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HomeMy WebLinkAbout3.0 BOCC Staff Report 01.15.2007Exhibits for Board of Coturty Commissioners held on January 15,2007 A Mail Receipts B Proof of Publication C Garfield County Subdivision Regulations of 1984, as amended D Garfield Coun8 Zorune Resolution of 1978, as amended E Garfield County Comprehensive Plan of 2000 F Application G StaffMemorandum H Letter from Jake Mall of GarCo Road and Bridge, Dated 912712006 I Email from Dan Roussin of CDOT. Dated 10/6/2006 J Letter from Jonathan White of Colorado Geological Survey, Dated 10/912006 K Letter from Steve Anthony of GarCo Vegetation Management, Dated 1011612006 L Letter from Chris Hale of Mountain Cross Engineering, Dated 10119/2006 M Letter from Craig Lis of the Colorado OfFrce of the State Engineer, Dated rot18t2006 N Letter from Mountain Cross Engineering dated October 19,2006 and updated November 25,2006 o Letter from Davis Farrar, Western Slope Consulting dated December 5, 2006 P Letter from Mountain Cross Engineering dated January 3,2007 BOCC 1-15-2007 DP PROJECT INFORMATION AND STAFF COMMENTS APPLICATION: OWNER: APPLICA]T[T: ENGINEER: SURVEYOR: LOCATION: WATER: SEWER: SIZEz EXISTING ZONING: PC RECOMMENDATION Preliminary Plan for the Creek Side Estates Subdivision Mark Sills Mark Sills Boundaries Unlimite4 Inc. Tuttle Surveying Services, Inc. Four Miles North of the City of Rifle on State Highway 325 Sills Well No. 1 - PermitNo. 266691 ISDS 15.37 acres (6lots proposed) A/R/RE' (Agricultural/Residential/Rural Density) Approval with Conditions L GENERAL PROJECT INFORMATION A. Property Description The proposed subdivision is located approximately 4 miles north of Rifle on State Highway 325, South of Rifle Gap Reservoir. The Property lies on the east side of State Highway 325. This 15.37 acre property is located between Rifle Creek and Highway 325 and is zoned ARRD. The topography is generally gentle and sloping down from Highway 325 to Rifle Creek. There is one residence currently on the property which is proposed to become Lot 6. Much of the eastem edge of the property abutting Rifle Creek is within the 100 year floodplain. The existing driveway from Highway 325 is proposed to be relocated to the north in order to facilitate the development of proposed Lot I as well as site distance Rtru 'tIII, ,l requirements for CDOT. There are two known existing easements on the property: one easement is held by the Public Service Company of Colorado located in the southwest corner of the property in proposed Lot 1; another is located along the southernmost boundary of the property as a2A' wide water system utility R.O.W. VICITI]TY h{AP SCAIE: i" = 2COa' 2 l.nir,Irltl\fltt I t.Li ICltEllll', S I DE ESTTYI'[r]"S A REst,BDlvlsloN o['t,ol s 1 1'HRoIJGH 5 ANI) cottl{oN {REA. tst,ocK z. RIFI-E cREEK RANCII suBDtvtsloN. t.tR:-T Fu.tNcA f.,ARCF]t- O}'L.lND iN LO'f 3, SEC]IION I9,'I'O\\'NSIITP 5 SOL]'I'H, RANGIi 9z\\'rrsr oF rTrE 6rii p n!,,r[1il,liJrr,D coLrN,f\,, cor,oRAr]o 6. tl *9 I I I \ / { G}INIHIC SCAIE " ..": .. , a.) @uE qE@E mmd offi r @{-se A cr'Hft!. hb.d i I te CE' 2s6 N .lt- :i _ -irciarq,. !,^*'(,..1il"rri itri (\fiB*,, ,r.,:I :,--l-'' ' -f, = lJ:+a'J2" R_=1f56 J2 '.r; 5t.96cB' N 78r7'?J't C = 6449 .IL]1"IL,t,j SUTI\IE\1NT; s UR\.ICDS. INUB:3 f]I,,AKE AvEN(IE, STE, IO:(;t.ENt'001r SPRINGS, C0 81ri0l s./0. s.iil8. 9708 r" 15'/t/ +r3nq - .-LCt4 t20.gi,-! 71i, A.., A P. -:*Eqtrxa16 to] 0 i J-i /! '\ ,2 i,*T _s: _._ tar I \. I r ii h { l, I I B. Proposed Use The subject property is 15.37 acres. The owner is proposing to divide that land into 6 parcels. The largest of the 6 parcels is 3.086 acres. The other lots will be2.834,2.402, 2.778,2.248,2.022 acres, accounting for 1 unit per 2.56 acres of gross land. There is one existing home on the 15.37 acres which is proposed to be located in Lot 6. Creek Side Drive, which is proposed to be about 600 feet in length, is to serve the new lots. Creek Side Drive is to be held within a utility and access easement through lots 1-4. There is an existing well that will serve domestic water to the proposed homes. Sewer will be provided by individual sewage disposal systems (ISDS). The applicant is also proposing to use an above ground pond to be used for fire protection, which will be frlled by the well. Access will be from State Highway 325. Much of the proposed 15.37 acres are deed restricted due to existing wetlands which restricts disturbance in these areas. C. Background This item was heard by the Planning Commission as a preliminary plan in 2004. At the hearing, the Planning Commission moved for continuance of the preliminary plan. According to the applicant, the following items have been updated since the previous hearing: .+ :-,"t,1-,r+- i,:.*;liii, :,... ,',...,,,,t. ,t,,c '.1ir"ti,r+'/:i 1. revised adjacent ownership list; 2. updates to the application narrative; 3. updated mineral owner/lessee list; 4. revised preliminary plats; 5. revised information on physical and legal water supply; 6. executed and approved CDOT access permit; 7. revised covenants. This item has since been reheard by the Planning Commission. The Planning Commission is recommending approval. Per the conditions, the Applicant has further examined the items addressed by Mountain Cross Engineering since the Planning Commission hearing to resolve concerns (See Exhibit N). I REFERRALS Staff has referred the application to the following State agencies, municipalities and/or County departrnents for their review and comment. Comments received are briefly mentioned below or are more comprehensively incorporated within the appropriate section of this staffreport. City of Rifle: No Comments Rifle Fire Protection District: No Comments RE-2 School District: No Comments Colorado Department of Transportation: CDOT indicates that an access permit has been issued for this development. However, a Notice to Proceed to work within the CDOT right'of-way has not been obtained due to issues with site distance. This permit is set to expire on July 5,2007. (See Exhibit I) Colorado Division of Wildlife: No Comments Colorado Division of Water Resources: The State Engineer stated that: "the proposed water supply can be provided without causing material irj*y to decreed water rights, and is adequate, so long as the applicant obtains and maintains a valid well permit and the plan for augmentation is decreed and is operated according to its decreed terms and conditions." (See Exhibit M) Colorado Geologic Survey: The CGS expressed concern of flooding from the westem tributary from where it flows between lots 1 and 2. The CGS's final conclusion is that "provided the site-specific foundations investigation are conducted and ISDS design meet the state and county regulatory requirements, the CGS finds no inherent geological condition or harard that would preolude the development as planned." (See Exhibit I) Garfield County Road & Bridge Department: Garfreld County Road and Bridge 5 expressed no objection to this development since the access is off Colorado Highway 325, arrd had the following comments: State Highway 325 is Nor Porcupine creek Road. porcupine creek Road is a county Road south and west of Rifle. The