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HomeMy WebLinkAbout2.0 Staff Report PC 12.10.08REQUEST: LOCATION: PROPERTY SIZE: WATER: SEWER: ACCESS: EXISTING ZONING: SURROUNDING ZONING: PC 12t10108 FJ Sketch Plan Review for "Highline Ranch Subdivision" Ryan A. May Lot 6A of Grass Mesa Subdivision 39.683 acres lndividualWells ISDS Private Roads ARRD ARRD PROJECT INFORMATION AND STAFF COMMENTS coM Study Area 3 (Subdivision) L GENERAL PROJECT INFORMATION / SKETCH PI.AN PROPOSAL The owner, Ryan A. May, owns Lot 6A of Grass Mesa Subdivision and proposes to subdivide this 39 acre property into 3lots that range from 10 to 16 acres in size. Each lot would have an individual well and manage wastewater with an ISDS. Access to the individual lots is via private internal roads that lead down to CR 317 or CR 319. The property is significantly bifurcated by Public Service and Colorado UTE overhead power iines (in easements). The property is relatively flat with a slight northward slope towards the Colorado River and is improved by an existing modular house on the SW corner. There is a small pond (1/4 acre surface) on the north end of the property and a drainage swale running in a south to north direction in the middle of the property. [As a matter of background, Grass Mesa Subdivision is not a subdivision that was created by Garfield County; rather, it is a statutorily created subdivision. This means it can be further subdivided under the County's jurisdiction. There are CC&Rs in place that provide private covenants for the subdivision which were not required by Garfield County.l REFERRAL AGENCIES Once a Preliminary Plan Application is submitted, Staff will refer it to the following agencies and County Departments for their review and comment. Comments that are received will be briefly noted below and more substantively included in the body of the memorandum. Colorado Department of Public Health & Environment: Colorado Division of Wildlife: Colorado Division of Water Resources: Colorado Geologic Survey: County Road and Bridge DePartment: Garfield County Vegetation Manager: Bureau of Land Management: City of Rifle: III. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in Study Area 3 and is designated as "subdivision" because Grass Mesa Subdivision (albeit a staiutory creation) existed prior to the Comprehensive Plan's designations created in 1997. As such, the Comprehensive Plan simply applied the "Subdivision" designation to existing subdivisions' ln any event, this subdivision can only be approved by the Board of County Commjssioners (BOCC) if it is found to be in conformity or compatible _ with the Comprehensive plan which includes the map, goals, policies, and objectives. Staff finds the proposal is consistent with the mapped designation as "subdivision" and provides some comments on the goals, policies, and objectives below' The following section reviews the proposal against the County's Goals, Objectives, and Policies in the Comprehensive Plan of 2000 by topic. 2.0 HOUSING GOALS To provide all types of housing that ensures current and future resfdenfs equitable housing opportunities which are designed to provide safe, efficient residential structules that are compatible with and that protect the natural environment. Housing at cost of no more than 30%o of gross median income. Encourage mix of housing types within a development. Deed restrictions placed on the title to fix increase in value of a home. OBJECTIVES 2.1 To encourage adequate, integrated housing at a reasonable cosf fo restdenfs th ro u gh out G arfie ld Co u ntY. 2.2 To ensure construction of quatity housing by continued enforcement of the County's building code. a. b. c. d. e. f. g. h. 2.3 Residential development should be designed and located to ensure compatibility with existing and future adiacent development. 2.4 The County shoutd encourage the development of energy efficient design, including solar access. 2.5 Residential development shoutd respect the natural characterisfrcs of a particular srte, including topography, vegetation, water features, geology and visual relationships with surrounding land uses and view sheds. 2.6 The County should coordinate efforts with the Garfield County Housing Authority and respective municipalities to foster regional housing goals. POLICIES 2.1 The County, through the development of regulations, sha// provide for low and moderate income housing types by altowing for mixed multi-family and single-family housing in appropriate areas throughout the County. 2.2 To inctude an assess ment of the impact of present and future subdivisions in both incorporated and unincorporated portions of the County during the subdivision review process. 2.3 Major access ways, topographic features, open space and other undeveloped land witt be used to separate residential uses from industrial and commercial centers- 2.4 So/ar orientation that allows for both passive and active design will be strongly encouraged in the design review process and will not be restricted by protective covenants. 2.5 The Garfietd County Zoning Resolution will address the issue of potentially conflicting uses within each zoning designation that allows for residential and non- residential land uses. Staff Comment fne suUOrvblon does not require the provision of any regulated affordable housing as that is restricted to development in Study Area l. Solar access / orientation can be met due to the size of the properties. A Preliminary Plan Application will need to address the question of reasonable affordability raised in Objective 2.1 . 