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HomeMy WebLinkAbout2.0 DD Staff Report 05.07.2018RGKMBK and Betts Minor Subdivision - Exhibits Administrative Review (File MISA-02-18-8607) Applicants are RGKMBK Family LLC. and Frances Betts May 7, 2018 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 Comment, Colorado Geological Survey, Dated April 17, 2018 8 Referral Comment, Mountain Cross Engineering, Dated April 16, 2018 9 Referral Comment, Garfield County Road & Bridge, Dated April 2, 2018 10 Referral Comment, Garfield County Surveyor, Dated April 14, 2018 11 Referral Comment, Garfield County Vegetation Management, Dated April 23, 2018 12 Referral Comment, Carbondale & Rural Fire Protection District, Dated April 23, 2018 13 Referral Comment, Colorado Parks and Wildlife, Dated April 24, 2018 14 Referral Comment, Division of Water Resources, Dated April 27, 2018 EXHIBIT BKMBK and Betts Minor Subdivision MISA-02-18-8607 May 7, 2018 PW PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION REQUEST WATER/SANITATION ZONING COMPREHENSIVE PLAN Administrative Review — Minor Subdivision RGKMBK Family LLC and Frances Betts Chad Lee — Balcomb and Green The properties are located at 7201 and 7202 County Road 100, Carbondale, CO 81623, approximately 3.8 miles north east of the Town of Carbondale. Subdivision of a 34.95 acre parcel into 17.5 and 17.45 acre parcels Onsite Well / Septic Rural Residential Medium, 6-10 Acres per Dwelling Unit I. DESCRIPTION OF THE PROPOSAL The Applicant has submitted an Administrative application for a Minor Subdivision with a request to subdivide a 34.95 acre parcel into 17.5 and 17.45 acre parcels. The property was split by deed in 1992, by a different property owner than either of the current owners. As the lot split never went through a Subdivision or a Subdivision Exemption process with the County it is considered an illegal Subdivision. The applicants have submitted the application to remedy this issue. Both parcels are improved with existing single-family residences and permitted OWTS'. Access is via County Road 100 and a shared driveway. Both dwellings use water from a shared well. II. DESCRIPTION OF THE SITE The property is gently sloped and vegetated with sage brush. It is located in Missouri Heights, at approximately 7,000 feet in elevation. An irrigation ditch crosses both properties. The single-family homes on both properties have been issued Building Permits. The dwelling on the Betts property was built in 2006 (Building Permit 10013) and the dwelling on the RGKMBK property was built in 1993 (Building Permit 4667). Vicinity Map Betts Parcel RGKMBK Parcel 2,011d3o1132 2 Proposed Plat iii a 111 11 I I it rl 1' It id 4 i 1 1 41 3 III. WAIVER REQUESTS FROM STANDARDS The Applicant has requested a waiver from Section 7-107 Roadway Standards, Section 7-306 Trail and Walkway Standards, Section 7-404 School Land Dedication and Section 7-405 Road Impact Fees. 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 Site Planning and Development Standards in Division 3, and Subdivision Standards and Design Specifications in Division 4. 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. Colorado Geological Survey (Exhibit 7): Has no objection to approval of the two -lot minor subdivision application as submitted, however they did note potential issues with ground subsidence in the area. B. Mountain Cross Engineering (Exhibit 8): Water Quality testing is required to meet the Land Use and Development Code. C. Garfield County Road and Bridge (Exhibit 9): Identified no issues with the proposed subdivision D. Garfield County Surveyor (Exhibit 10): Had no comments or corrections E. Garfield County Vegetation Management (Exhibit 11): Indicated that the applicant should supply a weed map and/or inventory for the parcel, as well as a management plan for any noxious weeds 4 F. Carbondale & Rural Fire Protection District (Exhibit 12): Had no comments on the application G. Colorado Parks and Wildlife (Exhibit 13): Did not anticipate significant wildlife impacts from the proposal, but encouraged residents to follow "bear aware" practices and keep dogs from roaming free H. Division of Water Resources (Exhibit 14): Responded that the State Engineer's Office offers the opinion that due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the well, the proposed water supply plan will cause material injury to existing water rights and is inadequate. Comments have not been received from the following agencies and departments: Garfield County Environmental Health, Bureau of Land Management, Missouri Heights Meadow Irrigation Company, and Holy Cross Energy VI. STAFF ANALYSIS 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 of the Rural zone district. The minimum lot size in that zone district is 2 acres. The smallest lot in the proposed subdivision is 17.45 acres. Based on the applicant's site plan submittal, structures on the site are compliant with building setback requirements. The submittal did show a pump house and well in the setback. Staff's site visit indicated that the pump house is relatively small in height and functions as part of a utility similar to electric utilities that are routinely placed in setbacks. 