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HomeMy WebLinkAbout2.0 PC Staff Report 11.28.2012UPDATED 11/28/12 - NEW ITEMS SHOWN IN BOLD Garfield County Planning Commission — Public Hearing Exhibits Pioneer Point Subdivision Preliminary Plan Review Roger and Amelia Eshelman - Applicants November 28, 2012 (File SPPA-7391) Exhibit Letter (A to Z) Exhibit Description A Proof of Publication B Return Receipts from Mailing Notice C Photo evidence of Public Notice Posting D Garfield County Unified Land Use Resolution of 2008, as amended E Garfield County Comprehensive Pian of 2030 F Application G Staff Report H Staff Presentation Referral Comments from the Colorado Geological Survey J Referral Comments County Vegetation Manager K Referral Comments from County Environmental Health Department L Referral Comments from County Road and Bridge M Referral Comments from Carbondale Fire Protection District N Referral Comments from Colorado Parks and Wildlife 0 Referral Comments from County Consulting Engineer, Chris Hale P Applicant's Supplemental Slope Analysis for Lot 1 Q Applicant's Subdivision Improvements Deferral Request from Kelly Cave, Applicant's Attorney R Amended Roadway Agreements 5 Public Comments from Gregory and Carla Pronto Applicant Road Waiver Responses (dated 11126112) _T U Public Comments from Daniel and Ann Hogan V Public Comments from Diann Kroeger W High Country Engineering Report on Water Line and Driveway Apron Installations (dated 11/27112) X Photographic Documentation of Utility Installation (Roger Eshelman) Y ISDS Design Memo Requesting Relief from Engineering Requirement, from High Country Engineering (11127/12) Z Traffic Update Memo from High Country Engineering (11/27/12) UPDATED 11/28/12 - NEW ITEMS SHOWN IN BOLD AA High Country Engineering Memo on Hogan/Lot 1 Driveway Grades BB Planning Staff Edited Draft Conditions CC DD EE FF GG HH I I JJ KK LL MM NN 00 PP QQ RR SS TT UU W VVVV xx Jnr zz Rifle Colorado I CitizenTelegram.com News offline 1 :gals .gals BROWSE CLASSIFIEDS I NEWEST FEATURES I FREE ADS 1 DISCOUNTS I PROOFING PUBLIC NOTICE TAKE NOTICE that Roger and GLENW00D SPRINGS, CO 81601 - Oct 25, 2012 - ad id: 8507679 PUBLIC NOTICE TAKE NOTICE that Roger and Amelia Eshelman have applied to the Planning Commission, Garfield County, State of Colorado, to request approval of a Preliminary Plan Review for the Pioneer Point Subdivision (File Number SPPA- 7391), located within the County of Garfield, State of Colorado, to -wit: eduerriserment 1 your ad here EXHIBIT /4 GO TO... Image Pioneer Point Subdivision Legal Description A PARCEL OF LAND SITUATED IN 7HE Wi/2NE1 /4 SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 A 2-1/4" BRASS CAP IN PLACE THENCE S32A'0722'W A DISTANCE OF 2250.87 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID W1 /2NE1I4 THE POINT OF BEGINNING; THENCE SODA` 16'39'W ALONG SAID EASTERLY LINE A DISTANCE OF 425.22 FEET; THENCE LEAVING 5A10 EASTERLY LINE N87A' 35'30"W A DISTANCE OF 270.10 FEET TO A POiNT 30 FEET OFF THE CENTERLINE OF COUNTY ROAD NO. 100, AS CONSTRUCTED IN PLACE, A REBAR AND CAP L.S. #15447 FOUND IN PLACE; THENCE N30A'20'54'W A DISTANCE OF 468.01 FEET TO THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF THE GARFIELD COUNTY CLERK AND RECORDERS OFFICE; THENCE N28A'00'22WN ALONG THE EASTERLY RIGHT-OF-WAY FOR COUNTY ROAD NO. 100 (A5 DESCRIBED IN RECEPTION N0. 486692) A DISTANCE OF 372.97 FEET; THENCE LEAVING SAID RIGHT-OF-WAY N85A'12'35"E A DISTANCE OF 458.09 FEET; THENCE 5014'07'30"E A DISTANCE OF 361.96 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID RECEPTION NO. 486692; THENCE N8811/4"52'30"E ALONG SAID SOUTHERLY LINE A DISTANCE OF 219.97 FEET TO THE POINT OF BEGINNING, CONTAINING 6.702 ACRES, MORE OR LESS, Practical Description; The property is located off of County Road 100, approximately 6 miles northeast of the Town of Carbondale. The address is 7378, County Road 100, Carbondale, Colorado, 81623 and the site is also known by Assessor's Parcel No. 2391.181.00.027. Request: The Application proposes to subdivide the 6.7 acre site into 3 Lots, approximately 2.4 acres, 2,1 acres, and 2.1 acres in size. Existing homes are located on two of the proposed lots. The lots will he served by a shared domestic well and individual sewage disposal systems. The property is Zoned Rural. Ali persons affected by the proposed subdivision are invited to appear and state their views, protests or support. If you cannot appear personally at such hearing, then you are urged to state your views by letter, as the Planning Commission will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to recommend approval, approval with conditions or denial of the application for a Preliminary Plan Review. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 401, Garfietd County Plaza Building, Glenwood Springs, Colorado, 81601, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the 28th day of November, 2012 at 6:30 p,m. and will be held in the County Commissioner's Meeting Roam, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado, 81601. Building and Planning Department Garfield County Published in the Rifle Citizen Telegram on October 25, 2012. [8507679) citizentelegram.com Return to Legais I View Atl Classifieds place classified in this category I SCAMBUSTERS I HELP I MANAGE ACCOUNT no price Post Date: Oct 25, 2012 Expire Date: Oct 25, 2012 Days Online: 13 days Days Left: Last Day Details No Additional Information Available 11/7/2012 GLENWOOD SOMINOS POST INDEPENDENT PO Box 1888 Carson City, NV 89702-1888 Address Service Requested 3955002133 PRESORT 2133 1 AT 0.374 P1C9 ‹Ba III'IIIi1IIIIIijIItiuiuII`Iii!'IIIIIII1111i1iI"`IIIIIIIIIui11i1i VERNON HOPE HIGH COUNTRY ENGINEERING ELN 1517 BLAKE AVE STE 101 GLENWOOD SPRINGS CO 81601-3966 GLENWOOD SPNING. POST INDEPENDENT Advertising Invoice Statement Account Number: 1009727 Billing Date: 10/31112 Invoice Number: 1009727103112 Due Date: 11/10/12 Total Amount Due: 64.70 Amount Enclosed: $ We gladly accept checks made payable to COLORADO MOUNTAIN NEWS MEDIA. For credit card options, please complete reverse side. COLORADO MOUNTAIN NEWS MEDIA CUSTOMER PAYMENT CENTER PO BOX 1888 CARSON CITY, NV 89702 illl'11I'uuul uidu,u1III'II'II'IIIIIIILLIIIIII,IJIi JIIIINiIII Pease detach and return above portion with your payment For information or questions regarding your bill, please calf our Customer Service Department at 888-508-2666 or email us at AdvertisingBilling@swiftcom.com. Account Manager: PI Legals 970-384-9145 mborkenhagen@postindependent.com Account Name Account Number Billing Period Invoice Number 1009727103112 hCountry Engineerin 1009727 10/01112 - 10/31/12 DATE PUBLICATION AD# PO# 1 DESCRIPTION / INSERT IDENTIFIER UNITS RUNS AMOUNT Ad Type: Legal 10/25 CT, PIN .,".., , .,. 8507679 Brenda Conner 1 ct Eshelman PC hIrg 11.28.12 1 x 89 To review our full terms and conditions, please visit www.swittcom.comftac. 1 64.70 Payments/Credits Current 30 Days 60 Days 90 Days 120 Days Total Amount Due �y 0.00 64.70 0.00 0.00 0.00 0.00 64.70 - DATE PUBLICATION AD# PO# 1 DESCRIPTION / INSERT IDENTIFIER UNITS RUNS AMOUNT Ad Type: Legal 10/25 CT, PIN .,".., , .,. 8507679 Brenda Conner 1 ct Eshelman PC hIrg 11.28.12 1 x 89 To review our full terms and conditions, please visit www.swittcom.comftac. 1 64.70 a fM Q ru w 41 0 w 1000 D60E OUR 5 ro D60E IO'[OL F a 0 • ■ ■ oaB B rs.:y 0 < .p..0 t] — 00 0 3 t0 54.9 et)' -"u13) -a O 8- 0 a � 03 6 g0 w ,al a woa�� -0 0 0 3,‹ o m 2 o E9-1 0 n mo m z m ra 0 r m 0, m 0 0 passaappV ela!W ' • • -=B m C ®I gicaaqr =.4a m a y 1 43534 o 41@a 50. Wa ° 722-0348. 9- 0an m Ll gQp Orn› -00 ,40 3 O 0 - O. C inf D D m z m S a 3 F vooz tilerugej' L L8E wind sd 8 m D 000 ru wR EY_ Ui a EJ I" D D w a - D ❑00 a. 000 n a o3 a ID m e v C rn c " t 0 :a; pesssiPPV ®10B -'V ' G ❑❑❑ C1 � v 0 Sl'1VDER:"COMPLETE THIS SECTION I ■ Complete items - 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse , so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: bwrecto of LIAJAci,, .\f aGe,n i ['t i1ohvoct) Li r IL. ( tt vocei E5f4)i 2. Article Number (Transfer from service lam...; COMPLETE THIS SECTIO?J ON DELIVERY P` S nErtureisweiwr'rr • :gam Agent ❑ Addressee . Dat. of Delivery D Is delivery - • •ss different from item 1? 0 Yes If YES, enter delivery address below: 0 No r2 . Service Type 0 Certified Mail 0 Registered 0 insured Mail ❑ Express Mail ❑ Retum Receipt for Merchandise CI C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7010 3090 0001 0247 3634 PS Form 3811, February 2004 SENDER: COBE THIS SECTION Domestic Return Receipt • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print=ylpur name and address on the reverse so that uve can return the card to you. • Attach this card to the back of the maiipiece„ or o the front if space permits. 1. Artio = dressed to: 3oeen, iaes E. 4 „)- q Wnh 'Rpozi ( o Cayboik(e CD siz.3 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY A ignature 0 Agent 0 Addressee ed by (Printed Name) C. Date of Delivery rens different from itert(l? 0 Yes 'Very address below: 0 No ed Mall 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Ill Yes 2. Article Number (Transfer from service label) 7010 3090 0001 024? 362? PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 EXHIBIT 2 Pioneer Point Preliminary Plat SPPA-7391 11/28/12 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Preliminary Plat Review — Pioneer Point Subdivision APPLICANT (OWNER) ENGINEER Roger and Amelia Eshelman High Country Engineering, Dan Dennison LOCATION The site is located at 7378 County Road 100, approximately 6 miles northeast of the Town of Carbondale. LEGAL DESCRIPTION ACRES ZONING W'/2NE% Section 18, T7S, R87W of the 6th P.M. and also known by Assessor's Parcel No. 2391-181-00-027. Approximately 6.7 acres Rural 1 DESCRIPTION OF THE PROPOSAL The Applicant proposes subdivision of the 6.7 acres site into 3 lots to be served by a shared domestic well and individual septic disposal systems. The proposed lots are approximately 2.47, 2.11, and 2.11 acres in size. Existing homes are located on proposed Lots 2 and 3. Lot 1 is currently vacant and proposed for development of a new single family home. The Applicant has clarified that while they have no specific plans for Accessory Dwelling Units at this time, they hope to not preclude that potential in the future. Access to Lots 2 and 3 is by an existing private access driveway. Access to Lot 1 is proposed via existing driveway on the adjoining property to the north (Hogan) and extensions to serve the new lot. A shared driveway agreement with the Hogans has been submitted with the Application. The access roads are gravel surfaces, approximately 12 -16 ft. in width. Road grades are generally moderate to steep with average grades of 9% for the existing road serving Lots 2 and 3, and 11% road serving Lot 1. The shared section of roadway serving Lot 1 has an existing section of 18% grade just east of the access point onto the County Road. The Applicant has requested a waiver from the County's Roadway standards which provide for a maximum grade of 10% along with minimum easement widths, ditches and shoulders. The Application also provides documentation of a legal supply of water through Water Lease Agreements, Water Court Rulings, contracts with the Basalt Water Conservancy District, and a well permit issued by the Division of Water Resources permitted to serve three single family homes. Well production tests and water quality tests were also provided. Various documents and agreements were submitted including a well sharing agreement, a road sharing agreement and amendments, draft covenants, and a draft of Homeowners Association Documentation. VICINITY MAP ITE The original application submittal indicates that infrastructure to serve the proposed Lot 1 would be constructed prior to sale of the lot. Supplemental correspondence from the Applicant's Attorney indicates that they are requesting to defer construction to a future buyer and the Application requests a waiver from the requirements for a Subdivision Improvements Agreement. Staff addresses this issue in Section VI, Staff analysis. II. BACKGROUND AND HISTORY The Applicant has previously applied for a Sketch Plan on the property based on the same proposal for one additional lot. The request was tabled and an amendment to the Comprehensive Plan requested and approved by the Planning Commission. Under the current ULUR regulations a sketch plan review is optional and was not pursued by the Applicant at this time, proceeding with the Preliminary Plat application instead. 2 The Application documentation also includes evidence of a past boundary line adjustment with the adjoining property to the north owned by the Hogans, that transferred additional acreage to the Eshelmans facilitating their current subdivision request. The two homes currently existing on the property were permitted based on County regulations allowing for a guest house. The Applicant's proposal would eliminate that designation and each home would be located on its own lot. AERIAL PHOTO (site shown in red) III, AUTHORITY — APPLICABLE REGULATIONS A. The Unified Land Use Resolution of 2008, as amended (ULUR) regulates the subdivision of land in Article 5, Division of Land. Common review procedures are further set forth in Table 5-102. B. The property has previously been determined to not be eligible for additional subdivision exemptions due to subdivision exemption activities on other portions of the original parcel as it existing on 1/1173. As a result the Application is subject to a Major Subdivision Review in accordance with Section 5-301 and specifically the Preliminary Plan Review (Section 5-301.C). 