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HomeMy WebLinkAbout2.0 DD Staff Report 06.23.2017Ludington Minor Subdivision - Exhibits Administrative Review (File MISA-05-17-8534) Applicant is Sarah Ludington June 23, 2017 Exhibit Number Exhibit Description 1 Public Hearing Notice Information Form 2 Receipts from Mailing Notice and Example Notice 3 Garfield County Land Use and Development Code, as amended 4 Garfield County Comprehensive Plan of 2030 5 Application 6 Staff Report 7 Referral Comments from City of Glenwood Springs (dated June 8, 2017) 8 Referral Comments from Colorado Geological Survey (dated June 16, 2017) 9 Referral Comments from Kelly Cave, Garfield County Attorney's Office _dated June 7, 2017) 10 Referral Comments from Garfield County Road & Bridge (dated May 30, 2017) 11 Referral Comments from Michael Erion, Resource Engineering Inc. (dated June 16, 2017) 12 Referral Comments from Steve Anthony, County Vegetation Manager (dated June 15, 2017) Referral Comments from Ron Biggers, Glenwood Springs Fire Department (dated June 19, 2017) 13 14 Referral Comments from Scott Aibner, Garfield County Surveyor (dated June 19, 2017) 15 Applicant Email Regarding Notice, Bruce Barth (dated June 21, 2017) 16 Second Email Regarding Notice, Bruce Barth (dated June 22, 2017) 17 Public Comment (dated June 22, 2017) 18 Public Comment (dated June 22, 2017) 19 Applicant Response to Covenants, Bruce Barth (dated May 24, 2017) M ISA -05-17-8534 Ludington Minor Subdivision TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LEGAL DESCRIPTION PRACTICAL LOCATION PARCEL SIZE WATER/SEWER ACCESS EXISTING ZONING PROJECT INFORMATION AND STAFF COMMENTS Minor Subdivision Sarah Ludington Bruce Barth The site is located in Section 2, T6S, 89W of the 6th p.m and known by Assessor Parcel Numbers 2185- 021-00-060 The property is located at 1558 County Road 129, Glenwood Springs, CO 81601, approximately % mile east of the City of Glenwood Springs 10 Acres No Name Creek Water Association and Onsite Wastewater Treatment Systems Both driveways will access directly onto County Road 129 Residential/Suburban I. DESCRIPTION OF PROPOSAL The Applicant submitted a Minor Subdivision Application with a request to subdivide the existing 10 acre parcel into two separate parcels. A Minor Subdivision Application requires an Administrative Review. The Applicant's request is to subdivide the existing 10 acre parcel into two lots approximately 8.976 acres and 1.019 acres in size. The proposed Lot 2 currently has a developed single family residence, served by an existing onsite wastewater treatment system (OWTS). Proposed Lot 1 is undeveloped and it is anticipated that it will be developed with a single family dwelling unit. The undeveloped parcel will be served by the No Name Creek Water Association, a new OWTS and Glenwood Electric. Access will be directly from County Road 129. The original parcel was created as part of the Weaver Subdivision Exemption. II. LOCATION - SITE DESCRIPTION The site is located east of the City of Glenwood in the No Name area. Adjacent parcels are primarily single family residential, the exception being the United States Forest Service property that borders the parcel to the north. The closest single-family residence is located immediately to the south of the parcel, adjacent to 1 MISA-05-17-8534 Ludington Minor Subdivision the newly proposed undeveloped lot. The site lies directly to the east of County Road 129 and 1-70 is approximately .1 of a mile to the south. The existing parcel is approximately 10 acres and is part of the No Name Creek drainage. The property has limited level areas. Slopes increase substantially from west to east on the parcel. III. AUTHORITY — APPLICABLE REGULATIONS A. Section 5-301 of the Land Use and Development Code (LUDC), designates the division of land that creates no more than 3 parcels, is served by a private well or water supply entity and does not require the extension, construction, or improvement of a County right-of-way, as requiring Administrative Review. B. Section 4-103 of the LUDC sets forth the Administrative Review Procedures by which the current Application is being considered. C. Article 7 of the LUDC sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2, Site Planning and Development Standards in Division 3 and Subdivision Standards and Design Specifications in Division 4. IV. PUBLIC AND REFERRAL COMMENTS 2 MISA-05-17-8534 Ludington Minor Subdivision Public notice as required by the Land Use and Development Code has been completed by the Applicant. Reference Exhibits 1, 2, 15, and 16 for representations made by the Applicant about noticing. Two public comments were received. One, from the property owners to the southwest, across the County Road that was forwarded through the Applicant (Exhibit 17). It stated, "I live across the road from Sarah Ludington and I give full support to her building addition on her property." The Applicant is applying for a Minor Subdivision, with the ultimate goal of building a new single family residence on the newly created parcel. Although the comment isn't accurate as to what the application is concerning, it is correct that ultimately the goal of the Applicant is to build a new single family residence on the newly created parcel. The second public comment was from the adjacent property owners to the south, where the undeveloped new lot is proposed. The comment was forwarded from the Applicant (Exhibit 18) and stated, "We are writing this letter in support of Sarah Ludington's application for her subdivision project." Referral Comments Comments from referral agencies are excerpted below. Full comments are available in exhibits. A. County Road and Bridge, Mike Prehm (see Exhibit 10): The following comments were submitted. - "A Driveway Permit from Garfield County Road & Bridge is required. One of the requirements for a new access is that it needs to have 100 feet separation from any existing driveway. I did not see any distances in the application, thought I might mention it. This will be covered under the Garfield County Road & Bridge Driveway Permit application process." - "Road and Bridge have no other concerns with this proposal." B. Clty of Glenwood Springs, Gretchen Ricehill (see Exhibit 7): The following comments were submitted. - "On behalf of the Department, we have no issues regarding this application." C. Garfield County Attorney's Office, Kelly Cave (see Exhibit 9): The following comments were submitted. "I noted that the garage is built in the setback (page 52 of the online application on the Preliminary plan survey). That will need to become compliant before this can be approved. Otherwise, I have no further issues." D. Colorado Geological Survey, Jill Carlson (see Exhibit 8): The following comments were submitted. - "H -P Kumar's geologic hazards report satisfactorily addresses potential concerns related to rockfall, slope instability, and flooding. As long as the home on proposed Lot 1 is located in accordance with H -P Kumar's Figure 4, and Kumar's recommendations regarding avoiding slopes steeper than 30%, surface grading and drainage, etc., are adhered to, CGS has no objection to approval of the minor subdivision as proposed." "Plat note M satisfactorily addresses potential geotechnical concerns." E. Resource Engineering Inc., Michael Erion (see Exhibit 11): The following comments were submitted. Section 7-104 and 105 Water and Wastewater "Potable water for the project will come from the No Name Creek Water Association Inc. (NNCWA) central community water system. The submittal includes an April 12, 2017 letter from the NNCWA confirming its ability and intention to serve the proposed project. Wastewater will be treated through on [sic] onsite wastewater treatment system (OWTS). 3 M ISA -05-17-8534 Ludington Minor Subdivision The submittal includes an April 6, 2017 letter report from Mountain Cross Engineering, Inc. regarding the feasibility of OWTS for the new one acre parcel. There does not appear to be any technical concerns with water and wastewater service for the project." - Section 7-106 Public Utilities "The existing parcel is currently served by public utilities." - Section 7-107 Access and Roadways "Both parcels would be accessed from CR 129 via an existing driveway for Lot 2 and a new driveway entrance for Lot 1." Section 7-108 Natural Hazards "The February 22, 2017 letter report prepared by H -P Kumar indicates that the site has a low potential for hazards from rock fall and debris flow, and a moderate potential for significant seismic activity. The potential for unstable slopes exist for areas with slopes greater than 30 percent. Development of the site requires site specific geotechnical evaluation prior to construction to ensure that the development is away from steep slopes, cuts and fills don't create slope movement issues and for final design of foundations and retaining walls." 