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HomeMy WebLinkAbout2.0 Staff Report PC 05.21.97PC sl2tl97 PROJECT INFORMATION AND STAFF COMMENTS REOUEST: Planned Unit Development and Sketch Plan review for the Rose Ranch application APPLICANT: Roaring Fork Investments, L. L. C. PLANNERS: Norris Dullea Company ENGINEERS: High Country Engineering, Inc. - civil and traffic EVO Consulting Services - civil Zancanella and Associates, Inc. - water GEOLOGIST: MTI GEO Hepworth-Pawlak Geotechnical, Inc. BIOLOGIST: Kirk H. Beattie CULTURAL Merill Ann Wilson RESOURCES: ATTORNEY: Delaney & Balcomb, P.C. LOCATION: An operating ranch located west of the Roaring Fork River, approximately 2.5 miles south of the City of Glenwood Springs, and directly south of the West Bank subdivision. SITE DATA:Section I and 12, Township 75, Range 89W. A 440 acre tract to be combined with the West Bank subdivision golf facilities for a total of 533.5 acres. To develop a292lot residential subdivision and an associated golf facility, with additional recreational and open space amenities. Historic consumptive use credits, sur ce diversions from the Roaring Fork River, junior rights for on-site ponds and surface diversions, senior irrigation rights with the Glenwood Ditch, senior irrigations rights ln the Robertson Ditch, and West Divide Water Conservancy District Aspen Glen Water and Sanitation District WATER: SEWER: Page I of 17 ACCESS: EXISTING ZONING: ADJACENT ZONING: County Road (CR) 109, State Route (SR) 154, and State Highway (srl) 82 Agricultural/ResidentiaL/Rural Density PUD subdivision to the north A/RIRD and Open space to the south A/R/RD to the west A/R/RD and Commercial to the east L RELATIONSHIP TO THE COMPREFM,NSIVE PLAN The Proposed Land Use Districts map for Study Area 1 shows the subject site as within both a High Density Residential (two or fewer acres per dwelling unit) district and Low Density (more than 10 aces per dwelling unit) district. The designation of high density is based upon the availability of central water and central sewer service to the subject site. The low density designations are located along the river corridor and west of County Road 109 and are based primarily upon wildlife and environmental constrains. II. PROJECT INFORMATION A. Site Descriotion: The subject site contains an active ranch to the east of County Road 109 which is being phased out of active production, and steeply sloped bluffs and undeveloped terrain to the west of County Road 109 which is considered range land. The land along the Roaring Fork Valley to the east is gently sloping while the land west of County Road 109 is steeply sloping above sixty percent (60%). Vegetation on the site consists predominantly of sage with juniper trees. Four (4) habitat types are present on the subject property and include riparian transition, irrigated pastures, sagebrush-rabbitbrush, and pinyon juniper. The site contains various buildings associated with the household and the ranching operations including three (3) historically significant structures. An abandoned railroad grade traverses the property to the east. An historic irrigation ditch traverses the property in a north-south direction. B. Adjacent Land Uses. West Bank Planned Unit Development is located to the north of the property and is connected to the subject site through a thirty (30') easement, and Teller Springs Subdivision is located to the south. The Roaring Fork River forms the eastern boundary of the site, and the western boundary of the site is bordered by land zoned agricultural. Page2 of 17 m. C. Development Proposal: The applicant is proposing to create a Planned Unit Development which will consist of 292 units, including both 171 single family dwellings, 74 duplex units, and 47 club homes on a 440 acre tract. The site will also contain a golf course which will link with the West Bank golf facilities to create an eighteen (18) hole golf course with associated facilities including a restaurant and maintenance building. Additional recreational amenities are proposed including a fishing park, overlooks, trails, greenhouse, garden plots, and recreational facilities such as tennis courts, a swimming pool, playground and picnic area. REVIEW AGENCY AND OTI{ER COMMENTS 1. Division of Wildlife: The State of Colorado, Department of Natural Resources, Division of Wildlife (DOW) sites their former letter as still valid in having reported elk winter range over most of the site and severe winter range west of County Road (CR) 109 and east of 109. The report also noted mule deer winter range and severe winter range west of CR 109. Black bear and mountain lion are also noted as inhabiting the area west of CR 109. Aside from big game, the riparian habitat is also noted as home to owls, raptors, and eagles including a golden eagle nest site. The east side of the river is pointed out as an active great blue heron rookery which is the largest and one of the last viable rookeries on the Roaring Fork River. Bald eagles also utilize the heron rookery during the winter months. The report stated that "Eagle use and presence in this valley [are] determined by the effectiveness of the riparian habitat to provide adequate feeding, roost, and perch sites. These areas become less effective with development pressures and associated disturbance as the areas along the river [are] developed." The Division of Wildlife's most recent letter of 4 May 1998 points out impacts including the following: ' Herons will most likely abandon the nests in the tree on the west side of the river due to the close proximity of homes and associated disturbance. The 4 May 1998 Division of Wildlife letter of puts forth the following recommendations:> Placement in the protective covenants (under Art. IV, Sec. 12.c), as a condition of approval, the placement of educational signs at the primary overlook regarding golden eagle nesting, and the closure of the ridge south of the eagle's nest from 15 March through 1 July. ' Closure of the upper golf course and ridge to human activity, excluding maintenance, from 1 December through 3l March with a gate and a sign.