2. Section 7-102: Conformance with Comprehensive Plan and Compliance with IGAs The property is designated as Residential Medium in the Comprehensive Plan. This means that the suggested density is 6-10 acres per dwelling unit. The proposed subdivision achieves approximately 17.5 acres per dwelling unit. The proposal is in general conformance with the comprehensive plan. 5 LAND USE DESIGNATION DESCRIPTION COMPATIBLE ZONING Residential Medium (RM) Small farms, estates, and clustered residential subdivision; density determined by degree of clustering and land preserved in open condition: 0% open land - 1 du per <10 acres 50% open land - 1 du per 8 acres 70% open land - 1 du per 6 acres Rural (R) Planned Unit Development (PUD) Density of residential uses: 1 du per 6 to < 10 acres Example: 3. Section 7-103: Compatibility The proposed use is surrounded by rural residential parcels and is zoned Rural. The proposed size of the subdivision lots are compatible with surrounding parcels. The parcels are already developed with existing single-family residences, a use that is compatible and comparable to surrounding lots. No additional development is proposed as part of the proposed Minor Subdivision. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The applicant has indicated that both houses on the property are served by a shared well. The application included a permit for that well, issued in February of 1992. The application was referred to the Division of Water Resources, who responded with the following (Exhibit 14): 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. Accordingly, if the parcel is subdivided, the presumption under CRS 37-92-602(3)(b)(II)(A), that there will not be material injury to the vested water rights from such a well, will no longer apply. 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 well, including existing wells. If the applicant intends to use the existing well, currently permitted under permit no. 162919, to supply any of the proposed lots then pursuant to the State Engineer's Policy 2011-1, a new well permit issued pursuant to a decreed plan for augmentation will be required. Pursuant to Section 30-28-136(1)(h)(1), C.R.S., the State Engineer offers the opinion that due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the well, the proposed water supply plan will cause material injury to existing water rights and is inadequate. 6 The response from the Division of Water Resources indicates that the proposed water supply is inadequate. With this referral comment, the applicant has not demonstrated a legal water supply for the proposed subdivision. Staff has included a suggested condition of approval that the applicant demonstrate a legal water supply subject to review by the County Attorney's Office and Community Development, prior to the BOCC signature on the plat. To demonstrate adequate water, the applicant has supplied a 4 -hour pump test of the onsite well. This test was reviewed by the Garfield County designated engineer and no comments were supplied. This test demonstrates adequate water for the Minor Subdivision. The applicant supplied a water quality test that showed the absence of coliform in the water supply. As noted in the County designated engineer's referral comments, additional testing is required for the remaining contaminants in the Land Use and Development Code (Exhibit 8). The requirement for additional testing has been included as a suggested condition of approval. In order to allow both parcels to access the well for maintenance, the Final Plat needs to be updated to show a well maintenance easement. The applicant has provided an executed well sharing agreement. 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems Both residences on the parcel are served by OWTS' that have been permitted by the County. The RGKMBK Family parcel was permitted by Garfield County Permit 02064, and the assessor's record for the residence indicates that the number of bedrooms matches the size of the OWTS. The Betts parcel was permitted by Garfield County Permit 10013. The OWTS was designed for 5 bedrooms and Assessor's records indicate that only 4 bedrooms are in the residence. The wastewater management plan was reviewed by the Garfield County Designated Engineer and no comments were generated (Exhibit 8). The Wastewater Supply Plan is adequate to serve the proposed use. 6. Section 7-106: Adequate Public Utilities The applicant has indicated that adequate public utilities are available and adequate to serve the proposed land use. The application was sent to Holy Cross Energy and no comments were received. 