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HomeMy WebLinkAbout30.03 BOCC Staff Report 04.18.2016 Planning Commission RecommendationBOCC April 18, 2016 DP 4. That the application has NOT adequately met the requirements of the Garfield County 2030 Comprehensive Plan. 5. That the application has NOT adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. XI. PLANNING COMMISSION RECOMMENDATION AND BOARD OF COUNTY COMMISSIONERS OPTION FOR APPROVAL WITH CONDITIONS These applications were heard before the Planning Commission on January 13, 2016. At this hearing, the Commission voted 4 to 3 to recommend Approval with Conditions. Should the Board of County Commissioners consider a recommendation of approval the following conditions and findings are recommended by the Planning Commission. Below is a redline of the conditions of approval from Resolution 2011-84 showing the Commission recommended changes. The below redline is applied for content changes only, not changes to format or numbering. Please Note: Unlike many other developments in Garfield County, REC is proposing "Phase 0" improvements to be done prior to the first final plat. As a result, Staff has requested that certain information be provided prior to grading permit and Phase 0 improvements while other information be provided prior to the first final plat, when legally sellable lots will be created. In addition, the Resolution of Approval would supersede Resolution 2011-84. As a result, the waivers from standards identified in the Findings of Resolution 2011-84 will carry forward to this new resolution. SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the request for a Planned Unit Development (PUD) and Subdivision Preliminary Plan may be in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County with the following conditions. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County 2030 Comprehensive Plan. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. 6. That the requested waiver from Standard §6-202(D), Bicycle traffic accommodation, of the ULUR of 2008, as amended, is not granted. 61 BOCC April 18, 2016 DP RECOMMENDED CONDITIONS OF APPROVAL 1. That all representations made by the Applicant in the application, and at the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The approved PUD Site Plan, PUD Guide and Subdivision Preliminary Plan are attached to this Resolution as Exhibits A, B and C, respectively, and are incorporated herein by reference. 3. The Subdivision Preliminary Plan approval shall be valid for a period of three years, or until the first final plat has been recorded received a Determination of Completeness in accordance with Section 4 103.0 of the ULUR, whichever occurs first. 4. The Applicant shall provide a more detailed cost itemization for development improvements, including soft costs. This updated cost itemization shall be reviewed and accepted by the Garfield County engineer prior to issuance of the grading permit. 5. The maximum residential density permitted in the River Edge Colorado project shall be 3662 dwelling units. 6. The Affordable Housing Agreement will be required by the BOCC to be executed and approved prior to submittal of the first final plat. As proposed, the phasing schedule attached to this PUD Guide and total number of units (55) are to be incorporated into the Affordable Housing Agreement. To finalize the Agreement, it will be necessary for the Applicant to collaborate with the GCHA regarding their comments and concerns. The Affordable Housing Agreement shall to be recorded and executed by both the property owner and the BOCC prior to submittal of the first final plat. 7. The Applicant shall update the wetland determination with the Army Corps of Engineers for the subject properties prior to submittal of grading permit. 8. The Subdivision Preliminary Plan is hereby vested under the LUDC effective July 15, 2013 and last amended December 7, 2015. All future amendments to this Subdivision Preliminary Plan or PUD shall be reviewed pursuant to the Land Use Code and Development Code in place at the time of submittal for that amendment. 9. The revised Development Agreement and Phase 0 Improvements Agreement shall be recorded as provided by state law and in conjunction with this Resolution. The following amendments shall be made to the Development Agreement and Phase 0 Improvements Agreement prior to recording. a. Development Agreement: i. The Applicant shall amend the Development Agreement to remove reference to treating changes in the sequence of Filings in the Phasing Plan as non -substantial. The process for modifications to the sequence of Filings shall be consistent with the Land Use Code in place at the time of amendment. ii. The Applicant shall include the Phasing Plan, identified as Appendix C of the PUD Development Guide, as an exhibit with the Development Agreement and modify the relevant references within the Agreement as appropriate. 62 BOCC April 18, 2016 DP iii. Should the BOCC not find the new timeline for expiration appropriate, the amended Development Agreement shall be modified to reflect the approved vesting period. b. Phase 0 Improvement Agreement: i. The Construction Plan shall be recorded as an attachment to the Phase 0 Improvements Agreement. ii. The Applicant shall provide a draft of the agreement with explanation as to how the landowner and District are incorporated prior to recording of the Phase 0 Improvements Agreement. This documentation shall be reviewed and accepted by the County Attorney's Office prior to recording. iii. Additional language has been added to the Indemnity provision of paragraph 4 of the Phase 0 Improvement Agreement. This language shall be removed from the Phase 0 Improvements Agreement. 