7-203 Protection of Water Bodies "The proposed project is more than 200 feet from the Colorado River and from No Name Creek. There are no identified wetlands in the project area in the submittal." 7-204 Drainage and Erosion "Mountain Cross Engineering, Inc. has developed an appropriate drainage analysis and grading and drainage plan to address drainage and erosion control on the property." 7-205 Environmental Quality "The proposed project does not have any anticipated environmental impacts from construction of a new driveway and house on Lot 1. " - 7-207 Natural and Geologic Hazards "As discussed above, the site has potential hazards from steep slopes greater than 30 percent. A site specific geotechnical analysis and investigation is required for siting of the new house and final design of the project. It may be prudent to develop a building envelope for Lot 1." 7-208 Reclamation "An appropriate landscape plan should be developed to ensure that disturbed areas will be reseeded and/or landscaped. This is also consistent with the drainage and erosion control plan." F. Garfield County Vegetation Manager, Steve Anthony (see Exhibit 12): The following comments were submitted. - "I have no comments on this one" 4 MISA-05-17-8534 Ludington Minor Subdivision G. Glenwood Springs Fire Department, Ron Biggers (see Exhibit 13): The following comments were submitted. - "The address of the property to be subdivided 1558 CR 129, Glenwood Springs, CO is located in an area that is [sic] has a high wildfire rating in our Community Wildfire Protection Plan. Thus when the footprint of the new structure is staked out on the property the fire department shall be contacted to access [sic] if wildfire hazard fuels will need to be mitigated around it. If fuels are required to be mitigated this work shall be done prior to the issuance of the building permit." H. Garfield County Surveyor, Scott Aibner (See Exhibit 14): The following comments were submitted. - "Upon review of the Ludington Subdivision Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting." V. STAFF ANALYSIS Article 7, Division 1: General Approval Standards 7-101: zone District Regulations The proposed minor subdivision demonstrates general conformance with applicable Zone District provisions for the Residential/Suburban zone. The minimum lot size in the Residential -Suburban district is 20,000 sf and both newly created lots will be above this threshold. Both parcels are limited by significant slopes, which moves any buildable area the less sloped portions of the lot closer to the road. Setbacks will be applicable in siting the undeveloped residence because of the restricted nature of buildable area. 7-102: Comprehensive Plan The Comprehensive Plan 2030 Future Land Use Map designates the site as Residential Low, which recommends a density of one dwelling unit per 10 or more acres. The proposed Minor Subdivision and the corresponding development of a single-family residence would create more dwelling units than recommended by the Comprehensive Plan. Excerpt from the Comprehensive Plan LAND USE DESIGNATION DESCRIPTION COMPAnsLE ZONING Residential Low (RL) Agricultural and related uses as well as home occupation uses that can be adequately buffered from adjacent incompatible uses. Density of residential uses: 1 du per 10 acres Rural (R) Planned Unit Development (PUD) In the No Name area, the Comprehensive Plan recommendation for residential density does not match the 5 M ISA -05-17-8534 Ludington Minor Subdivision underlying zoning. The Comprehensive Plan describes compatible zoning uses with the Residential Low designation as Rural and Planned Unit Development and provides a description that states, "Agricultural and related uses as well as home occupation uses that can be adequately buffered from adjacent incompatible uses." This description does not match the current land -use in the No Name Area. There is no ongoing agriculture or uses that need to be buffered beyond current County setbacks from the surrounding parcels, as the dominant use in the area is single family residential. The Residential/Suburban district, which the parcel is currently zoned, is listed as compatible zoning for Residential High in the Comprehensive Plan. Residential High recommends a density of three dwelling units per acre to 1 dwelling unit per less than two acres. The application is in compliance with other goals of the Comprehensive Plan including: Goal 1 Housing "To bring about a range of housing types, costs, and tenancy options, that ensure for our current and future residents affordable housing opportunities in safe, efficient residential structures." The Application states: "The proposed minor subdivision preserves and enhances the livability of the county, allowing the ability for a local resident to construct a small, energy efficient home in a location that has established infrastructure and outdoor amenities while maintaining relatively short commuting distances." The buildable area is limited because of significant slopes on the parcel. This condition means that the new residence will be smaller in size, contributing to the Comprehensive Plan goal of offering a range of housing types. Goal 1 Water and Sewer Services "Ensure the provision of legal, adequate, dependable, cost-effective and environmentally sound sewer and water services for new development." The proposed subdivision will be served by the No Name Creek Water Association, per the submitted will serve letter. This will help ensure the provision of legal, adequate, and dependable water for the new lot. The Applicant has provided an OWTS study to demonstrate that a septic system can be developed on the newly proposed lot. Policy 1 Water and Sewer Services "Development located adjacent to municipalities or sanitation districts with available capacity in their central water/sewer systems will be encouraged to tie into these systems." The proposed subdivision will be served by a central community water system. While the proposed Minor Subdivision does not meet the dwelling unit density recommendations of the Comprehensive Plan, it does meet other Comprehensive Plan goals. With this noted, staff believes that the Minor Subdivision is in general conformance with the Garfield County Comprehensive Plan. 7403: Compatibility The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. The surrounding land uses are single family residential. It meets the minimum lot size requirements for the zone district and other proximate Tots are similar in size. Because of the significant slopes in the area, most residences in the area are built close to the County Road. The newly created lot and residence will be built in a similar location 6 MISA-05-17-8534 Ludington Minor Subdivision as surrounding residences. See the below graphic for an analysis of nearby parcel sizes. Proximate Parcel Acreage 7 MISA-05-17-8534 Ludington Minor Subdivision 7-104 Source of Water The Applicant has provided a will serve letter from the No Name Creek Water Association Inc. The letter states that, "While it does have limited capacity both in the quantity available but also with respect to the physical facilities that are in place, there is currently sufficient water available to serve an additional lot with one dwelling unit." The applicant must purchase two shares from the No Name Creek Water Association. The Applicant has not submitted information about water service to the existing single-family residence. This will be required as a Condition of Approval. 7-105 Waste Water Systems Lot 2 The Applicant has submitted an Individual Sewage Disposal Permit from 2001 (Permit No. 3549), for the already developed residence. Lot 1 The Applicant has supplied an Onsite Wastewater Treatment Report from Mountain Cross Engineering that states, "The purpose of this correspondence is to state our opinion that an onsite wastewater treatment system is feasible for the additional lot proposed as part of the Luddington Minor Subdivision located at 1558 County Road 129, in No Name, Garfield County, CO." The report mentions that previous percolation results of the existing septic system were used, but a soils test will be required prior to obtaining a septic permit to determine if there is bedrock, or if there is a high ground water table. The Applicant has included a proposed plat note that Engineer designed septic systems are required within the subdivision. 