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Home My WebLink About2.0 DD Staff Report 07.27.2017Directors Determination — Staff Report Exhibits Quicksilver Court Lots 4-7 ADUs Administrative Review Applicant is George H Daniels III July 27, 2017 File GAPA-05-17-8536 (Lot 4), GAPA-05-17-8537 (Lot 5), GAPA- 05-17-8538 (Lot 6), or GAPA-05-17-8539 (Lot 7) Exhibit Number Exhibit Description 1 Public Hearing Notice Information Form, Dated July 4, 2017 2 Mail Receipts 3 Referral Comments from Dan Goin of Garfield County Road and Bridge, Dated June 29, 2017 4 Letter from Chris Hale, PE of Mountain Cross Engineering, Dated July 12, 2017 5 Referral Comments from the Division of Water Resources, Dated July 17, 2017 6 Referral Comments from the Grass Mesa Homeowners Association, Dated July 17, 2017 Referral Comments from Colorado River Fire Rescue, Dated July 20, 2017 7 Quicksilver Court ADU — Lots 4-7 GAPA-05-17-8536 (Lot 4), GAPA-05-17-8537 (Lot 5), GAPA-05-17-8538 (Lot 6), and GAPA-05-17-8539 (Lot 7) July 27, 2017 DP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ZONING Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) George H Daniels III Jena Skinner The properties are located approximately 4 miles southwest of the Rifle Airport within Quicksilver Court Subdivision. The Tots are currently unaddressed and vacant. The lots are located at Quicksilver Court Lot 4, 5, 6, and 7 (one ADU per Lot). Quarter: SW Section: 22 Township: 6 Range: 93 Subdivision: QUICKSILVER COURT SUBDIVISION Lot: 4 (Parcel # 217722301004, 10.011 acres) Quarter: SW Section: 22 Township: 6 Range: 93 Subdivision: QUICKSILVER COURT SUBDIVISION Lot: 5 AMD. REPLAT OF LOT 5 AND LOT 6 (Parcel # 217722301005, 10.004 acre) Quarter: SW Section: 22 Township: 6 Range: 93 Subdivision: QUICKSILVER COURT SUBDIVISION Lot: 6 AMD. REPLAT OF LOT 5 AND LOT 6 (Parcel # 217722301006, 10.012 acres) Quarter: SW Section: 22 Township: 6 Range: 93 Subdivision: QUICKSILVER COURT SUBDIVISION Lot: 7 (Parcel # 217722301007, 10.021 acres) Rural I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting a permit for an Accessory Dwelling Unit (ADU) on Lot 4, 5, 6, and 7 in the Quicksilver Court Subdivision located within the Rural zone district on Grass Mesa. As each property is over 4 acres, the Land Use and Development Code (LUDC) limits the size of each ADU to 3,000 square feet. However, a plat note on the Quicksilver Court Subdivision (Reception Number 806669) further limits the size of any ADU to 1500 square feet. The Garfield County Comprehensive Plan identifies the property as Low Density Residential (10+ acres/dwelling unit). Access to the site is via Quicksilver Court, Quicksilver Way, Grass Mesa Road, and County Road 319. The Tots are currently vacant while Quicksilver Court has been constructed. No changes are proposed to the Quicksilver Court Subdivision, water, wastewater, or access as a result of these Land Use Permits. Legal water and access have been demonstrated to serve an ADU on each Lot. II. DESCRIPTION OF THE SITE The Tots are currently vacant. The parcels appears to have positive drainage and are currently a mix of graded areas and native vegetation with some moderate slopes. The construction of any primary dwelling units and ADUs will require building permits and Onsite Wastewater Treatment System (OVVTS) permits from Garfield County. Uses within 1500 feet include primarily residential, oil and gas, and agricultural. Vicinity Map CR 352 346 Ntuw lllldll I Garfield County Airport City of Rifle 1 Subject Parcels: Lots 4-7 Airport Industrial Perk CR 319 ll 2 Aerial View of Subject Property Oil and Gas Access Road Subject Properties Quicksilver Way Quicksilver Court yup:C(KFl'i��RR�4CdAl5P�f1K:�r.q}��d�L� r1 Ula IircanriMlirs: CN0C75irnlis'117S 3 OraCrAil 41.4 311, IRE. CO OW .•T,Tm1.• 11.114u Cr ,LIL assrcce y2.2•00 VFW AMENDED FINAL PLAT QUICKSILVER COURT SUBDIVISION A REPLAT OF LOT 5 AND LOT 6 OF THE FINAL PLAT OF QUICKSILVER COURT SUBDIVISION RECORDED AS RECEPTION NO. 785073 BEING A PARCEL OF LAND SITUATED IN THE SW1/4 OF SECTION 22 AND THE NWI/4 OF SECTION 27, TOWNSHIP 6 SOUTH-. RANGE 93 WEST OF THE 6TH PRINCIPAL. MERIDIAN, COUNTY OF GARFIELD. STATE OF COLORADO -PURPOSE OF THIS AMENDED FINAL PLAT IS TO ADJUST THE LOT UNE BETWEEN LOT 5 AND LOT B SHEET 2 OF 2 • nw+Ra e_ti.....stawmalm WAY s.vl.r usa< I �W.r••pr rr r v++ LQLL r F 17= GRAPHIC SCALE PH.110.1 •11BFn „w, O••r..�.miw •.0 fv m HIGH COUNTRY ENGINEERING. INC L SsCI. C ocenme ATO 1DWC[f1IS 1517 BLAKE AVENUE PUMP 101 CLE1fWD EPIBBCS COLORADO t1,601 Quicksilver Court Subdivision Plat III. WAIVER REQUESTS FROM STANDARDS The Applicant has requested a Waiver from Section 7-107, Roadway Design Standards, for Grass Mesa Road. IV. AUTHORITY — APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-403 of the Land Use and Development Code, designates an Accessory Dwelling Unit within the Rural zone district as requiring Administrative Review. B. Section 4-103 of the Land Use and Development Code sets forth the Administrative Review Procedures by which the current Application is being considered. C. The Application submittal requests two waivers from submittal requirements. These waiver requests are from submittal requirements