appropriate changes should be made. All maintenance and repair of the road to this development will NoT be the responsibility of the Garfield County Road and Bridge Deparfrnent. (See Exhibit H) Garfield County Vegetation: Garfield County Vegetation Management indicated that: . Noxious Weed lnventory and Mapping has been completed;o The applicant has submitted a weed marurgement plan;. The applicant has NOT provided a plant material list and planting schedule. "Please provide a map or information, prior to final plat that quantifies the are4 in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will be held for revegetation;"o The applicant has addressed soil management;r The applicant has addressed mosquito concems. (See Exhibit K) Mountain Cross Engineering: Mountain Cross Engineering has submiffed the following comments: 1. With high concentrations of Selenium reported in the water and the applicant's suggestion that it is the property owner's responsibility to treat their own potable water, some discussion is necessary per Section 4.91 A.5.lt is suggested that "the discussion should contain a general discussion of the process, the amount of waste water generated (if any), maintenance required for a treatrnent system, and a general estimate of the costs of treatment;"2. The water "pumping rates and storage amounts should be verified against the additional demand anticipated for irrigation;" 3. The 30,000 gallon lined pond proposed for fire protection has "relatively junior priority in a repor0edly over-appropriated basin...The actual volume of water that will be available for fire protection will generally be less than the 30,000 gallons and in some cases may be much less. The anticipated fluctuations in the available volume of water should be reviewed by the appropriate fire district per Garfield County Subdivision Regulations, Section 9.73;" 4. There is a discrepancy within the documents for allowable irrigated areas (1,000 squffe feet per dwelling unit in the water report limits vs. 485 sq1yre feet per dwelling unit in the "decree" and the "covenants,'; 5. "The saturation of soils from an ISDS system may cause slope instability if placed near the escarpment. The ISDS systems may also warrant a setback from the escarpment. This should be verified with the geotechnical engineer;" o o 6 6. "The "Easements" Section 12 in the "Covenants" does not appear to allow for any storm drainage conveyance. Note #11 on the plat seems to allow storm drainage in this manner. Verifu that all drainage ways from up-gradient lots are contained within dedicated drainage easements or include drainage within the uses for the easements in the covenants and per Note #11 on the Pla!" 7. The depth of the fire protection pond is shallow. To prevent the pond from growing completely over with wetland plants, it is suggested that the HOA periodically maintain the pond to protect the proposed 30,000 gallons of fire protection water; 8. The CDOT permit appears to have expired. 9. There is a contradiction in that the "Covenants" allows ADU's while statements throughout the documents indicate that no ADU's will be constructed; 10. The "Covenants" allow two (2) dogs per dwelling unit while Garfield County regulations limits the number of dogs per dwelling unit to one (1). (See Exhibit L) The Applicant has since met with Mountain Cross Engineering to discuss these concerns (See Exhibit N). III. GENERAL RELATIONSIIIP TO THE COMPREHENSIVE PLAN The proper$ is located within Study Area 3 which designates the property as "Privately owned lands with site specific use limitations" on the proposed land use designation map. This designation indicates that "limitations such as flood plain, slope hazard, septic constraints, or surficial geology (mud flows, debris fan) are to be evaluated at plan review." As a result, per appropriate review of said limitations, a residential subdivision may be appropriate as contemplated by the 2000 Compiehensive Plan. tV. APPLICABLE ZONING REGTILATIONS IN ARRD ZONTE DISTRICT The following is an analysis of the proposed development with the ARRD zone district required zoning regulations A. Proposed Uses The Applicant proposes single-family residential dwelopment on six newly created lots, one of which already has a single-family residence. The six residential lots are contemplated as a "use by right" in the ARRD zone district and are therefore consistent with the underlying zone district. For other uses, the applicant should consult Section 3.02 of the Zonng Resolution. The applicant has proposed that no Accessory Dwelling Units will be allowed within this development; however, the "Covenants" are not consistent with this sentiment. In addition, a significant portion of this propq+y is deed restricted to protect the associated wetlands. 7 B. Common Dimensional Reguirements Lot Size / Slope: There are no slopes over 40%o on this property. In addition, all proposed lots are over the 2 aqes minimurn lot size. This compiies with the 2 acres minimum lot size in the ARRD zone. Maximum Lot Coverage: Fifteen percent (15%\ Minimum Setback: Front yard: (a) arterial streets: seventy-five (75) feet from steet centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: frfty (50) feet from street centerline or twenty-five (25) feet from front lot line, whichever is greater; Rear yard: Twenty-five (25) feet from rear lot line; Side yard: Ten (10) feet from side lot line, or one-half (1 12) the height of the principal building, whichever is greater. Maximum Heisht of Buildinss: Twenty-five (25) feet C. Supplementary Lot Area Regulations Generally speaking, Section 5.04.A2Q) requires that all lots must have at least a 1- acre building envelope that contains slopes less than 40o/o. Smaller envelopes may be approved by the Board so long as slope is adequately addressed. Note, while the minimum lot size in the ARRD zone district is 2 acres, all of the proposed residential lots will exceed the minimum lot size. ln addition, it appears there will be no maximum slope issues. V. APPLICABLE FOR PRELIN{INARY PLAN A. Preliminarv PIan l\{ap as referenced in S4:50 of the Subdivision Reeulations StaffFindings: The Applicant's Preliminary Plan Map appears to meet the requiremeuts as specified in the regulations. B. Additional Information as referenced in S4:60 in the Subdivision Regulations StaffFindinqs: As is recommended by Mountain Cross Engineering, staffagrees that the saturation of soils from an ISDS system may cause slope instability if placed near the escarpment. 