURFACE DRAINA PICNIC TABLE L SIDE OF THE POND TO E FROM ENTERING POND 23 LRAVEL TRAILS POND INFLOW FROM MOORE DITCH (OR OTHER SOURCE) BY OWNER ENCH BENC \ / J.a\\ y� GRADE AROUND THE UPHLL SIDE OF PREVENT SURFACE DRAINAG ND TO ENTERING POND 1 • tabbies' ¶'V