HomeMy WebLinkAbout2.0 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
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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
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Illustration 2: Aerial Map
Illustration 3: Site Aerial
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Photo - Property Viewed From East
Illustration 4: Proposed Plat (Also, See Attached)
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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.
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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
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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.
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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.”
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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.
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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
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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.
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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.
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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
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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
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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