HomeMy WebLinkAbout1.0 Staff Report PC 06.11.03PCz 6111103
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PROJECT INFORMATION AI\D STAFF COMMENTS
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT:
REPRESENTATIVE (S):
LOCATION:
WATER
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
Sketch Plan
A request for review of the Sweetwater Perennial Sketch
Plan
Kevin and Sandra Story
Sid Fox of Fox & Company
The property is located 0193 Sweetwater Road,
immediately to the west of the county line of Eagle and
Garfield Counties.
Well and Gannon Ditch rights
lndividual Sewage Disposal System (ISDS)
Sweetwater Road (County Road 150)
A/ R/ RD (Agricultural / Rural / Residential Density)
A/R/RD
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; ii$.Ie#
.Wry"t
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Sweetwater Perennials Subdivision
Sketch Plan
PC: 6/ll/03
Page2
I. DESCRIPTION OF PROPOSAL:
1. Development Proposal: The Applicant is proposing to subdivide approximately 18 acres site
into 3 lots consisting of approximately 4 acres, 5 acres and 9 acres. The purpose of the subdivision is
to separate the residential interests from the agricultural / horticultural interest in order to obtain long
term financing.
2. Site Description and Existine Conditions: The subject property is currently improved with a
single family residence and various horticultural out-buildings. The Applicant is currently installing a
pond immediately to the south of the residence. The Gannon Ditch traverses the property from west to
east, and is located north of the residence and all existing improvements. No improvernents are
proposed north of the ditch. Along side the ditch is a well-defined road used for the purpose of ditch
maintenance. There are two very distinct gullies that pass through the property. One gully is located
above Lot 1 and the other gully is located between Lots 2 and 3. Access to the property is via a gravel
drive off of County Road 105 (Sweetwater Road), which will be shared by all lots.
3. Proposed Uses: The Applicant is proposing the following uses on the lots as a result of the
subdivision of the subject property:
A. Lot 1: Single family residence and an accessory dwelling unit
B. Lot 2: Existing single family residence
C. Lot 3: Single family residence and accessory dwelling unit
The agricultural uses on the property will consist of uses such at gardens, greenhouses, nursery, and
orchards which are uses that are allowed by right in the A/R/RD zone district. Currently all the
agricultural uses are on Lot l. The main residence is on Lot 2 artd Lot 3 will also be used for
agricultural uses.
4. Adjacent Land Uses: The following land uses surround the subject site:
A. East: BLM land
B. South: Vacant, however, associated with the development across Sweetwater Road.
C. West: Single familyresidence
D. North: Associated with the private property to the west.
5. Applicability: Pursuant to Section 3:00 of the Subdivision Regulations, the Sketch Plan is the
initial review of any subdivision proposal to determine the confornance of the subdivision with the
County's Subdivision Regulations and with any other applicable regulations, resolutions or plans.
Sweetwater Perennials Subdivision
Sketch Plan
PC: 6lll/03
Page 3
II. REVIEW AGENCY AND OTHER COMMENTS:
The application was referred to the following agency (ies) for comments. Comments that were
received have been integrated throughout this memorandum where applicable.
1. Eagle County Planning Department: Exhibit D.
2. Eagle RE-50: Exhibit C.
3. Bureau of Land Management: No comments.
4. Garfield County Road and Bridge: Exhibit A.
5. Garfield County Vegetation: Exhibit E.
III. SKETCH PLAN (SECTION 3:00)
All Sketch Plan comments are kept on file in the Planning Department office. The Sketch Plan
comments shall identiff issues applicable to the subdivision proposal, with the comments subject to
change, if there are changes in the circumstances, documents or regulations used as the basis for
comments. Completion of the Sketch Plan process shall, in no way, constitute approval of the
proposed plan.
The Planning Commission shall review the application for consistency with the standards and polices
set forth in the following:
A. Garfield County Subdivision Regulations.
B. Garfield County ZoningResolution.
C. Garfield County Comprehensive Plan.
D. Garfield County road standards and policies.
E. Garfield County municipal comprehensive plans and municipal regulations, as applicable.
F. Other applicable local, state, and federal regulations, resolutions, plans and polices, as
applicable.
ry.STAFF COMMENTS
A. Comprehensive Plan: The subject property is located with Study Area4 in the Garfield County
Comprehensive Plan. There are no recommended densities within Study Area4.
B. Zoning:- The minimum lot size per dwelling unit in the A/R/RD zone district is 2 acres. The
three lots being created are greater than2 acres in size.
Sweetwater Perennials Subdivision
Sketch Plan
PC: 6lll/03
Page 4
C. Subdivision: Pursuant to section 1:21 of the Subdivision
"The Subdivision Regulations [were] are designed and enactedfor the purpose of
promoting the health, safety and welfare of the present andfuture inhabitants of Garfield
County by encouraging orderly development, in accordance with established County
policies and plans and, infurtherance, of the general policy of balancing the diversified
needs of a changing population, including lessening congestion on streets or roads,
reducing water in excessive amounts of roads, securing safetyfromfire, flood waters and
other dangers, providing adequate light and air, classifying land uses and the distribution
of land development and utilization, protecting the tax base, securing economy in
governmental expenditures, fostering agricultural and other industries, and protecting both
urban and non-urban development. "
The Applicant shall be aware of the applicable General Site Standards outlined in Section 9:00 of the
Subdivision Regulations, which include:
9: I I In designing and planning individual lots and streets layoutfor a subdivision, the constructed
improvements and engineering design shall conform to the provision of Section 9:00, as well as to
other applicable Garfield County land use regulations.
9: I2 Land subiect to identified natural hazards, such as falling rock, land slides, snow slides, mud
flows, radiation, flooding or high water tables, shall not be plattedfor any use other than open
space or an uninhabitable portion of a lot over two (2) acres, unless mitigation is proposed by a
Colorado registered professional engineer qualified to do such design.
9: I3 Development plans shall preserve, to the maximum extent possible, natural features such as
unusual rockformations, lakes, rivers, streams and trees. Where appropriate, the subdivider may
be required to dedicate lands to lot owners to preserve thesefeatures. In no case shall lots be
designed such that a dwelling unit will be located closer than thirtyfeet (j0') to a live stream, lake
or pond, regardless of thefact thatfloodplain regulations may allow dwelling units located closer
in some instances.
9: I5 One (I) dog shall be allowedfor each residential unit within a subdivision; and the dog shall
be required to be confined within the owner's property boundaries. The requirement shall be
included in the protective covenants for the subdivision, with enforcement provisions allowingfor
the removal of a dogfrom the subdivision as afinal remedy in worst cdses. (99-096)
9: 16 No open hearth, solid-fuelfireplaces are allowed anywhere within a subdivision. One (1) new
solid-fuel burning stove, as defined by C.R.S. 25-7-401,et.seq., and the regulations promulgated
thereunder, shall be allowed in any dwelling unit. All dwelling units shall be allowed an unrestricted
number of natural gas burning stoves and appliances. (99-096)
Sweetwater Perennials Subdivision
Sketch Plan
PC: 6111103
Page 5
9:17 Each subdivision shall have covenants requiring that all exterior lighting shall be directed
inward, towards the interior of the subdivision. (99-096)
9:18 Nofurther subdivision of a recorded subdivision shall be allowed, except where it is provided
for in an approved Preliminary Plan or when the zoning of the property allows for multi-family
dwelling units as a use by right and the application is for a multi-fomily dwelling unit.
