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Home My WebLink About2.0 Staff Report - DD 06.23.2021Robinson Minor Subdivision Exhibits Administrative Review File No. MISA-01-21-8825 Applicant – Steve & Robin Robinson June 23, 2021 Exhibit Letter (Numerical) Exhibit Description 1 Staff Report 2 Public Hearing Notice Information 3 Receipts from Mailing Notice 4 Garfield County Land Use and Development Code, as amended 5 Garfield County Comprehensive Plan 2030 6 Application 7 Referral Comments from Garfield County Consulting Engineer 8 Referral Comments from Garfield County Building Dept. 9 Referral Comments from Colorado River Fire Rescue 10 Referral Comments from Garfield County Sheriff 11 Referral Comments from Garfield County Public Health 12 Referral Comments from Colorado Geological Survey 13 Referral Comments from Colo Division of Water Resources 14 Referral Comments from Garfield County Assessor 15 Referral Comments from Xcel Energy 16 17 18 19 20 21 File No. MISA-01-21-8825 Director’s Determination VLH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Administrative Review - Minor Subdivision APPLICANT (OWNER) Steve & Robin Robinson REPRESENTATIVE Neil Goluba SURVEYOR Bookcliff Survey Services LEGAL DESCRIPTION The W½ of SW¼ & the W½ of the NE¼ of the SW¼ of Sec 25 T5S, R92W 6th PM Garfield County, CO. and known by Garfield County Accessor’s Parcels #2127-253-00-068. PRACTICAL DESCRIPTION A Minor Subdivision to divide a 44 acre parcel into a 21 acre lot and a 23 acre lot. ZONING Rural Zone District RECOMMENDATION Approval with Conditions I.DESCRIPTION OF THE PROPOSAL The Applicant is requesting a Minor Subdivision to divide a 44 acre parcel into a 21 acre lot and a 23 acre lot. The property is currently known by Assessor’s parcel Number 2127-253-00-068. The property is not currently addressed. It is generally located at the intersection of CR 237 and CR 250 in Silt CO. A shared access drive from CR 237 will provide access to both proposed lots. Proposed Lot 1 will be provided water service from an existing permitted well. Proposed Lot2 will be serviced by a new well to be drilled following approval of the Minor Subdivision request. Wastewater treatment will be provided by individual septic systems which will be constructed following approval of the Minor Subdivision request. A copy of the proposed Robinson Minor Subdivision Plat is attached. II.DESCRIPTION OF THE SITE Exhibit 1 2 The property is located northwest of the Town of Silt at the northwest corner of the intersection of CR 237 and CR 250. An existing driveway access is taken from CR 237. The property is currently vacant and used for agricultural purposes. The property has a recently constructed dam and pond, as well as numerous irrigation ditches. Illustration 1: Vicinity Map 3 Illustration 2: Aerial Map Illustration 3: Site Aerial 4 Photo - Property Viewed From East Illustration 4: Proposed Plat (Also, See Attached) 5 III. AUTHORITY - APPLICABLE REGULATIONS This Minor Subdivision Application was processed in accordance with Section 5-305, Amended Final Plat Review and Table 5-103 Common Review Procedures. Sections 4-103 and 4-101 address details of the Minor Subdivision review procedures. The Minor Subdivision Application was reviewed in accordance with Section 5-301 A. Overview and C. Review Criteria. The application has also been reviewed according to the Standards of Article 7, Divisions 1 - 4 and compliance to the Comprehensive Plan Update. IV. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. Referral Comments received on the Application are attached as Exhibits and summarized below. 1. Garfield County Public Health: No water quality testing provided. a.) Water testing and pump test as condition of approval. b.) The use of Onsite Wastewater Treatment Systems (OWTS) is feasible for this location. 2. Colorado Geological Survey: The site is not undermined, does not contain steep slopes, and no known geologic hazards are present that would preclude the proposed two-lot subdivision. CGS therefore has no objection to approval. The site is underlain by sheetwash deposits consisting of pebbly silty sand and sandy silt. Potential development constraints that should be addressed through a site-specific geotechnical investigation, once building locations have been identified and prior to building permit application, include but are not necessarily limited to: • Hydrocompaction (collapse, compression, or consolidation in response to wetting), • Soils that are highly corrosive to uncoated steel, and • Expansive soils and bedrock. Clayey pockets and lenses within the surficial soils, and claystone layers within the underlying bedrock (Molina Member of the Wasatch Formation) may be expansive, exhibiting potentially damaging volume changes in response to changes in water content. 3. Garfield County Road & Bridge: No response. 4. Garfield County Sheriff: No issues or concerns. 5. Garfield County Building: All new structures must obtain building Permit. 6. Colorado Division of Water Resources: It is our opinion that the proposed water supply will not cause material injury to decreed water rights as long as the applicant 1) restricts the use of the existing well to one of the lots of the subdivision and operated it in accordance with the current permit and 2) maintains a valid well permit for the well on the other lot pursuant to a court approved plan for augmentation. Adequate evidence that a water supply will be available is required. 