7. Section 7-107: Access and Driveways The proposed Minor Subdivision parcels are accessed off of County Road 100 and a private road. The applicant has indicated that the private access road meets the standards for a primitive driveway, however it is Staff's opinion that the road should 7 meet Semi -Primitive Road Standards, based off the Institute of Transportation Engineers Trip Generation Manual trip estimate for the total number of single-family residences that use the road. The applicant has requested a waiver from the standard. To support the waiver request, the applicant has supplied a statement from a licensed surveyor that states: Regarding the access road to 7201 and 7202 County Road 100, it is this surveyors' opinion that the road has been in use since the easement was granted in 1986 in Book 696 at Page 334 and appears to be adequate for all existing uses for the residences that it provides access to. 1 personally live across the road and have witnessed trash trucks, construction vehicles, emergency vehicles and day to day traffic and have witnessed no problems with the road's layout. The applicant has also indicated that permanent certificates of occupancy have been issued to both single-family homes on the property and that the road has been utilized for the past 40 years without issue. Additionally, the applicant has indicated that the road is, "simply legally and physically adequate for two 'additional' single family residences". The application included a survey that analyzed the access road from the County Road to the parcels, for turning radius', grade, and width. The grade and all turning radius' except one are within the requirements for the Semi -Primitive Roadway standards. The application was reviewed by both the Garfield County designated engineer and the Carbondale & Rural Fire Protection District, neither of whom indicated any issues (Exhibits 8 and 12). The application was also reviewed by Garfield County Road & Bridge (Exhibit 9). They did not identify any issues. Waiver Criteria in Section 4-118 of the LUDC requires that the Applicant demonstrate that a waiver request: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. The intent of the Subject standard is that all roads are designed to provide for safe and adequate access. The road has been in place and used by the property owners, since the Certificate of Occupancy was issued for both single-family residences. The applicant is not proposing additional traffic on the road than what already exists through single- family residences permitted by the County. As such, it should not impose greater impacts on adjacent properties. This includes the provision of the driveways that were developed in association with the issued single-family dwelling building permits. The review of the fire department, indicates that there is no issue with access to the property for emergency services. It is staff's opinion, based on the Community Development Director's interpretation, the applicant's representations, referral comments, and the unique circumstances of this application, a waiver from the Roadway standards is 8 appropriate. The applicant has demonstrated that there is legal access to the parcel based off Access Easements recorded in County Records as Recorded Number 287265 and 375004. 8. Section 7-108: Natural Hazards Garfield County hazard mapping does not indicate any mapped hazards on the site. The application was reviewed by the Colorado Geological Survey (Exhibit 7). They indicated that while they had no objections to the approval of the subdivision as submitted. However, the review also indicated, "The applicant, owners, and potential purchasers should be advised of the sinkhole potential, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole." Staff has included a suggested condition of approval that a modified version of the CGS statement be included on the plat. 9. Section 7-109: Fire Protection The Application was referred to the Carbondale & Rural Fire District, who did not indicate any issues with the proposed subdivision. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The proposed Subdivision should not impact existing agricultural lands. The applicant identified that the Missouri Heights Meadow Irrigation Company was the irrigation ditch on the property. A referral request was sent to the Company and no comments were received. Staff does not anticipate any impact on any irrigation ditch on the property as the single-family dwellings are already developed, with driveways in place. A plat note has been included that states the parcels are subject to ditch and maintenance access easements. 11. Section 7-202 Wildlife Habitat Areas The application was referred to Colorado Parks and Wildlife, who indicated that there should not be significant wildlife impacts from the proposal (Exhibit 13). The comments did mention that residents should be encouraged to follow "bear aware" practices and keep dogs from roaming free. The suggested condition of approval has been included regarding the inclusion of an approved plat note addressing dogs off -leash. Additionally, a Condition of Approval has been included that the applicant is encouraged to follow bear aware practices as required by Colorado Parks and Wildlife. 9 12. Section 7-203 Protection of Waterbodies The Applicant has indicated that no waterbodies are located on the site. Staff has not identified any water bodies and the Land Use and Development Code does not consider irrigation ditches water bodies. 13. Section 7-204 Drainage and Erosion The existing single-family residences were checked for positive drainage at the time of building permit and met Building Code requirements at that time. The parcels are 17.5 and 17.45 acres and staff does not anticipate any drainage to impact adjacent properties. The application was reviewed by the Garfield County designated engineer and no issues were identified with Drainage or Erosion. 