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HomeMy WebLinkAbout1.00 Application Part 1sfaff C.?t The Ra rds On the Colorado Zone District Amendment Apptication - pUD and Subdivision Application - Preliminary plan 104 Singte-Family Residentiat units t' October 5, 2006 Mark Bean Director of Building and Planning of Garfield County 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 RE: Application - Zone District Amendment - The Rapids on the Colorado PUD Application - Preliminary Plan - The Rapids on the Colorado PUD Dear Mr. Bean Attached is a check in the amount of S450.00 for processing the attached Apolication Zone District Amendment and a check in the amount o $675.00 for processing the attached Subdivision Aoplication - Preltmtnarv Plan. It is requested that the two applications be processed simultaneously. As you are aware, paved roads, a public water system, natural gas, telephone, electricity and fire protection are available in the existing subdivision. The'pod' cluster design, utilized in the attached applications, addresses issues the Planning Commission, Staff, review agencies and the public noted in the public hearing on August 9, 2006. ln addition, the applications comply with the provisions of the Memorandum of Undelstanding between the Town of New Castle and the applicants. The applications are also in compliance with the Comprehensive Plan 2000 provisions and map "Land Use. Districts. &udv Areas 2 & 3. Garfield Countr that designates the property as 'Sg&E[tsion- Within Two Mile Sphere of lnfluence (New Castlel". The proposed planned unit development "pod" cluster design provides l(X single' family lots with 65.60lo open spaoe. A tot lot, basketball court, sports field, fishing pond and hiking trails are incorporated into the design to encourage neighbofiood youth activities. The trails will be open for public use during daylight hours. lf you have questions regarding the applications, please contact Chris Hale at Mountain Cross Engineering for planning issues (970-945-5!44), l-ss Leavenworth for legal issues (970-9f5-2261) or Gene R. Hilton (303-79&1O40) for other matterc. Your assistance and support will be appreciated. Gene R. Hilton, Gene R. Hilton, lndividual Gene R. Hilton, President Mary J. Hilton, lndividual RPUD. I 04.B. TrEnsrnittal Lf.doc'-1- Table of Contents Section Paoe Letter of Transmittal. Table of Contents """""""""""2r Erbting Subdivision. """"""""4 Location..... """""4 Sitc Improvements........... """*7 Colorado Revised Stetutes -TnningReview Standards - SuMivision Resolutions...-........""""t Comprehensive Plan - Urban Area of Influence.....""' """":"""""""""""""'9 Proposed Land Use District$ Study Areas 2 &S,GarIield County Colorado Map"""""""""9b lMite Area Phn, Town of New castle, Garlield count5r, colorado.... .................9c Complience Comprehensive Plen Goals, Obiectives, Policies end Progrems""""""""""'-'9-13 Reasonable Relationship to Welfare of the Community""""' """'l+17 Section ll - Zone District Amendment Application Zone District Amendment Application Form......... ""'1y27 Comprehensive Plan Land Use Designation. """"""""'20 Town of Ncw Cestle Comprehensive Plrrn-..... """""""'21 Reasonable Relationship To General Welfare of the Community """" """"""21-?3 Previous Determinations of Compliance With The Comprehensive P|en....."""""-"""""""23 Complience - Section 4.fi) - Zoning Regutation """""2&50 Subdivision Aoolication Form - Preliminarv PIan ...5:2-59 Comoliance -Scction 4.U) - Subdivision Regul,rtion.. Compliancc-Town of New Castle Comprehensive Plan.."" """"""'tE Complience - Comprehensive Plan 2000 - Section m.l0' Urban Area of Influence Goals, Obiectives, Policics And Programs....."""' """"" 8&93 Planned Unit Devetopment Purpose and Design Obiectives" """'9$100 Planned Unit Development Compliance rtith Scction 4.t."""""' """""""101-102 Reasonable Relationship To General Wetfare of Community""""""" """"10$106 Planned Unit Development Compliance With Comprehensive Phn 2m0 PUD""""""""1fi7-10!) Heelth, Safety and Welfare """11X' t8 ..51 RPUD.104.C RA/..Table of Contents.doc Exhibits The Rapids on the Colorado Proposed Planned Unit Development Volume L - $!!bit [-Section IlL Comprehensive Plan 20fi) Areas 2 & 3 @-Pretiminary Plan MaP (lf X 17) Exhibit 3 -Town of New Castle Memorandum of Understanding Erhibit 4 - Rnpids on the Colorado Eristing Plat and B(rcC Resolutions 'lN'7O rmdlfil-26 Erhibit 5-Map of 'As Built'Roads and Utilities Exhibit 6 - Garlield county comprehensive Plan Map Land use Districts Exhibit 7 - Map - Current Zoning of the Propcrty E$lbit 8-Vicintty MaP Exhibit 9 - Assessor's Map & Addresses of Adiacent Owners Exhibit 10 - Legal Description of Property Volume 2 Exhibit 1l - I)eeds, Easementg Bill of salg Memorandum of understanding Erhibit 12 - Deed - Hilton Open Space Tract Exhibit 13 - Title Insurance Commitment Exhibit 14 - rilright Water Engineers - Water Supply Analysig Augmentation Plrrn, West Divide Contract, Permits, Pump Tests, State Approval of Design' Exhibit 15 - Traflic Anatysis - County Road 335 - (Mountain Cross Engineering) Exhibit 16 - Drainage Report and PIen (Mountein cross Engineering) Bilibit 17 -Soils Hazard Map, Soils Type Map and Department of Agriculture Ilcscriptions Erhibit 18 - Slope Ilezerd MaP Erhibit 19 - Geologr and Subsurface Soits (Lincoln-Devore) Exhibit 20 - Maps - Elk and Mule Deer Concentrations Erhibit 2l - Certitication for placement of Fill In Accordance With Ftoodplain Speciat Use Permit' Floodptein Special Use Permit, X'toodplain Map C-lt Erhibit 22 - Protective Covenants Exhibit 23 - Repids on the Colorado Homeownerc Association Articles of Incorporation and By-Lrws Exhibit 24 - Sen'ice Letters - Utility Companies Exhibit 25 - Meps - Roed Plen and Profiles @risting end Additional); Existing and Propmcd Utitity Line RPUD. I 04.C REV..Table of Contents.doc Volume 3 - Attachments Attachment 1. - Traflic Impact Study - The Repids on the Colorado. Amendment- Traflic Impact Study-The Rapids on the Colorado Attachment 2 -Site Location Application and Report - Addendum (lVastewater Treatment Feciti$) Attachment 3 -Site Location Application and Report (Wastewater Treatment Fecility Attachment 4-Public Watcr System - The Rapids on the Colorado RPUD.I0.I.Q REV..Tabl€ of Contents.doc 4 tw4t20,}6 The Rapids on the Colorado PUD sEcTtoN t Summalv. The attached Zone District Amendment Application requests the existing g7,26g-acre Rapids on the Colorado subdivision and an adiacent 24.219' acre tract be rezoned from A/l and A/R/RD to Ptanned Unit Development (PUD). ln addition, a Subdivision Application - Preliminary Plan is submitted requesting approval to subdivide the property into 104 single-family lots, one wastewater treatment site and 79.747 acres of open space and utilities. The proposed PUD density would be 0.856 dwelling units per acre. Existins Subdivieion. The Rapids on the Cotorado subdivision is an existing platted subdivision with paved roads, an existing water system with a 150,000-gallon storage tank, fire hydrants, underground electricity, telephone and natural gas. The existing utilities will serve approximately 92 of the proposed 104lots- Location. The property is located on C. R. 335, in unincorporated Garfield County, one mile west of Apple Tree Mobile Home Park on the south side of the Colorado River. The site adioins the Colorado River on the north and GarfeH Cleek on the east boundary. A vicinity map is shown below. RPUD. 1 04.D.Sec I Zoning.Subdivision.doc site lmprovements. The existing Rapids on the colorado subdivision has paved roads, a public water system including wells, a water treatment facility, a 150,000-gallon water storage tank, water distribution lines to each site and fire hydrants. ln addition, underground electricity, telephone and natural gas service are extended to each lot. The Moore Ditch/Pipelines parallels G.R' 335 and will be used to provide non-potable water for irrigation of lawns, open space and amenity tracts' Public Wabr Svstem The existing Rapids public water system includes two wells that produce 105 gallons per minute, a 150,000gallon water storage tank, water distribution lines, valves, pumps, controls, water treatment facility; easements for access roads, a site for