HomeMy WebLinkAbout2.0 PC Staff Report 07.13.2005Exhibits for Public Hearing held on July 13, 2005
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A Mail Receipts
B Proof of Publication
C Garfield County Zonrng Regulat ons of 1978, as amended
D Garfield County Zoning Regulat ons of 1978, as amended
B Application
F Staff Memorandum
G Memorandum from the Road and Bridge Department dated 6109105
H Letter from Steve Anthony dated 1105105
I Letter from the Rifle Fire Protection District dated 6123/05
J Letter from the City of Rifle dated 6122105
K Easement Declaration
L Supplemental Information provided by Applicant
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PROJECT INFORMATION AND STAFF COMMENTS
PC 07 tr3105
Fl
Rural Lands Development Option (Exemption)
Davies MesaRanch Estates, LLC, Dancinger
Special Power of Appointment Trust (Mark
Nieslanik)
The Land Studio, lnc
Graham Mesa (1.5 miles northwest of the City
of Rifle)
723 acres
City of Rifle Water System
ISDS
CR 233 and private easement through the
Turgoose Ranch from CR 293
A/R/RD
A/R/RD
REOUEST
OWNER (APPLICANT)
REPRESENTATIVE
PROPERTY LOCATION
SITE DATA
WATER
WASTE WATER
ACCESS
EXISTING ZONING
SURROUNDING ZONING
I. DESCRIPTION OF THE PROPOSAL
The Applicant requests the Planning Commission recommend the Board of County Commissioners
approve an application for a Rural Lands Development Exemption Option (RLDO) for the Tybar
Ranch Rural Land Development Exemption (the Development). The Development consists of
subdividing 20Va of the723-acre Tybar Ranch into27 residential lots while placing the remainingSOTo
of the ranch into a 4}-year term agricultural conservation easement to be held by the City of Rifle.
More specifically, the Development consists of creating 27 residential lots that are approximately 4.5
acres in size and are clustered in two separate areas on the east and west portions of the ranch. The
remainder of the ranch (Lot 28) would remain in full-time agricultural use and would be governed by a
4O-year term easement held by the City of Rifle. Potable water service to all of the proposed lots is
provided by the City of Rifle's municipal water system. Wastewater from each of the lots is handled by
individual sewage disposal systems. Access to the lots is provided either by CR 233 (Silt Mesa Road)
or by way of a private easement from CR 293 (North Graham Road) through the Turgoose Ranch.
tr. SITE DESCRIPTION
The 123-acre ranch is generally located on Graham Mesa on the north side of the Colorado River
valley just 1.5 miles northeast of the City of Rifle. The Rifle Creek Canyon Ditch runs through the
west part of the property. The ranch itself is characterized as two gently rolling mesa levels that slope
in a southerly direction at approximately a l07o slope. The lower mesa consists of 3/t of the ranch
leaving the remainder of the Vn of the ranch on the upper mesa. Vegetation on the property consists of
irrigated pasture grasses over most of the property. There are areas around the perimeter of the ranch
that are not irrigated that are characterizedby sagebrush and low canopy pinion and juniper vegetation
typical of this elevation on steeper slopes.
u.REFERRAL COMMENTS
Staff referred the application to the following agencies / County Departments for their review and
comment. Comments received are attached as exhibits and incorporated into the memorandum where
applicable:
a) City of Rifle: Supportive of the proposal (Exhibit J)
b) Rifle Fire Protection District: Provided fire protection comments (Exhibit I)
c) Garfield County Road and Bridge Department: Provided comments (Exhibit G)
d) Garfield County Vegetation Management Department: Provided comments. (Exhibit H)
e) RE-2 School District: No comments received.
0 Resource Engineering: Comments are forthcoming.
tV. AUTHORMY OF THE BOARD OF COUNTY COMMISSIONERS
The RLDO is another form of an exemption from the definition of subdivision recently adopted by the
Board in 2000 and amendedin2002. To date, this is the second application submitted to the County.
The Board has the authority, pursuant to Section 8:71 of the Subdivision Regulations of 1984 and 30-
28-101(10)(X) C.R.S. to exempt properties that qualify from the definition of subdivision using the
Rural Lands Development Option also described as the Rural Land Use Process defined in30-28-402
C.R.S.
V. STAFF COMMENTS
Section 8:82(A) of the Subdivision Regulations contains the review criteria for a RLDO application.
Additionally, the provisions of Sections 8.50 and 8.60 (the "regular" Exemption) of these regulations
shall apply to the review of applications for approval of exemptions from the definition of subdivision
under the provisions of the RLDO except as modified by Section 8:81(B) of these regulations. The
following section contains an analysis of the Development with the required review standards for a
RLDO.
2
A. Eligibility
Lots may be created via the Rural Lands Development Option from any eligible parcel, as that
parcel was described in the Records of the Garfield County Clerk and Recorder's Office on
October 16, 2000 except where land was added to a previously eligible parcel, in which case,
changes to the legal description reflecting the added land may have occurred at any time without
jeopardizing the eligibility of the property. In the case where lands are added to an existing
property the existing parcel must have been at least 70 acres in size prior to the lands being added
and must have otherwise been eligible for development under the Garfield County's Subdivision
Regulations and Zoning Code. Owners of property otherwise eligible for the Rural Lands
Development Exemption Option may also seek approval of an application for exemption from the
definition of subdivision to the extent allowed in Section 8:52 (A) of these regulations.
Application for the 8:52 (A) of exemption may be processed either concurrently or separately
from the application for the Rural Lands Development Exemption Option.
Staff Finding
The application contains a title commitment from Commonwealth Title Company, deeds, and a
letter from Patrick Burwell of the Commonwealth Title Company that shows the subject Tybar
Ranch was actually 7 parcels as of January l,l9l3. However, for the purposes of this Exemption,
the property must have been at least 70 acres as of October 16,2000 and that is the case of the
Tybar Ranch containing over 700 acres as of October 16, 2000. Therefore, the property is eligible
to be reviewed under the Rural Land Development Exemption regulations as the ranch was
purchased by David and Emma Danciger in 1993 in its current configuration.
B. Number of Elieible Lots
The number of lots that may be created by the Rural Lands Development Exemption Option, in
addition to the Remainder Parcel, shall be one (1) lot for every thirty-five (35) acres contained in
the eligible property plus one (1) lot for every one hundred (100) acres contained in the eligible
property plus one ( 1) additional lot. A maximum of forty{wo (42) lots and the Remainder Parcel
may be created under the provisions of the Rural Lands Development Exemption Option;
including lots that may be or have been approved by exemption from the definition of subdivision
more specifically described Section 8.52 A. of these Regulations.
Staff Finding
The subject property contains J23 acres. The Applicant is not proposing to create any lots using
the traditional exemption process. Therefore, in addition to the remainder lot, the Applicant is
eligible for 28 new lots as a result of the following calculation:
Total Lots
20 lots
7 lot
1 lot
28 Lots
aJ
C. Adequate legal and physical water supplv is available
sraff Finding
The proposal intends to provide domestic potable water from the City of Rifle's municipal central
water supply system; therefore, the system installed in the development will be a central water
supply serving all 28 lots. The application contains a letter from the Matt Sturgeon, Director of the
City of Rifle's Planning and Development Department confirming that the City will provide out-
of-city water to the project upon execution of the approved pre-annexation agreement between the
City of Rifle and Tybar Ranch included in the application under Tab 1 l. The application contains
a copy of the pre-annexation agreement under cover of the aforementioned letter that provides the
details of the agreement for water service.