8 The Applicant has since met with Mountain Cross Engineering to discuss this issue. The Applicant has agreed to update the covenants to require that Lots 2-6 install their septic fields at least 50 feet away from the top of the bank. Staffconcurs that this is satisfactory. vt.SUPPLIMENTAL TION: S4:70 thru $4:94 A. Geolow and Soils StaffFindings: A report of geotechnical findings for this property was conducted by Hepworth-Pawlak Geotechnical, [nc. The report was conducted in July of 2002. The proposed subdivision is located within mostly fallow irrigated pastures. Due to a high water table, plat notes 12 and 13 require site specific foundations and ISDS. The map designations for the various geologic units are: o Man-Placed Fill o Colluvium o Alluvial Fan o Creek Terrace o Wasatch Formation Following review of the repor! staff agrees with H-P Geotech that 'the property is suitable for the proposed development based on geologic and geotechnical conditions." B. Vegetation Staff Findines: A weed inventory and management plan prepared by Beach Environmental, LLC has been submitted for this development. The weed inventory and management plan were created in September of 2003. The report finds that there are currently small amounts of noxious weeds on the property. However, with the relocation of the access road and construction of five new homes on2-3 acre lots, the proliferation of new weed communities is likely. The noxious weeds which currently inhabit the property are: 1. Canada Thistle 2. Plumeless Thistle 3. Hoary Cress 4. Volunteer Rye 5. Field Bindweed 6. Tamarisk The Dominant Vegetative Species of the area include: wheatgrass, fescues, timothy, sweet clover, various peppergrasses, mustards, sedges, rushes, cottonwood, willow, crested wheatgrass, bluegrass, orchard grass, brome, and juncus. 9 1 2 J 4 5 The revegetation plan prescribes local grasses, including: Aiznna Fescue Prairie Junegrass Mountain Muhly Indian Ricegrass Timothy Nodding Brome Mountain Brome Staff feels the noxious weed inventory and revegetation plan are adequate with the following additional information prior to final plat in order to determine the amount of security that will be held for revegetation: A map or information that quantifies the are4 in terms of acres to be disturbed and subsequently reseeded on road cut and utility disturbances. Vegetation Existing on Property C. Wildlife Staff Findings: A Colorado Division of Wildlife WRIS Data Checklist was submitted identifying types of wildlife that will be impacted by the proposed subdivision. The list of wildlife is a follows: 6. 7. l0 o Bald Eagle Winter Range o Canada Goose Winter Rangeo Elk Winter Range o Elk Overall Range o Elk Summer Range o Mule Deer Winter Ranger Mule Deer Winter Concentration Area. Mule Deer Severe Winter Range o Mule Deer Overall Range . Mule Deer Resident Population Areao Mule Deer Highway Crossing o Native Fish @oundtail Chub, Speckled Dace, Flannel Mouth Sucker)o Wild Turkey Overall Range o Wild Turkey Winter Range The submitted list shows there is a number of wildlife species that could be affected by humans as well as domesticated animals. The Applicants will need to be aware of the wildlife and manage any domesticated animals to reduce impacts it may have on wildlife. In addition, the applicant will need to address the o'Covenants" to indicate that only one dog per dwelling unit is permitted under Garfield County Zorung Regulations. D. Drainage PIan Staff Findines: A Drainage Plan was submitted for the Applicants by Boundaries Unlimited dated June 10, 2003. This plan finds that none of the building envelopes are located within the 100 year flood plain or near the top of the creek bank. The building envelopes have been rearranged so that none of them are within the designated wetland areas. The proposed access drive does traverse a portion ofthe westernmost wetland area. The applicant has represented that a Nationwide Permit has been applied for through the Army Corps of Engineers pertaining to the access road which crosses the jwisdictional wetlands on the property. This permit has not yet been issued. This site is located within the Rifle Creek drainage basin. The estimated flows that could af[ect the proposed residential lots are minor and will be short lived. Any possible damage to buildings could be mitigated through a grading plan. Staff concurs with the Colorado Geological Survey that there is a potential for flooding, as is disclosed in plat note #1 1, between lots 1 and 2 as the western tributary crosses the street and flows between the two lots. For onsite drainage, detention is not proposed because of the relatively large lots sizes allowing natural diffirsion of minor flows generated from the proposed lot improvements- The Summary of the plan is as follows: "Addittonal storm runoff generated from the development of Creek Side Estates Subdivtsion will be insignificant due to projects low density and few impervious orees, and the fact that typical excess /lood irrigation flows would be larger than most storm runoff events. Storm water detention is not necessary os 1l Jlows leaving the site will be entering the RiJle Creek floodplain without fficting any other properties. Individual site grading will be necessary to mitigate drainage and /lood inigation impacts, " Following discussions with Mountain Cross Engineering, the Applicant has agreed to update the covenants to allow storm drainage conveyance along all property lines. E. Utilitv PIan - Water SAf,LFindings: Domestic Potable water will be provided by a domestic well, permit # 266691to be augmented per Case No. 04CW99. Water is to be provided to six lots for in-house use, and 485 square feet of lawn and garden for each lot. The County typically uses a water usage calculation of 100 gallons per person per day for a household of 3.5 persons or a total of 350 gallons a day per household. Case No. 04CW99 will modifu the augmentation plan from Case No. 81CW56 in order to provide waLer for six single-family residences, livestock watering of, up to six anirnals, the irrigation of up to 485 square feet per lot, fire protection and pond evaporation for the Sills Pond No. 1. Since Permit Number 266691was issued as a monitoring well, a new permit is required prior to this well being used for the proposed use. The decree provided has not been signed by the water judge and will not be final until it has been signed by a water judge. According to the Division of Water Resources, "Court records indicate that the decree was entered on October 14, 2006, and that the case was closed on October 17,2006." The proposed well location is on the southem boundary of lot 2. The proposed 4" water line that will serve the 6 residential lots will run between Lots 1 and2, then under the access drive and loop at the end of the cul-de-sac. A 4 hour pump test was conducted by J&M Pump Company on December 7,2005. The rate of 15 GPM was maintained throughout the 4 hour test. The maximum drawdown was 0.67 ft and a l00o/o recovery was obtained within 3 minutes. The Division of Water Resources states that "With sufficient storage capacity this well should provide an adequate supply for the proposed use." The applicant is proposing to use an existing 6,000 gallon domestic water storage tank, located in an easement near the southerly edge of the property. The water is to be chlorinated at the storage tank. It is estimated that this tank will maintain the 15 person commtrnity for 2.8 days. Water quality samples were collected for the test. The lab test included analysis for various inorganic chemicals, total dissolved solids and some of the physical properties of the water. Coli form bacteria tests indicate bacteria were absent from the sample. The water quality tests did detect high levels of Selenium, which is determined by the EPA to be a health risk. The applicant