the 150,000-storage tank and pipelines. Capacity of the tank is sufficient to meet maximum daily in-house and fire protection demands of the PUD' RAP'DS WELLNO.2 No. 1 Not Shown WATER SYSIEM CONIROL PANEL NON-POTABLE I RRI GAT ION PIPELINE- MOORE DITCH Fire protection is provided throughout the existing Rapids subdivlsion utilizing a 150,000-gallon water storage tank, six- inch water distribution lines and fire hydrants within 300 feet of each lot. The Fire Protection District station No. 3 is located one mile east at Apple Tree. The Buming Mountain Fire Protection District has approved the water storage require- ments, fire standpipe and hydrant spacing of the proposed 1o4- unit PUD. RFUD. 1 04.D.Sec I Zoning.Subdivision.doc 'tot5t2006 '' *v Electricitv. The Rapids subdivision is within the service area of Holy Cross Energy. Holy Cross Energy has installed underground electric conduits, lines and transformers throughout the subdivision. Additional underground electric line extensions and transformers may be required to provide service to the proposed additionat lots located along the road extensions shown on the preliminary plan map. After aPProval of the final Plat, Holy Cross Energy will design the line and transformer locations ne@ssary to deliver adequate power to and within the proposed Rapids on the Colorado Planned Unit DeveloPment. The photograph on the left shows one of twelve transformers that are instalted on the property to provide electric service to the subdivision. Telephone. The Rapids on the Colorado suMivision is provided telephone service by Qwest. Underground telephone lines and service pedestals are installed in the subdivision and provide telephone service to each lot. The proposed increase in the number of housing units on the property may require installation of an additional large cable to the PUD with sufficient pairs of lines for telephones, intemet, security and other residential uses. A large telephone cable and distribution facility is located within 400 feet of the property boundary. The photograph on the right shows one of 20 pedestals that are installed in the existing subdivision to provide telephone service to each lot. A tetter is attached from Qwest acknowledging that the property is located within their service area and that Qwest will provide service. RPUD. 1 04.D.Sec I Zoning.Subdivbion.doc 10/5r20p6 Natural Gas.. Xcel Energy provides service to the subdivision based on tariffs filed with and approved by the Colorado Public Utilities Commission. In 1997, approximately 1O,OOO feet of natural gas lines were extended from Apple Tree and along both sides of the roads within the Rapids on the Colorado subdivision. All natural gas facilities are underground. A photograph of installation is not available. Subdivision Roads The Rapids on the Colorado subdivision has three internal roads that were dedicated to public use when the Rapids on the Colorado subdivision plat was recorded. The three roads connect to C.R. 335 for access to lnterstate 70 at New Castle (Exit 105) and at Silt (Exit 97). The existing subdivision roads were constructed to Garfield County specifications and were paved with two inches of asphalt. The Rapids on the Colorado Homeowners Association maintain the internal subdivision roads. RPUD. 1 04.D.Sec I Zoning.Subdivision.doc 1015t2006 Colorado Revised Statutes - Zonins Review Standards. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land in the County. The standard used for reviewing a rezoning request that is in compliance with the Comprehensive Plan is the prooosed rezonino need onlv bear a reasonable relationshio to the oeneralwelfare of the communitv. Garfield Countv Zonino and Subdivision Reoulations. Garfteld County has adopted Zoning Regulations and Subdivision Regulations that guide subdivision and zoning actions within the County. ln addition, the Gounty has adopted a Comprehensive Plan 2000 that provides a general statement of direction for land use planning in unincorporated Garfield County. Gomprehensive Plan - Urban Area of lnfluence The Gomprehensive Plan 2000 establishes Goals, Obiectives, Policies and Programs regarding land use within three miles of municipalities. ln compliance with a Comprehensive Program 10.1, the County prepared a map Prcposed Land Use Districts. Studv Areas 2 & 3. Garfreld Countv. Colorado. (Attached as Exhibit 6). The Rapids property is classified on the Comprehensive Plan Map as SubdMsion Within TwoMite Soherc of tnfluence (Town of New Castlel. The Comprehensive Plan 2000 also incorporates several municipal maps including the " map. The "Three Mile Area Plan" specffies land uses and densities that the Town of Nal Gastle visualizes for the area. The Town of New Castle Comprehensive Plan map applies a classification of 'Cluster-Low Densitv-Reside l" to the Rapids property. The classification, in other Torn of New Casfle regulations, re@mmends a densitv of one unit per acre. RPUD.I O4.D.Soc I Zoning.Subdivision.doc t. COMPLIANGE COMPREHENSIVE PLAN 2OOO The proposed Rapids on the Colorado PUD is within three miles of the Town of New Castle and is therefore considered to be within an Urban Area of lnfluence as defined in Garfield County's Comorehensive Plan 2000. The Rapids on the Colorado Application for a Zone District Amendment and Subdivision Application, because of the location of the property within one mile of New Castle, is subject to the following Comprehensive Plan 2000 Urban Area of Influence Goals, Objectives, Policies and Programs: 1. GOAL= Prcmote development in and arcund existino communiti* Responee: The Proposed PUD is an existing subdivision, near New Castle with four houses constructed and a three-year build-out planned. lncreasing density within the existing subdivision, as requested in the Applications, is in compliance with the Comprehensive Plan Goal. GOAL: Ensure that develooment and overall land use oolicas occqninq in frte Countv that will aff*t land use of a municipalihr arc ampatible wiilt the existina zonino and fufitre land use obi*tiv* of the aooropriate municioalittr. ResDonse: Reference Response to Para. 6 below. The Town of New Casfle and the Applicants have entered into a Memorandum of Understanding ("MOU) that complies with the goal stated above. The MOU is attached as Exhibit "6". 3. OBJEGTIVE: Rebin local characbr oufsiiop. of communitv limi6. Reeponse: RPUD.I 04.D.S€c I Zoning.SuMivision.doc 913012006 The Cluster Design, used in the proposed PUD, increases open space to 65.6% of the gross area of the PUD and establishes protections that limit use of the open space. The location and design of the proiect retains the rural character of the area. O&IECTIVE: Development that reouires urban seryices will be encouraqed to locate in arcas where these services aro available. Response: The proposed PUD is an existing subdivision with paved roads, public water system, natural gas, electricity, telephone and amenities in place. Utilization of the existing infrastructure for additional density complies with the Comprehensive Plan Objective. OBJEGTIVES: Development in an Urban Aroa of lnfluence wil! have street patterns that are compatible with the affected municipalitv. Response: The Proposed PUD is an existing subdivision that has a road system constructed and in place. The road system is compatible with the adjoining C.R. 335 as to visibility and traffic volume. Street designations will be in compliance with the area streets. POLIGIES: Gomorehensive Planninq and Zonino Resolution revisions. Zone District Amendments and individual proiects within defined Urban Areas of lnf,uence. will be consistent with Iocal land use oolicies. Response: The Application Zone District Amendment and Subdivision Application Preliminary Plan, submitted for the proposed Rapids on the Colorado PUD, 4. 5. 