including an improvements agreement and development agreement. Submittal waivers have been accepted as part of the completeness review. D. Article 7 of the Land Use and Development Code sets forth General approval standards in Division 1, General Resource Protection Standards in Division 2 and Site Planning and Development Standards in Division 3. Accessory Dwelling Units are also subject to Section 7-701. The standards are addressed in the Application submittals and in the Staff Analysis section of the Staff Report. V. PUBLIC AND REFERRAL COMMENTS The Applicant has provided documentation that all required notice mailings have been completed in accordance with the LUDC. No public comments were received as a result of the public notice. Referral Comments received on the Application are attached as Exhibits and summarized below: A. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering (Exhibit 4): 1. The water quality tests were not performed on one of the wells. The other well had coliform detected. Additionally, the water quality tests were performed many years ago and the water was tested for only a few items. The Applicant should retest the water quality from both of the wells proposed to be used for the ADUs. Additional recommendations may be warranted based on the testing results. 2. A four hour pump test will need to be provided for the Daniels Well No. 2. 5 3. There appears to be an existing roadway that is providing access to three of the four lots however this is not a legal access with no easement provided. No access can be provided from this roadway to any lot and all accesses will need to be gained directly from Quicksilver Court. B. Garfield County Road and Bridge (Exhibit 3): Road and Bridge has no concerns with the request. C. Colorado Division of Water Resources (Exhibit 5): According to our records, Well Permit Nos. 67565-F and 67566-F were issued on September 30, 2008, for change/expansion of use of existing wells both located in the SE1/4 of the SW1/4 of Section 22, Twp. 6 South, Rng. 93 West of the 6th P. M. The use of groundwater from each well is approved for fire protection, ordinary household purposes inside two (2) single family dwellings, two (2) accessory dwelling units, the irrigation of not more than 14,000 square feet of home gardens and lawns, and the watering of four (4) head of domestic animals. Approved uses include filling, refilling and storage of a 10,000 square foot pond by either well or both wells. The pumping rate of each well shall not exceed 15 gpm. The combined average annual amount of ground water from both wells (Permit Nos. 67565-F and 67566-F) shall not exceed 8.34 acre-feet. Per our records, the current permits are valid. As long as the uses for the above described wells do not exceed those allowed under the permits, this office has no objection to the wells serving the proposed ADU for each lot. D. Grass Mesa Homeowners Association (Exhibit 6): 1. Water is a serious concern in nearly all of Grass Mesa. Many owners haul water at least for a portion of the year. Adding four more water users may have a detrimental impact on the availability of water for the existing Grass Mesa residents. We note that the proposed water source for these four ADU's will be Shared We112 (Permit No. 67565-F) and Shared Well 3 (Permit No. 67566-F). Further, we noted that these wells have not been tested for flow rates since 2008 and the test was just a three hour pump test. We hope that, if this application is approved, one of the Conditions of Approval will be to require that these two wells be re -tested and that the pump test run for four hours. In fact, the Association's preference would be to require that the water source for these additional ADU's would be from West Divide Water Conservancy District since, apparently, the District is capable of providing the needed water. 2. All of the roads in Grass Mesa are private roads. Road maintenance is the largest expense item in the Grass Mesa annual budget. As a result, 6 Grass Mesa is always concerned about any additional traffic on these roads. As previously stated, the Grass Mesa declarations permits one ADU per lot, thus the additional traffic associated with this proposal in not unexpected; however, it is still an additional burden on the road system. Grass Mesa is especially concerned about any heavy equipment traffic that may be needed in order to construct these four ADU's. The Association would like to see a Condition of Approval wherein the Association would be automatically reimbursed by the Applicant for any damage to the roadway that is caused by traffic associated with the development and construction of these four ADO's. 3. The Association is also puzzled by the fact that the Applicant is building ADU's on these four lots prior to the construction of a primary residence. Although we don't think this is prohibited, to our knowledge it is highly unusual thus the Association would like to understand why the ADU's are being built prior to the construction of a primary residence. We are suspicious of the motive behind this action. Colorado River Fire Rescue (Exhibit 7): 1. Lot 7 well supplies the water for the fire suppression water in the pond. With adding