HomeMy WebLinkAbout3.0 PC Staff Report 06.25.2008PC 6/25t08DD
REqUEST
APPLICANT / OWNER
LOCATION
PROPERTY SIZE
SITE DATA
WATER
SEWER
ACCESS
EXISTING & ADJACENT ZONING
COMPREHENSIVE PLAN
PROJECT INFORMATION AND STAFF COMMENTS
Sketch Plan: North 27 Subdivision
Terry, Julie and Gary Kirk (Kirk Enterprises)
Approximately 1.5 miles north of the Town of Silt
27.52 acres
5 residential lots (lots average 3+ acres)
Well
ISDS
Public Road off CR 250 for lots A-D and driveway
directly off CR 261for Lot E
ARRD (Agricultural/Residential/Rural Density)
Town of Silt Designation: immediately adjacent to
Rural Transition Residential, just outside of the Urban
GroWh Boundary
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I. BACKGROUND
The present Sketch Plan proposal is the newly submiued version of a preliminary plan presentedin 2000' It was ultimately denied because at the time it could not satisfr the water requirements.Since that time the applicants have been approved for an additional water decree. As a guide tothe reader, the materials are arranged to make for easier transition between the citations in theStaff Report and the references ciied, through the use of either transcriptions of statements, orciting the location within the materials.lvlucliof this report is a distillation of a staff Report from5/2312000 that appears directly behind this report.
T.TheApplicantpropos"stos,@propertyinto5residentiallotsthatarerange
ftom 3'22 acres to 12.49 aces in size, with two of tire lot. propored to have Accessory Dwellingunits (ADUs) on them. -Th9 average lot size is 5.5 acres. The density of the developmentincluding the ADUs is calculated tole 3.93 acres. In the application there is mention of GuestHouses to be included on the lots where sU: are not p".mittea; ir.rraing a grr.st house on thethree lots where ADUs were not permitted would drive tire density to 2.75 u"..", p.. dwelling unit.
The property is generally located about 1.5 miles north of the Town of Silt. The property isbordered on the north by cR 250 *{ :l the east by cR 261. Lots A through D of thedevelopment are to be accessed by a road lying in a 75' inrderoad and utlity easement from cR250' The road, recommended to be dedicated tJthe public and named to ensure proper addressingand timely response. by service providers, terminates in a cul-de-sac with a 50-foot wide radius.Lot E proposes to take access via a driveway directly onto cR 261.
The majority of the property is gently sloped.
III.
The property is located j ust north of the Urban Growth Boundary of the Town of Silt. The futuredevelopmentof a parcel in this area shall respect the Town of Silt,s ve Plan whichthe Planning Commission has adopted as the governing
document. In this case. that map shows the property lying
outside of the Urban Growth Boundary The Town of Silt
Comprehensive Plan of 1996 states that:
"The Urban Growth Boundary is tntended os a tool forthe Town and County. It clearly shows the area in wtich
urban- development can be fficiently served by utilities
and the Town's community sirvices.'Areas ouiide of theUrbqn Growth Boundary will be primarily agricuitural
uses and rural in character. Suburban ipro*t wilt beavoided. The subdivision of rurar agriiurturar areasoutside the designated (Jrban Growth areas for thepurpose of creating low-density residential deveiopmenton large lots of two, ten or thirty_five acres will have
undesired effects including changing the rural characterinto one of suburban sprawl; *iktng it dfficult foradjacent agricultural uses to operate;-fhcing residints
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in remote areas where urban services for road maintenance, transportation, recreatton, policeand emergency services, human services and school are infficient qnd expensive to provide;Limits the type of housing available and increases the average cost of housing.,,
This parcel is designated as 'Prime agricultural Lands' on the Garfield county AgriculturalLands Map.
The Applicant shall be required to demonstrate how the proposed development conforms to and isconsistent with the goals,.objectives, policies, and landli." nup of the ctmprehensive plan in thePreliminary Plan application.
lv.Thefollowingisananalysisor@entwiththerequiredzoningreguIationsof
the ARRD zone district.
