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HomeMy WebLinkAboutResponse to NTC Ltr (1) April 21, 2026 Glenn Hartmann, Community Development Director Garfield County Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 RE: Response to Request for Revisions and Additional Materials for Lake Springs Ranch PUD/Preliminary Plan Amendment and Rezoning Applications - Garfield County File Numbers: PUAA-12-25-9098 (PUD/Preliminary Plan Amendment) and ZDAA-12-25-9097 (Rezoning). Dear Glenn: This letter is being provided in response to your March 10th NTC letter requesting revisions and additional information in relation to the PUD/Preliminary Plan Amendment and Rezoning applications related to the three parcels that are currently part of the Lake Springs Ranch PUD/Subdivision (NTC Letter attached). We have addressed the requested items below. Where appropriate, supporting documents have been attached. These documents are referenced with an attachment number in our responses below. Updated Title Commitments Title Commitments for the three properties need to be updated. Response: An updated title commitment has been provided for the two parcels owned by the Berkeley Family, LLLP (PID #’s: 218733300153 & 218733400107) as Attachment 2. An updated title commitment for the parcel owned by Plus Lazy K, LLC (PID #: 218733300154) is also included (Attachment 3). Updated Statements of Authority Statements of authority for the three properties need to be updated and current within a year. Response: A current Statement of Authority (SOA) for the Berkeley Family, LLP is provided as Attachment 4 and a current SOA has also been provided as Attachment 5. Both SOA documents have been recorded as required pursuant to Section 4-203(B)(1)(c) of the Garfield County Land Use and Development Code (LUDC). Mineral Notice Clarifications: Mineral notice clarifications and correction to the mineral notice letter and research form are needed. Separate mineral notice research forms for each property need to be provided. We understand that much of the background research is overlapping between properties. Response: The Mineral Rights Information exhibit (Exhibit 6 in the original PUD/Preliminary Plan Application & Exhibit 5c in the original Rezoning Application), has been revised to include separate Certificate of Mineral Research COMOR forms for each applicant (Attachment 6). As requested, each form includes the address of the other applicant to reflect the fact that private mineral rights have been retained by the owners of each parcel. The cover letter itself has also been revised to clarify this situation. When appropriate, the adjacent landowner/mineral rights owner list for public noticing will include both the BLM and corresponding private mineral rights owner names and addresses. Supplemental Information Re: Impact Report Requirements: An Application supplement needs to be provided to address the need for an Impact Report. This may be addressed through reference to existing exhibits or appendices included in the current submittal. Response: The requirements for an impact analysis report are identified in Section 4-203(G) of the LUDC. These requirements are listed below, along with either a reference indicating where each topic is addressed in the Lake Springs Ranch PUD/Preliminary Plan Amendment Application (Application) or a more detailed response addressing the standard. The responses below apply to the parcel located on the east side of CR 114 (PID #: 218733300153), which will remain within the PUD and for which the primary amendments to the Preliminary Plan are being requested. This parcel will be referred to as the Subject Property in the following responses. 1. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1,500-foot radius. Response: Existing use and compatibility with surrounding properties is addressed in the Applicants’ response to Section 7-103 of the LUDC which can be found on pages 14 through 16 of the Application. This discussion includes a Surrounding Land Use Map which shows the neighboring properties within 1,500 feet of the Lake Springs Ranch parcels. The discussion also includes a review of the uses contemplated in the approved Preliminary Plan for Spring Valley Ranch (SVR). We understand the SVR owners are now seeking to abandon the current PUD zoning and rezone the property to the Rural zone district. However, at this time no change to the existing PUD zoning has been approved. Compatibility with any future development on the SVR property under the Rural zone district will depend on how the lands nearest to the Lake Springs Ranch property are actually developed. Since no development plan is included with the SVR rezoning application, it’s difficult to comment on compatibility in any detail. However, we would note that the portion of the Lake Springs Ranch PUD located west of CR 114 is also proposed to be removed from the PUD and rezoned to the Rural district. While this would seem to ensure compatibility between the two properties, it should be noted that the Lake Springs Ranch land west of CR 114 has been encumbered by a conservation easement which limits it to agriculture, open space and low-density residential uses. 2. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Response: As stated on page 23 of the Application, the only natural hazards either mapped or known to exist on the Subject Property include a small area of high ground water located near the pond and two inferred faults mapped by Kirkham and Widmann (1997). No streams or areas of flooding exist on the Subject Property. The area of high groundwater is addressed in the response to Section 7-108 on pages 23 & 24 of the Application. Issues related to the inferred faults are addressed on page 23 of the Application narrative and in Exhibits 25 and 26 of the Application. The primary natural feature on the Subject Property is Lake Springs Pond. Issues related to surface water are addressed in response to Section 7-203 on pages 29 to 31; in the response to Section 7-204 on pages 31 to 34; and in Exhibit 27 – Ecological Impact Report, of the Application. Topograhy is addressed in the response to Section 7-207 on pages 37 to 39. Vegetative Cover is addressed in Exhibit 27 – Ecological Impact Report and in the Weed Management Plan - Exhibit 33. 3. Soil Characteristics. A description of soil characteristics of the site that have a significant influence on the proposed use of the land. Response: Soils and sub-surface geologic characteristics and preliminary design recommendations to address these conditions are described in the geologic reports provided by HP Geotech (now Kumar) provided as Exhibits 25 and 26 of the Application. The recommendations to address soils and geologic conditions have been incorporated as condition eight of the resolution approving the most recent amendment of the PUD/Preliminary Plan (BOCC Resolution No. 2016-35) which is provided as Exhibit 11 to the Application. 4. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or manmade hazards, and a determination of what effect such factors would have on the proposed use of the land. Response: See response to item 3 above. 5. Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to Floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the Slope of the land, the effect of sewage effluents, and the pollution of surface Runoff, stream flow, and groundwater. Response: There are no floodplains on the Subject Property. As described in the Application and in the Utility Engineering Report (Exhibit 15a), wastewater service will be provided by the Spring Valley Sanitation District through the installation of sanitary sewer lines that will connect to an existing 15-inch sanitary sewer main. This eliminates concerns related to soils limitations and the impact of sewage effluents on groundwater. As mentioned in the response to item 2 above, slopes are discussed in the response to Section 7-207 on pages 37 to 39 of the Application. Surface runoff and the impacts on surface water quality are addressed in the response to Section 7-204 on pages 31 to 34 of the application narrative and in the Preliminary Drainage Plan – Exhibit 16 of the Application. 6. Environmental Impacts. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: Determination of the long-term and short-term effect on flora and fauna; Response: Provided in the Ecological Impact Report – Exhibit 27 of the Application. Determination of the effect on designated environmental resources, including critical wildlife habitat; Response: Provided in Ecological Impact Report - Exhibit 27 of the Application. Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns, or other disruptions; and Response: Provided in Ecological Impact Report - Exhibit 27 of the Application. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. Response: Non-identified. 7. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Response: Other than impacts associated with the construction phase of project development, which will be addressed in a construction management plan at the Final Plat stage of the review process, the proposed project will not generate vapor, dust, smoke, noise, glare, vibration or other emanations beyond those typically associated with low-density rural residential development. Compatibility with adjacent land uses is further described in the response to Section 7-103 on pages 14 to 16 in the Application. 