two homes to the well, is the usage of water for the homes going to allow for the pond to be refilled when and if needed along with maintaining the full status of the required water supply in the original subdivision plat? 2. On my site visit on Monday, the pond was close to full but the vegetation (cattail's and other growth) in the pond may hinder the drafting of the water from the pond through the intake of the suction pipe. The pond appears to need some cleaning and maintenance. The owners should make contact with me so we can agree on a pond maintenance schedule. VI. STAFF ANALYSIS Article 7, Division 1: General Standards 1. Section 7-101: Compliance with Zone District Use Regulations The parcels are currently vacant. Any future primary or Accessory Dwelling Units will need to conform to the Zone District Use Regulations for the Rural zone district. 2. Section 7-102: Conformance with Comprehensive Plan and compliance with IGAs The County Comprehensive Plan identifies the property as Residential Low Density (10+ acres per dwelling unit). Each of the subject parcels is approximately 10 acres. 7 3. Section 7-103: Compatibility The proposed use is located in a rural area and is unlikely to significantly alter or impact the character of the area. The areas surrounding the subject property are predominantly residential and agricultural in nature. ADUs were contemplated at the time of subdivision, however, the subdivision approval requires that the ADUs obtain a separate Land Use Permit prior to construction. 4. Section 7-104: Sufficient, Adequate, Legal and Physical Source of Water The ADUs are to be served by two existing wells within the subdivision. It is understood that Lots 4 and 5 will be served by Shared Well 2 (Permit No. 67565-F — Daniels Well No. 2) while Lots 6 and 7 will be served by Shared Well 3 (Permit No. 67566-F — Daniels Well No. 1). Through a review of the Preliminary Plan and Final Plat, it is understood that each of these wells have adequate legal water to serve an ADU on each of the parcels. Both well Permit No. 67565-F and 67566-F separately allow for use within 2 single family homes and 2 accessory dwelling units. In addition, it is understood that augmentation contacts are in place for each of the shared wells and are in good standing. The application was referred to the Division of Water Resources (Exhibit 5), who provided the following comments regarding the water supply: According to our records, Well Permit Nos. 67565-F and 67566-F were issued on September 30, 2008, for change/expansion of use of existing wells both located in the SE1/4 of the SW1/4 of Section 22, Twp. 6 South, Rng. 93 West of the 6th P. M. The use of groundwater from each well is approved for fire protection, ordinary household purposes inside two (2) single family dwellings, two (2) accessory dwelling units, the irrigation of not more than 14,000 square feet of home gardens and lawns, and the watering of four (4) head of domestic animals. Approved uses include filling, refilling and storage of a 10,000 square foot pond by either well or both wells. The pumping rate of each well shall not exceed 15 gpm. The combined average annual amount of ground water from both wells (Permit Nos. 67565-F and 67566-F) shall not exceed 8.34 acre-feet. Per our records, the current permits are valid. As long as the uses for the above described wells do not exceed those allowed under the permits, this office has no objection to the wells serving the proposed ADU for each lot. In addition, the Grass Mesa Homeowners Association (Exhibit 6) provided the following comments regarding water: Water is a serious concern in nearly all of Grass Mesa. Many owners haul water at least for a portion of the year. Adding four more water users may have a detrimental impact on the availability of water for the existing Grass 8 Mesa residents. We note that the proposed water source for these four ADU's will be Shared We112 (Permit No. 67565-F) and Shared Well 3 (Permit No. 67566-F). Further, we noted that these wells have not been tested for flow rates since 2008 and the test was just a three hour pump test. We hope that, if this application is approved, one of the Conditions of Approval will be to require that these two wells be re -tested and that the pump test run for four hours. In fact, the Association's preference would be to require that the water source for these additional ADU's would be from West Divide Water Conservancy District since, apparently, the District is capable of providing the needed water. Water quantity testing was conducted for Daniels Well No. 1, which shows adequate flows. Daniels Well No. 2, however, was only tested for a period of 3 hours and not the required 4 hours. As a result, Staff recommends a condition of approval that the Daniels Well No. 2 be tested for the required 4 hours. Regarding water quality, at the time the Quicksilver Court Subdivision was approved more limited water quality results were required. As a result, the submitted water quality results do not cover all contaminants identified in Section 4-203(M)(1)(b)(5)(c). The results that were submitted were also conducted in 2008. In addition, comments from the County designated engineer