A. Prooosed Uses in ARRI) Zonine
The Applicant Proposes single-family.residentral development on all 5 lots which is a ,.use byright" in the A/R/RD zone district and is therefore consistent with the underlying zone district.For other uses, the Applicant should consult Section E.oz oiirre ;;"i;en"i"jr,i"r.
Two lots are proposed to allow ADUs: Lot C and Lot E. ADUs shall be permitted as part of thesubdivision, restricted to these lots as they satisfy the acreage requirements, the lots may not bereduced in size, and all the requirements for ADUs under 5.03.02I must be met.
B' co.-oo Di..orioo"r R"ori".-"ot. io ARRn Zooion
l' Minimum Lot Size of 2 acres: The Applicant proposes the 27.52-acre property besubdivided into five lots that *" uppro*imately j* u..", in size each. This proposedacreage satisfies the minimum lot size in the zorung.
2. Maximum Lot Coveragg: Fifteen percent (15%)
3. Minimum Setback:
o Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty(50) feet from front lot line, whichever is gieater; (b) Iocal streets: fifty (50) feetfrom street centerline or twenty-five (25)"feet from front lot line, whichever isgreater;
o Rear yard-: Twenty-five (25) feet from rear lot line;o Side yard: Ten (10) feet from side lot line, or one-half (r/2) the height of theprincipal building, whichever is greater.
4. Maximum Height of Buildings: Twenty_five (25) feet
by
(s.03.021)
se of a structure as an accessory dwelling whether approved
a new subdi vrsron approval,or on an exl sting lot muit meet
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the as all other standards applicable to residential use:
(1) The minimum lot size shall be four (a) acres containing a building site with slopes
(2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft.
(3) Approval from the subdivision homeowners association and/or allowed by covenantif applicable.
(4) Proof of a legally adequate source of water for an additional dwelling unit.
(5) Compliance with the County individual sewage disposal system regulations orProof of a legal ability to conneit to an approved Eentrai ."*ug. treatment facility.
(6) only leasehold interests in the dwelling units are allowed.
(7) That all construction compries with the appropriate county building codeRequirements. (4.95-076)
C. Floodplain Reeulations
The property lies outside of the floodplain. on the maps of th e Flood plain Management Studyfor the Town of Silt (U!oa, 1987) there is no depiction of any flood considerations. Wetlandsare noted near the canal that bisects the property-between Lot E and Lots C /D.placement ofthe ISDS and utility easement should be cognizant of this fact and place the facilities is suitablelocations.
D. Lot Area Reeulations
The lots can meet the lot area regulations.
Y,Thefollowingsectionaddresses'@onentsthatwillneedtobeaddressed
as part of any Preliminary plan and Final plat submittal to tire county.
A. Domestic & Irrigation Water
The Applicant proposes to provide domestic water to the 5 lots from an existing water decreethat is part of the Simon Exemption, and an enhanced water decree recently upprou.a. The firstdecree includes one residence on Lot 4 of the Simon Exemption. By its terms, it required eitheran application for reasonable diligence or a determination that the conditionaf decree hasbecome absolute by application to beneficial use by May of 2008, which has lapsed. Decree 2of 2 has the same requirement but does not lapse until August of 2009. Both decrees involveretained jurisdiction,.in yhich the Applicant has to notiff"everyone at 75%buildout to start a 5-year period during which parties could submit a verified petition with the water court toreconsider the issue of injury to vested water rights. Both decrees also acknowledge that theHoA was formed to administer the water augmentation contracts and to assure compliance withthe conditions of the decree. A statement as to the status of buildout, the existence of an HOAand a demonstration of diligence will be required. Further, a relation to the original covenantsneeds to be stated.
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while the original lot that is the prop?{y of the proposed North 27 subdivision is part of theHoA, there is no formal acceptante ortn" propor"d subdivision itself. In the preliminary plan,
there needs to be a formal slatement of acceptance from the HoA that these additional orreconfigured lots are party to covenants, the water system for culinary use, irrigation andadequate fire flow, and any other services that *"r" pr.riously extended to the original lot 4.