> Installation of habitat improvement measures on the upper bench west of CR 109, the development of a site plan with the DOW, and the maintenance and protection from disturbance of the native vegetation outside of the golf course. Page 3 of 17 ' No construction of the water tank and line west of CR 109 from l5 March through 1 July due to golden eagle nesting. ' Creation of a vegetative screen plan approved by the DOW, and planting of vegetation along the east boundary ofproposed Lots 108 through 1 18, 70 through 80, and 76tfuough77. ' No tree removal along the river and the wetland areas except for exotic and invading species. ' Creation of an educational brochure for homeowners on how to live with wildlife. ' Provide a 5O-foot setback from the wetlands to the home-site. ' Maintenance of the I l0 foot buffer between Rose Ranch and Teller springs in native vegetation, and installation of vegetative screening along the lot boundaries. ' Provision of a public fishing easement along the West Bank property downstream from the bridge. ' No construction of the primary overlook from 15 March through I July. Regarding the Great Blue Heron rookery, the Division of Wildlife report of 4 May 1998 recommends the following: ' Planting of vegetative screening along the east boundary of proposed Lots 108 through 118 to screen homesites and backyard activity. ' Placement of vegetative screening before any construction activity.> No construction of homes from 15 February through 31 May on proposed Lots 94 through 96 and 108 through 1 18. ' No human activity in the riparian and wetlands areas below proposed Lots 94 through 118 and across from the rookery from l5 February through 15 July by the use of fencing and signage.> Installation of an artificial nesting platform on the east side of the river by the rookery. ' No second story decks andlor balconies facing the rookery for proposed Lots 108 through 118. See Figure l. 2. Colorado Geological Survey: The State of Colorado Geological Survey cannot recommend approval of the application due to the geologic constraints of the site for the typw of development proposed. The Geologic Survey's form letter is still valid. The report noted the following potential geologic hazards.t Severe hydrocompactive soil properties problematic for roadways and slab on grade pavements. > Potential ground subsidence in the majority of the alluvial fans where development is proposed resulting in ground subsidence, sinkholes, ground fissuring, and piping soil dissolution. Page 4 of 17 > Potential ground settlement and subsidence in the residential areas sulrounding the proposed ponds within the alluvial fan areas due to severe wetting of these hydrocompactive soils by the ponds. The Colorado Geologic Survey's most recent report of 15 May 1998 states that "Our largest concern with the development with Rose Ranch is the lack of water management and the apparent lack of the understanding, shown in plat design, of the problems that the introduction and saturation of a thick column of collapsible soils can pose. It is easily seen in the plat design that the potential soil hazards were given little consideration in residential lots, streets, ponds, and gold course lay-outs. Much of the infrastructure and residences, as proposed, will be surrounded by water sources." The report points out the following flaws in the plan design: ' The applicant should avoid placing ponds on the site to deter potential collapsing of soils adjacent to the ponds. ' The development plan indicates irrigated golf course holes 1l and 12 immediately above County Road 109 where we can, therefore, expect a continuation of road damage.> Matrix supported gravelly alluvial fan soils can be highly collapsible but cannot be determined by swell-consolidation testing since undislurbed samples are impossible to collect. Gravelly soils can also be highly permeable where water can move laterally at depth. Foundation perimeter drainage systems will not intercept deeper water through gravelly layers within the alluvial fans. As a result, homes will be subject to breaks in their foundations. ' Liners may break when the pond is at it's full water capacity if differential settlement of several inches occurs beneath them. Even if a geo-grid reinforcement is used, it is unlikely that a liner could withstand the strains. There will still be the problem of adverse wetting of the soils by the irrigated golf course holes upgradient of the proposed residential units. In conclusion, the Colorado Geologic Survey report states that *. . . our recommendation to the County is that additional work is required prior to approval of the Rose Ranch PUD and Sketch Plan in its current form, and level of investigations and mitigation design." See Figre 2. 