9:21 Lot size, width, depth and shape shall be appropriatefor the type of development proposed
and shall meet or exceed the minimum lot size requirements of the Garfield County Zoning
Resolution or PUD regulations, where applicable.
D. Water: The Applicant noted that the proposed source of water supply will be from wells and
ditch rights. A Water Resource Plan ("Plan"), which the Applicant noted was conducted by Wright
Water Engineering, Inc. and Balcomb and Green, although there is no evidence of this, was included
with the application. According to the Applicant, the purpose of the plan is to outline the basic
approach to developing a legal and physical water supply for the proposed subdivision.
According to the Plan, the subdivision will have two basic water supply systerns. Wells will provide
potable water to serve the domestic \ in-house needs, plus some limited irrigation. Each of the three
lots will have at least one well. The water source for the non-potable water system will be diversions
from Sweetwater Creek by means of the Gannon Ditch. The Gannon Ditch will provide water for
irrigation and filing of ponds. krigation water will be used for nursery operations and to irrigate the
open space \ pastures.
There is an exempt well (Permit No. 158441) on Lot 2. A copy of this well was not submitted with the
application. The Applicant noted that the project will need to obtain new well permits. The Applicant
noted that the new permits can only be issued after the augmentation plan is decreed.
ln summary, the Applicant indicated that 1) to meet the proposed irrigation needs, the subdivision will
use its historic Gannon Ditch water rights that are diverted from Sweetwater Creek, and new water
.ights are being appropriated for a Gannon Ditch enlargement to fill on-site ponds for operational needs
and to augment out of priority Gannon Ditch and well rights; and2) a second augmentation source will
be obtained from Wolford Mountain Reservoir by contract with the Colorado River Water
Conservation District. Wolford Mountain Reservoir releases can augment downstream calls coming
from the Colorado, such as Shoshone and Cameo.
The Applicant also noted that at Preliminary Plan evidence that a water supply, sufficient in terms of
quality, quantity and dependability, shall be provided to ensure an adequate source of water for the
proposed subdivision (refer to section 4:91 of the Subdivision Regulations).
Sweetwater Perennials Subdivision
Sketch Plan
PC: 6/11103
Page 6
The Applicant shall also take into consideration the following for water supply at Preliminary Plan
application:
9:51 An adequate potable and irrigation water supply shall be available to all lots within a
subdivision, taking into consideration peak demands to service total development population,
irrigation uses, and adequate fire protection requirements in accordance with recognized and
cus tomary engineering standards.
9:52 Individual wells may be used as the water supply, provided the applicant has submitted the
required documentation to the appropriate water court, and the Colorado Division of Water
Resources will approve well drilling permits for all lots within the development.
E. Wastewater: The existing residence currently utilizes an individual sewage disposal system
(ISDS). The Applicant indicated that ISDS will be utilized for the new lots. With respect to sewage
disposal, the following standards will apply to the Preliminary Plan application:
a:92(D) If no central sewage treatment works is proposed and individual sewage disposal systems
will be utilized, a description of sewage, the disposal means, as well as evidence as the result of
soil percolation tests and produce excavations to determine maximum seasonal ground water level
and depth to bedrock shall be provided. In addition:
l. Indicated by location on the plat;
2. Performed and signed by a registered professional engineer licensed by the State of
Colorado;
3. Adequate in number and location to meet requirements of the Garfield County Individual
Sewage Disposal Requirements and the Colorado Department of Public Health, Water Quality
Control Commission; and
a:92(E) If individual sewage disposal systems are to be utilized, a proposed mandgement planfor
the operation and maintenance of on-site systems shall be provided.
9:61 Disposal by individual sewage disposal systems may be permitted, provided lot sizes are
consistent with the Garfield County Zoning Resolution. Individual systems must have
representative soil absorption tests performed by a qualified engineer registered to perform such
tests in the State of Colorado.
F. Access: There will be only one access point onto Sweetwater Road (County Road 150).
Access to the proposed lots will be by means of a shared access easement which will be established
across Lot 2 to assure legal and physical access to Lots I and 3. Bobby Branham of the Road and
Bridge Department provided the comments regarding access and culverts which can be seen in more
detail in Exhibit A.
Sweetwater Perennials Subdivision
Sketch Plan
PC 6111103
PageT
The Applicant shall be aware of the Street and Roadways standards in section 9:30 of the Subdivision
Regulations. In particular section 9:34 which reads, "all streets are dedicated to the public but all
streets will be constructed to standards consistent with fthe Subdivision] Regulations and repair and
maintenance shall be the responsibility of the incorporated Homeowners Association of the
subdivision " Therefore, the shared driveway shall not be identified as an easement but a right-of-way.
Pursuant to Section 4.94 of the Subdivision Regulations, a part of the County's Capital Improvement
Plan, the Board has established traffic study areas. The subject property lies within Traffic Study Area
12 of the Capital Improvernents Plan. Since a base road cost per average daily trips for Study Area 12
has not been established, the Applicant will not be subject to road impact fees for this project.
G. Soils/Topoeraphy/Radiation: According to the soil survey, from USDA Soil and Conservation
Service, Forelle-Brownsto complex, 12 to 25 percent slopes (#aa) is located on the subject property.
The interpretation tables for this tlpe of soil can be seen in more detail in the application. It appears
that the main limitation for home-site development on this property, based on this soils type, is slope.
The Applicant noted there are no known radiation hazards on the site. The Applicant shall note that
pursuant to Section 4:60 of the Subdivision Regulations, a radiation evaluation will be required as part
of the Preliminary Plat process.
The property slopes in northeasterly direction from Sweetwater Road. The topography on the property
is distinct. All improvements are south of the Gannon Ditch, where the slopes are less than 40oh.
North of the Ditch, the slopes are greater than 40%o.
H. Fire Protection: The property is located within an area of the County that is not covered by a
fire protection district. Within unincorporated areas of the county, which are not covered by a fire
protection district or a municipality providing fire protection services, the County Sheriff s Department
acts as the fire warden (CRS 30-10-512 & CRS 30-10.513.5(I)). Attached to this memorandum are
CRS 30-10-512 and CRS 30-10-513.5 for reference. Staff encourages the Applicant to work with the
Garfield County Sheriff s Department with respect to fire protection for the subdivision.
The following standards (Section 9:70) will apply to the Preliminary Plan application:
9:71 Subdivisionfire protection plans shall be reviewed by the appropriatefire protection district to
ensure that all lots have primary and secondary access points to escapefire entrapment.
9:73 Were there is no central water system available, a central locatedfire protection storage
tank shall be designed to meet thefire protection needs of the subdivision and be approved by the
appropriate fire dis trict.
9: 74 Water used for fire protection purposes does not have to be potable water and may be from a
source separatefrom the domestic supply.
Sweetwater Perennials Subdivision
Sketch Plan
PC: 6lll/03
Page 8
I. Drainage/Floodplain Issues: The application does not discuss drainage or floodplain issues.
There do not appear to be floodplain issues on the subject property. The Applicant should be aware
that the Preliminary Plan phase will require a Drainage Plan prepared by an engineer registered in the
State of colorado (refer to section 4:80 of the Subdivision Regulations).
The Applicant should also be aware of the following subdivision standards outlined in Section 9:40 of
the Subdivision Regulations.
9:41 Drainage easements, channels, culverts and required bridges shall be designed by an engineer
registered in the State of Colorado.