3 C. Submittal Requirements for the Subdivision review are set forth in Section 5-401, 5- 402 and Table 5-401. The Applicant has requested waivers from certain submittal requirements and standards in accordance with Sections 4-117 and 4-202. Preliminary Subdivision Plat PRELIMINARY PLAT PIONEER POINT SUBDIVSION A PARCEL OF LAND SITUATED IN LOT 3, LOT 12 AND THE E 1 /2 OF LOT SECTION 18, TOWNSHIP 7 SOUTH, RANGE 67 WEST OF THE 6TH P.M COUNTY OF GARFIELD, STATE OF COLORADO CZ%`Tf.CAR (4 TAMS !ME • :c1'rc LOT 1 24116 Ac PROW SOU r.t 11 1141 i�,147 f!} 1 nousent sumernaors own men _4na.ww�Yx/YM SNw w"1.1 %auT.-117•iv3-- . AY ]•�fi�Yilsli \.. ros1p,'1• 411100 LOT 2 2-1191 M. 11i Earl&VWV.&""rrarc rR V.W tn._,•,t rMMa,ss1K •4 S. ssa+ afNar,6rN xtY yYyry�,. ailo1A MYrr9MN.. Nis 4 LAliasLL _fi�tt ; • t. �kA]C' i 0i FE El �IY •I•1 SW. ti •ar Rrs5Y aOufY eTY1N e.• sL '`F IV. PUBLIC AND REFERRAL COMMENTS No public comments were received on the Application. Referral Comments are attached as Exhibits and summarized as follows: 4 A. Garfield County Road and Bridge: Their review identified a driveway apron required for the Hogan (shared driveway) pursuant to past Driveway Permits. They also indicated that the Eshelman driveway should obtain a driveway permit and bring it up to standards with a V pan apron. A stop sign at the driveway was also recommended and snow plowing concerns noted. B. Carbondale Fire Protection District: Noted that previous comments are included in the Application and that the new lot should be subject to payment of Fire District Impact Fees. Previous comments from the Fire Protection District dated 8/412006 and 8/21/2008 are summarized below: • Fire protection and emergency medical services provided from Station No. 5 directly south of the subdivision. • Access appeared adequate and turnouts may be needed to allow vehicles to pass • A test drive was conducted with fire apparatus accessing existing and proposed lots. • Water storage was reviewed including the existing 2,000 gallons tank for Lots 2 & 3 and a 1,700 gallons tank for proposed Lot 1. Dry hydrants were noted as needed. • Recommendations for defensible space to address wildfire concerns were noted with reference to the Colorado State Forest Service standards for Lot 1. C. Garfield County Consulting Engineer: The Engineer identified a number of concerns summarized below: • County Road traffic • Steep driveway road grades • Stopping area at the County Road access point • Allowance for ADU's and water demands • While no building envelopes are proposed zoning setbacks should be noted • Irrigation water should be provided to each Got • Water hardness should be noted for future buyers • Applicant will need to construct all the proposed utilities and access to Lot 1 (discussion of improvements and costs) D. Garfield County Vegetation Manager: Provided information on the history of treatment for thistles on the property and related mapping. E. Colorado Division of Water Resources: The Division has not provided comments at this time, however, we anticipate input based on the amount of water documentation provided in the Application. F. Garfield County Environmental Health Manager: Identified a number of questions and comments including: • Agreement with drainage recommendations from the geo-tech study • Information on the condition of the existing ISDS systems 5 • Construction traffic • Shared well agreement • Well protection • Water capacity and quality G. Colorado Parks and Wildlife: Comments from the CPW are summarized below: • Vegetation is primarily pinon-juniper woodland and sagebrush plant species • "...no known threatened or endangered species or State recognized species of concern are currently known to be nesting in the area." • Supported the use of existing roads • The area is within documented elk winter range, winter concentration areas and severe elk winter range. • Increase human activity and the construction of movement barriers such as fences or walls will impact wildlife and habitat. • A list of recommendations regarding pets, trash, feeding wildlife and fences was provided. H. Colorado Geological Survey (CGS): The CGS referral letter provided additional geologic hazard assessment and recommendations summarized as follows: • Prior to issuance of building permits, a site-specific soils and foundation investigation should be required. • Avoidance of steeper slopes (gradients more than 30%) • Requirements for grading plans • Need for slope stability analyses and rock fall mitigation on deeper cuts or fills. • Need for good drainage pursuant to the geo-tech report 1. Referrals were also sent to the BLM, RE -1 School District, U.S. West, and Holy Cross Electric. No comments have been received at this time. V. COMPREHENSIVE PLAN The Eshelman property is designated Residential Medium High -- RMH (2 to < 6 acres/dwelling unit) in the Garfield County Comprehensive Plan 2030. Excerpts from the Plan including the Future Land Use Map are included below. The Eshelman proposal will result in a density of approximately 2 acres/dwelling unit which is generally consistent wit the RMH Density provided that a significant portion of the property is maintained in open condition (no structure and native vegetation). The property was the subject of a Comprehensive Plan amendment request approved by the Planning Commission in 2008. The amendment requested changing the property's designation from RM (Residential Medium) to RMH (Residential Medium High). The amendment process included extensive information on the site and was reviewed subsequent to the tabling of a subdivision sketch plan request. The Planning Commission's approval of the amendment is reflected in the current RMH designation. 6 COMPREHENSIVE PLAN FUTURE LAND USE MAP Care Cre i Pioneer Point MAP DESIGNATIONS • Yellow designation is RM. • Green Striped is Conservation Easement. • Brown indicates Res MH (Residential Medium — High). • White is Open Space/public Lands. RMH — RESIDENTIAL MEDIUM HIGH — DESCRIPTION LAND UST DESIGNATION DESCRIPTION COMPATIBLE ZONING !cadential Medium ;RMH) High Small (arms, rsiatc.,, and t lustrrrPrl rr-tiidenti.-rl subdivisions; density rleterminr•ri by degree trl clustering and Lind iirP,Prvr?d in open condition_ 0% ojwn land 1 du per - 6 acres 50% ulwn land = 1 du per 4 acres ()",:;, men land = 1 per 2 acres Rural (R1 Planned Unit Development (MD) ill 2du , i,•,�<.;;1 ,. k.. .,. 4'11'N. 1 (111 per to <6 itCreS 7 VI. STAFF ANALYSIS Water and Sewer A. The Applicant's documentation of an adequate legal and physical supply of water meets the ULUR standards. Additional confirmation from the Applicant's consultants is needed to addresses any impact to ground water supplies and that all parameters of the Colorado Primary Drinking Water Regulations were met or an acceptable treatment plan proposed. The Division of Water Resources has been contacted to solicit any comments. B. Pursuant to the Application submittals an engineered ISDS will be required for Lot 1 and compliance with the Applicant's submitted Sewage Management Plan including maintenance recommendation should be required. Prior to final platting an inspection of the existing systems on Lots 2 and 3 by the Garfield County Building Department should be conducted. Wildlife C. Compliance with the CPW recommendations for regarding wildlife compatibility should be required along with requiring any outside storage of trash be in a bear proof container. The proposed covenants include restriction on the number of dogs per lot and include provision for dog control and enforcement. Waiver Requests D. The Applicant's requests for waivers from submittal requirements are supported by the Application Submittals which address the issues but may not meet the technical requirements of detailed reports. Review criteria for submittal waivers are outlined in Section 4-202. Discussion of waiver requests are summarized below: • The application documents through basic traffic information very minimal new traffic generation from the one new lot. The analysis by the Applicant's Engineer should be updated to provide existing traffic volumes on the county road available frorn the Road and Bridge Department. • The application provides basic drainage calculations and analysis addressing minimal new impacts associated with the Lot 1 road construction. Conditions should require that at the time of construction or building permit the Applicant shall comply with all standard county requirements associated with grading and drainage including erosion and sediment control during construction. Additional engineering details should be provided at that time to confirm compliance. • The application provides basic visual impact analysis appropriate for the development of one single family dwelling. Photo images of the site reflect minor impacts from the existing development. • Information on open space can be adequately addressed though conditions of approval based on the development of one single family lot. • Impact Analysis topics are discussed throughout the Application submittal with 8 information on vegetation and wildlife supplemented by referral comments from the Colorado Department of Wildlife. E. Waivers from Standards are subject to Review Criteria contained in Section 4-117. Pursuant to the criteria, the Application needs to demonstrate that the proposal "Achieves the intent of the subject standard to the same or better degree..." and that it "Imposes no greater impacts on adjacent properties than would occur through compliance..." Waiver requests from standards are discussed below: Subdivision Improvements- Waiver Request F. The Applicant's request for total deferral of installation of improvements is not supported by relevant provisions of the ULUR and review by the County Attorney's Office. Alternatives to a standard Subdivision Improvements Agreement may be considered as long as the ULUR Standards far ensuring improvements are in place prior to filing of a final plat are met. G. The Applicant has provided as part of the Staff site visit information on the current status of certain improvements. The water line to serve Lot 1 is being installed and should be completed prior to the Planning Commissioner hearing. The access apron on the shared driveway section for Lot 1 has also been installed. H. Provision of preliminary cost estimates for any remaining improvements should be provided as part of the Final Plat review. As electrical service exists on proposed Lot 1 extension to a future building site is appropriate for at the time of building permit. The 1SDS for Lot 1 is also appropriate for siting and installation in conjunction with a future building permit. The installation of water storage to serve Lot 1 including fire protection is dependant on location of the proposed home and is appropriate to be required as a condition of approval for installation at the time of construction. Access, Driveway — Waiver Request The Applicant shall obtain an updated Driveway Access Permit from the Road and Bridge Department for the existing driveway serving Lots 2 & 3. Compliance with the Road recommendations for upgrades to that intersection should be required and completed prior to recording the Final Plat or security in conjunction with a Subdivision improvements Agreement provided. J. The Applicant has installed improvements to the shared driveway serving Lot 1 including an apron at the County Road point of access some widening and grading at the steeper section of the driveway. A waiver request has been formalized from Roadway Standards including this initial shared section of the driveway dealing with road grade, shoulders/ditches, and right of way width. This initial section is proposed to serve 3 units (Hogan ADU, Hogan single family home, and Lot 1) for the first approximately 9i0 ft. and is subject to the Semi Primitive Roadway Standards. 9 K. The existing Lot 1 driveway past the initial section, the proposed new driveway to extend to Lot 1, and the existing driveway serving Lots 2 and 3 are subject to the Primitive Residential standards as they only serve two units each. These sections of driveways will also require waivers from road grade. A summary table of waiver issues and roadway standards is provided. ROADWAY WAIVER TABLE DRIVEWAY SECTIONS Roadway Standards Lot 1 'Initial Section (3 units served) Lot 1 Second Section and New Construction (2 units served) Lots 2 and 3 Existing Section (2 units served) Lane width Compliant Compliant Compliant Ditch/Shoulder Dimension Generally Compliant Partially Compliant Partially Compliant Right-of-way Width Not Compliant Compliant Compliant Driveway Grade Not Compliant Partially Compliant Partially Compliant Emergency Vehicle Access Acceptable to Fire District Acceptable to Fire District (pull-outs may be required) Acceptable to Fire District Road Category Semi - Primitive Primitive Residential Primitive Residential 4 L. Consideration of the Roadway Waiver should include additional documentation from the Applicant's Engineer indicating the adequacy of the various driveways to safely serve the proposed units, and recommending any needed improvements or mitigation for the waivers (i.e. surfacing upgrades, widening, grading etc.). Said documentation needs to demonstrate compliance with the Review Standards of the ULUR Section 4-117 noted above. adequacy of the road and recommending mitigation. Fire Protection M. The Carbondale and Rural Fire Protection District recommendations contained in their referral comments dated 8/4/06, 8/21/08, and 11/9/12 should be included as 10 conditions of approval including provisions for creation of defensible spaces pursuant to the State guidelines, water supply, and access/pull-outs. Geo -Tech Issues and Hazard Mitigation N. Compliance with the recommendations of the Applicant's Geotechnical Report by Yeh and Associations and the recommendations of the Colorado Geological Survey shall be required. These include site specific supplemental engineering and soils analysis for Lot 1. Of particular note are recommendations addressing slope stability, road cuts, and maximum slope grades. Appropriate plat notes should be included on the final plats. Topography 1 LEGEND: 1P-1 Irxlroalus a1rpraod.na0e location IM of expkwaiory teat ptt 0 50 sOO 1 SCALE: 1' = 100 Approximate Test Pit Location 11 Darker Shading = Slopes < 30% Lighter Shading = Slopes > 30% Lot 1 Slope Analysis VII. SUGGESTED FINDINGS A planning Commission recommendation for approval to the Board of County Commissioners should include the following suggested findings. 