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HomeMy WebLinkAbout2.0 Staff Report Administrative Review 10.19.2020Cerise Minor Subdivision - Exhibits Administrative Review (File M ISA-07-20-8800) Applicants are Dennis and Patricia Cerise October 19,2020 Exhibit Number Exhibit Description 1 Public Heari Notice lnformation Form 2 Recei from Mail Notice 3 Garfield Land Use and Develo ment Code as amended 4 Garfield Cou Com rehensive Plan of 2030 5 ication 6 Staff Re rt 7 Referral Comment - Garfield Cou Buildin nt B Referral Comment - Carbondale & Rural Fire Protection District I Referral Comment - Colorado of Tra ortation '10 Referral Comment - Colorado Geo ical S 11 Referral Comment - Garfield Environmental Health 12 Referral Comment - Mountain Cross E ineerin 13 Referral Comment - Garfield Road and B De rtment 14 Refe rral Comment - Colorado Division of Water Resources '15 Referral Comment - Garfield Cou V etation nt 16 A licant Re resentations rdi Barn PROJECT INFORMATION AND STAFF COMMENTS se Minor Subdivision MrsA-O7-20-8800 October 19,2020 PW Administrative Review - Referral to the BOCC - Minor Subdivision Dennis and Patricia Cerise Jon Fredericks The property is located approximately 4.5 miles east of the Town of Carbondale along Highway 82. The address is 16724 Highway 82, Carbondale, CO 81623 Subdivision of one 16.461-acre parcel into lots of approximately 4.454-acres, 6.004-acres, and 6.003-acres Onsite Well / Septic Rural Residential Medium, 6-10 Acres Per dwelling unit TYPE OF REVIEW APPLTCANT (OWNER) REPRESENTATIVE LOCATION REQUEST WATER/SANITATION ZONING COMPREHENSIVE PLAN I. DESCRIPTION OF THE PROPOSAL The Applicant has applied for a Minor Subdivision to divide an existing 16.461-acre parcel into three lots of 4.454,6.004, and 6.003 acres. Usually, the Minor Subdivision is an Administrative process, but the applicant is requesting the approval of above ground utilities. This requires approval from the Board of County Commissioners. The existing parcel is improved with a single-family residence and associated agricultural structures. The remainder of the parcel is used for irrigated pasture. Access is from Highway 82 through permanent existing easements and there is no connection to a Couniy Road. The applicant is proposing to service the new lots with a shared well and shared OWTS. II. DESCRIPTION OF THE SITE The property is generally gently sloping irrigated agricultural land situated in the broad valley floor. There are some small slopes in the southern portion of the parcel, but none that exceed County standards. Vicinit White :È ¡* ,tl,..1 T :!R âR t t ÍÞ T AerialView of -'ît F--l .l d i} Subject Parcel Highway 82 t Existing Single- family residence 2 *,r'Êlç ---*------hËim <'-É* Iffi IÉ- i úÐ -,s ffi*ffi Proposed Plat Excerpt toltï ¡.#? 3 ** _ _ìr:!,tt-!! xör t t.æâr'É- .a-a- - I I 1r n ilirrl *;iñå-*Ig.áD.!ãET{ gtlhr rei.-ffi Ê \ ÞÊ¡r !¡t I i å ! q rl ..ryt ffin ¡5* : If rd --ñ- "tj , I+¡.---&Ê. -!-.i.-* -. _çlf!t- -t- * ".¡- ¡:¡ro_¡rrrr- FIF €¡fi¡r x{}T ? Lgr 'r"oûrr€, *ãæ ,1 -+a-rr-aadì-rqÊ t ¡Érrtffi --bJ -r--rta:l¡t-tt-J ;rlt* a:rl t t Í AÉ-*'?.¿-- a?- -- i ,. i É aË - a- t t ry -LêT I¡¡t{rar. lææñ- -G I:n ! ; l Ii -.: ì ; t r--il -. ]Ö----.,\t It U aF t{ _- --IX ffiiÞ--- I ñ¡.e.EE¡T 3 III. AUTHORITY - APPLICABLE REGULATIONS A. Section 5-301 of the Land Use and Development Code (LUDC), designates the division of land that creates no more than 3 parcels, is served by a private well or water supply entity and does not require the extension, construction, or improvement of a County right-of-way, as requiring Administrative Review. B. Section 4-103 of the LUDC sets forth the Administrative Review Procedures by which the current Application is being considered. This section permits the Director to refer the application to the Board of County Commissioners for a decision on the application. 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. IV. 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: Garfield County Building Department (Exhibit 7)- No issues were identified. The applicant can use the initial land use permit as part of any needed grading permit. Carbondale & Rural Fire Protection District (Exhibit 8)- The proposed access appears to be adequate for emergency apparatus. - No additional water supply is needed.- New lots will be subject to development impact fees adopted by the District Colorado Department of Transportation (Exhibit 9)- No issues were identified with CDOT access. The property has been issued an access permit. Colorado Geological Survey (Exhibit 10)- Sinkholes, subsidence, and ground deformation are active throughout the Roaring Fork Valley.- A site-specific geotechnical investigation is recommended once individual building locations are known and prior to building permit application. 4 Garfield County Environmental Health (Exhibit 11) Agree with the applicant's proposed conditions regarding a water supply plan. Annual water testing is recommended. The applicant should provide a legal agreement between the two lots to facilitate use, maintenance, and improvement of the proposed OWTS by either lot. Mountain Cross Engineering (Exhibit 12)- The applicant hasn't supplied a well permit for the proposed Subdivision. - A water quality test is needed.- A pump test of the well is required- The applicant needs to provide a well sharing agreement - The applicant should provide individual OWTS'.- The Applicant should obtain a letter from Mid Valley Metro District corroborating that connection to the system is not feasible. - The Applicant should verify the driveway length and design is acceptable to the local fire district. Garfield County Road and Bridge (Exhibit 13) - No concerns were identified as the Subdivision will access directly onto Highway 82. Colorado Division of Water Resources (Exhibit 14) - Required that the applicant either restrict the use of the existing well to one of the three tracts of the subdivision or obtain and maintain a valid well permit for the existing well pursuant to a court approved plan for augmentation and for the proposed shared well. Garfield County Vegetation Management (Exhib¡t 15) - Asked that the applicant complete a noxious weed inventory and management plan. Comments have not been received from the followino aoenci es and deoartments Mid Valley Metro District, Parks and Wildlife, Holy Cross Energy and Xcel Energy V. STAFF ANALYSIS Article 7, Division 1: General Standards -'101: Com District Use 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 4.54 acres. Based on the applicant's site plan submittal, structures on the site are compliant with building setback requirements. 