9:42 All drainagefacilities shall be designed based on a twenty-five (25) yearfrequency storm.
9:43 Were new developments create run-off in excess of historic site levels, the use of detention
ditches and ponds may be required to retain up to a one hundred (100) year storm.
9:44 All culverts shall be designed such that the exposed ends are protected by encasement in concrete
or extended a minimum of threefeet (3') beyond the driving surface on each side. Culverts, drainage
pipes and bridges shall be designed and constructed in accordancewithAASHO recommendationsfor
an H-20 live load.
J. Wildlife: The application does not contain any analysis of wildlife impacts or propose any
wildlife mitigation. At the time of Preliminary Plan, pursuant to section a:70(D) of the Subdivision
Regulations, the Applicant shall provide a description of the wildlife habitation on the subject property.
Staff encourages the Applicant to make use of the County's GIS capabilities in finding out about
-
wildlife habitat and encourages the Applicant to contact the CDOW in order to gain their input on the
project.
K. Assessment / Fees: Pursuant to Section 9.80 of the Subdivision Regulations, the Board of
County Commissioners may seek land or cash-in-lieu of land for parks and / or schools during the
subdivision review process when such are reasonably necessary to serve the proposed subdivision and
future residents. School site or park acquisition cash in lieu shall be based upon a study of the fiscal
impact on the district by new subdivision development, approved by the Board of County
Commissioners and Planning Commission. Lynda Ruggeberg of the Eagle County School District RE
50J provided a copy of the school land dedication or cash in lieu formula that is utilized by the School
District (Exhibit C). Staffwill encourage that the Planning Commission and Board of County
Commissioners to utilize this formula for site acquisition fee for the School District for the project.
Sweetwater Perennial s Subdivision
Sketch Plan
PC: 6111103
Page 9
L. Utilities: The Applicant noted that anticipated source of electricity will be from an extension of
the existing Holy Cross Electric line. The anticipated source of telephone will be Century Tel. No
cable TV service will be available to the lots and there is no local source of natural gas. All new utility
extensions shall be buried.
M. Ditches: The Gannon Ditch traverses the property from west to east. The Applicant noted that
the existing ditch will remain in its existing location and will not be significantly impacted by the
proposal. Easements shall be provided for all existing and proposed ditches.
N. Weed Management: No vegetation management plan was submitted with the application. The
Applicant shall note that pursuant to section a:70(C) of the Subdivision Regulations, "a map and
description of plant associationsfollowing practices of the Soil Conservation Service and including a
description of adapted materials and the location of major tree masses" shall be submitted at
Preliminary Plan. Comments were received from Steve Anthony, the County's Weed Management
Specialist, which can be seen in Exhibit E. The Applicant is encouraged to work with Mr. Anthony
regarding weed management on the property as outlined in Mr. Anthony's comments.
O. Accessory Dwelline Units: The Applicant indicated that accessory dwelling units are proposed
on Lots 1 and 3. In the A/R/RD Zone District, pursuant to section 3.O2.Ol of the ZoningResolution,
"accessory dwelling unit approved as part of a public hearing or meeting on a subdivision or
subdivision exemption or guesthouse special use approved after 7/95 and meeting the standards in
Section 5.03.2l " is ausebyright.
Pursuant to section 5.03.21of the ZoningResolution, "use of a structure as an accessory dwelling unit
whether approved by Special (Jse, use by right in a new subdivision approval, or on an existing lot must
meet thefollowing standards, as well as all other standards applicable to residential use:
1. The minimum lot size shall be four (4) acres containing a building site with slopes less than
40% at least two (2) acres in size.
2.
3.
4.
5.
The grossfloor areafor residential use occupqncy shall not exceed 1500 sq.ft.
Approval from the subdivision homeowners association and/or allowed by covenant if
applicable.
Proof of a legally adequate source of waterfor an additional dwelling unit.
Compliance with the County individual sewage disposal system regulations or proof of a
legal ability to connect to an approved central sewage treatmentfacility.
Only leasehold interests in the dwelling unit is allowed.
That all construction complies with the appropriate County building code requirements.
6.
7.
At Preliminary Plan, the Applicant shall provide evidence that the proposed four accessory dwelling
units comply with section 5.03.21of the zoningResolution outlined above.
Sweetwater Perennials Subdivision
Sketch Plan
PC: 6/11103
Page l0
P. Additional Comments: Comments were received from Cliff Simonton of the Eagle County
Community Development Department (see Exhibit D). Mr. Simonton noted that the following items
should be considered by the Applicant for the project:
1. The ability of Sweetwater Road to adequately and safely handle the traffic anticipated from
the proposed development.
2. Safe sight distance requirements at the intersection of the proposed driveway and
Sweetwater Road.
3. A requirement for engineered septic systems, given the apparent proximity of the project to
Sweetwater Creek.
4. The response time of the Glpsum Fire Department to the site, and the need for both an on-
site fire fighting water supply, and the application of siting and construction practices
designed to minimize wildfire hazard.
5. Impacts to wildlife, and that fact that Eagle County Master Plan map indicate this area as
deer and elk winter range, elk severe winter range, and a likely location for Golden Eagle
nest sites.
6. The general compatibility of the project with adjacent dwelling unit densities, and the
possibly setting of precedence for similar development along Sweetwater Creek.
a. Mineral Rights: The application does not discuss ownership of the mineral rights. The
Applicant should take special caution to be sure to properly notifu the mineral rights owners and
lessees of any public hearings conceming this project (pursuant to sections a:2I(2) and 4:31(2) of the
Subdivision Regulations).
R. Recommended Plat Notes/ Covenants: Please note that the County requires the following plat
notes on the final plat and in protective covenants:
1. Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, 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 norrnal and necessary aspect of living in a
County with a strong rural character and a healthy ranching sector. All must be prepared to
encounter noises, odor, lights, mud, dust, smoke chernicals, machinery on public roads,
livestock on public roads, storage and disposal of manure, and the application by spraying
or otherwise of chernical fertilizers, soil amendments, herbicides, and pesticides, any one or
more of which may naturally occur as a part of a legal and non-negligent agricultural
operations.
2. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One
(1) new solid-fuel burning stove as defied 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.
Sweetwater Perennials Subdivision
Sketch Plan
PC: 6lll/03
Page I 1
3. 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 and 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.
4. All exterior lighting will be the minimum amount necessary and all exterior lighting will be
directed inward, towards the interior of the subdivision, except that provisions may be made
to allow for safety lighting that goes beyond the property boundaries.
5. One (l) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owner's property boundaries.
The one dog requirement will likely be an in issue for the property owner, since there are
approximately four dogs on the subject property.
V. CONCLUSION:
The Sketch Plan comments shall be valid for a period not to exceed one (l) year from the date of the
Planning Commission review (valid until June ll,2OO4). If a Preliminary Plan for the proposed
subdivision is not presented to the Garfield County Planning Commission by June l l, 2003, the
Applicant will have to submit an updated Sketch Plan application to the Planning Department for
review and comparison with the original application.