10. Grading Activity / Reclamation a. The applicant shall obtain a grading permit prior to initiation of the on-site activities and improvements as set forth in the Phase 0 Improvements Agreement. b. Revegetation security shall be provided at time of grading permit in accordance with the terms of Phase 0 Improvement Agreement. c. No activity related to reclamation or development activity, including Phase 0 Improvements, of the project shall occur until such time as a State Highway Access Permit (SNAP) and Notice to Proceed has been issued by the Colorado Department of Transportation (CDOT) for Terrace Parkway and the South EVA. d. The Applicant shall revise the grading plan and obtain any necessary agreements and/or temporary easements for grading along the north property line which shows incomplete contours, trespass on the adjacent property to the north, and creates drainage ponding areas. The revised grading plan shall be reviewed and accepted by the Garfield County engineer prior to submittal of a grading permit. e. The Applicant shall revise the applicable Preliminary Plan / Plat documents to show and label storm drainage culverts. The revised plans shall be reviewed and accepted by the Garfield County engineer prior to submittal of a grading permit. f. The Applicant shall revise the necessary Preliminary Plan documents to designed the release structures and routing for discharges from the water quality pond. The revised plans shall be reviewed and accepted by the Garfield County engineer prior to submittal of a grading permit. g. The storm drainage shall be revised for the offsite flows flowing from the GCCI parcel into culvert c76 -a to alleviate concerns about potential flooding of downstream lots. The Applicant shall redesign the offsite flow into culvert c76 -a for review and acceptance by the Garfield County engineer prior to submittal of a grading permit. 11. Vegetation a. Prior to issuance of a grading permit or approval of a final plat, whichever shall come first, the Applicant shall provide a management plan for noxious weeds on REC property and, if agreed to by the Roaring Fork Conservancy, on the Conservation 63 BOCC April 18, 2016 DP Easement. b. The Open Space Management Plans shall be amended to remove the 5% requirement prior to treatment of noxious weeds as state statute requires that state listed A and B species must be eradicated when detected, and the County concurs with state law regarding all noxious weeds. c. County Vegetation Management Director shall be consulted regarding the calculation of revegetation security. d. Removal of live vegetation or placement of any material within the thirty-five (35) foot setback from the high water mark on each side of a waterbody is prohibited except for irrigation and water diversion facilities, culverts, bridges and other reasonable and necessary structures requiring some disturbance within this setback. 12. Geology The Applicant shall comply with the recommendations contained within the Geotechnical Engineering Report submitted for the project, as such recommendations may be amended through further geotechnical investigations, including the items listed below. The geotechnical engineer evaluating the site shall consider the recommendations provided by the Colorado Geological Survey. a. Detailed geotechnical investigations shall be provided as part of the final design submitted for each final plat and prior to the commencement of construction on the site. provided, however, that detailed In addition, geotechnical investigations for pre - development reclamation (Phase 0) activities, which activities shall be conducted as part of obtaining the required grading permit. Detailed cost estimates shall be included for mitigation done as part of the public improvements. b. Specific foundation designs for buildings shall be prepared by a professional engineer licensed in the State of Colorado and submitted at building permit. c. Subsidence and sinkholes are considered a potential risk across the site. The Applicant shall provide necessary mitigation where further geotechnical investigations reveal that the soil and bedrock conditions below critical road sections may lead to failure. Mitigation may include providing plans for alternate temporary access. "Critical road sections" are those road sections which if damaged by subsidence would eliminate access to lots within the REC project. d. If an agreement is reached with the Roaring Fork Conservancy to stabilize the base of steep escarpments, a copy of such agreement or plan and, if required, a copy of the easement between the Roaring Fork Conservancy and the owner of the River Edge Colorado property, shall be provided to the County Building and planning Community Development Department as part of grading permit application. e. All building permits will be required to provide an underdrain system shall be provided to protect below -grade construction such as retaining walls, deep crawlspace and basement areas. The drain shall be placed at each level of excavation and at least one foot below the lowest adjacent finish grade. f. Post reclamation (Phase 0) or post overlot/mass grading, as applicable, cut depths for 64 g. BOCC April 18, 2016 DP buildings, structures or roadways shall not exceed 15 feet and fills should be limited to 10" in depth and not placed on steep downhill slope areas. Permanent unretained cut and fill slopes shall be graded at 2 horizontal to 1 vertical or flatter and protected against erosion by revegetation or rock riprap. The grading plan shall