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. The hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 12 3. That for the above stated and other reasons the approval of the proposed Pioneer Point Preliminary Subdivision Plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and approval of applicable waivers, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. VIII. RECOMMENDATION Staff offers the following draft conditions in support of a recommendation by the Planning Commission for approval subject to conditions: 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Planning Commission recommendation, 2. An engineering Individual Septic Disposal System shall be required for Lot 1, The existing septic systems for Lots 2 and 3 shall be inspected by the Garfield County Building Department with any deficiencies noted by said inspection to be repaired prior to recording the Final Plat. The Applicant shall maintain compliance with the representations contained in the Applicant's Sewage Management Plan. 3. The Applicant shall maintain compliance with the Division of Water Resources Well Permit and related Water Court Decrees and any conditions contained therein. The Applicant and any future successors in ownership shall maintain the required contract with Basalt Water Conservancy District. Irrigation water shall be allocated to each proposed lot pursuant to amendments to the shared well agreement. 4. The Applicant shall supplement the Water Quality Testing to include any additional tests and affirmative finding by a qualified water testing professional that the water meets the Colorado Primary Drinking Water Standards and/or provide a treatment solution should a compliance issue be noted by the test results. 5. The Applicant shall finalize and record at the time of Final Plat approval the well sharing agreement, road sharing agreement, covenants, and homeowner association documents for the subdivision. All said documents shall be subject to final review and acceptance by the County Attorney's Office. 6. Compliance with the recommendations of the Applicant's Geotechnical Report by Yeh and Associations and the recommendations of the Colorado Geological Survey shall be required. These recommendations include site specific supplemental engineering and soils analysis for Lot 1 and supplemental engineering review of slope stability and grades 13 for excavations associated with road cuts. Plat notes identifying the supplemental engineering requirements shall be included on the Final Plat. The Final building and driveway location on Lot 1 shall be designed to avoid or minimize impacts on areas with slopes steeper than 30% to the extent reasonably possible. 7. Compliance with the Carbondale and Rural Fire Protection District recommendations contained in their referral comments dated 8/4/06, 8/21/08, and 11/9/12 shall be required including but not limited to creation of defensible spaces for new structures pursuant to the State guidelines, water supply for fire protection, and location and construction of access/pull-outs at the time of construction of the new access road to serve Lot 1.. 8. Waivers from submittal requirements are recommended for approval in accordance with the Review Criteria contained in Section 4-202 (C). 9. The proposed driveways and related waivers from roadway standards contained in Section 7-308 are recommended for approval in accordance with the Review Criteria contained in Section 4-117(C) provided the following conditions are met. a. Provision of additional documentation from the Applicant's Engineer indicating the adequacy of the various driveways to safely serve the proposed units and in particular the steeper sections of access to Lot 1. b. Provision of additional upgrades to the Lot 1 access as determined necessary by the Applicant's Engineer including potential upgrades to surfacing and widening of the initial turn toward Lot 1. c. Review and approval of supplemental upgrades to the Lot 1 access by the County Consulting Engineer. d. Compliance with the recommendations of the Road and Bridge Department for additional access permitting the existing driveway for Lots 2 & 3 and additional improvements at both the access points onto County Road 100. e. Construction of the proposed driveway serving Lot 1 shall be subject to additional drainage and erosion protection in accordance with County regulations. f. The Applicant shall provide information on existing traffic counts for County Road 100, further demonstrating the minimal net traffic impact from the proposed subdivision. 10. The proposal for a waiver from the requirement for a subdivision improvement agreement associated with the Applicant's proposal to defer infrastructure improvements to a future purchaser of Lot is not recommended for approval. The following conditions are recommended for approval to address the subdivision improvements waiver: a. The Applicant shall provide engineering documentation for all improvements already installed, including the Lot 1 water line and driveway apron. Said documentation shall include engineering verification that the improvements were properly installed. b. The Applicant shall provide an engineered estimate for the installation of the proposed driveway to the Lot 1 lot line and any additional access improvements 14 serving Lot 1. c. The Applicant shall provide proof of installation and sign -off by a qualified engineer of the remaining access improvements prior to the recording of the final plat or in lieu of said verification shall provide a Treasurer's Deposit Agreement or similar documentation acceptable to the County Attorney's Office providing security in the amount of the engineer's cost estimate for the construction of the remaining access improvements. d. Plat notes shall be included on the Final Plat providing clarification that electrical and water service has been provided to Lot 1 as currently configured and that any extension of said utilities to the final building location within Lot 1 shall be the responsibility of a future lot purchaser. . 11. All new construction on the property shall be required to meet all Garfield County Building Code Requirements. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction including driveway improvements and shall address ongoing weed management on the site consistent with the County Weed Management Regulations. 12. The Applicant shall provide bear proof trash containers for any outside storage of trash within the subdivision and shall comply with the wildlife compatibility recommendation contained in the Colorado Parks and Wildlife referral letter dated 11/13/12. . 13. The Applicant shall pay required impact fees associated with the new Lot 1 for school land dedication and Fire Impact Fees prior to the recording of the Final Plat. County Road/Traffic Impact Fees shall referenced on the Final Plat by Plat Note and shall be payable at the time of issuance of a building permit for Lot 1. 14. The Application reflects general conformance with the Garfield County Comprehensive Plan provided the applicant maintains the majority of each lot in an open condition. In lieu of establishing building envelope limits on development the Applicant and future lot owners shall maintain approximately 70% of each lot, not including driveways in an open condition without structures. This condition does not preclude establishment of lawns and yards or similar landscaping improvements. 15. No approvals or prohibitions on future Accessory Dwelling Units on any of the proposed Tots are granted with this approval. The subdivision approvals will however provide separate lots for both existing homes and any past designations as a guest house or ADU will be superseded by this approval. 15 DISTANT VIEW OF THE PIONEER POINT SITE DISTANT VIEW OF THE PIONEER POINT SITE 10 EXISTING DRIVEWAY FOR LOTS 2 & 3 TYPICAL VEGETATION ON THE SITE 17 VIEWS OF LOT 1 DRIVEWAY - STEEPER SECTIONS 18 . lir > cil> 10 CC ctiC V 1 4-0 CL L. • cwa) o cL EXHIBIT 44-- ao .a w CN ro U C 3 r- 7CUti Q 0 (3 Q 0 Z 0 binU a) c 0 r[3 0 1) L1 -o co (o C 0 CU L CD Le - 73 a 0 Ln n 0 Q cu U') ra +tea C L _. • >- cp a 0_ cu .7) CU S o 0 4-0 u a)Q. 0 0 0 o i--+ Q Cr E -0 Ln C LLJ CU W E co C as C ru on ro v = c .0 � vi 5-0- — a o1 Q(-) .ra E as au 0 — w U a 0 a)' F- Q- 1— CU 4-1 a Ln a--+ 0 Ln (o 725 ('0 0 0 Ln ai .471E ra+} 0 c u co CUQ Ln N 4-0 L 4--+ C a C E (I) CU (0 LD 4-1 a) LCU 0.0 ('3 a) U c i L 0 L 4-1 c CU C1:5 E CU 4-j C cn i 03 to a) CU � C 0 L LU L) QJ v) CU C Ln 4-4 Q O CU (1) L- b.0 � .0 a co - L) C13 (a a) a--+ CU 4--3 L L a) Q a) a) CU � L Ln CU a) Q 0 b (- 73Q 4-1 LID E � k§ O � 0 (1) +-0 CO C L >. • 1 . . . 04 0 c C a) a� a 'in H. O u • The site is 6.7 acres in size s_ CU D 4 , 1.71C L4- C c s- o co CD –C3 Q-) V 0 D•Ca re I CU 0_ cu w C7 4- G.) 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M MI .g, sp 0. Iv: :r. 1 IA 6— ktij �s• I CL 0.1 R • (1)O • GO o CO A 0 % o ® o g n@ % 2 11 R eL 1-5 eL _ • ._ $ .S D C o 2 2 " m m%� v) .. cp.a % % ° >, Y E 3 .1tri -C < YeagArcg";4‘, i I / Nr;'i ,Are Zz IV CM 71*. IC+ P.. :r4 co a) 0 c r W St ' w w L) co E 0 u ©a Co cv cu DRIVEWAY SECTIONS I Lots 2 and 3 Existing Section (2 units served) Compliant Partially Compliant Compliant Partially Compliant Acceptable to Fire District Primitive Residential Lot 1 Second Section and New Construction 2 units served c E 0 0 Partially Compliant Compliant Partially Compliant Acceptable to Fire District (pull-outs may be required) Primitive Residential Lot 1 Initial Section (3 units served) Compliant Ditch/Shoulder Generally Dimension Compliant Not Compliant Not Compliant Acceptable to Fire District Semi - Primitive ROADWAY WAIVER TABLE Roadway Standards Lane width Right-of-way Width Driveway Grade Emergency Vehicle Access Road Category Yellow — Residential Medium Pale Yellow — Residential Low COMPATIBLE ZONING 0 DESCRIPTION c - Z E 7 = v rsiu Densky of residential uses,• cu - Q. Comments -0 4— aL}-0 0 [13 C to '4-1 (13 a) v 0 C to C C CO w L1.. 0 'C CO >. 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C ro , v) 03 a) a (13 CI- .4-7' (1) E =3• a -C3 © cu cu I- 0 a--, 4- a) a) -0 ca1 L cc r0 0 L1 +' { a (13C L a) N 0 a � C L ca C?cvv, 1 o.o r3 L� © > � Com *47, cl CU L C u--- r 0 N - CU a . 0 >- i L 4-, a n3 C +-, co -0 11:3C ft) D ra a -C 'r' to a)'4 a) L 7 +� 7_ 0_ co a �j E a) w v cu C] (.9 -a 0 -o Li < 0- 0 %i }, < < > r I CO r a . r Comments The Engineer identified a number of concerns U O N >- 0 C LI, 4-a CU 1.7)C C U L v 1 o CU > CU Q L- O C 0 `x' C cu a-+ C 3— Q) g C u no O a 0 T3 cu C C (M -C 0 C ++ 0 V) 1 �T3 (0 Q) - E E ra }' = L E C v)4 -O o .o 0— o 0 -0 4 r--0 N - 0- —C c, O E. tri vri -0 v) 41 +C-, Cs_ aN C Q 0 Q) E in +�, tv E 0 -00 CI) - O QJ CL a a r9 C 0L) (13 75 0 L 211 u ro C a) Tu i CU O cU O 4-1 4-, flJ 0' C C '- w C d N C^ O co ) U Co > 'a a--+ >na 4_J D O O N N `') 0.) O O - -a Q] 0_ D (o © C]A 5) vs 4J C > O C p C i VI>, 0_ 'O L co a) 0 C ❑ � cc •C CUD U O C CO C U 0 O C 7- C C C .O - co } -0 -p fl.} ro 0 CU 0 c c Q L -I. V' ate-+ U -10 • ■ . . . . . TU -0 E CQ 4— 0.► CU M a Q) iJ1 0 QJ 0> 0 L 0 0- .a > Comments CO CU 4— Identified a number of questions and >- -0N a., U To 4, 0- Ofy -c cu L taA E ro 4, J- u N co Vi Cl L p ❑ C6 R3 c Ti) co 0 CO N - -a 7( 0 c cJ 67i Rs a) a) U OJ E _c cu To 0 Q C U C aJ , .� v E +-+ C CID €$ C +; C 0 acJ .5 t its C u_l, 45 _c `+- N >, = -c co CU d._ O C d C CJc C 0 OJ c � = N E aJ E a.)E �L 0 E 0c `o 0 u Q c U cv) LL . . . . Colorado Parks and Wildlife: Comments from the CPW are summarized below: aJ ro L C.) 0 U 4- d N N OJ OJa C4-, ro 0_.E t 'A O U - OJ Co ro N (.11 c CO [Z3 "0 0_T o N R3 o -a v cu at cu tto_c c +� C aJ C tC 0 c CU cam, .c CL)� CO +' 0 E CO c ., C C � � d 0 >., �--� C ro c aJ O (s 0 v 4- d a) N OJ 0 0 0 Cdr) aJ 1:1-) i1) CO CO OJ L 0 ro 4-0 c U 0 3 aJ t]A CO aJ • ITU OJ 4-1 aJ U 0 c LE CO aJ roaJ H N CO L 0 l) U CI) 4- N U • N a 3- 3- CO OJ E v 0 E 4- 0 0 L 4--+ N 0 U aJ 4--1 420 r0 13 4_1C C4 �^ C6 '> -o v co 03 a) -c 4_j W C' cum E E § aJ 0 L N to cu U 4- ro 4- t3C 0) N ro L N 4-1 Q� SD- ro r0 t}o a) L c 0 co 175 v E 0 U OJ L 4- 0 (. . • . . • • Comments -0 a s 0 +, c to to Lf) C cw C 0 ° C) O '47.0 ca toxo co Q r6 co Ln IA C 4- °_ C - ecu .. •— 0 -a 0 CO 1Z U L Q -0 L C CP - a) aJ a) ° CDim 2 0 -0 -0 Cao' 0_ I.4 C C s C i Lil [o 0 if) a) co }'-0\ 0 0 C 03 i U M CO b.0 1_ A L J L t"o L C — vsa E cu CU `a LCL E VI) / L1 2© a) V 0 cn E U q3 bA V a) , o C C R3 C C a} v co I- E k_ oi cu co a) V E 0_ R3 j, C r0 a1""'--' v► — aJ awl a) 0_ co 0 > L, u. v la 0 CCL M cn a) c/] C a--, GA E H _0ra — c L 0 co +.,+� w a..' 