6. RPUD.r04.D.Sec I Zonhg.Subdivision.doc 10 are subject to this Gomprehensive Plan Policy. The. Proposed Rapids on the Colorado PUD is within the Urban Area of lnfluence of the Town of New Gastle. The Garfield County Comprehensive Plan Policy essentially requires Zone District Amendments and individual proiects within Urban Areas of lnfluenoe to complv with the municioalitv's Comprehensive Plan as opposed to the County Comprehensive Plan. ln accordance with the Comprehensive Plan 2000 Policy, the Town of Nerr Gastle and the Applicants have entered into a Memorandum of Understanding (MOU) in which: { Town acknowledges that, based upon the provisions of the MOU, the PUD is in substantial compliance with the Town's Plan { Town of Neur Gastle requests that the BOGC approve the applications. The attached Memorandum of Aqreement, Exhibit "3", approved by the Toum Board of the Town of New Castle and the Appticants, specifies in great detail the requirements the proposed Planned Unlt Development must meet to be in compliance with the Town of New Gastle Gomprehensive Plan. Based upon the Memorandum of Understanding, the Town of New Castle and the Applicants have agreed to the following MOU provisions: 1 ."Subject to the provisions of the Memorandum of Agreement, the Town shall consent to and recommend to the BOCC that it recommend approval of the Site ADolication for the Facilitv." 2. "The Town agrees that many elements of the proposed PUD, including clustering, dedication of open spaoe, preseruing the hillside as open spaoe and the like although not in strict compliance with the Comprehensive Plan as to density. The Town supports the PUD because of its RPt D.lO4.D.Soc I Zonlng.Subdivbion.doc 11 substantial compliance with its Comprehensive Plan as noted above, the provision for a pubtic trailwith river access, and the provision for a wastewater treatment facility with proposed use as provided herein, provided however, that any such support is contingent upon compliance by Rapids with the provisions of this paragraph, and further, so long as the PUD proposal is consistent with the following conditions:. - - . . . .' SUilltlARY - Consistencv With Local Land Use Plans. The Town of New Casle has acknowledqed that the proposed PUD is in substantial compliance with the Town of New Castle Comorehensive Plan and supports the PUD Aoolication and Recommends the BOCC approve the Site Aoolication. PROGRAMS i h sooperafron with local municioalifres. Arc comon* hensive land use mao will define an tlrban Arca of lnfluence Jor eglch iurisdiction. The definition will be based on topootaohv. qlrcvrlh oatbm. frbnsooilation chancteristics and inoutfrcm the afiorld iurisdiction. Response: The County prepared a map that complies with the policy and it refers to the map as the Prcposed Land llse Disticts. Studv Arcas 2 & 3. Garfield @untv. Cotondo. (Attached as Exhibit 6), The map establishes a Three-Mile Area Plan around each municipality with an additionalTwo-Mile Sphere of lnfluence boundary denoted around each municipality The Rapids property is located within the two-mile sphere of influence of the Town of New Castle and is classified on this map as Subdivision Within Two Mile Soherc of lnfluene (Town of New Castlel The Applications are in compliance with the Urban Area of lnfluence Land Distric't Map, Goals, Policies, Plans and Obiec-tives. RPUD.I O4.D.S€c I Zoning.Subdivirion.doc 12 PLEASE REFERENCE RESPONSE IN PARAGRAPH 6 ABOVE. Compliance Comprehensive Plan The Application Zone District Amendment is in Compliance with the Comprehensive Plan 2000 - Garfield County, Study Areas 2 &3 as noted below. tn compliance with Comprehensive Plan Land Use Map - Subdivision -Two Mile Spherg of lnfluence. ln compliance with the Gomprehensive Plan - Town of Nevrr Castle. ln compliance with New Castle Town Plan - Memorandum of Agreement - Town of New Castle. The MOU acknowledges the PUD plan is in general compliane with the Town's Comprehensive Plan. ln comoliance with Zonino Resulations of Garfield County tn compliance with Subdivision Resulations of Garfield County. The Existino Use of Rapids Subdivision and the adjacent prooerties is Single Family Residential. The use is compatible. The Proposed Use of Rapids PUD and the adiacent orooerties is Single Family Residential. The use is compatible. Consistent with previous determinations for use as subdivision by BOCC. Comptiance with Urban Area of lnfluence Goals, Obiectives, Policies and Programs. Compliance with Other provisions of the Comprehensive Plan Bears Reasonable Relationship to GeneralWelfare of the Communitv Summaru. The Application for a Zone District Amendment is in comoliance with the Land Use District Maps and the Comprehensive Plans of Garfield Countv and the Town of New Castle. The proposed use of the property for single-family lots and open space is consistent with its present use, i,b commercial neiqhbors across the riveI, Mountrain Shadows subdivision. Aoole Tree Park and that of its neiohbors. ET o EI o o o o o o RPUD.I 04.D.S€c I Zoning.Subdivision.doc 13 General Welfare. The proposed Planned Unit Development zoning would permit lots to be clustered in the existing Rapids on the Colorado suMivision. The cluster design would result in a large amount of open spaoe and trails along the river for public use. The cluster design provides numerous benefits to the oeneral welfare of the communitv. PUD Benefits to the General Welfare of the Communitv o lncrease Open Space. The PUD design will increase the Gommon Open Space from 18olo in the existing subdivision to 65.606 in the proposed Planned Unit Development. . Public Access To Colorado River. The PUD design provides the Golorado Rivgr frontaoe. . &@s, The proposed PUD provides diverse housing types at a time when a shortaqe of housino is expec'ted in Garfield County due to an increase in energy develoPment. . udtsI-slg3!!&, Approval of the PUD application would improve water qualitv by eliminating 33 septic systems and providing central wastewater treatment in their place. o Town of New Cas0e il.O.U .Provisions of the Memorandum of Understanding with the Town of New Castle, provides the following community benefits: t Limits densitv to one single-family unit / one acre in conformance with the Town of Neur Castle Gomprehensive Plan. / Habitat Provides protedion to wildlife habitat on the open space tract located south of C.R. 335 and west of C.R. 312 (Merence Exhibit "31. r' Public Parkins and Tr:ails. Provides a parking area and aress conidors for pubtic use of trails along the colorado River. RPUD.I04.D.Soc I Zoning.Subdivbion.doc Desionated Growth Area. The proposed PUD is in compliance with the Comprehensive Plan 2000 objective to encouraqe qrowth near existino urban areas. Traffic lmpact Shrdv. Kimley-Horn and Associates, !nc. prepared a Traffic lmpact Study that considers the trips generated by the proposed Rapids projec-t and determined "The addition of Proiecttraffic to the New Castle lnterchange (lnterchange 105) of lnterctate 70 is anticipated to be less than 20o/o. Therefore a GDOT Access Permit is not anticioated to be required for this oroiect." Town of New Gasfle. The PUD conforms to the Town of New Castle's Comprehensive Plan. Existins Subdivision. The property is an existing platted single-family subdivision with most of the infrastructure in plae. Density increase would reduce development sprawl by increasing density and development near existing mnicipalities. Gluster Development The cluster development design of the proposed PUD, incorporates many of the soals and obiec'tives of the Comprehensive Plan 2000 regarding housing, transportation, recreation, open spa@, trails, agriculture, water servi@, sewer servi@, natural environment and development within the New Castle Urban Area of tnfluence. Public Welfare. Public safety, health and welfare of County residents has been addressed in the following professional studies: r' Lincoln-Devorc - Geologic, Sub-Surface Soils and Radioac'tive Analysis, / Wrioht Water Enqineerc Water Study for Support of Augmentation Plan Apptication: Rapids on the Colorado Water Supply Analysis. The study states that the existino water svstem is adequate for 2(N units. r' District Court - Water Division 5 - Approved a Decree in Case W-g262 Plan of Augmentation for up to 97OO residential unlb, RPUD.I O4.D.Ssc I Zoning.Subdivbion.doc 15 inctuding the Rapids on the Golorado property. Reference Wright Water Engineers above. Hepworttr-Pawlak - Soils and foundation report for Waste Water Treatment Facility Site Application; Performed tests to show soils and reported no groundwater (in wet year). Enartech. lnc. - Flood Plain Analysis, Site Grading