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Home My WebLink About2.00 Staff Report DD 07.26.2023i Shelton Minor Subdivision – Director’s Decision Packet Type of Review Minor Subdivision – Director’s Decision File No MISA-06-23-8969 Owners Shelton Properties LLC (Wayne Shelton) Representative Neil Goluba5 Engineer Zancanella & Associates Surveyor Legal Description Stars to Stones Surveying Section: 15 Township: 5 Range: 93 SENW & SWNE S OF ST. HWY 13 48 Acres Practical description Approximately 6 miles north of Rifle, southwest of Hwy 13. Parcel Number 212915200056 Lot sizes Currently about 48.101 acers. Proposed Lot 1 14.948 Acres, Proposed Lot 2 15.023 Acres. Proposed Lot 3 18.094 Acres Zoning Resource Lands - GS Comprehensive Plan Residential Medium High, Rifle Area of Influence, Resource Lands Staff Planner Philip Berry, AICP – Planner III Exhibit # Exhibit Description 1 Garfield County Land Use and Development Code, as Amended 2 Garfield County Comprehensive Plan 2030 3 Application 4 Staff Report 5 Referral Comment – Consulting Engineer 6 Referral Comment – CDOT 7 Referral Comment – CPW 8 Referral Comment – CGS 9 Referral Comment – Sheriff’s Office 10 Referral Comment –Garfield County Public Health File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 1 Exhibit 4 SHELTON MINOR SUBDIVISION – STAFF REPORT I. DESCRIPTION OF THE PROPOSAL The proposed minor subdivision will create three lots from an existing, unplatted parcel surveyed as just over 48 acres in size (the Assessor’s Office has it as just over 49 acres). The lots are similar in size, ranging from 14.948 to 18.094 acres in size. A shared driveway with a single access point onto Hwy 13 will serve the lots. Each will have individual wells and onsite wastewater treatment systems (OWTS). The application’s draft plat is provided in Figure 3. II. DESCRIPTION OF THE SITE The site is located adjacent to Hwy 13. It is bordered by a large BLM owned parcel to the south, and its neighbors to the other sides are all privately owned. The resource land zone district extends to the privately held properties west of Hwy 13, while across the highway properties are zoned Rural. Additional BLM owned property is east of the highway, and all BLM land in the area is zoned Public Lands. Vicinity map shown below in figure 1. Government creek runs northwest to southeast through the eastern portion of the parcel and would cross all three proposed lots. Some steeper slopes exist in the southwestern portions of Figure 1 Vicinity Map File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 2 Exhibit 4 the parcel. The parcel slopes gently towards the creek from both directions, until it raises steeply along its southern boundary. A transmission line runs east/west through the southern portion of the property. Recently, a culvert was installed to allow for vehicles to traverse over Government Creek. This culvert is part of a driveway accessing the Highway. The creek has steep banks, further discussed in Article 7 with CGS’s referral comments. GIS data available to staff recognizes the creek as a Perennial stream. All of these features can be seen on the aerial provided below in Figure 2. III. COMPREHENSIVE PLAN The area is designated as Residential Medium on the Comprehensive Plan’s Future Land Use Map. The area is also within the Area of Influence of Rifle, and a small sliver of the southern portion of the parcel is Resource Land. The split designation will not impact the area’s compliance with the comprehensive plan’s goals and policies. IV. AUTHORITY - APPLICABLE REGULATIONS The Land Use and Development Code, as amended provides the primary source of regulatory elements related to the application. Any plat notes previously recorded will also be considered, as all as any applicable county, state, or federal statutes. The Garfield County Comprehensive Plan 2030 provides additional insight into the long-range consideration of land use decisions. While some portions of the Code are quoted below, the entirety of the Code was considered. Additional discussion included further in this report. Figure 2 Aerial of Site File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 3 Exhibit 4 Figure 3 Proposed Plat File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 1 Exhibit 4 V. REFERRAL AND PUBLIC COMMENTS Referral comments 1) Consulting Engineer, Chris Hale PE - Requested additional information about water quality and irrigation shares. Noted that driveway details are missing and the access does not match the easement. Requested verification that driveway was installed in accordance with CDOT’s permit. Requested if additional utilities are being provided. 