[Staff notes however, the pre-annexation agreement contemplates 29 Accessory Dwelling Units
(ADUs) along with the 27 lots. Under RLDO, the request for the ADUs cannot be considered
concurrently with an exemption requests, only through full subdivision. Therefore, while ADUs
are accommodated in the agreement, individual lot owners would be required to seek approval for
such units on an individual basis from the County and separate from this process. ln the event an
ADU is approved, it appears the water would be available via this pre-annexation agreement.l
D. The maximum road grade shall be 12 percent.
sraff Findine
The Applicant submitted supplementary information regarding the road grades stating that "all of
the primary roads within the Tybar Ranch project will be no steeper than l27o in grade. A
variance may be required for the emergency access as the grade on that road may exceed IZVo up
to a grade of 147o. The anticipated use of the emergency access road is for access/egress during
wildfires which occur in the summer when roads will not be snow covered. This variance would
be possible under Section 9:37 where the Board of County Commissioners may grant such a
variance upto l47o under the following provisions because the road design could be considered a
rural access, semi-primitive or primitive residential:
9:37 A variance to the maximum grade of l2Tofor minor collector and secondary access
categories and up to 147ofor rural access categories and up to l4Vofor rural access,
semi-primitive and primitive residential, may be approved by the Board of County
Commissioners at the time of the Preliminary Plan Public Hearing or if the
Preliminary Plan has been approved at the time of adoption of these regulations.
General consideration shall be given to the interrelationship between the length of
grade; its relation to curves and intersections and the transition between those
elements of a road. At a minimum, in order to approve the requested variance, the
following standards shall be met:
l. The applicant shall, by way of graphic illustration on a topographic map, show the
dffirence between a road that would comply with the grade requirements and the
proposed road with excessive grade.
4
2. The excessive grade is necessary to avoid the creation of a cut or thefill slope that
exceeds twelve ( 12) feet in height at the top of the cut or the bottom of the hill.
3. That the excessive grade section is the minimum length and the minimum increase
in grade necessary to provide access to all lots.
4. The excessive grade has a slope with exposure to maximize solar exposure and
minimize snow/ice build up.
5. All excessive grades in excess of l50feet in length on dead end roads shall have a
turnaround approved by the appropriate .fire district as to the adequacy of the
turnaround to meet fire equipment requirements.
6. If the applicant has not proposed or obtained Board of County Commissioner
approval for fire fighting water storage of adequate capacity at the top of the
excessive grade, the proposed excessive grade must peruit the transport of such
water.
E. Roads providing access to ten (10) or more lots must be constructed in accordance with the
specifications for subdivisions as prescribed in Section 9:35 of these Regulations.
sraff Finding
The proposal includes three separate roads serving three pods or clusters of lots. The roads
intended to serve the two clusters of lots on the west side of the ranch will serve a total of 8 lots
from CR 233 and are not required to be improved to the standards in Section 9:35. However, the
proposed road serving the cluster of lots on the east side of the ranch will serve a total of i 8 lots
thereby requiring that the road be designed according to standards in Section 9:35 of the
Subdivision regulations.
Section 9:35 requires that this road serving the 18 lots be designed to a Rural Access standard
because it is intended to serve 172.26 ADT generated from the lots. (It is also unclear how access
to Lot 9 is provided.) The Rural Access standard requires a 50'minimum ROW, two 11-foot
driving lanes, two 4-foot shoulders, two 6-foot ditches, with a gravel surface. The application
proposes a 60-foot ROW which would certainly accommodate the design components in a Rural
Access road.
The road serving lots 2 - 6 and the road serving lots 7 and 8 are not required to be designed to
standards in Section 9:35 because they are serving less than 10 lots; however, the application
proposes that both roads have a 60-foot ROW which would certainly accommodate what would
be required which is a Semi Primitive design (for Lots 2 - 6) which requires a 40' ROW, two 8-
foot driving lanes, two 2-foot shoulders, two 4-foot ditches, and having a gravel surface. The
application proposes a 60-foot ROW which will certainly accommodate these design components.
5
The County Road and Bridge Department reviewed the proposal and provided the following
comments: Garfield County Road & Bridge Dept has no objection to this application with the
following requests.
1) A 30-foot easement where the property adjoins CR 233 shall be deeded to Garfield
County;
2) All fences, structures, trees and brush that encumber this 30-foot easement shall be
removed prior to final plat;
3) A driveway access permit will be issued for the entrance onto CR 233 with provisions
specific to the driveway access; and
4) A stop sign will be installed at all entrances to County roads. All signs and installations
will be as required in the MUTCD (Manual on Uniform Traffic Control Devices).
F. Anlr road which is the onllr access to a residential lot(s) and whose leneth is in excess of one
thousand (1.000) feet shall be provided with appropriate emereencv pullouts. the location of
which must be approved by the Garfield County Engineer prior to construction.
staff Findins
Access to the ranch comes from two County Road (CR 233 and 293). CR 233 provides direct
access to Lots 1 - 8 while access to Lots 9 - 27 comes from a very long 60-foot non-exclusive
access easement from CR 293 through the Turgoose Ranch property then to the ranch (recorded in
Book 1489 on page 132). The Applicant also proposes a secondary emergency access fro the
ranch out to CR 210 by way of a 60-foot non-exclusive easement recorded in Book 1555 on page
993. The fourth page of this easement agreement illustrates the connections that both of these
easements connect to County Roads 293 and210.
More specifically, the road serving lots 10 through 27 is approximately 4,000 linear feet long as it
enters the ranch from an easement through a property to the south through the Turgoose Ranch
RLDO. The plan shows a secondary access route heading eastward out of the project off of this
road approximately 3,000linear feet up the main road. This road appears to connect to an existing
5O-foot easement between the applicant and Greg Tamborillo which extends southward to CR 210
which is illustrated bythe Easement Deed provided as Exhibit K. Staff finds this secondary access
route out of the Tybar Ranch out to CR 210 to be extremely imporlant due to the very long dead-
end cul-de-sac design of the main road serving Lots 10 - 27. This road will need to be designed so
that it can effectively provide access and support the weight of emergency response vehicles to
and from the property.
The application contains no commentary on where this secondary road connects to out of the
ranch. Also the road serving lots 2, 3, and 4 - 6 from CR 233 is also approximately 1,500linear
feet. No emergency pull outs have been proposed as part of either of these two roads. Staff finds
this standard has not been met.
Alternative Road Desien
As a point of discussion, Staff has discussed with the Applicant the possibility of providing a
looped road design to be located entirely on the Tybar Ranch that would come off of CR 233 that
would eliminate the need for the extremely long access to the south as the primary access road to
Lots 10 -27 as well as for a secondary access road through the neighboring property. While such
a design might split the agricultural open space into two sections, it would present a better / safer
design for the residential component of the overall project. Staff asks the Applicant to discuss this
alternative with the Planning Commission as it appears the topography / terrain would
accommodate such a design.
G. All buildines shall be located a minimum of thirty (30) feet from the hiehwater mark of all
perennial streams or outside of the desisnated floodplain. whichever is the greater distance.
staff Findine
There are no water bodies designated / mapped within the 1O0-year flood plain as administered by
FEMA located on the property. Further, the property does contain an ephemeral stream / drainage
that has been avoided by the lot / building envelope lay out so that this standard has been met.
H. No habitable building may be constructed within anlu known geolosic or wildfire or other
natural hazard area without appropriate mitigation of the natural hazard.
Sraff Finding
The application contains a geologic evaluation of the 27 building envelopes conducted by CTL
Thompson, Inc which is located at Tab 7 in the application. Generally speaking, the analysis "did
not identify any geologic conditions or potential geologic hazards that would prevent development
of the site for the intended residential / agricultural use." The report further states, "ln our opinion,
no geologic conditions or potential geologic hazards exist that will preclude development of the
site for single-family residential use."
The only potentially hazard included several areas where unstable slopes were identified and have
been mapped in the report. So long as these areas are avoided, no mitigation would be required.
Also the report suggests that excavation into slopes steeper than 307o should be addressed by a
geotechnical engineer on a site by site basis. The same was true regarding evidence of ground
water as a result of historic flood irrigation on the property, in that, ground water conditions
should be evaluated as part of a design level geotechnical evaluation for each building site. Also,
due to the soils in the area, CTL recommends site-specific soils and foundation investigations be
performed for structures to be built at the site.
Staff suggests the Applicant show the potentially unstable slopes on the plat so that the building
envelopes can be adjusted accordingly so that development avoids these areas.