3.0 TRANSPORTATION GOATS Ensure that the County transportation system is safe, functional, appropriately designed to handle existing and future traffic levels and includes options for the use of modes other than the single-occupant automobile- 3 Determine appropriate nodes and collector points for public transportation. OBJECTIVES 3.1 To encourage the development of a regional public transit sysfem that respects the interaction between emerging land use patterns and travel behavior in the Valley. 3.2 To encourage the use of modes other than the autamobile. 3.3 Proposed developments witt be evaluated in terms of the ability of County roads to adequately handle the traffic generated by the proposal. 3.4 Proposed developments wilt include street designs that will reduce adverse impacts on adjacent tand uses, respect naturaltopography and minimize driving hazards. 3.5 Proposed developments witl provide a minimum number of access poinfs on through sfreefs and highway corridors. 3.7 Sfreef extensions will be required to occur in a logical manner. POLtCIES 3.2 Developments are encouraged to integrate bikeways, pedestrian circulation pattems and transit amenities into proiect design. 3.3 The project review process witt include a prelimina4f assessment of the proiected traffic impact associated with all commercial projects and residential proiects greater than 50 dwelling units. 3.6 Development proposals witt be required to mitigate traffic impacts on County roads proportional to the development's contribution to those impacts. Mitigation may include, but not be limited to the following: A. Physical roadway improvements;B. lntersection improvements;C. Transit amenities;D. Signage requirements;E. Alternative traffic flow designs; F. Funding mechanism to implement necessary mitigation. Staff Comments Staff finds that Objective 3.5 seeks to minimize access points onto roads. While these roads in Grass Mesa are private, the safety concerns are the same. lt appears the driveway access for proposed Lots 1 & 2 could easily be shared thereby meeting this Objective. 4 5.0 RECREATION AND OPEN SPACE GOATS lnterconnect trailsysfem through the county with community trail systems. OBJECTIVES 5.1 Encourage the location of active recreational opportunities that are accessible to County residents. 5.2 The County wilt support and encourage the creation of open space, through the development and implementation of zoning, subdivision and PUD regulations designed to retain and enhance existing open space uses. 5.4 Rafting and fishing access will be strongly encouraged during the development review process. 5.5 Visual corridors are considered an impoftant physical attribute of the County and policies will reflect the need to carefully plan these areas. POLtCtES 5.1 Developments that propose densities above one (1) dwelling unit per acre and exceed 50 dwelting units witl be required to provide adequate recreational opportunities fo serye the residents of the project. Alternatives for meeting this requirement will be defined in the Subdivision Regulations. 5.2 tmportant visual corridors will be identified and appropriate policies developed to address the retainment of open space areas that link communities in the County. 5.5 With the cooperation of the Division of Wildlife, developments proposed in areas next to sfreams or rivers with rafting or fishing potential should dedicate easements for public access to these areas. 5.2 Developers shall develop and adopt sufficient standards for: A. Sefbacks from ridgeslmesas to ensure that sky-lining or reverse sky-lining do not occur; B. Building envelope designations that preserue visual corridors; C. Environmentally-sensitive orclustered development. Staff Comments This is a large / Low Density lot design that does not conflict with this section of the Comprehensive Plan. 6.0 AGRICULTURE ,SSUES /ssues identified throughout the Comprehensive Plan process relafed to agricultural uses include the following: . The rollover of agricultural land into more intense uses rs accelerating in the County; . Histoical agricultural lands are also those lands which present the least development con straints (geology, to pog raphy, wate r avail ability) ; . As the rural areas of the County continue to develop, the need to ensure compatibility between these uses and active agricultural lands will intensify; . A growing number of traditional agricultural lands can be expected to intensify into agricultural busrnesses, which may affect County land use policies designed for traditional ranching, grazing and crop production. GOAL To ensure that existing agricultural uses are allowed to continue in operation and compatibility issues are addressed during project review. Consider the use of Transfer of Development Rights. Join farmers and ranchers together to develop a land use plan for agriculture. Consider land trusb and conseruation easemenfs. OBJECTIVES 6.1 Ensure the compatibility of development proposals with existing farms and ranches. 6.2 Ensure that active agricultural uses are buffered from higher-intensity adjacent uses. 6.3 Developments adjacent to agricultural uses should be reviewed in a manner that allows for flexibility in resolving compatibility conflicts with adjacent uses. POLICIES: 6.1 Agricultural land will be protected from infringement and associated impacts of higher-intensity land uses through the establishment of buffer areas between the agricultural use and the proposed project. 