states the following (Exhibit 4): The water quality tests were not performed on one of the wells. The other well had coliform detected. Additionally, the water quality tests were performed many years ago and the water was tested for only a few items. The Applicant should retest the water quality from both of the wells proposed to be used for the ADUs. Additional recommendations may be warranted based on the testing results. As a result, Staff recommends that Daniels Well No. 1 and Daniels Well No. 2 be quality tested for the contaminants listed in Section 4-203(M)(1)(b)(5)(c) prior to issuance of the Land Use Change Permits. These results should then be reviewed and accepted by the County designated engineer and Community Development Department. Should the results not meet recognized drinking water standards, then water treatment system(s) may be necessary. 5. Section 7-105: Adequate Central Water Distribution and Wastewater Systems Individual water lines from the shared will are to be run to the lots at the time of construction and within the parameters of the Subdivision approval. The Applicant is proposing to construct new Onsite Wastewater Treatment Systems (OTWS) for each Lot at the time of construction. Staff recommends a conditions of approval that all necessary County permits be obtained for this system at the time of construction. 9 6. Section 7-106: Adequate Public Utilities Adequate public utilities currently exist at the subject parcel. 7. Section 7-107: Access and Driveways a. The application was referred to the Garfield County Road and Bridge Department (see Exhibit 3). Dan Goin of Garfield County Road and Bridge indicated Road and Bridge has no concerns with the proposed ADU. b. The Applicant has submitted a waiver from the road standards in Section 7-107. The Applicant has provided an updated traffic study from the one conducted for the Quicksilver Court subdivision. While the original traffic study contemplated the impacts from ADUs on each of lot, it did not address the sufficiency of the private road network from County Road 319 to the development. The submitted report, prepared by.Kimley-Horn and dated June 26, 2017, states that "...the surrounding street network and proposed access will successfully accommodate this projected traffic volume." Staff has found that this representation is adequate to satisfy the requirements of the Code. Comments have also been received from the Grass Mesa Homeowners Association (Exhibit 6) regarding roads: All of the roads in Grass Mesa are private roads. Road maintenance is the largest expense item in the Grass Mesa annual budget. As a result, Grass Mesa is always concerned about any additional traffic on these roads. As previously stated, the Grass Mesa declarations permits one ADU per lot, thus the additional traffic associated with this proposal in not unexpected; however, it is still an additional burden on the road system. Grass Mesa is especially concerned about any heavy equipment traffic that may be needed in order to construct these four ADU's. The Association would like to see a Condition of Approval wherein the Association would be automatically reimbursed by the Applicant for any damage to the roadway that is caused by traffic associated with the development and construction of these four ADU's. While the cost of road maintenance is appreciated, it is Staff's opinion that it is not appropriate for the County to be an intermediary with private contractual agreements for road maintenance. The presence of private road maintenance agreements in order to ensure long term care of the private road network is a concern to the County, however enforcing those private contractual provisions is outside the scope of the County's role in land use approvals. c. It has been noted that there is an oil and gas access road that goes through Lot 6. Comments from the County designated engineer states (See Exhibit 4): 10 There appears to be an existing roadway that is providing access to three of the four lots however this is not a legal access with no easement provided. No access can be provided from this roadway to any lot and all accesses will need to be gained directly from Quicksilver Court. It is worth noting that while this access road is in place to serve the oil and gas facility, any usage of that road for lot access is subject to the easement in place with the holder of that easement. 8. Section 7-108: Natural Hazards No natural hazards have been identified on the subject parcels. 9. Section 7-109: Fire Protection The impact area within the subject parcel has been identified as having a Moderate level of Wildfire Susceptibility in accordance with Map 7 of the Community Wildfire Protection Plan. As a part of the subdivision approval, a 1.061 acre feet fire protection pond is located on a portion of Lots 5 and 6. In addition, a 1000 gallon water supply tank is to be located on each lot at the time of construction. The parcels are located within the Colorado River Fire Rescue service area. The application was referred to Colorado River Fire Rescue, who provided the following comments (See Exhibit 7). 