5 Conforma hensive Plan an The property is designated as Residential Medium in the Garfield County Comprehensive Plan. This designation suggests 6-10 acres perdwelling unit. Two of the applicant's proposed parcels meet the 6-acre designation. The other parcel is 4.54- acres in size. The proposed Minor Subdivision is directly to the west of Cerise Ranch, a subdivision where almost all parcels are approximately 2-acres in size. To the west of the proposed subdivision three parcels range in size from 1.3 to 3.8-acres. Additionally, the applicant represented thatwhen CDOT expanded Highway 82 to four lanes a portion of the property was taken. Based on these adjacent parcel sizes and the small difference between the proposed subdivision acreages and recommended densities, Staff feels that the differences in recommended density are not significant enough to affect the application. The proposed Minor Subdivision supports other aspects of the Comprehensive Plan including Housing, Agriculture, and Natural Resources, Habitat and Wildlife. Based on suggested densities and overall support of the Comprehensive Plan, Staff recommends that the application is in general conformance with the Comprehensive Plan. Proximate Lot Densities Section 7-1 03: Compatibilitv The proposed Minor Subdivision is adjacent to smaller rural residential lots. The o 3.821Acres Cerise Ranch Parcels Approximatelv 2-acres in size 2 Acres 1.364 Acres Subject Parcel applicant anticipates that the proposed lots will be transferred to their children for Oävetopment of single-family residences. The proposed subdivision is compatible with surrounding uses. 7-1 Ad urce of Lot 1 of the proposed subdivision is served by an existing, permitted well (Permit No. 132668) thai allows for a single dwelling unit. The applicant has proposed to drill one additional well to serve the two other lots and has provided the following suggested Condition of Approval: prior to recording Finat Plat, the appticant shall provide evidence to the County that a legat and ádequate water suppty has been developed to serve Lots 2 & 3, inctuding a well permit, 4-hour pump test report, water quality report and well sharing agreement. Staff is comfortable with the intent of the proposed Condition of Approval but would like to note that a pump test and water quality test will also be required for the existing well. A modified version of this Condition is included as a suggested Condition of Approval. The applicant has provided an augmentation plan, approved by the Basalt Water Conservancy District for the shared well. The application was reviewed by the Division of Water Resources who required that the applicant either restrict the use of the existing well to one of the three tracts of the subdivision (preferably using a Plat note) or obtain an augmentation plan for the existing well on Lot 1. Section 7-105: Adequate Central Water Distribution and Wa stewater MS The Land Use and Development Code requires that a central water and wastewater system is needed to serve a proposed subdivision if the property is located within 400 féet of a central system that is available and adequate to serve the proposed development, and connection is practicable and feasible. Cerise Ranch Subdivision, which is served by Mid Valley Metro district, is directly adjacent to the subject parcel. The applicant has provided information indicating that thé point of conneci¡on for water with Mid Valley Metro is 1140' away from the closest point of the subject property. The existing Mid Valley Metro lift station is located 225' irom the closest point of the subject property. The application indicates that although the wastewater connection is within 400' of the subject property, there are no easements in place that would allow the sewer to cross Lots 57 and 58 of the Cerise Ranch Subdivision. ln addition to the applicant's representations regarding proximity, the applicant has argued that connection to the district is not practical or feasible based on the following costs: al 7 c*ülrdÜr*sat€oúr lrn frl KÞk¡f lnställ t new ¡hered v¡eli and pump lto :erva 2 nex dwellingsl 57,500 nr/e lnstell 4" ductile iron w¡ter pipe {195O" I 565 iz.r .1 nl¡5135,?50 ti{.t€r tÐp fee¡ (3 dr,r*elling: @ 555 55/*¡)nl¡51ñ,968 Ssb Tût¡l¡r s?,500 s1¿1,718 Cffit5rn¡fitnGt*¡ k orl¡Kffi¡ffi lnstili 1 rh¡r*d æptic :ystam {ta str"_-a 2 ne,* du¡el r¡ng¡J 935.O00 n/r ln51¡lt 4" {-}üO fcrc* main to Cerl¡e R¡nch lift station i5eû'F 58e/t.f.i nle 946,?çt lnstelä ¡¡' PVC grevity !€wer t€rvice ta 3 dr¡¿etlings {l'¡1Ûü' #t75l¡"fï n/¡5105,0ûÕ lnstrli wet rrall & lìf1 pump rþ:ckup Powçr nl¡935,oCIô a*er tap feal {3 dwellinp & 584$5Jeei nle 525,455 5ub Tçtrl¡¡s35"000 s¡1¿.¿û5 othrtor¡ ¡rr **t(rtl ftfftl0J¡luta ûistrirt ln cf u¡i,pn Fee n/¡55,00r cùrtTotrts s{filrl5 ffüþ¡sdc Totrh¡$4¿.5.æ $jl€ó,91t Mid Valley Metro did not respond to referral comments or follow-up phone calls and emails. The Land Use Code in Section 4-101(C) allows the decision-making body to interpret a lack of timely response as no comment on the application. Based on the applicant's representations regarding the financial difference between the installation of a well and Mid Valley Metro Service as well as the small impact of a 3-lot subdivision, Staff is supportive of the applicant's request that the Board find the that connection to Mid Valley Metro service is neither practical nor feasible. The applicant has proposed a shared OWTS to handle wastewater within Lots 2 and 3 on the property. This application was reviewed by Garfield County Environmental Health, who did not identify any issues with the proposal, provided that the applicant create a legal agreement for use, maintenance, and improvement of the proposed OWTS. The Garfield County designated engineer recommended that a shared OWTS not be utilized for the parcel. However, based on Land Use and Development Code review and Environmental Health review, there do not appear to be any regulations in place that would prohibit the use of a shared OWTS. Additionally, the parcels are fairly significant in size. lf sometime in the future a property owner wanted to install their own OWTS it does not appear that there would be any issues. The applicant provided documentation that the existing OWTS on the property is I adequate and functioning properly Section 7-106 Adequate Pub ic Utilities The applicant has stated that the current parcel is provided with electric utility service from Holy Cross Energy. The new parcel will also be served by Holy Cross Energy and the applicant has provided a will serve letter from the company. The application was reviewed by Holy Cross Energy and no issues were identified. The applicant has requested to utilize aboveground utilities to service the subdivision. The Land Use and Development Code addresses the issue is Section 7-106.C.1 as follows: lJnderground Location. All utilitíes except major power fransmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship. The applicant has represented that the cost to extend the overhead line is approximately g1O,O00 compared to $32,900 for underground utilities. Additionally, the applicant has represented that they are dividing the lots to give to their children and that there will be limited visual impact because of the heavily vegetated area where Highway 82 is located. Staff is not supportive of the applicant's request for aboveground utilities. There are no topographical or geological hazards that would require the installation of aboveground utilities. The location of the proposed utilities is in a level irrigated field and the distance required for installation is not substantial. Additionally, while the applicant argues that the aboveground utilities will not be visible from Highway 82, the lines will be visible from the neighboring Cerise Ranch Subdivision. Staff does not support a finding that compliance will result in