I. All buildinss to be constructed on the groperty shall adhere to the National Fire Protection
Agency wildfire protection mitigation euidelines.
staff Findinq
The lots will be served by a central water supply from the City of Rifle with proposed fire
7
hydrants located through-out the residential lots. The Applicant states that the water system has
been designed to account for fire flows and fire hydrants throughout the residential areas of the
Tybar Ranch project per the Rifle Code. While Staff recommends this performance standard be
included as a plat note on the plat, the following information was also provided discussing the fire
protection. Specifically, the application was reviewed by the City of Rifle Fire Protection District
which provided the following comments:
1. The current agreement by the City of Rifle specifically exempts a guarantee of providing
adequate water for fire flows. In addition, data is not provided on hydrant spacing, hydrant
location, and size of water mains. The District recornmends hydrants to be placed within
500 feet of all structures with a maximum spacing of hydrants of 1000 feet in areas that
are not going to be built upon. In areas where inadequate fire flow exists (less than 1000
gallons per minute at 20 psi residual pressure) the district recommends installation of an
approved automatic fire suppression system.
2. The District would concur with Section 9 in the proposal, completed by The Land Studio,
that wild fire mitigation be completed in accordance with NFPA 299.
3. The roadways accessing lots 9 through 28 are unclear on the information provided. All
roadways are to meet recognized standards in grade, width, and driving surfaces.
Posting of addresses needs to be completed in accordance with the International Fire
Code. It is unclear if the roads are proposed as County roads or as private driveways. The
District would like to be further involved with the addressing system chosen, the specific
methods of physically identifying physical locations, and the maintenance of the
roadways.
These items being addressed in the final project will meet the District's requirements. As
additional plans of development progress, we would like them to be forwarded to us for
additional review.
In addition, the application contains a 1041 Wildfire Hazard Review (Tab 9) conducted by Scott
Formby, Forester which provided the following recommendations to protect lots from wildfire
hazards:
L. For all of the lots, vegetation should be less than six-inches tall for 15 feet around
structures. Woody vegetation should not be allowed I this zone. Additionally, there
shouldn't be any flammable material stored in this first area such as firewood.
Beyond this zone, all grasses should be kept below a height of6-inches out to a 100-foot
perimeter, especially for lots 10-18 where grasses are the primary fuels.
Lots 1 08 should follow the standards for keeping grasses below the 6-inch height. The
6.3)2publication Creating Wild-fire Defensible Zoneswe gave to you on November 19th,
4.
5.
2.
aJ.
8
2003 which should be used as the standard for mitigation on these and other lots. In the
pinion and juniper forest below or above the structures these lots should be thinned out to
where there is a 10-foot spacing between the tree canopies to a distance of 100 feet around
any structure.
Lot 9 was not visited on the trip, but from what I did see of the area, this lot needs the
most intensive defensible space. This is due to the approximate 25Vo slope and being
surrounded by heavier fuels. Referring again to publication6.302 and its slope correction
factors zone one should be changed from 15 feet to 30 feet. Also, in zone two, the spacing
between the tree canopies should be moved from 10 to 20 feet.
For Lots 19 -27, they also need to adhere to keeping the grasses below 6-inches for 100
feet around structures. If feasible on these lots, structures should have a setback of at least
100 feet from the edge of the mesa where the shrub cover begins. If this is not possible,
any shrubs within 100 feet of any structure should be thinned into groups. These groups
should be no larger in diameter than two times their height. Also groups should be no
closer than two and one-half times their height.
Any other treatment beyond zone2 and into zone3 would greatly increase the chances of
structures surviving a wild-land fire.
J. All property shall be maintained in a manner that prevents the proliferation of noxious weeds
on the property or to adjacent property.
Staff Finding
The Applicant provided a weed management plan found under Tab 10 in the application. The
County Vegetation Manager reviewed the plan and found that "the plan is general in nature and
does not address any specific weed species that may be located on site at the present time. Staff
requests that the applicant provide a detailed inventory and weed map of the property for the
Garfield County listed noxious weeds. Russian-olive, salt cedar, Russian knapweed, whitetop,
Canada thistle, and musk thistle are located in surrounding areas and may be on this property.
Staff is particularly concerned with the immediate management of Russian-olive and tamarisk if
they are detected on the property. Staff suggests the Applicant conduct this inventory and provide
this information prior to the Board of county Commissioners meeting on this application.
K. All Garfield County zoning requirements will be met
Staff Finding
The property is zoned Agricultural/ Residential/ Rural Density (A/R/RD) which allows for
residential development as a use by right. As proposed, the lots comply with the minimum lot
size. All proposed uses shall comply with the uses set forth in this zoning and all structures shall
comply with the dimensional requirements stated therein.
4.
5.
6.
9
As noted earlier, the pre-annexation agreement contemplates 29 Accessory Dwelling Units
(ADUs) along with the 2'7 lots. Under RLDO, the request for the ADUs cannot be considered
concurrently with an exemption requests, only through full subdivision. Therefore, while ADUs
are accommodated in the agreement, individual lot owners would be required to seek approval for
such units on an individual basis from the County and separate from this process. [n the event an
ADU is approved, it appears the water would be available via this pre-annexation agreement.
Otherwise, it appears the proposed exemption will not conflict with the underlining zoning as
proposed.
L. Wastewater
Staff Finding
The application proposes that wastewater for the 2l lots will be handled by Individual Sewage
Disposal Systems (ISDS). Tab 8 of the application contains a discussion regarding the use of such
systems on the property. Further, the CTL Thompson report indicates that while the soils and area
are appropriate for ISDS, percolation rates outside of the 5 to 60 minutes per inch will require
special engineered systems. They recommend performing percolation testing when actual
percolation field locations and elevations are known on a lot by lot basis at the time building
permits are sought.
M. All state and local environmental health and safety requirements have been met or are in the
process of being met
Staff Findine
Colorado Department of Public Health & Environment ISDS standards require the Countyto issue
an ISDS permit for all such systems installed in the County. The future lot owners will be required
to obtain the necessary ISDS permits from the county at the time building permits are obtained.
VI. STAFF RECOMMENDED FINDINGS
1. That proper posting and public notice was provided as required for the meeting before the
Board of County Commissioners.
2. That the meeting before the Planning Commission was extensive and complete, that all
pertinent facts, matters and issues were submitted and that all interested parties were heard at
that meeting.
That for the above stated and other reasons, the proposed exemption has been determined to be
in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
That the application has met the requirements of the Garfield County Subdivision Resolution
of 1984 a.a. Section 8:00, Exemption.
J.
4.
10
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of County Corqmissioners, shall be considered conditions of approval.
, I q[r\
Y 2. That the applicant shall ha\eJ2€ldays to present a plat to the Commissioners for signature' from the date of conditional dfproval.
Vtr. STAFF RECOMMENDATION
Staff recommends the Planning Commission recofilmend the Board of County Commissioners approve
the application for the Tybar Rural Lands Development Exemption with the following conditions:
3. That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemptionfrom the rules of Subdivision will be allowed.
No open hearth solid-fuelfireplaces will be allowed anywhere within an exemption. One
(l) 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.
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.
Individual Sewage Disposal Systems shall be engineered by a Professional Registered
Engineer within the State of Colorado if percolation rates fall outside of the 5 to 60
minutes per inch.
All foundations shall be engineered by a Professional Registered Engineer licensed to
practice within the State of Colorado
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 otherwise 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-ne gligent agricultural operations.
g) All owners of land, whether ranch or residence, have obligations under State law and
b)
c)
d)
e)
f)
11
i)
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 andmaintaining property. Residents
and landowners are encouraged to learn about these rights and responsibilities and act
as good neighbors and citizens of the CounQ. A good introductory source for such
information is "A Guide to Rural Living & Small Scale Agriculture" pLtt out by the
Colorado State University Extension Office in Garfield County.
One ( I ) dog will be allowed for each residential unit on Lots I - 5 and the dog shall be
required to be confined within the owner's property boundaries.