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 designated as Very High, in the Community Wildfire Protection Plan — Wildland Fire Susceptibility Index. There are no known slopes of greater than 30% on the parcels. The application was reviewed by the Carbondale & Rural Fire Protection District who indicated no issues with the application. Because the parcel is located in an area of Very High Wildfire Hazard, the Land Use and Development Code requires that roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. This has been included as a suggested condition of approval. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report and as identified by the Colorado Geological Survey's Review, the potential for subsidence does exist on the property. A plat note stating this has been included as a suggested condition of approval. 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 parcels are already developed with single- family residences and associated driveways. The application was reviewed by the Garfield County Vegetation Manager who indicated that the applicant should supply a weed inventory and a management plan for any noxious weeds on site. This has been included as a suggested condition of approval. Article 7, Division 3, Site Planning and Development Standards 10 18. Section 7-301 Compatible Design: The proposed lots and use are generally compatible with surrounding land uses. 19. Section 7-302 Off- Street Parking and Loading Standards: The Applicant has demonstrated through the application, that parking standards will be met. 20. Sections 7-303 Landscaping Standards: Single-family dwelling units are specifically exempted from these provisions of the code. No further development is proposed as part of the Minor Subdivision application. The applicant has indicated that they will be in compliance with all landscaping requirements in 7-303 (C). 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 and as such a pedestrian connection is not feasible. Article 7, Division 4, Subdivision Standards and Design Specifications 24. Section 7-401 General Subdivision Standards The proposed Final Plat shows that a portion of the well may be located outside of the utility and access easement. A suggested condition of approval has been included that the applicant update the Final Plat to show a well easement that allows access to the well head and associated infrastructure for both properties. The applicant included a well sharing agreement for the well on the property. The well sharing agreement was for two parcels that were 17.4475 acres. The application states that one parcel is 17.45 acres and the other is 17.5. Staff has included a suggested condition of approval that the applicant address the discrepancy in parcel acreage. The applicant has provided covenants that detail the maintenance of the shared roadways. This document was originally recorded at the Garfield County Clerk and Recorder with Reception No. 287265 and amended by Reception No. 441983 and 11 463512. 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. 27. Section 7-404 School Land Dedication The applicant represented that a school impact fee was paid as part of the building permit for the Kadair parcel in 1993 (Building Permit No. 4667). Staff agrees with this assessment as the plan review sheet shows a fee of $200. The applicant also represents that a similar fee was likely collected by the County as part of the Building Permit for the Betts parcel. The permit for the Betts parcel does not demonstrate that a school fee was paid at that time. Staff has included a suggested condition of approval that the applicant either provide additional evidence, acceptable to Community Development, that a school impact fee was paid, or provide payment as required by the Land Use and Development Code. The property is located in the RE -1 School District, which means the Payment -in -Lieu of Dedication of School Land would be required per Section 7-404.C.2 and 3 of the Land Use and Development Code. The applicant did request a waiver from this requirement, but based on available information, staff does not support a waiver request being granted. 28. Section 7-405 Road Impact Fees The applicant requested a waiver from this standard. Applicable Road Impact Fees are required at the time of building permit and no development is proposed as part of the application. Any future development will be subject to road impact fees. 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 Rural Zone District regulations. 30. Section 5-301(C)(2): It is in general conformance with the Comprehensive Plan. See Section 2, above. 12 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. The applicant has not presented satisfactory evidence of a legal water supply. This has been included as a suggested Condition of Approval. 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 needs to update the plat to show the well head in a dedicated well maintenance easement. 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 5, 8 and 15, above. 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 fees are discussed in Section 27 of this staff report. 