states that "Each lot owner will be responsible for individual testing and in-house treafrnent of their potable water.'o Per Section 4.91 A.5. of the Garfield County Subdivision Regulations, staff would like evidence that in house treatment of Selenium is the best approach versus the use of a centralized treatment facility. A plat note (#20) has been placed on the t2 plat advising that the water supplied in this development has a high Selenium content. Following discussions with Mountain Cross Engineering, the Applicant has agreed to the following: 1. Use Reverse Osmosis (RO) systems within each home to remove Selenium from water source; 2. lncrease the pond depth to 8 feet and reshape the pond to 52'by 52' surface area and 3:1 side slopes. This will increase storage from 30,000 gallons to 57,000 gallons. The covenants will be updated to reflect this change; 3. The covenants will be updated to reflect a limitation of 485 sqrure feet of irrigated land per dwelling unit. F. Utility Plan - Sanitary Sewer Staff Findines: Wastewater treatrnent is proposed to serve each lot through the use of an individual sewer disposal system (ISDS). The applicants are proposing the ISDS be installed by each owner in accordance with all applicable ISDS regulations. A percolation test was performed on the properfy resulting in a percolation rate between 62 and 100 minutes per inch. According to the applicant, "Based on the available information and test results, site conditions are marginally favorable, but workable, for the instaltation of engineered ISDS's within the proposed development. Each individual site must be retested at the time of building permit application to determine the most suitable system design for that particular site." Plat note#12 indicates that "Due to the presence of shallow groundwater, each lot will be serviced by an individual sewage disposal system (ISDS) to be designed by a professional engineer registered in the State of Colorado. Evapotranspiration systems shall not be allowed." Staff concurs with the recommendation made by Mountain Cross Engineering that "the saturation of soils from an ISDS system may cause slope instability if placed near the escarpment. The ISDS systems may also wa:rant a setback from the escarpment. This should be verified with the geotechnical engineer." Following discussions between the Applicant and Mountain Cross Engineering, the covenants are to be updated to require a 50' setback for ISDS from the top of bank on lots 2-6- G. Fire Protection Staff Findines: The Proposed subdivision is within the Rifle Fire Protection District boundaries. No comments were received from the Rifle Fire Protection District. The site is comprised primarily of "light" fuels, or grasses. The site also contains "moderate" fuels, or shrubbery as well as "heavy" fuels, or trees. Most of the building sites are in the "light" fuels area. The applicant is proposing the following measures for fire protection and prevention: 13 1. A 30,000 gallon pond filled by the well which will have a dry hydrant located at the end of Creek Side Drive; 2. lndividual propane tanks are to be placed in a location where they are not subject to damage, and combustible materials are to be kept a minimum of 10 feet away;' 3. Trees greater than 15 feet in height at maturity shall have a minimum spacing of 10 feet between the edges of the crown. Dead trees shall be cleared and removed; 4. Spacing between clumps of brush and/or shrubs shall be 2.5 times the height of the vegetation; 5. The marimum diameter of the brush and/or shrub clumps should be two times the height of the vegetation measured at the crown of the vegetation; 6. All ladder fuels should be removed from under brush, shrubs and tree canopies; 7. Non-combustible ground cover (gravel) should be placed under trees, brush and shmbs to the edges of the crown, or the vegetation should be pruned to a height of lO-feet above the ground or Yzthe height of the plant, whichever is least; 8. Lawns should be kept to a ma,ximum height of 4 inches; 9. Brush should be removed around the perimeter of all residential structures for a distance of 2.0 times the height of the brush or completely removed within lO-feet of any residence and trimmed down to a heiglrt less than 5- feet within Z0-feet of any residence. Following discussions with the Applicant and Mountain Cross Engineering, the Applicant has agreed to increase the pond depth to 8 feet and reshape the pond to 52' by 52' surface area and 3:1 side slopes. This will increase storage from 30,000 gallons to 57,000 gallons. The covenants will be updated to reflect this change. Following a review of the Ruling of the Referee, Case No. MCW99, it appears that the applicant is only approved for 0.16 acres (50,000 gallons) of Storage Water Rights to be used for fire protection. The applicant will need to satisfactorily address this issue prior to final plat. In additioru Staff recommends that language be added to the HOA Bylaws which requires periodical cleaning of the fire protection pond. Without periodic cleaning of the pond, it is likely to become engulfed with wetland plants which will limit the fne protection attributes of the pond. H. Road/Access Plan Staff Findings: The access to the subdivision will come from a main entrance offof State Highway 325. An intemal dead end public road is proposed to provide access to each of the 6 lots. This road is configured to terminate with a cul-de-sac. The urccess road is to be dedicated as a public road but will be maintained by the HOA. Using the ITE Trip Generation manual, 6 residential lots will generate approximately 14 57.42 tnps at 9.57 trips per dwelling which requires the all internal road be designed to the "Semi Primitive" standard pursuant to Section 9:35 of the Subdivision Regulations. This road type requires a 4O-foot right-of-way, two 8-foot driving lanes, Z-foot shoulder widths, 4-foot ditch widths, and a gravel driving surface. The cul- de-sac is approximately 600 linear feet and appears to comply with the required standards. It appears the proposed internal road has been designed to this standard. Dedication to the public of this internal road will be required. Maintenance however, will be the responsibility of the Homeowners Association and memorialized on the final plat as a plat note. The Applicant is required to obtain a "Notice to Proceed" from CDOT prior to Final Plat. I. Easements The Applicant will need to delineate, legally describe, and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all drainage easements, shared water system easements (domestic wells and water storage taxk), storm-water drainage easements, and all intemal roads (which will be dedicated to the public on the face of the final plat). l5 J. Assessment / Impact Fees: The properly is located in Traffic Study Area 5 and is not subject to road impact fees. The development is located in the RE-2 School District which will require a standard impact fee of $200 per new lot. This fee will be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). VII: STA4F RECOMENDATIONS Staff recommends the Board of County Commissioners APPROVE the proposed Preliminary Plan request subject