7-106: Public Utilities The Applicant proposes to extend electrical service to the newly created lot and has supplied a will serve letter from the City of Glenwood Springs Electric Department. The proposed plat demonstrates that overhead utilities run along the County Road. The Applicant also provided a will serve letter from Black Hills Corporation that states there appears to be adequate facilities with adequate capacity to provide natural gas service to the parcel. To connect to the No Name Creek Water Association Inc. water line, the will serve letter states that the tap connection into the system is the responsibility of the owner of the lot. The Applicant has provided an, "Opinion of Probable Cost of Water Service Construction," with an estimate of $12,660 to connect to the water pipeline. 7-107: Access & Roadways The application was referred to the Garfield County Road and Bridge Department. The referral indicated that the applicant is required to obtain a Driveway Permit from Garfield County Road and Bridge for the new driveway and that there needs to be a separation of at least 100 feet from any existing driveway a condition 8 MISA-05-17-8534 Ludington Minor Subdivision that it appears the applicant will be able to meet. There were not any other concerns from the referral. As a Condition of Approval, the applicant will be required to provide a statement detailing whether the existing driveway meets the standards in Table 7-107. If the driveway is not in conformance, it will need to be upgraded to meet current standards, or the Applicant may apply for a waiver. The new access to Lot 1 will be required to meet County Road Way Standards as a Condition of Approval. 7-108: Natural Hazards The Application identifies steep slopes on the property and includes a Geologic Hazards Review. Key topics addressed by the Geologic Hazards Review included: - The area of potential unstable slopes greater than 30 percent has not been designated as a building area and should be avoided. Flood hazard appears to be low risk because of the incised channel of No Name Creek. - Surface grading and drainage normal for building on slopes should be used to protect the structures from surface runoff - At the proposed alternate building location, the risk of rock fall from the isolated outcrops appears to be low and mitigation does not appear warranted. - Geologic conditions in the project area should not present an unusual risk to the proposed development. The Colorado Geological Survey referral comments state that the geologic hazards report satisfactorily addresses potential concerns related to rock fall, slope instability, and flooding. These comments were given provided that the home on proposed Lot 1 is located in accordance with H -P Kumar's study and that HP Kumar's recommendations regarding avoiding slopes steeper than 30%, surface grading and drainage, etc. are adhered to. With those conditions, Colorado Geological Society notes that they have no objection to approval of the minor subdivision as proposed. 7-109: Fire Protection Comments from the Glenwood Springs Fire Department indicated that the property is located in an area that has a high wildfire rating in the Community Wildfire Protection Plan. The Fire Department requested when the footprint of the new structure is staked on the property, fire department staff shall be contacted to assess what wildfire mitigation is needed around it. Mitigation of any fuels shall be completed prior to building permit. Article 7, Division 2: General Resource Protection Standards 7-201: Agricultural Lands No impact to agricultural uses is anticipated. 7-202: Wildlife Habitat Areas The development of a single-family residence is anticipated on Lot 1. The parcel is surrounded by similar single-family residential development. As such, very little impact to wildlife is expected. The application was referred to Colorado Parks and Wildlife who did not return any comment. A plat note requiring dogs to be kept in a fenced yard or on a leash has been included by the Applicant. 9 M ISA -05-17-8534 Ludington Minor Subdivision 7-203: Protection of Water Bodies The applicant has not represented any waterbodies on the site and none were seen during the site visit. The County's Consulting Engineer also noted that both the Colorado River and No Name Creek were more than 200 feet away from the proposed project. One of the Applicant's engineering reports mentioned an irrigation ditch on the site, however this was clarified by the applicant to be a drainage easement for a neighbor's pool. This drainage easement was confirmed by staff after further research. 7-204: Drainage and Erosion The Application included a Drainage Report from Mountain Cross Engineering. The report stated: "Detention is not proposed since the impervious area is anticipated to be below the threshold requiring it. No drainage structures are proposed rather grading will direct surface flows to maintain historic pattern. There is a certain amount of uncertainty in hydrologic calculations. However, when constructed in accordance with this report and the drainage plan, it is our opinion that the design will safely convey the runoff flows and volume of the 25 -year design storm event for this site and will not cause flooding damage to this or adjacent sites." The County referral engineer stated, "Mountain Cross Engineering, Inc. has developed an appropriate drainage analysis and grading and drainage plan to address drainage and erosion control on the property." Impacts of a single family residence and associated driveway are expected to be below the one -acre threshold required for a State Storm water Permit. Compliance with the Mountain Cross Engineering Drainage Report and recommendations will be required as a Condition of Approval. 7-205 Environmental Quality The County's referral engineer stated, "The proposed project does not have any anticipated environmental impacts from construction of a new driveway and house on Lot 1." Dust control for construction of the new residence should be required along with standard silt fencing and drainage protection for water quality per submitted engineering reports. 7-206: Wildfire Hazards The subject property is identified as High in the Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). In referral comments, the Glenwood Springs Fire Department stated that because of this rating within the CWPP, they would like to be on site after the building footprint is staked to identify any need for wildfire mitigation. Any mitigation would need to be completed before a building permit is issued. See the graphic below for the parcel's Community Wildfire Protection Plan — Wildland Fire Susceptibility Index rating. 10 MISA-05-17-8.5.34 Ludington Minor Subdivision Fire Rating I NR rJ Low 1 Moderate n High I. 1 Very High Community Wildfire Protection Plan — Wildland Fire Susceptibility Index 2185O100UttB 7-207 Natural and Geologic Hazards 2 The Application identifies steep slopes on the property and includes a Geologic Hazards Review. While the review stated that geologic conditions in the project area should not present an unusual risk to the proposed development, it also discussed the necessity to keep any development away from 30% slopes. The Colorado Geological Survey referral comments state that the geologic hazards report satisfactorily addresses potential concerns related to rock fall, slope instability, and flooding. These comments were given provided that the home on proposed Lot 1 is located in accordance with H -P Kumar's footprint locations and that H -P Kumar's recommendations regarding avoiding slopes steeper than 30% surface grading and drainage, etc. are adhered to. With those conditions, Colorado Geological Society notes that they have no objection to approval of the minor subdivision as proposed. The County Referral Engineer stated that, "As discussed above, the site has potential hazards from steep slopes greater than 30 percent. [...] It may be prudent to develop a building envelope for Lot 1." The Applicant addressed steep slopes in the application according to Section 7-207 F. Slope Development: "Steeper slopes on the east side of the proposed subdivided lot will be avoided and slopes of 20% or less at the bottom of the slope will be incorporated to site the proposed buildings." There is a difference between the Applicant's provided narrative and the technical review that was 11 M ISA -05-17-8534 Ludington Minor Subdivision completed for the project, with the Applicant discussing avoidance of slopes over 20% and technical review that discussed avoiding slopes over 30%. Taking into account referral comments, staff feels that slope issues can be adequately addressed so long as the applicant complies with recommendations in the provided engineering reports, creates a building envelope that only includes slopes under 30%, and completes a site specific geotechnical analysis once building locations are finalized. 