13 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. - Remove "Kadair-Betts" from the title of the Minor Subdivsion. - The applicant shall update the following Plat Certificates to reflect the approved language in the Garfield County Resource Guide: Certificate of Dedication and Ownership, County Commissioners Certificate, Acceptance for Recording, and the Surveyor's Certificate - The pump house shall be removed from the Final Plat. The applicant shall include a well maintenance easement on the plat to ensure that both parcels have access to the well head and associated infrastructure. - The applicant shall include plat notes A, B, C, D, E, and H from the Garfield County Resource Guide. - The Final Plat shows that both parcels are 17.45 acres, however the application and County Assessor records indicate that one proposed lot is 17.5 acres and the other is 17.45. The plat shall be updated to address this discrepancy or the applicant shall supply additional information, acceptable to the Community Development Department, stating why the proposed plat is correct. If the dividing lot line was located in the wrong location, additional updates to the plat may be necessary. The applicant shall include a plat note that states, "Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are an ongoing concern in this area. Owners, and potential purchasers should be advised of sinkhole potential, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole." 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 RGKMBK Family LLC and Frances Betts 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. 14 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 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 lienholders. 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 and the County Attorney's Office prior to creating a Mylar copy of the plat and obtaining any signatures. Additional changes or modifications may be required by this subsequent review. • Remove "Kadair-Betts" from the title of the Minor Subdivsion. • The applicant shall update the following Plat Certificates to reflect the approved language in the Garfield County Resource Guide: Certificate of Dedication and Ownership, County Commissioners Certificate, Acceptance for Recording, and the Surveyor's Certificate. • The pump house shall be removed from the Final Plat. • The applicant shall include a well maintenance easement on the plat to ensure that both parcels have access to the well head and associated infrastructure. • The applicant shall include plat notes A, B, C, D, E, and H from the Garfield County Resource Guide. • The Final Plat shows that both parcels are 17.45 acres, however the application and County Assessor records indicate that one proposed lot is 17.5 acres and the other is 17.45. The plat shall be updated to address this discrepancy or the applicant shall supply additional information, acceptable to the Community Development Department, stating why the proposed plat is correct. If the dividing lot line was located in the wrong location, additional updates to the plat may be necessary. • The applicant shall include a plat note that states, "Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are an ongoing concern in this area. Owners, and potential purchasers should be advised of sinkhole potential, since early detection of building distress and timely remedial actions are 15 important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole." c. Recording Fees. 2. Prior to the BOCC signature on the Plat, the applicant shall provide a water quality test that addresses the contaminants identified in Section 4-203.M.1.b (5) (c) of the Land Use and Development Code. If a tested contaminant is out of compliance with the Maximum Contaminant Levels as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, the applicant shall provide a letter from a qualified professional detailing how the water quality can be brought into compliance. Any required upgrades from that letter shall be completed prior to the BOCC signature on the plat. 3. Prior to the BOCC signature on the plat the Applicant shall pay applicable school land dedication fees for the Betts parcel, as referenced in Section 7-404 of the Land Use and Development Code or provide additional information acceptable to Garfield County Community Development that a school impact fee was paid. 4. Prior to the BOCC signature on the plat, the Applicant shall provide a weed management map and/or inventory for both parcels. The applicant shall provide a weed management plan for any inventoried noxious weeds. A demonstration of compliance with this condition shall be provided by Garfield County Vegetation Management. 5. Prior to the BOCC signature on the plat, the applicant shall update the well sharing agreement to correct the legal descriptions, attached as exhibits to the agreement, to reflect the proposed parcels, or provide additional information as to why the existing legal descriptions are correct. 