3. Division of Water Resources: The State of Colorado Office of the State Engineer Division of Water Resources finds that ". . . the proposed water supply will cause material injury,to decreed water rights and is inadequate." An augmentation plan has not been fiJ{with the water court. See Figure 3. fi,-at,-etd4. Mount Sopris Soil Conservation District: The Mount Sopris Soil Conservation District has not responded to this application to date. vus3lr n 5. Bureau of Land Management: The United States Department of the Interior Bureau of Land Management has not responded to this application to date. 6. Carbondale & Rural Fire Protection District: The Carbondale & Rural Fire Protection District notes that the developer should submit an addressing plan for review by the County and by Emergency Management. The Fire Protection District recommends that the water supplies from the Rose Ranch development be made available for future extension to these areas. In addition, the code requires a minimum flow of 1,500 gallons per minute (gpm), whereas the applicant has indicated an undersized flow of 1,000 gpm. Furthernore? the development is subject to impact fees adopted by the District which are due prior to recording of a final plat. See Figure 4. 7. Roaring Fork School District RE-l: The Roaring Fork School District RE-l is requesting cash in lieu of the calculated dedicated land, to be paid at the time of subdivision approval, to compensate for the increase in school children generated from this proposed development. See Figure 5. 8. Roaring Fork Transit Agency. The Roaring Fork Transit Agency's (RFTA) initial report indicated that, because of severe automobile congestion, the number of potential vehicle trips diverted to transit requires additional transit capacity or an entirely new service, which the developer is, in some cases, required to provide funding to mitigate the projected impacts. The report stated that such findings may include passenger shelters, pull-offs, and lighting. According to the report, service to the proposed site could be linked with service to West Bank and other neighboring developments resulting in potential cost sharing. The report also recommends looking at how the proposed site design will link up with future transit improvements in order to alleviate congestion in the valley, and how the proposal contributes to sharing the burden of the costs of such improvements. The report made the following two recommendations. ' The development should mitigate its impacts on the existing or the future transit system. ' The development should be designed to maximize the opportunities for transit use and to minimize the necessity for automobile use. The report lists the following requirements: ' Rolling stock capacity equivalent to sixty+hree percent (63%) of an additional transit bus resulting in a cost of $167,000 and a life span of twelve (12) years. ' Additional operating subsidy in 1998 dollars of $18,300. ' Park and Ride facility adjacent to SH 82, including a transit shelter and thirty-nine (39) parking spaces, with an estimated cost of $201,500. ' Parking lot maintenance and snow removal of a cost of $9,500 per year. Page 6 of 17 9. RFTA's subsequent report, prepared by LSC, Inc. consultants, estimated number of potential transit trips that the proposed development could generate per day would be 129. This latest report states that "the substantial increase in service required for Rose Ranch, if not accompanied by funding for fixed costs, would only exacerbate the imbalance in regional funding. . If the proposed project were located in Pitkin or Eagle Counties, a substantial portion of this annual funding requirement would be generated through increased sales tax revenues, as both counties have dedicated public transportation sales tax. Garfield County, however, does not currently have a dedicated source of funding for transit services." See Figure 6. Glenwood Springs River Commission: The Glenwood Springs River Commission concurs met with the applicant on 6 May 1998 to review the proposed modifications to the plan design. The River Commission provided the following recommendations in accordance with their prior letter. Avoid erosion along the river bank that may occur during high water where construction has occurred by establishing a setback for buildings lots at one hundred feet (100'). Avoid the loss of natural vegetation along the river banks, which provides protection for wildlife, by establishing a Wildlife/Vegetative easement/buffer along the river corridor. Establish a trail along the west side of the Roaring Fork River as a link between Carbondale and Glenwood Springs and construct the trail along CR 109 to Glenwood Spring' s Rivertrail s specifi cations. Develop a progr:rm for monitoring surface water quality, and limit the use of pesticides and fertilizers. Roarins Fork Vallev Biolosical lnventorv: The Roarins Fork Vallev Biolosical Inventory pointed out in their prior letter that the great blue heron rookery located on the proposed development site is listed in Colorado Natural Heritage Program Report. The program report recommends that a 1/z mile radius conservation boundary be implemented to protect the rookery, and that a one thousand foot (1,000') buffer be provided around the nests to protect feeding areas. The report notes that, of the ninety (90) to one hundred (100) nest sites located in the state, only three are found in the Roaring Fork Valley, and the one located at the Rose Ranch property is the largest. Glenwood Springs Board of Realtors and Carbondale Affordable Housing Corporation: The two agencies have not had an oppoftunity to respond to the applicant's letter date 20May 1998 regarding the donation of $1,000 per unit sold to the Board of Realtors and $1,000 per unit. sold to the Housing Corporation. 