Regarding irrigation, the Applicant is required to provide a source of adequate irrigation waterto each lot pursuant to Section 9:51 of the Subdivision Regulations. rrre afpri.ant stated thismay be provided blr yater rights o*"g9 by the Applicant. proof of these rights shall besubmitted with the Preliminary-Plan application. so-e basic questions to be answered shouldinclude how the water season is determined, and how the use within the stated limits will beadministered' If there is to be a participation with the Simon Exemption and its HoA covenantsare to be used to define the relationshif about water, either the existing "orr.r*t. need to reflectthese additional lots in the language and the lots become p,*tv to the covenants, or a statementof clear separation is made. and verified by the Simon'Exemption HoA and a new set ofcovenants that define the administration of the water is drafted ani adopted.
Other requirements for the Preliminary Plan application include the following:
Section 4:91 of the Subdivision Regulations requires that a water supply plan, at the samescale as the Preliminary Plan, shill provide the following information in graphic and/orwrittenform:
A' In all instances, evidence that a water supply, sufficient in terms of quality, quantity anddependability, shall be available to ensure- an adequate supply of water for the proposedsubdivision. such evidence may include, but shall nit be limited to:
I' Evidence of ownership or right of acquisition or sue of existing and proposedwater rights;
2. Htstoric use and estimated yield of claimed water rights;
3. Amenability of existing rigit to ,iong, in use;
4' Evidence that public or private water owners can and will supply water to theproposed subdivision, including the amount of water available jo, ur" within thesubdivision by suchproviders,.thefeasibility if extending servici to the area, proofof the legal dependability of the pioposed ,rit, supplyZnd the representation thatall necessw water rights have bein obtatned o, iiti be obtained or adjudicated,prior to submission of thefinal plat; andt":.r!,::!::re concerning the potability of the proposed water supply for thesuocttvtsrcn.
B' If a central supply and distribution system is to be provtded, a general description of thesystem, as designed by a colorado registered engineei. In addttion:
l' Nature ofthe legal entity which _will own and operote the water system; and2. Proposed method ofJinancing the water systei.
C' If connection is to be made to an existing water system, a letter from an authorizedrepresentative of said system stoging that thi proprtid development"will be served, and
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evidence from either the Colorado State Engineer's Offce or Water Court, Water Division
No. 5, that the existing water system presently possesses adequate legal water supply to
serve the proposed development;
D. If individual water systems shall be provided by lot owners, o report indicating the
availobility of ample potable ground water at reasonable depths throughout the subdivision
and the expected quality and longlerm yield of such wells, with the written report by a
registered professional engineer licensed by the State of Colorado, qualified to perform
suchwork; and
E. If applicable, a Plan of Augmentation and a plan for subdivision water supplies, as
required by lmtt, with the supporting engineering work signed by a Colorado regtstered
engineer, shall be submitted by the applicant, even tf the applicant is not the actual supplier
of water.
Section 9:51 requires an adequate potable and irrigatton water supply shall be available toall lots within a subdtvision, taking into consideration peak demands to service total
development population, iruigation uses, and adequate fire protection requirements in
accordance with recognized and customary engineering standards.
9:52 Individual wells may be used as the water supply, provided the applicant has submitted
the required documentation to the appropriate water court, and the Colorado Division of
Water Resources will approve well drilling permits for all lots within the development.
9:53 Central water systems shall be destgned by an engineer qualified to design water
systems and be a registered professional engineer licensed by the State of Colorado.
Central water and treatment and storage facilities shall be approved by the Colorado
Department of Health. All lines in a central water system should be looped, with no dead
ends included in the system. Were dead ends are proposedfor cul-de-sacs, there will either
be afire hydrant or blow-off valve at the end of the line.
9:54 Water supply stems, on-lot or otherwise located tn afloodplain, shqll be designed to
minimize or eliminate in/il*atton and avoid impairment during or subsequent toflooding.
9:55 All water mains shall be a minimum diameter of four inches (4"), provided storage
facil itie s ade quate for fire prote ction ar e available.
B. Waste Disposal
The Applicant proposes the lots have ISDS sanitary facilities.
The soils on the property are predominantly Potts- IlDefonso-Vale. The soil type is reported to
generally be'deep, well-drained, gently sloping to steep soils on mesas, alluv:iilfans,-teruaces,
benches '. Use of these soils for sanitary facilities, community development, and as a source of
construction may be acceptable.