Plan and Certification that Building Envelopes for specific lots located near the river are not in 100-year Flood Plain. Mountain Cross Enoineerins - Prepared Drainage Study and Drainage Design for proposed Planned Unit Development- ilountain Crose Enoineerinq - Prepared Trafftc Study of PUD and existing traffic on C.R. 335. Report indicates C.R. 335 would be at 7.1o/o erreacfu to the west of the PUD and 35o/o of capacity east of Apple Tree. tountain Cross EnEineerino - Designed additional subdivision roads and prepared road profiles for submittal with the Prcliminary Plan. Designed water lines and sanitary sewer line locations. Richard Holsan Survevino - Set Property boundary comeftr for the platted subdivision and prepared topography maps afier dirt plaement and compaction authorized by BOCC Resolution 97-26- Enartech. lnc. - Designed existing water system and supervised construction Kimlev-Horn and Associates. lnc. The Traffic lmpac't Study preparcd by Kimley-Hom recommends traffic signing and striping within the project and determines traffic impacts on area roadways. BOCC and Plannino Commission Approval. The Garfield County Board Of County Gommissioners ("BOCC) and the Garfield County Planning Commission have previously deternined that subdivision of the subiect propefi for use as single-family home sites is in compliance with the Comprehensive Plan and the proposed use is in the best interests of the health, safety, morals, RPUD.! 04.D.S€c I Zoniqg.Subdivbion.doc 10 convenience, order, prosperity and welfare of the citizens of Garfield County". Summarv Reasonable Relationship to Welfare of the Gommunitv The cluster design utilized in the Application - Zone District Amendment and Preliminary Plan Application provides numerous benefits that contribute to the generalwelfare of the communtty. The benefits of special importance, include: 1) lncreasing open spa6 in the subdivision from 18o/o to 65.70/o0/o. 2) Providing housing during a period when housing shortages exist; 3) lmproving water quality by eliminating septic systems; 4) Protecting wildlife habitat; 5) Providing public parking and acoess to 2,800 feet of Colorado River frontage; 6) Providing public aooess to trails near the river, as well as many other benefits noted above that directly benefil the public and prorride a reasonable relationship to the welfare of the communitv. Comoliance With Colorado Revised Statutes - Zonine Review Strndardsl As previously noted, the Colorado Revised Statutes (CRS) establish general standards of review for rezoning land in the County. The standard used for reviewing arcz.oningrequest that is in compliance wi& the Comprehensive Ptan is the proposed rezoning need only bear a reasonable relationship to the general welfare ofthe community. Reouest For Apnroval. The Application Zone Distict Amendment-PLJD has shown its compliance with the Comprehensive Plan 2000 - Garfield Countv. the SuMivision Regulations of Garfield Countv. the Zonine Regulations of Garfield Cormty. the Comprehensive Plan - Town of New Casfle and that the application bpars a reasonable relationship 1o the general welfare of the communitv. Consequently. it is respectfrrlly requested that the Planning Staff. the Plannine Commission and the Board of County Commissioners aDrprove the Zone District Amendment Application - PUD. RPUD.I 04.D.S6c I Zoniry.Subdivblon.doc 17 s/30/2006 The Ra ids On the Colorado Zone District Amendment Application - PUD RPUD.I(X.E.Hdr.doc - 18 - r {:l. GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970. 945. 821 2 Facsim ile: 97 0.384.347 0 www. oa rfield-cou ntv. com Zone District / Comprehensive Plan Map Amendment GENERAL INFORMATION : r" Trao F Address: 2102 West Arapahoe Drive D City: Littleton, State: Colorado Zip Code: 80120-3008 D Telephone: 303-798-1640 FAX: 303-798-1750 > Olmers of 24.219-Acre Tract & 4 Lots To Be Acquired Bv Rapids Development CorDoration o Gene R. Hilton and Marv J. Hiltono Address: 2102 West Arapahoe Driveo City: ti@t@, State: Colorado Zip Code: 80120-3008 o Telephone: 303-798-1640 FA)(:303-798-1750 ) Name of Owne/s Representative. if anv (Planner. Attorney. etc): ) Attorney: Leavenworth and Karo. PC. D Attn: Lea Leavenworth P Address: 201 14 th Street. Suite 200, E-QIArye[.2GlQ > City: Glenwood Sorinos, State: Cotorado Zip Code: 81602 F Telephone:970-945-2261 FA)C970€45-7336 E-Mail:le!@lklawfirm.com F General Location of Property: One Mile West of New Castle Town Limit on C.R. 335 D Legal Description: 121.488-Acre Parcel (Reference Exhibit "10' ). > Property's Current Zone District Designation: A/! and A/R/RD (Reference Exhibit "7" ) P Property's Current Comprehensive Plan Designation: Subdivision Within 2-Mile Sohere of lnfluence of Town of New Castle (Reference Exhibit "6"). D Prooertv's "Studv Area" Desionation: Studv Area ll - Subdivision Within 2-Mile Sohere of lnfluence ) D Doc. No.: ) Planner: STAFF USE ONLY Date Submitted: TC Date: Hearing Date: RPUD. l04.F.Zoning Form Appl.doc l9 IORD0iJ6 t.IREME As a minimum, specifically respond to allthe following items below and attach any additional information to be submitted with this application: 1. The Colorado Revised Statutes (CRS) establish general standards of review for rezoning land in the county. The standard used to review a rezonino request depends on whether the proposed rezoninq is in comoliance with the ComPrehen?ive Plan., lf ?=o. th9 a reasonable relationshio to the qeneril wj{fare of ttre communiW. lf the rezoning would be in conflict with the Gomplehensive Plan, the Appticant generalty needs to show either 1) that an eror was made in establishing the cunent zoning, or 2) that there has been a change in the conditions of the neighborhood tftat supports the requested zone change. Depending on the subiect property's Gomprehensive Plan designation as mentioned above, you will need to appropriately address one of the following standards in a narrative form being as descriptive and specific as possible: A. The orcoosd rvonino lor the subi*t orooqtu is in comoliance wlth {t9 Commullprltsive Plan. As such. the orcopspd rczoninq bgplrc a tasonable rdetiondfio to the qqqal welfarc olthe ammunitv. APPLICANT'S RESPONSE L COMPLANCE -COMPREHENSIYE PI./IN 2OM GARFIELD CO. STUDYAXE,A A The proposed rezoning of the Rapids on the Colorado zuMivision from A/I and A/R/RD to Planned Unit Development is in accordance with the Comprehensive Plan 2000, Garfield County. Comprchensive Plrn Land Use Desisnation. The Comprehensive Plan 2000 - Land Use District lvlap designates the Rapids property for use as "subdivisionVithinTwo Mile Sphere of Influence of the Townof New Castle". A segment of the Garfield County Comprehensive Plan Map "Prooosed Land Use Districts. Stu4v Areas 2 & 3. Garfield Countv. Colorado" is attached as Exhibit"C'. The proposed zoning as a Planned Unit Development containins l2l sinele-family lots is in compliance with: o The Comprehensive Plan 2000 - Land Use Disftict Map (Exhibit'C') o The Comprehensive Plan- Town ofNew Castle (Exhibit "3') o Memorandum of Understanding - Town ofNew Castle (Exhibit *3') o Existing use of the property as single-family subdivisions @xhibit "4') o Existing use of adjacent properties as single-frmily residential (Exhibits. 