10. ll. Page 7 of 17 t2.Garfield County Housing Authority. The Garfield County Housing Authority reported that its agency could effectively use the contribution offered by the applicant of two hundred dollars ($200) per units for land acquisition, rehabilitation of a residence, local matching funds for affordable housing development, project development costs, or a combination of the above. See Figure 7. Eagle County: Eagle County reminds the Garfield County Planning Commission and the Board of County Commissioners that the proposed Rose Ranch PIID and Sketch Plan should be evaluated in accordance with the Garfield County Comprehensive Plan goals. See Figure 8. Pitkin County: Pitkin County also reminds the Garfield County Planning Commission and the Board of County Commissioners that the applicant should adequately address the Garfield County Comprehensive Plan goals particularly with regard to mass transit, by payrng an appropriate share of construction costs for a Park and Ride facility, and with regard to affordable housing, by providing units on-site that are affordable housing for the service workers which the project will require for home and golf course maintenance. See Figure 9. Roaring Crystal Alliance Members: The Roaring Crystal Alliance Members site scientific evidence for a greater buffer of one-thousand feet (1,000') from home sites at the southern end of the proposed project as well as management of the rookery area. The Alliance also recommends that a continuous conservation easement be placed along the riverfront greenbelt for the length of the project. The Alliance further notes the potential for river contamination through runoff from the golf course and supports water quality monitoring efforts and monitoring of the riparian health. See Figure 10. Letters from Concerned Citizens: See Figures ll, 12, 13, and 14. MAIOR ISSUES AND CONCERNS A. Zontng. The subject site is currently zoned Agricultural/Residential/Rural Density which allows for a two (2) acre minimum lot size and agricultural uses, parks, single-family homes, and accessory dwellings by right. Community buildings are allowed by conditional use, and two-family dwellings, trails, golf course facilities, and commercial recreation facilities/parks are permitted by special exception. The proposed PUD calls for an average density of 0.54 units per acre. The plan proposes single family units, duplexes, club houses, golf facilities (including a restaurant), recreational amenities, and open space. 13. 14. 15. 16. IV. Page 8 of 17 B. Subdivision: The proposed PUD calls for 292 homes on lots ranging in size t'om aflk*+e"al€lf ,j\Jcf lacre fo io,Ooo to 8,000 square feet. The club houses will have a density oisix (6) units to | | the acre. The PUD proposes five new zone districts for the site as follows: ' River Residential I Zone District ' River Residential2 Zone District , 20,000 Square Foot Residential District ' 15,000 Square Foot Residential District ' 9,000 Square Foot Residential District ' Duplex Residential Zone District ' Club Homes Residential Zone District ' Common Open Space Zone District C. Comprehensive Plan Compliance. The Garfield County Comprehensive Plan of 1994 lists housing, transportation, traffic mitigation, street design, visual corridor, recreation, open space, fishing/rafting activities, rural landscape, trails, wildlife habitat, water and sewer systems, environmental constraints, natural drainages, wetland and riparian areas, soil constraints, ecological resources, and excessive cut and fill goals which apply to this proposal and which must be met by the applicant. D. Soils/Topography. The Preliminary Geotechnical Study Rose Ranch Development County Road 109 Garfield County, Colorado reports that alluvial fans form an alluvial apron along he base of the bluffin the eastern part of the project area. River alluvium is present along the river channel and the five (5) terraces adjacent to the channel. Sinkholes of twenty (20') to two-hundred (200') feet are present on the site and have a depth of between one (1') foot to twenty (20') feet. Additionally, smaller sinkholes are present on the property. These sinkholes result from the collapse of subsurface voids in the formation rock and in terrace deposits. The report states that the more severe constraints are associated with the alluvial fan flooding and the potential for sinkholes which may require some modification of the project design. The report also notes that the ephemeral channels and the alluvial fans are susceptible to debris floods and viscous debris flow landslides associated with intense rain and snowmelt. Additionally, the entire fan surface is considered a potential flood area, therefore, channel and bank stability may be critical. The report recommends a minimum setback from sinkholes of twenty (20') feet. In addition, subsurface voids should be considered when planning building site foundations. The report also