undue hardship on the applicant. Staff does support allowing the applicant to keep the existing aboveground utility that services Lot 1 in place. Section 7-107: Access and Drivewavs The Applicant has provided engineering documentation showing that the primary I access road will be widened to meet County requirements and that the shared access driveway will be constructed to meet CountY requirements. A portion of this roadway expansion will occur within an easement across the adjacent property. Staff has included a suggested Condition of Approval that the applicant ensure the improvements are located within the existing easement or on their own property. The application provided an engineered grading and drainage plan that shows a number of culverts that will be installed as part of the driveway construction. The proposed Minor Subdivision will access directly onto Highway 82. CDOT has reviewed the application and issued an access permit. No improvements were required at that time. The Land Use and Development Code has a requirement that dead-end streets of 600' or longer are prohibited. However, this access functions more as a driveway as it only serves two properties. The access driveway was reviewed by the Carbondale & Rural Fire District who indicated that the proposed access appears to be adequate for emergency apparatus. Staff has built a waiver from this requirement into the suggested findings. Based on this review the proposed access appears acceptable. Section 7-108:atural Hazards Garfield County Hazard Mapping shows moderate soil hazards in the northern half of the property. The application was reviewed by the Colorado Geological Survey who recommended that a site-specific geotechnical investigation be completed prior to the issuance of a Building Permit. CGS also represented that the proposed subdivision is in an area prone to sinkholes. Based on the requirement that a geotechnical investigation is required prior to Building Permit; Natural Hazards have been appropriately mitigated. Section 7-109: Fire Protection The Application was reviewed by the Carbondale & Rural Fire Protection District. The District had no issues with the proposed subdivision but requested that the applicant pay impact fees prior to the approval of the final plat. The current fee is $730 per 10 Existing Access Along Highway 82 residential unit. Article 7, Division 2: General Resource Protection Standards Section 7-201 Aqricultural Lands No impact is anticipated on surrounding agricultural uses from the Subdivision. Because of the larger lot sizes - small-scale agriculture will still be possible on the property. The applicant has represented that there are no downstream users of the Blue Creek lateral ditch and the Harris and Reed ditch. The applicant does plan to fill and abandon one of these laterals, however, no impact is anticipated to the larger ditch. During the site visit the applicant indicated that they were the owners of the ditch. To comply with Land Use and Development Code requirements - Staff has included a suggested Condition of Approval that the owners of the ditch that is being crossed provide a letter of authorization. Section 7-202 Wildlife Habitat Areas The proposed subdivision is located in an agricultural area and the existing parcel is already developed with an existing single- family home. The application was referred to Colorado Parks and Wildlife who did not comment. The applicant indicated that any fencing on the property will meet CPW requirements. CDOT maintains a wildlife fence along Highway 82 in this area and cattle guard at the subject property. Staff anticipates only minimal impact on wildlife. Section 7-203 Protection of Waterbodies The Applicant has indicated that no waterbodies are located on the site. Staff has not identified anywater bodies and the Land Use and Development Code does not consider irrigation ditches water bodies. Section 7 -2O4 Drainaoe a Erosio n The application provided a grading and drainage plan that addressed drainage for the subdivision and the installation of a road. At the time of Building Permit, the structures shall be required to document positive drainage. No issues were identified with regards to Drainage and Erosion requirements. 11 Proposed Lots 2 and 3 Sections 7-205 Environmental Qualitv No water or air quality issues are anticipated from the proposed project. Section 7-206 Wi ldfire Hazards The property is rated as Not Rated or Low on the Garfield County Wildland Fire Susceptibility lndex Map. The application was reviewed by the local fire district and no issues related to Wildfire Hazards were identified' Section 7-207 Natural and Geoloqic Hazards Natural and geologic hazards are discussed in Section 7-108 of this Staff Report. Section 7 Reclamation No disturbance that would require reclamation is anticipated as a result of the creation of the proposed subdivision. The applicant has represented that all potentialdisturbance will be reclaimed. This shall be required as part of the grading permit for the installation of the road. Garfield County Vegetation Management reviewed the application and requested that the applicant cómpléte a noxious weed inventory and/or map for the parcel as well as a noxious weed management Plan. Article 7, Division 3, Site Planning and Development Standards Section 7-301 Compatible Desion The proposed lots and use are generally compatible with surrounding residential and agricultural land uses. Section 7 -3O2 Off- Street ino and Loadino clards The Applicant has demonstrated through site plans and a statement, that adequate parking exists or will exist on the site. Sections 7 -303 Landscaoino dards The Code specifically exempts single family dwelling units from Section 7-303 Section 7 Liohtino All exterior lighting will need to be downcast and comply with County standards 12 Section 7-305 Snow Storaoe Standards Adequate snow storage exists on the propeñy Section 7-306 Trail and Walkwav Standards No multi-modal connections are needed to nearby public facilities or amenities Article 7, Division 4, Subdivision Standards and Design Specifications Section 7-401 General S ubclivision Standards The applicant needs to supply a well maintenance agreement, a shared driveway agreement and a shared OWTS agreement. Section 7-402 Subdivision Lots No issues with lot configuration pursuant to this section have been noted. Section 7-403 Survev Monuments Compliance with these requirements will be confirmed through referral of the final draft of the plat to the County Surveyor's Office. Compliance with any referral comments, corrections, and/or edits required by the County Surveyor should be included as Conditions of approval. Section 7-404 Sch lLand Dedication Because the property is within the RE-1 School District, the applicant shall be required to pay applicable school impact fees prior to the Board's signature on the Final Plat. Section 7-405 Road lmpact Fees Road lmpact Fees will be required at the time of building permit. Article 5, Division 3, Minor Subdivision Review Section 5-301 rements of the applicable zone district and View along westem property line this Code. CX1) lt complies with the 13 As proposed, the subdivision complies with Rural Zone District requirements. Section 5-301 rc\Q It is in