2) CDOT, Brian Killian – Noted that obtain a CDOT access permit and the driveway will have to line up with the access on the opposite side of the Highway. 3) Scott Hoyer, CPW – Review the application and had no issues with the proposed subdivision. 4) CGS Jill Carlson CEG – Recommends delineating either non-buildable areas around Government Creek (erosion setback) or delineating building envelopes outside of those areas. Recommends site specific subsurface investigations for local soil and geographic conditions prior to building permit. 5) Sheriff’s Office, Levy Burris – No concerns or issues with the proposed subdivision. Public comments No public comments have been received as of the writing of this report. VI. STAFF ANALYSIS AND CRITERIA Code Analysis Section 4-103 Administrative Review - The applicant meets the notice requirements for an Administrative Review. Section 5-301 Minor Subdivision – The application provided a vicinity map and the general application materials required. Section 4-203.D Site Plan - The applicant has requested a waiver of submittal requirements from a site plan. Staff and referral agencies have reviewed the application. Additional information related to the shared access road and driveway cut onto Hwy 13 has been requested by the consulting engineer. Section 4-203.E Grading and Drainage Plan - A grading permit for the access drive was done several years ago. A new permit may be required to finalize the access road to Lots 2 and 3. This would be required as a condition of approval, including any necessary revegetation/reclamation security. Section 4-203. M Water Supply/Distribution Plan - Individual wells will serve each proposed lot. Water treatment is planned. Further discussed below. Section 4-203. N Wastewater Management Plan – Individual OWTS will serve each lot. File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 2 Exhibit 4 Section 5-402.F Final Plat– The proposed final plat contains the necessary information for a final plat. Codes Covenants and Restrictions – The application’s Road Maintenance Declaration for the shared driveway is required to be executed with the final plat. Article 7 Standards Section 7-101 Zone District Use Regulations – The application complies with Zone District Use Regulations. Land Use Change Permits may be required for some uses in the future. Commercial properties in Resource Land Zoning districts require 35 acre lots, while noncommercial lots may be 2 acres. This may restrict future uses unless the properties are rezoned. Section 7-102 Compliance with Comprehensive Plan and IGA’s – The proposal complies with the Comprehensive plan’s designation. Section 7-103 Compatibility – The application’s proposal is compatibility with the surrounding parcels. Section 7-104 Source of Water – The application provided three well permits with associated tests. Adequate physical supply exists; however, treatment is required for water to be potable (within EPA recommendations). Garfield County Public Health (GCPH)found the proposed treatment system adequate, though the consulting engineer noted the water treatment report did not directly address arsenic and coliform. An additional water quality test dated about a week after the first test was provided for the well with coliform presence, and this test showed levels below EPA limits. Staff requests additional narrative on if a treatment system was implemented for this well prior to submitting the application. Plat notes requiring the proposed water treatments will be required. Additional wastewater for reverse osmosis waste streams may be required. GCPH recommends the applicant work with Water Quality Control Division (WQCD) with Colorado Department of Public Health and Environment (CDPHE) on this topic. Section 7 -105 Adequate Central Water Distribution and Wastewater systems – The application indicates that each lot will be served by individual OWTS systems. Adequate information to determine that this is feasible was provided in the application. Water systems are discussed above in section 7-104. Section 7-106 Public Utilities – Adequate electric utilities are present, and a will-serve letter provided in the application. Wells and OWTS will provide water and wastewater. Telecommunications and gas utilities are not directly addressed in the application. Section 7-107 Access and Roadways – The three lots will be served by a single access point off Hwy 13 (permit included in application). A Road Maintenance Declaration