6. Prior to the BOCC signature on the plat, the applicant shall provide a demonstration of a legal water supply for both parcels. This demonstration shall be reviewed and accepted by the Community Development Department and the County Attorney's Office. Other Conditions 7. All representations of the applicant within the application shall be considered conditions of approval unless otherwise modified by the Community Development Director or the Board of County Commissioners. 8. Future development that requires a building permit and requires a new roof shall be required to have roof materials made of noncombustible materials or other materials as recommended by the local fire agency. 9. It is recommended that property owners follow "bear aware" practices as recommended by Colorado Parks and Wildlife. 16 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. 14) Ar Mailed notice was completed on the l0.--- day of . 201.b 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. ==te 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] — 1 y're ar e M rx04; ,(p M t per t► t MA) Eys r S • Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the day of , 20_ • Please attach proof of publication in the Rifle Citizen Telegram. O My application required Posting of Notice. Notice was posted on the day of , 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 aboveOkoa-4 information is true and accurate. Name: Signature: Date: o 2.019 0' .A N ri m .0 -u1 N 0 0 0 r—1 ru 0 U.S. Postal Service' CEfITlFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.Com_. rra C Codified Mall Fee $ Extra Services & Fees (carefree; ❑ Rat Receipt fnerddeery) ❑ Rehm Recuse c.i.ctucxaU ❑ Certified We Reed Deity v ['Adult Bim Theron Required ❑Amuu Signature Resumed Delivery PosrMge L . nreau of Land Ma ement x':300 River Frontage Ro. 816 CO 81652 Q�S ; SECTION ON DELIVERY PS Form 3800, April 2015 PSN 7530.52-00-09047 see Reverse 10r Instructions PS Form 3811, July 2015 PSN 7530-02-000-9053 m r m 11 .Lc, N 0 0 0 0 0 ri N ru ..D a 0 N U.S. Postal Service" CEP'T;FIED MAIL® RECEIPT Domestic Mail Only For delivery information. visit our website at tvtvw.usps.Cem O Agent 0 Addressee ate of DeQlivery Less different *urn item 1? 0 Yes lelivery address below 0 No l noted Daltrey *ad Delivery $evaded Delivery bd Delivery o Priority Mall Express. ❑ Registered tali"' O Reclate ed Mali Rid o Receipt for rerchandise ❑ Signature Confirmation,. ❑ Signature Cont at on Restricted Delivery Domestic Retum Receipt SECTION ON DELIVERY OFFBCIAL USE Mau Fee PRINGg `$F_xva�`Sery .es Fheck bx add M ire aPP.P aa1 ❑ Return Reeeipt menxaoyi $ ❑ Return Receipt (elao04C) $ ❑ Ce 8$ed Mau Reatdwd Delivery $ ❑Adult Sgneb.. Requaed e ❑Adult Sidman as, .d Delivery $ Postage $ T0'hRGKMBK Family LLC m 7436 Richards Drive Baton Rouge, LA 70809 PS Form 3800, April 2015. PSN 7530.02-000-9047 f See Reverse for Instruction, _1��JlJ gas different from Item 1? 0 Yes slivery address below: 0 No O Agent 0 Addressee C. Date of Delivery ❑ Priority Mall Expanse 0 Registered Mal"' Delivery 0 Begged Mall Restricted Deed Delivery 0 Return Receipt for Merchandise ieaalcted peavey 0 Signature Confirmation"' o Signature Confirmation led Delivery Restricted Delivery PS Forth 3811, July 2015 PSN 7530-02-000-9053 0 ea r -i m Ln0 0 0 0 0 rR N ru .D 1% - U.S. U.S. Postai Service" CERT:MD MAIL® RECEIPT Domestic Marl Only For delivery information. visit our website at www.usps.corlt'. AL USE O F F I C Caraaed Mali Fee Extra Services & Feed Mee* We, add M e ❑ Return Receipt Itrerdcop) $ ❑ Reran Racet8 aectr«tic) 5 ❑certified Mau R.sUlcted D.l7 $ ❑bus Signature Required $ ❑bull Signature Remitted Delivery $ OD 6P APRPostage 6 2018 3 � Ibm Frances Crawford /Betts serr,7202 County Road'100 affiCarbondale, CO 81623 try 0 0 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions T Domestic Return Receipt b a S EXHIBIT 2_ S SECTION ON DELIVERY J(,'In 0 Agent 0 Addressee P Mired IC. Date of Delivery tress • from Item 1? 0 Yes ielivery address below: O No o Rented Delivery aed wary Restricted Delivery ted Delivery 0 Priority Mall Express® 0 Registered Matra 0 =red Mall Restricted 0 DReettlurn Receipt for Merchandise o Signature Confirmation,. O Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-o2-000-9053 Domestic Return Receipt 7563 1790 0272 5342 r-1 D rzi m Tat',arretta LLC r`-• wr.". 000 Walton Parkway, S 1-1 C:1 'SR JPw Albany, OH 43054 r - U.S. Postal Service - CERTIFIED MAIL® RECEIPT Domestic Marl Only For delivery information. visit our website at www.usps.c0117'. 0 F I C Extra Services & Fees (check 80,. add 0 Retum Receipt (hardcopy) $ o Renun Recept (electronic) Cedthed Mall Restricted Delivery El Adult Signgrture Required 0 Adult signature RestriCad Delivery $ Postage rn Lfl D ru ti Chair Vista LLC j3 s. 132 Midland Avenue, ®Basalt, CO 81621 PS Form 3800, April 2015 PSN 7530-02.000-9047 See Reverse for Instructions U.S. Postal Service CERTIFIED MAIL® RECEIPT Domestic Marl Only For delivery information, visit our website et www.usps.com''. USE Certified Mall Fee $ ?vices ees (cheek bac add fee es Retum Receipt (hardcopy) $ _ 0 Return Receipt (electronic) CerefleJ Mail Restrleted Denvery $ 0 Adult Signsiare Pagano 0 Adult 64gretwe Restriote0 Deevery Postage m c0 ItNi• f-9 rn -o PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse tor Instructions U.S. Postal Service - CERTIFIED MAIL® RECEIPT Domestic Marl Only For delivery information. viSit our •Nps.corn. r Certified Mall Fee $ r- EXtxrr servictis& 560$ (ch.