oeneral conformance with the morehensive Plan See SectionT-102 above Section 5-301(CX3): Shows satisfactorv evidence of a leqal, p hvsical. adeouate. and dependable water supolv for each lot. See SectionT-103 and 7-104, above. Section 5-301(CX4)Satisfactorv evidence of adequate and I access has been provided. See Secti on 7 -107, above Section 5-301(CX5): An v necessary easements including, b limited to, drainaqe, irrioation. utilitv road. and water service have been obtained Necessary easements have been shown on the final plat. The applicant should confirm that all required electrical easements are in place. Section 5-301(CX6): The proposed Subdivision has the abilitv to provide an adequate sewaqe disposal svstem. See Section 7-104, above Section 5-301 C)17): Hazards identified on the orooertv such as. but not limitecl to. fire. See Sections 7-108 and 7-109 above n 5-30 ation o e construction proposed method of financino for roads. water distribution svstems, collection svstems, storm d facilities and such utilities have been orovided The applicant has provided probable construction costs and has indicated that all infrastructure will be in place prior to the recording of the Final Plat. n 5-301 c d as ce Countv 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. a 14 Section 5-301(CX10)All fees. includino road imoact 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 the Staff Report. Section 5-301(CX11):The Final Plat meets the requirements oer n 5-4O2.F.. Final Plat, Staff suggests that the following corrections be made to the plat as a condition of approval. The applicant shall update the County Commissioners Certificate to indicate that the BOCC made the decision on the application. The plat shall be updated to include County approved plat notes regarding Noxious Weeds, Open Hearth Fireplaces, and CPW fencing requirements. A Plat Note shall be added regarding Colorado Geological Survey requirements stating: A sife-specific geotechnical investigation shall be completed prior to the issuance of a building permit. The investigation shall be undertaken to characterize so/ and bedrock engineering properties such as density, strength, swell/consolidation potential, groundwater depths and depths to bedrock, to evaluate subsidence potential, to determine the need for and depth of any required subexcavation or other subgrade preparation, and for use in design of foundations, floor slabs, surface and subsurtace drainage, and pavements. Engineered foundations may be requíred based on this review. A Plat Note shall be added as follows: "Sinkholes, subsrdence 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, srnce early detection of building drsfress and timely remedial actions are impoñant factors in reducing the cost of building repairs should an undetected subsurtace void staft to develop into a sinkhole." Any easements required for the extension of electric infrastructure on the property shall be shown on the plat. The width of the easement shall be acceptable to the utility provider. Other Staff Analvsis ltems As part of the application the Applicant provided an lmprovement Survey that showed an Accessory Dwelling Unit on the property. County records show no approval for a second dwelling unit on this property. However, the applicant has represented that there is no dwelling in the barn and there is no connection to water (Exhibit 16). VI. 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 15 Use and Development Code. Staff, therefore, recommends approval with conditions of Cerise Minor Subdivision. Staff does not support the applicant's request for aboveground utilities, however, if the Board wishes to approve the request Staff has provided an additional option that approves the applicant's request. Suggested Findings 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the reasons stated herein, the proposed Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoptions of conditions and granting of waivers from SectionT-107 for length of dead-end streets, and a finding that the connection to central water and wastewater is neither practical nor feasible, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. Suggested Gonditions of Approval Conditions Prior to ionature 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 County Surveyor, 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 additional review. The Applicant shall update the County Commissioners Certificate 16 I to indicate that the BOCC made the decision on the application. The plat shall be updated to include County approved plat notes regarding Noxious Weeds, Open Hearth Fire Places, and CPW fencing requirements. A Plat Note shall be added regarding Colorado Geological Survey requirements stating: A site-specific geotechnical investigation shall be completed prior to the issuance of a building permit. The investigation shall be undertaken to characterize so/ and bedrock engineering properties such as density, strength, swell/consolidation potential, groundwater depths and depths to bedrock, to evaluate subsidence potential, to determine the need for and depth of any required subexcavation or other subgrade preparation, and for use in design of foundations, floor slabs, surface and subsurtace drainage, and pavements. Engineered foundations may be required based on this review. A Plat Note shall be added as follows'. "Sinkholes, subsrdence 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 disfress 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." Any easements required for the extension of electric infrastructure on the property shall be shown on the plat. The width of the easement shall be acceptable to the utility provider. c. Recording Fees. 2. Prior to the BOCC signature on the Plat, the applicant shall install or upgrade all required infrastructure to serve the lots for the Subdivision, including access roads, the shared well, and electrical service infrastructure. Once complete, the applicant shall provide a letter from a Professional Engineer and applicable utility provider confirming that all infrastructure has been installed to Garfield County and/or utility standards. a. The applicant is permitted to keep the aboveground electric utility in place to serve Lot 1. However, the remainder of the electric infrastructure on the property shall be underground as required by Section 7-106 of the Land Use and Development Code. b. The application did not show the improvement plans for the driveway on the adjacent property besides expanding the width. The applicant shall provide documentation from a Professional Engineer that any upgrades in this area meet County requirements and are fully located within the easement or on the applicant's property. 17 3. Prior to the BOCC signature on the Plat, the applicant shall provide evidence to the County that a legal and adequate water supply has been developed to serve Lots 1 , 2 & 3 including well permits, 4-hour pump test reports, water quality reports and a well sharing agreement for Lots 2 and 3. lf the pump test reports or water quality reports do not meet Garfield County requirements as outlined in Section 4-203 (M) of the LUDC, the applicant shall provide documentation from a qualified professional indicating how the water supply can be brought into compliance. Additional testing or installation of infrastructure may be required based on this documentation. a. Based on the Division of Water Resources referral letter (Exhibit 14) the applicant shall restrict the use of the well on Lot 1 to one property within the subdivision using a County approved plat note, or re-permit the well pursuant to Division of Water Resources requirements. 