to the following conditions of approval: 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning & Znnlng Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Access and lnternal Roads 2. According to the Colorado Department of Transportation (CDOT), there are site distance issues with the access to the proposed Creek Side Development. The Applicant shall obtain a Notice to Proceed to work within the CDOT right-of-way prior to final plat. 3. Right of way dedication shall be at the time of final platting. A plat note using the standard dedication certificate language as set for by Garfield County shall be used. Fire Protection 4. The Applicant shall update the application including covenants, plats and profile to reflect an 8-foot depth, 52' by 52' srxface arc4 3:l slope and overall 57,000 gallon capacity fire protection pond. 5. The Applicant shall verifu that adequate legal water supply is available for the proposed 57,000 gallon fire protection pond prior to final plat. If adequate tegal water supply is not available for the 57,000 gallon fire protection pond, the Appiicant shall obtain legal water rights prior to final plat. Wetlands 6. The Applicant shall incorporate the recommendations contained in the "Wetland Restoration Plan" prepared by Beach Environmental, LLC contained in the Application. 16 7. The Applicant shall obtain all necessary wetland permits from the Army Corps of Engineers for the access road and any other disturbance areas prior to final plat. Revegetation 8. The Applicant shall provide a security for revegetation in the amount to be determined by the County Vegetation Manager (based on disturbed acreage) for all areas to be disturbed in connection with the final plat and the obligations of said security which security shall be incoqporated into the Subdivision Irnprovements Agreement. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the Reclamation Standards in the Garfield County Vegetation Management Plan. 9. The Applicant shall provide a Soil Management Plan that includes 1) provisions for salvaging on-site topsoil, 2) a timetable for eliminating topsoil and/or aggregate piles, and 3) a plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. The Applicant shall prepare this plan to be submitted with the frnal plat documents so that the County can review prior to final plat approval. Soils / Geotechnical Issues 10. The Applicant shall incorporate the recommendations contained in the "Preliminary- Geotechnical Study" prepared by HP Geotech contained in the Application into the covenants. Drainaee 11. The covenants shall be updated to allow storm drainage conveyance along all property lines. Individual Sewage Disposal System 12. T\e Applicant shall incorporate the recorlmendations contained in the "Creek Side Estates Individual Sewage Disposal System" report prepared by HP Geotech contained in the Application. 13. The Applicant shall update the covenants to require a 50-foot setback from the top of bank for all Individual Sewage Disposal Systems (ISDS) for Lots2-6. lrrisation 14. The Covenants shall be updated to limit each dwelling unit to 485 square feet of irrigated land each. Easements '17 15. All easements of record shall be shown on the final plat. Impact Fees 16. The applicants shall make a cash payment inJieu of school land dedication of $200 per lot at the time of final plat. Covenants lT.Update the Protective Covenants to prohibit Accessory Dwelling Units. 18. Update the Protective Covenants to restrict the number of dogs per dwelling unit to one (1) as is required by Garfreld County Regulations. Plat Notes 19. A plat note shall be placed on the final plat stating: "To mitigate fire hazards, each lot owner shall incorporate and maintain a defensible wildfire zone as set forth in the "Colorado State Forest Service Publication 6.302" 20. A plat note shall be placed on the final plat stating: "Eachdwelling unit is limited to 485 square feet of irrigated land each." 21. A plat note shall be placed on the frnal plat stating: "I.{o accessory dwelling units are permitted within the Creek Side Estates subdivision." l8 GARFIELD COi.INTY Building & Planning Department Review Agency Form Date Sent: September 27,2006 Comments Due: October 19,2006 Name of application: Creekside Estates Sent to Garfield Countv Road & Bridse Dent Garfietd County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: David Pesnichak 109 8th Street, Suite 301 Glenwood Springs, CO 8160i Fax: 970-384-3410 Phone: 970-945-8212 General Comments: Garfield Countv Road & Bridse Department has n o obiections to as chnrrlrl ben cnrl chonccd that Qtoro IJi -1"II/q \7 Rned rxrhinh325 is not Porcu Creek is Garfield Countv R 325 south and w esf of Rifle Name of review agency:Garfield Countv Road and ge Dept By: Jake B. Mall Date October 2,2006 Revised 3/30/00 Creekside Estates David Pesnichak Page 1 of 1 David - Thank you for the opportunity to review Creekside Estates which access on State Highway 325 for sixunits. CDoT has issued an access permit for the proposed use. However, the permittee lH71i* sittsy has notobtained a Notice to Proceed to work within the CDOT right of way. There is some issues with site distance.Their permit will expire July 5, 2007 unless finish construition of the access. lf you have any questions, please let me. From: Roussin, Daniel [Daniel.Roussin@DOT.STATE.CO.US] Sent; Friday, October 06, 2006 2:19 plr/ To: David Pesnichak Cc: Drayton, Devin Subject: Creekside Estates Dan Roussin Colorado Department of Transpoftation Region 3 Permit Unit Manager 222Souih 6th, Suite 100 Grand Junction, Co 81501 970-248-7230 970-248-7294 FAX ST ATE OF COLORADO COLORADO GEOLOGICAL SURVEY Deportment of Noturol Resources 1J13 Shermon Street, Room 715 Denver, Colorodo 8020J Ptrone (303) 866-26r l FAX (t0J) 866-2461 October 9,2006 Mr. David Pesnichak Garfield County Planning Department 109 8t Street, Suite 303 Glenwood Springs, CO 81601 Legal:NWSW, Sec. 19, T5S, R92W, 6ft P.M. il ;. ':-*Y;r"=ifl ,l L. -.; (iir L &'ll\it GA-07-0004 ;.r i-"r,i.;' ; -t . -r'l jluli'ri) DEPARTMENTOF NATT]RAL RESOURCES Bill 0wens Governor Russell Georqe Ixecutive Director Vince Motthews Division Director ond Stote Geologist RE: Creek Side Estates Subdivision Geologic Hazard Review - Resubmittal Dear Mr. Pesnichak Thank you for the land use application referral. At your request and in accordance to Senate Bill 35 (1972) this office has reviewed the materials submitted by your office. The Colorado Geological Survey (CGS) had previously commented on an earlier version of the development plan in a letter dated February 23,2004 to Fred Jarman (CGS LLIR #GA-04-0009). The CGS has reviewed the revised development preliminary planand offers the following observations for your consideration. The preliminary plat references only the earlier 2002IJF Geotech report so no additional geotechnical data or investigations have been conducted. We have reviewed the new site plan and find that changes are related to the jurisdictional wetlands that were previously tampered with during the original application. The other change is that the offset of building envelopes for the new lots now conform to the HP Geotech 50-foot offset recommendation