6 7. Mountain Cross Engineering/Consulting Engineer: Provided the following comments: - Provide a 4-hour well pump test and water quality analysis for the new well. - Provide a water quality analysis for the existing well. - Clarify if the existing well requires a water contract. - Explain how water rights will be split between lots. - Are there existing easements for the existing power lines? - Explain OWTS feasibility for Lot 1. - Explain when & how driveway improvements will occur. 8. Colorado River Fire Rescue: All homes in the proposed subdivision should have individual address based on mile marker measurements on CR 237 or CR 250, and that addresses be posted on the driveway entrance so the address can be seen from CR 237 or CR 250. 9. County Assessor: No concerns. 10. Xcel Energy: Responded with the following: 1. Accurate BTU loads for the new homes will be required. 2. If determined by area engineer that reinforcement is needed to Xcel's gas main to support added loads from subdivision, said reinforcement will be at Developers expense. 3. Reinforcement costs are required to be paid prior to installation. 4. Tariff changes have taken effect as of 10/1/2019 affecting the cost of subdivision lots averaging less than 60'. They will have a standard cost per lot. The Community Development Department has received one comment from the public as a result of the public notices provided by the applicant as required for this Minor Subdivision application. That comment is attached and summarized as: 1. As I look directly down on the property, it has become a storage yard. And to me an eye sore. 2. They bought the property recently with one deed as a single parcel. The division immediately adds density to an area that was just recently approved as a sub-division. 3. Water rights – do they have enough to create ponds? 4. Water well, how will this affect those around them. V. STAFF ANALYSIS AND CRITERIA COMPLIANCE WITH ARTICLE 7 Division 1 General Standards 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. Parcel A-2 meets the minimum lot size of 2 acres for the Rural zone district. Section 7-102: Conformance with Comprehensive Plan and Compliance with IGAs 7 The property is designated within the Town of Silt Area of Influence (3 Miles). Section 7-103: Compatibility The parcel is surrounded by rural residences and agricultural resource land uses. Surrounding zoning includes Rural. The Asgard Subdivision is adjacent to the north and west and to the south are Mobley and Peach Valley Orchard. The proposed subdivision is compatible with these uses. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The applicant has provided documentation of an existing well and permit (#316448). The CDWR has confirmed ability to use this well for Lot 1 water source. Lot 2 will require a new well, which the owner has secure the permit (#85019-F) to drill. The use of the new well will require maintenance of the augmentation contract with West Divide Water Conservancy. Current documentation of adequate water supply, quality and dependability will be required prior to recording the plat. Section 7-105: Adequate Central Water Distribution and Wastewater Systems The applicant has submitted documentation of adequate OWTS feasibility. Section 7-106: Adequate Public Utilities Xcel Energy requires additional documentation to evaluate the need for reinforcement requirements. Costs associated with reinforcement will be born by the developer/customer. Section 7-107: Access and Driveways The applicant has demonstrated adequate access and driveways. Section 7-108: Natural Hazards The County’s GIS Mapping identifies the potential for flood hazards on the eastern edge of the property, on the east side of County Road 237. Standard required Rural zone district front yard setbacks from CR 237 will prevent encroachment into this potential flood hazard area. 8 Potential Flood Hazard Section 7-109: Fire Protection The subject property is served by the Colorado River Fire Protection District. The Fire District requests that addresses be based upon mile marker measurements on CR 237 and visible from CR237. Division 2 General Resource Protection Standards Section 7-201 Agricultural Lands A portion of the subject property is identified on the County GIS Mapping as Important Farmlands, Prime Irrigated. Another portion is identified as Prime If Irrigated and another Hi Potential Dry, Prime if Irrigated. See below. This area is currently being used for agricultural purposes. No adverse impacts to the existing agricultural use either on the property or on adjacent properties have been identified. Colorado’s "Right-to-Farm" legislation, pursuant to C.R.S.35-3-11, have been included as a plat note on the proposed plat. Section 7-201.E.5 requires that ditches shall have maintenance easements indicated and that, “the Applicant shall provide a letter from the ditch owner accepting that the development will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible.” 9 Important Farmlands, Prime Irrigated Section 7-202 Wildlife Habitat Areas No significant wildlife habitats have been identified. Plat notes requiring compliance with Colorado Parks and Wildlife specifications for wildlife friendly fencing and restrictions on domestic dogs will be required to be added to the plat. Section 7-203 Protection of Waterbodies The property contains two man-made ponds/reservoirs and multiple irrigation ditches. Each waterbody is required to have a 35 foot setback. Section 7-204 Drainage and Erosion No new improvements are proposed as part of this application and no changes to existing drainages are proposed. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. 10 Section 7-206 Wildfire Hazards The subject property is served by the Colorado River Fire Protection District. Section 7-207 Natural and Geologic Hazards Refer to Section 7-108 of this report above. Section 7-208 Reclamation No additional disturbances are proposed at this time as part of this subdivision. Division 3, Site Planning and Development Standards Section 7-301 Compatible Design The proposed lots and uses are generally compatible with surrounding rural residential and agricultural land uses. Division 4, Subdivision Standards and Design Specifications Section 7-401 General Subdivision Standards The proposed plat meets the general subdivision standards. Section 7-402 Subdivision Lots The proposed lots meet the LU&DC standards. Section 7-403 Survey Monuments Compliance with these requirements will be confirmed through referral of the plat to the County Surveyor’s Office. Compliance with any referral comments, corrections, and/or edits required by the County Surveyor will be included as Conditions of Approval. Section 7-404 School Land Dedication The applicant will be required to pay the School Land Dedication fee for the newly created lot prior to BOCC signature on the plat. Section 7-405 Road Impact Fees New residential construction will be required the Road Impact Fees as part of future building permit. Article 5, Section 5-301 Minor Subdivision Review Criteria 1.The Applicant’s proposal was reviewed for compliance with Section 5-301.C. Minor Subdivision Review Criteria as follows: 1.It complies with the requirements of the applicable zone district and this Code, including Standards in Article 7, Divisions 1, 2, 3 and 4. Staff Analysis: The proposal is in compliance with the standards contained in Article 7, Divisions 1, 2, 3, and 4. More specifically the application is in 11 compliance with:  Section 7-101: The Land Use Change shall comply with Article 3, Zoning.  The proposal meets the zone district standards of the Rural zone district. 2. It is in general conformance with the Comprehensive Plan. Staff Analysis: The staff finds compliance with the Garfield County Comprehensive Plan. Staff’s analysis includes compliance to:  Chapter 2 Future Land Use - The property is located within the Area of Influence for the Town of Silt on the Future Land Use Map.  Section 5 – Recreation, Open Space and Trails and Section 6 - Agriculture – The proposal continues the primary use of the property as agricultural uses. A plat note has been added to the proposed plat reflecting the County’s Right-to-Farm policy.  Section 7 - Water and Sewer Service – Additional documentation of water quantity and quality is required prior to recording the plat  Section 8 - Natural Resources – Recommendations of the Colorado Geologic Survey will be incorporated into the Conditions of Approval. 3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water supply for each lot. Staff Analysis: The applicant has submitted documentation of an existing well and permit for Lot 1 and a new well permit for Lot 2. Documentation of water quantity and quality from these wells will be required prior to recording the plat. 4. Satisfactory evidence of adequate and legal access has been provided. Staff Analysis: Demonstration of adequate access has been provided. 5. Any necessary easements including, but not limited to, drainage, irrigation, utility, road, and water service have been obtained. Staff Analysis: The Applicant will be required to address the need for additional easements prior to recording the plat. 6. The proposed Subdivision has the ability to provide an adequate sewage disposal system. Staff Analysis: The applicant has submitted adequate documentation of the feasibility for OWTS on each new lot. 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. Staff Analysis: No specific hazards have been identified, however the potential for construction constraints exist and will need to be addressed on a site specific bases for new construction. 12 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. Staff Analysis: The only new facility that is necessary is construction of a new water well for Lot 2 which the Applicant will construct the well prior to recording the plat. 9.All taxes applicable to the land have been paid, as certified by the County Treasurer’s Office. Staff Analysis: The applicant will be required to provide proof of current year tax payment through a Tax Report from the Treasurer’s Office prior to recording the plat. 10.All fees, including road impact and school land dedication fees, shall be paid. Staff Analysis: No new Road Impact fees are due at this time. The applicant will be required to pay the School Land Dedication fee for the newly created lot prior to BOCC signature on the plat. 11.The Final Plat meets the requirements per section 5-402.F., Final Plat. Staff Analysis: The plat submitted for review will require several minor revisions which must be made prior to finalizing the plat for recording. VI.SUGGESTED FINDINGS AND RECOMMENDATION Staff supports a finding that the proposed Minor Subdivision Application meets the requirements and standards of the Garfield County Land Use and Development Code as amended and is recommended for Administrative Approval by the Director of the Community Development Department subject to the following conditions of approval: Suggested Findings 1.That proper public notice was provided as required for the Director’s Decision. 