consider runoff from uphill basins that drain through the project and at individual sites and water shall not be permitted to pond which could impact slope stability and foundations. h. Infiltration shall be limited into the bearing soils next to buildings by required exterior backfill to be well compacted and have a positive slope away from the building for a distance of at least 10 feet. i. Roof downspouts and drains will be discharged a minimum of ten feet beyond the limits of all backfill. Landscape irrigation shall be limited in accordance with the provision of the irrigation system standards submitted with the PUD Application to ensure water application rated to not generally exceed evapotransporation rates. A detailed pavement design shall be provided in conjunction with submittal of each final plat to determine if fine-grained soils exist that need to be removed. Where fill placement will occur as part of road construction activities in association with any final plat as part of the subdivision improvements rather than in advance of the final plat application as part of reclamation (Phase 0) or overlot or mass grading activities, a geotechnical report shall be submitted to the County Building and Planning Department for review prior to paving; such report shall demonstrate that the fill will achieve the pavement design objectives in the pavement design report submitted with the subject final plat. k. The soils type results in a requirement for concrete exposed to on-site soils contain Type I/11 portland cement (less than 5% tri -calcium aluminate). 13. Wildlife The Applicant shall comply with the recommendations contained within the reports of its consulting wildlife biologist and the Colorado Division of Wildlife, including the following: a. Lighting of open space areas, including indirect lighting and transient lighting from roads and homes, is not recommended. Street lighting shall generally conform to the lighting plan submitted as part of the PUD Application. Lighting of open spaces except that required around building in accordance with safety requirements is not permitted. Tall vegetation should be allowed or supplementally planted 10' off of the roadsides in areas where headlights from vehicles illuminate open space areas. b. Fences along roads should not be permitted exclusive of the elk fence along SH 82, cut and/or fill slopes along roads should be designed to facilitate wildlife movement except where retaining walls are utilized; this includes using native plant materials that mimic local native vegetation species and distribution in general conformance with the landscape plan submitted with the PUD Application. c. Trails within REC and continuous open space areas shall be closed by the Property Owners Association during sensitive deer and elk winter seasons. Dogs, outside of yards or dog parks, shall be on a leash year-round. 65 BOCC April 18, 2016 DP d. Wildlife friendly fences should be required in the Cattle Creek and Roaring Fork River corridors. e. Open Space Tracts are used as winter range; therefore, reclamation will need to occur using appropriate native plant species and vegetation profiles in general conformance with the specifications in the Reclamation Plan and landscape plans submitted with the PUD Application. Revegetation should occur as soon as possible. Noxious weeds should be treated bi-annually to minimize spread and impact on winter range. f. Dog and cat restrictions should include limitation of one dog and/or cat per unit (plus young up to 3 months); dogs must be leashed when outside of fenced yards; loose or uncontrollable dogs and contractor dogs are prohibited. g. Development of the REC project shall generally comply with the Erosion Control and Sediment Control Plan submitted for the project, and as more specifically detailed with each final plat, in order to reduce the likelihood of pollutants and sediment from developed areas from reaching Cattle Creek and the Roaring Fork River. Runoff should be filtered before running into the river, or caught and used for irrigation purposes. h. All utilities shall be buried. Applicant shall adhere to the Roaring Fork Conservancy Grant of Conservation Easement, recorded at Reception No. 559036 (Conservation Easement), and shall work with Roaring Fork Conservancy to mitigate impacts concerning trails, river access, and signage. Applicant shall forward any concerns regarding compliance with the Conservation Easement to the POA. Applicant intends that its obligations under the Conservation Easement will be assigned to the POA. 14. Access and Roadways a. Prior to issuance of the grading permit or submittal of the first final plat, whichever shall be submitted first, the Applicant shall execute and record the proposed easement for Terrace Parkway. The final executed and recorded easement shall be provided to the Community Development Department. b. Prior to issuance of a grading permit or submittal of the first final plat, whichever shall be submitted first, the Applicant shall submit a Roaring Fork Transit Authority (RFTA) corridor Crossing License from the Colorado Public Utilities Commission (PUC) for Terrace Parkway and the south EVA, if required by state law. If PUC review and approval of the crossing is not required the Applicant shall provide reasonable evidence from the PUC to that effect which is acceptable to the Community Development Building and Planning Department. c. Prior to issuance of a grading permit or submittal of the first final plat, whichever shall be submitted first, the Applicant shall provide documentation from RFTA and preliminary engineering plans regarding the