The entirely of land located within Lot 28 as shown on this plat is governed by a 4)-year
term conservation easement granted to the City of RiJle. The terms and conditions of this
easement are more fully described in the document entitled "Tybar Ranch Deed of
Conservation Easement" that shall be recorded in the records of the Garfield County
Clerk and Recorder's Office in Book . Page with the ieception
accordance to thenumber of ..All future activity on this lot shall be in
terms and conditions in this document.
j) All proposed excavation into slopes steeper than 307o shall be addressed by a
geotechnical engineer on a site by site basis and the information shall be provided to the
Building and planning department as part of a building permit application.p -o [\n*D 9 c4" n;t,
Stdff suggests the Applicant 'show'the potentially unstable slopes on the plat so that the
building envelopes can be adjusted accordingly so that development avoids these areas.
The Applicant shall address the following fire protection concerns prior to the public hearing
before the Board of County Commissioners:
A. The current agreement by the City of Rifle specifically exempts a guarantee of providing
adequate water for fire flows. In addition, data is not provided on hydrant spacing,
hydrant location, and size of water mains. The District recommends hydrants to be placed
within 500 feet of all structures with a maximum spacing of hydrants of 1000 feet in
areas that are not going to be built upon. [n areas where inadequate fire flow exists (less
than 1000 gallons per minute at 20 psi residual pressure) the district recommends
installation of an approved automatic fire suppression system.
B. The District would concur with Tab 9 in the application completed by The Land Studio,
that wild fire mitigation be completed in accordance with NFPA 299.
C. The roadways accessing lots 9 through 28 are unclear on the information provided. All
roadways are to meet recognized standards in grade, width, and driving surfaces.
D. Posting of addresses needs to be completed in accordance with the lnternational Fire
h)
4.
5.
72
I.
Code. It is unclear if the roads are proposed as County roads or as private driveways. The
District would like to be further involved with the addressing system chosen, the specific
methods of physically identifying physical locations, and the maintenance of the
roadways.
These items being addressed in the final project will meet the District's requirements. As
additional plans of development progress, we would like them to be forwarded to us for
additional review.
For all of the lots, vegetation should be less than six-inches tall for 15 feet around
structures. Woody vegetation should not be allowed I this zone. Additionally, there
shouldn't be any flammable material stored in this first area such as firewood.
Beyond this zone, all grasses should be kept below a height of 6-inches out to a 100-foot
perimeter, especially for lots 10-18 where grasses are the primary fuels.
Lots 1 - 8 should follow the standards for keeping grasses below the 6-inch height. The
6-302 publication Creating Wild-fire Defensible Zones we gave to you on November
19th, 2003 which should be used as the standard for mitigation on these and otherlots. In
the pinion and juniper forest below or above the structures these lots should be thinned
out to where there is a 10-foot spacing between the tree canopies to a distance of 100 feet
around any structure.
Lot 9 was not visited on the trip, but from what I did see of the area, this lot needs the
most intensive defensible space. This is due to the approximate 25Vo slope and being
surrounded by heavier fuels. Referring again to publication6.302 and its slope correction
factors zone one should be changed from 15 feet to 30 feet. Also, in zone two, the
spacing between the tree canopies should be moved from 10 to 20 feet.
For Lots 19 -2l,they also need to adhere to keeping the grasses below 6-inches for 100
feet around structures. If feasible on these lots, structures should have a setback of at
least 100 feet from the edge of the mesa where the shrub cover begins. If this is not
possible, any shrubs within 100 feet of any structure should be thinned into groups. These
groups should be no larger in diameter than two times their height. Also groups should be
no closer than two and one-half times their height.
Any other treatment beyond zone 2 and into zone 3 would greatly increase the chances of
structures surviving a wild-land fire.
6. The Applicant shall provide a detailed inventory and weed map of the property forthe Garfield
County listed noxious weeds. Russian-olive, salt cedar, Russian knapweed, whitetop, Canada
thistle, and musk thistle are located in surrounding areas and may be on this property. Staff is
particularly concerned with the immediate management of Russian-olive and tamarisk if they
are detected on the property. Staff suggests the Applicant conduct this inventory and provide
E.
F.
G.
H.
K.
13
this information prior to the Board of county Commissioners meeting on this application.
7. The Applicant shall submit a revised preliminary road design for all the roads that shows the
location of the emergency pullouts, fire hydrants, Rural Access design components, and
proposed improvements to the secondary emergency access road out to CR 210 so that it can
handle emergency response vehicles. This design shall be reviewed and approved by the Rifle
Fire Protection District. These plans and specifications shall be submitted prior to the hearing
\'r e
l-
\J
Jtx
/_)
t'
1
\
before the Board of County Commissioners.
proposed improvements to all of the proposed roads as well as the central water suppl
)
N,N
/system with fire hydrants shall be constructed / installed prior to the signing of the final
exemption plat. The Applicant shall deliver construction plan sets to the County for the roads
and central water system with the final exemption plat application for review by the County.
9. The Applicant shall provide a signed copy of the Contract to Provide Water Service and Pre-
Annexation Agreement to the County following the signing of the final exemption plat so that
both documents shall be recorded simultaneously in the Office of the Clerk and Recorder.
10. The Applicant shall provide a fully executed (signed by all parties) "Deed of Conservation
Easement" with the City of Rifle, CO as part of the final plat submittal documents to the
County.
11. The Applicant shall include the Fugitive Dust Control Plan submitted with the application as
an element in the protective covenants to be managed and enforced by the HOA. The Applicant
shall include provisions to this effect in the covenants to be submitted as part of the final plat
submittal.
12. Staff will require the Applicant establish a HOA to govern the ownership, use, maintenance,
and fiscal obligations as they relate to the access easements to the property as well as the
internal roads that provides access to all the lots in the development. This information shall be
submitted with the final plat documents at final plat.
13. The Applicant shall establish protective covenants to be administered by a Homeowners
Association that specifically provide covenants that assigns responsibility for weed
management on common areas, as well as individual lots.
14. Prior to the hearing before the Board of County Commissioners, the Applicant shall provide a
road design for the secondary access route out of the project that has demonstrated compliance
with the following standards so that the Board could adequately contemplate the request for a
variance:
A. The applicant shall, by way of graphic illustration on a topographic map, show the
difference between a road that would comply with the grade requirements and the
proposed road with excessive grade.
74
B.The excessive grade is necessary to avoid the creation of a cut or the fill slope that
exceeds twelve (12) feet in height at the top of the cut or the bottom of the hill.
That the excessive grade section is the minimum length and the minimum increase in
grade necessary to provide access to all lots.
The excessive grade has a slope with exposure to maximize solar exposure and
minimize snow/ice build up.
All excessive grades in excess of 150 feet in length on dead end roads shall have a
turnaround approved by the appropriate fire district as to the adequacy of the
turnaround to meet fire equipment requirements.
If the applicant has not proposed or obtained Board of County Commissioner
approval for fire fighting water storage of adequate capacity at the top of the
excessive grade, the proposed excessive grade must permit the transport of such
water.
C.
D.
E.
F.
tf 1' 12 bu'Ub k e\{
15
have a nice format for appointed boards
etc. ]t would be nice if the selecEion
were Lhere as wel-l-. . .
In our case, any operative bylaws shoul-d
and commissions showing expiration date of terms,
process for those and duties and responsibilities
. also be present ' . .
A. SIA Template (cmd and dd)
B. Wel] Sharing Agreement template (js and
(-'
,A,/tc. securiEy Agreement Template (cmd and dd)
dd)
(
and efected officials
This would include our current "non-referral" policy
thinking about inquiries abouE firms... (js, with rr and fj)
(i ,ant Lhis in Ehe workbook. It needs to be front and centerl rr)
F. Helpful Hints in making presentations and submitting materials (fj and rw)
G. (Reserved) Affordable Housing qualifying formulas and procedures (rr)
H. Referral Agency and Key Resources web siLe contacts (Feds, State,
Conservancies, etc. .. ) (rw and rr)
1. IGA's and MOU's in Place (d(Esld
J. Airport Overlay zorLe, Additional
K. Rifle Drinking Wat.er Overlay ZQne,
(mb)
L. Reclamation fssues Primer, County Noxious Weed List (cmd and Steve anthony)
M. Current Fee strucLures and charges. Links to supporting documents and policies
(mb)
O. Contact list for all Current. Boards and Commissions (rr with
sEaff ) (,JusE in Web SiEe? but who does?)
p. Contact list for afl current Staff and ElecEed Officials (rr with
(Just in web site, but who does?)