from the creek bank. Site specific foundation and septic systems are mandated in plat notes 12 and I 3 . Our only other concern is the potential for flooding from the western tributary from where is crosses the street and flows between lots I and 2. As discussed earlier, there is a detention structure in the property west of the county road of unknown capacity and integrity Plat note #11 discloses the flood potential for lots 1 and}. Provided the site-specific foundations investigation are conducted and ISDS design meet state and county regulatory requirements, the CGS finds no inherent geologic condition or hazard that would preclude the development as planned. If you have any questions please contact this offrce at (303) 866- 355 1 or e-mail: jonathan.white@state.co.us Sincerely, L. Senior Engineering Geologist MEMORANDUM To: David Pesnichak From: Steve Anthony Re: Comments on the Creek Side Estates Preliminary PIan Date: October 16,2006 Thanks for the opportunity to comment on the Preliminary Plan. My comments are as follows: Noxious Weeds o lnventory and mapping-The applicant has mapped and inventoried the properfy. Weed Management-The applicant has provided a weed management plan for the inventoried noxious weeds. . Revegetation a a a The applicant has not provided a plant material list and planting schedule. Please provide a map or information, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information wlll help determine the amount of security that will held for revegetation. The security shall be held by Garfield County until vegetation has been successfully reestablished according to the attached Reclamation Standards. The Board of County Commissioners will designate a member of their staffto evaluate the reclamation prior to the release ofthe security. Soil Plan o The applicant has addressed soil management on the miscellaneous detail sheet. Pond and Mosquito Management o The applicant has addressed mosquito concerns on the plat notes. October 79,2006 MOUNTAIN EROSS ENGINEERING, INE. Crvt nuo Eruvtnouuruur Corusulrtnc nruo DtsrcN Mr. David Pesnichak Garfield County Planning 108 8th Sffeet, Suite 401 Glenwood Springs, CO 81601 I RE: Review of Preliminary Plan Submittal for Creekside Estates Dear David: A review has been performed of the documents for the Preliminary Plan Submittal for Creekside Estates Subdivision. The package was found to be thorough and well organized. The following comments, questions, or concerns were generated: Water Plan 1. There is reported to be a high concentration of selenium in the potable water source. The applicant proposes to have the individual lot owners test and treat their own potable water. Some discussion on the parameters for the treatment of selenium would be in order to determine the quality of the water per the Garfield County Subdivision Regulations, Section 4:91.A.5. The discussion should contain a general discussion of the process, the amount of waste water generated (if any), maintenance required for a treatment system, and a general estimate of the costs of treatment. 2. The pumping rate from the well and the storage tank volume only discusses the rates and volume associated with potable water. The well and storage tank is anticipated to provide irrigation water as well. The pumping rates and storage amounts should be verified against the additional demand anticipated for irri gation. 3. The 30,000 gallon lined pond is proposed as a source of fire protection. The pond has a relativelyjunior priority in a reportedly over-appropriated basin; during dry years, it is probable that the pond will be filled during the winter and early spring and may not have any diversions again until the fall. The evaporative losses from the pond are estimated to be 30" (April to September). The pond is designed for a maximum depth of 48" with the dry hydrant intake l<rcated 72" front the bottom. The actual volume of water that wiii be avaiiabie for fire protection will generally be less than the 30,000 gallons and in some cases may be much less. The anticipated fluctuations in the available volume of water should be reviewed by the appropriate fire district per Garfield County Subdivision Regulations, Section 9:73. 4. There is a discrepancy within the documents conceming the allowable inigated areas. The water report limits the area to 1,000 square feet per dwelling unit. It is limited to 485 square feet per dwelling unit in the "Decree" and the "Covenants". Individual S Disposal Svstem: 5. The setbacks from the river bank escarpment have only been concemed with buildings. The saturation of soils from an ISDS system may cause slope instability if placed near the escarpment. The ISDS systems may also warrant a setback from the escarpment. This should be verified with the geotechnical engineer. 826 1 l2 Crand Avenue . Glenwood Springs, CO 81601 ,EXfllBlT., Creekside Estates Page 2 of 2 t0/19t06 Storm Drainage: 6. The "Easements" Section 12 rnthe "Covenants" does not appear to allow for anystorm drainage conveyance. Note #1 1 on the plat seems to allow storn drainage in this manner. Verify that all drainage ways from up-gradient lots are contained within dedicated drainage easements or include drainage within the uses for the easements in the covenants and per the first part ofNote #11 on the plat. Plan and Profile Sheets: 7 . The depth of the pond is relatively shallow, especially in light of the seasonal variations. At the proposed water depths wetland plants are to be expected and without maintenance engulf the entirety of the pond. This could pose significant functional problems to the fire protection use. The HOA will need to periodically maintain the pond to protect the volume proposed. Attachments: 8. The CDOT permit appears to have expired. A valid permit will be necessary at the time ofFinal Plat. 9. There is a discrepancy between the allowance for ADUs in the "Covenants" section 3.5a and the statements throughout the documents that no ADUs will be constructed. 10. There is a discrepancy between the allowable number of dogs in the Covenants (two) and Garfield County Regulations (one). Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Cross Inc. tl Chris Hale, PE C: Deric Walter; Boundaries Unlimited, [nc. MOUNTAIN CROSS ENGINEERING. INC. Civil and Environmental Consulting and Design 826 \A Grand Avenue, Glenwood Springs. CO 8l 601 P: 970.945.5544 F: 970,945.5558 www.ntountaincross-eng.conl SIATE OF COLORADC OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Naturdl Resources 1 3 1 3 Sherman Stree! Room 81 8 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 www. water.state.co, us David Pesnichak Garfield County Building and Planning '108 8th St Ste 401 Glenwood Springs CO 81601 RE Creek Side Estates Preliminary Plan NW%SW%, Sec. 19, T5S, R92W,6th PM Water Drvision 5, Water District 39 Dear Mr. Pesnichak We have reviewed the additional information regarding the above referenced proposal to subdivide a 15.37-acre parcel into 6 lots, each of which is to contain one single-family dwelling. Water is to be provided for in-house domestic uses and the irrigation of 485 square feet of lawn and garden for each lot. The applicant proposes to provide the water supply through an existing well (permit no. 26669'1) to be augmented per Case No. 04CW99. The lots will be served by individual septic systems. The submittal also states that Robinson Ditch irrigation water rights may be used on the lots. Case No. 04CW99 modifies the augmentation plan decreed in Case No. 81CW56, and provides water for domestic use inside six single-family dwellings, livestock watering of up to six animals, the irrigation of up to 485 sq. ft. per lot, fire protection and pond evaporation for the Sills Pond No. 1. The submittal included a copy of the proposed decree for 04CW99, which was signed by the water referee on July 19, 2006, but the decree is not final until it is signed by the water judge. Court records indicate that the decree was entered on October 14,2006, and that the case was closed on October 17,2006. The current permit for the well does not allow for operation pursuant to the plan for augmentation. Permit No. 266691 was issued for the Sills Well No. 1 as a monitoring well. Thus, a new permit is required prior to such use. A well permit issued pursuant to C.R.S. 37-90-137(2) and the plan for augmentation decreed in Case No. 04CW99 may be available, and although the applicant has submitted an application to expand the use of the Sills Well No. 1, there is no guarantee that the well permit can be issued. The December 7,2005 report by J & M Pump, lnc. indicates that the Sills Well No. 1 produced an average of 15 gallons per minute over a 4-hour period, that the drawdown was 0.67 feet and that the 100% recovery occurred within 3 minutes. With sufficient storage capacity this well should provide an adequate supply for the proposed use. Note that the use of the irrigation water rights must not result in an expansion of use, and a change of water rights application may be necessary to allow irrigation of lands that were not historically irrigated. Based on the above, the State Engineerfinds pursuant to Section 30-28-136(1)(hXl), C.R.S., thatthe proposed water supply can be provided without causing material injuryto decreed water rights, and is adequate, so long as the applicant obtains and maintains a valid well permit and the plan for augmentation is decreed and is operated according to its decreed Bill Ovens Covernor Russell Ceorge Executive Director Hal D. Simpson, PE. State Engineer David Pesnichak Creek Side Estates Preliminary plan ctobeo r 18, 2006 Page2 terms and conditions. lf you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Craig M. Li S,P.E Water Resources Engineer CMUCJL: Creek Side Estates iii.doc cc: Alan Martellaro, Division Engineer James Lemon, Water Commissioner, District 39 October 19,2006 Mr. David Pesnichak Garfield County Planning 108 8th Sffeet, Suite 401 Glenwood Springs, CO 81601 RE: Review of Preliminary Plan Submittal for Creekside Estates Bot,mdaries Llnlimite d Inc. Respon,te:; in itolic RED uncl u.s' dil;cus:;ed in our meeting on I I -25'06. Dear David: A review has been performed ofthe documents for the Preliminary Plan Submittal for Creekside Estates Subdivision. The package was found to be thorough and well organized. The following comments, questions, or concerns were generated: Water Plan: 1- There is reported to be a high concentration of selenium in the potable water source. The applicant proposes to have the individual lot owners test and treat their own potable water. Some discussion on the parameters for the treatment of selenium would be in order to determine the quality of the water per the Garfield County Subdivision Regulations, Section 4:91.A-5' The discussion should contain a general discussion of the process, the amount of waste water generated (if any), maintenance required for a treatment system, and a general estimate of the costs of treatm ent. Sclcniurn i,s a ntclal clus'sified bt' lha EPA as u Pha're II Inorganic v'ltich'vphen ingestcd in exces',r quantitie,s' mqt leud huir und.fittgernail changes; damage t.o thc peripheral tlct-r)ott,\,ev,stetl't; ./utiguc and irritahilitl'; u'kidnq., and lit,er damugc. Rentottal of',seleniunt i,t per/onned lhrough rel)ersc osruosi.r (RO) or y)asler di.stillation. RO i,r lhe more ctt,sl c.ffeclit'c solulion. RO 4ryicaltt, require,; a vtaste production of 25'% to 5()% tllore v'aler lhan is nead. Therc.ftire. treatment tt the.fult 2, t 00 gattons of per dq, through a central.facilifiv,ould resull in 525 to 1.050 gallons of concentrated ytaste y)(tter thar \uould havc to be returncd back to the groundutaler'. Sincc :;eleniunt i,s regtlated.frn'drinkingv)aler, then treatntenl is cnh' necessotv at clrinking,tources. suc:h as kitchen./uuccts, drinking.fZtucet,r or ice maker,s. A typical re,sidence reguire,s 1A-25 gallons of utater pet" day 1s meel thcse needs. Through the u,,se o.f individual RO system,\'the aruount of concentratecl vtasle could be reduced lo 7lo l3 gallons per da1, per residence (12 to 78 gallon.s.fitr the :;uhdivision) u,hich cctuld he relurned to the groundvtaler through each individual .seytagc disposal .\;t)slenl. Tlte impad tu lhc envirorunent woul.d he signi/icantl1, less b.t' using indittiduat RO lreatmenl $tstems in,ulead o.f a central lrcaln'tent .lacilin, 2. The pumping rate from the well and the storage tank volume only discusses the rates and volume associated with potable water. The well and storage tank is anticipated to provide irigation water as well. The pumping rates and storage amounts should be verified against the additional demand anticipated for irrigation. Ba,seclon Table l-Consurtrptivc U,se, Creekside E,stalas gitan in thc Water [)it;. 5 Ruling ctf'Referee, the peak irrigation dcmand v,ill occur in .lune and require ,s 10,192 gallon,simctnth (0.0322 Ac-li*13560 c../),'Ac-ft*7..l8gulic.fl or 350 g1td. There./bre, u'hen adtled to lhc donte'stic dentand o./'2,100 gtd the doih' 5lsn"nd i':2'150 gpd' Tlti's tvould 2'72 Creekside Estates Page 2 of2 r0t19t06 hours q,f pmnp time at l5 gpm and the exisling 6,00[) gallon waler tonk should hat,c 2.1dqts ty' :;lorugc. 3. The 30,000 gallon lined pond is proposed as a source of fire protection. The pond has a relatively junior priority in a reportedly over-appropriated basin; during dry years, it is probable that the pond will be filled during the winter and early spring and may not have any diversions again until the fall. The evaporative losses from the pond are estimated to be 30" (April to September). The pond is designed for a maximum depth of 48" with the dry hydrant intake located 12" from the bottom. The actual volume of water that will be available for fire protection will generally be less than the 30,000 gallons and in some cases may be much less. The anticipated fluctuations in the available volume of water should be reviewed by the appropriate fire district per Garfield County Subdivision Regulations, Section 9:73. The pond depth v,ill be increased lo 8' and reshoped into a 52'x52' sur"face areu and 3: I sidc .slopes. Thi,s v,ill resul.l in a.t'ull ,rtorage o/-57.000+ gallons. The pond v,ill need to he re.filled near"lhe enclof .lul1,v,ith the clitch watcr, i/'utaiktble, or u,ell werter to cf/i;et the cvaporatiste ktsses and ntaintain 30,000 gallon.s o.f avuilahle wuter througltoul the year. Thi,s inforntation v,ill bc ctdded to thc Crnenant,s'. 