2.Consideration of the Application was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were given an opportunity to provide input prior to the Director’s decision. 3.That for the above stated and other reasons, the proposed amended plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4.That the application is in general conformance with the 2030 Comprehensive Plan, as amended. 13 5. That with the adoption of proposed conditions and for the above stated and other reasons the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Recommended Conditions of Approval 1. All representations of the Applicant contained in the Application submittals shall be conditions of approval unless specifically amended or modified by the conditions contained herein. 2. Prior to BOCC signature on the Plat, the Applicant shall provide up‐to‐date pump tests for both the existing water well, Permit #316448, on Lot 1 and the new well, Permit #85019‐ F to be constructed on Lot 2 that meet the standards in Section 4‐203(M)(1)(b)(5)(a). The pump tests shall include representation by a qualified professional that the pump rates for the well is adequate for the proposed uses. 3. Prior to BOCC signature on the Plat, the Applicant shall provide up‐to‐date water quality tests for both the existing water well, Permit #316448, on Lot 1 and the new well, Permit #85019‐F to be constructed on Lot 2 that meet the standards in Section 4‐ 203(M)(1)(b)(5)(c). The water quality tests shall include representations by a qualified professional that the water quality for the well meets the County’s primary drinking standards. 4. Prior to BOCC signature on the Plat, the Applicant shall demonstrate compliance to Section 7‐201.E.5 which requires that ditches shall have maintenance easements indicated and the Applicant shall provide a letter from ditch owners accepting that the development will have no impact on their ability to maintain the ditch and that an adequate maintenance easement is possible. 5. Prior to the BOCC signature on the Plat the Applicant shall pay applicable current Garfield County taxes. 6. Prior to the BOCC signature on the Plat the Applicant shall pay applicable School Land Dedication Fees in compliance with Section 7‐404.C. LUDC. 7. The Plat shall be revised according to the following and be subject to final review and approval by County Staff, including Garfield County Attorney’s Office and Garfield County Surveyor, prior to submittal of the Mylar plat for final execution, BOCC signature and recording. a. Add a plat note that states: A geotechnical investigation shall be required for all future improvements requiring a grading permit or building permit to include but are not necessarily limited to: • Hydrocompaction (collapse, compression, or consolidation in response to 14 wetting), • Soils that are highly corrosive to uncoated steel, and • Expansive soils and bedrock. Clayey pockets and lenses within the surficial soils, and claystone layers within the underlying bedrock (Molina Member of the Wasatch Formation) may be expansive, exhibiting potentially damaging volume changes in response to changes in water content. b. Add a plat note that states: ‘Lot owners shall maintain compliance with all existing Division of Water Resources well permits and conditions contained therein and compliance with any Division of Water Resources requirements for updating, amending, or reissuing permits serving the properties.’ c. Add a purpose statement to the plat. d. Add a plat note that states: “Upgrades to Xcel Energy’s gas infrastructure may be necessary to support added loads from these lots. These upgrades will be at the customers expense prior to installation. Customers should contact Xcel Energy for details.” 8. Once all conditions of approval have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party and the Treasurers Certificate of Taxes Paid signatures prior to scheduling for a future available commissioner meeting. 9. The Applicant has 90 days within which to satisfy conditions of approval (subject to extensions authorized by Directors Decision) and provide the following documentation for BOCC signature and recordation: a. A plat Mylar with signed Certificates that include Dedication, Ownership, Title, Taxes, Applicant’s Surveyor, Lienholders and any mortgagees. b. Recording fees. Exhibit 2 Exhibit 3 Exhibit 7 1 Vince Hooper From:Andy Schwaller Sent:Thursday, May 13, 2021 9:10 AM To:Vince Hooper Subject:RE: Referral Comment Request - Robinson Minor Subdivision Other than building permits are required for all new structure construction, I do not have any comments. Andy From: Vince Hooper <vhooper@garfield‐county.com> Sent: Wednesday, May 12, 2021 10:29 AM To: Kelly Cave <kcave@garfield‐county.com>; Casey Lawrence <clawrence@garfield‐county.com>; Andy Schwaller <aschwaller@garfield‐county.com>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Anna Cochran <acochran@garfield‐county.com>; Ted White <twhite@garfield‐county.com>; mprehm@garfield‐county.com; Dan Goin <dgoin@garfield‐county.com>; Harry Shiles <hshiles@garfield‐county.com>; Dale Stephens <dstephens@garfield‐ county.com>; lburris@garcosheriff.com; Scott Aibner (saibner@comcast.net) <saibner@comcast.net>; Steve Anthony <santhony@garfield‐county.com>; Killian, Brian brian.killian@state.co.us <Killian>; Brian brian.killian@state.co.us; megan.sullivan@state.co.us; Chris@mountaincross‐eng.com; orrin.moon@crfr.us; cjay@garfieldre2.org; Sharie.Prow@co.usda.gov; swcd@rof.net; rwinder@holycross.com; stewart.v.clark@xcelenergy.com; kelli.flenniken@xcelenergy.com; jason.sharpe@centurylink.com; samantha.l.wakefield@xcelenergy.com Subject: Referral Comment Request ‐ Robinson Minor Subdivision Referral Agency, Please find attached a request for you review and comment on a Minor Subdivision application to subdivide a 44 acre parcel into two lots. The property is not currently addressed, but is generally located at the intersection of CR 237 and CR 250, Silt, CO 81652. The property is known by Garfield County Accessors Parcel #2127‐253‐00‐068. Please provide any comments or concerns that you may have by June 2nd 2021. Contact me if you have any questions. Thank you. Vincent Hooper, PMP Garfield County Planner III 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)945‐1377 x 1614 Exhibit 8 Colorado River Fire Rescue Vince Hooper June 3, 2021 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Robinson Minor Subdivision Vince: This letter is to advise you that I have and reviewed File Number: MISA-01- 21-8825, Robinson Minor Subdivision located at CR 237 & 250 in Silt. The only request that we have is that all homes in the proposed subdivision have individual address based on mile marker measurements on CR 237 or CR 250, and that addresses be posted on the driveway entrance so the address can be seen from CR 237 or CR 250. I have no further requirements or concerns with this proposed minor subdivision as proposed in the referral. The additional dwellings will add minor impacts to CRFR or our response to that area. 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, Fire Marshal CRFR Exhibit 9 1 Vince Hooper From:Levy Burris <lburris@garcosheriff.com> Sent:Monday, May 17, 2021 10:01 AM To:Vince Hooper Subject:RE: [External] Referral Comment Request - Robinson Minor Subdivision The Sheriff’s Office has no issues or concerns regarding this minor subdivision request for File Number: MISA‐01‐21‐8825 Project Name: Robinson Minor Subdivision It should be noted that in the application it refers to Fire District as Burning Mountain FPD, this no longer exists and is part of the Colorado River Fire Protection District. Respectfully submitted, Levy Burris From: Vince Hooper <vhooper@garfield‐county.com> Sent: Wednesday, May 12, 2021 10:29 AM To: Kelly Cave <kcave@garfield‐county.com>; Casey Lawrence <clawrence@garfield‐county.com>; Andy Schwaller <aschwaller@garfield‐county.com>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Anna Cochran <acochran@garfield‐county.com>; Ted White <twhite@garfield‐county.com>; mprehm@garfield‐county.com; Dan Goin <dgoin@garfield‐county.com>; Harry Shiles <hshiles@garfield‐county.com>; Dale Stephens <dstephens@garfield‐ county.com>; Levy Burris <lburris@garcosheriff.com>; Scott Aibner (saibner@comcast.net) <saibner@comcast.net>; Steve Anthony <santhony@garfield‐county.com>; Killian, Brian brian.killian@state.co.us <Killian>; Brian brian.killian@state.co.us; megan.sullivan@state.co.us; Chris@mountaincross‐eng.com; orrin.moon@crfr.us; cjay@garfieldre2.org; Sharie.Prow@co.usda.gov; swcd@rof.net; rwinder@holycross.com; stewart.v.clark@xcelenergy.com; kelli.flenniken@xcelenergy.com; jason.sharpe@centurylink.com; samantha.l.wakefield@xcelenergy.com Subject: Referral Comment Request ‐ Robinson Minor Subdivision Referral Agency, Please find attached a request for you review and comment on a Minor Subdivision application to subdivide a 44 acre parcel into two lots. The property is not currently addressed, but is generally located at the intersection of CR 237 and CR 250, Silt, CO 81652. The property is known by Garfield County Accessors Parcel #2127‐253‐00‐068. Please provide any comments or concerns that you may have by June 2nd 2021. Contact me if you have any questions. Thank you. Vincent Hooper, PMP Garfield County Planner III 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970)945‐1377 x 1614 Exhibit 10 1 Vince Hooper From:Ted White Sent:Tuesday, June 1, 2021 10:57 AM To:Vince Hooper Subject:RE: Referral Comment Request - Robinson Minor Subdivision Vince, I have reviewed the application for a minor subdivision for the property identified by PIN 2127-253-00- 068. We agree with the condition of approval regarding the water testing and pump test mention in the application. Also, we agree that an OWTS for each lot is feasible in this location, based on the report by Water Resource Consultants. Let me know if you require further information from us regarding this application. Edward R. “Ted” White, P.E. Environmental Health Specialist III Garfield County Public Health 2014 Blake Ave. Glenwood Springs, 81601 www.garfield-county.com twhite@garfield-county.com 970-945-6614 