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H C 1- M M aJ o Q bQ -a C 47 '- co _o acs a J QJ 'RI t76 by i1� L C S/] O.0 C o 0 O O v x c 2 cu LiEs 's�° 0 -o i+ -- J 7.O 0 L � � L 0 C fO ) c te(1)•`-' o aJ CD -C o'w co >O LcT aJ N] .� -a • y u c > c 0_ -D 0) a O-0 u r w o <lJ o aJ O C O.o '> O L — X 0 C +.+ aJ CU O }'G 4- 0 o (10 LL c 0) > C u 5 = Q..o L Lf) a1 o_1- u o ar as r COLORADO GEOLOGICAL SURVEY --serving the people of Colorado Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 November 14, 2012 Mr. Glenn Hartmann Garfield County Planning 108 8th Street Glenwood Springs, CO 81601 ghartmann(c garfield-county.com Re: Pioneer Point Subdivision, CGS GA -13-0003_1 Dear Mr. Hartmann: COLORADO DEPARTMENT OF NATURAL RESOURCES Thank you for submittal of plans for the above referenced proposal. The proposal is to subdivide 6.7 acres into three lots. Each lot will be served by individual septic systems. Lots 1 and 3 are already developed. The site is located on a steep hillside where slopes approach or exceed 30 percent. As noted in the geologic report hazard, potential hazards include rockfall, sinkholes, and landslides. Other soil constraints may also be present Landslide and collapse debris deposits are located immediately adjacent to the site and formed in very similar conditions to those found within the proposed subdivision. The collapse debris was formed in response to vertical collapse resulting from dissolution of underlying thick beds of evaporfte. Sinkholes can commonly form under such conditions. Bedrock is mantled by colluvium. Colluvial materials range from sandy silt to large boulders. These areas are prone to sheetwash, rockfall, small debris flows, mudflows, and landslides. Fine-grained, low-density colluvium may be prone to hydrocompaction, piping, and settlement. Excavation into colluvium may be difficult where it contains Targe boulders. If the subdivision is approved, new development on any of the lots must be done carefully. Rockfall, sinkholes or landslides could impact the proposed subdivision, the county road, or adjacent properties. CGS recommends the following: • Soil constraints such as collapsible and expansive soil may be present in parts of the site. Prior to issuance of building permits, a site-specific soils and foundation investigation should be required, • To the extent possible, driveways, homes, septic systems and accessory structures should be located on slopes with gradients of less than 30 percent and disturbed areas should be minimized. November 14, 2012 Mr. Glenn Hartmann Page 2 • Grading plans should be required and reviewed before any site disturbance is allowed. Slope stability analyses should be required If deep cuts or fills are proposed or if any grading occurs on slopes that approach 30% or greater. Depending on proposed grading, boulders may be exposed and rockfall mitigation may be needed. • As noted in the geologic hazard report, good drainage is required in order to reduce the risk of excessive settlement or sinkholes. Please contact me if you have any questions or concerns. I can be reached at 303.866.2611 ext. 8315 or by email at karen.berry@state.co.us. Sincerely, Karen A. Berry Geological Engineer, PG, AICP, CPESC-SWQ 2 Garfield Cour Vegetation Management Glenn Hartmann Garfield County Building & Planning Department EXHIBIT J November 19, 2012 RE: Pioneer Point Subdivision Dear Glenn, Thanks for the opportunity to comment the Eshelman Pioneer Point subdivision. Mapping and an inventory of county and state listed noxious weeds hasn't been addressed in this application. The application contains a September 7, 2010 letter from this office that refers to materials submitted by Roger Eshelman to our office. 1 contacted Mr. Eshelman by phone and he submitted an updated map of areas on the parcel that he has treated since 2010. I have attached Mr. Eshelman's 2010 note regarding noxious weeds and his 2012 treatment map. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-625-1091 x 4305 Fax: 970-625-5939 11/1912012 10:IO FAX cc z3v�//rte' i,�. P Nr q(0s9.$tw • • ) ASPHALT ;:. NIL) 'a, g4t.'t '2.1 3 lcry �- ros i& z P7 \o0T9 z / 88-52'30" E ' :99 21',97' 169.98 i 001 0T 3 92,2. 2.117• acres* • 4I3,),. .61 • ti EXIST sEPnc TAM 2D' oSE[� ` . uTIL1, Tr ESMT• .� r. LEEXAI f GER i 5 T,`., FENCE` EXIST. HOUSE 5 87'3 30" E 270.111' ROAR AND CAP LS 04111 (FND.) APN MICHAEL L. 393 C #19,414id 0/1/14(4W 23? ioD. 92.LYS - -----; . )&0- A .7// /Ion% 40e Yet: 616ZrafailferA. 0"+ ,iP) A "awes 6c . *OZ.S { 2, /.4) ReetiraliOtowIAttig,..1 3, ' ccs+ c - r 4.,ew f.alia4_ 1J Id _i�/ccc3' 2s54/ Glenn Hartmann From: Ferah Jaura Sent: Tuesday, November 06, 2012 10:26 AM To: Glenn Hartmann Subject: SPPA-7391 Good Morning Glenn: I hope you're doing well. Here are some points that I wanted to share with you regarding the Pioneer Point Subdivision: • I am in agreement with the engineering firm recommendations to develop drainage plans to divert flows away from structures to avoid "moist" conditions inside the home, allowing for a potential for mold growth. • Will there be any construction traffic issues and how will they manage these? • Are the existing 2 ISDS's in good working order and will there be a need for a preliminary plan for the 3rd ISDS for Lot 1? • Will there be a preliminary shared well agreement? • I know that there is an excerpt stating that the property owner (nearest to the well) will not engage in land use activities that may harm the well and water quality, but how will this be handled? • The current well capacity and water quality application states water usage at 550 gallons/day based on a 3.0 person residence o How long ago was a pump/flow test conducted to ensure that this well meets the minimum flow standards? o How old are these measurements? Hope this helps. Please let me know if you have any questions. Thank you for giving me the opportunity to review and comment. Have a great day! Best Regards, Ferah. Jaura, REHS Environmental Health Specialist II Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 Phone: 970-625-5200 Ext. 8123 fjaura(&,,garfield-countv.com 1 Glenn Hartmann From: Michael Prehm Sent: Monday, November 05, 2012 8:59 AM To: Glenn Hartmann Subject: Pioneer Point Subdivision Glenn, I met with Mr. Hogans last September on bringing his up to standards. To meet R & B Standards it would need to have a 3% maximum grade for the first 30 feet. This would only compound his driveway making it steeper. His driveway is 90 degrees to the road, but very steep. We agreed that an apron the width of driveway & 10' in depth and 4'" thick with a V pan to prevent rum off from reaching the County Road would work best. If the driveway was to be altered to meet standards it would not make sense. Mr. Hogan obtained a Driveway Permit at that time and I would honor it until the apron in constructed. The Eshelman driveway is at a sharp angle to the County Road. It also would not practical to alter it much. I would recommend that the Eshelmans obtain a driveway permit from Road & Bridge and bring it up to standards. A V pan apron be recommended for this driveway. After reviewing the application and doing a site visit, I realize it would not be practical to hold both driveways to meet "Road & Bridge Standards". Sight distance is ok but minimal A car has to pull out a bit to see both ways, and because it serves more than one resident, stop signs would be recommended. A reminder that snowplowing from driveways are to be pushed up the driveway not out into the County Road. If gates are to be installed please allow room to pull off of roadway safely and gates are not to be installed on County right of way, Any questions please ask. Mike (970) 945-1223 office (970) 945-1318 Fax FIRE • EMS • RESCUE November 9, 2012 Glenn Hartmann Garfield County Building & Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Eshelman, Pioneer Point Subdivision Dear Glen: 1 EXHIBIT I have reviewed the application for the proposed Pioneer Point Subdivision. I have previously met with the applicant and my comments are included in the submittal. I have no additional issues with the proposal. The newly created lot is subject to development impact fees adopted by the District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is $730.00 per unit. Please contact me if you have any questions or if I can be of any assistance. Sincere); Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 COLORADO PARKS & WILDLIFE 0088 Wildlife Way • Glenwood Springs, Colorado 81601 Phone (970) 947-2920 • FAX (970) 947-2936 wiidlife.state.co.us • parks.state.co.us November 13, 2012 Glenn Hartmann Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Pioneer Point Subdivision -- SPPA 7391 Dear Mr. Hartmann: EXHIBIT Colorado Parks and Wildlife (CPW) has reviewed the preliminary plan documents for the Pioneer Point Subdivision project located at 7378 Garfield County Road 100, Carbondale, Colorado 81623. CPW staff has visited the site and have the following comments with respect to wildlife. The vegetation on the site is comprised primarily of pinon-juniper woodland and sagebrush plant species. Various grasses and mountain shrubs associated with these plant communities are also present. This habitat type will sustain numerous wildlife species including mule deer, elk, wild turkey, coyote, red fox, bobcat, Abert's squirrel, black bear, mountain lion, and numerous small mammals. Raptors, such as red-tailed hawks, American kestrels and golden eagles, may utilize the pinon-juniper habitat for hunting. Other songbirds may also be found in the area but no known threatened or endangered species or state recognized species of concern are currently known to be nesting in the area. The proposed project encompasses 6 — 7 total acres which includes three proposed 2+ acre home site parcels. The project lists the existing road onto the property as the continued access point. CPW supports the use of existing roads and recommends minimizing motorized access as much as possible, especially during winter months when deer and elk will be using the area as winter range. The proposed 2+ acre lots are spacially better for wildlife than smaller lots however; additional buildings and increased disturbance from an additional home will still impact wildlife use of the property and surrounding areas. The proposed project is located in documented elk winter range, elk winter concentration area and severe elk winter range. CPW designates elk winter range as areas where 90 percent of the individuals are located during the winter (five of ten years). Winter concentration areas are areas within a species' winter range where individual densities are at least 200 percent greater than surrounding winter range. Severe winter range is where 90 percent of the individuals are located when annual snow pack is at its maximum STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Penicone • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Met Members: Mike King and John Salazar and/or temperatures are at a minimum in the two worst winters out of ten. CPW takes interest in the proposed project because winter range, winter concentration areas and severe winter range are critical areas of habitat for a species. These areas provide needed forage, cover from predators and retreat from stressors during the period of the year when the animals are most vulnerable. Recent visits to the site have shown elk to be actively using the property and surrounding properties as both winter range and winter concentration area. Elk sign in the area is significant with heavy browsing of the shrubs and scat abundant. Few habitats in the area meet the suitable requirements for elk winter range, winter concentration areas and severe winter range. In recent years CPW has observed the loss of such habitats in the Missouri Heights and Spring Valley areas through development. Impacts to wildlife will occur in two ways. Direct loss of habitat will occur through removal or manipulation of vegetation used as forage, shelter or cover from predators. Wildlife will not be able to adapt to areas of direct habitat Loss. Indirect habitat loss will be suffered through the effects of increased human related activity and the construction of movement barriers such as fences or walls. Wildlife may demonstrate limited resilience or adaptation to the impacts of habitat loss however reduction in native vegetation and introduced human activity will result in stressors that will negatively wildlife. The proposed development will result in increased vehicle traffic, noise pollution, overall human presence and other related stressors throughout the area and will likely affect the surrounding areas of critical habitat not explicitly encompassed within the project boundaries. The following is a list of general recommendations that CPW would like to be taken into consideration with this proposed development to avoid conflicts with wildlife. Pets: Pets should not be allowed to roam free, especially dogs. CPW recommends that dogs be leashed or kenneled at all times to prevent the illegal chasing and harassment of wildlife. In areas such as this where mountain lions are a concern, the kennel should include a top panel to prevent access to the kennel by the lion. Dogs and cats chase or prey on various wildlife species. One benefit to keeping animals under control is that they are less likely to become prey for mountain lions, coyotes, bobcats, foxes or raptors. Pets should not be fed outside and pet food should be stored in an enclosed area. CPW recognizes that in the proposed Pioneer Point covenants dogs are limited to two per household. Trash: Trash should be kept inside a secure enclosure until the morning of trash pickup. Bears, skunks