HomeMy WebLinkAbout09.0 DD Staff Report 12.18.2017Costanzo Minor Subdivision - Exhibits Administrative Review (File MISA-08-17-8574) Applicant is Kip D Costanzo LLC December 18, 2017 Exhibit Number Exhibit Description 1 Public Hearing Notice Information Form 2 Receipts from Mailing 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 Colorado Parks and Wildlife (dated November, 29 2017) 8 Referral Comments from Garfield County Road and Bridge (dated November 15, 2017) 9 Referral Comments from Mountain Cross Engineering (dated November 29, 2017) 10 Referral Comments from Colorado Geological Survey (dated November 29, 2017) 11 Referral Comments from Colorado River Fire Rescue (dated November 29, 2017) 12 Referral Comments from the Colorado Division of Water Resources (dated November 30, 2017) 13 Referral Comments from Garfield County Environmental Health (dated November 29, 2017) 14 Referral Comments from Colorado Department of Transportation (dated December 1, 2017) 15 Referral Comments from Garfield County Deputy Surveyor (dated December 13, 2017) 16 Referral Comments from Xcel Energy (dated December 13, 2017) 17 A g EXHIBIT Costanzo Minor Subdivision MISA-08-17-8574 December 18, 2017 PW PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review — Minor Subdivision APPLICANT (OWNER) Kip D. Costanzo LLC. REPRESENTATIVE Paige Haderlie LOCATION The property is located east of the City of Rifle accessed off of Highway 6 & 24. The address is 28803 Highway 6 & 24. REQUEST Subdivision of one parcel into lots of approximately 3.664 acres and 2.793 acres. WATER/SANITATION Onsite Well / Septic ZONING Commercial/General COMPREHENSIVE PLAN Commercial I. DESCRIPTION OF THE PROPOSAL An Administrative application was submitted for a Minor Subdivision, with a request to subdivide an existing approximately 6.38 acre parcel owned by Kip D Costanzo LLC into two parcels. The Applicant's request is to create a new 2.793 acre lot and a new 3.664 acre lot. The proposed Lot 1 is currently developed with a Single Story Steel Frame Shop, permitted in 2013. The lot has an existing OWTS that was also permitted in 2013. Lot 2 is currently developed with a Steel Frame Shop, permitted in 1981 and an office, built in 1949. The parcel has an existing OWTS that was permitted in 1975. Domestic water for both Lots 1 and 2, is proposed to be served by an existing onsite well. II. DESCRIPTION OF THE SITE The site is relatively flat and graveled. The property is buffered to the east and west by significant vegetation. Otherwise, there is limited vegetation on site as it has historically been used for light industrial activities. Subject Parcel Highway 6 & 24 Aerial View of Subject Property Separate Parcel Not Part of Subdivision Approximate location of new structure '0 217711100359 Arai' 7_ Highway 6 & 24 2 0_ 0) 0_ 0 0 • • —$EQ.tt e • ...• ....A.. : hr"........... 1 i, " . f _':,•-_-'7- I •- • r ••- • -;•• • • • • . • • N‘,...;• — - •••• • ; • ' - • I- ;" -p-'•„•;,; .7- •.• ,•r"..-!.."-•••-••••• •- ••• ▪ • . • • . • .• - -' 7•‘:;-1-=•••,.: : - '" • 7•••:...i L.: 2 • f - • . • • - .F= – • • — • • ."'" kk72. tealr-famaSteguCem .•••=•••••••••• •••• *•••••••• ••••A •=.....itr!====:.; =7." ...*•-•••••••mov...,mm,..•••-vor =.7=7-X.7=-•17-:,-- Prtatr_Litary Plat Costanzo Minor Subdivision A Pared or Lead Situated in the S'en',,X41.-14 of Scttor 12_ Township 6 South &tole 93 Wtst of the 5.711 !tithpi Meridian CDuitty Garle:d, Stitt of Coke -ado -Pre1todnary ••••••••••• ••••••-•••14, • r.9% 4=4. • ff) 111. WAIVER REQUESTS FROM STANDARDS The Applicant has not requested any waivers from the applicable Standards. IV. 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 and Site Planning and Development Standards in Division 3. Minor Subdivisions are also subject to Section 5-301(C) and 5-402(F). The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Mountain Cross Engineering (See Exhibit 9): The following comments were submitted. • The applicant should verify that the existing OWTS are functioning properly by having them inspected by a qualified professional. • The applicant should have a qualified professional review the existing site grading and verify that the existing grades are adequate and that positive drainage is achieved. • The applicant should evaluate if there is a driveway, drainage and/or utitlity agreement needed between the Tots. • The pump test does not document the recovery of the well. • The uses listed in the well permit do not seem to match the uses listed in the application. B. Garfield County Road and Bridge (See Exhibit 8): The following comments were submitted. • No identified issues. 4 C. Colorado Parks and Wildlife (See Exhibit 7): The following comments were submitted. • No wildlife concerns with the proposal Colorado Geological Survey (CGS) (See Exhibit 10): • CGS has no objection to approval of the two -lot minor subdivision as proposed. Colorado River Fire Rescue (See Exhibit 11): • Requests that a separate address be established and posted for each building. • Any additional buildings or improvements may be required to have additional water supply and/or fire suppressions/fire alarm systems. Colorado Division of Water Resources (DWR) (See Exhibit 12): • The proposed water supply should be physically adequate and will not cause material injury to decreed water rights so long as the applicant operates the well in accordance with the terms of the augmentation plan and well permit. • Should the uses for the proposed lots differed from that allowed under the existing well permit, or require additional amounts of water, a new permit would be required and possibly an amended contract with West Divide Conservancy District. G. Colorado Department of Transportation (CDOT) (See Exhibit 14): • Recommended that there should be an easement to allow Lot 1 to have access to the County Road. • Did not identify any issues with access onto Highway 6 & 24. H. Garfield County Environmental Health (See Exhibit 13): • The applicant should provide water quality test that meets CDPHE Deluxe Colorado Package • The applicant should be sure to properly store and dispose of solid and hazardous waste. • OWTS — Routine inspections are recommended every 3-5 years with regular tank pumping as needed. I. Garfield County Deputy Surveyor (See Exhibit 15): • Had no comments or corrections to be made to the plat_ J. Xcel Energy (See Exhibit 16): • Stated that their easement was non-exclusive, which means no building placed over it. Did not identify any other issues. Comments have not been received from the following agencies and departments: City of Rifle and West Divide Water Conservancy District VI. STAFF ANALYSIS 5 Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The proposed subdivision is in general conformance with the dimensional standards for the Commercial/General zone district. The minimum lot size in the Commercial — General zone district is 7,500 square feet and the smallest lot proposed is approximately 2.793 acres or 121,663 square feet. The site plan shows a shed on Lot 2 that is located close to the property line and may have been in the setback. However, a site visit by staff showed that the shed had been removed. 