x 8106 (main office) 970-230-2442 (mobile) Garfield County Public Health Department- working to promote health and prevent disease From: Vince Hooper <vhooper@garfield‐county.com> Sent: Wednesday, May 12, 2021 10:29 AM To: Kelly Cave <kcave@garfield‐county.com>; Casey Lawrence <clawrence@garfield‐county.com>; Andy Schwaller <aschwaller@garfield‐county.com>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Anna Cochran <acochran@garfield‐county.com>; Ted White <twhite@garfield‐county.com>; mprehm@garfield‐county.com; Dan Goin <dgoin@garfield‐county.com>; Harry Shiles <hshiles@garfield‐county.com>; Dale Stephens <dstephens@garfield‐ county.com>; lburris@garcosheriff.com; Scott Aibner (saibner@comcast.net) <saibner@comcast.net>; Steve Anthony <santhony@garfield‐county.com>; Killian, Brian brian.killian@state.co.us <Killian>; Brian brian.killian@state.co.us; megan.sullivan@state.co.us; Chris@mountaincross‐eng.com; orrin.moon@crfr.us; cjay@garfieldre2.org; Sharie.Prow@co.usda.gov; swcd@rof.net; rwinder@holycross.com; stewart.v.clark@xcelenergy.com; kelli.flenniken@xcelenergy.com; jason.sharpe@centurylink.com; samantha.l.wakefield@xcelenergy.com Subject: Referral Comment Request ‐ Robinson Minor Subdivision Referral Agency, Please find attached a request for you review and comment on a Minor Subdivision application to subdivide a 44 acre parcel into two lots. The property is not currently addressed, but is generally located at the intersection of CR 237 and CR 250, Silt, CO 81652. The property is known by Garfield County Accessors Parcel #2127‐253‐00‐068. Please provide any comments or concerns that you may have by June 2nd 2021. Contact me if you have any questions. Exhibit 11 GA-21-0013_1 Robinson Minor Subdivision MISA-01-21-8825 12:16 PM, 06/18/2021 Karen Berry State Geologist June 18, 2021 Vincent Hooper, PMP Garfield County Community Development vhooper@garfield-county.com Location: NW SW and NE SW Section 25, T5S, R92W, 6th P.M. 39.5853, -107.6719 Subject: Robinson Minor Subdivision File Number MISA-01-21-8825; Garfield County, CO; CGS Unique No. GA-21-0013 Dear Mr. Hooper: Colorado Geological Survey has reviewed the Robinson Minor Subdivision referral. I understand the applicant proposes to subdivide a 44-acre parcel located northwest of CR 237 and CR 250, north of Silt, creating two lots of 21 and 23 acres each. The site is not undermined, does not contain steep slopes, and no known geologic hazards are present that would preclude the proposed two-lot subdivision. CGS therefore has no objection to approval. The site is underlain by sheetwash deposits consisting of pebbly silty sand and sandy silt. Potential development constraints that should be addressed through a site-specific geotechnical investigation, once building locations have been identified and prior to building permit application, include but are not necessarily limited to: •Hydrocompaction (collapse, compression, or consolidation in response to wetting), •Soils that are highly corrosive to uncoated steel, and •Expansive soils and bedrock. Clayey pockets and lenses within the surficial soils, and claystone layers within the underlying bedrock (Molina Member of the Wasatch Formation) may be expansive, exhibiting potentially damaging volume changes in response to changes in water content. 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 COLORADO GEOLOGICAL SURVEY 1801 Moly Road Golden, Colorado 80401 Exhibit 12 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared S. Polis, Governor | Dan Gibbs, Executive Director | Kevin G. Rein, State Engineer/Director June 11, 2021 Vince Hooper, Planner III Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 84601 Re: Robinson Minor Subdivision, MISA-01-21-8825 Section 25, T5S, R92W, 6th PM Water Division 5, Water District 38 Dear Mr. Hooper: We have reviewed the above proposal to subdivide to subdivide a 44 acre parcel into a 21 acre lot and a 23 acre lot. The property is known by Garfield County Assessor’s Parcel #2127- 253-00-068. The water supply is to be from individual on-lot wells. An existing well is located on proposed lot 1 and the applicant has obtained a well permit to construct a well on proposed lot 2. No other information was provided regarding water requirements for the lots (i.e. total number of single family dwellings on each lot, lawn and garden irrigation, domestic animal watering, etc…) The applicant provided a copy of well permit No. 316448 in the submittal materials. According to our records Well Permit No. 316448 was issued to use an existing well constructed in 2004, pursuant to section 37-92-602(3)(b)(II)(A), C.R.S. which allows for a presumption of non-injury. The current permit requires the well to be the only (exempt) well on a 44 acre parcel described as a portion of the NW ¼ of the SW ¼ of Section 25, Township 5 South, Range 92 West, 6th P.M. The use of groundwater under the current well permit is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. Also included in the submitted materials is a copy of well permit 85019-F. This permit was issued on January 5, 2021 to construct a new well located in the NE ¼ of the SW ¼ of Section 25, Township 5 South, Range 92 West, 6th P.M. The well is to be operated in accordance with the West Divide Water Conservancy District Augmentation Plan approved by the Division 5 Water Court in case no. 