and raccoons are attracted to garbage and do become habituated. Individual bear - proof trash receptacles can be used by homeowners to assist in mitigating these conflicts. STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildfife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris ■ Tim Glenn, Chair. Alan Jones • Bill Kane • Gaspar Perrtcone • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex officio Members: Mike King and John Salazar Feeding Wildlife: Feeding of all wildlife should be prohibited, with the exception of songbirds. Suet and hummingbird feeders are particularly attractive to skunks, raccoons and bears and their use should be discouraged or, if used, should be brought inside each night. It is illegal to feed big game animals including deer, elk, bear and lions as well as foxes and coyotes. Fencing: Woven wire or chain-link fences should only be used in areas where total wildlife exclusion is desired (i.e. around the immediate domicile or to protect trees and shrubs). Other perimeter and lot fencing should be prohibited where possible. Should perimeter fencing be required, recommended fencing should be no higher than 42 inches in height to allow adult animals to jump the fences without becoming entangled in the top wire. A 16 inch gap should exist between the bottom wire and the ground to allow juvenile animals to pass under the fence. The use of ornamental fencing with sharp vertical points or projections extending beyond the top rail should be strongly discouraged. CPW notes that fencing specifications are denoted in the proposed Pioneer Point covenants and supports the prohibition of new barbed wire fencing. Thank you for the opportunity to comment on this preliminary plan. If you have any questions or require additional information please contact District Wildlife Manager Matt Yamashita at 970-947-2931 or via e-mail matt.yamashita@state.co.us. Sincerely, Perry Will Area Wildlife Manager STATE OF COLORADO John W. Hickeniooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables. Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair• Chris Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Penicone . Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar MOUNT ENGINEE Civil and Ertvironrrientad Consulting and Design November 14, ?01 T'Ir. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 4411 Glenwood Springs, CO 8160 RE: Review of Preliminary Plan for Pioneer Point Subdivision: SPPA-7391 Dear Glenn: This office has perforn ted {t review of the documents provided for the Preliminary Plata Application .of Pioneer Point Subdivision. The submittal wa-5 found to be thorough and well ti rt? 7nized. The following, cottimei is weregenerated: The traffic analysis did not include any inforc-iatiort on the traffic on the adjacent C'oianty; road. The Applicant should provide that information. 1. The .Applicant proposes to have an driveway grade. This nmaximum driveway grade allowed in the County is 3. The ,applicant provides a :steep driveway grade with no stopping or standing areas adjacent to the intersection with the County road. The Applicant should consider if the residents of Lot 1 will be able to stop with snowy conditions bediire sliding into the County Road. 4. The proposed Covenants seeru to allow .AD1.is on the proposed three [oto. However the well is only permitted d 1 r three sin 1e family residences, The 'applicant will need to obtain additional ,,v leer rights if they intend to also allow ADUs on the three proposed lots, The proposed Covenants state that there are no envelopes hitt shouki be revised to state that there are County setback requirements. (.). The well permit has a maximum allowed irrigation square footage. The allowed irrigated area should be split between the three proposed leafs to t onfornn to the well pertnil and included in the Covenants. The water quality testing showed high waiter hardness. This information should be disclosed in the Well Agreement and that water softeners niay be necessary. g. The Applicant proposes to pass on the construction and associated costs for the improvernems to the future Owners of Lot 1; improvements such as the water system, fire storage, driveway, etc. The precedence requires that improvements be constructed by the developer and not have that the purchaser be required to construct the impravettiettts_ The Applicant will need to construct all the proposed utilities and access to Lot 1. Feel free to call if you have any question s or coantnents, • Sincerely, Mahn -n Cross Engineer Jing, Inc. Chris Hale. PI 826 % Grand Avenue; Glenwood Sprfngs, CO 81601 P: 970.945.5544 F: 970.945.5558 u..+nnv.mountaincrnss-ertcg.com Glenn Hartmann From: Dan Dennison [DDennison@hceng.com] Sent: Friday, September 28, 2012 4:33 PM To: Glenn Hartmann Cc: rbeshelman@gmail.com Subject: Lot 1 Pioneer Point Slope Analysis Attachments: slopeanalysislot1.pdf Glen, 1 EXHIBIT P Attached is a pdf of the slopes on Lot 1 Pioneer Point. The darker grey hatch reflects the areas under 30% slope. The lighter grey hatch reflects the areas over 30% slope, The slope analysis shows that 50.7% of the lot is less than 30% and 49.3% of the lot is over 30% slope. Let me know if you need any more detail. Dan Dennison High Country Engineering, Inc. 1517 Blake Avenue Glenwood Springs, CO 81601 Ph: (970) 945-8676 Fx: (970) 945-2555 Email: ddennison@hceng.com NOTICE: Use of this electronic media by anyone other than High Country Engineering, Inc. shall be at the sole risk of such user and without liability or legal exposure to High Country Engineering, Inc. By saving these file(s), the user accepts responsibility for this electronic media. 1 1 KERST & STRAUTMAN P.C. ATTORNEYS A PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAN KERST clan @ ke rststrau tma n.com CAROLYN M. STRAUTMAN carolyer@kerststrautman.com Glenn Hartmann, Senior Planner Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 October 22, 2012 Re: Pioneer Point Subdivision Our File# 14212 Dear Glenn: (Via Email) EXHIBIT 1 () KELLY CAVE kelly@kerststrautman.com PARALEGAL ELISABETH GETZEN egetzen@kerststrautman.com I am writing on behalf of my client, Roger Eshelman, in regards to his application for the Pioneer Point Subdivision (the "Subdivision"). Lot 1 of the Subdivision is not developed at this time. The road access from County Road 100 and water line from the well on Lot 3 have not been completed. My client wishes to have the future owner of Lot 1 install the water line to Lot 1 and finish the road access from. County Road 100. Mr. Eshelman intends to make these improvement requirements a condition of the sale of Lot 1. Therefore, Mr. Eshelman is requesting a waiver from the Board of County Commissioners of the completion of the road access and water line to Lot 1 until such time that Lot 1 is sold to a third party. The proposed restrictions on the sale of Lot 1 are attached for your review. Please contact me if you wish to discuss this further. Yours very truly, K xc: Roger Eshelman (via email) Dan Dennison (via email) 0 V:&SE feLnmPL¢ Hartmann dote LY Proposed Conditions of Sale for Lot 1. Pioneer Point Subdivision The following conditions shall be completed by the next successive owner of Lot 1, Pioneer Point Subdivision: 1. Installation of the access road from the switchback on the neighboring Hogan property switchback to Lot I (approximately 180 feet) and to Lot 1's building envelope. Said installation shall include a culvert above the switchback and shall be in compliance with the Road Use, Utility and Maintenance Agreement executed by and between Roger B. Eshelman and Amelia S. Eshelman and Ann V. Hogan dated October 9, 2012. The owner of Lot 3 may complete said road work at any time prior to the sale of Lot 1 to a third party. 2. Installation of the water line from curbstop located on Lot 2 in the Easement as depicted on the plat for the Pioneer Point Subdivision Plat recorded as Reception No. in the records of the Garfield County Clerk and Recorder in accordance with the Common Well Covenants for the Pioneer Point Subdivision dated , 2012. Said work on Lot 2 shall be completed within seven (7) days and the surface of the land shall be restored to its original or better condition with all excess rocks and dirt removed to the satisfaction of the owner of Lot 2. The owner of Lot 3 may complete said waterline work at any time prior to the sale of Lot 1 to a third party. 1u/G4/Lu,IC i3:3.7 raA AMENDMENT TO AGREEMENT Tis AMENDMENT TO AGREEMENT (the "Amendment") is made this e''" day of 0f , 2012, by Roger B. Eshelman and Amelia S. Eshelman (collectively "Eshelman"), whose address is 7378 County Road 100, Carbondale, Colorado 81623, and Ann. V. Hogan ("Hogan")., whose address is 7330 County Road 100, Carbondale, Colorado 81623. ooi RECI'CALS A. Eshelman is the owner of Parcel No. 2391-181-00-027 of the Garfield County Assessor's records also known as 7378 County Road 100, Carbondale, Colorado 81623 ("Eshelman Parcel"). Eshelman is currently in the process of subdividing the Eshelman Parcel into three (3) lots as the Pioneer Point Subdivision. B. Hogan is the owner of Parcel Number 2391-181-00-026 of the Garfield County Assessor's records also known as 7330 County Road 100, Carbondale, Colorado 81623 ("Hogan Parcel"). C. The parties previously executed an October 10, 2003,.recorded as Reception No. 638444 in the records of the Garfield County Clerk and Recorder's office (the "Agreement"). D. The parties wish to amend the Agreement in accordance with the following terms and conditions. AGREEMENT In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman and Hogan hereby grant and agree as follows: 1. Deletion of Paragraph 5 of the Agreement. Paragraph 5 of the Agreement is hereby deleted in its entirety. No building envelopes shall be enforced on the Eshelman Parcel. 2. Restatement of Paragraph 7 of the Aker tr nt. Paragraph 7 of the Agreement is hereby amended and restated in its entirety as follows: 7. gvcnants Run With Land, The agreements, covenants, restrictions, conditions, easements, and obligations herein contained shall be covenants that run with the land and shall be binding on ail persons having or acquiring any right, title, or interest in the Eshelman Parcel and the 1iogan Parcel. 3. Ratification. Except as provided herein, all provisions of the Agreement shall remain unaltered and are hereby ratified and reaffirmed. Page 1 of 2 1U/2 ZU11 15:56 FAA SIGNED this day of Ott , 20 f 2 -- STATE OF COLORADO ) COUNTY OF GARFIELD ) S5. (2,v -vu Ann V. Hogan I' . Eshelman _ J J- _Atli Amelia S. Eshelman The foregoing instrument was acknowledged before me this dbgr , 2012, by Ann V. Hogan. Witness my hand and official seal. My commission expires: 124 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this /0 day of 2012, by Roger B. Eshelman and Aurelian S. Eshelman. -741 day of Notary Public Witness my hand and official seal. My commission expires: 06 --°41-7716//3 Notary Public 1U/22/ZU1X 15:543 FAA X003 ROAD USE, UTILITY ANI) MAINTENANCE AGREEMENT This ROAD USE, UTILITY 4ND MAINTENANCE AGREEMENT (the "Agreement") is made this q 4& day of Cif , 20 , by Roger B. Eshelman and Ameba S. Eshelman (collectively "Eshelman"), whose address is 7378 County Road 100, Carbondale, Colorado 81623, and Ann V. Hogan ("Hogan"), whose address is 7330 County Road 100, Carbondale, Colorado 81623. RECITALS A. Eshelman is the owner of that real property described as Lot 1 of the Pioneer Point Subdivision Plat recorded , 2012 as Reception No. — in the records of the Clerk and Recorder of Garfield County ("Lot 1"). S. Hogan is the owner of Parcel Number 2391-181-00-026 of the Garfield County Assessor's records also known as 7330 County Road 100, Carbondale, Colorado 81623 ("Hogan Parcel"). C. The parties previously executed a Road Sharing Agreement dated September 4, 2008, and the parties wish to amend and restate said Road Sharing Agreement in its entirety. D. By this Agreement, Hogan desires to provide for the access to Lot 1 via a shared roadway as shown on the attached Exhibit A incorporated herein by this reference and impose on Lot 1 and the Hogan Parcel, as covenants running with the land, the obligations to maintain the shared roadway as described herein. AGREEMENT In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman and Hogan hereby grant and agree as follows: 1. Easements. Hogan hereby dedicates and ratifies to the Owner(s) of Lot I perpetual, non-exclusive easements as follows: (a) An easement for access and utility purposes upon, over and across the thirty (30) feet in width Access & Utility Easement from County Road 100 to Lots 1 as depicted on Exhibit A (the "Shared Roadway") for the use benefit and enjoyment of the Owners of Lot 1 and the Hogan Parcel, their successors, assigns, agents, employees, tenants, guests and invitees, for private access roadway and utility purposes. The rights granted herein shall include the right to maintain said Shared Roadway as provided herein, and to transport on and over the Shared Roadway vehicles, materials, equipment, and other property as reasonably related to the exclusive uses conveyed hereby. All maintenance, repair and additional costs as provided for in this Agreement, shall be paid for equally by the Owners of Lot i and the Hogan Parcel for that portion of the Shared Roadway mutually utilized for access to said Owner's property. All costs of snow removal sufficient to allow access via four wheel drive vehicles over and across the Page 1 of 5 LU/LL/LULL la:au IAA 4004 Shared Road by police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, shall be equally paid