Exhibits
A. Letter from Bobbie Branham, Garfield County Road and Bridge, dated October 15,2002
B. CRS 30-10-512 and CRS 30-10-513.5
C. Eagle County District RE 50J School Land Dedication lCash in Lieu formula
D. Letter from Eagle County Community Development Department dated May 23,2003
E. Letter from Steve Anthony, Vegetation Management Director, dated May 28,2003
Garfield County
Road and Bridge, District I
73lXl Huy t2, Glcowmd Sprtogr, CO tl60l
970-9a$t223 pb, 94S-l3I I frr
RECEIVED
MAY 2 ? ?00j
"ffiJ5?r',?Hilfo
Date: 05-27-03
To: Tamara hegl
Building and Planning
From: Bobby Branham
Road and Bridge Dist. IRe: Swoetwater Perennials
Please take into consideration thc following conditbns.
t. All culverts FolS acoeas poirrs should bc of coml8ded stecl pipe.
2- All culverts slrould extend bcyond the edgc of tbc acc*s roadrvry rufficicntly
to pre\Ent slough from congesting the inlet oroutlet,t. All culverts ehouH be 12 inches & hrger.4. All culvcrts should haw a minimum cowr equal to hatf the diamcter of the
PrPe. i'e' an lt inch culvert would require ninc inches of cowr to finish grade.5. All culverts should have a minimumof lolo flow.6. All ditches entering to ard exitug fr,omcrrlvcrts slrouH tr ohascd to daylight
in order ro fuilitate fbw.7. Acce$s' should be corrstructod with a compactod sub.grade, then fillod wirh a
compacted six inch lift oftlrree inch minus, thn toppcd with u ;east athrec
inch layer of conprctedt/t wodbase (class O1 maieiial. Compactbn rtrouU
rest ar not less than 95% of modifiedproctor.8. Acccss' should be flarcd whcre they meet thc cormty road and strou6 be of
$rfficient wklth to conform with subdivisbn standards,9. All areas of county road wbichencroach into or poss though ptir.ate propgrty
should have tight of nny deeded to the corurty ar30 foot Aornccntcttine.
10, Stop signs shouH be placed whcrr thc subdivisbnacccsses the corrnty road.
I t. All aocesses should bc gradcd to follow ZYo slop from crow& to a point o or
beyond thp location of tlrc culvert. Where supct-clevation is uscd thc access
grade shall fu atZYo from edge ofroad to a point at or beyond the culvert.
12. Access' should providc a minimum of 2fi) feet visibility in eithcr directioru
from a point l0 fect back from ths edge of the mrmy road.
13. Access' should meet the county road d a90 degre angle for a minimum
distance of 30 fest.
14. Access' should bc inspectad by Road and Bridgc for conpliance upon
cornpletion.
With regards to this particular subdivision the nmtorcycle atop the
mailbox will nced to be rcrnoved to hcilitate sight distance.
Bobby Branham
Dft* I Road and Bridge
12 Colo. 101,
rking of
rance of any
: sheriff was
0 Colo. 537.
deith of
rused; as
charge ther
reld not
t the trial
:r and
ex rel. Coove:
19e (193e).
in the office
iff by whom
$ 110. CRS
and
uct of any
;t the
$ 111. CRS
s to make d
f any default
t the discreti
undred do
ieved.
$ 114. CRS
County Officers 30-10-5L3.5
See 80 C.J.S., Sheriffs and Constables,
tliis. si:ction, the genpral assemb,ly-has
he following duties upon 1st9ri-tt t[t3
L have chaige and custody of the jails
Lty, and of the prisoners-in the same,
Gib ttt"* ttirnsilf; or by his deputy or
whose acts he and his sureties shall be
,McMillan v. Hammond, 158 Colo. 40,404
(196s).
ei or warden may be liable for an iniury
resulting to a Prisoner from. a
of duty with iespect to such prisoner'
,o v. fiammond, 158 Colo. 40, 404 P.zd
[ioi'"*u-pt", a breach of duty to exercise
Ere for the safety of a prisoner generallyr. to
jail sanitary and warm, or to furnish
b:sp. sheriffto act as fire warden. The sheriff of every county, in addition to other
-qil[-".t ;i fri. *"td"o of his respective county in case of prairie or forest flres.
irce: l-. 03: p. 176, $ 1. R.S. 0p: g 1280. C.L. $ 8755. CSA: C. 45, S 102. CRS 53: $ 35-
lc.n.s. 1963: $ 35-5-12.
ibb references: For duty of sheriff to report fires, see $ 23-30-204'
1.3. Sheriffin charge of forest or plairie fire - expenses. It is the duty of the sher-
fr'".int, ""0 O"p"ti"l, in case of ariy forestor prairie fiJe, 1o assur-n9 flla-r ^e- lle.r::-lil;ffi^;,il;';";;;;;;at auttroritiis in such emergencies for.controlling or extin-
ift;;li ni"r, u'na, for assisting in so doing, they may call to th.eir aid such p",t-o.o.3:
lL Ju9rr ulwr, 4rrsr .vr se,
ff;;;;t;;t Th; state forester miy assume ihe duty with.concurrence of the
.-ftriUoara of corinty commissioners of any corlnty may alJo* jlr:-:L:t'i1'^':1i1*-
d;il#, ffii;;;ffi "a*iv f"" arpartments, fire proiection districts, fire authori-
;efi "h;t#p"i,n,'"'-,11,9:"-"t,:11"^^T'^,*.i:il:-t':l'T5*"'-"i:T9liiil"?'H:il#im;ffif;;ffi;th;;'"*f""i"' necessarity incurred fit m.1v !9em just. The
;f;;;,:t;;missioners of any countv in this stite mav mak: s5! 1p^P:,r-1pl'f:::i:;;il;;"p;; ioitt " purpos"'of contiotting tues in its county. The board of countv
,ri;;;ir is'authorized to levy a special tai subject to approval 9f the voler: !p:1]ffiffi;;;ffi;;;il;;";;;iG taxable property'within the county for the
,ri:oi"r*titU a tunA that shall.be appropriated' after.consultl':iyll..t:.p.r::"::i-
of fire deoartt
"nts,
fire protection dis^tricts, and fire authorities in the county, to.pre-
;il"l5;.;;id;i;i;;,irh fires anywhere in the county.ald tg fix.th. r11:_gll:-1yj
;;ffi 4"";;;;?;;;;;e f-- tn" re"y in any one year is limited to the amount raised
6 mill or five hundred thousand dollars, whichever is less'
r: L. 03: p. 176, $ 2. R.S. 0S: $ 12!1, !.-L.-$ 8Z:6' CSA: C' 45, $ 101' L' 45: p' 299' $
lS,-S-:s:j-rS.'i.n.S. 1963:-$ 35-5-13. L. 65: p.925, $ 4. L. 96:.Entire section
lr-; Zi;, S r, "tf".ti"" vtay z. t . 2000: Entire seition amended, p' L303' $ 6' effec-
food. McMillan v. Hammond, 1:r Colo. 40' 404 l
P.2d549 (196s).
A courity sheriff was entitled to possession of
a room in the jail for his use as living quarter,
notwithstanding the county commissioners had
designated it for another PurPose. Richgl-v-'
Boaid of Comm'rs, 95 Colo. 153. 33 P.zd 971,
(1e34).' When a sherilf kn6ws that his prisoner has
been refused bail, it is a contempt of the court
refrrsin! the bail for the sheriff wilfrrlly to permit
the priloner to be at large. Robran v. People,
173 Colo. 378, 479 P.zd 976 (197r).' Sheriffuust comply with home rule charter of
Weld County in afpointing and dismissing
deputies where deputy sheriffs are- subject to
county personnel system as set forth in county
policy manual. Board of County Comm'rs v'
hrd.b*t, 687 P.zd 457 (Colo. App. 198a).