1. Lot 7 well supplies the water for the fire suppression water in the pond. With adding two homes to the well, is the usage of water for the homes going to allow for the pond to be refilled when and if needed along with maintaining the full status of the required water supply in the original subdivision plat? 2. On my site visit on Monday, the pond was close to full but the vegetation (cattail's and other growth) in the pond may hinder the drafting of the water from the pond through the intake of the suction pipe. The pond appears to need some cleaning and maintenance. The owners should make contact with me so we can agree on a pond maintenance schedule. A review of the well permits for the development show that each one may be used to refill the fire protection pond. Domestic and fire protection water was analyzed for both the ADUs and the primary dwelling units during the original subdivision approval. At this time, it was determined that adequate water is available to refill the fire protection pond in addition to serving the primary dwelling units and ADUs. Regarding the identified maintenance issues with the Pond, Staff recommends a condition of approval that the Applicant meet with Colorado River Fire Rescue, as requested, to either review the existing maintenance plan for the pond or implement a new maintenance plan that is satisfactory to the District. Staff recommends that this 11 condition be satisfied prior to issuance of the Land Use Change Permit. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The subject parcels are not currently in agricultural production. It is not anticipated that the proposed ADUs would adversely affect neighboring agricultural uses or agricultural uses on the subject parcels. 11. Section 7-202 Wildlife Habitat Areas The ADU is expected to have impacts on wildlife similar to a single family dwelling unit. 12. Section 7-203 Protection of Waterbodies No waterbodies exist within the Quicksilver Court Subdivision. 13. Section 7-204 Drainage and Erosion Each of the subject Lots are currently vacant. At the time of subdivision approval, appropriate grading and drainage was reviewed with appropriate building envelopes established at that time. At the time of construction, location specific drainage and erosion control will be reviewed as a part of the Building Permit process. 14. Sections 7-205 Environmental Quality No water or air quality issues are anticipated from the proposed project. 15. Section 7-206 Wildfire Hazards The impact area of the subject property is identified as Moderate according to Map 7, Wildland Fire Susceptibility Index of the Community Wildfire Protection Plan (CWPP). In addition, no slopes over 30% have been identified and no fire chimneys are known to exist on the property. As a result, it is Staff's opinion that the wildfire hazard in this area is within manageable levels. 16. Section 7-207 Natural and Geologic Hazards As noted in Section 8 of this Staff Report, no natural and geologic hazards have been identified on the subject property. 17. Section 7-208 Reclamation Minimal disturbance is anticipated as a result of the proposed ADUs. 12 Article 7, Division 3, Site Planning and Development Standards 18. Section 7-301 Compatible Design: The ADU use is generally compatible with surrounding residential land uses. In addition, ADUs were contemplate when during the original subdivision approval. At that time, the traffic impacts, water demands, and compatibility issues were reviewed. In order to limit any compatibility issues, a limit of 1500 square feet per ADU was memorialized on the Plat. As a result, staff recommends a conditions of approval that each ADU be limited to 1500 square feet each in order to maintain consistency with the Subdivision approval. 19. Section 7-302 Off- Street Parking and Loading Standards: As each parcel is over 10 acres, there is ample room on each parcel for appropriate parking to be developed at the time of construction. 20. Sections 7-303 Landscaping Standards: The LUDC specifically exempts ADUs from Section 7-303. 21. Section 7-304 Lighting: Staff recommends a condition of approval that any exterior lighting comply with the Standards outlined in Section 7-304. 22. Section 7-305 Snow Storage Standards: The property has adequate snow storage areas that are in compliance with County standards. 23. Section 7-306 Trail and Walkway Standards: No recreational or community facility access areas are proposed. Article 7, Division 7, Accessory Dwelling Unit 24. Maximum Floor Area: As the property is over 4 acres, the LUDC limits the size of the ADUs to 3,000 square feet each. However, the Quicksilver Court Subdivision approval limits ADU size to 1500 square feet each. As a result, Staff suggests a condition of approval that each ADU be limited to 1500 square feet or less in size. 13 25. Ownership Restriction: The Applicant and Owner understand that the ADU is restricted to leasehold interests and may be used for residential or Home Office / Business use only. 26. Compliance with Building Code: Staff recommends a Condition of Approval requiring the Applicant to obtain all necessary building permits from Garfield County for future development. 27. Minimum Lot Area: Each of the subject parcels are over 10 acres each and as a result the minimum lot area requirement of at least 2 acres in the Rural zone district is satisfied. 