4. Prior to the BOCC signature on the plat the Applicant shall pay applicable school land dedication fees pursuant to Section 7-4O4 of the Land Use and Development Code. 5. Prior to the BOCC signature on the plat, the Applicant shall pay applicable Carbondale & Rural Fire District impact fees. 6. Prior to the BOCC signature on the plat, the Applicant shall provide maintenance and sharing agreements for the shared OWTS, the shared access driveway, and the shared well. These agreements shall be reviewed and accepted by the Community Development Department and the County Attorney's Office. 7. Prior to the BOCC signature on the plat, the Applicant shall provide an inventory and/or map for noxious weeds on the property. The Applicant shall also provide a weed management plan that is approved by the Garfield County Vegetation Management Department. 8. Prior to the BOCC signature on the plat, the Applicant shall provide authorization from ditch company owners that allow for the construction of a crossing across the irrigation ditch for the access road. Other Conditions L All representations of the applicant within the application are considered conditions of approval unless othen¡r¡ise modified by the Board of County Commissioners. Ontion If the B oard Annrnves Ahoveo round Util itr¡ Renr rest' Change to Condition 2.a. as follows: Electric infrastructure assocated with this Minor Subdivision shall be permitted 18 to be above ground. This also requires a change to the Findings as follows: Finding #5: That with the adoption of conditions, granting of waivers from Section 7-107 for length of dead-end streets, and findings that the connection to central water and wastewater is neither practical nor feasible, and that the provision of underground utitities is impractical or not feasible and will result in undue hardship, the apptication has adequately met the requirements of the Garfield County Land IJse and Development Code, as amended. 19 EXHIBIT , 1âooô6 Gørfield Co T,JNIY PUBLIC HEARING NOT¡CE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearíng. ln addition, please initial on the blank line next to the statements if they accurately reflect the described actíon. F My application required written/mailed notice to adiacent property ownerc and mineral owners. s_ JÉ Mailed notice was completed on the Y- oay or O,Lk r ' 20åÙ 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. Jf- All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [líst] Please attach proof of cert¡f¡ed, return receipt requested mailed not¡ce. My application required Published notice. Not¡ce was published on the day of 20 Please attach proof of publication in the Rifle Citizen Telegram. t] 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 test¡fy that the above information is true and accurate. Name Signature: Date: U.S. Postal Service CERT¡FIED MAIL@ RECEIPT Domestic Mail U.S. Postal Service'' CERTIFIED MAIL@ RECEIPT Domestic Mail Only L F $3.8F nRduh Ro@lpt (hardcopy) $ E Retum Rsco¡pl (elêcfóntc) $ flcsrtlt¡ed Mall Rostrlcted Dêllvsry $ EAdultslgnâturêRequ¡Éd $ flAdutt Resùicted Delivery $ 9r1,5Í ê¡ I .1[ CJD %l For ¡nlormat¡on,vis¡l our webs¡te at www. Beverse for lnstrucl¡ons20I 5 PSN 7s30-02 000-9047PS Form 0s¡1 r:| f!år:l m ru Êg -! E EI E¡É EIrr TT ru tr 11 E¡r! .Oúrlr{ mrutJI E EIEtf Et n-fr ru trr{Err rrrflrlrl m ru Efl.¡ trlE Ef, EI Errtr ru r' E:]r! :f J¡rjlr{ m ru EO-¡ [3 E] EI EI tr¡ rLIr ru Ir 11Er! lrEI ,;, , - i-'ìt.:'gt :. &Ètmark qJr"r" t ug ü5¡1 tg ¡*a us rì531 ff8 mm r{ r{ mfu EO JI EIt3f:lt3 Er!r ru r Err E Jr{r:l m ru Éo --E E](f E¡E Er! ITru t- f:rr DeffirpÇ $3. 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I 201 5 PSN Sie Reverse for lnstruct¡onsPS È? qq nReturn Recelpl (hardcopy) ô flRetum Reæìpt (oldronlc) $ fl Csrtffiod Mall RæUded D6l¡very $ nAdultstgnatureR€qutred S n Adult S¡gnaturc Rsskicted Dolivery g $¡1.5Í g .1r:r (¿ or informat¡on, visit out website alFor U.S. Postal Service" CERTIFIED MAIL@ RECEIPT Domestic Mail AnQ U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mail Only ün ffi ã lvxx i3.55 nRôturn Rscetpt(êtect ontc) $ ECdÍ¡ed M6il Resr¡ctod Dolvôry g EAdulr stgnâruÞ Rsqukod $ flÀdutr S¡gnatuÞ RæUotod Delivory g Rêturn Rscelpt (hardcopy) $ü.5.5 1 Hsre 'llt J ot v¡sit our website atFor PS Form 201 5 PSN 7530-02,000.9047 Sæ Feverse lor lnstrucl¡ons coq.tunptff {o $3.55 nRstuñ Ræéipt (dd@nic) $ Ücêrtifled Mâ¡l Rêst.ictêd Dsliv€ry $ EAdult Slgnatuß Roqu¡.ed $ E Adult Slgnaturo Rêslr¡cled Þel¡vory S (chock box, Ræelpt(hardcopy) $ srl,5Í HêreoàA¿ 4þ ,1t f delivery informat¡on, vis¡t our website al wwøøsps.como PS Form 3800, Apr¡l 20l5 PsN7530-02'000.9047 See Reverse for lnstruct¡ons U.S. Postal Service CERTIFIED MA¡L@ RECEIPT Domestic Mail Only U.S. Postal Service'" CERTIFIED MAIL@ RECEIPT Domestic Mail Only *Þ $3.55 E Retum Ræê¡pt (hard@py) $ E Retum Rælpt (6lect€nlc) $ n cerÙtsd Mall Rstrlcled oefvôry n Adult SlgneùrÞ Baqu¡r€d El Aduh s¡gnatuG R6trlcled Dol¡vory S %r_ 4b $ü,5r ,95 To p information, vis¡t our webs¡te atFor dêl Sæ Beverse for lnstructionaPS Form 3800, APr¡l 2015 PsN ru Er{ r{ m rudtJI E tr¡ tr¡ EI EIr! 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Adult Slgnatu6 Rêqulred R€ælpt (hârdcopy) Signatur€ Bssulctêd Dêliv6ry $l-1 ,55 9 Hera .1n + informal¡on, vis¡t our webs¡te at 2015 psN 7ff{2-oo&9tr7 Sæ Reverse tor lnstructionsPS Form Patrick Waller From: Sent: To: Subject: Andy Schwaller Monday, September 14,2020 3:38 PM Patrick Waller RE: Garfield County Referral Request - Cerise Minor Subdivision - MI5A-07-20-8800 The grading permit could be part of the initial land use permit since they included the plan in the applicat¡on and the engineer can review it as part of the bigger review. That is all that I have got. Andy From: Patrick Waller <pwaller@ga rfield-county.com> Sent: Friday, September 1-L,2O2O 3:34 PM To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>; Anna Cochran <acochran@garfield-county.com>; Ted White <twhite@garfield-county.com>; DJ Ridgeway <djridgeway@garfield- county.com>; Dan Goin <dgoin@garfield-county.com>; Harry Shiles <hshiles@garfield-county.com>; Dale Stephens <dstephens@garfield-county.com>; Scott Aibner <saibner@garfield-county.com>; Steve Anthony <santhony@garfield- county.com>; brian.killian@state.co.us; Megan Sullivan - DNR <megan.sullivan@state.co.us>; Jill Carlson <carlson@mines.edu>; scott.hoyer@state.co.us; Neumann - DNR, Danielle <danielle.neumann@state.co.us>; Chris@mountaincross-eng.com; rgoodwin@carbondalefire.org; BillGavette <gavette@carbondalefire.org>; breynolds@sopris.net; rwinder@holycross.com; samantha.l.wakefield@xcelenergy.com Subject: Garfield County Referral Request - Cerise Minor Subdivision - MISA-07-20-8800 Good Afternoon, Garfield County Community Development is requesting referral comments for a an application for a Minor Subdivision for a property owned by Dennis and