2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The property is designated as Commercial in the Garfield County Comprehensive Plan, which describes that designation as follows: LAND USE DES IGNA Ili l N DES CtlIPT ION COM I'A Illi LE ZONING Commercial (C) Commercial intended to serve a regional market. Commercial General (CG) Commercial Limited (CL) Planned Unit Development (PUD) Density of residential uses: 5 du per acre Example. The subdivision of the property is not creating any additional dwelling units and the two new lots will continue to be used as commercial properties. As such, it is staff's opinion that the proposed subdivision is not in conflict with the Comprehensive Plan. 3. Section 7-103: Compatibility The proposed use is located in a commercially zoned area east of the City of Rifle.The neighboring zone districts are as follows: Surrounding Zoning 6 North: Rural West: Commercial General South: Rural and Highway 6 & 24 East: Commercial General North of the property, there are single-family residences, in particular a lot that is directly adjacent to the subject parcel. However, that parcel shares the Commercial/General zoning of the subject parcel. It is staff's opinion that the applicant is not proposing to change the historical use of the property and is only applying for a subdivision. As such, the proposal is compatible with adjacent land uses. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The Applicant is proposing to supply both parcels within the subdivision from a permitted well (permit No. 76013-F). The Division of Water Resources provided a referral comment and indicated: Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(h)(I), that the proposed water supply should be physically adequate and will not cause material injury to decreed water rights so long as the applicant operates the well in accordance with the terms of the augmentation plan and well permit. However, since estimates of water requirements for the proposal were not provided, should the uses for the proposed lots differ from that allowed under the existing well permit or require additional amounts of water, a new permit would be required and possibly an amended contract with West Divide Water Conservancy District. Staff has included as a suggested condition of approval that the applicant operate within their issued well permit. The well permit allows the provision of water for commercial use, irrigation, and a single-family dwelling. However, the well -sharing agreement only discusses the sharing of water for commercial uses. It appears that the property to the north is also served by this well. The tax account number for the northern property is included on the well permit. Further discussion with the applicant has indicated that the well is shared with the single-family lot to the northwest of the proposed subdivision. A suggested condition of approval has been included that the applicant update the well - sharing agreement to address this issue. The applicant has supplied a pump test for the well. This test was reviewed by the Garfield County designated engineer who indicated: The pump results do not document the recovery of the well. The pump test seemed to drawdown the well to nearly its full depth. The Applicant should determine how long it takes for the aquifer to recover to the static water level in the well and to verify the pump rate is compatible with the aquifer production. A suggested condition of approval has been included that the applicant address this 7 issue to the satisfaction of the Garfield County designated engineer. The applicant also submitted a water quality analysis. This was reviewed by the Garfield County designated engineer who indicated, "The well water had some secondary standards that were exceeded and showed the presence of coliform. The Applicant should consult with a qualified professional and determine appropriate treatment methods." Additionally, the water quality did not include a test for copper, zinc, uranium, iron, lead, or manganese. The test did not include an Alpha and Beta test, however it was determined by the Community Development Director that a test for uranium would provide information as to whether or not an Alpha Beta test is needed. A suggested condition of approval has been included that the applicant is required to test for these missing contaminants, and consult a qualified professional to determine any needed treatment options. 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems The applicant has indicated that there are two separate septic systems. The system for Lot 1, was installed in 2013, as part of the construction of the new structure on site. This system was designed by an engineer, who provided a letter in 2013 that the system was installed as designed. The OWTS for Lot 2 as demonstrated from submitted permits, was installed in 1975 as a 1,000 gallon tank. The OWTS' for both sites was reviewed by the Garfield County designated engineer. He indicated: The Applicant mentions that a second OWTS was constructed. The survey does not show the location. The location should be determined to verify that the required setbacks have been achieved. It is typical to have the Applicant verify that existing OWTS are functioning properly by having them inspected by a qualified professional. The OWTS for Lot 1, from 2013, was designed and reviewed by an engineer. It has been issued a final permit from Garfield County. Review by the County designated engineer identified that he requested that the applicant demonstrate that required setbacks had been met. Otherwise, staff is of the opinion that the system is adequate. The system for Lot 2 was constructed in 1975 and was permitted for 3 bedrooms. To address the designated engineer's comments, staff has included a suggested condition of approval that the system for Lot 2 needs to be inspected by a qualified professional, to ensure that it is adequate to serve the proposed use, is functioning properly, and meets required County setbacks. Garfield County Environmental Health reviewed the application. Their comments indicated: Public Health supports the requirements already outlined by the Community Development Department that "the wastewater management plan should include the condition of the existing system, including permits and system details, and an outline of any proposed changes for a new system." It appears the system 8 was properly designed in 2013, however, routine inspections are recommended every 3-5 years with regular tank pumping as needed. These comments support Staff's opinion that the applicant needs to provide further information on the OWTS', particularly for proposed Lot 1 as the system is from 1975 and was permitted for 3 bedrooms rather than the commercial use. The applicant has indicated that the lots will be sharing a well. The plat needs to be updated to show a well maintenance easement so that both properties will have access to the well. This has been included as a suggested condition of approval. 6. Section 7-106: Adequate Public Utilities The Applicant states that the property is served by electric. Any future extensions need to be in compliance with State requirements and inspected by the State Electrical Inspector. There is a Public Service Company of Colorado easement on the site that overlaps with the access easement. Xcel Energy (also known as Public Service Company of Colorado) provided a comment indicating that the easement was non- exclusive and the only thing not permitted in their easement was a structure. They identified no issues with the proposed subdivision. 7. Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department who indicated that they had no issues with the proposal. The application was also referred to Colorado Department of Transportation who identified no issues with the access onto Highway 6 and 24. The applicant also supplied an email from CDOT, stating that the parcel has a grandfathered access onto the Highway. CDOT recommended that there is an easement for Lot 1 to access from Lot 2, to the County Road. This is not part of the applicant's proposal and wasn't mentioned in Road and Bridge review. The applicant has indicated that the Average Daily Trips for the property is 20-30. This would put the driveway in the Semi Primitive category. Table 7-107: Roadway Standards of the Land Use and Development Code, requires that the ROW width be 40 feet for this level of roadway. The submitted plat shows an easement of 30 feet in width. Staff has included a suggested condition of approval that the applicant update the plat to reflect this change. b. The Applicant has supplied information demonstrating that the existing access from proposed Lot 1 is 30 feet in width and meets the minimum design standards found in Section 7-107. The applicant has indicated that the interior of the property has a road base, is flat and allows for adequate drainage. The application was reviewed by CDOT and the Garfield County designated Engineer, neither of whom identified an issue with the access or the interior roads. The County designated engineer did indicate that he felt a shared driveway agreement may be required. This has been included as a suggested 9 condition of approval. 8. Section 7-108: Natural Hazards The application represented that no natural or geologic hazards affect the property. County hazards mapping shows that there are no mapped hazards on the site. The proposal has been reviewed by the Colorado Geological Survey who indicated that they have no objection to approval of the subdivision. 9. Section 7-109: Fire Protection The Application was referred to Colorado River Fire Rescue. They replied with comments that the applicant establish separate addresses for the property and be posted for each building. This comment has been included as a suggested condition of approval. They also indicated that future buildings or improvements built on the property may be required to have additional fire suppression upgrades. This has been included as a plat note. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The property has been light industrial. There is no existing agriculture on the site and there is no evidence of a surface irrigation ditch. While there are agricultural uses to the north of the property, staff anticipates the impact on these uses from the proposed subdivision will be negligible. 11. Section 7-202 Wildlife Habitat Areas The applicant is not proposing additional development on the site. The application was referred to Colorado Parks and Wildlife who indicated (Exhibit 7): "Just a 6 acre plot being subdivided roughly in half. The site is adjacent to HWY 6 and is completely surrounded by development. The site is basically a gravel parking lot in its current state. Not worried about this one." Staff anticipates any impact on wildlife to be minimal. 12. Section 7-203 Protection of Waterbodies The Applicant has represented that the property is not near any waterbody. Review of aerial photos and the site visit, did not indicate any waterbodies on the site. 13. Section 7-204 Drainage and Erosion The Applicant has provided a topographic map of the proposed subdivision. The 10 application was reviewed by the Garfield County designated engineer who indicated (Exhibit 9): In lieu of a drainage report, the Applicant should have a qualified professional review the existing site grading and verify that the existing grades are adequate and that positive drainage is achieved. A drainage easement may be required for one Lot to drain through the other. Staff has included a suggested condition of approval that addresses the Garfield County engineers concerns. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. 15. Section 7-206 Wildfire Hazards The subject property is identified mainly as Not Rated or Low in the Community Wildfire Protection Plan's Wildland Fire Susceptibility Index. There are no slopes over 30% on the property and no known fire chimneys. As such, staff feel that the wildfire danger on the property is within manageable levels and is consistent with Code requirements. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, no natural or geologic hazards were indicated on the site, either in County hazard mapping or through Colorado Geological Survey review. 17. Section 7-208 Reclamation No disturbance that would require reclamation is anticipated as a result of the creation of the proposed subdivision. Both proposed lots are already developed with structures. Article 7, Division 3, Site Planning and Development Standards 18. Section 7-301 Compatible Design: The proposed lots and use are generally compatible with surrounding residential, commercial, and agricultural land uses. Structures already exist on the site and the applicant is not proposing to change the use of the property. 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through site plans and a statement, that adequate parking exists on the site. The applicant has represented: 11 Parking requirements will be met on both parcels. The required parking of 1 space per 2,000 sq. ft. floor space has been met. Each building is 5,000 sq. ft, therefore requiring 3 parking spaces each. Each parcel allows more than 10 parking spaces each. 20. Sections 7-303 Landscaping Standards: The applicant is not proposing any additional landscaping on the site. There are landscaped buffers along the eastern property line and the northern property line. Off- street parking will not exceed 15 or more spaces for each parcel, which means that the applicant is not required to screen those areas. 21. Section 7-304 Lighting: All exterior lighting will need to be downcast and comply with County standards. 22. Section 7-305 Snow Storage Standards: Adequate snow storage exists on the property. 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 7, Division 4, Subdivision Standards and Design Specifications 24. Section 7-401 General Subdivision Standards A shared driveway maintenance agreement has been required as a condition of approval. The applicant needs to update the plat to show a shared well easement on the property. An analysis from a qualified professional shall determine whether or not a drainage easement is needed. 25. Section 7-402 Subdivision Lots No issues with lot configuration pursuant to this section have been noted. 26. Section 7-403 Survey Monuments Compliance with these requirements will be confirmed through referral of the final draft 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. 27. Section 7-404 School Land Dedication 12 The existing subdivision only has developed commercial uses, no additional dwelling units are being created. As such, no school land dedication fees are required. 28. Section 7-405 Road Impact Fees Road Impact Fees will be required at the time of building permit. Article 5, Division 3, Minor Subdivision Review 29. Section 5-301(C)(1): It complies with the requirements of the applicable zone district and this Code. As proposed, the subdivision complies with the Commercial - General zone district. 