recommends a minimum building setback of 2:1, horizontal to vertical, as measured from the edge of the river channel, and protection against erosion through revegetation and rock rip-rap. Furthermore, grading should not be considered on slopes greater than thirty (30%) percent. r#ilr rz E. F. G. Road/Access: The proposed PUD will utilize an easement though the West Bank subdivision to access the golf holes located atop the steep bluff Fire Protection: The Carbondale & Rural Fire Protection District notes that the plans should be completed in accordance with the Uniform Fire Code (UFC) Appendix III-A: Fire Requirements for Buildings; and that fire hydrants must be located in accordance with the UFC Appendix III-B: Fire Hydrant Locations and Spacing. Water: The application did not include evidence of a water court approved augmentation plan nor the submission of such a plan for review. An adequate potable and irrigation water supply available to all units has not been demonstrated per the requirements of the Subdivision Regulation [Section 9.51]. Wastewater: The applicant will need to secure adequate sewage treatment capacity from the Aspen Glen wastewater treatment plant for the project [Section e.621. Road Impacts: The applicant has provided staffwith a Highway Access Permit. Access to the highway has been granted as evidenced by this permit. However, no indication of a request for signalization of the intersection was included with this submission. The Traffic Study contained within the application notes that signalization of the intersection is recommended to improve an otherwise failing intersection whose condition will worsen with the proposed increase in development. PUD Reouirements: The aonlicant has not met the reouirements for aooroval of a PUD in terms of providing innovations in design, lessening impacts, encouraging preservation, avoiding incompatible elements, according an appropriate relationship to its surroundings, and exhibiting general conformance with the Comprehensive Plan. RECOMMENDED FINDINGS: The Rose Ranch applicant team has made substantial progress toward addressing the concerns of County residents and agencies, as well as meeting County regulation issues. Much of the changes have been an improvement over the former site design and several have fully mitigated initial conflicts. In particular, wildlife issues have been nearly fully addressed to the satisfaction of the reviewing agencies; and concerns of neighboring residents regarding sufficient water sources and visual environmental impacts have been mitigated to the satisfaction of numerous residents. Additionally, the County has been presented with some of its first financial offers to help offset traffic and housing impacts. I. J. V. Page l0 of 17 However, the plan as presently proposed still leaves numerous questions unanswered and many critical issues without adequate solutions. Most particulary, the severe geologic constraints of this site pose many critical problems for which no assurances are provided in the studies presented with this proposal. In addition, the most pressing issues facing the County today regarding the severe shortage of attainable housing, the alarming rise in traffic congestion, and the rampant loss of agricultural land in this Valley have not been thoroughly addressed by a means which meets the level of demand which this proposal will place upon the County, and in most cases the proposal before us further exacerbates an already stressed situation. The following deficiencies are noted in the application for the Rose Ranch PUD and Sketch Plan: Garfield County Zoning Resolution of 1978 as amended X Section 402tq- The proposed PUD does not demonstrate how it provides "for necessary comrirercial, recreational, and educational facilities conveniently located to housing." The only commercial facilities proposed are those associated with the golf facility; recreational facilities proposed are of limited public access, and no educational facilities are preposed.^ The plan alludes to qommunity facilities,$ut these are not listed ' fl',t..,3 L'{.:,rt)"i)+,-. ,X\!:i.)'.f 6 ti. "t J zrt, t,trR Lr-vtf- r '/-\t..v-r1.i ' -l," r c,i-r'yIy:i!-,.r_1 ,, *\, (, L.ltrahsr)Section 4.02(4).- The proposed PUD does not call for " . . . innovations in - - r residential . . . development so that the growing demands of the population may be met by greater variety in type, design, and layout of buildings " The current zoning designation of A/R/R allows for all of the types of housing (single flmily and duplexes) proposed in this application -/\'-; l:" 1 l.'\, ,^,1 ..,'1,, , 1*K^ ,o,,,,r -"' \\'' '',itEi'#;#"i*",J\ q ttSection 4.a2$)-- The proposed PUD does not "6"aidfhLeBi streets and highways," but rather increases the traffic entering onto Highway 82 which is already functioning at a level of service F. As the Rose Ranch PUD Preliminary Traffic Study states, "with the addition of the Rose Ranch traffic the intersection continues to operate well below acceptable standards." There are no assurances from the State Highway Department that q light will nleet,warrants. \HTH#8ffi5s111,,-FlSeilJ the,l.Slx 5. Section 4.02(E - The proposed PUD does not "encoffrlge itr6'piedervdtion of the" 'df-{[pfi. . site's natural characteristics," but rather proposes extensive cuts along the Section 4.04 - 'No PUD shall be approved unless it is . . . in general conformity with the County's general plan" which is the Garfield County Comprehensive Plan. The proposed PUD does not meet the general intent of the comprehensive plan. Page 1l of 17 l.Sech-^ L-rez x.