Patricia Cerise located at1.6724 Highway 82, Carbondale, CO 8L623 and known by Garfield County Assessor Parcel No. 239132200046. The Applicant is requesting approval of a Minor Subdivision that will divide the existing approximately L6.461-acre parcel into three separate parcels of approxim ately 4.454,6'004, and 6.003 acres. The new parcels are proposed to be served by a shared Onsite WastewaterTreatment System and well. The parcel with the existing house will be served by an existing well and Onsite Wastewater Treatment System. The property is zoned Rural. The application is available for review here. Please respond with any comments by Friday, October 2,2O2O' Thanks for your review and please contact me with any questions, Patrick Waller, AICP Senior Planner Garfield County Comm unity Development Department 108 8th Street, Suite 40L Glenwood Springs, CO 81601 (970) 94s-1"377 ext. L580 pwa I ler@ga rfield-cou ntv.com http ://www.ga rfie ld-cou ntv.com/com m u n itv-deve lopme nt/ 1 EXHIBIT tt0ôôg + ØkIDd EXHI BIT Patrick Waller From: Sent: To: Subject: Bil I Gavette < gavette@carbondalefire.org > Saturday, September 26,2020 3:37 PM Patrick Waller lExternall Cerise Minor Subdivision, 1674 Highway 82, Carbondale, CO September 26,2020 Patrick Waller Garfield County Building & Planning L08 8th Street, Suite 40L Glenwood Springs, CO 81601. RE: Cerise Minor Subdivision, t674 Highway 82, Carbondale, CO Dear Patrick I have reviewed the application for the proposed Cerise minor subdivision. I would offer the following comments. Access The proposed access appears to be adequate for emergency apparatus. Water Suoolies Fire Protection Water supplies for fire protection to the site would be provided by water shuttle lmpact Fees The two new lots in the development are subject to development impact fees adopted by the District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is 5730.00 per unit' Please contact me if you have any questions or if I may be of any assistance Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.ca rbo nda lefi re.o rg 970-963-249L 1 FrR[.. Ëil|s. nËscuË Sent: To: Cc: Patrick Waller From: x Aggen - CDOT, Kandis <kandis.aggen@state.co.us> Thursday, october 1, 2020 10:39 AM Patrick Waller Brian Killian - CDOT lExternal] Garfield County Referral Request - Cerise Minor MtsA-07-20-8800 Subject:Subdivision - Hi Patrick, Thanks for the opportunity to review this subdivision. We are aware of this project and CDOT has issued permit 320058 for the access to the Cerise subdivision. Let me know if you have any questions' Kandis Aggen Assistant Access Manager Region 3 Traffic & Safety P 970.683.6270 | F 970.683.6290 kandis.aseen@state.co.us I www.codot.eov 2225. Sixth St., Rm 100, Grand Junction, CO 81501 x 1 COLORADO Gtr,OLOGIC,\L SURVE,Y 1801 Moly Road Golden, Colorado 80401 October 1,2020 Patrick Waller Garfield County Community Development pwaller@garfi eld-county. com Location: Lot 7 and EY2NWV4 Section 32, T7S, R87W ofthe 6ú P.M. 39.4067, -107.1346 Karen Berry State Geologist Subject:Cerise Minor Subdivision File Number MISA-07-20-8800¡ Garfietd Countv. CO: CGS Unique No. GA-21-0004 Dear Mr. Waller: Colorado Geological Survey has reviewed the Cerise Minor Subdivision referral. I understand the applicant proposes to divide an existing 16.461-acre parcel, physical address 16724Highway 82, Carbondale, into thrée parcels of 4.454, 6.004, and 6.003 acres. Proposed Lot I (4.454 acres) contains an existing residence, bam, well, and onsite wastewater treatment system (OWTS). The narrative (Landwest Colorado, July 2020) states that a proposed future shared well and OWTS will serve Lots 2 and 3. Sinkholes, ground subsidence, and hydrocompaction are the primary concerns on this property. The site soils are derived from and underlain by, at unknown depth, Eagle Valley Evaporite containing the water- soluble minerals gypsum, anhydrite, and halite (rock salts). Sinkholes, subsidence, and ground deformation due to dissolution of soluble minerals and collapse of solution cavities and voids are active, although infrequent, geologic processes within the Roaring Fork Valley. Ground subsidence is an unpredictable risk that should not be ignored. o The applicant should be advised of the subsidencehazard potential, since early detection of building distreis and timely remedial actions are important factors in reducing damage and the cost of building repairs should an undetected subsurface void start to develop into a sinkhole. r If conditions indicative of subsidence or sinkhole formation ate encountered during site investigations or construction, an alternative building site should be considered, or the feasibility of mitigation altematives should be evaluated. Soft, compressible, sandy clay soils were noted in a preliminary geotechnical report for an adjacent subdivision. Where these soils are relatively dry, they can compact or compress when wetted. o Proper grading and control ofsurface drainage are critical to reduce infiltration, excessive wetting, and damage due to hydrocompaction, collapse, and differential settlement. o Even with subexcavation, recompaction, and densification of clay soils beneath foundations and floor slabs, if the wetting front reaches unmodified soils and the clayey soil column is thick enough, settlement can still occur, though it will be more evenly balanced and less destructive. A site-specific geotechnical investigation is recommended once individual building locations are known and priór to buiiding permit application, to characterize soil and bedrock engineering properties such as densìty, strength, swell/consolidation potential, groundwater depths and depths to bedrock, to evaluate GA-2 l-0004_l Cerise Minor Subdivision MISA-07-20-8800 4:23 PM, 1010112020 To lâToog EXH IBIT Patrick Waller October 1,2020 Page? of? subsidence potential, to determine the need for and depth ofany required subexcavation or other subgrade prèparation, and for use in design offoundations, floot slabs, surface and subsurface drainage, and pavements. Thank you for the opportunþ 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- c.E.G. Engineering Geologist cA-21-0004_l Cerise Minor Subdivision MISA-O7-20-8800 4:23PM,1010112020 Gaffield County EXHIBIT I\ tôðoog Public Heølth 195 W. 14rh Street Rifle, CO 81650 (970) 625-5240 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 2014 Blake Avenue Glenwood Springs, CO 81601 (970) e45-6614 Attention: Patrick Waller, AICP Senior Planner Subject:Cerise Minor Subdivision 16724 Highway 82 Carbondale, CO 81623 Referral Comments September 24,2020 Patrick, I have reviewed the application for the Cerise Minor Subdivision and have the following comments. These comments are provided more as information for the property owners and are not conditions that we feel need to be met prior to approval, Drinkinq Water: a. The applicant has proposed a condition of approval, as follows: Prior to recording Final Plat, the applicant shall provide evidence ta the County that a legal and adequate water supply has been developed to serve Lots 2 & 3, including a well permit, 4-hour pump test report, water quality report and well sharing agreement. We agree with this condítion of approval and would have requested this information be provided prior to approval, had the applicant not offered it on their own. b. Annual testing is recommended for total coliform bacteria, nitrates, and other contaminants as needed. More comprehensive tests, using parameters at least as comprehensive as those included in the "Deluxe Colorado Package" offered by the Colorado Department of Public Health and Environment's Lab Services Division, are recommended every five years. Water treatment should be installed if necessary. 