02CW0123 (WDWCD contract #S201119SRR(a)). The use of the well is limited to fire protection, ordinary household purposes inside one (1) single family dwelling, an accessory dwelling unit, the irrigation of not more than 15,000 square feet of home gardens and lawns, and the watering of ten (10) non-commercial domestic animals. The well was constructed on February 24, 2021. However, to date, evidence of pump installation has not been received. The applicant should be aware that this permit will expire on January 5, 2022 unless a pump is installed or the permit expiration date is extended prior to this date. For subdivisions created after 1972, 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, a court Exhibit 13 Garfield County Community Development Department June 11, 2021 Robinson Minor Subdivision, MISA-01-21-8825 Page 2 of 2 decreed plan for augmentation plan is required to offset depletions caused by the pumping of any wells, including any existing wells, within the subdivision with one exception. With the adoption of Senate Bill 20-0155 on July 2, 2020, section 37-92-602(3) was amended to allow an existing exempt well operating under a permit issued pursuant to section 37-92- 602(3)(b)(II)(A), C.R.S., to retain its presumption of non-injury after the land on which the well is located has been divided. The existing well may only be used on a single parcel within the subdivision and the well must continue to be used in accordance with its permitted terms and conditions. Because Senate Bill 20-155 restricts the use of a qualifying exempt well to a single parcel (lot) within in a subdivision, the other lots/parcels of the subdivision within the area described on the exempt well permit, must have a different water supply such as a municipal water tap or non-exempt well. The existing well cannot be shared. To allow the existing well (current Permit No. 316448) on proposed lot 1 to retain its exempt status, the use of the well must be limited to one of the two lots and the other lot must have a different supply such as a well operating under a court decreed plan for augmentation such as the West Divide Water Conservancy District’s (BWCD) Augmentation Plan. No information was provided concerning the physical adequacy of the water supply. As stated in CRS 30-28-133(3)(d), the subdivider is required to submit “Adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed.” Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer or water consultant, which addresses the quality, quantity, and dependability issues. Evidence can also be provided in the form of a well pump test report for an existing well prepared by a well contractor. We recommend a minimum 4 hour test where water levels are recorded over timed intervals during pumping and then after to determine the recovery rate. A report of either type was not provided. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(h)(I), that the proposed water supply will not cause material injury to decreed water rights as long as the applicant 1) restricts the use of the existing well to one of lots of the subdivision and operates the well in accordance with the current permit, 316448, and 2) maintains a valid well permit for the well on the other lot pursuant to a court approved plan for augmentation, such as the one approved for West Divide Water Conservancy District. However, due to the lack of information, we are unable to comment on the physical adequacy of the water supply for the subdivision. 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: Robinson Minor Sub_CDWR Comments.doc 1 Vince Hooper From:Casey Lawrence Sent:Wednesday, May 12, 2021 11:30 AM To:Vince Hooper Subject:RE: Referral Comment Request - Robinson Minor Subdivision Good Morning Vince, Thank so much for forwarding this to me for review. I recall breaking this parcel out back when it was split per a deed conveyance. I took a look at the proposed plat and plotted the proposed lots into my map, and it seems to me that I’d be able to acknowledge this plat/minor subdivision for the purposes of assessment of the lands in the Assessor’s records, if/when it is approved and recorded. Of course if you wish to discuss please feel free to give me a call, otherwise I wish ya the best of luck on the rest of this project my friend! Have a great afternoon! Very Best, Casey D. Lawrence Assessor GIS Lead Analyst Garfield County Assessor’s Office 109 8th Street, Suite 207 Glenwood Springs, CO 81601 (970)945‐9134 ext. 2525 clawrence@garfield‐county.com From: Vince Hooper <vhooper@garfield‐county.com> Sent: Wednesday, May 12, 2021 10:29 AM To: Kelly Cave <kcave@garfield‐county.com>; Casey Lawrence <clawrence@garfield‐county.com>; Andy Schwaller <aschwaller@garfield‐county.com>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Anna Cochran <acochran@garfield‐county.com>; Ted White <twhite@garfield‐county.com>; mprehm@garfield‐county.com; Dan Goin <dgoin@garfield‐county.com>; Harry Shiles <hshiles@garfield‐county.com>; Dale Stephens <dstephens@garfield‐ county.com>; lburris@garcosheriff.com; Scott Aibner (saibner@comcast.net) <saibner@comcast.net>; Steve Anthony <santhony@garfield‐county.com>; Killian, Brian brian.killian@state.co.us <Killian>; Brian