\
D. yield Analysis Formula Template (fj).------) Jo Nt Lvr'\{v-
E. Codes of Ethics and Dealj-ng with County Planning and Lega1 Staff, appointred
n'lc )
rnformation (cmd;-- 'n ltT'
Additional lnformation .-i^ q
\**staffl \
O. County Policies on entering into
CDOT or other contractual agreements
Lead or Local APPIicant responsibilities for
W2 v/'"'A\-'
red
t
R.
directl
for noise barriers, tra truction, etc. (rr)
dget a1Ioc
1 1tyno
Ir
velopment a -cants (ho ho,
[ns to.,coa" ier"ti. now, but
reserv-ql)-"-
T. Steps to a successful Pre-application conference (fj ar}d-Job)-
U. Introduction to the Workbook, and amendments to the Contents
(rr, f) , mb)
Coun
...) Irr ).-. _----''-
--..-- F-- --- --
_-/"
? --*<ifon on updates ,. reviElorr{ffi intgyree{"ations to.-Coi
Eor specific p
this be n
And Etc. Fred was running a list here, some work's been done, what have I missed?
lt$ul rulp !q]$!i!! Ils [[[l ;
t!#tllu'
EXHIBIT
!D.og
This Easement Declaration is made by Greg Tamburello and Anne Tamburello ("DECLARANT")'
whose adclress is 1743 CR 210, fufle, CO 8 l650.
DECLARANT hereby creates the following described Easement, with the following described non-
exclusive rights and obligations lo use of the following described easement.
tlo
N.J
5c
.^Aa
l. Declarant hereby creates a non.exclusive easement, for access and utilities dcscribed as follows:
A STRIP OF LAND 60 FEET IN WIDTH FOR THE USE OF ACCESS AND UTILITY PLACEMENT SITUATE IN THE
sEr/4sEl/4 sEctoN 3 AND rN rrie gvisecrroN 2 AND IN THE Nwl/4NEl/4 sECTloN 10, TOWNSHIP 6 sourH'
RANcE 9i wEsr oF rrre sriid pnr*ctpet vEnrolAN. coLNTY oF cARFIELD. srArE oF CoLoRADo sAID
ACCESS AND UTILITY EASEMENT IJYINC 30 FEET TO EACH SIDE OF THE FOLLOWINC DESCRIBED CENTERLINE:
THE TRI'E POINT OF BEGINNING;
THENCEALoNcSAIDCENTERLINETHEFoLLowINoFIFTEEN(15)CoURSES:l) No0"3s'32',W 1349.u FEE',I:
2) Nt9"3E'00"8 38e.73 FEEI';
3) N2E'22'58"8 l9?.65 FEET;
4) N20'17'54'E 110.36 FEETi
5) Nl3"l3'53'E l6s 4o FFET:
5) N42',02's3',E200.71 FEET;
7) N47"52'24'E 173.28 FEET;
s) ALONG THE ARC OF A CURVE TO THE LEFT HAVTNG A RADIIIS OF 200.00 FEET AN ARC LENGTH OF
I33.30 FEET (CHORD BEARS N24'I8'5I "E I30.84 FEET);
9) N03"30'36"E 175.00 FEEr;
l0) N09'33'22',w 71.80 FEET;
I I ) s89"58'57"8 51't .29 FEET:
I 2) S89',s8',s7'E 939.42 FEETI
I3) N59'54'ol"E 313.38 FEET;
I4) ALoNCTHEARCOFAculRVETorHERtcHTIIAVINGARADIUSOF125.00FEETANARCI,ENGTHOF
107.01 FEET (CHORD BEARS N84'2547',E 103.79 FEET) ;
l s) s70.39'36-E 80.25 FEET ToiTHE EAsr LINE oF sAtD PARCEI- 5, A PoINT oF TERMINUS;
ryHENCH salo ensi itri conlpen BETwEEN sECTroN 3 AND sECTIoN l0 BEARS s65"38'21"w 30EI'29 FEET'
sloe iiiiei id ei r-ENCirusNED oR SHoRTENED ro closE uPoN PRoPERTY LINES; AND
EASEMENT TO EAST LINE OFIPARCEL 6:
CoMMENCrN@ToFTERMiNUsoNTHEEASTBoLINDARYoFPARCEL5,THENCE
ALONG SAID CENTERI-INE, THE FOLLOWING SIX COURSES:
| ) S70"39'36"E 91.50 FEET; l
2) 56l'30'48"E 23 l. l4 FEET;
3) S70"59'45"E 625.59 FEET:
4) ALoNG THE ARC OF A CURIVE TO THE LEFr HAVTNC A RADlus oF 100.00 FEET AN ARC LENCTH OF t27,45
FEE r (CHORD BEARS N?2"2936"E I 1 8.99 FEET);
5 ) N3,s'sE' 5 8-E 223.5 6 F EET ;
e ) Noo"zz'sl-w 2l I .54 FEEi To A porNT oF TERMINUS oN THE NoRTH AND EAsr BOLNDARIES oF PARCEL 6'
wgrNcs ini6 dasr liil coBNER BETwEEN sEcroN i AND sEcrtoN I 0 BEARs s70'-s8's5"w 4l s8.01
rgsr, srog uNes io sd lmicrHeNeo oR sHoRTENED To closE uPoN PROPERTY LINES: AND
EASEMENT rO SourH LINE qF P4RCEL 6:
cotuuenctffioFTERMINUsoNTHEEAsTBol.JNDARYLlNEoFPARCEL5,
meNcb] lio:Nc iern der.irirru-rNe, s70"39'36-E 91.50 FEET; THENcE s61"30'48"E 231.14 FEET ro rHE
porNr oi.s;c;;;;;;.:5, *:15:lcl .^.:-cl:c s,^.tD cENTEpIt).15, THE FOLLOWING EIGHT COURSES::
l) 545"04'51'E 206'80 FEET; ; I
2) 547'54'13"E 274.7t FEETi i
3) ALqNG rH-e anc or. atuilw rlo rHe RIGHT HAVING A RADIUS oF 125.00 FEe-r AN ARc LENGTH oF 93'83
FEET (CHORD BEARS S[8"14103"8 91.64 FEET):
4) S03',M'32"E I 19.20 FEEf; i
c:\cllENTS\Tamburello\Smith\Acccss & Utililly liaserrEnts\agr Easement Dec 03070l.rtf; Page I of 3
Revised: OTl}ltOS I I :14 AM; ptinted: 07/01/03 4:53 PM
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frl2.1!dorEO .l-{
haod
oH
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cor,,rr'iNSECTloN3ANDSECTloNl0,ANALUMINUMCAPtNPLACE:
THENCE S OO'42'37' W I3I9,67 FEET TO A, POINT ON THE NORT}IERLY RIGHT{T-WAY OF COUNTY ROAD NO' 293
ili
EASEMENT DEQLARATION
(Amen-dment and Extension of Eisffint Dreclaration recorded l2l19/03. #616842- B.l4l8 P' 429)
lllllll lllll illllllllll lllllll llllt lll lllll lllllll
63LooO O7/A3/2O93 12:39P 81489 P133 ll ALSDORF
2 of 3 R 16.00 D O.Og GRRFIELD COUNTY C0
5) 521"55'00*E 195.62 FEET;
6) ALONG THE ARC OF A CTIRVE TO t'HE RrGHT HAVTNC A RADlt,s oF 144.69 FEET AN ARC LENGTH OF
146.0s FEET (CHORD BEARS 508'44'41"W l3e'93 FEET):
7) S37"54'27"W 138.82 FEETI
8) Ss0"16'-32-w 228.15 FEm TO A POINT OF TERMINUS ON THE SOUTIj LtN[' OF PARCEL 6 AND NoRTH LINE
oFNWli4NEl/4NWl/40FSEc. Il,T 6S., R 93 W, 6B PM'
' WHENCE SAID EAST I/I6 CORNER BETWEEN SECTION 3 AND SECTION IO BEARS 589'30'4I"W 3295'23 FEET'
SIDE LINES TC) BE LENGTHENED OR SHORTENEI) TO CLOSE UK)N PROPERTY LINES; AND
EASMENT TO NORTH LINE OFiPARCEI- 6:
coprpreNc@sENo.l5'PoINToFTERMINUS:THENCE,ALoNcsAlD
ceNreninrg- s70"39'361h 91.s0 FEET To rHE poNT oF BEGINNINcT ]'HENCE. ALONC sAlD
cENrEilLiN;: r.ro-o"l: as{w 104.06 FEEr ro A porNr oN rHE NoRTHERLY LINE oF PARCEL 6. oNE
porNicii iE-nuir.ryi roh 5AJD EAsEMENT (wHENCE THE NoRrHwEsr coRNER oF PARCEL 6 BEARS
s8e.2;ii"w s; qi eeerlitsior LnqEs ro BE LENGTTTENED oR SHoRTENED ro closE uPoN PRoPERTY
LTNES.