30. Section 5-301(C)(2): It is in general conformance with the Comprehensive Plan. See Section 2, above. 31. Section 5-301(C)(3): Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. See Section 4, above. 32. Section 5-301(C)(4): Satisfactory evidence of adequate and legal access has been provided. See Section 7, above. 33. Section 5-301(C)(5): Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. The applicant has provided an access easement on the plat across Lot 1. A suggested condition of approval has been included that the applicant provide a well maintenance easement and a drainage easement if determined necessary. 34. Section 5-301(C)(6): The proposed Subdivision has the ability to provide an adequate sewage disposal system. See Section 5, above. 35. 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. See Sections 8 and 15, above. 13 36. 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. All required infrastructure is already in place. 37. Section 5-301(C)(9): All taxes applicable to the land have been paid, as certified by the County Treasurer's Office. The Applicant will need to obtain the signature of the County Treasurer on the final plat indicating that taxes have been paid. This must be accomplished prior to the BOCC signing the plat. 38. Section 5-301(C)(10): All fees, including road impact and school land dedication fees, shall be paid. All road impact fees shall be collected at the time of building permit. School Land dedication is only required when a subdivision creates dwelling units. This proposed subdivision is only for a commercial property. As such a school land dedication fee is not applicable. 39. Section 5-301(C)(11): The Final Plat meets the requirements per section 5- 402.F., Final Plat. Staff suggests that the following corrections be made to the plat as a condition of approval. The name and address of the mineral owners of record shall be included on the plat. The title "Preliminary Plat" shall be removed. Survey Note #1 shall be updated to state that all easements from the title commitment are shown on the plat All color shall be removed from the plat - The seal of the land surveyor shall be included on the plat. - The width of all adjacent right-of-ways shall be added to the plat. - The area of the lots shall be shown to 2 decimal places. - The footprint of the structures shall be removed from the plat. - The dots representing gravel shall be removed from the plat. - Septic information shall be removed from the plat. - Any additional property improvement information shall be removed from the plat. - A well maintenance easement shall be included on the plat to ensure that both newly created parcels have access to the wellhead and any other associated infrastructure including but not limited to underground water pipelines. Compliance with this condition shall remove Survey Note 6 from 14 the plat. The access easement right-of-way shall be expanded to 40 feet. The applicant shall include a Lienholder Consent signature block that matches the form in the County Resource Guide. - The County Commissioners Certificate shall be updated to match current form. The Certificate of Dedication and Ownership shall be updated to match current form. - The Surveyors Certificate shall be updated to match current form. - The incorrect Title Certificate shall be removed from the plat. - Plat Notes G, H, M, N, 0, P shall be removed from the plat. Plat Notes Q and R shall be combined - The applicant shall include the plat note: "The property is within the boundaries of the City of Rifle's Source Water Protection Area. Users of the property should properly store and dispose of solid and hazardous waste used in commercial, industrial, and or residential operations." - The following plat note shall be added to the plat: "No further subdivision of the parcels within Costanzo Minor Subdivision is permitted by Minor Subdivision, as defined in the Land Use and Development Code of 2013, as amended." - The following plat note shall be added to the plat: "Any future buildings or improvements on the property may be required to have additional water supply and/or a fire suppression/fire alarm system as required by the International Fire Code." VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that, with the recommended conditions, the proposed Minor Subdivision is in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code. Staff, therefore, recommends approval with conditions of Costanzo Minor Subdivision. Suggested Findings 1. That proper public notice was provided as required for the Administrative Review Land Use Change Permit. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Suggested Conditions of Approval 15 Conditions Prior to Signature of the Plat 1. The Applicant has 90 days within which to satisfy applicable conditions of approval and provide the following documentation for BOCC signature and recordation: a. A plat mylar with signed Certificates that include Dedication and Ownership, Title, Taxes, Surveyor, and any mortgagees. b. The following amendments shall be made to the plat prior to obtaining signatures on the plat. This updated plat shall be provided to, reviewed and accepted by the Community Development Department prior to creating a Mylar copy of the plat and obtaining any signatures. i. The name and address of the mineral owners of record shall be included on the plat. ii. The title "Preliminary Plat" shall be removed. iii. Survey Note #1 shall be updated to state that all easements from the title commitment are shown on the plat iv. All color shall be removed from the plat v. The seal of the land surveyor shall be included on the plat. vi. The width of all adjacent right-of-ways shall be added to the plat. vii. The area of the lots shall be shown to 2 decimal places. viii. The footprint of the structures shall be removed from the plat. ix. The dots representing gravel shall be removed from the plat. x. Septic information shall be removed from the plat. xi. Any additional property improvement information shall be removed from the plat. xii. A well maintenance easement shall be included on the plat to ensure that both newly created parcels have access to the wellhead and any other associated infrastructure including but not limited to underground water pipelines. Compliance with this condition shall remove Survey Note 6 from the plat. xiii. The access easement right-of-way shall be expanded to 40 feet. xiv. The applicant shall include a Lienholder Consent signature block that matches the form in the County Resource Guide. xv. The County Commissioners Certificate shall be updated to match current form. xvi. The Certificate of Dedication and Ownership shall be updated to match current form. xvii. The Surveyors Certificate shall be updated to match current form. xviii. The incorrect Title Certificate shall be removed from the plat. 16 xix. Plat Notes G, H, M, N, 0, P shall be removed from the plat. xx. Plat Notes Q and R shall be combined xxi_ The applicant shall include the plat note: "The property is within the boundaries of the City of Rifle's Source Water Protection Area. Users of the property should properly store and dispose of solid and hazardous waste used in commercial, industrial, and or residential operations." xxii. The following plat note shall be added to the plat: "No further subdivision of the parcels within Costanzo Minor Subdivision is permitted by Minor Subdivision, as defined in the Land Use and Development Code of 2013, as amended." xxiii. The following plat note shall be added to the plat: "Any future buildings or improvements on the property may be required to have additional water supply and/or a fire suppression/fire alarm system as required by the International Fire Code." c. Recording Fees. 2. Prior to BOCC signature on the Plat the Applicant shall provide the Community Development Department with a shared roadway maintenance agreement for the access easement. This agreement will be reviewed and accepted by the Garfield County Attorney's Office. 