7-208: Reclamation The application states: "All disturbed areas will be re -seeded with drought tolerant grass seed mixes. The proposed structures are small in footprint and will fit the topography to reduce disturbance to the maximum extent possible. Any disturbed ground will be re-contoured and revegetated and established within the standards of this section." The Referral Engineer Review stated: "An appropriate landscape plan should be developed to ensure that disturbed areas will be reseeded and/or landscaped. This is also consistent with the drainage and erosion control plan." With the applicant's representations and the referral engineer's comments, staff believes it is appropriate to require a revegetation plan of disturbed areas prior to building permit issuance. Article 7, Division 3: Site Planning and Development Standards 7-301: Compatible Design The proposed land use change is generally compatible with the existing character of adjacent uses. 7-302: Off -Street Parking and Loading Standards The Applicant has demonstrated that adequate off-street parking exists for the current residential unit. A preliminary site plan demonstrates that the new single family residence will have space for adequate parking and driveway alignment. 7-303: Landscaping The Land Use Development Code exempts single family dwelling units in Section 7-303. 7-304: Li hg ting All exterior lighting should be downcast and comply with County Standards in Section 7-304 of the Land Use Code. 7-305 Snow Storage Adequate space is available for snow storage. 12 M ISA -05-17-8534 Ludington Minor Subdivision 7-306 Trails No recreational or community facility access areas are proposed. Article 7, Division 4: Subdivision Standards and Design Specifications 7-401 General Subdivision Standards There are no proposed common facilities. Standard plat notes regarding domestic animal control and solid - fuel burning devices/fireplaces shall be included on the plat. 7-402 Subdivision Lots No issues with lot configuration pursuant to this section have been noted. Final Review and approval by the County Attorney's Office of the plat shall be required. 7-403 Survey Monuments Compliance with these requirements will be confirmed through referral of the plat to the County Surveyor's Office. Compliance with any referral comments, corrections, and/or edits required by the County Surveyor should be included as conditions of approval. 7-404 School Land Dedication School Fees Land Dedication fees shall be required in accordance with the Land Use and Development Code. 7-405 Traffic impact Fees Traffic Impact Fees shall be required in accordance with the Land Use and Development Code. Per 7-405 (A)(1), "The County shall collect Road Impact Fees for new development prior to the issuance of a building permit consistent with the adopted fee schedule." VI. ADDITIONAL REVIEW TOPICS Previous Approvals The Weaver Subdivision Exemption, of which this lot is currently a part, has 60 foot setbacks from the County Road on the recorded plat. As demonstrated by the applicant's proposed final plat, the garage of the existing residence is within the 60 -foot setback. The applicant has provided a request in the application that, as part of the proposed Minor Subdivision, the final recorded plat will not include the 60 -foot setback and instead will be subject to existing County setback regulations. If this request is granted, the garage will no longer be located in the setback. Staff has researched and reviewed available information, including Community Development files on the previous Weaver Subdivision Exemption and BOCC minutes, to determine the reason for the 60 -foot setback, and is unable to determine why it is in place. Staff concludes that it is appropriate to record the new Final Plat without the 60 -foot setbacks that are part of the Weaver Subdivision. Instead, the new parcels will be subject to current County 13 MISA-05-17-8534 Ludington Minor Subdivision setback requirements. Covenants During staff review, Recorded Protective Covenants were found for the Weaver Subdivision Exemption. The parcel that is the subject of the application is currently part of Parcel 3 in Weaver Subdivision Exemption. Section V1 (A.) of the Covenants states: A. No buildings or structures shall be placed, altered, erected, or permitted to remain on Parcels 2 and 3 other than: (a) One (1) detached primary single-family dwelling containing a minimum of two thousand, five hundred (2,500) square feet of finished living area as measured on the outside of the building, and excluding porches and garages; and (b) One (1) detached guest or servant house with a minimum of eight hundred (800) square feet, if permitted by then current Garfield County land use regulations; provided, that such house, if permitted by County regulations as aforesaid, shall not be leased or rented, but shall only be used in the literal sense as a guest house or a caretaker or servant residence by persons employed by the Parcel owner on the Parcel itself. The Applicant provided a response to these covenants that was included in the Application. It stated, "We have read the covenants for the Weaver Subdivision (7-22-96). The proposed Ludington Minor Subdivision will maintain one detached single family structure (existing house at 1558 County Road 129) on Parcel 3 as per the previous covenants. No additional units are proposed for +/- 9 acre parcel." The County does not enforce private covenants and no public comments were received regarding this matter. VII. MINOR SUBDIVSION REVIEW CRITERIA Section 5-301(C)(1): It complies with the requirements of the applicable zone district and this Code. Subject to compliance with Conditions of Approval, the application complies with the requirements of the applicable zone district and Standards in Article 7, Divisions 1, 2, 3, and 4. Section 5-301(C).12): It is in general conformance with the Comprehensive Plan. The application is in general conformance with the Comprehensive Plan. See Section 7-102 in this report for staff analysis. Section 5-301(C)(3): Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Subject to compliance with Conditions of Approval, the application complies with this criteria. See Section 7- 104 in this report for staff analysis. Section 5-301(C)(4): Satisfactory evidence of adequate and legal access has been provided. Subject to compliance with Conditions of Approval, the application complies with this criteria. See Section 7- 107 in this report for staff analysis. 14 MISA-05-17-8534 Ludington Minor Subdivision Section 5-3010(5): Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. The Applicant has represented that all easements referenced in the title commitment have been shown. Both parcels will be accessed directly off of the County Road. Section S -301(C)(6): The proposed Subdivision has the ability to provide an adequate sewage disposal system. Evidence that adequate OWTS can be developed or has been developed on each lot has been provided. See Section 7-105 for further staff analysis. Section 5-301(C)(7): Hazards identified on the property such as, but not limited to, fire, flood, steep slopes rockfall and poor soils, shall be mitigated, to the extent practicable. Subject to compliance with Conditions of Approval, the application complies with this criteria. See analysis of Section 7-108, 7-109, 7-206 and Section 7-207 in this report. Section 5-301(C)(8): Information on the estimated probable construction costs and proposed method of financing for roads, water distribution systems, collection systems, storm drainage facilities and other such utilities have been provided. The Applicant has provided evidence of the estimated probable construction costs for water to be provided to the newly developed lot. See 7-106 of this report for further Staff Analysis. Section 5-301(C)(9): All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. A certificate of taxes paid is required on the minor subdivision plat. Section 5-301(C)(10): All fees, including road impact and school land dedication fees, shall be paid. Payment of fees shall be required prior to filing of the plat. Section 5-301(011J: The Final Plat meets the requirements per section 5-402.F., Final Plat. The plat will be subject to final review and approval by the County Surveyor, Community Development and the County Attorney's Office. See Recommendation and Conditions below for Community Development required plat changes. VIII. SUGGESTED FINDINGS AND RECOMMENDATIONS The following suggested findings support Approval of the Ludington Minor Subdivision subject to conditions. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the Director's Decision. 15 M ISA -05-17-8534 Ludington Minor Subdivision a. The Director's Decision review was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were given the opportunity to provide input prior to the decision date. b. That for the above stated and other reasons the proposed Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. c. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 2. That with the adoption of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including Section 5-301 (C) Minor Subdivision Review Criteria. SUGGESTED CONDITIONS OF APPROVAL Conditions Prior to the Signature of the Plat The Applicant has 90 days within which to satisfy applicable conditions of approval and provide the following documentation for BOCC signature and recordation: 1. The Applicant shall include the following text as plat notes on the Minor Subdivision Plat or amend the existing text to conform to following: a. The following plat note shall be added: Prior to issuance of a building permit, a revegetation plan shall be submitted for all areas disturbed during construction. b. The following plat note shall be added: Addresses are to be posted where the driveway intersects the County road. Letters are to be a minimum of 4 inches in height, M inch in width and to contrast with background color. c. The following plat note shall be added: Prior to issuance of a building permit, the property owner shall stake the proposed building envelope and contact Glenwood Springs Fire Department for a site visit to determine potential wildfire mitigation. Any identified mitigation work shall be completed prior to the issuance of a building permit. d. The following plat note shall be added: No further subdivision of the parcels within Ludington Minor Subdivision are permitted by Minor Subdivision, as defined in the Land Use and Development Code of 2013, as amended. e. The following plat note shall be added: If final building locations are on slopes of 20% or greater, a geotechnical engineering study shall be required to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to address any slope issues. The study shall also address how any cuts and fills on the site will not create slope movement issues and shall be used for final retaining 16 MISA-05-17-8534 Ludington Minor Subdivision wall and foundation design. f. The County Commissioners Certificate shall be updated to match current form. g. The Certificate of Dedication and Ownership shall be updated to match current form. 2. The following edits and modification to the minor subdivision plat shall be required: a) The Applicant shall remove the setbacks on the plat from the Weaver Subdivision Exemption Plat. b) The Applicant shall add a building envelope on both parcels that incorporates areas with slopes equal to or less than 30% and areas that meet current County setback requirements according to the Land Use and Development Code of 2013, as amended. c) The Applicant shall include the name and map number of any bordering Subdivisions within 200 feet of the boundary of the plat. d) The Applicant shall provide the Name, Location, and Width of the adjacent right-of-way on the plat. e) The Applicant shall note any covenants /restrictions of the plat. f) Any improvement location information not applicable to the final plat shall be removed, including but not limited to, the footprint of the current residence and the associated driveway. g) The Applicant shall amend any certificates to reflect current requirements in the Garfield County Resource Guide. 3. The Minor Subdivision Plat shall be subject to final review and approval by the County Attorney's Office, Community Development, and the County Surveyor. The Applicant shall submit an updated draft of the proposed plat based on the County Surveyor, Community Development, and Attorney's review with all required corrections including plat notes. Upon final approval by Staff the Mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for signature. 4. Prior to the Board of County Commissioners signature on the plat, the Applicant shall submit applicable recording fees. 5. Prior to the Board of County Commissioners signature on the plat, School Impact Fees shall be calculated and paid. 6. Prior to the Board of County Commissioners signature on the plat, the Applicant shall provide a demonstration of legal, reliable, adequate, physical, and long-term water to the already existing single family residence on Lot Two. 7. Prior to the Board of County Commissioners signature on the plat, the Applicant shall provide a statement detailing whether or not the driveway on Lot Two meets Roadway Standards in Article 7, Table 7-107 of the Garfield County Land Use and Development Code. If the driveway does not meet those standards the applicant may either update the driveway to meet the standards, or submit a waiver 17 MISA-05-17-8534 Ludington Minor Subdivision request from those standards that complies with Garfield County Community Development Policy 0144 Waivers for Roads and Demonstration of Compliance. Other Conditions 8. All representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director's Decision or by the Board of County Commissioners. 9. The Applicant shall comply with all recommendations included in The HP Kumar Geological Hazards Review including but not limited to: a) Surface grading and drainage normal for building on slopes should be used to protect the structures from surface runoff. b) Only slopes less than or equal to 30 percent are being considered for development. c) Final building locations on Lot 1 must be located within the building footprints used in HP Kumar's Geological Hazards Review. 10. The Applicant shall comply with all recommendations in the Mountain Cross Engineering Drainage Report. 11. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 12. The property owner of Lot One shall obtain an Onsite Wastewater Treatment System (OWTS) permit from the County at the time of building permit. 13. The property owner of Lot One shall obtain any necessary driveway permits from Road and Bridge and conduct all required improvements to the access at the time of building permit. 14. The property owner of Lot One shall construct the new driveway to meet the minimum dimensional standards identified in Section 7-107 of the Land Use and Development Code of 2013, as amended, at the time of building permit. 18 MISA-05-17-8534 Ludington Minor Subdivision 19 M ISA -05-17-8534 Ludington Minor Subdivision 20 MISA-05-17-8534 Ludington Minor Subdivision Drainage Easement • 11..V,W11 arb,...,VIISIML156111122.Mgile&P •• .•" 21 M ISA -05-17-8534 Ludington Minor Subdivision Existing Driveway a�eesnem� :�►�raa ra.: 22 MISA-05-17-8534 Ludington Minor Subdivision Existing Residence • - - • • . . • • ---t" • ' • - •. • ' • • - . - • . • • • • .. . • • • - • - • • • • ' - • • .: 23 MISA-05-17-8534 Ludington Minor Subdivision 24 M ISA -05-17-8534 Ludington Minor Subdivision Proposed Driveway from County Road wr amca Er.. x crEi fry 25 M ISA -05-17-8534 Ludington Minor Subdivision 26 MISA-05-17-8534 Ludington Minor Subdivision View from Proposed Lot 1 Building Area r. 41 sal 27 MISA-05-17-8534 Ludington Minor Subdivision Proposed Lot 1 Building Area rr !r�u► . ,. 1 28 Garfield County1elT EXH PUBLIC HEARING NOTICE INFORMATION Z Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the CO day of (D , 201 . All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. f)e) All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. ❑ My application required Published notice. Notice was published on the day of • Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 20 . , 20 Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: fpcue..