is included in the application for the long-term maintenance of File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 3 Exhibit 4 the driveway. The Plat will create a 40-foot-wide access easement. Approximately 200 feet has been constructed. The applicant requests that the extension of the driveway across Lots 1 and 2 be done as a condition of approval. The application proposes that the roadway be approximately 16 feet in width with 6 inches of 1-1/2” compacted road base. Recent aerial photography (below) shows that the access point is directly opposite of the properties across the highway’s driveway. Staff estimates the existing main drive surface to be about 15 feet wide. It has a cattle guard before the HWY 13 access and uses a bridge/culvert to cross government creek. Though a permit Consulting engineer requested additional design information for the driveway to determine if the waiver request is acceptable and if the drive is within the dedicated easement. The Consulting Engineer also requested verification that the driveway was constructed to CDTO’s requirements. Final verification from CDOT will be requested as a Condition of Approval. The application requests a waiver from the full Semi-Primitive Design Standards to allow for the driveway to be 2 8-foot lanes without ditches. Previous Community Development roadway waiver exemptions require a stamped letter from an engineer, and the consulting engineer’s comments support this policy. Staff will request additional design information in accordance with Policy 01-14 and supports the request that the road be extended as a condition of approval. Based on CGS’s comments regarding the Creek’s drainage channel, Staff requests that an engineer address the safety and adequacy of the driveway system. Staff firmly supports that adequate access within the proposed easement is possible. Section 7-108 Land Subject to Natural Hazards – No mapped flood plains are present in the area. Previous stormwater engineering related to the culvert and bridge addresses flow rates of the onsite creek. Further hazards are discussed below in Section 7-206 and 7-207. Section 7-109 Fire Protection – The project is within the Colorado River Fire Protection District. No referral comments were received from the district. Section 7-201 Agricultural Lands – No ditches exist on the property. The proposal would not greatly impact existing agricultural operations. Figure 4 Aerial of Existing Roadway File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 4 Exhibit 4 Section 7-202 Wildlife Habitat Areas – CPW had no concerns with the project. Section 7-203 Protection of Wetlands and Waterbodies – A 35 foot setback from the creek’s Typical and Ordinary High Waterline is required. See Section 7-207 for further discussion. Section 7-204 Drainage and Erosion – CGS expressed concerns regarding protecting Government Creek’s drainage channel. Further discussed in Section 7-207. Section 7-205 Environmental Quality – No anticipated impacts. Section 7-206 Wildfire Hazards – Wildfire safety should be considered during the construction and landscaping of each lot. No further action is necessary as part of this application. Section 7-207 Natural and Geologic Hazards – CGS has requested a 30-foot erosion setback from the entirety of the creek’s channel. This would be more restrictive than the standard waterbody requirement from Section 7-203 due to the position CGS recommends the setback start. CGS recommends that the plat either delineating building envelopes outside of these areas or by include the setbacks. Figure 5 LIDAR mapping from CGS showing Creek and Channel File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 5 Exhibit 4 Section 7-208 Reclamation – Some revegetation along the roadway should be done as part of that grading and drainage project. The applicant should work with the Building Department on all necessary grading and drainage plans. Section 7-301 Compatible Design – The application is largely compatible with neighboring properties. Section 7-302 Off Street Parking – Adequate space is provided on each lot for parking. Section 7-303 Landscape Plan – Not required. Section 7-304 Lighting – No lighting is part of this application. Section 7-305 Snow Storage – Adequate space is available for snow storage. Section 7-306 Trails and Walkways – Not Applicable. Division 7 Subdivision Standards and Design Specifications – Road impact fees will be paid at the time of building permit, and school land dedication fees would have to be paid prior to executing a final plat. VII. RECOMMENDED FINDINGS AND CONDITIONS Staff recommends approval with the following findings and conditions. Suggested Findings 1. That proper public notice was provided as required for the Director’s Decision. 