6 6.2 Densities greater than the underlying zoning will be discouraged if the proposed development would adversely affect the adjacent agricultural operations. 6.3 Clustered development will be strongly encouraged in areas that present potential incompatible uses. Staff Comments It does not appear that this type of low density development will have any adverse affect on any existing agricultural activities in the area. 7.0 WATER AND SEWER SERY'CES ,SSUES The proliferation of lndividual Sewage Disposa/ Sysfems (/SDS) on individual sifes should be carefully reviewed in terms of sorT constraints and drainage characteristics of each site; High-density development, defined as exceeding one (1) dwelling unit per one (1) acre, should be located in areas where central sewage treatment facilities are either currently available, or feasible in the future. GOATS To ensure the provision of legal, adequate, dependable, cost-effective and environmentally sound seyyer and watersenrices for new development. OBJECTIVES 7.1 7.2 Development in areas without existing central water and sewer seruice will be required to provide adequate and safe provisions for these services before project approval. Development located adjacent to municipalities or sanitation districts with available capacity in their central water/sewer sysfems will be strongly encouraged to tie into these sysfems. Projects proposing the use of /SDS will be required fo assess fhe sife's capability to accommodate these sysfems pior to project approval. Development will be required to mitigate the impact of the proposed project on existing water and sewer sysfems. Garfield County will strongly discourage the proliferation of private water and sewer sysfems. 7.3 7.4 7.5 7.6 High-density development, defined as exceeding one (1) dwelling unit per one (1) acre, will be required fo assess fhe potential of connecting into existing central water and sewer facilities. POLICtES 7.1 All development proposals in rural areas without existing centralwater and/or sewer sysfems will be required to show that legal, adequate, dependable and environmentally sound water and sewage dr'sposal facilities can be provided before project approval. 7.2 Where logical, legal and economic extension of seruice lines from an existing water and/or sewage sysfem can occur, the County will require development adjacent to or within a reasonable distance, to enter into the appropriate agreements to receive seruice. The burden of proof regarding logical, legal and economic constraints will be on the developer. 7.3 The County will require developers proposing /SDS to provide data that demonstrafes fo the County that the proposed site can accommodate fhese sysfems prior to project approval. 7.4 Where /SDS is not feasible, Garfield County will require a sewage disposal system approved by the Sfafe of Colorado. 7.5 High density development is considered urban in nature and requires appropriate services. Through the Zoning Resolution, Garfield County will strongly encourage high-density development to locate in areas where fhese services are available. Staff Comments The soils in the area include Vale Silt Loam and Morval - Tridell Complex which are both well draining soil types and are suitable for ISDS. The Application states that they are going to require each ISDS to be engineered. This meets these provisions of the Comprehensive Plan. 8.0 NATURAL ENVIRONMENT ,SSUES /ssues related to the natural environment identified during the Comprehensive Plan process are as follows: o Tourism is an integral component of the economy of Garfield County. Therefore, it is essenfial that the planning process respect the natural environment that brings residents and visitors to the County; . The existing Management District Map, designed to address areas of minor, moderate, and severe environmental constraints, does not allow for specific hazards to be identified and mitigated; 8 . Protection of air and water quality should be an essenfia/ component af the Comprehensive Plan and subsequent amendments to the Zoning Resolution and Su bdivi sion Reg u I ations; . Development should respect the natural contours and drainage patterns on each individual project site; . lmportant visual corridors should be identified and companion design guidelines regarding signage, setbacks, buffer areas and landscaping should be formally adopted and enforced by the County. GOATS Gaffield County will encourage a land use pattern that recognizes the environmental sensitivity of the land, does not overburden the physical capaciU of the land and is in the best interesfs of the health, safety and welfare of Gafiield County. Enhancement of the river corridor. Protection of watersheds and flood plains. OBJECTIVES 8.1 The County of Garfield reserves the right to deny a project based on severe environmental constraints that endanger public health, safety or welfare. 8.2 Proposed projects will be required to recognize the physical features of the land and design projects in a manner that is compatible with the physical environment. 8.3 Garfield County will ensure that natural drainages are protected from alteration. 8.4 River-fronts and ipaian areas are fragile components of the ecosysfem and these areas require careful review in the planning process. 8.5 Development proposals will be required to address soi/ constraints unique to the proposed site. 8.6 Garfield County will ensure that natural, scenic and ecological resources and critical wildlife habitats are protected. 