€. 64,c� Signature: Date: C9/19/ 17 EXHIBIT U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mall Only For delivery information, visit oui website at wwwusps,cont'. on: rirRivcip 61)1 Certified MnU Pie $Z.72,5 5 • trn ca► JAos fudge.* box. odd ha ❑ Return Receipt (hardcopy) $ 0 Return Receipt (electronic) $ ❑ Cerlllled Mall Restricted Delivery $ ❑ Adult Signature Required $ ❑Adak Signature Restricted Delivery $ fzasitrope l] . 4 9 oW vee Se"I. 4,1 dOtociI W.-WA- irriALTAul.MEo. or 6� OZ.' 0 Postmark UN06r`O7 o. 2 8160 CA 8 PS Form 3000, April 2015 PSN 7530-02.06-9047 0 M1 -i For delivery, fnfarmellon, visit our website et tvtvW.us s. w r�i 1-1 GLEl�tr OD. 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Fe gOrv![vu6 f'CG6 &+,ecx tiny nett raa N,r r`:Y�l ❑ Rarurn 7h,ger ,1 (lrarc;.apY] ❑ Return Rocelpl (oloclrordc)$ - Cowart Mau Roswami Doevay $ ❑Adldl Slpnannn Required $ CiMulP 5lgneturc Raab -kW DNlxety $ l'o l[MO $0.49 rotAl PostllV8 tlnd -nos $5..9 7 Op Ser n .,. a 7, fn, fey+ae"r•�-•-.�Zq wn ori • PS Form 3800, April 2015 P5 ~� r 7y,..,-o2-0oa90n7 See Reverse for Instructions LEGAL DESCRIPTION TO BE ATTACHED BY THE APPLICANT VICINITY MAP TO BE ATTACHED BY THE APPLICANT PUBLIC NOTICE TAKE NOTICE that Sarah Ludington, has applied to the Community Development Department Director, Garfield County, State of Colorado, to request an Administrative Review for a Minor Subdivision, known as the Ludington Minor Subdivision, in the County of Garfield, State of Colorado; to -wit: Legal Description: Practical Description: Description of Request: Vicinity Map: The property is located at 1558 County Road 129, Glenwood Springs, CO 81601, approximately % of a mile east of the City of Glenwood Springs. The site is located in Section 2, T6S, R89W of the 6th p.m and known by Assessor Parcel Numbers 2185-021-00-060. The Applicant is requesting a minor subdivision to divide the existing approximately 10 acre parcel into two Tots approximately 8.976 acres and 1.019 acres in size. The lots will be served by the No Name Creek Water Association, and onsite waste water treatment systems. Access will be off of County Road 129. Additionally, the applicant is requesting that the new plat be subject to existing County setback regulations and not the setbacks currently on the Weaver Subdivision Exemption Plat. The Property is zoned Residential/Suburban. The File No. is MISA-05-17-8534. All persons affected by the proposed Minor Subdivision are invited to comment regarding the application. You may state your views by letter or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development Department located at 108 8th Street, Suite 401, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. Alternatively, the application can be viewed at http://records.garfieid- countv.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch (Search for File No. MISA-05-17-8534). The Director will make a decision on this application on Friday June 23, 2017. Any comments to be considered must be received prior to that date. Community Development Department Garfield County Vicinity Map: April 15, 2017 B. LEGAL DESCRIPTION Section: 2 Township: 6 Range: 89 A TR IN LOT 2 SEC 2 Parcel ID# - 218502100060 Patrick Waller From: Gretchen E Ricehill <gretchen.ricehill@cogs.us> Sent: Thursday, June 08, 2017 2:03 PM To: Patrick Waller Subject: RE: Referral Request-Luddington Patrick Thank you for referring the Luddington Minor Subdivision application for City of Glenwood Springs, Community Development Department review and comment. On behalf of the Department, we have no issues regarding this application. Sincerely, Gretchen Ricehill Asst. Director Economic and Community Development Dept. From: Patrick Waller [mailto:pwaller@garfield-county.com] Sent: Friday, May 26, 2017 12:50 PM To: Wyatt Keesbery <wkeesbery@garfield-county.com>; Kelly Cave <kcave@garfield-county.com>; Steve Anthony <santhony@garfield-county.com>; Morgan Hill <mhill@garfield-county.com>; saibner@comcast.net; megan.sullivan@state.co.us; carlson@mines.edu; daniel.roussin@state.co.us; scott.hoyer@state.co.us; taylor.elm@state.co.us; jkirschvink@fs.fed.us; Gretchen E Ricehill <gretchen.ricehill@cogs.us>; merion@resource- eng.com; Ron Biggers <ron.biggers@cogs.us>; matt.raper@blackhillscorp.com; Robin Millyard <robin.millyard@cogs.us> Subject: Referral Request Good Afternoon, Garfield County Community Development is requesting referral comments for the Ludington Minor Subdivision Application located at 1558 County Road 129, Glenwood Springs, CO 81601. The File Number is MISA-05-17-8534. See the attached sheet for information on accessing the file. Please email any comments or responses to me by Friday, June 16tH Thank you and have a nice weekend, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.garfield-county.com/community-development/ 1 COLORADO GEOLOGICAL SURVEY 1801 19th Street Golden, Colorado 80401 June 16, 2017 EXHIBIT , Patrick Waller Location: Garfield County Community Development Lot 2, Section 2, 108 8th Street, Suite 401 T6S, R89W, 6th P.M. Glenwood Springs, CO 81601 39.563, -107.2924 Karen Berry State Geologist Subject: Ludington Minor Subdivision File Number M1SA-05-17-8534; Garfield County, CO; CGS Unioue No. GA -17-0009 Dear Mr. Waller: Colorado Geological Survey has reviewed the Ludington minor subdivision referral. I understand the applicant proposes two lots on ten acres located at 1559 County Road 129, No Name. Proposed Lot 1, 1.019 acre, is mostly vacant. Proposed Lot 2, 8.976 acres, contains an existing home, septic system, and most of a shed (to be relocated). The referral documents include a preliminary plat (SurvCo, Inc., April 28, 2017), a Geologic Hazards Review, Parcel 3, Weaver Subdivision Exemption, Proposed Ludington Accessory Dwelling Unit, Alternate Location, 1558 County Road 129, No Name (H -P Kumar, February 22, 2017), and other documents. H -P Kumar's geologic hazards report satisfactorily addresses potential concerns related to rockfall, slope instability, and flooding. As long as the home on proposed Lot 1 is located in accordance with H -P Kumar's Figure 4, and Kumar's recommendations regarding avoiding slopes steeper than 30%, surface grading and drainage, etc., are adhered to, CGS has no objection to approval of the minor subdivision as proposed. Plat note M satisfactorily addresses potential geotechnical concerns. Thank you for the opportunity to review and comment on this project. If you have questions or need further review, please call me at (303) 384-2643, or email carlson@mines.edu. Jill arlson, C.E.G. Engineering Geologist GA -17-0009_1 Ludington Minor Subdivision 12:19 PM, 06/16/2017 Patrick Waller From: Kelly Cave Sent: Wednesday, June 07, 2017 2:44 PM To: Patrick Waller Subject: RE: Ludington Subdivision MISA 05-17-8534 Hi Patrick—I reviewed the application online. I noted that the garage is built in the setback (page 52 of the online application on the Preliminary plan survey). That will need to become compliant before this can be approved. Otherwise, 1 have no further issues. Thanks, Kelly Cave Assistant Garfield County Attorney Telephone: (970) 945-9150, ext. 1735 Email: kcave@garfield-county.com From: Kelly Cave Sent: Friday, May 19, 2017 3:19 PM To: Patrick Waller <pwaller@garfield-county.com> Subject: RE: Ludington Subdivision MISA 05-17-8534 Hi Patrick—I reviewed the supplemental information. 200 foot notice—complete. Mineral notice—complete. Kelly Cave Assistant Garfield County Attorney Telephone: (970) 945-9150, ext. 1735 Email: kcave@garfield-county.corn From: Kelly Cave Sent: Friday, May 05, 2017 11:30 AM To: Patrick Waller <pwaller@garfield-county.com> Subject: Ludington Subdivision MISA 05-17-8534 Hi Patrick, I reviewed the above application regarding the following: 1 Ownership—complete. Title commitment showing ownership is provided. Authority—complete. 