3. Prior to the BOCC signature on the Plat, the Applicant shall address the well pump test issues identified in the letter from Chris Hale, of Mountain Cross Engineering, dated November 29, 2017 (Exhibit 9) to the satisfaction of the County designated engineer. 4. Prior to the BOCC signature on the Plat the Applicant shall provide a demonstration from a qualified professional that existing site grading and drainage is positive and adequate. The analysis shall also address if a drainage easement is needed. Any upgrades to site drainage shall be required prior to the BOCC signature on the plat. If a drainage easement is required, the Applicant shall update the plat to include that easement. 5. Prior to the BOCC signature on the Plat, the Applicant shall supply a demonstration from a qualified professional that the OWTS and associated infrastructure for Lot 2 is functioning, meets required setbacks, and is adequate to serve the proposed use. This review should also address whether the OWTS and associated infrastructure on Lot 1 meets County required setbacks. Compliance with this condition shall be reviewed and accepted by the Community Development department and the County designated engineer. 6. Prior to the BOCC signature on the Plat the Applicant shall provide a water quality test for the required contaminants from Section 4-203(M)(1)(b)(5)(c) that are missing from the submitted test. This water quality test shall be reviewed and 17 accepted by the County designated engineer and Community Development. 7. Prior to the BOCC signature on the Plat, the Applicant shall provide a statement from a qualified professional that details treatment methods to make sure the well water meets County standards as detailed in Section 4-203(M)(1)(b)(5)(c). Any improvements identified by the qualified professional shall be completed prior to the BOCC signature on the Plat. 8. Prior to the BOCC signature on the Plat, the Applicant shall provide an updated well sharing agreement. The updated agreement shall account for the single- family residence to the northwest of the proposed subdivision that is on the same well. The agreement shall be subject to review and approval by the Garfield County Attorney's Office. Other Conditions 9. All representations of the applicant within the application and public hearing shall be considered conditions of approval unless otherwise modified by the Board of County Commissioners. 10.A11 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. 11. Property owners shall comply with the issued Colorado Division of Water Resources well permit. 12. To aid in emergency response, the Applicant shall establish and post a separate address for each parcel. 18 25fih I—. w. 0 CC uJ 01 171, C 0..)a. 95`Cq 0000 02.02 9104 025h 9519 0000 0402 9t0L LSt�; �iBPe, ZIP+fib E fi, 9519 0000 0L02 91OL MC. g tO NC) ifs) 7 .\.--,:rAti \ c i? 0 0 0 0 2 fihSh 9519 0000 OL02 9'CO2. w w )Ct CC 41) LLI 0 0 x. 06fifi 9519 0000 02_02 9TOL CL 0 w cc 90511 9519 0000 02.02 9102. 7016 2070 0000 6156 4476 7016 2070 0000 6156 4469 e_+ f y • 7016 2070 0000 6156 4537 7016 2070 0000 6156 4513 roz m.", 0 m-,. .. 0 E� rn 0 M (Monclay 11/20/2017) Certified 1 $3.35 (USPS Certified Mail #) (70162070000061564430) Return 1 $1.45 Receict ( elec) First -Class 1 $0.49 Mail Letter (Domestic) (PALISADE, CO 81528) (Weight:0 Lb 0.90 Oz) (Estimated Delivery Date) (Monday 11/20/2017) Certified 1 $3,35 (0 USPS Certified Mail #) (70162070000061564483) Return 1 $1.45 Receipt ( elec) First -Class 1 $0.49 Mail Letter (Domestic) (GRAND JUNCTION, CO 81502) (Weight:0 Lb 0.80 Oz) (Estimated Delivery Date) (Monday 11/20/2017) Certified 1 $3.35 (NUSPS Certified Mail #) (70162070000061554452) Return 1 $1.45 Receipt ( elec) Total $52.90 Debit Card Remit'd $52.90 (Card Name:Debit Card) (Account #:X)000(XXXXXXX7291) (Approval #: ) (Transaction 2015) (Receipt #:009776) (Debit Card Purchase:652.90) (Cash Back:$0.00) Text your tracking number to 28777 (2USPS) to get the latest status. Standard Message and Data rates may apply. You may also visit USPS.com USPS Tracking or call 1-800-222-1811. For Return Receipt (by email>, visit USPS.com, Track & Manage to track your item. Under Available Actions select "Return Receipt Electronic"; enter your name and email address. Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/c1icknship to print shipping labels with oostaae_ For other RIFLE 330 RAILROAD AVE RIFLE CO 81650-9800 0543 11/17/2017 ©80)275-8777 1:34 PM .................. Product Sale Final Description. Oty Price First -Class 1 $0.49 Mail Letter (Domestic) (GGLENWOOD SPRINGS, CO 81602) (Weight:0 Lb 0.90 Oz) (Estimated Delivery DdLe) (Monday 11/20/2017) Certified 1 $33.35 (e USPS Certified Mail #) (70162070000051554513) Return 1 Receipt ( eiec) First -Class Mall Letter - (Domestic) (PALISADE, CO 81526) (Weight:C Lb 0.90 Oz) (Estimated Delivery'Date) (Monday 11/20/2017) Certified 1 $3.35 (NUSPS Certified Nail #) (70162070000061564537) Return 1 $1..45 Receipt ( eiec) First -Class 1 Mail Letter (Domestic) (RIFLE, CO 81650) (Weight:0 Lb 0.90 Oz) (Estimated Delivery Date) (Monday 11/20/2017) Certified 1 $3,25 (r`iUSPS Certified Mail #) Retu(70162070000061564469) Pralai nt r 1 $1.45 1 $1..45 $0.49 $0.49 First -Ci ass 1 $0.49 Mail Letter •-(Domestic) (RIFLE, CO 81650) (Weight:0 Lb 0.90 Oz) (Estimated Delivery Date) (Monday 11/20/2017) Certified 1 $3.35 (®QUSPS Certified Mail #) (70162070000061564476) Return 1 $1.45 Receipt ( elec) First -Class 1 $0.49 Mail Letter (Domestic) (HOUSTON, TX 77002) (Weight:0 Lb 0.70 Oz) (Estimated Delivery Date) (Monday 11/20/2017) Certified 1 $3.35 (NUSPS Certified Mail #) (70162070000061564506) Return 1 $1.45 Receipt ( elec) First -Class 1 $0.49 Mail Letter (Domestic) (RIFLE, CO 81650) (Weight:0 Lb 0.90 Oz) (Estimated Delivery Date) (Monday 11/20/2017) Certified 1 $3.35 (@9USPS Certified Mail #) (70162070000061564544) Return 1 $1.45 Receipt ( elec) First -Class 1 $0.49 Mail Letter (Domestic) (RIFLE, CO 81650) (Weight:0 Lb 0.90 Oz) (Estimated Delivery Date) (Monday 11/20/2017) Certified 1 $3.35 (NUSPS Certified Mail #) (70162070000061564520) Return 1 $1.45 Receipt eiec) Garfield County Land Explorer Parcel Physical, Address Owner Account Num Mailing Address 217711100343 217711100359 217711400294 217712200093 a2177094 217712200243 217712200329 217712200330 217712200515 ROW ROW 603 221 COUNTY RD RIFLE 28730 6 & 24 HWY RIFLE 28588 6 & 24 HWY RIFLE 756 221 COUNTY RD RIFLE 28803 6 & 24 HWY RIFLE 51 223 COUNTY RD RIFLE 851 221 COUNTY RD RIFLE 781 221 COUNTY RD RIFLE Not available RIFLE Not available null Not available null GREEN, ARDIS A ALLIED EVERGY SERVICES REAL ESTATE LLC OLDCASTLE SW GROUP INC COPELAND, ANTHONY W & DARCY S KIP D COSTANZO LLC MYERS & ASSOCIATES PROPERTIES, LLC CHELEWSKI, LEE ROY & SARALYN E GUTIERREZ, TEODORO & MARIBEL NORTH BANK HOLDING LLC 8210863 603 COUNTY ROAD 221 RIFLE, CO 81650 8210915 1000 LOUISIANA, SUITE 3850 HOUSTON, TX 77002 R210762 , PO BOX 3609 GRAND JUNCTION, CO 81502 8210041 756 COUNTY ROAD 221 RIFLE, CO 81650-9711 R210607 759 36 3/10 ROAD PALISADE, CO 81526 R210346 PO BOX 2570 BASALT, CC R210829 R210830 R041312 81621 851 COUNTY ROAD 221 RIFLE, CO 81650-9710 781 COUNTY ROAD 221 RIFLE, CO 81650 PO BOX 1533 GLENWOOD SPRINGS, CO 81602 EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION 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 /7 day of /' , 20/7 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. 