28. Entrance to Dwelling Unit: The Applicant understands that each ADU must have its own separate entrance. VII. SUGGESTED FINDINGS AND RECOMMENDATION Staff recommends a finding that the proposed Accessory Dwelling Units are in conformance with the Comprehensive Plan of 2030 as well as the Land Use and Development Code. Staff, therefore, recommends approval with conditions of the Quicksilver Court Lots 4-7 ADU application. Suggested Findings 1. That proper public notice was provided as required for the Administrative Review Land Use Change Permit. 2. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 3. That with the adoption of conditions, the application has adequately met the requirements of the Garfield County Land Use and Development Code of 2013, as amended. Suggested Conditions of Approval Conditions Prior to Issuance of the Land Use Change Permit: 1. Prior to issuance of the Land Use Change Permit, a 4 -hour pump test shall be conducted for Shared Well 3 (Permit No. 67566-F — Daniels Well No. 1). This pump test shall be done in compliance with Section 4-203(M)(1)(b)(5)(a) of the LUDC. 14 The results of this test shall be submitted for review and acceptance to the Community Development Department and County designated engineer. 2. Prior to issuance of the Land Use Change Permit, a water quality test shall be conducted on both Shared Well 2 (Permit No. 67565-F — Daniels Well No. 2) and by Shared Well 3 (Permit No. 67566-F — Daniels Well No. 1). This quality test shall be for contaminants listed in Section 4-203(M)(1)(b)(5)(c) of the LUDC. These results shall then be reviewed and accepted by the County designated engineer and Community Development Department. Should the results not meet recognized drinking water standards, then water treatment system(s) may be necessary. As the ADUs and water systems have not yet been developed on Lots 4-7, at the time of building permit the property owner shall submit the water quality test results conducted for this condition of approval along with any necessary water treatment system(s) required to meet EPA drinking water standards. 3 The Applicant shall meet with Colorado River Fire Rescue to either review the existing maintenance plan for the pond or implement a new maintenance plan that is satisfactory to the District. The Applicant shall also conduct any immediate cleaning or other maintenance of the Pond as require by the District. A letter from the Fire Protection District indicating that the existing or new maintenance plans are adequate and that any necessary immediate maintenance has been conducted shall be provided and accepted by the Community Development Department prior to issuance of the Land Use Change Permit. Conditions of Approval: 4. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 5. The Applicant shall comply with Additional Standards for Residential Uses contained in Section 7-701, Accessory Dwelling Units, of the Land Use and Development Code of 2013, as amended. 6. The Floor Area for the Accessory Dwelling Unit shall not exceed 1500 square feet. 7. The ADU shall be subject to all Garfield County Building Code and Onsite Wastewater Treatment System (OWTS) requirements. The property owner shall obtain any necessary Garfield County Building Permits and OVVTS Permits for the ADU. 8. All exterior lighting shall be downcast and shielded and comply with Section 7-304, Lighting Standards, of the Land Use and Development Code of 2013, as amended. 9. An ADU is restricted to leasehold interest in the dwelling unit and is for residential or Home Office/Business use only, as described in the Land Use and Development 15 Code of 2013, as amended. 10. The ADU shall have a separate entrance from the primary dwelling unit. 11.At the time of building permit for the ADU the property owner shall submit the water quality test results for the well serving the subject lot and conducted for this Permit along with any necessary water treatment system(s) required to be installed in order to meet EPA drinking water standards. 16 3 EXHIBIT Garfield County PUBLIC HEARING NOTICE INFORMATION Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. My application required written/mailed notice to adjacent property owners and mineral owners. ✓ Mailed notice was completed on the 3rd day of JULY 2017. ✓ 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. ✓ All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] • Please attach proof of certified, return receipt requested mailed notice. 0 My application required Published notice. Notice was published on the day of , 20 . ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 20 . Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: Jena Skinner Signature: Date: 07/04/17 Jena Skinner 207.04 17:5!"'