acceptance of construction to grade ccparato cross the Rio Grande Trail at -grade in the vicinity of the project entrance and the south EVA. If construction collateral is not required by RFTA then collateral for this improvement shall be included in a County Improvements Agreement. The 66 BOCC April 18, 2016 DP Preliminary Plans of the crossing shall be reviewed and accepted by the Garfield County engineer. d. The REC alley design must include a design vehicle minimum of either an emergency satisfied this condition. e. The Applicant shall work with the submit a draft County Attorney's Office to develop a Termination of Memorandum of Understanding (MOU) (Reception # 824971) regarding Applicant's offer to funding and construction the of improvements to the east side of the intersection at SH 82 and Cattle Creek, and to facilitate the involvement of the various parties ncce ;vary to complete these improvements. Recognizing the significant impact the REC development will have on SH 82, the MOU will incorporate Highway Access Permit. The agreed upon termination document of the MOU shall be brought before the BOCC for review and consideration at a regularly scheduled public meeting. This agreement shall be executed and recorded by the CI, LLC and the BOCC prior to grading permit or the first final plat, whichever occurs first. f. The Applicant shall submit license agreements with RFTA and any necessary PUC approvals for bicycle and pedestrian access to the Rio Grande Trail along with preliminary engineering plans for the proposed connections at Terrace Parkway and at the Cattle Creek Intersection. The license agreements and preliminary engineering plans shall be reviewed and accepted by the Garfield County engineer prior to submittal of the first final plat. g. The Applicant shall revise the easement for the north EVA (Reception # 760451) to better depict the easement granted and attach and record Exhibit C. This easement document shall be reviewed by the County Attorney's Office prior to execution. The executed version of the easement shall be submitted prior to grading permit. h. Prior to submittal of the first final plat, the Applicant shall verify whether the bridge crossing Cattle Creek needs a floodplain permit and/or LOMR. Should the bridge crossing require a floodplain permit and/or a LOMR, the applicable permits shall be obtained prior to grading permit. i. The Applicant shall amend the plans to accommodate turning movements into Moraine Court from Trailside Drive. The revised plans shall be reviewed and accepted by the Garfield County engineer prior to submittal of the first final plat. 1• The Applicant shall provide preliminary engineering plans for bicycle accommodation along Terrace Parkway. These preliminary engineering plans shall be reviewed and accepted by the Garfield County engineer prior to submittal of the first final plat. k. South EVA: i. The Applicant shall obtain a CDOT Access Permit for the south EVA, as proposed. The Applicant shall demonstrate approval of the CDOT Access Permit prior to grading permit. 67 BOCC April 18, 2016 DP ii. The Applicant shall either amend the plans to meet CDOTs grade requirements or demonstrate that CDOT has accepted the proposed grade for the south EVA road prior to grading permit. iii. The Applicant shall provide a RFTA license for a crossing of the Rio Grande Trail at the proposed location for the south EVA that will permit access for emergency vehicles from the project area to Highway 82. The Applicant shall submit a copy of the RFTA license to Garfield County prior to grading permit. I. Bicycle / Pedestrian Underpass i. The Applicant shall redesign the underpass to meet applicable CDOT and AASHTO Standards for this type of facility. The redesign shall be reviewed and accepted by the Garfield County engineer prior to submittal of the grading permit. ii. The approach to the underpass as proposed does not meet the standards for shared -use facilities. The minimum width of the approach shall meet CDOT and AASHTO Standards. The Applicant shall submit a design with an approach which meets these Standards. This redesign shall be reviewed and accepted by the Garfield County engineer prior to grading permit. iii. The Applicant shall provide a lighting plan for the bicycle and pedestrian underpass. The plan shall be reviewed and accepted by the Garfield County engineer prior to grading permit. iv. The applicant shall prepare a draft agreement for ownership and maintenance of the underpass by the Cattle Creek Metro District to be reviewed by the Garfield County Attorney's Office. Prior to submittal of the first final plat, the Applicant shall execute the agreement following County review, and submit the final executed version of the agreement with the first final plat application. v. The Applicant shall coordinate with the Garfield County engineer and Road and Bridge Department detailing the trail from the bicycle and pedestrian underpass to the County road network on the east side of Highway 82. This detail shall be reviewed and accepted prior to grading permit, with comments from the County engineer and Road and Bridge Department incorporated therein. vi. Drainage through the culvert needs to be accommodated separate from the shared - use -path through the facility. The Applicant shall provide a plan to manage drainage through the bicycle and pedestrian underpass. The plan should be reviewed and accepted by the Garfield County engineer prior to grading permit. vii. Several design issues or inadequate information were identified with the proposed design of the Underpass, including: • Details need to be provided showing how the west extension will be connected to the culvert. • Details regarding waterproofing need to be provided. • Details of the shared -use -path surface through the facility need to be provided. 