by the Owners of Lot 1 and the Hogan Parcel. Use of the Shared Road shall be restricted to access to and from Lot 1 and the Hogan Parcel. The Shared Road may not be used for the parking or storage of vehicles or equipment. Either Owner of Lot I or the Hogan Parcel may install a gate at the intersection of the Shared Roadway and County Road 100. If both parties desire such a gate, the parties shall equally pay for all costs of installation and maintenance of same. If only one party desires such a gate, the requesting party shall pay all costs associated with the gate and provide a key to the other Owner to guarantee access in accordance with this Agreement. No additional gate or other obstruction shall be constructed on the Shared Road without unanimous approval of the Owners of Lot 1 and the Hogan Parcel. No switchback shall he installed on the Hogan Parcel. All expenses, maintenance, snow removal and construction fees association with the Shared Roadway south of the existing driveway to the Hogan Parcel shall be the sole responsibility of the Owner of Lot 1. Nothing in this Agreement shall be construed to obligate any party to pay any costs associated with non -shared structures. (b) An easement for the construction, improvement, maintenance, repair and replacement of the Shared Road south of the Hogan Parcel's existing driveway and adjacent to the Shared Road and under the surface of the Hogan Parcel in the location depicted on Exhibit "A" attached hereto (the "Construction Easement") for the use benefit and enjoyment of the Owners of Lot 1, their successors, assigns, agents, employees, tenants, guests and invitees. The Construction Easement includes up to twenty-five (25) feet below the existing grade of the Hogan Parcel Property within the Construction Easement. In connection with the Owner of Lot 1's use of the Construction Easement, the Owner of Lot 1 shall have the right to temporarily disturb the real property located in the Construction Easement; provided, however that any damage or disturbance to the Construction Easement caused by the Owner of Lot l shall be promptly repaired and restored by the Owner of Lot 1, at no cost to the Owner of the Hogan Parcel, to the fullest extent reasonably possible to its pre- existing condition upon completion of the construction, improvement, maintenance, repair, replacement, and if deemed necessary by the Owner of Lot I, the removal of the Shared Roadway south of the existing driveway to the Hogan Parcel. The Owner of Lot 1 shall use its best efforts to save the existing ninon tree located at the entrance to the existing driveway to the Hogan Parcel. 2. Enforcement. The Owners of Lot 1 and the Hogan Parcel agree to cooperate in the future maintenance, operation, repair, replacement and/or improvement of the Shared Road. In the event the Owners are unable to agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the Shared Road, specifically including paving. In the event an Owner determines to undertake such minimal work unilaterally, such Owner shall notify the other Owner in writing- The Owner undertaking the minimal work shall, upon completion, provide the other Owner with a written statement of work performed and the other Owner's proportionate share of the cost of same. Notwithstanding Page 2 of 5 lU/ gC/ LU1 1J:.7r t`&& the foregoing, either party may unilaterally install and pay for paving the Shared Roadway at said parties sole cost. 3. Payment of Expenses. All expenses to be paid by the Owner of Lot 1 or the Hogan Parcel hereunder shall be paid within thirty (30) days after such Owner receives notice of such expense. if an Owner fails to pay such Owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1 %) per month, compounded monthly, commencing at the end of the thirty (30) day period when such payment is due. If the non-paying Owner fails to pay any amount due hereunder within sixty (60) days after the date due, another Owner who has paid such expense may exercise such legal or equitable remedies as arc available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 4. Covenants Run With Land. The agreements, covenants, restrictions, conditions, casements, and obligations herein contained shall be covenants that run with the land and shall be binding on all persons having or acquiring any right, title, or interest in the above-described Lot 1 and the Hogan Parcel. 5. Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect until amended or terminated by written instrument executed by the Owner(s) of the Lot 1 and the Hogan. Parcel. 6. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the Owner or Owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 7. Multiple Owners/Successors. Any reference in this Agreement to an Owner of Lot 1 or the Hogan Parcel shall be deemed to include all Owners of such real property, collectively, and shall also refer to all successors of such Owner or Owners, 8. Indemnities. Each of the parties hereto as Owner of Lot 1 and the Hogan Parcel described herein, and their respective heirs, successors and assigns (the "Indemnifying Owner") agrees to protect, indemnify and hold harmless the other party, and their respective successors and assigns (the "indemnified Owner"), from and against any loss, damage, claire or defense, against any and all suits, claims, demands, expenses, losses, liabilities or damage of any kind or nature, including, without limitation, reasonable attorneys' fees and costs, arising directly or indirectly out of any claim of third parties asserted against the indemnified Owner: (i) attributable to any conduct of the indemnifying Owner; (ii) relating to the use of the respective Shared Road by the Indemnifying Owner and its invitees and guests, whether authorized or not authorized; (iii) for claims due to personal injuries or property damage caused by the indemnifying Owner and its invitees and guests; or (iv) due to mechanic's liens created by conduct or acts of the Indemnifying Owner. 9. Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 10. Not a Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the property subject to or benefiting from it to or for the Page3 of lU/ LL/ L(f1L 1008 general public or for any public purpose whatsoever, including, but not limited to, dedication as a public street. 11. Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement, and there shall be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. SIGNED this 'Pk- day of 0 Q 20 1 . STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was WOW- , 2012, by Ann V. Hogan. Witness my hand and off 1 1 My commission expires: [Gla ea . Ann V. Hogan acknowledged before me this day of Page 4 of 5 1U/22/ZUIZ iA3 411007 STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 1� 0 day of (91Z1-- , 2012, by Roger B. Eshelman and Ameliarr S. Eshelman. Witness my hand and official seal. My commission expires: 06-0 _ za/3 Notary Public Page 5 of 5 tu/azf Zu1L 10.:b6 FAA Zoos EXHIBIT A ACCESS - UTILITY AND CONSTRUCTION EASEMENT NE 1 J4 OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GAR FOLD, STATE OF COLORADO S50'33.58'W 15.64' = 88'45'14" R = 40.00' L = 61.98' CB– S89'24'02"W C-55.95' N 46'13'23"W 14.115" A = 05'32'31" R 200.00' L = 19.35' C8= 547'47'43"W C 19.34' A e 08'41'37" R – 200.00' L 30.35' CB= N41'52'34114 C – 30.32' •)•- I I 1 d\ HOGAN PARCEL BOOK 1528 PAGE 609 POINT OF' TERMINUS (NE CORNER SECTION 18 BEARS: N53'09'51'E 2646.96') cte- s 30' ACCESS & UTILITY EASfMENT = OB -21'00- R = 200 00' 8'21'00"R=200.00' L = 29.15' CB= N41'42'16'W C – 29.12' 04'42'31" R = 200.00' L = 16.44' cB= N43 -31'31"W C = 16.43' •• • PROPERTY 3�.a6 -----N-851-2'35"E 230.51' POINT OF BEGINNING (NE CORNER SFCTION 18 BEARS: N44'49'O1"E 2568.23') ESHELMAN PARCEL BOOK 1528 PAGE 609 X37.26 HIGH COUNTRY ENGINEERING, INC. 1Si7BLAKE AVENUE. IITE 101 pL ENWWQUU SPIUNfiS,. CO 81691 PHONix((701945407a FAX 01701 www.xeU4c.cra►1 ROGER ESHELMAN GARFIt D COMITY. CO HOGAN/ESHELMAN ACCESS -UTILITY & caN6TRUC"1'IONMENT aRnWN ®r RPK CFECKLB BY: FWH DATE: SCALE: SCALE: $0, FRPiECT NO 2001070.DWO &22.12 p E: 1 OF 2 FELE: J1/607' oJl20S/ 1 cgo/owaiow-c+MTJrAG 1u/2L/Cult la:a5 YAA IQ 009 EXHIBIT A ACCESS - UTILITY AND CONSTRUCTION EASEMENT NEI /4 OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE QF COLORADO ACCESS AND UTILITY EASFMFNT A 30 FOOT WIDE STRIP OF LAND SITUATED IN THE W1/2NE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAI0 STRIP OF LAND LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18, A 2 -1/4." BRASS CAP !N PLACE; THENCE 544'49'01"W A DISTANCE OF 2568.23 FEEI TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF TIlL GARFIELD COUNTY CLERK AND RECORDER'S OFFICE THEPOINT OF 13EGINN113S; 11-1ENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID EASEMENT N41'1D`15' W A DISTANCE OF 33.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04'42351", A DISTANCE OF 16.44 FEET (CHORD BEARS:N43"31'31"W A DISTANCE OF 16.43 FEET): THENCE CONTINUING ALONG SAID CENTERLINE N45'52'46"W A DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200-00 FEET AND A CENTRAL ANGLE. OF 08'21'00", A DISTANCE OF 29.55 FEET (CHORD BEARS: N41.42'16"W A DISTANCE OF 29.12 rEET):THENCE CONTINUING ALONG SAID CENTERLINE N37'31'46"W A DISTANCE OF 141.68 FEET; TI FENCE CONTINUING ALONG SAID CENTERt.INE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08'41'37, A DIS I ANCE OF 30.35 FEET (CHORD BEARS: N41'52'34"W A DISTANCE or 30.32 FEET), THENCE CONTINUING ALONG SAID CENTERLINE N4613'23"W R DISTANCE OF 14.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE. TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 88'45'10", A DISTANCF OF 61.96 FEET (CHORD 9EARS:S89'24'02"W A DISTANCE OF 55-05 FEET); THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 05'32'31", A DISTANCE OF 19.35 FEET (CHORD BEARS: s47'47'43"W A DISTANCE OF 19 34 FEET): THENCE. CONTINUING ALONG SAID CENTERLINE 550'33'58"W A DISTANCE OF 15.64 FEET TO A POINT ON THE EASTERLY RIGHT—OF—WAY OF COON i Y ROAD 100 THE POINT OF T INUS,, (WHENCE THE NORTHEAS1 CORNER OF SAID SECTION 18 BEARS N53'09'51"E A DISTANCE OF 2646.911 FEET); SAID STRIP OF LAND CONTAINING 13,22 SQUARE FEET OR 0.304 ACRES, MORE CR LESS. HIGH COUNTRY ENGINEERING, INC, 1617 MAKE AVIDIUE. aTE 101 RLL,NWOOD SPRINGS, CO 81 eel PHONX1197910464usie FAX 0701114E4555 WW W.HCE'$4.CQN ROGER ESHEI MAN GARFIELO COUNIV. CQ HOGAN/ESHELMAN AOCE95"LTT1LfTY CON6TRUCT1OH FAAIE IE T DRAWN FIV: RPK CHECKED BY: FWI-f N/A PROJECT NO: 2061 O70.dW0 D.1 E.: B-22-1 2 2 ( 2 e6L,E: J:lmsnc .,Q)/2DE/1O'JW /OW€9 own GREG & CARLA PRONTO EXHIBIT d 5 145 VISTA DRIVE, GLENNWOOD SPRINGS, COLORADO 81601 Ph: 971- . . November 20, 2012 Garfield County Planning and Zoning Commission Garfield County Board of County Commisioners 109 8th Street Glenwood Springs, Colorado 81601 RE: Pioneer Point Subdivision To Whom It May Concern: My wife and I would like to offer our support in favor of the Pioneer Point Subdivision being established and all necessary. approvals be granted to this plan. We have been residents of Glenwood Springs for 30 ± years and have known Roger and Amelia Eshelman for approximately 20 years. We believe Roger to be a forthright person who will benefit the subdivision which he wants to establish. Sincerely, Gregrey A. Pronto Carla A. Pronto UPDATED 11/28/12 - NEW ITEMS SHOWN IN BOLD Garfield County Planning Commission — Public Hearing Exhibits Pioneer Point Subdivision Preliminary Pla Roger and Amelia Esh' November (File SPR n -+■ ►ialAl iLSe Exhibit Letter (A to Z) Exhibit Description -." A Proof of Publication B Return Receipts from Mailing Notice C Photo evidence of Public Notice Posting D Garfield County Unified Land Use Resolution of 2008, as amended E Garfield County Comprehensive Plan of 2030 F Application G Staff Report H Staff Presentation I Referral Comments from the Colorado Geological Survey J Referral Comments County Vegetation Manager K Referral Comments from County Environmental Health Department L Referral Comments from County Road and Bridge M Referral Comments from Carbondale Fire Protection District N Referral Comments from Colorado Parks and Wildlife 0 Referral Comments from County Consulting Engineer, Chris Hale P Applicant's Supplemental Slope Analysis for Lot 1 Q Applicant's Subdivision Improvements Deferral Request from Kelly Cave, Applicant's Attorney R Amended Roadway Agreements 5 Public Comments from Gregory and Carla Pronto T Applicant Road Waiver Responses (dated 11126112) U Public Comments from Daniel and Ann Hogan V Public Comments from Diann Kroeger W High Country Engineering Report on Water Line and Driveway Apron Installations (dated 11/27/12) X Photographic Documentation of Utility Installation (Roger Eshelman) Y ISDS Design Memo Requesting Relief from Engineering Requirement, from High Country Engineering (11/27/12) Z Traffic Update Memo from High Country Engineering (11/27/12) UPDATED 11/28/12 - NEW ITEMS SHOWN IN BOLD AA High Country Engineering Memo on Hogan/Lot 1 Driveway Grades BB Planning Staff Edited Draft Conditions CC DD EE FF GG HH 11 JJ KK LL MM NN 00 PP QQ RR SS TT UU VIA WIN XX YY ZZ Tom Scott From: Roger B. Eshelman [rbeshelman©gmaiLcomj Sent: Monday, November 26, 2012 1:48 PM To: Roger B. Eshelman; Tom Scott; Dan Dennison Subject: Pioneer point subdivision Road standard waiver request responses. 1. Garfield County indicated support for repurposing Hogan driveway instead of adding a new access point. 2. A referral letter from the Colorado Department of wildlife also support no new access point. 