8.7 Development will be encouraged in areas with the least environmental constraints. POLICtES 8.1 Garfield County shall discourage and reserve the right to deny development in areas identified as having severe environmental constraints such as active landslides, debis flows, unstable s/opeg bedrock sfdes, major mudflows, 9 8.2 radioactive tailings, s/opes over 25 percent, riparian areas and wetlands and projects proposed within the 100 yearfloodplain. Garfield County shall discourage development proposals fhaf require excessive vegetation removal, cut and fill areas or other physical modifications that will result in visual degradation or public safety concerns. Natural drainage patterns will be preserved so fhe cumulative impact of public and private land use activities will not cause storm drainage and floodwater patterns to exceed the capacity of natural or constructed drainageways, or to subiect other areas to an increased potential for damage due to flooding, erosion or sedimentation or result in potlution to streams, rivers or other natural bodies of water. The County will require development with river frontage to address the issue through physical design in a way which will protect fragile wetlands and scenic resources and protect floodplains from encroachment. 8.5 The County will discourage development in areas where severe soil constraints cannot be adequately mitigated. 8.3 8.4 8.6 Garfietd County will protect critical wildlife habitat needed by state and federally protected, threatened or endangered species. Development within fhese designations that cannot be designed, constructed and conducted so as to have a minimum adverse impact upon such habitat or fhese wildlife species, shall be discouraged; however, it is the intent of this policy, that no private landowner lose the abitity to develop his/her land without fair compensation as a result of owning sig n ifica nt wi ld I ife h ab itat. Garfield County will require development on lands having moderate or minor environmental constraints to mitigate physical problems such as minor rockfalls, 17 to 24 percent s/opes, minor mudflows, potential subsidence, high water tables, slow percolation, radioacfive sor/s and/or corrosive and expansive soi/s. 8.7 Staff Comments There do not appear to be any areas of the property that contain significant challenges to low-density development. 10 IV. SKETCH PLAN COMMENTS The following is an analysis of the proposed development specifically including a review against the County's required zoning regulations of the ARRD zone district and a technical review of issues that would need to be further addressed in a Preliminary Plan (Subdivision) review. A. Zoning Uses The Application proposes single-family residential development on the two new lots being created which is allowed as a Use-By-Right. B. Zoning Dimensional Standards It appears that all of the ARRD dimensional standards (setbacks, height, lot coverage, etc. can easily be met. C. Domestic Water The Application proposes an individual well on each of the two new lots created and are represented on the site plan. The existing modular has an existing well and cistern. The Application included approved contracts with West Divide Water Conservancy for proposed Wells #2 and #3 each allotting 1-acre feet of water. Each contract provides the legal water for: 1 single-family residence 12,000 sq. ft. of home garden / lawn irrigation via sprinkler Watering of 2 animals Fire protection The Applicant will need to obtain well permits for each of the new lots and drill those wells so that they adequately produce as part of the Final Plat approval. During the Preliminary Plan review, a well pump test will need to be performed from the existing well to determine what the likely production will be. Regarding the physical components of the water system, the Applicant should review the following requirements found in Section 9:00 of the Subdivision Regulations included here: 9:51 requires an adequate potable and irrigation water supply shall be available to all lots within a subdivision, taking into consideration peak demands to seruice total development population, irrigation uses, and adequate fire protection requirements in accordance with recognized and customary engineering standards. 9:52 lndividual 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. 1l Water supply sysfems, on-lot or otherwise located in a floodplain, shall be designed to minimize or eliminate infiltration and avoid impairment duing or subsegue nt to flooding. 4:91 of the Subdivision Regulations requires that a water supply plan, at the same scale as the Preliminary Plan, shall provide the following information in graphic and/or written form: A. ln all instances, evidence that a water supply, sufficient in terms of quality, quantity and dependability, shall be available to ensure an adequate supply of water for the proposed subdivision. Such evidence may include, but shall not be limited to: 1. Evidence of ownership or right of acquisition or sue of existing and proposed water rights; 2. Historic use and estimated yield of claimed water rights; 3. Amenability of existing right to change in use; 4. Evidence that public or private water owners can and will supply water to the proposed subdivision, including the amount of water available for use within the subdivision by such providers, the feasibility of extending seruice to the area, proof of the legal dependability of the proposed water supply and the representation that all necessary water rights