8. Hours of Operation. The Applicant shall submit information on the hours operation of the proposed use. Response: Not applicable. Additional Topics/Considerations: Response: The Applicants understand that Staff anticipate utilizing the County’s consulting civil engineer and hiring a consulting water engineer to review the Rezoning and PUD/Preliminary Plan Amendment Applications, including consideration of issues related to aquifer sustainability and that additional information may be requested based on the review of these consultants. The Applicants reserve the right to provide additional information in response to the comments provided by these consultants prior to the applications being reviewed by the Planning and Zoning Commission or Board of County Commissioners. The March 10th NTC letter mentions the potential for seeking clarification of the recommendation for a joint monitoring program in the Zancanella and Associates Water Supply Report (Exhibit 14 of the Application) as well as additional discussion of well recovery. We offer the following preliminary background and supplemental information related to the monitoring program and well recovery topics. The well monitoring program mentioned in the Zancanella Water Supply Report actually stems from a condition of approval that has been included in the Lake Springs Ranch PUD approval documents since at least 2012. This well monitoring requirement is included as Condition 16 of the current preliminary plan approval resolution (Resolution No. 2016-35). The text of the condition is provided below. “16. Lake Springs shall participate with Spring Valley and other land owners in the Spring Valley area in a ground water monitoring program to monitor water levels in the Spring Valley Aquifer, as described in the Memorandum dated December 6, 2000, authored by Anne Castle and Chris Thorne of Holland & Hart as attached to Resolution 2012-80. The data collected pursuant to the monitoring program will be provided to and maintained by the Basalt Water Conservancy District (the "Basalt District”). If and when the monitoring program, or other reliable data and information, provide evidence of a long term trend that indicates an inability of the Spring Valley Aquifer to satisfy expected demand associated with decreed water rights owned by Lake Springs, Spring Valley, and the other parties participating in the monitoring program, the Applicant shall cooperate with the Basalt District to identify and implement necessary and appropriate corrective measures which may include: (a) implementation of water conservation measures and/or (b) evaluation of the opportunities for provision of a substitute water supply from a supplement source.” The Berkely Family has long expressed a willingness to participate in the monitoring program when it was established and to abide by the requirements of Condition 16 quoted above. To their knowledge, the monitoring program has not been initiated but they continue to be willing to participate and have installed monitoring equipment in Well D to facilitate data collection. Well monitoring data was collected in 2025 but a regular protocol for data collection and reporting has not yet been defined. The Berkeleys anticipate that Condition 16, or something similar, would continue to be included in the resolution of approval for the PUD/Preliminary Plan approvals currently being requested should the County grant such approval. The Applicants would also like to point out that in the years since Condition 16 was added to the approvals for the Lake Springs Ranch PUD, the Berkeley Family has completed a phased land conservation strategy, which has reduced the development potential associated with the Lake Springs Ranh PUD project by 100 dwelling units. This reduction materially decreases projected demand on the decreed water rights and could reasonably be considered a corrective measure under Condition 16. In addition, approximately 254 acres have been preserved as open space, agriculture, wetlands, and wildlife habitat. These land uses maintain predominantly pervious conditions, support natural infiltration processes, and sustain aquifer recharge functions within the Spring Valley Aquifer system, rather than introducing additional impervious surfaces that would otherwise diminish recharge capacity. The March 10th NTC letter also includes a request that stamped versions of the engineer’s reports be provided (see Attachments 7 and 8 respectively). Please contact me if you have any questions regarding the information contained in this letter or require any additional information. We look forward to continuing the review of the PUD/Preliminary Plan and Rezoning applications with the staff, Planning & Zoning Commission and Board of County Commissioners. Regards, / Tim Malloy, Principal TG Malloy Consulting, LLC CC: Miriam Berkeley Mike Berkeley Jared Kurst Attachments: 1) Community Development Department NTC Letter – March 10, 2026 2) Updated Title Commitment - PID#s: 218733300153 & 218733400107 3) Updated Title Commitment - PID#: 218733300154 4) Berkeley Family LLLP Updated Statement of Authority 5) Plus Lazy K, LLC Updated Statement of Authority 6) Revised Mineral Rights Information Summary & COMOR Forms 7) Lake Springs Ranch, PUD Utility Report – HCE (Stamped) 8) Water Supply Report – Zancanella & Associates (Stamped)