##J,R iL"a:h.?HB"n, C_o.-tlfe hs/-.aS idC l'lan & S eu idlneod, ,9 V,t fr^.t sV"y Although the rural character of Garfield County has historically defined the visual heritage of the region, recent development pressure, particularly in the valley floor of the Roaring Fork River, has threatened the future of many of these corridors. Even though the proposal is generally in conformance with the Proposed Land Use Districts, the following Program is not met by this proposal: Program 3.I under Transportation Goals & Objectives states that "Existing trafEc safety problems and road system deficiencies will be identified and conceptual policies will be developed to address these weaknesses." The Level of Service for Rose Ranch traffic exiting the site at County Road 154 via a left or right-hand turn onto Highway 82 at peak A.M. and P.M. hours will continue to function at a rating of F : the highway is no longer functioning at the speed level it was designed to manage and traffic is experiencing severe congestion and frequent delays. 6l section 4.06 - " no Pud shall be approved which contains incompatible elements." The proposed PUD does not contain compatible elements. The submission proposes golf course facilities in an area which requires 10 to I l% slopes in grade to attain access to these golf areas. Furthermore, the addition of ponds on the proposed golf course will subject the site to a high probability of subsidence and subsequent failure of building foundations. 7.. Section 4.07 .01- "The County Commissioners may approve a proposed PUD rezoning upon a finding that it will implement the purposes of this section and will meet the standards and requirements set forth in this section." However, the proposed PUD fails to meet the requirements of the following subsection: 8: Section 4.07.03(1) - The proposed PUD does not "have an appropriate relationship to the surrounding area, with unreasonable adverse effects on the surrounding area being minimized." Increased traffic congestion and unexplored potential geological hazards accompany this proposal. The submitted Preliminary Geotechnical Investigation report states that "Eagle Valley Evaporite is believed to underlie the majority of the site." "Dissolution of gypsum in this unit can cause voids which sometime collapse and create sinkholes." , 9. Section 4.07 .04 - The proposed PUD has not addressed or fully justified their request to increase the maximum height of buildings above the standards permitted in terms of all of the following subsections. 10. Section 4.07.04(l) - The relationship of the proposed increase in building height to the geographical location. I l. Section 4.07.04(2) - The relationship of the proposed increase in building height to the probable effect on the surrounding slopes and mountainous terrain. Page 12 of l7 t2:Section 4.07.04(3) - The relationship of the proposed increase in building height to any unreasonable adverse visual efEects on adjacent sites, or other areas in the immediate vicinity. Section 4.07.04(5) - The relationship of the proposed increase in building height to its influence on the general vicinity, with regard to extreme contrast, vistas and open space /. ,\ Section 4 08\05(E) - The proposed PUD does not show the acreage which will be dedicated for school sites nor does it of;Fer a fee-inJieu of. Section 408.05(7) - The proposed PUD does not adequately provide evidence of the following subsections: Section 408.05(TXEXrv) - The general manner in which provisions will be made for any potential natural hazards in the area such as landslide areas and unstable soils are not provided in the proposal. The submitted Preliminary Geotechnical Investigation report states that "the majority of the near surface soils exhibited high collapse potential and/or settlement under conditions of light loading and wetting." Furthermore, the report continues that " . . . soils within the structural setback zone possess poor lateral stability and improvements constructed within this zone may be subject to lateral movement and/or differential settlement." Section 408.05(7XG) - "Evidence that the PUD has been designed with consideration of the natural environment of the site and the surrounding areas and does not unreasonably destroy or displace. . . unique natural or historical features" has not been met by this proposed PUD. The Rose Ranch Historical Survey and Evaluation state that " . . . the cold cellar may be eligible for the State Register if further research was undertaken . . . I recommend that the owner of the ranch should consider saving and repairing the cold storage cellar and Building #8" which has not been proposed with this PUD. ,13, 17. Subdivision Regulations of Gar{ield County, Colorado of 1984 18. Section 3.32.I.5 - The total area of proposed nonresidential floor space was not provided. 19. Section 3.40.D - The impact of the proposed subdivision on the topography of the site was not fully addressed. Page 13 of 17 14. 15. 16. 