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As part of the submittal materials, a report from Water Resource Consultants, LLC, datedIl/1311999 (which appears as Appendix H in the submittal), states that two percolation testswere performed on the site, and it was found to have a high water iable. Nine (9)recommendations for the installation and management of ISDS Absorption fields wereincluded, and the requirement that the State CiPHE requirements be met. It was alsorecommended by the consultant to require three percolation tests for each lot to ensure viability.
!n the Staff report dated l2l20llggg, it is stated under the Preliminary plan Submittal commentsfot 4:92 Sanitary Sewage, that while the submitted trvo percolation tests were within acceptable
la'ge, the high water table would require trickling filtei septic tanks. The septic systems shallbe designed by an engineer licensed in trre state oicolorado.
C. Roads / Access
The property is fronted to the east by CR 261 with an unsurfaced access drive that is part of theSimon Exemption on the_west. The Applicant proposes an internal subdivision road designed tothe Semi-primitive standard stated in Section 9:35 include a 4o-foot right Row, two g-foot
lanes and a gravel driving surface, but with a cul-de-sac to meet fire standLds (50, radius.) ThisttPdgj is appropriate for a design capacity of 21- 100 (which is 5%o of the actual daily averagetrips') Trips are based on a nationally accepted ITE standard of 9.55 trips per day per residence.
In a letter from Water Resource Consultants to owner Paul Currier dated lllllllggg. (whichappears as Appendix H in the submittal) it is stated that the anticipated trip total would be 95.5ADT' This is the calculated rate by the consultant. In analyzing the proporul, Stufffinds that thet9!a] jor the proposal calculated to be 70 ADT, based on 5 toti with 5 p.i.".y residences and 2ADUs.
As required by Sectiong:34, all streets are to be dedicated to the public but all streets will beconstructed to standards consistent with these regulations and repair and maintenance shall bethe responsibility of the HoA of the subdivisionl Because the trips onto the access to CR 250meets the thresho!! for Semi-primitive road standards, the road should receive annualmaintenance, including that for fugitive dust. Adjacent subdivision HOAs -igfrt be consulted toseize an opportunity to work cooperatively in road maintenance and dust mitiiation measures.
A letter from Gerald D. Hartert representing SMI, LLLP does not reflect the current ownershipas presented on the application. The determination of right to use the easement on the west side
9f the property needs to come from the owner(s) and p-erhaps that is a HOA, now that furtherbuildout has occurred.
Furthermore, proof of current ownership for the parcel itself is in conflict and needs to beincluded as part of th_. submittal. Application requirements for Sketch plan submittals ask for alisting of the owner; preriminary plan submittals iequire proof of ownership.
D. Fire Protection
the ptopttty it lo"ated in the Burning Mountain Fire Protection District. Comments from the
leeardins fire protectiol are incorporated in the analysis in an extensive staff report for North27 Subdivision, dated 5/812002. Changes may have tccurred in the administration of the firedistrict; an updated set of review comments from the fire district is requireJ. Comments fromthe SherifPs office (from a letter dated December 29,lggg,in Staff Report pugr 19) stated that
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'Lots should be re-q-uired to provide defensive spqce around all structures to protect againstwildJires' and'Addruttu, ,iould be required ti be clearly marked at the entrance to eachproperty to exredille^llrseltcy response.'(Staff Report, page 19) It is recommended that theroad access from cR250 6 Lots a-b ue named and the addresses. served by it posted on a signto satisfu the recommendations of the SherifPs office. These requirements shall be addressed inthe Preliminary plan.