have been obtained or will be obtained or adjudicated, prior to submission of the final plat; and 5. Evidence conceming the potability of the proposed water supply for the subdivision. D. Sanitary Sewer System The Application states that ISDS will be used on each lot to manage wastewater and that those systems will be designed by an engineer. The soils appear to be suitable for this approach. Staff would suggest that this be included as a plat note on the Final Plat. Regarding the physical components of the system, the Applicant should review the following requirements found in Section 9:00 of the Subdivision Regulations included here: 4:92 A sanitary sewage disposa/ plan, at the same scale as the Preliminary Plan, shall provide the following information in graphic and/or written form: D. lf no central sewage treatment worksis proposed and individual sewage disposal sysfems will be utilized, a description of sewage, the disposal means, as well as evidence as the result of soil percolation fesfs and produce excavations to determine maximum seasona/ ground water level and depth to bedrock shall be provided. ln addition: lndicated by location on the plat; Performed and signed by a registered professional engineer licensed by the Sfafe of Colorado; 1. 2. t2 9:54 3. Adequate in number and location to meet requirements of the Garfield County lndividual Sewage Disposal Requirements and the Colorado Department of Public Health, Water Quality Control Commission; and E. lf individual sewage disposa/ sysfems are to be utilized, a proposed management plan for the operation and maintenance of on-site systems sha// be provided. E. Access ln / Out of Property The site plan shows the two newly created lots will obtain direct access to Mustang Mesa Trail which is a private road within Grass Mesa Subdivision. The existing house has a driveway from Cedar Breaks Road. The County does not have jurisdiction over these roads and can only comment as traffic impacts the connection to public County roads. The Applicant will be required to adhere to the Grass Mesa Covenants regarding access. As stated earlier, Staff recommends Lots 2 and 3 share a driveway from Mustang Mesa Trail to reduce traffic / turning conflicts thereby increasing safety on that road. This also would be compatible with the Comprehensive Plan. Public Access is provided to Grass Mesa Subdivision via Bureau of Land Management Right-of-Way. You will recall that an attorney for a similar subdivision reviewed the existing BLM Easement and Grass Mesa Homeowner's Association private road easement. lt was that attorney's opinion that these lots in Grass Mesa have legal access as required by Garfield County Subdivision Regulations of 1984, $a:60(C) and 9:31 . F. Traffic lmpact ln this case, it appears that adding two lots will generate approximately 20 trips a day which would not require any substantial improvements to CR 319 or CR 317; however, Staff suggests the Applicant meet with the County Road and Bridge Department prior to submitting the Preliminary Plan. The Subdivision Regulations will require the Applicant to submit a Traffic lmpact Study with the Preliminary Plan Application to determine what impact will be expected on the County road system. G. Fire Protection The property is located within the Rifle Fire Protection District (the District). The Sketch PIan Application states that the Applicant intends to either install a 30,000 gallon tank or improve the existing pond on the property to such a state so that it could provide fire protection water. ln the latter, the West Divide water contracts do allow for "fire protection" however, it remains unclear as to how much could legally be devoted to that use. Section 9:70 of the Subdivision regulations requires an Applicant to address and satisfy the following provisions in the Preliminary Plan Application: 9:71 Subdivision fire protection plans shall be reviewed by the appropriate fire protection district to ensure that all lots have primary and secondary access pornfs to escape fire entrapment. 13 9:72 Where a central water sysfem has fire hydrants, all fire hydrants shall meet the specifications for the appropriate fire protection agency, particularly with regard to thread size on the fire hydrants. H. Drainage Applicant shall be required to address the following regulations in the Preliminary Plan submittal (Section 4:80 and Section 9:41 - 9:44). A drainage plan, at the same scale as the Preliminary Plan and prepared by an engineer registered in the Sfafe of Colorado, shall depict the following information in graphic and/or written form: A. Existing water courses and lakes; B. Limits of tributary areas, where practical; C. Computations of expected tributary flows; and D. Design of drainage facilities to prevent storm waters tn excess of historic run-off from entering, damaging or being carried by existing drainage facilities, and to prevent major damage or flooding of residences in a one hundred (100) year storm, showing: 1. Area subject to inundation; and 2. Location and size of proposed culverts, bridges, ditches and channels. 9:41 Drainage easements, channels, culvefts and required bridges shall be designed by an engineer registered in the Sfafe of Colorado. 9:42 Alt drainage facilities shall be designed based on a twenty-five (25) year frequency storm. 