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] o tom. on vizi # 54 -r -ac - 71l -L R L. Ii 1,3 4VI W. j re' P--4 Co ?mem ■ Please attach proof of certified, return receipt requested mailed notice. 0 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. 1 testify that the above information is true and accurate. Name2cti9 4) 6.1.4 ij�1, LLC Signature; Date: /I J17'A-o/ 7 Patrick Waller From: Taylor Elm - DNR <taylor.elm@state.co.us> Sent: Wednesday, November 29, 2017 9:12 AM To: Patrick Waller Subject: Fwd: Garfield County Referral Request - Costanzo Minor Subdivision EXHIBIT f Patrick, Please see the below email from our District Wildlife Manager, Brian Gray. As he's outlined, there should not be any wildlife concerns with this proposal and we do not have any recommendations at this time for the applicant. Thanks! Taylor Elm Land Use Specialist Northwest Region P 970.947.2971 1 F 970.947.2936 1 C 970.986.9767 0088 Wildlife Way, Glenwood Springs, CO 81601 taylor.elm@state.co.us 1 cpw.state.co.us Forwarded message From: Gray - DNR, Brian <brian.gray�7a state.co.us> Date: Sat, Nov 25, 2017 at 1:55 PM Subject: Re: Garfield County Referral Request - Costanzo Minor Subdivision To: Taylor Elm - DNR <taylor.elm@state.co.us> Taylor, I looked at this one. Just a 6 acre plot being subdivided roughly in half. The site is adjacent to HWY 6 and is completely surrounded by development. The site is basically a gravel parking lot in its current state. Not worried about this one. Thanks Brian Gray District Wildlife Manager / Rifle North Northwest Region 0 P 970.255.6157 1 C 970.366.1908 1 711 Independent Ave., Grand Junction, CO., 81505 brian.gray@state.co.us 1 www.cpw.state.co.us On Thu, Nov 9, 2017 at 1:53 PM, Taylor Elm - DNR <taylor.elm@state.co.us> wrote: Brian, Here's another GarCo referral. Let me know if you need anything. Thanks, Taylor Elm Land Use Specialist Northwest Region P 970.947.2971 I F 970.947.2936 1 C 970.986.9767 0088 Wildlife Way, Glenwood Springs, CO 81601 taylor.elm@state.co.us 1 cpw.state.co.us Forwarded message From: Patrick Waller <pwaller@garfield-countv.com> Date: Wed, Nov 8, 2017 at 4:13 PM Subject: Garfield County Referral Request - Costanzo Minor Subdivision To: Kelly Cave <kcave@garfield-county.com>, Morgan Hill <mhill@a,garfield-county.com>, Wyatt Keesbery <wkeesbery@garfield-county.com>, "Roussin - CDOT, Daniel" <daniel.roussin@state.co.us>, "Sullivan - DNR, Megan" <megan.sullivan@state.co.us>, "CGS LUR@mines.edu" <CGS LUR@mines.edu>, "scott.hoyer@state.co.us" <scott.hoyer@state.co.us>, Taylor Elm - DNR <taylor.elm@state.co.us>, "nlindquist@rifleco.org" <nlindquist@rifleco.org>, "chris@a mountaincross-eng.com" <chris@mountaincross- eng.com>, Orrin Moon <Orrin.Moon@crfr.us>, "water@wdwcd.org" <water@wdwcd.org>, Scott Aibner <saibner@a,garfi eld-county.com> Good Afternoon, Garfield County Community Development is requesting referral comments for an application submitted by Kip D Costanzo LLC for a Minor Subdivision, to divide an existing 6.45 acre parcel into two lots of approximately 2.79 acres and 3.66 acres. Both parcels will be served by a shared existing well and separate Onsite Wastewater Treatment Systems. Access is provided off of Highway 6 & 24. The parcel is zoned Commercial/General. The File Number is MISA-08-17-8574. The link to the application is available here. 2 Garfield County Community Development is requesting any responses to referral comments by Wednesday, November 29. Thanks for your help and please contact me with 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-eounty.com/communitv-development/ 3 Patrick Waller From: Dan Goin Sent: Wednesday, November 15, 2017 2:53 PM To: Patrick Waller Cc: Dale Stephens Subject: RE: Garfield County Referral Request - Costanzo Minor Subdivision EXHIBIT s Patrick This in response to the Coatanzo Minor Subdivision File # MISA-08-17-8574 this property is accessed off of State Hwy 6 & 24 and they have a grandfather letter from the state so at this time there are no issues as far as Road and Bridge is concerned. Dan Goin District 3 Foreman Garfield County Road and Bridge 0298 CR 333A, Rifle CO 81650 970-625-8601 From: Wyatt Keesbery Sent: Monday, November 13, 2017 1:23 PM To: Dan Goin <dgoin@garfield-county.com>; Michael Prehm <mprehm@garfield-county.com> Cc: Dale Stephens <dstephens@garfield-county.com> Subject: FW: Garfield County Referral Request - Costanzo Minor Subdivision From: Patrick Waller Sent: Wednesday, November 08, 2017 4:13 PM To: Kelly Cave <kcave@garfield-county.com>; Morgan Hill <mhill@garfield-county.com>; Wyatt Keesbery <wkeesbery@garfield-countv.com>; Roussin - CDOT, Daniel <daniei.roussinnstate.co.us>; Sullivan - DNR, Megan <megan.suIlivan@state.co.us>; CGS LUR@mines.edu; scott.hover@state.co.us; Taylor Elm - DNR <taylor.elm@state.co.us>; nlindkuist@rifleco.org; chris@mountaincross-eng.com; Orrin Moon <Orrin.Moon@Crfr.us>; water@wdwcd.org; Scott Aibner <saibner@garfield-county.com> Subject: Garfield County Referral Request - Costanzo Minor Subdivision Good Afternoon, Garfield County Community Development is requesting referral comments for an application submitted by Kip D Costanzo LLC for a Minor Subdivision, to divide an existing 6.45 acre parcel into two lots of approximately 2.79 acres and 3.66 acres. Both parcels will be served by a shared existing well and separate Onsite Wastewater Treatment Systems. Access is provided off of Highway 6 & 24. The parcel is zoned Commercial/General. The File Number is MISA-08-17-8574. The link to the application is available here. Garfield County Community Development is requesting any responses to referral comments by Wednesday, November 29. Thanks for your help and please contact me with 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-countv.comicommunity-development/ 2 November 29, 2017 Mr. Patrick Waller Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 il►� MOUNT/ IN CROSS �" ENGINEERING, INC. Civil and Environmental Consulting and Design 1 EXHIBIT RE: Review of the Costanzo Minor Subdivision Application: MISA-08-17-8574 Dear Patrick: This office has performed a review of the documents provided for the Costanzo Minor Subdivision Application. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant mentions that a second OWTS was constructed. The survey does not show the location. The location should be determined to verify that the required setbacks have been achieved. It is typical to have the Applicant verify that existing OWTS are functioning properly by having them inspected by a qualified professional. 2. In lieu of a drainage report, the Applicant should have a qualified professional review the existing site grading and verify that the existing grades are adequate and that positive drainage is achieved. A drainage easement may be required for one Lot to drain through the other. 