brian.killian@state.co.us; megan.sullivan@state.co.us; Chris@mountaincross‐eng.com; orrin.moon@crfr.us; cjay@garfieldre2.org; Sharie.Prow@co.usda.gov; swcd@rof.net; rwinder@holycross.com; stewart.v.clark@xcelenergy.com; kelli.flenniken@xcelenergy.com; jason.sharpe@centurylink.com; samantha.l.wakefield@xcelenergy.com Subject: Referral Comment Request ‐ Robinson Minor Subdivision Referral Agency, Please find attached a request for you review and comment on a Minor Subdivision application to subdivide a 44 acre parcel into two lots. The property is not currently addressed, but is generally located at the intersection of CR 237 and CR 250, Silt, CO 81652. The property is known by Garfield County Accessors Parcel #2127‐253‐00‐068. Please provide any comments or concerns that you may have by June 2nd 2021. Contact me if you have any questions. Thank you. Exhibit 14 1 Vince Hooper From:Wakefield, Samantha L <Samantha.l.wakefield@xcelenergy.com> Sent:Thursday, May 13, 2021 2:42 PM To:Vince Hooper Subject:RE: [External] Referral Comment Request - Robinson Minor Subdivision 1. Accurate BTU loads for the new homes will be required. 2. If determined by area engineer that reinforcement is needed to Xcel's gas main to support added loads from subdivision, said reinforcement will be at Developers expense. 3. Reinforcement costs are required to be paid prior to installation. 4.Tariff changes have taken effect as of 10/1/2019 affecting the cost of subdivision lots averaging less than 60'. They will have a standard cost per lot. Completion of this City/County review approval process does not constitute an application with Xcel Energy for utility installation. Applicant will need to contact Xcel Energy’s Builder’s Call Line/Engineering Department to request a formal design for the project. A full set of plans, contractor, and legal owner information is required prior to starting any part of the construction. Failure to provide required information prior to construction start will result in delays providing utility services to your project. Acceptable meter and/or equipment locations will Xcel has no objections, however the Developer needs to be aware that at the time of submitting an application with Xcel the following will be required and could happen be determined by Xcel Energy as a part of the design process. Additional easements may be required depending on final utility design and layout. Engineering and Construction lead times will vary depending on workloads and material availability. Relocation and/or removal of existing facilities will be made at the applicant’s expense and are also subject to lead times referred to above. All Current and future Xcel Energy facilities’ must be granted easement. Thank you. From: Vince Hooper <vhooper@garfield‐county.com> Sent: Wednesday, May 12, 2021 10:29 AM To: Kelly Cave <kcave@garfield‐county.com>; Casey Lawrence <clawrence@garfield‐county.com>; Andy Schwaller <aschwaller@garfield‐county.com>; Chris Bornholdt <cbornholdt@garcosheriff.com>; Anna Cochran <acochran@garfield‐county.com>; Ted White <twhite@garfield‐county.com>; mprehm@garfield‐county.com; Dan Goin <dgoin@garfield‐county.com>; Harry Shiles <hshiles@garfield‐county.com>; Dale Stephens <dstephens@garfield‐ county.com>; lburris@garcosheriff.com; Scott Aibner (saibner@comcast.net) <saibner@comcast.net>; Steve Anthony <santhony@garfield‐county.com>; Killian, Brian brian.killian@state.co.us <Killian>; Brian brian.killian@state.co.us; megan.sullivan@state.co.us; Chris@mountaincross‐eng.com; orrin.moon@crfr.us; cjay@garfieldre2.org; Sharie.Prow@co.usda.gov; swcd@rof.net; rwinder@holycross.com; stewart.v.clark@xcelenergy.com; kelli.flenniken@xcelenergy.com; jason.sharpe@centurylink.com; Wakefield, Samantha L <Samantha.l.wakefield@xcelenergy.com> Subject: Referral Comment Request ‐ Robinson Minor Subdivision Referral Agency, Please find attached a request for you review and comment on a Minor Subdivision application to subdivide a 44 acre parcel into two lots. The property is not currently addressed, but is generally located at the intersection of CR 237 and CR 250, Silt, CO 81652. The property is known by Garfield County Accessors Parcel #2127‐253‐00‐068. Please provide any comments or concerns that you may have by June 2nd 2021. Contact me if you have any questions. EXTERNAL - STOP & THINK before opening links and attachments. Exhibit 15 1 Vince Hooper From:Sheryl Howley Johnson <sherpa@sopris.net> Sent:Wednesday, June 16, 2021 7:28 AM To:Vince Hooper Subject:[External] Parcel No. 2127-253-00-068 Good Morning! I wanted to make comment regarding the parcel requesting a minor subdivide at the intersection of CR237 and CR250. I do understand and believe that as humans we would like the ability to use our land that we invest our hard‐earned money in, in a way that we find suited to our life‐style. And fundamentally don’t want to stand in the way of anyone doing just that. I also feel that I must advocate for myself to be sure my home retains its value. With that said, I have a couple concerns. 1. As I look directly down on the property, it has become a storage yard. And to me an eye sore. 2. They bought the property recently with one deed as a single parcel. The division immediately adds density to an area that was just recently approved as a sub‐division. 3. Water rights – do they have enough to create ponds? 4. Water well, how will this affect those around them. Enjoy today! Sheryl Howley Johnson 2658 Odin Dr. Silt, CO 81652