20.Section 9.12 - The proposed PUD does not address the natural hazards including subsidence which the property is subject to. Therefore, those portions of the property subject to such hazards " . . . shall not be platted for anyuse otherthan open space or an uninhabitable portion of a lot over two (2) acres Garfield County Comprehensive PIan of 1994 21. Section 111.2.1, Objective - The proposed PUD has not revealed the price range of the homes, and physically segregates the location of the duplex units and the club house units from the location of the single family units, thereby failing to meet the objective to "encourage adequate, integrated housing at a reasonable cost to residents throughout Garfi eld County. " 22. Section 11I.2.5, Objective - The proposed development does not ". . . respect the natural characteristics of a particular site, including topography, vegetation, water features, geology and visual relationships with surrounding land uses and view sheds." 23. Section IIL3.1 and 3.3, Objectives - The proposed PUD and Sketch Plan has not included any features to accommodate public transportation despite the fact that ridership of the Roaring Fork Transit Authority is up by 124% in the last five years and is the second largest transit provider in the state. Therefore, the proposal neglects "to encourage the development of a regional public transit system that respects the interaction between emerying land use patterns and travel behavior in the Valley." 24. Section IIL3.3 and3.6, Policies - The proposed project has not shown an ability to handle the traffic generated from the proposed development and has not mitigated the impacts at the intersection of County Road 154 with State Route 82. The Highway Access Permit issued by the Colorado Department of Transportation (CDOT), which approved left and right turn acceleration and deceleration lanes, is contingent upon bringing the Level of Service (LOS) to a rating of C. However, the Preliminary Traffic Study states that "at the request of CDOT, the intersection was modeled with left turn decel, right turn decel and left and right accel lanes to see ifthis would improve the intersection . . . These improvements did not affect the LOC" which is at a rating of F at the intersection of County Road 154 with State Route 82. Additionally, the traffic study concludes that " . . . the CR-154 / Hwy 82 intersection will be operating at below acceptable standards as an un-signalized intersection." Page 14 of 17 27. 25. 26. 31. 32. Section III.3.8.A.B.C and D, Policies - Traffic impacts associated with the proposed commercial development have not been assessed by the applicant. No analysis is present in the report. Section III.5.0, Goal - The proposed development of the steep bluffhas not taken into account the "preservation of important vizual corridors" in an undeveloped state. The access to the upper level golf course facilities will necessitate retaining walls. This steep bluffis a visible part of the corridor. Section III.5.3, Policy and 5.3, Program - Insurance of continuous public access to these open spaces has not been analyzed by the developer. The application only references the neighboring subdivisions as permitted to access the open lands. Section III.5.0(A), Goal - The proposed PUD and Sketch Plan does not " . preserve the rural landscape of the Roaring Fork Valley, existing agricultural uses, wildlife habitat and recreational opportunities in a mutually beneficial manner that reflects the balance between private property rights and the needs ofthe community." There has been no analysis included in the submission of the societal needs of the community verses the business plan of the developers. Section IU.5.l(A), Objective - The proposal does not call for the retention of any of the existing agricultural activities on the site, and therefore, fails "to ensure that existing agricultural uses are not adversely impacted by development approved by Garfield County." The location of the community gardens has not been shown on the plans. Section III.6.0, Goal - The proposed application neglects "to ensure that existing agricultural uses are allowed to continue in operation and compatibility issues are addressed during project review." No existing agricultural activities are proposed to continue on this ranching site. No offer of a purchase of a conservation easement elsewhere within the County on an agriculturally productive tract of land has been offered by the applicant to replace the loss in acreage of active ranch land. Section III.6.l, Objective - The proposal does not incorporate the existing farm and ranch with the development. Section 111.6.2, Policies - "Densities greater than the underlying zoning willbe discouraged if the proposed development would adversely affect the adjacent agricultural operations." The proposed density increase to 0.54 units per acre does not allow for the continued operation of agricultural uses. 28 29. 30. Page 15 of 17 JJ. 34. 35. 