Applied in Tihonovich v. Williams, 196 Colo'
t44,s82 P2d 10s1 (1978).
ersheriff or
ting, under
.corder; but
oru
$ 100. cRs
1:308.5, C.R.s.
the prisoners-in
,r whose acts
$ 101. CRS 53;
4, effective J
26.
Lreferences: For the legislative declaration contained in the 2000 act amending this section,.see
6;i-;;;;t;;ir, S;*iil Laws of colorado 2ooo'
0.i0.St3.5. Authority of sheriff relating to fires within irnincorporated areas of county
;tlityi;;=;q;"rr"" iil i;) The sherift of any county may request ,t:t!T:._ l._"1,"
protLction district or niuni6ipatity in contro-lling or extinguishing a flre occurrrng on prr-
,t;ei"p*i,-ii, ilih"lrdg;;i of-'suit streriff, tfre tue coistitutei a danger to the health
rrut"iy.itt i, publiioriiisk ofs"riour damige to property. Except as provided in sub-
; and
; and
For note, "Prisoners' Rights:
Security", see 42ll. Colo. L. Rev. 305
t'
l.
t,
i
ir
10-514 Government nty 308
X':'-",1'!'J,Xll?:in"fl? t1J"ffi#?"?lfffflIJy or municiparitv assistins_in_cgltljrrns
propertf the n Z o..r.rr.a or from rhe nartr, -^:t::*^fi""^T the property oilner on *G'E
lf :?::'J"*"'ff mU',,1"":I""eF!;;;q'6fi[iJij1,ile"#,T#.::ili&'#?::
district or mrrnirincti.,, jT:lj1:^d. costs resulting from such assistanri. in" fire proil"t#districtormunicipalityruyi-"-.*;;,ilild;".,il#irffi '"fffi u,,Xirl,',"rryr,;;owner or the resoonsible party.or may, by i"torrtion
"riir u...i"i!oi"r.og body adr:*lli#iHl""lT_',1'1:J":*Rl;*:i1iir:q;;;;:;:",1?i,"dih*,"Io*,, treasureramount o r anv co srs- incu rred tr, "i'"*u'", ;;iiiii.,IJe Xi#tlilff :ffi'J, hHTHIsreater than one hundred eightv days. s;;lh;;'ttr*^;F.i;r;bd;;'B;iil upp"ur process arall other remedies. if any, piovid"a'i" trr"':.iiaie edministi#r" pi"""aure Actr,, articre.fjlt"rl,",*i;Tffif,,31"1i::-::.q,:;Tj"3l municipaity prevals, the amount cerrin,shal be coilecred bv the tr6asu'";iltil;;-##ilI#l'JJ:l?ll';lti.l,??i1'""i:*ry,
li:]it|:l'ffill;".Xti,:s_ro_roi, Cri.ilif a"r,uy tr," "*i,li."riJction, the treasure(b) For oumosec "rlil5?,i*3i^1rj.:q::l
to ten percent of the amount torrlei"i. -..i
( b ) For p um o s ei-,ilhf ;b,ffi r 1i)
xft ""i!!5Xi;l!"",,1 ;l,H: Jf,#::;91h.ji*, ;
,"!,]J* riaH,ffil:T,t,".ti#it'#;:::i6t"i"a *ith-;"tu;'i-i"",i", disrrict or munici(rr) (Deleted bu
"T:19,T-".nt,L.93,p.1253., $ 1, effective July 1, lgg3.) ,.1(2) (a) An owner ot private property who has contracted with a f
[l:ftt,f,i:[[t:i="tf :{,#iifi i,tr#]T,".T,iix:t":Tf ,xrftffi xJi*]tifffon such propertv, the sherirr
'r,"ii ""r" "lJJ#h?ffi:-Jl#Hlr:t,ii.'*fl"":such district. rf the distric^t a""i""i i"rp"iffi;ih;ri;il^r';#ffiie attempr ro s,ff:l,f:::.I*:T":y^:j_11,; g$;$ f!&ii"! such district has mutuar aid asreenIf seryices cannor beiecured, *;.rh;;,rr;;;;:"ii4lf[T"jrHfrTi?i1.JtrTrT;tection services from any otrrer aisiricilr'*rii"ip"riiy,ffi,?ffii::! are provided.
llli,'Jfi ,il"L,iflfl J*.,,,il,,J"i,",]tiulliii'tji;ti:*at#"##$H".
-?l1"r3loyided in subsection (1) bf tf,i, ,""tion. r.:l
l lI" j-;"'*",::i jlf iL! ""*j* iT,i* jli rft e
.
t o s e cur e rir e pro t e cti o n s e r vi clrequired bv paragraph rul "i tr,i, ,',1u";.ii;r^[ffi,llr"r'n"Jii,,,1i[ #:,ff|,i:;,i]l:conduct, gross negligence, or bad faith.-
- ---^ .-
lJ*l,i,li:llfi ':?',,?Tl,:l-i:f H:il'jfir"rti3l;*i.*:,:*.j"*."*,I^r-,gi:+io*n",p.ouiaing such notincation shal notIiabre ror -v .o'ti ;il;; ffi #li"fiI5J,ir?,l*#ilf',flJ'ljffi"',1,?f,::n'ffii"i::ll*9
lff :,H#'#1fl',iffi,lillil"'fi li':ff#Hil''3;p ;;ip'ffi iir.iifi
"gorwarnings.
Source: L. E9: Entire^section added, p. 1279,.g! effective April26.L. 93: (1)
ffi$9]"oo"d,
p. 1253, E r, "tr""iiu"-irid'i.7.'zooor(l)(a) amended, p. 1304, E 7,
ofiix'":.':ff H?'JH jll,."r;,,,,"1,#,3;.iffi :,:ls:iHffi iitTe2000actamending
30'10'514' Sheriff to transport prisoners. It is the duty of any sheriff tr
;ff H#,",:XT:::?i:,.1,?:l,Tlif -giry:gr,""iio,iz-ii,oi,c.ii.il,"jl",r,nnementroconvevi..,"h-i;Lairffi ffi;iff H-:i:;#X j;,t;#'i;.1i"":lH:x1?.;
X,1"",il#ol?l;.r::1"::,:::*"111.yp#a,lio *r,o are ready ror such transporri:y*,:gltuilsorne.grects_r"*r.y"ri1r,"-ffi ffi :;ii,ffi1?"i:'r:H:f:ffi ,"ffcommlssloners may disauow any sirch ,n"ririt uil for such extra tripi as in their disare unnecessarv. This secrion shil not "ppt;lh" ;d;di;;:iif,r,rrur".
Source: L. 1897: o.256,g.1 _R.q. 08: g 1282. C,L. $ g757. CSA: C. 45, $ 104. CRSs-14. C.R.s. 1e63: g zs_i_ii.i.-1s#;il;:il;n amended, p.704, $ 83, effective
cross referencesl For necessary expenses of and mileage alrowance to sheriffs foroners, see $ 30-1-10a (1)(w).
May-Z1-2003 02:56prn
SF]v? BY;
Fron-EAGLE C0UNTY SCH0OLS
'9e
s703e8t 024
1l :14 ;CooEur I ryDeve t oFae.