4. There is a discrepancy within the documents concerning the allowable irrigated areas. The water report limits the area to 1,000 square feet per dwelling unit. [t is limited to 485 square feet per dwellingunitinthe"Decree"andthe"Covenants". lrrigcrtionv,illbclimitedotJli5square.fect per tlu'clling unit. Individual Sewaee Disnosal Svstem: 5. The setbacks from the river bank escarpment have only been concerned with buildings. The saturation of soils from an ISDS system may cause slope instability if placed near the escarpment. The ISDS systems may also warrant a setback from the escarpment. This should be verified with the geotechnical engineer. The Covenants' shall bc updated lo requirc Lctrs 2-6 to install lheir seplic.fields'at least JQ'oytsy.fi'om the top of the hank. Storm Drainage: 6. The "Easements" Section 12 in the "Covenants" does not appear to allow for any storm drainage conveyance. Note #l I on the plat seems to allow storm drainage in this manner. Verifu that all drainage ways from up-gradient lots are contained within dedicated drainage easements or include drainage within the uses for the easements in the covenants and per the first part ofNote #l I on the plat. Thc Oovenant,s shall be updated to allotr sl.onn drainage convq)ancc along all propcrtl.' linc,s'. Plan and Profile Sheets: 7. The depth of the pond is relatively shallow, especially in light of the seasonal variations. At the proposed water depths wetland plants are to be expected and without maintenance engulf the entirety of the pond. This could pose significant functional problems to the fire protection use. The HOA will need to periodically maintain the pond to protect the volume proposed. ls mentioned, the dcpth ofthc pond shall be increased to 8-feel. Thc Ctnenants shallbe updctted to requirc the HOA lo lintit the growth of'ocluatic vegetation. MOTJNTAIN CROSS ENGINEERING. INC. Civil and Environmental Consulting and Design 826 % Grand Avenue, Glenwood Springs, CO 8 160 I P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Attachments: Creekside Estates Page 3 of 2 t0lt9l06 8. The CDOT permit appears to have expired. A valid permit will be necessalT at the time of Final Plat. A neu' CDOT permit u)ar^ rcceived 5i17/06 and relurncd v,ith pu-vmcnt (t,/20/06. g. There is a discrepancy between the allowance for ADUs in the "Covenants" section 3.5a and the statements throughout the documents that no ADUs will be constructed. No ADU's will be allov,ed. The Covenant,s shall hc updated. 10. There is a discrepancy between the allowable number of dogs in the Covenants (two) and Garfield County Regulations (one). The Cot,urunt,t v,ill hc ultdated lrt allov' onc dog. Feel free to call if any of the above needs clarification or if you have any questions or comments' Sincerely, Mountain Cross Engineering, Inc. Chris Hale, PE C: Deric Walter, Boundaries Unlimited,Inc' Resprmscn'hy: Deric J. Walter, PE MOTINTAIN CROSS ENGINEERING. INC' Civil and Environmental Consulting and Design 826t/zCtrand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com MEMORANDUM TO: DAVID PESNICHAK _ SENIOR PLANNER FROM: DAVIS FARRAR - WESTERN SLOPE CONSULTING LLC SI]BIECT: CREEK SIDE ESTATES DATE: 1215/2006 CC: TOM I{EUE& DERIC WALTER David, I am following up on our conversation today about the status of a public hearing date before the Board of County Commissioners on Creek Side Estates Preliminary Plan. I am attaching a copy of a letter from Deric Walter at Boundaries Unlimited responding to the "oncorri identified by County Engineer Chris Hale at Mountain Cross Engineering. I believe these responses address the items/conditions thatthe county planning staffwanted addressed prior to setting a hearing date before the County Commissioners. I am also including a bullet list of items thit *"." add."ssed in the staff report for the planning commission meeting. That list includes the responses that we offered the planning commission at the meeting and the current status or proposed item resolution timeframe for each condition/issue. Please let me know as soon as possible if there is anything that was not addressed, so that the item can be remedied and we can get a hearing date before the Commissioners on Preliminary Plan. I look forward to hearing from you in the near future. Staff Condition Response Status CDOT Issues Have current CDOT permit & willacquire Notice to Proceed for Final Plat. Will Complete with FinalPIat ROW dedication at Final Plat Dedication at Final Plat & will use County Certificate language Will Complete with Final Plat Meet with County Engineer & resolve concerns Will complete priorto BOCC Mtg Complete - See Letter from Boundaries Unlimited Incorpor4te recommendations of wetland restoration plan Recommendations will be incorporated Will Complete with Final Plat Provide security for revegetation Will be included in SIA Will Complete with Final Plat Provide soil management plan Plan will be submitted for approval prior to Final Plat Will Complete with FinalPlat Incorporate recommendations of HP Geotech Will be included with Final Plat Will Complete with Final Plat Incorporate drainage plan for Creek Side Estates Will be included with Final Plat Will Complete with Final Plat Incorporate HP Geotech ISDS recommendations Will be included with Final Plat Will Complete with Final Plat Resolve County Engineer's l0l19106 concerns Will work to resolve prior to BOCC meeting Complete - See Letter from Boundaries Unlimited Evidence on in-house VS central Selenium treafrnent Will discuss wlP&Z & work to resolve prior to BOCC meeting Complete - See Letter from Boundaries Unlimited Show easements of record on frnal plat Will be included with Final Plat Will Complete with Final Plat Payment of school impact fees Fees will be paid at Final Plat Will Complete with Final Plat Revise covenants on ADUs Covenants to be revised prior to BOCq Mtg Will Complete with Final Plat Revise covenants on number ofdogs Covenants to be revised prior to BOCC Mtg Will Complete with Final Plat Plat note regarding fue hazard mitigation (Publication 6.302 Plat note will be included and covenants will include additional language on ftre hazard mitigation. Will Complete with Final Plat 2 FRON : l'lountatnCrossEng, Inc FRX N0. r9789455558 Jan. 213 MOU Jatruary 3,2007 Mr, David Pc.snichak Garfi eld County Planning 108 8'n Street, Suite 401 Glenwood Springs, CO 8l601 REr Rgview of Prellmlnrry Plan suhmrttrr for creekride Entates : Dear David: ENGINEERING,. tNE. :Crvn nuo EwrnoruurNrer CoNsutnuc mro Drslcu A review lius been performcd of the reflponse }etter reoeivcd November 2g,.2006 from Boundaries Unlimited for thc Preliminary Plan Submittal for Creekside Entates. Provided all the modifrcations are ircorporated as discusscd in their: conespondence, all questions, concerns, ot comments have bccn addressed sati sfactorily, Feel frcc to call if any o{'the ubove needs clarification or if you have any questions or comments Sincerely, M Cross gineering,Inc; Chris Hale, C: M.t. Deric Walter, Boundrrries Unlimited az61/Z Grand Avenue . Clenwood Springs, CO 81601PHt 97n.q4E (1i44 r EAv, tr.tn ^t.'ts-.^