8-9) o Compliance withthe purpose of Section 4.02 of the ZafugRegulations o Compliance with previous determinations by the BOCC and Planning that subdivision of the property as single-farnily residential is in compliance with the Comprehensive Plan. o Compliance with Garfield County Zrtfug Regulations that would permit overall density no geaterttmn two dwellinq units per gross acre. RPUD. I g.F.Zoning Fom Appl.tloc Existins Subdivision. The Rapids on the Colorado subdivision is an existing platted subdivision with paved roads, an existing water system with a 150,000 gallon storage tank, fire hydrants, underground electricity, telephone and natural gas utilities that serve approximately 80% of the proposed lots. Zonine Resulations. The PUD Application for a Zone District Amendment for the property is in compliance with the purpose of Section 4.02 of the Zorrrig Regulations that states: "The purpose of a PUD is to permit greater design flexibility and, consequently, mone creative and imaginative design for development than generally possible under conventional zoning and suMivision regulations". The density is in compliance with section 4.07.06 of the Zoning Regulations that states "The overall residential density shall be no preater than two (.4 dwelline units per pross acre within the PUD: --" Town of New Castle - Comorehensive Plrn. The proposed Planned Unit Development is responsive to the community goals and objectives of The Town of New Casfle ('Town') as provided in the attached Memorandum of Understanding ('MOLI') between the Towq Rapids Development Corporation and The Rapids on the Colorado Homeowners Association. The Memorandum of Understanding confirms that the proposed cluster development of l2l units is in general conformance with the Comprehensive Plan of the Town ofNew Casfle. The M.O.U. specifies a density of l2l single-family units, provides for a wastewater treafinent facility on the site, provides for public access points and tails to the Colorado River, and addresses the sensitivity of the open space tract south of C.R. 335. The Memorandum of Understanding also recommends that the BOCC re*omme,nd approval of a Site Aoplication for a Waste Water Treahent Facility and, zubject to certain conditions in the MOU, "The Tonm supports the PUD based on ir zubstantiat compliance with its Comprehensive Plan......" Summarv. The Application for a Zone Distict Amendment is in compliance with the Comprehensive Plaos of Garfield Cormtv and the Town of New Castle. The proposed use of the property for single-farnily lots and open space is consistent with its present use and that of its neighbors. ll. ruEASONABLE ruEIATIONSHIP TO aENERAL VELFARE OF COMMUNITY General Welfane. The proposed Planned Unit Development zoning would peflnit lots to be clustered in the existing Rapids on the Colorado subdivision. The cluster design would result in a large amormt of open space and trails along the river for public use. The cluster design provides ntrmer)us RPUD. I 04.Fzoniq Fom Appl.doc benefits to the seneral welfare of the communitv some of which are listed below: Benelits to the General Welfare of the Communitv o The PUD design will increase the Common Open Space from 18% in the existing subdivision to 65.60/o in the proposed Planned Unit Development. o The PUD design provides the public with valuable recreational access to approximately 3.500 feet of river frontage. o The proposed PUD provides diverse housing types at a time when a shortagle of housing exists in Garfield County due to an increase in energy development. o Approval of the PUD application would improve water quality by eliminating 33 septic systems and utilizing a cenhal wastewater teatnent facility. r Provisions of the Memorandum of Understanding with the Town of New Castle, insures the following additional public benefits:{ Limits densitv to one single-famity unit / one acre in confonnance with the Town of New Castle Comprehensive Plan as opposed to two units per gnoss acre in County regulationsr' Provides protection to witdlife habitat on the open space tract located south of C.R. 335 and west of C.R. 312 (Reference Exhibit o'3"), and { Provides a parking area and access corridors for public use of trails along the Colorado River. o The proposed PUD complies with Comprehensive Plan 2000 to encouftue growth near existine urban areas. o fhre to the low traffic volune on C.R 335, traffic increases associated with the PUD would not impact the level of service (currently "B" east and *A" west) on C.R. 335. Based on 2002 Road and Bridge traffic counts, the existing naffic ptus the projected Rapids the combined traffic volume would be34.8o/oof road capacity east of Apple Tree andT.lo/o of road capacity west of the PUD. o The PUD conforms to the Town ofNew Castle's Comprehensive Plan. o The property is an existing ptatted single-fanrily suMivision with most of the infrastnrcture in place. Dersity increase would reduce development sprawl by better utilizing an existing subdivision to accommodate growttr. o The cluster development design, used in the proposed PUD, incorporates ilrany of the goals and objectives of the Comprehensive Plan 2000 regarding housing, transportation, recreation, open space, tnails, agficulture, wat€tr sernice, sewer service, natural environment and urban areas of influence. o Public safetv. health and welfare of Coun8 residents has been addressed in the following professional studies:r' Lincoln-Devore (Exhibit 19 - Geologic, Sub.surface Soils and Radio- active Analysis, Tests showed no groundwater. { Wright Water Engineers - Prepared a Water Study for Support of Augmentation Plan Application: Rapids on the Colorado Water Supply Analysis. The analysis states the existing water system is adequate for 204 units. RPUD.'I 04.F.Zoning Fom Appl.doc { District Court - Water Division V- Approved a Decree in Case W-3262 Plan of Augmentation to provide water for up to 9700 residential trnits, specifically including the Rapids on the Colorado property. { Hepworth-Pawlak - Soils and foundation report for Waste Water Treatrnent Facility Site Application; Performed tests to evaluate soils and reported no groundwater (in wet year)./ Enartech. Inc. - Flood Plain Analysis, Site Grading Plan and Certification that Building Envelopes for specific lots located near the river are nqllin 100-year Flood Plain. Mountain Cross Engineering - Designed proposed PUD. Prepared Drainage Study and Drainage Design for proposed Planned Unit Development.{ Mountain Cross Eneineering - Prepared Traffic Study of PUD and its effect on C.R. 335. Based on Road and Bridge 2002 traffic counts, the analysis indicates C.R. 335 would b atT.lyo capacity to the west of the PLJD and 34.8% of capacity east of Apple Tree.r' Mountain Cross Engineerins -Designed additional suMivision roads and prepared road profiles for submittal with the Preliminary Plan. Prepared water lines and sanitary sewer line plan./ Richard Holsan Surveyin& - Set Property boundary comers for the platted subdivision and prepared topography maps after soil placement and compaction as authoridby BOCC Resolution 97-26.r' Enartectr- tnc. - Designed existing water system and zupervised its constnrction Summanv Reasonable Rehtionshio to Welfare of the Communitv. The cluster '!od" design utilized in the Application - Tarre District Amendment and Preliminary Plan Application provides numerous benefits, as noted above, that contribute to the general welfare of the community. The benefits of special importanoe, include: l) Increasing opeNr space in the subdivision from 18% ta 65.60/o. 2) Provides housing during a period when housing shortages exist. 3) Improves water quallty by eliminating septic systems; 4) Protects wildlife habitat; 5) Provides public parking and access to 3,500 feet of Colorado River frontage; as well as rnany other benefits noted above that directly provide a reasonable relationship to the welfare of the community. lll. BOCC and Planninp Commission Aoorovals The Garfield County Board Of Cotrnty Commissioners ('BOCC') and the Garfield County Planning Commission have previously determined that subdivision of the subject property for use as single-family homesites is in compliance with the Comprehensive Plan and o'the proposed use is in the best interests of the health, safety, morals, convenience, order, prosperity and welfare ofthe citizens of Garfield County''. Pleose refer a re5joonsgs h Sectiotts I. II. III and IY.of thqe Aoolication* RPUD.10'l.FZoning Fom Appl.doc ff the rezonino would be in conflict with the Comprehensive Plan. =the .4Dplicant senerallv needs to show either 1l that an error was made in stablist i?g AE cufrent iiiiq. oiT firit there has been a chanoe in the conditions ol the neiohborhood that supoorts the reou*ted zone chanoe. APPLICANT'S RESPONSE The applicant's request to rezone the properly as a Planned Unit Development is in accordance with the Comprehensive Plans of Garfield County and the Town of New Castle for the r€asons noted above. Since the property was platted ten yearc ago, the western part of Garfield County has experienced a major economic boom due to growth of the energy industry, the drilling of natural gas wells, pipeline constnrction and support services companies and associated