68 BOCC April 18, 2016 DP • Snow fencing shall be placed behind the guardrails to prevent trail users and the trail from being hit by snow thrown from the Highway. • More detail is necessary to determine if the proposed design would meet ADA standards as required by CDOT. The Applicant shall provide plans to address these design issues. The plans shall be reviewed and accepted by the Garfield County engineer prior to grading permit. 15. Water / Wastewater a. Prior to iccuancc of a grading permit or submittal of thc first Final plat, whichever shall be submitted first, the Applicant shall provide a copy of thc signed District Court, Water Division 5 Decrees in Case No. 07CW164 and Cacc No. 08CW198. At the time of this Resolution, Applicant has satisfied this condition. b. Prior to issuance of a grading permit or submittal of the first Final plat, whichever shall agreement related to the provision of water and wastewater service to thc River Edge Colorado development. c. The applicant shall connect to the Roaring Fork Water and Sanitation District (RFWSD) for both water and wastewater service. d. The Applicant shall submit updated plans addressing the water line conflicts with the 36" storm drain culvert on Riverside Drive. The Applicant shall submit updated plans, to be reviewed and accepted by the Garfield County engineer, prior to submittal of the first final plat. e. The Applicant shall submit updated plans addressing how the fire hydrants throughout the development are connected to the water distribution system. The Applicant shall submit updated plans, to be reviewed and accepted by the Garfield County engineer, prior to submittal of the first final plat. f. The Applicant shall submit the separate package identified on sheet SW02.01 of the preliminary engineering plans for utilities under Highway 82. The Applicant shall submit this separate package of plans, to be reviewed and accepted by the Garfield County Engineering Department, prior to submittal of the first final plat. g. The Applicant shall provide a demonstration of adequate legal and physical water to the Executive Lot. Should the Lot be served by RFWSD, then the preliminary engineering plans shall be amended showing water and sewer connections. Should the Lot be served by an individual well and Onsite Wastewater Treatment System (OWTS), then the Applicant shall provide a demonstration of legal and physical water, including pump test and water quality test, as well as a description of how the wastewater is to be managed. The amended preliminary engineering plans or demonstration of legal and adequate water and wastewater management shall be reviewed and accepted by the Garfield County engineer prior to submittal of a grading permit. h. The Applicant shall submit updated plans addressing the water line conflicts with the Glenwood Ditch piping on Trailside Drive. The Applicant shall submit updated plans, to be reviewed and accepted by the Garfield County engineer, prior to submittal of the first final plat. 69 BOCC April 18, 2016 DP i. The Applicant shall submit preliminary engineering plans for all offsite water and wastewater infrastructure necessary to connect and serve the development by the Roaring Fork Water and Sanitation District (RFWSD). These preliminary plans shall be reviewed and accepted by the RFWSD prior to submittal of the first final plat. 16. Final Plat Requirements The Applicant shall comply with the following final plat requirements in addition to those requirements contained within the ULUR Land Use and Development Code in effect at the time of submittal. a. Consistent with the Preliminary Plan approval, the Applicant shall provide the following information as submittal requirements with the first final plat application: i. An Improvements Agreement; ii. Demonstration of formation of the POA; iii. Draft deeds for conveyance of improvements, facilities or real property from the Applicant to the POA; iv. Covenants, Conditions and Restrictions (CCR's) applicable to the development. v. Development Agreement; vi. Affordable Housing Agreement; vii. Other items as identified in the conditions of approval within this Resolution. b. Plat notes, in addition to the standard notes, shall include the following: i. Engineered foundations shall be required for all buildings within the development. These foundation plans shall be stamped by an engineer licensed in the State of Colorado or a letter stamped by a qualified geotechnical engineer stating that no special foundation design is necessary. ii. An underdrain system shall be provided to protect below -grade construction such as retaining walls, deep crawlspace and basement areas. The drain shall be placed at each level of excavation and at least one foot below the lowest adjacent finish grade. 17. The Applicant shall submit an appraisal with the first application for final plat in the subdivision so that the amount of the fee -in -lieu payment of school land dedication for the subdivision can be calculated. Payment of the fee -in lieu will be required prior to approval of the first final plat for the subdivision. 18. Prior to approval and recordation of the first final plat the Applicant shall be required to comply with Resolution 2008-05 which sets forth the required residential impact fee of $730.00 per unit for the Carbondale and Rural Fire Protection District. Payment of this fee shall occur prior to approval of the first final plat for the subdivision. 70