200 foot notice—incomplete. No names or addresses provided. Mineral owner notice—incomplete. No names or addresses provided. Applicant also needs to describe how mineral right ownership was researched. Access—just questioned if they have or will have driveway permits from road and bridge? Other—I did not find Bruce's answers too thorough on the standards. Very minimal. Also, did he answer the 11 criteria needed under 5-301? Was the pre -application updated? I think this might be out of date (updated 11/23/16). The pre -app mentioned steep slopes. The Weaver Exemption plat has slope designations. Building envelopes were suggested in the pre -app, but I do not see them on the minor subdivision. I would try to keep as much info from the exemption plat on the new subdivision plat for consistency. I like to ask the applicant to reference the title work (including policy number) and state that all easements in the commitment are shown on the plat. Also, there is a shed that needs to be removed because it crosses the boundary of the proposed lots (probably address it later as a condition of approval). Please let me know if you wish to discuss anything further. Thanks, Kelly Cave Assistant Garfield County Attorney 108 8th Street, Suite 219 Glenwood Springs, CO 81601 Telephone: (970) 945-9150, ext. 1735 Fax: (970) 384-5005 Email: kcave@garfield-county.com 2 EXHIBIT t0 4E: Garfield County Road Bridge May 30, 2017 Re: Ludington Minor Subdivision 1558 County Road 129 Glenwood Springs, Co. 81601 Patrick, A Driveway Permit from Garfield County Road & Bridge is required. One of the requirements for a new access is that it needs to have 100 feet separation from any existing driveway. I did not see any distances in the application, thought I might mention it. This will be covered under the Garfield County Road & Bridge Driveway Permit application process. Road and Bridge have no other concerns with this proposal. Thanks for giving us the opportunity to review this application. If you have any questions please contact me. Sincerely Mike Prehm Garfield County R&B (970) 625-8601 Office (970) 625-8627 Fax (970) 618-7109 Cell :::::RESOURCE .•.•. ■..■e MINE1111111ENGINEERING I N C. Patrick Waller, Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs CO 81601 RE: Ludington Minor Subdivision Review File No. MISA-05-17-8534 Dear Patrick: EXHIBIT June 16, 2017 At the request of Garfield County (GARCO), Resource Engineering, Inc. (RESOURCE) reviewed the land use application of Sara Ludington for the proposed Ludington Minor Subdivision project. The proposed subdivision would split the existing 10 acre parcel located at 1558 CR 129, Glenwood Springs into a 9 acre parcel for an existing single family house and a one acre parcel for a new single family 29 house. The submittal includes documents provided with a letter and application from Red House Architecture dated April 15, 2017. RESOURCE's review includes applicable technical criteria and standards in Article 4-104, 4- 201, 4-203, and Article 7 of the GARCO Land Use and Development Code (LUDC). RESOURCE's comments are presented below. Section 7-104 and 105 Water & Wastewater Potable water for the project will come from the No Name Creek Water Association Inc. (NNCWA) central community water system. The submittal includes an April 12, 2017 letter from the NNCWA confirming its ability and intention to serve the proposed project. Wastewater will be treated through on onsite wastewater treatment system (OWTS). The submittal includes an April 6, 2017 letter report from Mountain Cross Engineering, Inc. regarding the feasibility of OWTS for the new one acre parcel. There does not appear to be any technical concerns with water and wastewater service for the project. Section 7-106 Public Utilities The existing parcel is currently served by public utilities. Section 7-107 Access and Roadways Both parcels would be accessed from CR 129 via an existing driveway for Lot 2 and a new driveway entrance for Lot 1. Section 7-108 Natural Hazards The February 22, 2017 letter report prepared by H -P Kumar indicates that the site has a low potential for hazards from rock fall and debris flow, and a moderate potential for significant seismic activity. The potential for unstable slopes exist for areas with slopes greater than 30 Consulting Engineers and Hydrologists 909 Colorado Avenue Glenwood Springs, CO 81601 s (970) 945-6777 Lao Fax (970)945-1137 Patrick Waller, Senior Planner Garfield County Community Development Department Page 2 June 16, 2017 percent. Development of the site requires site specific geotechnical evaluation prior to construction to ensure that that the development is away from steep slopes, cuts and fills don't create slope movement issues and for final design of foundations and retaining walls. 7-203 Protection of Water Bodies The proposed project is more than 200 feet from the Colorado River and from No Name Creek. There are no identified wetlands in the project area in the submittal. 7-204 Drainage and Erosion Mountain Cross Engineering, Inc. has developed an appropriate drainage analysis and grading and drainage plan to address drainage and erosion control on the property. 7-205 Environmental Quality The proposed project does not have any anticipated environmental impacts from construction of a new driveway and house on Lot 1. 7-207 Natural and Geologic Hazards As discussed above, the site has potential hazards from steep slopes greater than 30 percent. A site specific geotechnical analysis and investigation is required for siting of the new house and final design of the project. It may be prudent to develop a building envelope for Lot 1. 7-208 Reclamation An appropriate landscape plan should be developed to ensure that disturbed areas will be reseeded and/or landscaped. This is also consistent with the drainage and erosion control plan. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J`Erion, P.E. Water Resources Engineer MJE/mmm 885-89.0 eelle RESOURCE Patrick Waller From: Steve Anthony Sent: Thursday, June 15, 2017 5:33 PM To: Patrick Waller Subject: RE: Referral Request Ludington MISA-05-17-8534 Hi Patrick I have no comments on this one,. Regards, Steve Steve Anthony Vegetation Manager Garfield County 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: (970) 945-1377 Ext. 4305 Email: santhony@garfield-county.com EXHIBIT 12, From: Patrick Waller Sent: Friday, May 26, 2017 12:50 PM To: Wyatt Keesbery; Kelly Cave; Steve Anthony; Morgan Hill; saibner@comcast.net; megan.sullivan@state.co.us; carlson@mines.edu; daniel.roussin@state.co.us; scott.hoyer@state.co.us; taylor.elm@state.co.us; jkirschvink@fs.fed.us; gretchen.ricehill@cogs.us; merion@resource-eng.com; rbiggers@ci.glenwood-springs.co.us; matt.raper@blackhillscorp.com; robin.millyard@cogs.us Subject: Referral Request Good Afternoon, Garfield County Community Development is requesting referral comments for the Ludington Minor Subdivision Application located at 1558 County Road 129, Glenwood Springs, CO 81601. The File Number is MISA-05-17-8534. See the attached sheet for information on accessing the file. Please email any comments or responses to me by Friday, June 16tH Thank you and have a nice weekend, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 1 (970) 945-1377 ext. 1580 pwalter@garfield-county.com http://www.garfield-county.com/community-development/ 2 Patrick Waller From: Ron Biggers <ron.biggers@cogs.us> Sent: Monday, June 19, 2017 11:14 AM To: Patrick Waller Subject: RE: Referral Request Patrick, Glenwood springs fire Department Comments on file number MISA-05-17-8534; EXHIBIT The address of the property to be subdivided 1558 CR 129, Glenwood Springs, Co is located in an area that is has a high wildfire rating in our Community Wildfire Protection Plan. Thus when the footprint of the new structure is staked out on the property the fire department staff shall be contacted to access if wildfire hazard fuels will need to be mitigated around it. If fuels are required to be mitigated this work shall be done prior to the issuance of the building permit. Ron Biggers Deputy Fire Marshal Glenwood Springs Fire Department Fire Sprinklers Save Lives!!! 