Lots A- D accesses a stem road that then travels onto a county Road. A statement how asecondary access point (required in 9:71) shall be addressed in the'preliminary rran.
ln 9:72 there is language about fire flow. In the comments of the staff report from 5/g12000, itstates that from a letter from wright water Engineers date d,4/2012000 fstulin.p ort,page2T):
'It is apparently the responsibility of individual lot owners to provide in-house pressurestorage tank(s)' For the proposed North 27 subdivisiin, there ls inadequatedocumentation that the criteril of section 9:51 of the Regulatiori'i, ,otrgied for thisproiect' spect/ically, there is no proposed storage"for the "North 2i iubdivision and theexisting well does not have the capacity to meet pia[ demands for the water system. ,
In a copy of a email to Nancy B. Emerson, realtor, dated 5/23/2007,from paul currier, ((whichappears as the last pagein the submittal),.whose n;. ;;;.*r on the ownership documents forthis property, writes about the we, pr.ping *d rtorug;'.'upacity." The HoA did a pump rtri tnr'gggl,. A"d i;;.;;; capacity: the HoA put in additionalstorage in c' 2004 / 2005 ?? near the well headl t din't iou, onyiorr*rrr, as to thesize of the tanlcs, and how- they plumbed them i. t)ecail the nteni ofiie tanlu was to so(sic) the pump in the well wouid not have ,t ,;;; so frequently. Dave Hillbrand, HoAPresident, shourd be abre to te, Greg how tigiiitanra are.,
The tanks referred to in this email are not mentioned elsewhere, and little is stated about theircapacity' flow capability or the proposed subdivision's relationship to them. There is adifference between flow for household'standards and the demand for fire flow in an emergency.Furthermore' individual lot owners do not generally know what is required to manage waterstorage tanks for fire flow so that they are a Jependalle water source for emergency responders.Statements shall be required in the ireliminary Pil; io no* the proposed subdivision shallsatisfr adequate fire protection needs.
As such' the Applicant.shall
-be
required to address the following sections of the subdivisionregulations in the preliminary plan application.
9:71 subdivisionfire protection plans shall be reviewed b7 the appropriateJire protection
!:;[:;:_':"e.nsure
that alt tots iave primary and secondary ori,i* io'inh ,o escape lire
9"74 water usedfor /ire protection purposes does not have to be potable water and may befrom a source separate from the doiestic supply.
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E. Drainaee
The property slooes in a,relatively gentle manner from the north to south. The apprication states*HTf:ft'i:'#::,Y:H,H*i,,;"',,ii,*u," *d ";;i,-,to,-wat"r runorr. rhe Appricant w,r
4:80 SUPPLEMENTAL INF,RMATI,N: DRAINAGE PLANA drainoge plan, at th, ,om, ,care as tn, r)iii'*irory pran and prepared by an engineer
.the
state of cotoradi, ;;ri;;';;'iirroitorins,rn{*ri,", in grophic and/or
A. Existing water courses and lakes;B. Limtts of tributary areas, where practical;C. Computations of expected t ibr;r;i;;;,; andD' Design of draiiagi facilitiq ," iiirr"i"trrrm waters in excess of historic run_offfrom enteriys' lamig;ng or being ,orria" ry existing drainage facilities, and to'r;:rf::;'i'r damage orfloodtng of ',riirr^ in a oie tunirZa e00) yeor storm,
1.. Area subject to inundation,. and2' Location ond size oLpropitri curverts, bridges, ditches and channers.
i,1j,i::':;r;,:::;n':;:;lr::;,i,f:l::;: and required bridges sha, be designed by an
:r:::" drainage facirtttes shail be destgned based on a twenty_/ive (25) year frequency
9:43 were n:w developments create run-off in excess of htstoric site revers, the use of!;:"rf:r" ditches and ponds iry o" ,"qrrid'to-iion ip rc , onr"irndred (r00) year
9:44 All culverts shal! by designed such that th9 exposed ends are protected by encasementin concrete or exrcnded a mrirmum of three f"r;'i;i leloyd the driving surface on eachside' culverts' drainage pipes i;i triigr, ,h;i-;"'ilrigr"a qnd construited in accordancewith AASHO rrro**iniriionrTo, an H_20 live lood.
F. Wildtife
The Applicant sha, be required to address the forowing at preliminary pran:
4"70(D wldlife -.Descrtption of wildtife habitation, lcludins btg game ranges based onthe mapping practices oTine coioraao Diviston of r|rildrife.