2. The Director’s Decision review was extensive and complete, that all pertinent facts, matters, and issues were submitted, and all interested parties were given the opportunity to provide input prior to the decision date. 3. With the submittal waivers and conditions of approval, the Application complies with the items of Section 5-301 Minor Subdivision. 4. That, for the above stated and other reasons, the proposed Shelton Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity, and welfare of the citizens of Garfield County. 5. That, with adoption of conditions, the application is in general conformance with the Garfield County Comprehensive Plan 2030. 6. Subject to compliance with all included Conditions of Approval and approval of submitted waiver requests, the application complies with the Garfield County Land Use and Development Code. File No. MISA-06-23-8969 Director’s Determination Staff Planner - Philip Berry 26 July 2023 6 Exhibit 4 Suggested Conditions of Approval 1. That all representations contained in the Application submittals shall be conditions of approval, unless specifically amended or modified by the conditions contained herein. 2. Prior to the submittal of the final plat for execution and recording, additional information on the water quality test results for Well 2 shall be provided. 3. Prior to the submittal of the final plat for execution and recording, a plan acceptable to County Staff for the disposal of Reverse Osmosis wastewater shall be provided. 4. Prior to the submittal of the final plat for execution and recording, the existing roadway shall be extended along the proposed easement alignment to the intersection of Lots 2 and 3. Any necessary grading permit shall be acquired as part of this activity. 5. Prior to the submittal of the final plat for execution, the applicant should provide a Waiver of Standards request addressing the existing driveway’s adequacy in response to the County’s Roadway Dimension Waiver policy. 6. Prior to the submittal of the final plat for execution, all school land dedication fees shall be paid. 7. Prior to the submittal of the final plat for execution, the Final Plat shall be updated to address Colorado Geologic Survey’s comments regarding then need for a 30-foot erosion setback from Government Creek’s drainage channel or building envelopes. 8. Prior to the submittal of the final plat for execution, the Final Plat shall have a plat note recommending Radon testing after construction. 9. Prior to the submittal of the final plat for execution, a plat note indicating requiring the proposed water treatment systems shall be added to the draft final plat. 10. Prior to the submittal of the final plat for execution, a draft version of the plat will be provided for final review by Garfield County Staff and Surveyor. This draft shall demonstrate compliance with all representations and conditions of approval. Only a digital version of the draft final plat is required for this review. 11. Prior to the submittal of the final plat for execution, a purpose/intent statement shall be added to the plat notes. 12. At the time of building permit, road impact fees shall be paid. 13. At the time of building permit, an adequate water treatment system shall be installed to serve each dwelling unit. Such water treatment system shall adequately remove arsenic and/or other contaminants to levels within EPA’s potable water requirements. From:Killian - CDOT, Brian To:Philip Berry Cc:Karthik Vishwamitra - CDOT Subject:Re: Garfield County Referral Request MISA-06-23-8969 Date:Wednesday, July 5, 2023 7:59:12 AM Philip, According to the application, this landowner plans on sharing one common access between all three parcels, which is what CDOT will require. They will need to obtain a CDOT access permit and CDOT will require the access line up with an access on the opposing side of the highway. Please have them reach out to me if they have any questions. Thanks, Brian KillianRegion 3 Access Program Manager Traffic & Safety P 970-683-6284 | C 970-210-1101 | F 970-683-6290 222 S. 6th St, Room 100 Grand Junction, CO 81501 brian.killian@state.co.us | www.codot.gov | www.cotrip.org On Mon, Jun 26, 2023 at 1:23 PM Philip Berry <pberry@garfield-county.com> wrote: Please see the attached referral request regarding a minor subdivision request north of Rifle, off of Hwy 13. Please let me know if you have