* $0.. Dlieturn Receipt (RenicOPY) cl $ 0 Return Receipt (electronic) $ 0 0 cortthod FAIL n.tricteci Deuvey $ Cl , 0 Mutt Signature Required $ C:1 El mutt Sprestuns Resalcted Dellvery $ Postage D #0. lalcieapaisaa) $ Total ru 'iinothy M. Rafferty,lt,,. ,j3 Sent 65 Rabbit Road siieill'arbondale, CO 81623 r - He PS Form 3800, April 2015 PSN 7530-92.000-9047 See Reverse for instructions COLORADO GEOLOGICAL SURV F Y 1801 19th Street Golden, Colorado 80401 April 17, 2018 Patrick Waller Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Subject: RGKMBK Family LLC and Frances Betts Minor Subdivision File Number MISA-02-18-8607; Garfield County. CO; CGS Unique No. GA -18-0006 Location: Section 18, T7S, R87W of the 6th P.M. 39.4464, -107.159 Karen Berry State Geologist Dear Mr. Waller: Colorado Geological Survey has reviewed the above -referenced minor subdivision referral. I understand the applicants seek a legal, two -lot subdivision of approximately 35 acres located at 7201 and 7202 County Road 100, in the Missouri Heights area northeast of Carbondale. Both proposed lots are currently improved with single-family residences, onsite wastewater systems, and a shared well. CGS has no objection to approval of the two -lot minor subdivision application as submitted. According to Garfield County geologic hazard mapping, the site is located within an area of "Low hazard, expansive or corrosive soil, soil creep, PUS [potentially unstable slopes]." Since the site does not contain significant slopes, the soil creep and PUS hazards are probably not applicable. However: Subsidence hazard. According to available geologic mapping (Geologic Map of the Carbondale Quadrangle, Garfield County, Colorado: CGS, 2008, Map Series 36, scale 1:24,000), the site is underlain by collapse deposits, formed in response to differential collapse resulting from dissolution of underlying evaporite. Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are an ongoing concern in this area. Ground subsidence related to the dissolution of evaporite bedrock is an unpredictable risk that should not be ignored. The applicant, owners, and potential purchasers should be advised of the sinkhole potential, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole. 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'Carlson, C.E.G. Engineering Geologist GA -18-0006_1 RGKMBK Family LLC and Frances Betts Minor Subdivision 3:25 PM, 04/17/2018 April 16, 2018 Mr. Patrick Waller Garfield County Planning 108 8`" Street, Suite 401 Glenwood Springs, CO 81601 MOUNTIAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Review of the RGKMBK Family, LLC and Frances Betts Minor Subdivision Application: MISA-02-18-8607 Dear Patrick: This office has performed a review of the documents provided for the RGKMBK Family, LLC and Frances Betts Minor Subdivision Application. The submittal was found to be thorough and well organized. The review generated the following comment: • The water quality testing of the well water only included coliform. The Applicant should refer to Section 4-203.M.1.b(5)(c) of the LUDC for the additional testing required and submit the results to Garfield County for review. Feel free to call if you have any questions or comments. Sincerely, Mountain ross Engineers g, Inc. 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com EXHIBIT Garfield County Road & Bridge April 2, 2018 RE: File # MISA-02-18-8607 RGKMBK Family LLC and Frances Betts Minor Subdivision 7201 and 7202 County Road 100 Carbondale, CO 81623 Patrick, Garfield County Road and Bridge have no concerns with this application. Thanks for the opportunity to review. Mike Prehm Foreman Garfield County R&B 0298 County Road 333A Rifle CO. 81650 (970) 625-8601 Office (970) 625-8627 Fax Garfield County To: Michael Lafferty — Rocky Mountain Surveying From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Kadair-Betts Minor Subdivision Final Plat Date: 04/14/2018 SURVEYOR SCOTT AIBNER, P.L.S EXHIBIT Michael, Upon review of the Kadair-Betts Minor Subdivision Final 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 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, 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 April 23, 2018 Garfield County Patrick Waller Garfield County Community Development Department Vegetation Management n EXHIBIT RE: MISA-02-18-8607 Dear Patrick, Staff requests that the applicant map and/or inventory the 34.95 acre parcel for Garfield County listed noxious weeds and provide a management plant for any inventoried noxious weeds. The county noxious weed list is attached. The Mt. Sopris Conservation District does provide noxious weed mapping at no charge to county landowners if the applicant is interested. Their contact number is (970) 404-3438. Sincerely, e-7 Steve Anthony Garfield County Vegetation Manager 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456 Patrick Waller From: Rob Goodwin <rgoodwin@carbondalefire.org> Sent: Monday, April 23, 2018 3:05 PM To: Patrick Waller Cc: Bill Gavette Subject: RE: Garfield County Referral Request - RGKMBK Family LLC and Frances Betts Minor Subdivision EXHIBIT Patrick, We have reviewed the application and we have no issues or comments