970-384-6433 Disclaimer: This email message and all attachments are for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Content cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required, please request a hard -copy version. From: Patrick Waller [mailto:pwaller@garfield-county.com] Sent: Friday, June 16, 2017 2:10 PM To: Ron Biggers <ron.biggers@cogs.us> Subject: FW: Referral Request Hi Ron, I am a new Planner with Garfield County. Just following-up on this referral request to confirm if you have any comment. Have a great weekend, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-countv.com 1 http:Jlwww.garfield-county.comlcom m unity -development/ From: Patrick Waller Sent: Friday, May 26, 2017 12:50 PM To: Wyatt Keesbery<wkeesbery@garfield-countv•com>; Kelly Cave <kcave@garfield-county.com>; Steve Anthony <santhonv@garfield-courity.com>; Morgan Hill<mhillPgarfield-county.com>;'saibner@comcast.net' <saibner@comcast.net>;'megan.sullivan@state.co.us' <megan.sullivan@state.co.us>;'carlson@mines.edu' <carlson@mines.edu>; 'daniel.roussin@state.co.us' <daniel.roussin@state.co.us>; 'scott.hoyer@state.co.us' <scott.hover@state.co.us>; 'taylor.elm@state.co.us' <tavior.elm@state.co.us>; 'jkirschvink@fs.fed.us' <ikirschvink@ts.fed.us>; 'gretchen.ricehill@cogs.us'<gretchen.ricehill@cogs.us>; 'merion@resource-eng.com' <merion @ resource-eng.com>; 'rbiggers@ci.glenwood-springs.co.us' <rbiggers@ci.glenwocd-springs.co.us>; 'matt.raper@blackhillscorp.com' <matt.raper@biackhillscorp.com>;'robin.millyard@cogs.us' <robin.millyard@cogs.us> Subject: Referral Request Good Afternoon, Garfield County Community Development is requesting referral comments for the Ludington Minor Subdivision Application located at 1558 County Road 129, Glenwood Springs, CO 81601. The File Number is MISA-05-17-8534. See the attached sheet for information on accessing the file. Please email any comments or responses to me by Friday, June 16tH Thank you and have a nice weekend, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http:/Jwww.garfield-county.comlcommunity-development/ 2 To: Samuel Phelps — SurvCo, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Ludington Subdivision Date: 06/19/2017 Sam, EXHIBIT 1 14 Garfield County SURVEYOR SCOTT AIBNER, P.L.S Upon review of the Ludington Subdivision Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Patrick Waller — Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom .F iss Patrick Waller From: Bruce Barth <bruce@redhousearchitecture.com> Sent: Wednesday, June 21, 2017 10:21 AM To: Patrick Waller Subject: Re: List of Neighbors EXHIBIT 1 i5 Patrick - I sent (electronic certified) a public notice to everyone on the list of neighboring properties that was part of the application. There is one duplicate (Brubaker) with the same mailing address so I only sent them one notice. I am on the east coast right now so I cannot decipher how the addresses are obvious on the Post Office receipts. I hope this suffices, please let me know and I will also follow up with the Post Office when I am back in town. Regards, Bruce Barth/Red House Architecture ---- On Tue, 20 Jun 2017 15:11:16 -0700 Patrick Waller <pwaller@garfield-county.com> wrote ---- Bruce, Below is the list of neighbors provided in your application. Also, please have your office deliver the form and certified mail receipts to me once I receive your email. Thanks and let me know if you have any questions, 1 April 15, 2017 R. LIST OF NEIGHBORS Garfield County Land Explorer Parcel Physical Address Owner Account Num Mailing Address 211732300005 211734400952 218502100003 218502100004 218502100005 218502100006 218502100007 218502100008 218502100059 218502100060 218502100062 218502100063 Patrick Waller Senior Planner 1774140 NAME LN GLENWOOD SPRINGS GLENWOOD SPRINGS 1719 129 COUNTY RD GLENWOOD SPRINGS 1717 129 COUNTY RD GLENWOOD SPRINGS 1555 129 COUNTY RD GLENWOOD SPRINGS 1517 NO NAME LN GLENWOOD SPRINGS 1489 129 COUNTY RD GLENWOOD SPRINGS 1475 129 COUNTY RD GLENWOOD SPRINGS 1474129 COUNTY RD GLENWOOD SPRINGS 1558 129 COUNTY RD GLENWOOD SPRINGS 89 LONG DR GLENWOOD SPRINGS 557836& 24HWY GLENWOOD SPRINGS Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 2 PLIZGA, CRAIG WHITE RIVER NATIONAL FOREST PLATT, TERESA LYN TOMASSO, GERARD I R040051 R040343 R040153 R040142 CARVER, STEVEN R & R040032 APRIL L HAHN, ROBYN J R040139 REED, DALE F R040115 HELPING STONE R040157 PROPERTIES, LLC GRENKO, TONI ANN R040360 LUDINGTON, SARAH R040361 BRUBAKER, BRYAN J R005281 &KRYSTA L BRUBAKER, BRYAN J R005282 & KRYSTA L 1774 NO NAME LANE GLENWOOD SPRINGS CO 81601 PO BOX 948 GLENWOOD SPRINGS CO 81602 1719 NO NAME LANE GLENWOOD SPRINGS CO 81601- 9749 1717 COUNTY ROAD 129 GLENWOOD SPRINGS CO 81601- 9749 PO BOX 2021 GLENWOOD SPRINGS CO 81602 10496 POTTERSHOP ROAD CENTERVILLE IN 47330 1489 NO NAME LANE GLENWOOD SPRINGS CO 81601 18425 SUNBURST DRIVE MONUMENT CO 80132 1474 NO NAME LANE GLENWOOD SPRINGS CO 81601 1558 COUNTY ROAD 129 GLENWOOD SPRINGS CO 81601 89 LONG DRIVE GLENWOOD SPRINGS CO 81601-8749 89 LONG DRIVE GLENWOOD SPRINGS CO 81601 Patrick Waller From: Bruce Barth <bruce@redhousearchitecture.com> Sent: Thursday, June 22, 2017 5:20 AM To: Patrick Waller Subject: Re: Notice Pat - The addresses on the electronic return receipts are the addresses to which the certified notices were sent. The Post Office confirmed thgat these were the addresses. In addition, on separate pieces of paper, the legal description and vicinity map were included in the mailing. Regards, Bruce Barth ---- On Wed, 21 Jun 2017 16:43:16 -0700 Patrick Waller <pwaller@garfield-county.com> wrote ---- Bruce, As a follow-up to the past email and phone calls. The last thing I need from you before I present the notice to the Community Development Director tomorrow is and email stating: 1. How your staff was able to fill out the addresses on the certified receipts from the post office. 2. That, per our phone conversation, you included both the legal description and the vicinity map in your notice mailings. That will give me what I need to present the notice to the Director tomorrow. Please let me know if you have any questions, Patrick Waller Senior Planner Garfield County Community Development Department 1 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.garfield-county.comIcommunity-development/ 2 Patrick Waller From: Bruce Barth <bruce@redhousearchitecture.com> Sent: Thursday, June 22, 2017 5:22 AM To: Patrick Waller Subject: Fwd: FW: Building approval Forwarded message From : Sarah Ludington <sludington@rof.net> To : "Bruce Barth"<bruce@redhousearchitecture.com> Date : Wed, 21 Jun 2017 19:46:31 -0700 Subject : FW: Building approval Forwarded message EXHIBIT Here is the letter from the neighbor directly across the street. Can you please forward to Pat? I leave early tomorrow for a conference in Boulder. The neighbors to the south finally connected with me. One has been battling in court an issue with her elderly father. Anyway, they are thumbs up on the plan! I will forward their letter as soon as I receive it. Might not be until tomorrow. Thanks Sarah Original Message From: "Robyn Hahn" <rabynjhahnagmail.corn> Sent: Wednesday, June 21, 2017 8:30pm To: sludington�7a.rof.net Subject: Building approval To: Pat Waller I live across the road from Sarah Ludington and I give full support to her building addition on her property. My address is 1517 CR 129, Glenwood Springs. Thank you, Robyn J Hahn Sent from my iPad 1 Patrick Waller From: Bruce Barth <bruce@redhousearchitecture.com> Sent: Thursday, June 22, 2017 9:04 PM To: Patrick Waller Subject: Fwd: FW: Sarah Ludington's Project See below. Forwarded message From : Sarah Ludington <sludington@rof.net> To : "Bruce Barth"<bruce@redhousearchitecture.com> Date : Thu, 22 Jun 2017 17:13:49 -0700 Subject : FW: Sarah Ludington's Project Forwarded message Original Message From: "KAT SING" <ellensbee@vahoo.com> Sent: Thursday, June 22, 2017 9:30am To: "Sarah Ludington" <sludington a{7rof.net> Subject: Sarah Ludington's Project Dear Mr. Waller, EXHIBIT 1 1a We are writing this letter in support of Sarah Ludington's application for her subdivision project. Sincerely, Kat Sing and Toni Grenko Residence: 1474 County Road 129 No Name, CO 81601 Mailing: PO Box 2327 Glenwood Springs, CO 81602 1 Patrick Waller From: Bruce Barth <bruce@redhousearchitecture.com> Sent: Wednesday, May 24, 2017 9:44 AM To: Patrick Waller Subject: Re: Covenants EXHIBIT Pat — We have read through the covenants for the Weaver Subdivision (7-22-96). The proposed Ludington Minor Subdivision will maintain one detached single family structure (existing house at 1558 County Road 129) on Parcel 3 as per the previous covenants. No additional units are proposed for +/-9 acre parcel. Thanks, Bruce From: Patrick Waller <pwaller@garfield-county.com> Date: Monday, May 22, 2017 at 3:18 PM To: Bruce Barth <bruce@redhousearchitecture.com> Subject: Covenants Hi Bruce, Attached are the covenants that I found for the Weaver Subdivision Exemption. Please review, confirm that they address the subject parcel, and I will make sure they are included in the application. Thanks and let me know if you have any questions, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.garfield-county.corn/community-development/ 1