any questions, and I appreciate your time and comments on these applications. Thanks Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From:Hoyer - DNR, Scott To:Philip Berry Subject:MISA-06-23-8969 Date:Monday, July 10, 2023 11:38:28 AM Good morning Mr. Berry, Thank you for the opportunity to review this minor subdivision. After review, CPW does not anticipate this project to have serious impacts to the local wildlife or wildlife habitat. Please contact me directly if you have any questions or concerns. -- Scott Hoyer District Wildlife Manager, NW Region Cell: 970-250-0873 GA-23-0009_1 Shelton Minor Subdivision MISA-06-23-8969 1:10 PM, 07/18/2023 July 18, 2023 Philip Berry, AICP Garfield County Community Development pberry@garfield-county.com Location: 39.6159, -107.8187 Subject: Shelton Minor Subdivision MISA-06-23-8969 Garfield County, CO; CGS Unique No. GA-23-0009 Dear Philip: Colorado Geological Survey has reviewed the Shelton Minor Subdivision (MISA-06-23-8969) referral. I understand the applicant proposes to subdivide a 48.1-acre property (south side of Highway 13, about one mile west of the Rifle Uranium Mill Tailings Repository), creating three lots of approximately 15 to 18 acres. Government Creek Erosion Setback. Government Creek crosses the site from northwest to southeast. No FEMA flood hazard limits have been determined along this drainage. The channel is defined by very steep to near-vertical slopes. CGS strongly recommends an erosion setback from the crest of the slopes defining the channel. CGS recommends delineating on the plat either (1) a non-buildable erosion setback extending 30 feet northeast and 30 feet southwest from the crests of the Government Creek drainage channel, or (2) delineating building envelopes outside of the 30 ft. erosion setbacks. Other geology-related development constraints. The entire site is described as impacted by expansive and corrosive soils. For any future improvements, CGS recommends that the county require a lot-specific subsurface investigation to be submitted with the building permit application. The investigation should consist of borings or test pits, laboratory testing, and analysis, and should provide site-specific recommendations for use in design of foundation(s), floor system(s), surface and subsurface drainage, pavements, etc. 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 Matthew L. Morgan State Geologist and Director -1 07.8187, 39.6159 . 0 200 400 600 800100 Fee t 1 inch = 200 feet Legend Calculated Slopes (Basedon H igh-R esolution LiDAR-Derived Digit al ElevationModel) <VAL UE> 0 - 5.7 degrees (0 -10%) 5.7 - 11.3 degrees (10-20%) 11.3 - 16.7 degrees (20-30%) 16.7 - 18.4 degrees (30-33%) 18.4 - 21.8 degrees (33-40%) 21.8 - 26.6 degrees (40-50%) 26.6 - 45 degre es (50-100%) Active chann el within overall Governmen t Creek drain age channe l Minimum 3 0 ft. erosion setback neede d from these slo pes From:Levy Burris To:Philip Berry Subject:RE: Garfield County Referral Request MISA-06-23-8969 Date:Wednesday, June 28, 2023 12:36:17 PM Philip, The Garfield County has no issues or concerns regarding this application #MISA-06-23-8969. Levy Burris From: Philip Berry <pberry@garfield-county.com> Sent: Wednesday, June 28, 2023 9:06 AM To: Levy Burris <lburris@garcosheriff.com> Subject: RE: Garfield County Referral Request MISA-06-23-8969 Sorry for the inconvenience. Here is a link to the dropbox fold I created with the application: https://www.dropbox.com/s/7it1ct357gjiyfq/Shelton%20Minor%20Final%20Application.pdf?dl=0 I was able to get to the application through our website: https://www.garfield- county.com/community-development/planning-project-information/ I haven’t spoken with IT, but they probably cleared the licenses that were being occupied when they got in this morning. I heard the issue has been slowing down and hopefully won’t be problem much longer. Thanks Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From: Levy Burris <lburris@garcosheriff.com> Sent: Wednesday, June 28, 2023 7:36 AM To: Philip Berry <pberry@garfield-county.com> Subject: RE: Garfield County Referral Request MISA-06-23-8969 Philip, I still cannot access the digital records to review these applications. Levy From: Philip Berry <pberry@garfield-county.com> Sent: Tuesday, June 27, 2023 12:25 PM To: Philip Berry <pberry@garfield-county.com> Subject: RE: Garfield County Referral Request MISA-06-23-8969 Good afternoon everyone. I apologize for the inconvenience; our online file system has been getting hit by bots that are occupying the licenses the County has for