to add. Looks good. Thanks much, Rob Goodwin Chief Carbondale & Rural Fire Protection District 301 Meadowood Drive Carbondale, CO 81623 rgoodwin@carbondalefire.org Ph: 970.963.2491 Fax: 970.963.0569 I IRE- EMS- RESCUE From: Patrick Waller [mailto:pwaller@garfield-county.com] Sent: Thursday, April 19, 2018 8:28 AM To: Rob Goodwin <rgoodwin@carbondalefire.org> Subject: FW: Garfield County Referral Request - RGKMBK Family LLC and Frances Betts Minor Subdivision Hi Rob, Just checking -in, please let me know if you have any comments on this application. Thanks very much for your review, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Patrick Waller From: Taylor Elm - DNR <taylor.elm@state.co.us> Sent: Tuesday, April 24, 2018 10:24 AM To: Patrick Waller Subject: Re: FW: Garfield County Referral Request - RGKMBK Family LLC and Frances Betts Minor Subdivision EXHIBIT l Hey Patrick, I got a chance to look at the proposed parcels on my GIS and due to the existing structures on the lots, there should not be significant wildlife impacts from this proposal. As always, we encourage residents to follow "bear aware" practices and keep their dogs from roaming free. Let us know if there's any specific info that would be helpful. 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 On Mon, Apr 23, 2018 at 11:44 AM, Patrick Waller <pwallergarfield-county.com> wrote: Hi Taylor and Scott, I realized I forgot to send this over to you. It is a proposal for a Minor Subdivision (2 -lots) on Missouri Heights. The single-family residences are already developed. Not sure if you all have any comments, but I figured I would shoot it over. Apologies for not giving the full referral time, but it would be great if you have any comments by Wednesday. If you don't have any that is great as well. Thanks for your review, Patrick Waller Senior Planner 1 COLORADO Division of Water Resources Department of Natural Resources April 27, 2018 Patrick Waller Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Re: RGKMBK Family, LLC Et Frances Betts Minor Subdivision, MISA-02-18-8607 Section 18, Twp. 7S, Rng. 87W, 6th PM Water Division 5, Water District 38 Dear Mr. Waller We have reviewed the above -referenced proposal to allow the subdivision of a parcel of approximately 35 acres into two residential lots of approximately 17.5 acres each. The project's addresses are 7202 and 7201 County Road 100, Carbondale, 81623. The water supply for the two lots is from an existing shared well and each lot has an individual OWTS. The types of water use and estimated amounts for each use were not provided, though, per the referral materials, there are two existing single family residences, one built in 1993 and the other in 2007. The water for the two lots is provided by a shared well, currently permitted under well permit no. 162919. Permit no. 162919 was issued pursuant to C.R.S. 37-92- 602(3)(b)(II)(A) on February 12, 1999 to construct a well under the condition that the well is the only well on a tract of land of 35.08 acres. The use of the welt is limited to ordinary household purposes in up to three single family dwellings, fire protection, the watering of poultry, domestic animals, and livestock on a farm or ranch, and the irrigation of not over one acre of home gardens and lawns. The well was constructed on March 5, 1993 to a depth of 260 feet. The applicant submitted a report prepared by Samuelson Pump Co., Inc., dated November 28, 2017 indicating that a four hour pump test was performed on the well serving the residence at 7201 County Road 100. According to the report, the well was drawn down from the standing water level of 190.82 feet to 191.01 feet during the four hour test and recovered back to the 190.82 foot level within three minutes. The test indicates that the well is capable of producing over 24 gallons per minute. 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. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water John W. Hickenlooper, Governor 1 Robert Randall, Executive Director 1 Kevin G. Rein, State Engineer/Director Patrick Waller, Garfield County Community Development Department April 27, 2018 RGKMBK Family, LLC 8 Frances Betts Minor Subdivision Page 2 of 2 Accordingly, if the parcel is subdivided, the presumption under CRS 37-92-602(3)(b)(II)(A), that there will not be material injury to the vested water rights from such a well, will no longer apply. 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 well, including existing wells. If the applicant intends to use the existing well, currently permitted under permit no. 162919, to supply any of the proposed lots then pursuant to the State Engineer's Policy 2011-1, a new welt permit issued pursuant to a decreed plan for augmentation will be required. Pursuant to Section 30-28-136(1)(h)(1), C.R.S., the State Engineer offers the opinion that due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the well, the proposed water supply plan will cause material injury to existing water rights and is inadequate. Please contact me if you or the applicant has any questions concerning this matter. Sincerely, Megan Sullivan, P.E. Water Resources Engineer MAS\mas\ RGKMBK Family LLC Et Frances Betts Minor Subdivision CDWR Comments