36. Section fII.6.5, Program - The submission does not contain an "analysis of potential impacts to agricultural lands and uses, and . . . mitigation measures." Section III.8.l, Objective - "The County of Garfield reserves the right to deny a project based on severe environmental constraints that endanger public health, safety or welfare." Section III.8.2, Objective - The proposed PUD and Sketch Plan does not incorporate the environmental constraints around the site design. Therefore, the proposed project does not " . . . recognize the physical features ofthe land and design projects in a manner that is compatible with the physical environment." Section III.8.5, Objective and 8.5 Policy - The proposal has not taken into consideration the collapseable soil constraints which the applicant's geotechnical report revealed. The applicant has not addressed the soil constraints unique to the site. Section III.8.6, Objective - "Garfield County will ensure that natural, scenic and ecological resources and critical wildlife habitats are protected." The site contains features which are part of the county's visual corridor. The site is also the local of a blue heron rookery where an active nest site is projected to be abandoned as a result of the development of homesites and with no assurance that a newly constructed nest site will be viable. Section III.8.7, Objective - The proposed PIID should be redesigned to take into consideration the environmental constraints which will limit the number and the placement of residential units and the design of the golf features. Development should avoid environmental hazards and be located on land capable of supporting growth. Section III.8.1 and 8.7, Policies - "Garfield County shall discourage and reserve the right to deny development in areas identified as having severe environmental constraints such as active land slides, debris flows, unstable slopes, bedrock slides, major mudflows, radioactive tailings, slopes over 25 percent, riparian areas and wetlands and projects proposed within the 100 year floodplain." Nine of the ten constraints listed above are potential or known threats on the Rose Ranch property. A thorough mitigation plan has not been proposed. Section III.8.2., Policy - "Garfield County shall discourage development proposals that require excessive vegetative removal, cut and fill areas or other physical modifications that will result in visual degradation or public safety concerns." The proposed development calls for cut and fill in order to construct the road accessing the upper golf course facilities located on a steep bluff 37. 38. 39. 40. Page 16 of 17 VT. 41. Section III.8.6, policy - "Garfield County will protect critical wildlife habitat needed by state and federally protected, threatened or endangered species." The wildlife report prepared by the applicant notes the presence of several protected species of migratory birds and raptors. STAFF RECOMMENDATION: It is recommended that the Garfield County Planning Commission put forth a recommendation of disapproval of the application for the Rose Ranch PUD and Sketch Plan to the Board of County Commissioners based upon the deficiencies as listed above. The primary reason for this disapproval is the severe geologic constraints which this site presents for the type of development design proposed. A secondary reason is the inability of the present proposal to meet the major issues facing the County regarding a lack of affordable housing, a loss of agricultural land, and an increase in traffic congestion. Page 17 of 17 ROARIIVG T-ORK I NVESTMEIVTS, L. L. C. a Colorado limited liability company May 2O,7998 Victoria Giannola, Senior Planner Don Deford, County Attorney Rose Ranch PUD and Sketch Plan Supplement to Section 4V and Section BG In the two previously referenced sections of our PUD and Sketch Plan submittal we had offered to contribute $200.00 per residential unit sold to a Garfield County Housing Authority Fund or to the Glenwood Springs Board of Realtors Affordable Housing Fund. We herebywant to supplement and clarify those sections by offering the following additional amounts to the groups specified: TO: RE: (1) (2) (3) GARFIELD COUNTY HOUSING AUTHORITY 400 Seventh Street South, Suite 1000 Rifle, Colorado 81650 GLENWOOD SPRINGS BOARD OF REALTORS AFFORDABLE HOUSING FUND 1316 Grand Avenue Glenwood Springs, Colorado 81602 CARBONDALE AFFORDABLE HOUSING CORPORATION 511 Colorado Avenue Carbondale, Colorado 81623 $200.00 per unit sold $1,000.00 per unit sold $1,000.00 per unit sold We propose that the foregoing amounts would be collected by Garfield County at the time each residential building permit is issued and then paid over to the foregoing groups within a reasonable time thereafter. Sincerely, ROARING FORK INVESTMENTS, L.L.C. % HEGGEMEIER & STONL, P.C. 19563 E. MAINSTREET. SUITE 2OO. PARKER. COLORADO 80134 PHONE: (303) 8.11-8072 FAX: (303) 811-8073 By: Heggemeier, Dnr-,exrcrr & Bar-,coMB, P.C. ATTORNEYS AT ITAW P. O. DR-{wmn ?9O 818 COLORA.DO AVENIfX) Gr,EN wooD SPRTNGS, Oor,oR-A.Do 81(i02 Til-.., ;JIITF Iq,-gryl* ill Gltt*rietD (nXrN I y oF CoUNSEL: RoBERT DELANEY KENNETH BALCOMB JoHN A. THULSoN E-p1v4ppyrJLHA11,.Jp.Scorr BALCoMB LAWRENCE R. GREEN TrMorHY A. THULSoN LoRI J. M. SATTERF,ELD E-oG6-ElEGze*.o, DAVID SANDOVAL DENDY M. HEISEL Teleohone: 970.945.6546 Facdimile: 970.945.8902 April3, 1998 Don DeFord Garfi eld County Attorney 109 8ft Street, Suite 300 Glenwood Springs, CO 81601 Victoria Gianolla Garfield County Building and Planning 109 8m Street, Suite 301 Glenwood Springs, CO 81601 Re Rose Ranch PUD/Sketch Plan Application Dear Don and Victoria: This is to confirm that the Easement Agreement executed between Roaring Fork Investments and the Westbank Mesa Homeowners Association provided to you yesterday was recorded in the Office of the Clerk and Recorder of Garfield County at Book 167, Page 34, Reception No. 522915. As soon as the Clerk and Recorder's Office provides me with a recorded copy of the Easement Agreement I will forward the same to you for your records. Very truly yours, TAT:kjk