external review of applications. Our IT department is working on the problem and have been keeping our system clear. You should be able to access the files now, but I would recommend downloading the application until we completely resolve the issue. If you continue to have problems, let me know and I will try to upload to dropbox for your access. Thanks Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 From: Philip Berry Sent: Monday, June 26, 2023 1:22 PM To: Philip Berry <pberry@garfield-county.com> Subject: Garfield County Referral Request MISA-06-23-8969 Please see the attached referral request regarding a minor subdivision request north of Rifle, off of Hwy 13. Please let me know if you have any questions, and I appreciate your time and comments on these applications. Thanks Philip Berry, AICP Planner Garfield County – Community Development Department 108 8th. St., Suite 401 Glenwood Springs, CO 81601 Pberry@garfield-county.com Office: 970-945-1377 (1580) Cell: 970-456-4404 Garfield County Public Health Department – working to promote health and prevent disease Public Health Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Philip Berry pberry@garfield‐county.com RE: Shelton Minor Subdivision Parcel No. 2129‐152‐00‐056 Colorado Highway 13 Rifle, Colorado File # MISA‐06‐23‐8969 July 20, 2023 Philip, Garfield County Public Health (GCPH) has reviewed the application for the Shelton Minor Subdivision and have the following comments. 1. Drinking Water: The applicant proposes that the lots created by the minor subdivision will be supplied potable water by individual private wells, one on each lot. The applicant provided three well water quantity (pump test) and quality (laboratory) tests of the proposed wells. The pump tests indicated adequate aquifer recharge after the tests (within 10 minutes). Laboratory testing indicated the water in the wells was high in iron, manganese, sulfate, total dissolved solids, and hardness. The applicant provided water allotment contracts with West Divide Water Conservancy District for Lots 2 and 3, which indicates that adequate water supply is available for the lots created by the subdivision. The applicant provided a water treatment plan for the water produced by each well that will consist of an iron filter followed by a small commercial Reverse Osmosis (RO) system and water softener to reduce the high secondary standard constituent levels. GCPH believes this water supply plan is adequate for the proposed minor subdivision. GCPH understands that RO systems are a common and accepted method to treat water supplies that are outside of the Colorado Secondary Water Standards to improve the drinkability of the source water. However, RO wastewater SHOULD NOT be directed to an Onsite Wastewater System (OWTS), as this large volume of water can overload an OWTS causing early failure of the system. A discharge permit for the RO wastewater stream may be required. The applicant should contact the Water Quality Control Division (WQCD) at the Colorado Department of Public Health and Environment (CDPHE).. 2. Wastewater: The three new lots created by this subdivision will be provided wastewater service by separate Onsite Wastewater Treatment Systems (OWTSs). Each lot will be required to submit for a new OWTS Permit at the time of development of these lots. The applicant submitted a preliminary OWTS report for the proposed lots that indicates that onsite wastewater treatment 195 W. 14th Street Rifle, CO 81650 (970) 625‐5200 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945‐6614 Garfield County Public Health Department – working to promote health and prevent disease needs can be sufficiently met on the lots. Applicant must submit for OWTS permits prior to construction of the homes for a full review of the actual designed systems for the individual homes. 3. Radon: It is recommended that any new buildings constructed on the site in the future utilize radon‐resistant new construction (RRNC) practices to prevent radon gas exposure, which is the 2nd leading cause of lung cancer in Colorado. After construction, a radon test should be conducted, and a fan installed on the system if necessary. Free radon test kits are available at Garfield County Public Health offices in Rifle and Glenwood Springs and at the Clean Energy Economy for the Region (CLEER) located at the Third Street Center in Carbondale. Thank you, Edward R. “Ted” White, P.E. Environmental Health Specialist III Garfield County Public Health 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 665‐6383 twhite@garfield‐county.com