T-126 P 002/01
be prepared, dated aIrdPerscns as follarE:
(i)
(ii)
aiaiuize iaqeases ,n rE1lErrri-rrcErrBr, suqh, ae urdergroui:a gr=ki*rg;
!!a.;sir+.EB i:ge cf gpen spac. "E f1 fE'
=:3!-s:i.-rc
uitigate r-u. tlpae, orJ.J:creBseq, ilrFeravieus ccrver. begey:rspgE shal} presegE ttggG
Il3,!flltoFes Ebarl-au-egrr ro
-:rdieripF tt" pir.en{agi*ii#"=..
Ln ]-EEer.Irforlra c3vet.s Era-iar-ai ,o rin i.upenr cavers prajec-_ed aE afesultr of cte.veLopaent.
o)Ficns and. reports s$aL]signecl Ey professlonal
T
ll
ll
ry*"k
(r) L€g1I desci5ltien and, EB!6 - bw aprogsssicnal. Ien4 su::rreyos ti=insed, .!=, tEegta--e of, Coloradei
(2) :H*H' "iE'*i=3l'$,?il"ffirinaseterceionp=cfessiolal englnjer ffl$s.e i^e"tieS-,.a-*e of Cclofado,
(3) soi.l.s regorEs_ - !y . prcfessicnal enEi.neqricensed ir ts= siare- "r coiJrio] ilEi*r"r.,,eriElaged in Ehe Facti,ge of solis
(4) talrdscaFlng plans - by a liceqsgd,4rchieec, or laJrdscapl arebitect;
'(5) Geologic r.pofr! - hryr a professi.onalgeoloEis: ai {aftnea- 1rr -cl"pte=-Sil-C.R.S.. L9jl, EIs iaended,.
(6) Hild='i:c reEross - by a 3rrofessional" foreseer as Eec,ogrrizia uy ur*-GrJie.9Eate porEst Senrice.
9chool Land DerticaElcn or Cash lo Lleu Etsereof:
Ptssuant to secElofi 30-2E-I33 ({l (a}. C.R.S..1s73, 25 auende{r tle s,r^r+t;id#.oi' riii'ii'r."ts
iqifiiiii* ffH"E'it*:;osi;i$":i;;;y1", Elet_l al.rocasc and corlv€y "i.G-iif iiieesees tor schools shao suclr ai" ,"a=onallvneceEEes!, t,o r€Eve_che. propoeea sub4lvGliu anAEhe tuture resicrenEs ttsErets, -by-Eil-iiiiilIi"o
ot fortlulae set forth UeiJ,ri
Single Pa.ulty E DuFl.ex
lfr:sber qf qniqa X . Al4+9S 'o Dedicqtion Reguirenans :n Acres
204
l,|ay-21-2003 02:57pm
SRII BY:
From-EA0LE COUttTy SCHOOLS 970328 I 024
ll I 15 ;Conoua I ryDeve I opcer
T-I25 P 003/0t0 F-882
-A a,;=z/ 4
94;
llrtlui-Fa.aily
NuEber of qnits x .002676= Dedicarion neguisen*nt'il lcres
lrobite lIctre
Nqnbe= of unlts X , OzA3OO- Dedicaciog Reguiresiiut-in Ac=es
5l:lrll*g i"-l:li:orBd_ror'ure prEpose ofI3";:SI3 r=:*fi^ij:{. itE.ifE:=L3I,ui.aiiJ=**- br - cre- r= :_:y; il;*".. "i*Tii=":"i :3
iEEl" ITI-1 ^3'9- =eil *_l;#;i":f,$.$"ScjroOl Oisz--ici €E *s.rlr4]$ec[ Dy Etre
ctevero.er! o=,rtT-3.r-:fp+Ie- lanner rtnrirE:ffi*.:*:li:i:_i1e E:iiH"oHlnff H:'SS"H"I:i ffJ::i;i fi=-;i*.=!;l_ IeHt.o o,ffi":f"*il:l::=i:!. - fi-;#;ff .L*iTi:
j*::*..ptsr*s!- iii;*il,;-. ;d#HJt"I=::*:::*?: gT _ 39*-J!f,EBr "IiiETff"iEeasorabry necessatr/l i!. s"iia ,ai,-'ii ur*resu€sr or ure scbeii uistii&,; ;ii I..id.i"ne.
H::.::;i: 3g-i*_areas for schools a::e notr:iffi ?lf ll.n:::=:::v-::.-i:.G tr;;in|IEuil:";;Ei:,,.,ffi :3:3i5: i:: ili"E5"Liiix",,the Eoa-rd, vi=r ;;;#;;.-.ill.'*tots Eiretacrf -
Disr=ie_r ..+ ._*iS"*:ii1:1ons. rros ene_i"llofl:Hlf H.; i-=*;:-ryi$;'EliiilH, T;" iiregui;:g. in fleu sf $rch-;;rri*ittto=' EltaLf
pal66nt-.;1n ca-=i hu vx^ -..hr:--={ance^of la{ld. t5e
ffi y::..*:.-=I*:y-.yf :Cii*,iiE-Xc " L'ffi;5li;.J", H= i:* T:^i.il_ ;ilili-Gi o !. ";*" iB[gltes a'a r"ia lid-ilr*fti"'IrI
ili*.H"fi*::S-jbiJj- r.T- p. cqr?reni DancEt
i",,*i:Ulli:tl ffi "p#*il=L -mii ,,aiire sharJ be
:H-:::=-t_ :" J; iI_! *rli
i=. ",TI{
;g:TIi:.:::="::y-Hi, i5iir,iilor".. rhe;*i#r"* pei acre *rair-ue-ii.I.;ts;ffi.ulTu.Caunty.
IT:1 Bcne:, in tiau of ragd is :uonics hair-u.i' aaizr r- -.- -:eq:led or rrhen:i'il:ooil;, !:::,;:ii-F. h;- ri:S'83'oLIoEl."frlr5"E1t3';:l*- il!"ii ;:- :ifiil" I =ff *iri"i:3:*S"3" i3'- :::E- 1d:Ft! "i:iiiSiti;n'I,
:i'::ffi:ii#ff i:r* ::.::-ri.i]ii:lirH*.riooor schpor' riciiiili+ :i .rrt3ilfi"::ffi:ri:1"t'he Purshase of eaployee [Eoiiirs ,.juu.+-s for r1,e
ff a subdlvlcier doaq rra+ tF-^p.I alTtr ;*h-rffff"ffi18"-.Tt5. tle value'I arauri"aGJprai==;-4"-il lHi": :;n:E .,!r.4. r., wlricb' istalfiiani' o-i", yafse. EEeBoa=d of corurt..r ccuoiiii"nl=s-.loll rgrriew suslrrepore and cetir:nin;;#-i;ii. o, such rand-
?05
May-22-2003 0$:52am
S.T BY:
From-EAGLE C0UI{TY Sl.ri00LS gI0328l 0e4
ll :16 ;Coogus I tyDevel opqeo
T-733 P.002/002 F-90t
;*3/*u J4;
(2)
?.18. O2 riw.Fffqag pr.lg age:ttr
1).