i
(Dqscription of easemenr cr€steU dy; Scou E- Aihner, L.S. f 3 I 143, Bookcliff Survey Serviccs. lnc., l -i5 East Third St , Rifle,
co 81650)
I
2. SaidEasementshall beforuseth{ownersofParcels2,3,4,s,and6(asdescribedinBoundaryLine
A-djusfinent AfTidavit recorded ai i.s''1,iid.; }.1;. d l j343 B. l4 l s, P. 432) end other lands located in Secs. 2, 3, and
I I , to which Declarant grants rights to usel ofthis easement, their successors, assigns, agents, employees' tenants.
guests and irrvitees, fori private-ac..tud'fO, and utility and drainage purposes, subject to the terms, conditions and
provisions hereinafter set forth.
i
3. This Declaration is made, with[ut warmnty of any kind, either as to title, authority, or as to the road's
quality, safety, condition. or future usabilify. To tlre extent this document is considered to be a conveyance, it shall
be considered a quit claim deed.
4. The easement shatl be non-e*cltusive and appurtenant to the above-described properties to which access
is granted by this Agreement. No right torfhis Easement can be granted. conveyed or transferred. separale from an
inierest in rhe lands to which accessls glahtedlby this Agreement. This Dcclaration does not give the Easement
owners right to gant any right to ttre puUtlc for use of the easemenl without the express written agreement of the
DECLARANT. I
5. The easement is subiect to the fiollowing terms and conditions:
A. Declarant, o. o*n..C of landJburdened by the Easement, may incorporate said easement into a
subdivision and use the easement foraccois to other lands. Any such lands using this easement for access shall
conlribute proportionately to maintenancql and : repair costs.
B. Owners of lands burdened by the Easement may relocate, at their expense, one or more
portions of the easement from time to tim{, but the relocated easement shall be of similar character and utility.
C, Easement owners shdll bd solely responsible for any maintenance or repair deemed necessary
by them for use ol'the easement and shall lepair, at iheir sole expense, any damage caused by their use. Declarant
shall not have any obligation to contribut{ to a5ry such maintenance or repair, except to the extent that Declarant is
an owner of lands served by the easementl TIre costs of repair, maintenance. snow plowing, and other expenses of
upkeep and preservation of the F,campnr iJnatllhe the sole resoonsibilitv of the owners of lands served by the
Easement, and such costs;hall be shared [,] t-t1. n*r"rs of the respective lands, one share for each single family
residence served by the Easement. l
D. This Easernent shalllbe gbverned by and construed in accordance with the laws of the State of
Coloraclo and the Easement owners, UV tH|ir ube of the road, consent, subject to the following arbitration provision,
to the personal jurisdiction of the District f,ouit of Garfield County, Colorado regarding any issues arising under this
agreement. i
E. This asreemcnt and lhe tdrms, conditions and provisions hereof may be enforced by the owners
ofthe benefited Lots, their-successoo andlu..it[nr. In the event that litigation or arbitration arises out ofthe re'
Iationship creared by this agreement or udf of ihe easement, the prevailing parry shall be entitled to reimbursement
for its reasonable attorneys' fees, expense$, and costs incurred in connection therewith.
i
C;\CLIENTS\Tamburello\Sntith\Access & Utilitly iJ*"mnnts\agr Easemenl Dec 03070l.rtfi Page 2 of 3
Revised: 07/01/03 I l:14 AMI prin(ed: 07/01/03 4:53 PM
lti
llllll illl llllll llll [[ ltllll]rli!]LI!ryil llll
'a{{ciso -st to3/2ao3 #lSsF"Eiaag Fiic r'! ALSDoRF_AA
l:OPtrTFI D COTJNTY COiof3R16.00D O.OO GRRFIELD COUNTY
corrrmon interest communitY.
oasement for emergencY vehicies,
K. This
F. Easement owners, shall hold DECLARANT harmless and indemnify DECLARANT from any
claim, demand, injury, aut"ug., fi.Uifity or obligation whatsoever resulting or arising from owners usc of the
easement or usc by anyone under authorify or invitation of Easement owners of the iasement hereby granted' which
i"J.tnity shall inlludi reasonable attorney's fees, expenses and costs'
^ . ,
c. Any dispute arising *a.. trrir ege...nt or use of the Easement shalt be resolved by binding
arbitration, pursuant to the Rules of thelmerican Arbltration Association, or as otherwise agreed by the partics'
Any award resulting llont-such arbitration may be enfn'"ed as a judgment under the Colorado Rules of Civil
Procedure.
H. Declarant or subSequent Lot owners may inCOrporate the terms hereof into the covenants of a
l. Under no circum5tancgs/l I
is shall road access be deniedto or from any Lots ovelald.lcro.ssthe road
.-_ ---. --l -^,,--Irr!ll!, ot9 Suvwr
on the successo
ffinc;;t officials while on official business'
05
"i#3ff;i,ji|li3$;I'?i[""T:lied berore J,i'-ac.r.v "|-S! -'
2@r, bv
Uinaing on the successors a2d assigns of the parties'
Greg Tamburello and Anne Tamburello.
Witness by hand and official -sealil i'.'
My commission .*Pires: c\\ir\c5*
SEAL:
'i&/t,,,
\--r.--e-!'...:
ffi,slll#ffiffi;'nn ExPttts uv;'-"'
ClCLIEN'tS\Trunburello\Smith\Access & Utilitly tasemcnts\agr Easement tXc 030701'rtf; Page 3 of 3
Revised: 07/01/0-1 ll:14 AM; printed: 07/01/03 4:53 PM
DECLARANTS:
Fred Jarman
From:
Sent:
To:
Cc:
Subject:
Douglas Pratte flandstudio2@comcast.net]
Thursday, July 07, 2005 1:32 PM
Fred Jarman
Shane J. Harvey; Chris Manera; Emma Danciger; Mark Nieslanik; Michael Langhorne;
Cameron Sewell; Thomas Todd
Response to Planner Questions re: Tybar RLDEO Application
Hel-Lo Fred,
It was good to tafk to you this morning regarding the Tybar Ranch
application. The foll-owing are brief responses to the questions that
you posed this morning regarding the application.
1. The water system has been designed to account for fire fl-ows and
fire hydrants throughout the residential areas of the Tybar Ranch
project per the Rifle Code.
2. The 60' ROW within the Tybar Ranch project is wide enough to provlde
for emergency vehicle pullouts as required by the Rifle Fire Protection
District. The location and design of these pullouts will be
coordinaEed with Ehe Rifle Fire Protection District prior to the
construction of the access roads within the project.
3. All of the primary roads within the Tybar Ranch project will be no
steeper Lhan 1-2v. in grade. A variance may be required for the
emergency access as the grade on that road may exceed 1.2Z up to a grade
of 1-42. The anticipated use of the emergency access road is for
access/egress during wildfires which occur in Lhe summer when roads
wil-I not be snow covered.
4. Access to the Tybar Ranch project is directly off of County Road 233
for Lhe wesEern lots. The primary access for the easEern lots resides
within a 6Ot easement to County Road 293 recorded in Book 1489 on page
t32. The 60' emergency access easement for the eastern lots to County
Road 210 is recorded in Book L555 on page 993. The fourth page of this
easement agreement il-lustrates the connections that both of Lhese
easements make to County Roads 293 and 21-0. I have copies of these
easements in my office but they are faxed copies and may be difficult
for you to decipher should I fax them again. It may be cfearer if your
copy them at the clerk's office. I have also talked with Michael
Langhorne at Bookcli-ff Surveys to note the access easement locations
and book/page numbers on the RLDEO Plat for clarity regarding access.