2. Onsite Wastewater Treatment Svstems (OWTS): a. Lot 1 will continue to utilize the existing OWïS that was permitted for the existing structures on Lot 1. b. The applicant proposes to utilize a shared OWTS for Lots 2 and 3. The shared septic easement will be located on Lot 2. A legal agreement between the two lots (not just the current owners) should be created to facilitate the Garfield County Public Health Department - working to promote health and prevent disease use, maintenance, and ¡mprovement of the proposed OWTS by either lot' which will now be present on Lot 2 to serve the residences on Lots 2 and 3. Thank you, p Edward R.'Ted" White, P.E' Environmental Health Specialist lll Garfield County Public Health 2014 Blake Avenue Glenwood SPrings, CO 81601 (970) 945-6614 ext. 8106 twhite@ga rfield-countY. com (E- 7 Garfíeld county Public Health Department - working to promote health and prevent disease MOUNTAIN CROSS ENGTNEERING, INE. * ivi I ar¡rl li¡rvi r*¡¡lnt:¡tii¡! Cr:rrsrtlting and ñesiç; l: Septenrber 29,2A20 Mr. Patriclc Waller Garlield County Planning 108 8th Street, Suite 401 Glenwoocl Springs, CO 81601 RE: Reviclv of fhe Cerise Minor Subdivision Application: MISA-07-20-8800 Deal'Patrick: T'his office has perfounecl a rcview of the clocuments ploviclecl f'or the Cerise Minor Sulrdivision application. Tlle submittal was founcl to be thorouglr and well organized. The revierv generated the following commenls: L The Applicant proviclcs a well permit bul the use is restt'ictecl to one single farnily dwelling' 'fhe Applicant will neecl to obtain a valid well perrnit lbr three houses. Z. The Applicant will neecl to provicle results of a water qtrality analysis fi'om the well. Treatment ancl rcconlnentJations f}om a protèssional nray be required. 3. The Applicant will need to plovide results of a pump test from the well' Stolage and recommenclations from a pr'<lfbssional may be lequiled. 4. 'fhe Applicant should plovide a Well sharing agreement' 5. A shal.ed OW'IS sho¡lcl not be allowed on parcels under sepat'ale ownelship. Each palcel should provicle their own OWTS. 6. T¡e COpt{Erequires comrection to a sewerif there is a sewer collection system within 400'' lf t¡e property is within 400' of the M\¡MD sewer system, the Applicant shoulcl obtain a letler from MVMD corroborating that comection is not fcasible. 7. The Applica¡t shoulcl veLify the dl'iveway lengtli ancl design is acceptable with the [-ocal Fire Department. Feel free to call if you have any questions or corntnents. Sincerely, Mountain Cross Inc EXH¡BIT \ztâoo0g Cluis Hale, PE 82û 'rä Grar¡d Avetitte, Glet¡wr:¡otl Splings, CÛ 81601 P: 9 70. 945. 5 54 4 l' : 17 {}.9 45. 5558 www. tttot¡trtai trct nss'enç¡. cotr t Patrick Waller From: Sent: To: Subject: Harry Shiles Monday, September 21,2020 2:22 PM Patrick Waller RE: Garfield County Referral Request - Cerise Minor Subdivision - MI5A-07-20-8800 Road and Bridge has no comments or concerns as there is no direct access being utilized by a county roadway Thanks G Gnrfielú Couttry HÃßßYffiTILES forenan lload E frridge tzg| tfl 333Å lltfle, t[ 81650 Fhone (9/0) 625'86fl fax (970) 825'8t27 tell, (97[) 315'[3[/ From: Patrick Wa ller <pwaller@garfield-county.com> Sent: Friday, Septembe r tt,2O2O 3:34 PM To: Kelly Cave <kcave@garfield-county.com>; Andy Schwaller <aschwaller@garfield-county.com>; Anna Cochran <acochran@garfield-county.com>; Ted White <twhite@garfield-county.com>; DJ Ridgeway <djridgeway@garfield- county.com>; Dan Goin <dgoin@garfield-county.com>; Harry Shiles <hshiles@garfield-county.com>; Dale Stephens <dstephens@garfield-county.com>; Scott Aibner <saibner@garfield-county.com>; Steve Anthony <santhony@garfield- county.com>; brian.killian@state.co.us; Megan Sullivan - DNR <megan.sullivan@state.co.us>; Jill Carlson <carlson@mines.edu>; scott.hoyer@state.co.us; Neumann - DNR, Danielle <danielle.neumann@state.co'us>; Chris@mountaincross-eng.com; rgoodwin@carbondalefire.org; BillGavette <gavette@carbondalefire.org>; breynolds@sopris.net; rwinder@holycross.com; samantha.l.wakefield@xcelenergy'com Subject: Garfield County Referral Request - Cerise Minor Subdivision - MISA-07-20-8800 1 '1j Good Afternoon, reÇt coroRADo Division of Water Resources Depar.tmenl of Natural ResouYces October 9,2020 Patrick Watler, Senior Planner Garfietd County Buitding and Planning Department 108 8th Street, Suite 401 Gtenwood Springs, CO 84601 Re: Brackett Minor Subdivision, MISA'07-20-8800 Section 32, T7S, R87W, 6th PM Water Division 5, Water District 38 Dear Mr. Walter: We have reviewed the above proposal to subdivide a 16.46 acre parcel located at 16724 Highway 82, Carbondale, into three residential lots. An existing single famity dwetting and barn is located on proposed tot 1. An existing wetl is atso located on proposed tot 1 and it appears it witt continue to serve the singte family dwetting. A shared wetl is proposed for lots 2 and 3. No other information was provided regarding water requirements for the lots (i.e. total number of singte famity dwettings on each tot, lawn and garden irrigation, domestic animal watering, etc...) The appticant provided a copy of Wet[ Permit No. 132668 in the submittal materiats. According to our records Wet[ Permit No. 132668 was issued pursuant to section 37-92- 602(3XbXllXA), C.R.S. which attows for a presumption of non-injury. The current permit requires the wett to be the onty (exempt) wett on a 5 acre parcel described as part of Lot 7, Section 32, Township 7 South, Range 87 West of the 6th PM. The use of groundwater under the current wett permit is limited to ordinary household purposes inside one singte famity dwetting and the watering of the users own non-commercial domestic animats. No other use of water such as lawn and garden irrigation is attowed. For subdivisions created after 1972, section3T-92-602(3XbXlll), C.R.S., requires that the cumulative effect of att wetts in a subdivision be considered when evatuating material injury to decreed water rights. The source of the proposed water suppty would be from, or tributary to, the Cotorado River. This area of the Cotorado River is over-appropriated; therefore, a court decreed plan for augmentation ptan is required to offset deptetions caused by the pumping of any wetts, includinq anv existine wetts, within the subdivision with one exception. With the adoption of Senate Bitt 20-0155 on Juty 2, 2020, section 37-92-602(3) was amended to a[[ow an existing exempt wetl operating under a permit issued pursuant to section 37-92' 602(3XbXllXA), C.R.5., to retain its presumption of non-injury after the land on which the wett is located has been divided. The existing well may onty 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 Bitt 20-155 restricts the use of a quatifying exempt wetl to a single parcel (tot) within in a subdivision, the other lots/parcels of the subdivision within the area described on the exempt wett permit, must have a different water suppty such as a municipal water tap or non-exempt wet[. The existing we[[ cannot be shared. To atlow the existing well (current Permit No. 132668) on lot 1 to retain its exempt status, the use of the wett must 1313 Sherman Street, Room 821, Denver, C0 80203 P 303.86ó.3581 www.cotorado.gov/water Jared S. Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director å I¿r EXHI BIT Garfield County Community Devetopment Department Cerise Minor Subdivision, MISA-07-20-8800 Page 2 of 2 October 9,2020 be limited to one of the three lots (presumabty tot 1) and the other two lots must have a different suppty such as a we[[ operating under a court decreed plan for augmentation such as the Basalt Water Conservancy District's (BWCD)Augmentation Ptan. The appticant provided a copy of a contract (contract no.717) with BWCD which provides augmentation water for up to four single famity dweltings, the watering of two head of livestock and the irrigation of 10,000 square feet of home lawn and gardens. With the passage of Senate Bitt 20-155, the appticant has the option of continuing to operate the existing well under the current permit or re-permitting the existing wetl to operate pursuant to the contract with BWCD. ln either case, a non-exempt we[[ permit also operating pursuant to the contract with BWCD must be obtained for the proposed shared wet[. No information was provided concerning the physicat adequacy of the water suppty. As stated in CRS 30-28-133(3Xd), the subdivider is required to submit "Adequate evidence that a water suppty that is sufficient in terms of quality, quantity, and dependabitity witl be avaitabte to ensure an adequate suppty of water for the type of subdivision proposed." Adequate evidence is usuatly provided in the form of a water resource report, prepared by a professiona[ engineer or water consuttant, which addresses the quality, quantity, and dependabitity issues. Evidence can atso be provided in the form of a we[[ pump test report for an existing wetl prepared by a wett contractor. We recommend a minimum 4 hour test where water levels are recorded over timed intervats 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(f XhXl), that material injury witl occur to decreed water rights unless the applicant 1) restricts the use of the existing wetl to one of the three tracts of the subdivision and operates the wetl in accordance with the current permit, 132668, or 2) obtains and maintaìns a valid well permit for the existing wetl pursuant to a court approved ptan for augmentation, such as the one approved for Basalt Water Conservancy District and 3) obtains and maintains a vatid wetl permit for the proposed shared we[[ to serve the other [ots also pursuant to a court approved ptan for augmentation, such as the one approved for Basatt Water Conservancy District. We recommend that prior to final approval of the subdivision, the County requires the appticant to provide copies of a vatid permit issued pursuant to an approved augmentation ptan for the proposed shared wet[. However, due to the lack of information, we are unabte to comment on the physicat adequacy of the water supply for the subdivision. lf you or the appticant has any questions concerning this matter, ptease contact me for assistance Sincerely, 6*tt l-'- Megan Sullivan, P.E. Water Resource Engineer MAS: Cerise Minor Sub-CDWR Comments.doc Gøffield Co un Vegetutíon Mønøgement October 12,2020 Patrick Waller Garfield County Community Development Department RE: MI5A-07-20-8800 Dear Patrick, Staff requests that the applicant map and/or inventory the 16.41 acre parcel for Garfield County listed noxious weeds and provide a management plan for any inventoried noxious weeds. The county noxious weed list is attached. The local Conservation Districts provide noxious weed mapping at no charge lo county landowners if the applicant is interested. Their contact number is (970) 404-3438. Sincerely, Steve Anthony Garfield County Vegetation Manager 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone:970-945-1377 x4305 Mobile Phone: 970-3794456 GARFIELD COUNTY NOXIOUS WEED LIST Adopted by Board of County Commissioners - X'ebrunry 16,2016 Commonname Scientific Narne Coloraclo Desienation Absinth wormwood Black henbane Bouncing bet Bull thistle Canada thistle Chicory Chinese clematis Common burdook Common tansy Common teasel Corn chamomile Curly dock Cutleaf teasel Cypress spurge Dalmatian toadflax Dame's rocket Diffi¡se lorapweed Hoary cress Houndstongue Jointed goatgrass Leafy spurge Mayweed chamomile Meadow knapweed Mediterranean sage Musk thistle Myrtle spurge Oxeye daisy Perennial pepperweerl Plumeless thistle Poisonhemlock Purple loosestrife Russian knapweed Russian-olive Saltcedzu Saltcedar Scentless chamomile Scotch thistle Spotted knapweed Sulfur cinquefoil Yellow starthistle Ycllow toaclflax Artemsía absínthium Iþoscyamus níger Saponaria fficínalis Círsiumvulgare Cirsíutn arvense Cichorium intybus Cíewatß oríentalis Arctiumminus Tanacetumtulgare Dípascusfullonum Anthernís ørvensis Rumex crispus Dípsacus Lacinatus Eup horbi a cyyt arís s ias Lìnariø dølmatíca Hesperis ntatronalis Centøurea dffisa Cardariø draba Cynoglossunt fficinøle Aegilops cylìndrica Euphorbiø esula Anthemß cotukt Centaurea prølensìs Salpia aethopsis Carrluus natans Eltphorb ía my rsìnì t es Leuccntheum vulgøre Lepidíum latifoliurn Carduus acantlnides Conium maculaîum Lythrum salícaria Acroptílon repens Ëlaeagnus angustíþlía Tamørix parvffiora Tamarix ramosissima Trip \eu rosp ernum p e do ratum Onopordum acønthíum Centaurea stoebe Potentilla recta Centaureu solstitalis Linaríøvulgarís B B B B B C B C B B B Not B B B B B B B B B B A A B A B B B C A B B B B B B B B A B listed Sent: To: Cc: Patrick Waller From:JON FREDERICKS <jon@ landwestcolorado.com > Wednesday, October 14,2020 12:57 PM Patrick Waller Trish Cerise FW: [External] ADU Question Hi Patrick, Please see further clarification from Trish below, for the record. Thanks- Jon Fredericks WEÈT tÂtro ÉL.aÍtaa.{Õ | tÊvÊL{tF¡¡f,flT *È*YlCÈt 345 Colorado Ave. #L06 Carbondale, CO 81623 970.379.4t55 LANDWESTcolorado.com From: Trish Cerise <trishcerise@gmail.com> Sent: Wednesday, October t4,2O2O 12:53 PM To: JON FREDERICKS <jon@ la ndwestcolorado.com> Subject: Re: ADU Question HiJon , it's a barn....not a garage. There is horse feed and saddles etc in there too @ On Wed, Oct L4, 2O2O aL 12:06 PM JON FREDERICKS <ion@landwestcolorado.com> wrote: Patrick, Subject: Trish The application included an lmprovement Survey Plat in Appendix G. On that drawing, there is an incorrect reference to a "Garage w/2nd LevelADU". We would like to correct the record of this building's use. The structure is a garage with a storage loft above. The applicant uses the first floor of the building as a workshop and storage for autos, tractor, etc. The second floor loft is used primarily for storage and a weaving studio. The building is not connected to water service , or sewer service, and there is no ADU in the structure. This was verified by the County Assessor during their on-site inspection this past spring. Please let me know if you have any further questions, LAi{D Thank you-