School Dist:rict or f6r thc devefoFEe.nt of saidslaes- f.f Lcusjrrg upr-,= are prucLiE"a,-; ;;A Iaestrici,lon ;egt;ic,Eestrictlou regt;!c^{-ug tbeir qse ts Sib,ool,Distrists erployee lorlsing stra.LL Ue recuirearequired anct:p55:qe siat! reuair i-i trre nau" "J=Iil-i.EorDistri.e*,
nade.
grJ--gg.iai r:
lre flflcw$g addiEionsl hsoraacion lrL1J, berr$rEec vuen aStpiicable:
qJ
(1)Envi--6p5-r.gal Iapaet Repore rrhen fe<rri-red,fy -Seccion 2.10, - of uleie a.Suiet=;;;:b;rndepentreRr, qqal'lfied ;rrofeesloasJ.CC:E!UItaEE.S crr ;lersonnel.
A coapleted S€cLitrn 4O4 - U. s_ ArEf ccrltEog EngiJreer,s Dredge ard piLl permiiapFlicacion for srrlaiv:sioo, vt icl-p=oposeEo Eodi:y Lhe exi-sc,l.:g chBtrlrel ofnavlgable st--eaEg.
!1 appfieation for an Arpa or l*,iviEy ofstete rntescct vtsen requii"a-uy efraliir--Er.
(t)
The Deprraents of- comunitlr Develogment aball transnitP:iRLr of t+e nreriullary ir,ii gor-Jom"""--ioo
EecsunendaEtons
.
to rha -iill;;errIi;-ilIllii"i'L
Section Z,l7.OZtL)
2)Eue agenc{es refer=eC !o j* Secrion 2.IZ.OZ(f) s}allDal." rec.trEendations uitlril lS _days afte.r ti-e'nailing!y .u" corrnty or irs auiriEiiicd,_EeFresehraE{rre or suctrplans snlcss r necessarv extensiil-;f-;;;;i. ,1.r, rodays has been congort.a_t-- [i'tb. su]ctlvirter EnC tstrecouirElt ccruissiolels. tue giilsre_ of any agerea, rorerpond ritlr-in 35_Oeys_ or vf*rin tUe p.riod-&
"r,€xcE"ton shalr,_go{rr= pudiiie or tfre nii=Gs oE rteplan, be deened, an apprqvir or iye! pfinlJiiiJpt.Ehat,rrltere 6.ea pra$ tnvoii'ei r""nEv. rzol'ii-ioil-;we*ingIulr,t', a scboor disrrlcc strari'b;-i;q,risEi'io--r.uoritvlEhj:r said riue,firii-spIcfii" EecoEnendacions vitltesl,ec;r ro rhe adequaqy 6r schooi =iIE='-liJ-i["adeqrrBcy of schooi -strircrurei- -
206
ffi Dedicaciiir.=
=eqUi-red of resubClvisions of tieland '"nen i dedication bis -p;;;i;rrsl; fr;"
COMMUNITY DEVELOPMENT
DEPARTMENT
(e70) 328-8730
FAX: (970) 328-718s
Email: eccmdeva@eagle-cou nty.com
www'eagle-count,'com
RE cErvED
},lAY 21 2003
Ms ramer" n"gffilnltot? 8trtl|*'.h
Garfi eld County Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
NIay 23,24A3
Re: Proposed Sweetwater Perennial Subdivision Sketch Plan
Dear Tamera,
Please be advised that Eagle County, as an adjacent property owner, is in receipt of a referral
regarding the development of a 18.2 acre property located on Sweetwater Road just west of the
Eagle County - Garfield County line.
The property currently accommodates a single family residence and agricultural uses. The
applicants, Sweetwater Perennials, propose to subdivide the property into three lots ranging in
size from four (4) to nine (9) acres, which is consistent with present Garfield County zoning, and
which would allow for the construction of two additional dwelling units. Present Garfield zoning
also allows accessory dwelling units, bringing the total potential density for the development to
six units. The property has agricultural water rights, and historic agricultural uses are proposed
to continue, to include greenhouses. No commercial uses are proposed. Access to the property
originates in Eagle County via Sweetwater Road, and the three lots would be connected to this
road by a single driveway. Domestic water would be provided by private wells, sewage disposal
would be by ISDS.
Lands to the east of this site in Eagle County are presently zoned Resource, allowing for lots of
35 acres or larger. Eagle County's Master Plan Future Land Use Map (FLUM), indicates a
designation for this area of "Rural", which also contemplates densities no greater than 1 unit (+ 1
accessory unit) per 35 acres. However, the "Rural" designation does provide for "small
concentrations of homes surrounded by relatively large tracts of undeveloped lands".
As such, Eagle County would ask that the following be considered during the review of this
proposal:
1) The ability of Sweetwater Road, in its present condition, to adequately and safely handle
the traffic anticipated from the proposed development.
EAGLE COUNTT
Eagle County Building, 500 Broadway, PO. Box 179, Eagle, Colorado 8163 l-0 179
2)
3)
4)
s)
6)
Safe sight distance requirements at the intersection of the proposed driveway and
Sweetwater Road.
A requirement for engineered septic systems, given the apparent proximity of the project
to Sweetwater Creek.
The response time of the Gypsum Fire Department to this site, and the need for both an
on-site fire fighting water supply, and the application of siting and construction practices
designed to minimize wildfire hazards.
Impacts to wildlife, and the fact that Eagle County Master Plan maps indicate this area as
deer and elk winter range, elk severe winter raru3e, and a likely location for Golden Eagle
nest sites.
The general compatibility of the project with adjacent dwelling unit densities, and the
possible setting of precedence for similar development along Sweetwater Creek.
Thank you for the opportunity to review and comment on the referenced proposal. Should you
have any questions, please don't hesitate to contact me at (970) 328-875I.
Cliff Simonton
Planner
file
MEMORANDI'M
To: Tamara Pregl
From: Steve Anthony
Re: Sweetwater Perennials
Date: May 28,2003
Thanks for the opportunity to comment on the Sketch Plan. My comments are as follows:
1. Noxious Weeds
A.
B.
Inventory and mapping-The applicant needs to map the property for the plants
listed on the attached Garfield County Noxious Weed List.
Weed Management-The applicant shall provide a weed management plan for the
inventoried noxious weeds.
2. Revegetation
If the applicant pursues the subdivision, Garfield County has requirements for areas that
may be impacted by soil disturbances. These would be for areas outside of the building
envelopes.
These may be road cuts, new driveways, and utility disturbances.
The revised Revegetation Guidelines from the Garfield County Weed Managernent Plan
calls for the following:
A. Plant material list.
B. Planting schedule.
C. A map of the areas impacted by soil disturbances (outside of the building
envelopes).
The map must quantiff, either in terms of acres or square feet, the amotrnt of area
to be disturbed
D. A revegetation bond or security for the disturbed areas to be reseeded at
Preliminary
Plan and prior to Final Plat.
The security shall be held by Garfield County until vegetation has been successfully
reestablished according to the attached Reclamation Standards. The Board of County
Commissioners will designate a member of their staff to evaluate the reclamation prior to
the release of the security.