A report from Michael J' villa of NatureTech consultant Services corp. dated october 1999,(which appears as AppendtE i;itrlsuumitt"l);;r;;id;s anarysis ofihe wildrife use of theproperty and makes recornmendations to minimiie ;;rfl;;;;. The reporr states that
'the subdivtsion property lacl<s moderate or ltigh quality. hobitatfor both mule deer and elk.i;::r:::,of the propertv is or"rrring atong irigoi-i;";itrn^ oirruiirnrr"iiry noo,prints in
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The property is however' mapped as. range for Mule Deer and Elk, and is adjacent to winterrange for both those speci". onit. w,oriE nJ# N;# for Garfierd counry GIS.
Statement regarding fencing-requirem-ents are submitted.as part of the cororado Division ofWildtife lener, dated May libd0 t'Sr"ffReport, page tgA).
G. Soils / Geology
rne sotls on the nroperty are portrayed on the county Soils map as potts- IlDefonso-vale. Thesoir tvpe i. '.poiJi; il*r, ;:,Tiii: ,r,iiiiliri,"'rry,,, stoping to steep soits on mesas,alluvial fons, terracei, bencies'- use of these *ili r", :r"t"ry ;;;iiti"r, communitydevelopment' and as a source of construction mayr. u.""ptuble. If ilis ;;;med necessary byGarfield countv ensile.efnc ;t;* al founaaii"^ ,rrar be engineered by a professionalReeistered Engineer witrrin tie ii"i.'trc"lor;J;;;; u-nor" shall be added on the plat to that
In the findings of tl-re submitted NRcs.soil: ?utu reporr, tflg yil types were reported as orneyand Potts Loam' claimed to be )iitiaotu', but;Jdd':trk r, requtre engineered individuarseptic systems due to a htgh g'ou"i i)tur tubre.' pu.trrr*ore, Garfierd ciunty code requiresadequate distance between wells and fu,ry a"iliii*,^,i. easement proposed on Lot E needsto be located and defined i',r," pt}ilinary rhn to -""tiiis separation requirement
fr:fl1iirfl*ti?1,""o address the following section in the Subdivision Regurations for
|;;,:#';'EMENTAL INF,RMATI,N" GEoLoGv, sorl, r/EGErArroN AND
Information on the following characteristics of the arect proposed for subdivtsion shall be'*il;ffi#:,i":l':y;:r,:1,,;*i;i;;;;;;,7;"iffi,iote,ror i comptete descriptton or
A' Geologt - Description and/or tllustrotion by a registeretd professionar engineer ricensedbv the state of ioto'oio "r yr.r"i";.;,;ri;" ?:!, rl" stratigraphv of overtavingunconsolidated materials tn suffictent detail 7o ndlyle any potentiar deveropmentproblems resu-ltingfro* grrundrater, subsidence, instability tnioii'rrrouations and tlls,expansive soils, drainage patterns, structural bear'tig strength, or the rirre;
H. Vesetation
The Applicant shall be required to provide a weed management pran to be approved by thecountv vegetation r'r*ugti ut *}iut p,,gyid.. 1 qffiu,on security prior to finar prat toensure that any required revegetatio, i. .rtuutished for iirp.ou.,,.nts made in the subdivision.rhe Appl i cant shali al s o addre?;;;il ";; ;;;;ile S ubdivi s i on Re gut ati ons :
i;;r:ryr;tEMENTAL rNFoRtw4rroN; GEoLoGy, sorL, vEGErArroN AND
I' vegetation - Map .and description of plant assoctattons following practices of the soit,:;::7:!';:,:Xice and i""i-,ii,s i i,,",ipiion i i"o;a *iii'toT,;na ,n, bcation of
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J. Mineral Estate
It is unclear if the property's mineral estate has been severed and is owned or leased to anotherparty' If so' the Applicant shall include a plat note on irr. n ur pht stating the following: .,Themineral rights associated with this proeeil n:": u9""-l^"nr"ily or who[y severed and are notfully intact or transferred with the'r,]ifu." estate therefore a[owing the potential for naturalresource extraction on the property by the minerar .rtut" o*r.r(s) or ressee(s).,,
K. Easements
The proposed access design shall.require a Public Road DedicStiT. The Applicant shall provide
fi: tffiffi#,Hfi: tttuuritr'itg tt .ur.*.nts as part of the preriminary plan for review by
L Assessment / Fees
Ine property is located in Traffic study Area 6 which requires^a $2r0.00 per average da,y trip(ADr) fee be paid to the countv t"; ;id*';##::In,. *" w1r be irgured at the time offinal ptat' and one-har snaii l.-o"a I ld-pj;;-incruded u. u?-ponent of thesubdivision Improvement Agreem"rrt (sn). Th"..;;;G half shari u" airii"a among the rotsto be paid at the time uulaing- pl;il ;; ffi;t# to the counry for individuar rotdevelopment' If the parcel
'-t
to pZtirii-an ADu, its addiiionar assessm".rii, incruded with thepayment and schedule stated above, and the tots on wri;il ADu is permitted are risted underthe recommended conditions ut th. ;;;f this report.