Michael and Chris Manera can join us for a site visit tomorrow morning.
I witl pick you up at your office at 8:30 AM and we can head to Rifle
together. Thanks for all of your attention to this project and I'11
see you in the AM.
Douglas Pratte
The Land Studio, Inc.
1002 Lauren Lane
Basalt, CO 8a621(970) 927-369o phone
(970) 927-426L fax
1 andstudio2@comcast . net
EXHIBIT
L
fnuu'fn' Exhibits for Public H€ering held on July 13,2005
\U'^Y
7
V
Exhibit Letter
(Ato Zl
Exhibit
A -lv4aillteoeipts 9,*.-a;4 \rkl 11t^
B P+oofef+ubliec*ie+-L4'
C*Garfield County Zoning Regulations of 1978, as amended
DO Garfield County
E Application
F StaffMemorandum
G Memorandum from the Road and Bridge Department dated 6109105
H Letter from Steve Anthony dated 7105105
I Letter from the Rifle Fire Protection District dated 6123105
J Letter from the Citv of Rifle dated 6122105
K Easement Declaration
L Supplemental Information provided by Applicant
M Letter from Resource Engineering dated 7llll05
N Responses to conditions from the Applicant dated 7ll2l05
I''IITTTIIIIIITIIITIIIIII
Mr. Fred Jarman
Garfield County Building and Planning Department
108 Eighth Street, Suite 201
Glenwood Springs CO 81601
July 11, 2005
RE: Review of the Rural Lands Development Exemption for TY Bar Angus Ranch
Dear Fred:
At the request of Garfield County, Resource Engineering, lnc. (RESOURCE) has
reviewed the Rural Lands Development Exemption for the TY Bar Angus Ranch near
Rifle, Colorado. The submittal includes a spiral bound package dated April 26, 2005.
We reviewed the technical issues related to water rights and water supply, wastewater,
drainage, geology/soils, wetlands, and traffic. Our comments are presented below.
WATER RIGHTS AND WATER SUPPLY
The project is proposed to be servecl by connection to the City of R.ifie municipal water
system.- The City provided a letter dated February 14,2005 which states that it can and
will serve this project upon execution of the approved Pre-Annexation Agreement
between TY Bar Angus Ranch and the CitV of Rifle. The Agreement provides for service
for up to 29 single family units and 29 accessory dwelling units.
The "West System" (Lots 1 - 8) will be served by a water distribution system connected
to the City main line located in County Road 233. Such distribution system will be
designed and constructed to City standards and will provide adequate pressure and fire
flows.
The "East System" (Lots 9 - 27) will be served by a water distribution system connected
to the City main line at the City water storage tank located west of Lot 27. The East
System will not provide adequate pressure and fire flow due to the high elevation of
these lots. A pump station is required to provide municipal water service. The East
System may require CDPHE approval as a "consecutive system". The water source and
treatment would fall under the City approved system, but the ciistribution system would
be regulated and approved by CDPHE.
The water system layout and design have not been submitted. The water system shall
be approved by the City of Rifle, GARCO andlor CDPHE (as appropriate) prior to the
conveyance of a lot. Since the exemption option does not have a final plat and SIA
process, the Applicant should propose a mechanism by which the County can ensure
design, approval, and construction of the water system, if it is not to be constructed prior
to BOCC signature of the exemption plat.
The Applicant should obtain a letter from the Rifle Fire Protection District indicating
approval of fire protection for the East System. The project shall follow the
recommendations in the Wildfire Hazard Review prepared by Scott Formby iq'a letter .
dated November 25,2003. ':
JUL I 1 2005
ilr,'ffi,'.?;-,f#^iJJ,
Fax [97O] 945-1137
FIESbUHCE
ENGINEEFlING INC
Consulting Engineens and Hydnologists
9O9 Colonado Avenue I Glenwood Spnings, CO Al 6C)'1 I t97O) 945-4777 a
EXHIBIT
Mr. Fred Jarman
Page 2
WASTEWATER
July 't 1, 2005
lndividual Sewage Disposal Systems (ISDS) are proposed for the project. The 4 plus
acre lots are appropriate for ISDS. The CTL Thompson November 8, 2004 report
indicates that the soils are generally suitable for conventional ISDS systems.
Percolation rates are anticipated at 10 to 100 minutes per inch. Engineered ISDS
systems may be required.
DRAINAGE
The exemption process requires that provision be made for any required storm drainage
improvements (Section 8.52.F). The submittal does not address drainage issues.
Review of the site mapping indicates that roadway culverts meeting County criteria will
be required. Design and construction of such culverts shall be included with the road
design described later.
SOILS/GEOLOGY
The CTL Thompson report indicates that potentially unstable slopes, low density and
expansive soils, and ground water will be encountered on the project. Therefore, a site
specific geotechnical investigation and foundation design shall be required with the
building permit application for each lot.
The geologic hazards map prepared by CTL Thompson should be overlaid on a site map
to ensure that the building envelopes are outside of the potentially unstable slope area.
TRAFFIC/ROADS
Since the project serves more than 10 lots, the internal roads shall be designed in
accordance with Section 9.35 of the County Subdivision Regulations. This project
requires a rural access road with a 50 foot right-of-way. The proposed exemption plat
appears to provide a 60 foot right-of-way. The road right-of-way should be dimensioned
on the map. As with the water infrastructure, the roads must be designed and
constructed prior to any conveyance of a lot.
Please call if you have any questions or need additional information.
Sincerely,
Michael J. Erjdn, P.E.
Water Resdurce Engineer
MJE/mmm
885-34.0
E:\Client\885[ ty bar angus exemption 885.docCC: Chris Manera, P.E., Colorado River Engineering
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lllttITIIIE N G I N E E F I N G I N C
EXHIBITIIil
Tybar Angus Ranch
Rural Lands Development Exemption Option
Applicant Responses to the Garfield County Staff Recommendations
Iuly 12,2005
STAFF RECOMMENDATION
for Approval
Staff recommends the Planning Commission recommend the Board of County
Commissioners approve the application for the Tybar Rural Lands Development
Exemption with the following conditions:
1. That all representations of the Applicant, either within the application or stated at
the meeting before the Board of County Commissioners, shall be considered
conditions of approval.
The applicant agrees to this condition.
2. That the applicant shall have 120 days to present a plat to the Commissioners for
signature from the date of conditional approval.
The applicant requests the ability to extend the time frame for presentation of the
plat to the Commissioners to one year. Prior to submittal of the plat, security will
be provided to Garfield County to insure that the completion of road, water,
electrical, and telephone infrastructure for the project will be completed by the
owners prior to the sale of any lot or the construction of a residence on any lot.
3. That the following plat notes shall appear on the Final Plat:
a) No further divisions by exemption from the rules of Subdivision will be
allowed.
b) No open hearth solid-fuel fireplaces will be allowed anywhere within an
exemption. 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.
c) 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.
d) Individual Sewage Disposal Systems shall be engineered by a Professional
Registered Engineer within the State of Colorado if percolcttion rates fall
outside of the 5 to 60 minutes per inch.
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All foundations shall be engineered by a Professional Registered Engineer
licensed to practice within the State of Colorado
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 Gaffield 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 otherwise of chemical fertilizers, soil amendments, herbicides,
and pesticides, any one or more of which may naturally occur as a part of a
I e g al and non- ne g li g e nt a g r ic ult ural o p e r ations.
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 Garjield County.
One (1) dog will be allowedfor each residential unit on Lots I - 5 and the
dog shall be required to be confined within the owner's property boundaries.