GARFIELD COUNTY NOXIOUS WEED LIST
Common name
Leafy spurge
Russian knapweed
Yellow starthistle
Plumeless thistle
Houndstongue
Common burdock
Scotch thistle
Canada thistle
Spotted knapweed
Diffuse knapweed
Dalmation toadflax
Yellow toadflax
Hoary cress
Saltcedar
Saltcedar
Oxeye Daisy
Jointed Goatgrass
Chicory
Musk thistle
Purple loosestrife
Russian olive
Scientific name
Euphorbia esula
Acroptilon repens
Centaurea solstitalis
Carduus acanthoides
Cynoglossum fficinale
Arctium minus
Onopordum acanthium
Cirsium qrvense
Centaurea maculosa
Centaurea dffisa
Linaria dalmatica
Linaria vulgaris
Cardaria draba
Tamarix parviflora
Tamarix ramosissima
Chry s an th emum I euc antlt eum
Aegilops cylindrica
Cichorium intybus
Carduus nutans
Lythrum salicaria
Elaeagnus angustifulia
Reclamation Standards (Adopted May 7, 2001)
I. Site stability
A. The reclaimed area shall be stable and exhibit none of the following
characteristics:
1. Large rills or gullies.
2. Perceptible soil movement or head cutting in drainages.
3. Slope instability on or adjacent to the reclaimed area.
B. Slopes shall be stabilized using appropriate reshaping and earthwork
measures, including proper placement of soils and other materials.
II. Soil Management
Topsoil management shall be salvaged from areas to be disturbed and managed for later
use in reclamation.
m.Erosion Prevention
The surface area disturbed at any one time during the development of a project shall be
kept to the minimum necessary and the disturbed areas reclaimed within ninety days to
prevent unnecessary or undue degradation resulting from erosion.
A. The soil surface must be stable and have adequate surface roughness to reduce
run-off, capture rainfall and snow melt, and allow for revegetation.
B. Application of certified noxious weed free mulch or erosion netting may be
necessary to reduce soil movement, retain soil moisture, and promote
revegetation.
C. Soil conservation measures, including surface manipulation, reduction in slope
angle, revegetation, and water management techniques, shall be used.
D. Sediment retention structures or devices shall be located as close to the source of
the sediment generating activities as possible to increase their effectiveness and
reduce environmental impacts.
V. Revegetation
When the final landform is achieved, the surface shall be stabilized by vegetation or other
means to reduce further soil erosion from wind or water, provide forage and cover, and
reduce visual impacts. Specific criteria for evaluating revegetation success must be site-
specific and included as a part of the reclamation plan.
C.
Vegetation production, species diversity, and cover, shall support the post-
disturbance land use. Areas where the post-disturbance land use does not
include lawns, gardens, and flower beds; shall approximate the surrounding
undisturbed area or be revegetated to a desired plant community with a
composition of species and plant cover typical to that site.
The vegetation shall stabilize the site and support the planned post-disturbance
land use, provide nafural plant community succession and development, and be
capable of renewing itself. This shall be demonstrated by:
1. Using certified noxious weed free seed.
2. Successful onsite establishment of the species included in the planting
mixture andlor other desirable species.
3. Evidence of vegetation reproduction, either spreading by rhizomatous
species or seed reproduction.
4. Evidence of overall site stability and sustainability.
The revegetation plan shall provide for the greatest probability of success in
plant establishment and vegetation development by considering environmental
factors such as seasonal patterns of precipitation, temperature and wind; soil
texture and fertility; slope stability; and direction of slope faces.
To insure the establishment of a diverse and long-lasting vegetative cover, the
permittee shall employ appropriate techniques of site preparation and protection.
species diversity should be selected for long-term land uses and to provide for a
reduction in visual contrast.
Where revegetation is to be used, a diversity of vegetation species shall be used
to establish a resilient, self-perpetuating ecosystem capable of supporting the
post-disturbance land use. Species planted shall include those that will provide
for quick soil stabilization, provide litter and nutrients for soil building and are
self-renewing.
Integrated Weed Management (IWM) methods shall be employed for all noxious
weed species on the Garheld County List. Weed management methods shall be
used whenever the inhabitation of the reclaimed arcaby noxious weeds threaten
nearby areas.
G. Where revegetation is impractical or inconsistent with the surrounding
undisturbed areas, other forms of surface stabilization shall be used.
Contact Steve Anthony, Garfield County Vegetation Manager, at970-625-8601 for
information on weed managernent and reclamation.
Contact Dennis Davidson, Natural Resources Conservation Service, at970-945-5494,
ext. 101, for reclamation and seeding recommendations.
A.
B.
D.
E.
F.
lhy-23-03 02:llps From-Ealle Courty c---'rni ty Dsvelopnent 970 328 7t85
COMMUNITY DEVELOPHENT
. DEPARTHENT
(e7o) 3?E-8710, FA)((e7o) 328-7t8s
Email: eccmdeve@eagle-county.com
wvr rv-elgle-co unty-com Enem_couNn
Ms. Tamera kegl
Garfield County Planning Department
108 8'h Sueet, Suite 201
Glenwood Springs, CO 81601
May 23,2003
Re: Proposed Sweetwater Perennial Subdivision Sketch Plan
Dear Tamera"
Please be advised that Eagle Courty, as an adjacent properry olrner, is in receipt of a referral
regarding the development of a 18.2 acre property located on Swcctwater Road just wcst of the
Eagle County - Garfield County line-
The property currently accomnodates a single family residence and agricultual uses. The
applicants, Sweetwater Percnnials, propose to subdivide the propeny into three lots ranging in
siie from fou (a) to nine (9) acres, wlrich is consistent with preseot Garfield County zoning, aud
which would allow for ths constnlction of two additional dwelling units. Prcsent Garfteld zorring
also allows accessory dwelling units, bringing tbe total potential density for the development to
six writs. The property has agriculnual water rights, and historic agriculrural uses are proposed
to continue, to include greenhouses- No commercial uses are proposed. Access to thc property
originates in Eagle Corurty via Sweetwater Road, and the three lots would be connected to this
road by a single driveway. Domeslic water would be provided by private wells, sewage disposal
would be by ISDS.
Lands to tle east of this site in Eagle Counry are prescntly zoned Resource, allowing for lots of
35 acres or larger. Eagle Cor.rnry's Master Plan Futrue Land Use Map (FLUM), indicates a
designation for this area of "Rural", which also contemplates deosities no grcater thatr I unit 1'r t
aceessory unit) per 35 acres. Howev6, the "Rutal" designadon does provide for "small
concentrations of homes sunounded by relatively large tracrs of rudeveloped lands".
As such, Eagle County would ask that the following be cousidcred duriug thc review of this
proposal:
1) The ability of Sweerwater Road, in its present condition, to adequately and safely handle
the traffic anticipated from the proposed development.
Eaglc Counry Buildin6, 500 Broadway, PO. 8ox 179, Eagle, Coloado 8163 I -01 79
P.002/00?
li|ay-23-03 02t24pn From-Eallc County C^!{{ni ty Dsvaloplcnt 970 328 7185 1-124 P 003/003 F-5II
Safe sight distance requirernents at the intersection of the Proposed driveway and
Sweetwater Road.
A requiremenr for engineered,septic systems, given thc apparent proximiry of the project
to Sweetwater Creek.
The response time of the @psum Fire Department to this srte, and the need for both an
on-site fire fighting water supply, and the applicatiou of siting and consmrcdou practices
designed to minimize wildfire hazards.
Impacts to wildlifg and the fact that Eagle County Master Plan maps indrcate this area as
deer and elk winter range, e1k severe winter range, and a tikely location for Goldeu Eaglc
nest sites.
The ganeral compatibility of the project with adjacent dwelling unit densities, and the
possible serting of precedence for similar development along Sweetwater Creek
Thank you for the opportunity to review and comrnent on the referenced proposal. Should you
have any questions, please doa't hesitate to contaot me at (970) 328-8751.
Sincerely,
CliffSimonton
Planner
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