if;"
on the final plat and in p.ot."tir" .o;;,;;pplicant place the following plat notes be included
1' colorado is a "Rtght-to-Farm,,state pursuant toc.n.^s. 3s_3_t01, et seq. Landowners,restdents and visitors must be prrp:*ed to orript lhe activities, sights, sounds andsmells of Ga(ield coungt's agriiultural operatto,ii or"o nor*ot ana rir"irory aspect ofliving in a County wtth i string r"rrl "l,irort* orili"otrny ranchtng sector. A, mustbe prepared to encounter noiis, odor, ligiii, ;;;,1ust, smoke cheiicars, machineryon public roads, rivestock on pubric ,.ooir, y*rigr--and dtsposar of monure, and theapplicatton by spraying or otherwise of cheilrcal- Tertttrzers, soil amendments,
1t
a
herbicides' and pesticides, any one or more of which may naturally occur as a part of aI e gal and no n- ne g I i ge nt a gr i iu t tur al op e r at i o\r.
2' No open hearth
,s.o.tt!-f-u1t fireplaces will be allowed anywhere within the subdivision.one (t) new sorid-fuer birniig tlor,
?:. lrfira bv c.R.s. 2s-7-40r, et. sew., and theregulations promulgated thereinder, will ti attowla.in any dwetiirs ""i, A1 drtellingunits will be allowed an unrestricted numb* oy natural gas burning stoves andappltances.
3' All owners of land, whether ranch or,residence, have obligattons under state low andcounty regulations with regard to the maintenance of fences and t*igation ditches,controlling weeds, keeping rivestock and peis
-und*
contror, using property inaccordance with zoning, and other ,tprrit "
,r"'using and maintai'ning property.Restdents and randowiers are - encouraged io tein otou,i tnr'r, rights andresponsibilities and act as good neighboii ani citizens of tne County. A goodintroductory source -fo1 sugh informatton is "A Guide to Rural Living & small scale
t{;:;;:*e" pttt out bv tt, cluriio i,i, ir,iri',,, Extension o7fi), in GarJietd
4' All extertor ltghting will be the minimum amount necessary and ail exterior righting wilrbe directed inward and downwa,d towards ti, intio, of the subdivision, except that,#;:;::;r.may be made to a,ow 7o, ,"1rty ti;;;;s thZt go* i;y;;; the property
't' one (l) dog will be ollowedfor each residential unit and the dog shall be required to becon/ined within the owner,s property boundaries.
6' The mineral rights associated with this-property have been partially or wholly severedand are not fully intact or transferrea-wilt
-tie ,ur?or, -rrtate therefore allowing the
i::;:::::t; naturat resource exiaction on the priper,, t, the mrneiat estate owner(s)
7' All foundations and Individual sewage Disposal systems _shall be engineered by aP r ofe s s t o nal Re gi s t e r e d En gin e e r w i t hin t h, rt ;;; "i6; b r ado.
8'
!lr';"r:;x":::! ontv on Lots c and Lot E. rn no case shau those tots be reduced in
A.
The Sketch plan comments shall be valid for a period not to exceed one (1) year from the dateof the Planning Commission review. If a Preliminary plan for the proposed subdivision is notpresented to the Garfield County Planning Commission by that the Applicant will have todate,submit an updated Sketch Plan application to the Department for review andcomparison with the original application.
Planning
t2