�-3ca 06'00' APO C&B JEWELL REVOCABLE FAMILY LIVING TRUST 124 E LEOTA STREET WASILLA, AK 99654 COKER, KENT L & MICHELLE S 1300 QUICK SILVER WAY RIFLE, CO 81650 BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 MINERAL OWNERS JEWELL, STEFANIE D 1155 QUICKSILVER WAY RIFLE, CO 81650 MACKLIN, JUSTIN L & NICOLE L 1000 CEDAR BREAKS ROAD RIFLE, CO 81650 MALDONADO, JOSE N REYES & SOTO, ISIDRA LANDEROS PO BOX 1992 EAGLE, CO 81631 DANIELS, GEORGE H III 176 GH DANIELS BLVD GYPSUM, CO 81637 ENCANA OIL & GAS, INC LAND DEPARTMENT 2717 COUNTY RD 215, STE 100 PARACHUTE, CO 81635 EXHIBIT SCHULTZ, FREDERICK E JR 900 CEDAR BREAKS ROAD RIFLE, CO 81650-8438 QUICKSILVER COURT HOMEOWNERS ASSOCIATION 1155 QUICKSILVER WAY RIFLE, CO 81650 MCMULLEN, JESSICA LEA 2460 PIONEER WAY RIFLE, CO 81650 BALLARD PETROLEUM INC 950 17TH ST #2600 DENVER, CO 80202 dee P...rt.. rar .1 a Pro-. 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Only umi $3.35 1 M Isla lrrk,•1Ir...r.+waw .rrn.px1 ❑14..4r4...2.�aM 1 .Si1Li+ ! 1 D D'w..R.edml«..ww . 0,010 0 Dr,.nr,..11egra.o,men 1 40.9D 0 ❑.dw: e P a d 10:00 0 1l+1.. 0 r- nri y 13.84 � War r rtrivRieW • f tiro id 1 wage 60.49 07/03/2017 David Pesnichak From: Dan Goin Sent: Thursday, June 29, 2017 9:54 AM To: David Pesnichak Cc: Dale Stephens Subject: Quicksilver Sub EXHIBIT t� David this is concerning Quicksilver Court Sub. GAPA 05-17-8536 thru GAPA 05-17-8539 These are accessed off of the Grass Mesa Subdivison rd there for we are good with it and it should need no further action from us at this time. Dan Goin District 3 Foreman Garfield County Road and Bridge 0298 CR 333A, Rifle CO 81650 970-625-8601 1 July 12, 2017 Mr. David Pesnichak Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNT/IN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design .0 a EXHIBIT RE: Review of the Quicksilver Court Subdivision ADUs - Lot 4, Lot 5, Lot 6, and Lot 7: GAPA-05-17-8536, GAPA-05-17-8537, GAPA-05-17-8538, & GAPA-05-17-8539 Dear David: This office has performed a review of the documents provided for the Quicksilver Court Subdivision ADU Applications for Lots 4, 5, 6, and 7. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The water quality tests were not performed on one of the wells. The other well had coliform detected. Additionally, the water quality tests were performed many years ago and the water was tested for only a few items. The Applicant should retest the water quality from both of the wells proposed to be used for the ADUs. Additional recommendations may be warranted based on the testing results. 2. A four hour pump test will need to be provided for the Daniels Well No. 2. 3. There appears to be an existing roadway that is providing access to three of the four lots however this is not a legal access with no easement provided. No access can be provided from this roadway to any lot and all accesses will need to be gained directly from Quicksilver Court. Feel free to call if you have any questions or comments. Sincerely, Mount In Cross Engin rin Inc. F .)1 T. 'lrs Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 MEMORANDUM Date: July 17, 2017 To: David Pesnichak, Garfield County, Community Development Department From: Justina P. Mickelson, Physical Science Researcher Scientist Re: Quicksilver Court Sub — ADUs Lot4-7; GAPA-05-17-8536 (lot 4), GAPA-05-17-8537 (lot 5), GAPA-05-17-8538 (lot 6), GAPA-05-17-8539 (lot 7) We have reviewed the request for a Land Use Change Permit to construct an Accessory Dwelling Unit (ADU) on each of Lots 4, 5, 6, and 7 within the Quicksilver Court Subdivision. Each lot is approximately 10 acres in size, described as Lots 4, 5, 6, and 7 of the Quicksilver Court Subdivision, located the SW1/4 of Section 22, Township 6 South, Range 93 West of the 6th P.M. The applicant does not propose to create a new lot or change the size of the existing lots. Lots 4 and 5 will be served by Shared Well 2 (Permit No. 67565-F, aka Daniels Well No. 1) and lots 6 and 7 will be served by Shared Well 3 (Permit No. 67566-F, aka Daniels Well No. 2). A primary single family dwelling and an ADU will be constructed on each lot. Per the application, each ADU will be serviced by an onsite waste water treatment system. According to our records, Well Permit Nos. 67565-F and 67566-F were issued on September 30, 2008, for change/expansion of use of existing wells both located in the SE1/4 of the SW1/4 of Section 22, Twp. 6 South, Rng. 93 West of the 6th P.M. The use of groundwater from each well is approved for fire protection, ordinary household purposes inside two (2) single family dwellings, two (2) accessory dwelling units, the irrigation of not more than 14,000 square feet of home gardens and lawns, and the watering of four (4) head of domestic animals. Approved uses include filling, refilling and storage of a 10,000 square foot pond by either well or both wells. The pumping rate of each well shall not exceed 15 gpm. The combined average annual amount of ground water from both wells (Permit Nos. 67565-F and 67566-F) shall not exceed 8.34 acre-feet. Per our records, the current permits are valid. As long as the uses for the above described wells do not exceed those allowed under the permits, this office has no objection to the wells serving the proposed ADU for each lot. Since the original 39.9 -acre property was subdivided into four Tots after the well permits were issued, the applicant may submit a request to this office to amend the existing permits to accurately reflect the approved new lots each well is currently serving. For this particular situation, there is no fee required. The request should be submitted with