retail businesses.. The economic growth associated with the energy industry is a significant community change that wilt require additional housing in the area The location of the existing suMivision and infrastructure combined with the goals, objectives, policies and programs stated in the Comprehensive Plan 2000 support the rezoning of an existing subdivision to a Plaoned Unit DevelopmenL Please nefer to other nesponses in this Application and in the attached Subdivision Application - Preliminary Plan lf the prcposd zoning of the suQj*t propefi conflicts. wltt the cunent d*lgnation as ffined on frre Comprchensive Plan's Proposed Land Use Disticrs- tap, an Applicail may wlstt to anend the Comprchensive Plan &signation so that the proposed rczoning does not conf,ic,t with the Comprehensive Plan ilap. lf an Applicail requests to amqtd this lilap, hey will need to orovidrc. a thorouql, nafiatiye tmt shows how t eir oroomed Comorehensive Plan desiqnation is bef/rer suifcd than the exigino #iqnatiq,n 4va&twsina lhe ooals. obidives. wlicies. and oroorams listd for ttat &siqnation in tte Comordtqpive Plan. This itfiwmation can be obbined fiom the Building and Planning Dqarfrnent upon reques(- Resoonse: The property is identified on the Garfield County map "Proposed l,and Use Districts. Study Ar s 2 and 3. Garfield County" as "subdivision Within tlrc Two-Mile Area of Inlluerce o! Nary Costle". Based on the recognition by the Comprehensive Plan that the property is "subdivision Within tlu Two-Mile Area of In/luerce of New Castle". and that a PUD is znnng for a subdivision" the proposed Planned Unit Development zoning is in compliance with the Garfield County Comprehensive Plan. The proposed PUD is also in compliance withthe Comprehensive Plan-Town ofNew Casfle @eference Exhibit 3). RPUD. 1 O4.F.Zoning Fom Appl.thc 24 3. Submit a zoninq map showinq the current zoninq of the subiect prooertv and adiacent prooerties. Response; n nnp strowing the cunent zoning of the property and adiacent property is attached as Exhibit'7". The cunent zoning of the property is A/l and A/R/RD. 4. Submit a vicinitv mao showinq relative location of th.e ProDertv at a scale of l" = 20ql'. and extendinq at least % mile from all proDertv boundaries. Response; n tficlnlty tvtap is attached as Exhibit o8", ? second vicinity map is incorporated into the Preliminary Plan Map attached as Exhibit "2'. S. Submit a coov of the appropriate oortion of a Gafield Goq.ntv Aplegiods taD,sh=olrlnf ndwnerc adiacent to the oropertv lwhich should be delinqatedl. Response; n map prepared from the Garfietd County Assessol's Map is attached as Exhibit "9". O. Sulmit a tist of all orooertv owners and their addresses adi?cqllto o,!!ri0t=t=!t ?00 ft of m tne nsses?ois OfEge' We will dso E?ed erat font owners of the sEligqt prcoertv. ffhat inforrmation can be found in vour fftle policv under Exceptions to Title). Response; A list of the property owners within 200 feet of the property and their addresses is attached as Exhibit "9'. n lirt otthe mineral ownerc and their addresses is aftached as Exhibit "9". One-half of 10006 of the Mineral Rights of the Open Space Tract located South of C.R.335 and East of C.R.312 is leased to Bill Banett Corporation, 1099 18n Street, Suite 2300, Denver, CO 80202. 7. Submit a coov of the deed and a leoal descriotion of the ?ubiect propertv. Resoonse; fne OeeOs by which Rapids Development Corporation and Rapids on the Colorado Homeowners Association acquired orvnership of the "Rapids propertyP and associated easements, water rights, Bills of Sale, etc are attached as Exhibit "11'. A Quit Claim deed, recorded in Book 1033 at Page 319, in wtrich Gene R. Hilton and Mary J. Hitton merged title to 64.683 acres of land is attactred as Exhibit 12. Rapids Elevelopment eorporation witt acquire a parcel of the land located west of C.R. 312 and south of C.R. 335, containlng24.219 acres, at the time of Fina! Plat for dedication as open space. (Reference Exhabit "12".') RPUD.l04.F.Zoning Fom Appl.doc ?S l(m/06 9. lf vou are actinq as an agent for the proDertv owner. vou must attach an acknowledoement from the propertv owner that vou mav act in his/her behalf. Response: The President and Secretary of Rapids Development Corporation are acting for the corporation. The President of the Rapids on the Colorado Homeownerc Association is acting on behalf of the HOA. Gene R. Hilton and Mary J. Hilton have agreed to sell or exchange a 24.219-acre tract to Rapids Development Corporation at the time of Final Plat of the proposed Rapids on the Colorado Planned Unit Development. All parties signing the Application are acting on their own behalf. Submit payment of the $450.00 Base Fee: Applicant shall sion the cAsreement for Pavmenft form and provide the fee with the application. A check, number 5010, dated March 16, 2(X)6, payable to the Treasurer of Garfteld County has been delivered to the Building and Planning Department. once the aoplication has been deemed technicallv complete. Two copies of this application along with supporting Exhibits are hereby provided to the Building and Planning Department. II. PROCEDURAL REQUIREMENTS (A Zone District Map Amendment is considered a two step process because it is firct revierred by the Planning Commission which makes a re@mmendation to the Board of County Commissions. The following steps outline hour the Zone District Map Amendment application review process works in Garfield County.) 1. Submit this compteted application form (pages 14), base fee, and atl submittal requirements to the Garfield County Planning Department. lt will be received and given to a Std Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. ln addition, the letter will indicate the dates and times scfieduled for your request to be heard before the Planning Commission during a public meeting (no notice required) and the Board of County Commissioners during a public hearing (notice required). The Planning Commission will forward a re@mmendation to the Board of County Commissionerc to be considered during a properly noticed public hearing. Statr will send you the appropriate 'Pubtic Notice Form(s)' inOlcating the time ind date of your public hearing and will provide you with a Stafi Memorandum regarding your requested Zone Distict Amendment. (lf Statr determines your application to be deficient, a lefter will be sent to you indicating that additional information is needed to deem your application complete.) 3. Please note, I an application indudes a request to amend the cunent designation as defined on the Comprehensive Planrs Proposed Land Use Distrids Map, the request may be considercd at the same meeting before the Planning Commission. Hourever, the request to amend the Comprehensive Plan shall be considered prior to the request to amend the zoning 10. RR O.1O4.F.Zoning Fom Apfl.rbc 4. map. ln addition, the Applicant shall be required to provide proper notice (as described below) for the request to amend the Comprehensive Plan for the Planning Commission to hold a public hearing on the request. Further, the Planning Commission is the final decision maker on the Comprehensive Plan amendment request whereas the Planning Commission will make a recommendation on the rezoning request to the Board of County Commissioners. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the public hearing before the Planning Commission and / or the Board of County Commissioners. lf proper notice has not o@urred, the public hearino will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subiec't lot, a desoiption of the proposed amendment and nature of the hearing, and the date, time and ptace for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subiec{ property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the Gounty Assessol's ffice of lots within two hundred feet (200') of the subjed lot and to all ovners of mineral interest in the subjec{ property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified retum receipt mail, and receipts shall be presented at the headng by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible ftom a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days pior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. The Applicant is required to appear before the Planning Commission and the Board of County Commiisioners at the time and date of the public meeting / hearing at wtrich time they will consider the request. !n addition, the Applicant shall provide proof at the hearing beforc the Board of County Commissioners (and Planning Commission for an Amendment to the Comprehensive Plan) that proper notice was provided. Once the Ptanning Commission and/ or the Board of County Commissioners make a decision regarding the request(s), Staff will provide the Applicant with a signed rcsolution memorializing the action taken by either Board. Folloring the Boards' approval, this office will change the property's zoning designation on the zoning map and the Comprehensive Plan Map (if so decided) if approved. above and have attached wtrich is best gT my on the 5. theread r and Develoom oxe ) 0t Last Revised: 07 l25l2OO5 RPUD. I O4.F.Zoning Form Appl.doc Date 10, 27 1(13106 SECTION II Compliance With Section 4.00 - Zonine Resulations PLEASE REFERTO RESPONSES IN SECTION Itr ANd IV APLICATIONS tte Zo* Oistict Amendment Application requests the existing 97269-ase Rapids on the Colorado subdivision and an adjacent 24.2l9-aqe hact be rezoned from M and A/R/RD to Planned Unit Development (PUD). In addition, a Subdivision Application - Pneliminary Plan is submitted rcquesting approval to subdivide the property into 104 single-family lots, one wast€rf,ater tneam€nt site and 79.747 acres for open space and utilities. The proposed PLJD density would be one unit per acne. PREVIOUS DETERIT{INATIONS OF COMPLIANCE WTilI COMPREIMNSIVE PLAN. The Garfield County Board Of County Commissionen ('BOCC) and the Garfield County Planning Commission previously determined that subdivision of the subject property for use as single-frmily home sites is in compliance with the Comprehensive Plan and "the proposed use is in the best interests of the health, safety, morals, conveniencg order, prosperity and welfare of the citizens of Garfield Count5/." Colorado Revised Statutes - Zoninq Review Standtrds The Colorado Revised Statutes (CRS) establish general standards of review for tezoning land in dre County. The standard used for reviewing 6 p26ning request Orat is in complimce with the Comprehensive Plan is the proposed rezoning need only bear a reasonable relationship to the general welfare of the community. Garfield Countv Zonins and SuHivision Resulations Garfietd County has adopted Trln,W Regulations and Subdivision Regulations that guide suMivision and zoning actions within the County. In addition, the County has adopted a Comprehensive Plan 2000 that provides a general state,ment of direction for land use planning in unincorporated Garfield ComU- Comnrehensive Phn-Urban Area of Influence The Comprehensive Plan 2000 establishes Goals, Objectives, Policies and Pnograms regArding land use witrin three miles of municipalities. In compliance with a Compehensive Program 10.1, the Coun$ prepared a map Proposed Iand Use Disticts, Study Areas 2 & 3, Garfield County, Colorado, (Afiached as Exhibit 6). The Rapids property is classified on the Comprehensive Plan LIap as Subdivision Within Two-Mile Sphere of lnfluence CIom ofNew Castle). RPUD.104.G.Sec ll Zone Reg Conpliane.doc 1O'lrrl000 The Comprehensive Plan 2000 also incorporates several municipal maps including the "Three-Mile Area PlarU Town of New Castle, Garfield County Colorado" map. The "Three Mile Area Plan" specifies land uses and densities that the Town of New Castle visualizes for the area. The Town of New Castle Comprehensive Plan map applies a classification of "Cluster-Low Density- Residential to the Rapids property. The classification, in other Torm of New Castle regulations, rccommends a density of one unit per acre. TOWN OF NEW CASTLE SITPPORTS PI,JD APPLICATION The proposed Planned Unit Developme,nl is responsive to the community goals and objectives of The Town of New Castle ("Town") as provided in the aaached Memorotdam of Understanding (*ldOlJ") betrreen the TowU Rapids flevelopment Corporation and The Rapids on the Colorado Homeowners Association. The Memorandum of Understandine confirms that the proDosed clust€r development of l2l units is in general conformance with ttre Comorehensive Plan of the Town of New Castle. The M.O.U. specifies a density of l2l single-family units, provides for a wastewat€r trreament facillty on the site, provides for public aqcess points and trails to the Colorado River, and addresses the sensitivity ofthe open space tract south of C.R 335. The Memorandum of Understanding also recommends that the BOCC recomme,nd approval of a Site Application for a Wastewater Treafinent Facility and, subject to certain conditions in the MOU, *Ihg Torvn suotnrts the PUD based on its substantial compliance with its Comprehensive Plan....." Comnliance With Zonine Resulations Section 4.00 PIJI) 4.01 Definitions. Oefinitions of terms used in this Apptication for a Zone District Amendment ane provided in Section 4.01 ofthe Zon@Regulations of GarfieldCounty. ZONE DISTRICT AMENI'MENT The attached Zone District Amendment Application requests the existing 97.269-ase Rryidt on lhe Colorado subdivision and an adjacent 24.219-aere tract be remned from A/I and A/RIRD to Planncd Unit Development ('PUD'). Garfield County requires compliance with Section 4 - Plmned Unit Development of Garfield County Zoning Resolution, 19E4, as amended. RPUD.104.G.S€c ll Zone Reg Cornpliance.doc 29 1U4film6 The following respo6es to Section 4.00 requirements demonstrate the applicanfs compliance with the Zsnirl.g Regulations. 4.02 Purpose and Obiectives of Planned Unit Development Response ilGp-ti"-t" are requesting a Znne Distict Amendment to rezone an existing platted subdivisioU presently subdivided into thirty-ftree (33) two.acre lots, to PUD. The PLJD zoning will permit a redesigrr of the subdivision that will incorporate changes trat will provide sipificant benefits to the general welfare of the commrmitY. The cluster desrgn utilized in the Application - Zone District Amendment and Preliminary Plaut Application provides numenorls benefits that contribute to the general welfare of the commrmity. The benefits of special importance, include: l) Increasing open space in the subdivision from l8% to 65-60/o. 2) providing housing during a period when housing shortages are predicte4 3) tmproving water quality by eliminating septic systems; 4) Protecting wildlife habitat; 5) Providing public parking and access to 3500 feet of Colorado River frontage; as well as many ofter benefits noted above that directty provide a reasonable relationship to the welfare ofthe community. The flexibility of the PUD regulations allows a subdivision desrp that clusters the home sites, increases the amormt of quality open space, provides higher densities of development within identified urban areas of influence and provides a variety ofhousing typ€s. As a result, the PUD zoning project desrs and development would promote the general welfare of the community as provided below: PIJD Benefits to the General YVelfere of the Communitv r The PLJD design will increase the Common Open Space from 18% in the existing subdivision b 65.60/o in the proposed Planned Unit Development. . The PLJD desip provides the public with valuable recreational access to approximately 3,5fi) feet of river frontage. . The proposed PUD provides diverse housing tnes at a tirne whe,n a shortage of housing exists in Garfield CounU, due to an increase in enerry development. r Approval of the PLJD application would improve water quallty by eliminding 33 septic syst€,ms and utilizing a central rvast€water treafirent faciltty. . The Memorandum of Understanding with the Town of New Castle, provides the following additional public benefits: O Limits densrty to one single-family unit / one-acr€ in conformance with the Town of New Castle ComPrehensive Plan El provides protection to wildlife habitat on the op€n space tract located south of C.R 335 and west of C.R 312 @eference Exhibit o3'), and RPUD.104.G.S€c ll Zone Reg Corndiance.doc 30 t0r.g:1006 o Provides a parking area and access corridors for public use of trails along the Colorado River. r The proposed PUD complies with Comprehensive Plan 2000 "To promote development in and