3.A referral letter from Garfield County Road and Bridge department head Mike Prem also supports a waiver from roads standards on both the Eshelman driveway and the Hogan driveway saying it would not be "practical or make sense"to hold these roads to current road standards. 4.Garfield County has already approved the existing Hogan driveway for his new residence, and the road has serviced all kinds of construction traffic including dump trucks , cement trucks, lumber trucks and construction workers for over a year. 5. At the county's request the road was widened 10 feet on each side on the switchback at the start of access towards lot one. 6. To facilitate the steeper grade the road was also widened by 10 feet at the first right hand turn. 7. An inch and a half of road base at a depth of approximately 2 inches was added and graded in from the intersection of County Road 100 up to and past the switchback at the access point to lot one. 8. A four -inch thick asphalt apron 31 feet wide and 11 feet deep was added where the driveway and the Countyroad meet. 9. The area directly above the apron was re- graded and road -based and compacted for approximately 50 feet. 10. The Carbondale fire department deputy chief Bill Gavett,actually drove his firetruck up this road and said it met his approval for emergency vehicle access.(see attached letter) 10. This road only serves three residences for the first approximately 90 feet and that first residence is an approved ADU occupied only on a part-time basis . 11. Garfield County Road and Bridge Director Mike Prem, indicated in his referral letter statement, that a 3% grade at the bottom of this drive would only compound things making the driveway steeper. 12. The entrance to the Eshelman driveway has served that family for some 20+ years. Mike Prem seems to support no changes are needed there and nothing new is being proposed to be added. We request a waiver from an apron at that driveway. And because of the rural nature of this project we are also asking for a waiver for the stop signs on both driveways. 1 Glenn Hartmann From: DANIEL HOGAN [djhoganjr@coastalnet.com] Sent: Tuesday, November 27, 2012 12:52 PM To: Glenn Hartmann Cc: Roger Eshelman Subject: Pioner Point Subdivision To: Garfield County Planning and Zoning Commission Garfield County Board of Commissioners Subject: Pioneer Point Subdivision This letter is to affirm our support for Roger and Amelia Eshelman in their development of the Pioneer Point Subdivision. We live part-time in summer and winter at 7330 County Road 100 on the parcel immediately adjacent to the Eshelman property. Our 21 acre lot was purchased in 1968 and we first met the Eshelman while vacationing here. In 2003 we built on our property and have been mutually acquiescent neighbors ever since. We have been in support of the Eshelman efforts to develop their property from the beginning and hope the Commissioners will rule favorably on their three lot subdivision plan. Thank you for taking the time to view our letter of support. Daniel J Hogan Ann V Hogan 1 J Glenn Hartmann From: Diann Kroeger [kroeger_ct[7a hotmail.com] Sent: Monday, November 26, 2012 4:01 PM To: Glenn Hartmann Cc: rbeshslman@gmail.com Subject: Pioneer Point Subdivision EXHIBIT TO: Garfield County Planning and Zoning Commission and Garfield County Board of Commissioners FROM: Diann Kroeger 7207 County Road 100 Carbondale, CO 81623 This letter is to advise you we live directly across the county road from Roger Eshelman and have no problems with the plans he has to develop his property. We have lived here and known them for the past six years. If you have any questions, please do not hesitate to contact me at 704-1519. Thank you. 1 CIVIL ENGINEERING November 27, 2012 Glenn Hartmann Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 An Employee -Owned Company Re: 2061070.00 Waterline and Driveway Apron Dear Glenn, LAND SURVEYING EXHIBIT L Roger Eshelman has asked that HCE review the installation of the waterline and curb apron and address whether the two items have been installed per the plans and county regulations. Roger provided pictures of the installation but HCE was not available for inspection during the installation. Waterline: It appears that there are two service lines installed from the connection to the existing service line. At the connection there is one curb stop sizes 1-1/4". It appears that there is 1.5" of blueboard insulation around the curb stops which reduce any potential for freezing. At 6' of depth this was not required, but is added insurance. The pictures of the ladder show approximately 6-7 ladder rungs to existing grade which would be consistent with 6' of bury depth. There are several photos that show the insulation and Roger indicated that the insulation runs the entire Length of the installation. There was also a plastic vapor barrier and marker tape added but not required. Brass compression fittings were located at the tee to the barn and the connections. Bedding was provided via onsite material that was free of rocks. Schedule 40 encasement is shown in several photographs and was required wherever the waterline would be within 10' of the sewerline or septic field. It appears that the encasement does sufficiently extend beyond the areas that would lie within 25' of the depicted leach fields. The waterlines were pressurized up to working pressure and there was no observed leakage by the landowner. Based on the photographs provided, it appears that the water services were adequately constructed. Driveway Apron Roger indicated that a saw -cut was performed at the edge of the driveway and the area from the edge of the asphalt to the back of the apron which was approximately 11' was dug out to a depth of 4". Then a new 4" asphalt apron was placed from the country road to the back of the apron. 1517 Slake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone (970) 945-8676 Fax (970) 945-2555 Pioneer Point Subdivision 11126/2012 Page 2 The width at the county road is 31' and the back of the apron is 25'. Mr. Eshelman indicated that water flow across the pan follows along the joint between the old and new asphalt. See pictures on the following pages. Based on review of the photos and descriptions provided, I believe the water services and the asphalt apron were adequately installed and constructed to the intent of the design. Sincerely, f og- neat, P.E. Hitil Country Engineering, Inc. Insulation and moisture barrier Encasement being installed Pioneer Point Subdivision 11126/2412 Page 2 Start of Encasement before Curb Stop installed Service Curb Stop and yard hydrant. End - of Encasement at Bam Pioneer Point Subdivision 11/26/2012 Page 2 Existing Asphalt at County Road and depth cut for new asphalt. Finished Asphalt Apron Pioneer Point Subdivision 11126/2012 Page 2 Finished Asphalt Apron Glenn Hartmann From: Roger B. Eshelman [rbeshelman[7a gmall.comj Sent: Tuesday, November 20, 2012 10.45 AM To: Glenn Hartmann Subject: Pioneer point hogan entrance apron Attachments: photo.JPG; ATT00001.txt 1 Glenn Hartmann From: Roger B. Eshelman [rbeshelman c@r gmail.com] Sent: Tuesday, November 20, 2012 10:52 AM To: Glenn Hartmann Subject: Pioneer point water line extension Attachments: photo.JPG; ATT00001.txt Glenn Hartmann From: Roger B. Eshelman [rbesheiman©gmail.cam] Sent: Tuesday, November 20, 2012 11:01 AM To: Glenn Hartmann Subject: Pioneer point subdivision Attachments: photo.JPG; ATT00001.txt This curb stop is for the 1 1/4 inch pure core water line that is the point of origin for the water supply to lot one, From lot two approximately 400 feet in length. there's also a 1 inch line that serves the barn on lot two with a yard hydrant approximately 200 feet long . both waterlines are inside 4 inch PVC pipe as a shield , and are buried past 6 feet deep bedded in fine dirt , covered with inch and a half blue foam as a frost barrier , with black permanent plastic over the blue foam as a water barrier. 1 Glenn Hartmann From: Roger 8. Eshelman [rbeshelman@gmail.com] Sent: Tuesday, November 20, 2012 11:02 AM To: Glenn Hartmann Subject: Pioneer point lot one curb stop Attachments: photo.JPG; ATT00001.txt Frost protection is shown here. CIVIL ENGINEERING LAND SURVEYIN MEMORANDUM To: Roger Eshelman From: Dan Dennison Revised: November 27, 2012 Project: Pioneer Point Subdivision Subject: Lot 1 ISDS Design Clarification The Sewage Management Plan included in the preliminary plan submittal package stated the following: "ISDS systems will be designed by a professional engineer registered in the State of Colorado per Garfield County or State Regulations. The installation will be inspected and certified by a professional engineer registered in the State of Colorado and/or his representative.„ HCE believes that this required is excessive if there are percolation rates in the chosen septic field location between 5 min/inch and 60 min/inch. We are asking that this requirement be lifted in the subdivision approvals. The owner of the property prefers to have the flexibility for the future lot owner to avoid the involvement of an engineer if he/she so chooses. This is not out of line with the Garfield County standards. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 970.945-8676 • PHONE 970.945-2555 • FAX WWW.HCENG.COM CIVIL ENGINEERING LAND SURV MEMORANDUM To: Roger Eshelman From: Dan Dennison Revised: November 27, 2012 Project: Pioneer Point Subdivision Subject: Amended Traffic Study Data INTRODUCTION The subject property is located approximately 10 miles north of Highway 82 just east of Carbondale off of County Road 100. The development is requesting an increase in trips onto County Road 100 utilizing two existing driveways. This traffic analysis report addresses both the existing and proposed traffic as well as the capacity requirements associated with a proposed additional lot. EXISTING AND PROPOSED TRAFFIC IMPACT The Single -Family Detached Housing (210) trip generation chart from LTE Trip Generation, 6th Edition was utilized to determine the ADT for the proposed subdivision. Based on the average rate of trip generation per dwelling unit of 9.57 trip ends, the ADT is anticipated to be approximately 28.71 trips. Currently, there are two existing homes on the parcel. Another lot is being proposed to be subdivided out of the existing parcel which will be used for a single family residence. The existing ADT based on chart 210 is 19,14 trip ends. Therefore the impact from the additional parcel is minimal with an increase of 9.57 trip ends (10 trips). SITE ACCESS The property has an existing driveway at the center of the properties frontage along County Road 100. This serves the two existing homes on the property. The additional traffic generated by the property will access County Road 100 via the Hogan driveway to the north of the Pioneer Point Subdivision. This driveway currently serves the Hogan main house and an ADU. An extension of a new driveway off a switchback on the existing driveway would provide access across the Hogan property to Lot 1 of the Pioneer Point Subdivision. SURROUNDING LAND USE The surrounding land use is zoned Rural. County Road 100 is not a designated haul route for truck traffic. CRITERIA This basic traffic analysis conforms to the submittal requirements set forth in Article IV, Section 4-502 (J) (3) of the Garfield County Unified Land Use Resolution of 2008 as Amended. CURRENT AVERAGE DAILY TRAFFIC The existing average daily traffic (ADT) on County Road 100 is 583 vehicles, according to the Garfield County Road System 2002 Transportation Study. GROWTH FACTOR Garfield County population counts were obtained to quantify the overall growth between 2000 and 2010. According to U.S. census data the population of Garfield County in 2000 was 43,791 and the population in 2010 was 56,389, this is an increase of 12,598, which represents a population change of 28.8 -percent. This County -wide population change can be interpreted as an approximate 1 0 -year growth factor in the volurne of traffic on County Roads. Applying this 10 -year growth rate of 28.8 -percent to the Garfield County Road System 2002 Transportation Study, average daily traffic (ADT) of County Road 100, the reported value of 583 vehicles during 2002, can be extrapolated to be 751 vehicles during 2012. PROPOSED AVERAGE DAILY TRAFFIC The anticipated increase in average daily traffic of County Road 100 will be approximately 10 additional vehicles per day. The resulting average daily traffic (ADT) will be 761 vehicles, which equates to an increase in ADT of 1.01 -percent. LEVEL OF SERVICE According to the Highway Capacity Manual (HCM), County Road 100 is classified as a Class II two lane road based on the percentage of local traffic over thru traffic over Cottonwood Pass. The roadway, along the frontage of the site, crosses relatively level terrain (below 3%) and has a grade adjustment factor, fo, of 1.00, in accordance with Exhibit 20.8 of the HCM. The percentage of trucks and buses on the road is estimated to be 10%, and has an adjustment factor, ET, of 1.1 in accordance with Exhibit 20.9 of the HCM. The percentage of recreational vehicles on the road is estimated to be 5%, and has an adjustment factor, ER, of 1.0 in accordance with Exhibit 20-10 of the HCM. The Heavy Vehicle Adjustment Factor, fliv, is calculated to be 0.99 in accordance with Equation 20-4 of the HCM. The roadway, along the frontage of the site, is in a no -passing zone, and has a Combined Directional Distribution and no -passing zone adjustment factor, fdinp, of 20.5 percent, in accordance with Exhibit 20-12 of the HCM. The roadway is situated within a rural area and has a typical Peak Hour Factor, PHF, of 0.88, in accordance with page 12-10 of the HCM. The typical Design Hour Factor ,K, of