The entirely of land located within Lot 28 as shown on this plat is governted by
a 4)-year term conservation easement granted to the City of Rifle. The terms
and conditions of this easement are more fully described in the document
entitled "Tybar Ranch Deed of Conservation Easement" that shall be
recorded in the records of the Garfield County Clerk and Recorder's Office in
Book Page with the reception number of
lot shall be in accordance to theAll future activity on this
terms and conditions in this document.
j) All proposed excavation into slopes steeper than 307o shall be addressed by a
geotechnical engineer on a site by site basis and the information shall be
provided to the Building and planning department as part of a building permit
application.
The applicant agrees to this condition.
4. Staff suggests the Applicant show the potentially unstable slopes on the plat so that
the building envelopes can be adjusted accordingly so that development avoids
these areas.
e)
f)
8)
h)
5.
A.
The applicant agrees to this condition.
The Applicant shall address the following fire protection concerns prior to the
public hearing before the Board of County Commissioners:
The current agreement by the City of Rifle specifically exempts a guarantee of
providing adequate water for fire flows. In addition, data is not provided on hydrant
spacing, hydrant location, and size of water mains. The District recommends
hydrants to be placed within 500 feet of all structures with a maximum spacing of
hydrants of 1000 feet in areas that are not going to be built upon. [n areas where
inadequate fire flow exists (less than 1000 gallons per minute at 20 psi residual
pressure) the district recommends installation of an approved automatic fire
suppression system.
The applicant agrees to this condition. Please note that it may take more than a
typical45 day period between the P&Z meeting and the BOCC hearing to address
the details of the water system. These details will be worked out prior to the
BOCC hearing.
The District would concur with Tab 9 in the application completed by The Land
Studio, that wild fire mitigation be completed in accordance with NFPA 299.
The applicant agrees to this condition.
The roadways accessing lots 9 through 28 are unclear on the information provided.
All roadways are to meet recognized standards in grade, width, and driving
surfaces.
The applicant agrees to this condition. Roadway plan and profile drawings will
befinalized prior to the BOCC hearing.
Posting of addresses needs to be completed in accordance with the International
Fire Code. It is unclear if the roads are proposed as County roads or as private
driveways. The District would like to be further involved with the addressing
system chosen, the specific methods of physically identifying physical locations,
and the maintenance of the roadways.
The applicant agrees to this condition.
These items being addressed in the final project will meet the District's
requirements. As additional plans of development progress, we would like them to
be forwarded to us for additional review.
The applicant agrees to this condition.
v
B,
C.
D,
E.
F.For all of the lots, vegetation should be less than six-inches tall for 15 feet around
structures. Woody vegetation should not be allowed I this zone. Additionally, there
shouldn't be any flammable material stored in this first area such as firewood.
The applicant agrees to this condition.
Beyond this zone, all grasses should be kept below a height of 6-inches out to a
1O0-foot perimeter, especially for lots 10-18 where grasses are the primary fuels.
The applicant agrees to this condition.
Lots 1 - 8 should follow the standards for keeping grasses below the 6-inch height.
The 6.302 publication Creating Wild-fire Defensible Zones we gave to you on
November 19th, 2003 which should be used as the standard for mitigation on these
and other lots. In the pinion and juniper forest below or above the structures these
lots should be thinned out to where there is a lO-foot spacing between the tree
canopies to a distance of 100 feet around any structure.
The applicant agrees to this condition.
Lot 9 was not visited on the trip, but from what I did see of the area, this lot needs
the most intensive defensible space. This is due to the approximate 25Vo slope and
being surrounded by heavier fuels. Referring again to publicatron 6.302 and its
slope correction factors zone one should be changed from 15 feet to 30 feet. Also,
in zone two, the spacing between the tree canopies should be moved from 10 to 20
feet.
The applicant agrees to this condition.
For Lots 19 - 2l , they also need to adhere to keeping the grasses below 6-inches for
100 feet around structures. If feasible on these lots, structures should have a setback
of at least 100 feet from the edge of the mesa where the shrub cover begins. If this
is not possible, any shrubs within 100 feet of any structure should be thinned into
groups. These groups should be no larger in diameter than two times their height.
Also groups should be no closer than two and one-half times their height.
The applicant agrees to this condition.
Any other treatment beyond zone 2 and into zone 3 would greatly increase the
chances of structures surviving a wild-land fire.
The applicant agrees with this condition.
The Applicant shall provide a detailed inventory and weed map of the property for
the Garfield County listed noxious weeds. Russian-olive, salt cedar, Russian
knapweed, whitetop, Canada thistle, and musk thistle are located in surrounding
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6.
7.
areas and may be on this property. Staff is particularly concerned with the
immediate management of Russian-olive and tamarisk if they are detected on the
property. Staff suggests the Applicant conduct this inventory and provide this
information prior to the Board of county Commissioners meeting on this
application.
The applicant agrees to this condition.
The Applicurr rf,*t for all the roads that
shows the location of the emergency pullouts, fire hydrants, Rural Access design
components, and proposed improvements to the secondary emergency access road
out to CR 210 so that it can handle emergency response vehicles. This design shall
be reviewed and approved by the Rifle Fire Protection District. These plans and
specifications shall be submitted prior to the hearing before the Board of County
Commissioners.
The applicant agrees to this condition. Please note thut it may take more than a
typical45 day period between the P&Z meeting and the BOCC hearing to address
the details of the road system. These details will be worked out prior to the BOCC
hearing.
The proposed improvements to all of the proposed roads as well as the central water
supply system with fire hydrants shall be constructed / installed prior to the signing
of the final exemption plat. The Applicant shall deliver construction plan sets to the
County for the roads and central water system with the final exemption plat
application for review by the County.
The purpose of this Rural l-and Development Exemption Option plat is to provide
a master plan for the propefi that ensures that the agricultural operations can
continue on the ranch and that the surrounding off site residential development
does not negatively impact the property. It is not the intent of the owners to
immediately develop this property as a residential subdivision. The applicant
requests the ability to extend the time frame for presentation of the plat to the
Commissioners to one year. Prior to submittal of the plat, security will be
provided to Gaffield County to insure that the completion of road, water,
electrical, and telephone infrastructure for the project will be completed by the
owners prior to the sale of any lot or the construction of a residence on any lot.
The Applicant shall provide a signed copy of the Contract to Provide Water Service
and Pre-Annexation Agreement to the County following the signing of the final
exemption plat so that both documents shall be recorded simultaneously in the
Office of the Clerk and Recorder.
The applicant agrees with this condition.
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9.
10. The Applicant shall provide a fully executed (signed by all parties) "Deed of
Conservation Easement" with the City of Rifle, CO as part of the final plat
submittal documents to the County.
The applicant agrees with this condition.
11.The Applicant shall include the Fugitive Dust Control Plan submitted with the
application as an element in the protective covenants to be managed and enforced
by the HOA. The Applicant shall include provisions to this effect in the covenants
to be submitted as part of the final plat submittal.
The applicant agrees with this condition.
12. Staff will require the Applicant establish a HOA to govern the ownership, use,
maintenance, and fiscal obligations as they relate to the access easements to the
property as well as the internal roads that provides access to all the lots in the
development. This information shall be submitted with the final plat documents at
final plat.
The applicant agrees with this condition.
13. The Applicant shall establish protective covenants to be administered by a
Association that specifically provide covenants that assignsHomeowners
responsibility for weed management on common areas, as well as individual lots.
The applicant agrees with this condition.
14. Prior to the hearing before the Board of County Commissioners, the Applicant shall
provide a road design for the secondary access route out of the project that has
demonstrated compliance with the following standards so that the Board could
adequately contemplate the request for a variance:
A. The applicant shall, by way of graphic illustration on a topographic map,
show the difference between a road that would comply with the grade
requirements and the proposed road with excessive grade.
B. The excessive grade is necessary to avoid the creation of a cut or the fill
slope that exceeds twelve (12) feet in height at the top of the cut or the
bottom of the hill.
C. That the excessive grade section is the minimum length and the minimum
increase in grade necessary to provide access to all lots.
D. The excessive grade has a slope with exposure to maximize solar exposure
and minimize snow/ice build up.
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SCALD 7": 600'
60' Access andUtility
Easement
Book 1489, E\zge 132
Countg Road No. 293
TYBAR ANGUS RANCH
ACCESS EASEMENT EXHIBIT
N/BAF AI{GJS RANCH
BFLE CO 81650