3. There may need to be a driveway, drainage, and/or utility agreement between the two lots, similar to the well agreement that was submitted. The Applicant should evaluate and provide a draft for review as necessary. 4. The well water had some secondary standards that were exceeded and showed the presence of coliform. The Applicant should consult with a qualified professional and determine appropriate treatment methods. 5. The pump results do not document the recovery of the well. The pump test seemed to drawdown the well to nearly its full depth. The Applicant should determine how long it takes for the aquifer to recover to the static water level in the well and to verify the pump rate is compatible with the aquifer production. 6. The uses listed in the well permit do not seem to be congruent with the uses listed in the application. The Applicant should apply to amend the well permit as applicable. Feel free to call if you have any questions or comments. Sincerely, Mountaii Cross Engineerir/g, Inc. oris Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5568 www.mountaincross-eng.com COLORADO GEOLOGICAL SURVEY 1801 19th Street Golden, Colorado 80401 November 29, 2017 Patrick Waller Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: Costanzo Minor Subdivision File Number MISA-08-8574; Garfield County, CO; CGS Unique No. GA -18-0004 Location: NW SW NW Section 12, T6S, R93 W, 6th P.M. 39.5439, -107.7328 Dear Mr. Waller: Karen Berry State Geologist Colorado Geological Survey has reviewed the Costanzo minor subdivision referral. I understand the applicant proposes a two -lot subdivision of a 6.45 -acre commercial parcel located at 28803 Highway 6&24, Rifle. The project description states that no new improvements and no change in use are currently proposed. The site does not contain steep slopes, and does not contain, nor is it exposed to, any geologic hazards that would preclude the slight increase in density. CGS therefore has no objection to approval of the two -lot minor subdivision as proposed. 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. Sincerely, Jill 'arlsort, C.E.G. Engineering Geologist GA -18-0004 1 Costanzo Minor Subdivision 11:06 AM, 11/29/2017 Colorado River Fire Rescue EXHIBIT 1 Patrick Waller 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Costanzo Minor Subdivision November 29, 2017 Patrick: This letter is to advise you that I have reviewed File Number: MISA-08-17- 8574, Costanzo Minor Subdivision located at 28803 Hwy 6 in Rifle, CO. I have made a site visit to this location, reviewed the digital application, and have the following comments: 1. As the property stands today with no additional improvements, and each future property containing a building, I would ask that a separate address be established and posted for each building. This will aid in quicker emergency response to each building and property. A Knox Box is already installed at the gate so we have access to the gate and both proposed properties. 2. Any future buildings or improvements built on this property may be required to have additional water supply and/ or fire suppressions/fire alarm systems installed as required by Colorado River Fire Rescue and/or the International Fire Code. I have no other requirements or concerns with the proposed lot split at this location. Thank you for allowing me to review this referral and please feel free to contact me with any questions or concerns. . Thank You, Orrin D. Moon, Division Chief/Fire Marshal COLORADO Division of Water Resources Department of Natural Resources November 30, 2017 Patrick Waller Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 84601 Re: Costanzo Minor Subdivision, MISA-08-17-8574 Section 12, T6S, R93W, 6th PM Water Division 5, Water District 39 Dear Mr. Waller: EXHIBIT s I z We have reviewed the above -referenced proposal for a minor subdivision to subdivide a 6.8 acre parcel located in the SW 1/4 of the NW 'A of Section 12, Township 6 South, Range 93 West, into two lots of 3.664 acres and 2.793 acres, to be used for light industrial purposes. The parcel is also known as 28803 Highway 6 a 24, Rifle, CO. The proposed water supply will be from a shared well operating under an augmentation contract with West Divide Water Conservancy District. However, estimates of water requirements for the lots were not provided. The applicant intends to treat wastewater through individual on-site septic systems for each lot. This office has a record of an existing well located on the 6.8 acres, operating under Permit No. 76013-F. Well Permit No. 76013-F was issued in 2012 to use an existing well that was constructed in the 1960s. The permit was approved in part, under the condition that the well is operated in accordance with the West Divide Water Conservancy District Augmentation Plan, West Divide Contract # 120309KC(a). The use of the well is limited to fire protection, drinking and sanitary facilities for a commercial business and general commercial operations, ordinary household purposes inside one single family dwelling, the irrigation of not more than 9,000 square feet of gardens and lawns and the watering of two domestic animals. The maximum pumping rate of the well shall not exceed 15 gpm and the annual withdrawal of groundwater is limited to of 3.78 acre-feet (1,231,713 gallons). According to the documentation for the contract with West Divide Conservancy District, the commercial use is for two buildings, one 6,500 square feet and the other 6,000 square feet. Section 37-92-602(3)(b)(III), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. The source of the proposed water supply would be from, or tributary to, the Colorado River. This area of the Colorado River is over -appropriated; therefore, an augmentation plan is required to offset depletions caused by the pumping of any wells. The applicant has shown that the current water well permit has a water allotment contract with West Divide Water Conservancy District. The well test report by Ray's Well Done Pump Service, LLC dated October 4, 2017 indicates that the well located at 28803 Hwy. 6 £t 24, Rifle, produced 15 gallons per minute during a 4 hour pump test with a drawdown of 38.0 feet. Should the well continue to produce in a similar manner, it should be adequate to provide water for permitted household purposes in the single family dwelling Office of the State Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www. water. state. co. us Patrick Waller, Garfield County Building and Planning Department November 30, 2017 Costanzo Minor Subdivision Page 2 of 2 and the drinking and sanitary purposes inside the commercial buildings. Please note that the long term adequacy of any ground water source may be subject to fluctuation due to hydrological and climatic trends. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(h)(I), that the proposed water supply should be physically adequate and will not cause material injury to decreed water rights so long as the applicant operates the well in accordance with the terms of the augmentation plan and well permit. However, since estimates of water requirements for the proposal were not provided, should the uses for the proposed lots differ from that allowed under the existing well permit or require additional amounts of water, a new permit would be required and possibly an amended contract with West Divide Water Conservancy District. If you or the applicant has any questions concerning this matter, please contact me for assistance. Sincerely, Megan Sullivan, P.E. Water Resource Engineer MAS: Costanzo Minor Subdivision cc: Division Engineer District Water Commissioner Office of the State Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www. water. state. co. us NNW Garfield County 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Patrick Waller November 29, 2017 Hello Patrick, Public Health EXHIBIT 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 I have reviewed the application for the Costanzo Minor Subdivision and have the following comments: 1. Drinking water: I did not see reference to or results for a water quality test in the application's files. Water quality tests are recommended every year for private drinking water wells, with more comprehensive tests every five years. Public Heath suggests that the applicant should do a test on the shared well that is at least as robust as the Colorado Department of Public Health and Environment Laboratory Services Division's Deluxe Colorado Package. A water treatment system should be used as necessary to assure safe drinking water for residents. 2. Hazardous Waste Storage: Since the property is within the boundaries of the City of Rifle's Source Water Protection Area, users of the property should be sure to properly store and dispose of solid and hazardous waste used in their commercial, industrial, and residential operations. 3. Onsite Wastewater Treatment System: Public Health supports the requirements already outlined by the Community Development Department that "the wastewater management plan should include the condition of the existing system, including permits and system details, and an outline of any proposed changes for a new system." It appears the system was properly designed in 2013, however, routine inspections are recommended every 3-5 years with regular tank pumping as needed. Thank you, Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease EXHIBIT Patrick Waller 1 4 II From: Roussin - CDOT, Daniel <daniel.roussin@state.co.us> Sent: Friday, December 01, 2017 12:07 PM To: Patrick Waller Subject: Re: FW: Garfield County Referral Request - Costanzo Minor Subdivision I agree there isn't any official access to the County Road. However, the landowner could apply for access to the County Road and it appears access would be very simple to build. Providing possible access on the County Road in the future is good planning. I just wanted to make sure both Lots have the ability to get access in the future. Thanks Dan Dan Roussin Permit Unit Manager Traffic and Safety P 970.683.6284 1 F 970.683.6290 222 South 6th Street, Room 100, Grand Junction, CO 81501 daniel.roussin@state.co.us 1 www.codot.gov/ 1 www.cotrip.org On Fri, Dec 1, 2017 at 11:02 AM, Patrick Waller<pwaller@a,,garfield-county.com> wrote: Thanks for your review Dan. The applicant has represented that neither of the proposed lots 1 or 2 have access to the County Road. There is no existing permit from County Road and Bridge for that access and there is no physical access in that location. Both Tots would access Highway 6. Not sure if this might change your comments? Thanks again, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller(garfieId-county.com http://www.garfield-county.comlcommunity-development/ From: Roussin - CDOT, Daniel[mailto:daniel.roussin@state.co.us] Sent: Friday, December 01, 2017 10:52 AM To: Patrick Waller <pwaller@garfield-county.com> Cc: Devin Drayton <devin.drayton@state.co.us> Subject: Re: FW: Garfield County Referral Request - Costanzo Minor Subdivision Patrick - Thank you for the opportunity to review the Kip D. Costanzo LLC Minor Subdivision. It appears Lot 2 has a 30' easement to access Highway 6. It appears that Lot 2 does have access to Garfield County Road 221. CDOT would recommend that Lot 1 has the ability to have access to County Road by a 30' ' easement. That way both lots have access to the local street system. If you have any questions, please let me know. thanks Dan Dan Roussin 2 Permit Unit Manager Traffic and Safety P 970.683.6284 I F 970.683.6290 222 South 6th Street, Room 100, Grand Junction, CO 81501 daniel.roussinCstate.co.us 1 www.codot.gov/ 1 www.cotrip.org El On Fri, Dec 1, 2017 at 8:57 AM, Patrick Waller <pwaller@garfield-county.com> wrote: Hi Dan, Just following-up to make sure you don't have any referral comments on this application. Thanks, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (974) 945-1377 ext. 1580 pwaller(a,garfield-county.com http://www.garfield-county.comlcommunity-devel opment/ From: Patrick Waller Sent: Wednesday, November 08, 2017 4:13 PM To: Kelly Cave <kcave@garfield-county.com>; Morgan Hill <mhill@a,garfield-county.com>; Wyatt Keesbery <wkeesberya@garfield-countv.com>; 'Roussin - CDOT, Daniel' <daniel.roussin@state.co.us>; 'Sullivan - DNR, Megan' <megan.sullivan@state.co.us>; 'CGS LUR@a mines.edu' <CGS_LUR@.mines.edu>; 'scott.hoyer@state.co.us' <scott.hoyer@state.co.us>; 'Taylor Elm - DNR' <taylor.eim@state.co.us>; 'nlindquist@rifleco.org' <nlindquist@rifleco.org>; chris@mountaincross-eng.com; 'Orrin Moon' <Orrin.Moon@Crfr.us>; 'water@wdwcd.org' <water@wdwcd.org>; Scott Aibner <saibner@ garfield- county.com> Subject: Garfield County Referral Request - Costanzo Minor Subdivision Good Afternoon, Garfield County Community Development is requesting referral comments for an application submitted by Kip D Costanzo LLC for a Minor Subdivision, to divide an existing 6.45 acre parcel into two lots of approximately 2.79 acres and 3.66 acres. Both parcels will be served by a shared existing well and separate Onsite Wastewater Treatment Systems. Access is provided off of Highway 6 & 24. The parcel is zoned Commercial/General. The File Number is MISA-08-17-8574. The link to the application is available here. Garfield County Community Development is requesting any responses to referral comments by Wednesday, November 29. 4 Thanks for your help and please contact me with 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.com/communitv-development/ 5 Garfield County To: Scott Aibner - River Valley Surveys From: Jason Neil — Deputy Garfield County Surveyor Subject: Plat Review — Costanzo Minor Subdivision — Lots 1 & 2 Date: December 13, 2017 Deputy Surveyor Jason R. Neil, P.L.S EXHIBIT �� 15 Dear Scott, Upon review of the Costanzo Minor Subdivision Final Plat I have prepared a list of comments or corrections to be made prior to approval for survey content and form. 1. I have no comments or corrections to be made to the above mentions Plat. Once these and all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning 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, Jason R. Neil, P.L.S. Deputy Garfield County Surveyor cc Patrick Waller — Community Development Department 109 8th Street ,Suite 201 • Glenwood Springs, CO 81601 • (970)945-1377 • Fax: (970)384-3460 • e-mailjason@peaksurveyinginc.com Patrick Waller From: Wakefield, Samantha L <Samantha.l.wakefield@xcelenergy.com> Sent: Wednesday, December 13, 2017 3:59 PM To: Patrick Waller Subject: Costanzo Subdivision Patrick, In regards to Xcel Energy easement on property, and access issues. Our easement is non-exclusive. The only thing our easement cannot have is a permanent structure on it. Thanks, Sam 1