a copy of the County subdivision approval of the Quicksilver Court Subdivision. Please feel free to contact me at 303-866-3581 if you or the applicant has any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Zara -5i, • JlYGrass Mesa Homeowners Association An Elk Peaks Managed Association July 17, 2017 Mr. David Pesnichak Senior Planner Garfield County Community Development Department 108 8''' Street, Suite 401 Glenwood Springs, CO 8160I EXHIBIT www.ElkPeaksAssocradons. corn Re: Quicksilver Court Subdivision, Lots 4, 5, 6 & 7. Accessory Dwelling Units Dear Mr. Pesnichak: Thank you for allowing the Grass Mesa Homeowners Association, ("Grass Mesa") an opportunity to comment on the above referenced application that is pending before the Community Development Department. As you know, these four lots are part of the Grass Mesa Homeowners Association, as such, whatever is done on these lots can have an impact on the other lots and owner/members of the Grass Mesa Homeowners Association. Grass Mesa's declarations permit owners to construct accessory dwelling units ("ADU's") on their lots, thus the Association does not object to the request on the basis of adding ADU's to lots 4, 5, 6 & 7. Nevertheless, the Association does have significant concerns regarding this application_ 1. Water is a serious concern in nearly all of Grass Mesa. Many owners haul water at least for a portion of the year. Adding four more water users may have a detrimental impact on the availability of water for the existing Grass Mesa residents. We note that the proposed water source for these Four ADU's will be Shared Well 2 (Permit No. 67565-F) and Shared Weil 3 (Permit No. 67566-F). Further, we noted that these wells have not been tested for flow rates since 2008 and the test was just a three hour pump test. We hope that, if this application is approved, one of the Conditions of Approval will be to require that these two wells be re -tested and that the pump test run for four hours. In fact, the Association's preference would be to require that the water source for these additional ADU's would be from West Divide Water Conservancy District since, apparently, the District is capable of providing the needed water. 2. All of the roads in Grass Mesa are private roads. Road maintenance is the largest expense item in the Grass Mesa annual budget. As a result, Grass Mesa is always concerned about any additional traffic on these roads. As previously stated, the Grass Mesa declarations permits one ADU per lot, thus the additional traffic associated with this proposal in not unexpected; however, it is still an additional burden on the road system. Grass Mesa is especially concerned about any heavy equipment traffic that may be needed in order to construct these four ADU's. The Association would like to see a Condition of Approval wherein the Association would be automatically reimbursed by the Applicant for any damage to rhe roadway that is caused by traffic associated with the development and construction of these four ADU's. Grass Meso@ElkPeuk...com 46 East Ridge, Ste. 100, Battlement Mesa, CO 81635 970.285.7482 IL Grass Mesa Homeowners Association An Elk Peaks Managed Association www.ElkPeaksAssorkiiions.rom 3. The Association is also puzzled by the fact that the Applicant is building ADU's on these four lots prior to the construction of a primary residence. Although we don't think this is prohibited, ro our knowledge it is highly unusual thus the Association would like ro understand why the ADU's are being built prior to the construction of a primary residence. We are suspicious of the motive behind this action. Again, thank you for allowing Grass Mesa an opportunity to comment on this Application. Regards, Keith Lariuncy Association Mat ger Grass Mesa@ElkPeaks.com 46 East Ridge, Ste. 100, Battlement Mesa, CO 81635 970.285.7482 COIaRAllil k1V'F:R Colorado River Fire Rescue EXHIBIT David Pesnichak 108 Stn Street, Suite 201 Glenwood Springs, CO 81601 RE: Quicksilver Court Lot 4, 5, 6, and 7 July 19, 2017 David: This letter is to advise you that I have reviewed File Number: GAPA-05-17- 8536 through 8539, Quicksilver Court lot 4, 5, 6, and 7, located at Quicksilver Court Subdivision on Grass Mesa. I have made a site visit to this location and reviewed the digital application. I have some concerns with the existing water supply for the subdivision and they are as follow: 1. Lot 7 well supplies the water for the fire suppression water in the pond. With adding two homes to the well, is the usage of water for the homes going to allow for the pond to be refilled when and if needed along with maintaining the full status of the required water supply in the original subdivision plat? 2. On my site visit on Monday, the pond was close to full but the vegetation (cattail's and other growth) in the pond may hinder the drafting of the water from the pond through the intake of the suction pipe. The pond appears to need some cleaning and maintenance. The owners should make contact with me so we can agree on a pond maintenance schedule. I have no other requirements or concerns with the proposed ADU's at this location. 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, Division Chief/Fire Marshal