9:43 Where new developments create run-off rn excess of histoic 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 three feet (3') beyond the driving surtace on each side. Culverts, drainage pipes and bridges sha// be designed and constructed in accordance with AASHO recommendations for an H- 20 live load. l. Wildlife An analysis shall be provided with the Preliminary Plan Application that indicates if there any impacts to wildlife and if any mitigation is required. 14 J. Soils / Geology The Applicant shall also address the following section in the Subdivision Regulations for Preliminary Plan. 4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SO/L, VEGETATION AND WILDLIFE lnformation on the following characteristics of the area proposed for subdivision shall be shown graphically and/or by repofts, whatever is appropriate, for a complete description of existing conditions, and shall include a "description and/or illustration by a registered professional engineer licensed by the Sfafe of Colorado of bedrock lithology and the stratigraphy of overlaying unconsolidated materials in sufficient detailto indicate any potential development problems resulting from groundwater, subsidence, instability in road excavations and ills, expansiye soi/s, drainage pattems, structural bearing strength, or the like;" K. Vegetation Management The County Vegetation Manager reviews Preliminary Plan Applications and commonly offers the following comments: 1) Noxious Weeds o lnventory and mapping-The applicant shall map and inventory the property, including the conservation area, for County Listed Noxious Weeds. . Weed Management-The applicant shall provide a weed management plan for the inventoried noxious weeds. Common area weed management-The applicant needs to address weed management in common areas including road rights of way, parks, and open space. lssues to address are monitoring, treatment, and funding. Covenants-lf the subdivision will have covenants this is an opportunity to encourage weed control with new property owners, and to let them know that they are legally obligated to manage county listed noxious weeds. 2) Revegetation The revised Revegetation Guidelines from the Garfield County Weed Management Plan (adopted on May 7,2001) calls for the following: . Plant material list.. Planting schedule.o A map of the areas impacted by soil disturbances (outside of the building envelopes).o A revegetation bond or security at Preliminary Plan and prior to Final Plat. 15 Please provide a map or information, prior to final plat that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. This information will help determine the amount of security that will held for revegetation' 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. 3) Soil Plan The Revegetation Guidelines also request that the applicant provide a Soil Management Plan that includes: . Provisions for salvaging on-site topsoil. . A timetable for eliminating topsoil and/or aggregate piles. o A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more' L. Easements / ROW There are several significant overhead electrical power lines running across the property. Should the Applicant consider a shared driveway, there may be the need for an access easement to cover that roadwaY. M. CC&Rs Although the proposed development will be subject to the existing Grass Mesa Subdivision Covenints, the Applicant is required to create any necessary restrictions and covenants, including a homeowner's association, specific to the proposed development' These CC&Rslfratt include a reference that each lot is subject to the existing covenants enforced by the Grass Mesa Home Owners Association. The Applicant shall submit the covenants for review with the Final Plat application, including information from Grass Mesa Homeowner's Association concerning how the new lots will be included in that Homeowner's Association. The Applicant is required to create a Subdivision lmprovements Agreement (SlA). The SIA wiil'be submitted as part of the Final Plat application and will govern the installation of the public improvements such as the shared driveway and fire protection tank. N. Assessment / Fees Traffic lmpact Fees will be calculated at the time of Final Plat submittal. The Applicant can expect to pay approximately $2,760.00; 50% of which shall be paid by the Applicant prior to approval of the Final Plat. lndividual Lot owners will be responsible for the remainder at the time of Building Permit Submittal. Language regarding this requirement shall be included in the Restrictive Covenants. 16 The proposed development is located in the RE-2 School District, which will require a standard impact fee of $200 per new lot. This fee shall be paid at Final Plat and included as a component of the Subdivision lmprovement Agreement (SlA). O. Recommended Plat Notes/ Covenants The County requires, at a minimum, the Applicant place the following plat notes on the final plat and in protective covenants: l. "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 normal 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 chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or othenruise of chemical 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. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." 3. "All 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 and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." 5. "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." 6. lf applicable, the following plat note shall be included regarding a severed mineral estate: "The mineral rights associated with this property known as the Hunt Ranch Subdivision have been partially severed and are not fully intact or transferred with the t7