the roadway is 0.10, in accordance with Exhibit 8-9 of the HCM. Passenger car equivalent flow rates ,Vp, Base Percent Time Spent Following, BPTSF, percentages and Percent Time -Spent Following, PTSF, percentages, were determined current and proposed traffic conditions using applicable equations in accordance with the HCM. The corresponding Levels Of Service, (LOS) were then identified for the two traffic conditions, in accordance with Exhibit 20-4 of the HCM, as follows: Condition Peak Hour Volume V (Vehlh) Passenger Car Flow Rate Vp (pc/h) Base Percent Time Spent Following BPTSF (%) Percent Time Spent Following PTSF (%) Level Of Service (LOS) Current Conditions 75.1 86.2 9.60 30.10 A Proposed Conditions 76.1 87.4 9.70 30.20 A Level of Service 'A' is defied for Class 1I highways as less than 40% of time spent following. County Road 100 will stay within Level of Service "A" following the added traffic from this development. CONCLUSION Based on the trip generation forecasts, the described operations at the site are not anticipated to have negative impacts on County Road 100 or the surrounding roadways. The noted increase in traffic during and after construction represents a negligible net increase of 1.01 -percent above the average daily traffic. REFERENCES 2002 Average Daily Traffic County Road System Transportation Study, Garfield County Colorado. Highway Capacity Manual, HCM 2000, Transportation Research Board, Summary File, Table PL 1 U.S Census Bureau, Census 2000 Redistricting Data Summary File, Table PL 1 U.S Census Bureau, Census 2010 Redistricting Data CIVIL ENGINEERING. LAND SURV MEMORANDUM To: Roger Eshelman From: Dan Dennison Revised: November 27, 2012 Project: Pioneer Point Subdivision Subject: Hogan Shared Driveway Grades The existing grades vary from 6% to 18%. The most significant grades are along the first 130 feet of the driveway off of County Road 100. This driveway has a direct connection to the Hogan ADU at approximately 100 feet off of County Road 100 which limits the amount of regarding that can be done and still serve this unit. An asphalt apron has been added to the driveway to help control runoff onto County Road 100 from the driveway. This improvement was based on concerns from Garfield County Road and Bridge with drainage. The Carbondale and Rural Fire Protection. District and Garfield County Road and Bridge are satisfied with the existing driveway centerline slopes based on site visits and a test drive assuming the improvements to the apron and turnouts were maintained. The slope of the driveway at the switchback is 6% and this fork in the road will be used as a turnaround for emergency vehicles. HCE is aware that this driveway does not meet County roadway standards. However, this driveway has been in use for some time now and there have not been any traffic incidents that the property owners are aware of up to the time the submittal and emergency access is being satisfied. 1517 BLAKE AVENUE, SUITE 1 0 1 GLENWOOD SPRINGS, CO 81 601 970-945-8576 • PHONE 970-945-2555 ■ PAX WWW.HCENG.COM EDITED DRAFT CONDITIONS - RECOMMENDATIONS SECTION VIII OF THE STAFF REPORT PREPARED BY PLANNING STAFF 11/28/12 (changes are shown in bold) VIII. RECOMMENDATION EXHIBIT 1 00 Staff offers the following draft conditions in support of a recommendation by the Planning Commission for approval subject to conditions: 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Planning Commission recommendation. 2. An engineering Individual Septic Disposal System shall be required for Lot 1. The existing septic systems for Lots 2 and 3 shall be inspected by the Garfield County Building Department with any deficiencies noted by said inspection to be repaired prior to recording the Final Plat. The Applicant shall maintain compliance with the representations contained in the Applicant's Sewage Management Plan. 3. The Applicant shall maintain compliance with the Division of Water Resources Well Permit and related Water Court Decrees and any conditions contained therein. The Applicant and any future successors in ownership shall maintain the required contract with Basalt Water Conservancy District. Irrigation water shall be allocated to each proposed lot pursuant to amendments to the shared well agreement. 4. Prior to Final Plat approval, the Applicant shall supplement the Water Quality Testing to include any additional tests and affirmative finding by a qualified water testing professional that the water meets the Colorado Primary Drinking Water Standards and/or provide a treatment solution should a compliance issue be noted by the test results. 5. The Applicant shall finalize and record at the time of Final Plat approval the well sharing agreement, road sharing agreement, covenants, and homeowner association documents for the subdivision. All said documents shall be subject to final review and acceptance by the County Attorney's Office. 6. Compliance with the recommendations of the Applicant's Geotechnical Report by Yeh and Associations and the recommendations of the Colorado Geological Survey shall be required. These recommendations include site specific supplemental engineering and soils analysis for Lot 1 and supplemental engineering review of slope stability and grades for excavations associated with road cuts. Plat notes identifying the supplemental engineering requirements shall be included on the Final Plat. The Final building and driveway location on Lot 1 shall be designed to avoid or minimize impacts on areas with slopes steeper than 30% to the extent reasonably possible. The Applicant's slope analysis demonstrates that approximately 50% of the proposed Lot 1 is Tess than 30% in slope. Compliance with the slope development standards contained in Section 7-210 (F) shall be required for Lot 1 and for any future expansion or additional development on Lots 2 and 3. 7. Compliance with the Carbondale and Rural Fire Protection District recommendations contained in their referral comments dated 8/4/06, 8/21/08, and 11/9/12 shall be required including but not limited to creation of defensible spaces for new structures pursuant to the State guidelines, water supply for fire protection, and location and construction of access/pull-outs at the time of construction of the new access road to serve Lot 1. Said letters are attached as Exhibit A. 8. Waivers from submittal requirements are recommended for approval in accordance with the Review Criteria contained in Section 4-202 (C). 9. The proposed driveways and related waivers from roadway standards contained in Section 7-308 are recommended for approval in accordance with the Review Criteria contained in Section 4-117(C) provided the following conditions are met prior to final plat approval. a. Provision of additional documentation from the Applicant's Engineer indicating the adequacy of the various driveways to safely serve the proposed units and in particular the steeper sections of access to Lot 1. b. Provision of additional upgrades to the Lot 1 access as determined necessary by the Applicant's Engineer including potential upgrades to surfacing and widening of the initial turn toward Lot 1. c. Review and approval of supplemental upgrades to the Lot 1 access by the County Consulting Engineer. d. Compliance with the recommendations of the Road and Bridge Department for additional access permitting the existing driveway for Lots 2 & 3 and additional improvements at both the access points onto County Road 100. e. Construction of the proposed driveway serving Lot 1 shall be subject to additional drainage and erosion protection in accordance with County regulations. f. The Applicant shall provide information on existing traffic counts for County Road 100, further demonstrating the minimal net traffic impact from the proposed subdivision. 10. The proposal for a waiver from the requirement for a subdivision improvement agreement associated with the Applicant's proposal to defer infrastructure improvements to a future purchaser of Lot is not recommended for approval. The following conditions are recommended for approval to address the subdivision improvements waiver: a. The Applicant shall provide engineering documentation for all improvements already installed, including the Lot 1 water line and driveway apron. Said documentation shall include engineering verification that the improvements were properly installed. b. The Applicant shall provide an engineered estimate for the installation of the proposed driveway to the Lot 1 lot line and any additional access improvements serving Lot 1. c. The Applicant shall provide proof of installation and sign -off by a qualified engineer of the remaining access improvements prior to the recording of the final plat or in lieu of said verification shall provide a Treasurer's Deposit Agreement or similar documentation acceptable to the County Attorney's Office providing security in the amount of the engineer's cost estimate for the construction of the remaining access improvements. d. Plat notes shall be included on the Final Plat providing clarification that electrical and water service has been provided to Lot 1 as currently configured and that any extension of said utilities to the final building location within Lot 1 shall be the responsibility of a future lot purchaser. 11. All new construction on the property shall be required to meet all Garfield County Building Code Requirements. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction including driveway improvements and shall address ongoing weed management on the site consistent with the County Weed Management Plan and the Colorado Noxious Weed Act. 12. The Applicant shall provide bear proof trash containers for any outside storage of trash within the subdivision and shall comply with the wildlife compatibility recommendation contained in the Colorado Parks and Wildlife referral letter dated 11/13/12. 13. The Applicant shall pay required impact fees associated with the new Lot 1 for school land dedication and Fire impact Fees prior to the recording of the Final Plat. County Road/Traffic Impact Fees shall referenced on the Final Plat by Plat Note and shall be payable at the time of issuance of a building permit for Lot 1. 14. The Application reflects general conformance with the Garfield County Comprehensive Plan provided the applicant maintains the majority of each dot in an open condition. In lieu of establishing building envelope limits on development the Applicant and future lot owners shall maintain approximately 70% of each lot, not including driveways and utilities in an open condition without structures. This condition does not preclude establishment of lawns and yards or similar landscaping improvements in the open area. 15. No approvals or prohibitions on future Accessory Dwelling Units on any of the proposed lots are granted with this approval. The subdivision approvals will however provide separate lots for both existing homes and any past designations as a guest house or ADU will be superseded by this approval. 16. The Final Plat shall be subject to review and approval by the County Attorney's Office including all certificates. The plat shall also include plat notes as shown on the attached Exhibit B except as may be edited by the County Attorney's Office as part of the final plat review. Plat notes #4 and #7 on the draft plat included with the Application submittal shall be deleted. Exhibit B — Plat Notes 1. Control of noxious weeds is the responsibility of the property owner in/compliance with the Garfield County Weed Management Plan and the Colorado Noxious Weed Act. 2. No new open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 3. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 4. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et. Seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities and operations within Garfield County shall not be considered to be nuisances so Iong as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations. 5. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities an act as good neighbors and citizens of the county. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 6. The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. Dogs kept on the property shall be in a fenced yard, kennel or on a leash to prevent harassment of wildlife. Any outside storage of trash shall be in a bear proof container. Feeding of wildlife shall be prohibited with the exception of songbirds. Fencing on the property shall comply with the Division of Wildlife specifications for wildlife -friendly fencing contained in their 11/13/12 referral letter. 8. Engineer -designed septic systems are required within this subdivision and compliance with the Pioneer Point Sewage Management Plan is required. 9. Engineer -designed foundations are required within this subdivision, along with compliance with requirements for supplemental geo-technical and soils analysis and recommendations of the Yeh and Associates Geotechnical Report (dated August 28, 2009) and the Colorado Geological Survey Referral Comments (dated November 14, 2012) for improvements including road construction. 10. Garfield County Traffic Impact fees shall be paid for development of Lot 1 at the time of filing a building permit application for Lot 1. 11. Access driveways, electric service and domestic water service for Lot 1 exists on or to the Lot 1 property line. Further extension of access and services to the final building location shall be the responsibility of the owner of Lot 1. Provision of domestic and fire protection storage at the final building location shall be the responsibility of the owner of Lot 1.