around existing communities". . Needed housing could be provided without affecting the level of service on a Cormty Road. Due to the low traffic volume on C.R 335, faffic increases associated with the PUD would not impact the level of service (cunently Level A west and l,evel B east of Apple Tree) on C.R 335. Based on 2002 Road and Bridge traffic counas, e existing traffic plus the projectod Rapids traffic would b 32o/o of road capacrty east of Apple Tree Community arf,7o/o of road capacity west ofthe PUD. . The PLJD is within the Two-mile sphere of influence of the Town of New Castle and generally conforms to the Town ofNew Castle's Comprehensive Plan. . The property is an existing platted single-family subdivision with most of the infrastnrcare in place. Density increase would rpduce development sp,rawl by betrer stilizing m existing subdivision to accommodate growth. r The cluster development desip used in the proposed PuD incorporates goals and objectives of the Comprehensive Plan 2000 regarding housing transportAion, recreation, open space, trails, agriculture, water service, sEwetr service, natural environment and urban areas ofinflue, rce. . Public safety, health and welfare of County residents has been addressed in the following professional studies: o Lincoln-I)evore (Exhibit 19 - Geologic, SubSurface Soils and Radio-aclive Analysis, Tests showed no groundwater. o lYriqht Water Eneineerc -Prepared Water Study for Support of Augmentation Plan Application: Prepared Rapids on the Colorado Water Supply funlysis. The analysis confirms that the existing water syst€m is adequate for 2M rmits. o District Court - Water Division 5- The Corrt approved a DecrEe in Case W-3262 Plan of Augmentation for up to 9700 residential units, including the Rapids on the Colorado prop€rty. . tr Henworth-Pawlak - Soils and foundation rcport for Waste Water Treahent Facility Site Application; Perforrred soils tests for Site Application and reported no groundwater (in wet year). o Bnartech. Inc. - Ftood Plain Analysis, Sit€ Grading Plan and Csrtificafion that Building Envelopes for specific river frontage lor in the existing suMivision are not in the 100-year Plood Plain. tr Mountain Crms Ensineerinq - Pr,epared Drainage Study and Drainage Desip for the proposed Planned Unit DevelopmenL RPUD.104.G.S€c Il Zone Reg Conpliance.doc 3l tly'lfiXlo0 Mountain Cross Ensineerins - Prepared Traffic Study of PUD and existing traffic on C.R 335. Report indicates C.R. 335 would be atT.lyo capaclty to the west of the PUD and 34.8yoof capacity east of Apple Tree. Mountain Cross Ensineerins -Desiped additional subdivision roads and prepared road profiles for submittal with the Preliminary Plan. Prepared water lines and sanitary sewer line plan. Richard Holsan Sunevinq - Set Property boundary oonrcn for the platte<t subdivision and prepared maps after dirt placement and compaction anthorized by BOCC Resolution 97-26. tr Enartech. Inc. - Designed existing water system and superrrised constnrction o Boatd of Countv Gommissioner Garfield County. The Board has previously acknourledged that the subdivision of the property br use as single-f-amily residential sites is in general conformance with the recommendations set brth in the Comprehensive Plan br the unincorporabd area of Garfield County (Exhibit 4 - Resolution 96-70 and subsequent resolutions.). Stmmtru. 'PUD Has Reasonable Relationshio to Welfare of the Communitv'. The cluster desigg utilized in the Application - Zone District Amendment and SuMivision Application - Preliminary Plan, provides numerous benefits that contribute to the ge,neral welfare ofthe cornmrmity. Some important benefits noted above are: l) Increases open space in the suMivision from l*/o to 65.6yo. 2) Provides housing during a period when housing shortages exist. 3) lmproves water quality by eliminating 33 septic systems; 4) Protects wildlife habitat by adding an open space buffer; 5) Provides public parking and access to 3,500 feet of Colorado River frontage; 6) Provides public ascess to trails near the river, and other benefits that directly establish a reasonable relaionship to the welfrre ofthe community. 4.04 Scooe Aoolications for Planned Unit Develooment 2oninq mav be made br anv zonino distict. Raoonse The property requested to be zoned Planned Unit Development is locar€d within the Agriculhral / Industrial and Agricultural / Residential / Rural Density (A/R/RD) zoning districts. /T.04 CONSISTENCY WTH THE TASTER OR COTPREHEITISIVE PI.AN Rqoonse RPUD.iO4.G.S€c ll Zone Reg Cornpliance.doc t2 101412006 Consistencv lYith the Comorehensive Plan The Zone District A.;ffi r"qu"rt"d to be approved to permit the applicants to utilize the flexibility of the planned Unit Development C'PUD-) desrgn process to cluster develop an existing single-family subdivision and increase the amount of quality open space from l87o in the existing subdivision to 65.6% in the proposed PUD. trn accordance with a goal of the Comprehensive Plan" the PUD would provide growth within the New Castle Two-Mile Sphere of Influence. The property is classified on the Comprehensive Plan map entitled ProDosed Land tlse Districts' studv Are6 2 & 3' Gotield cout'tv' co' as "-Mg SuMivision Wiftin Two-Mile Sphq€ of Influenc€ of Torm of New Castle.D The Town of New Castle,s Comprehensive Plan spocifies the property should be used for sinsle-frmily cluster at a d€nsity ofone unit per acre. The Garfield Counry Comprehensive Plan 2000 Policy l0.l provides "Compreheraive Planning od Znning R*olutiotts raisions, Tnne District Amendnents, and individual proiects within Urban Areas of Irdluencq will be consbtent with local municipal land use policies'" poliry l0.l essentially defers county regfrlations to the municipal regrrlations wtren a property is lttithin an Urban Area of Influence. Accordingly, the applicants have entered into a Memorandum of Agreement with the Town of New Castle @xhibit *3') to meet fris requirement of the Comprehensive Plan 2000. The Torm of New Castle has recommended the Rapids on the Colorado Pt D be approved because the plan generally conforms to the Town of New Castle Comprehensive Plan's land use and development densities. Ihe Garfield County Comprehensive Plan Goal for areas within an Urtran Areas of Influence is to: *Ensure that development and overall land use policies occuning in &e CourtY that will affect a The applicants have demonstrated that the application for aZnne District Amendment is consistent with 6e Garfield County Comprehensive Plan- 2000 - Snrdy Area 2 In Sections I, IL III and IV of the pplications. The Application for a 7-one District Amendment - Planned Unit Development containing 104 single- frmily lob is consistent with the following: mrmicinaliw." RPUD.1O4.G.S€c ll Zone Reg Gonpliance.doc 3:l r0rar:t006 The Comprehensive Plan 2000 - Land Use District Map (Exhibit "6") The Comprehensive Plan - Town of New Castle @xhibit *3") Memorandum of Understanding- Town of New Castle (Exhibit "3") Existing use of the property as single-family subdivisions (Exhibit'4") Existing use of adjacent properties as single-ftmily sites @xhibit 8 & 9) Compliance with the purpose of Section 4.02 of the bnhgRegulations Compliance with previous determinations by the BOCC and Planning that subdivision of the property as single-family ruidential is in compliance with the Comprehensive Plan. Compliance with Garfield County PLJD Zoning Regulations p€nnit overall d€nsity no gr€at€r than two dwelling rmits per gross acre as compared to the one resid€'ntial uit per acre requested in the Zone District Amendment Application. RELATIONSIIIP TO ZOIIING ATID SUBDTVISIOI{ The Rapids on the Colorado zubdivision is an existing platted single-family residential suMivision with paved roads, an existing water syste, with a 150,000 gallon storage tanlq fire hydrants, udergrormd electicity, telephone ani natural gas utilities that serve approximately 8(P/o of the proposed lots. The proposed PUD would continue to utilize the infrastructure and would continue to be single-family detached units. Zonins Resulations. The Application for a Zane Distict Amendment - Pt D for the property is in compliance with the purpose of Section 4.02 of the 7lllrfig Regulafions that states: *The purpose of a PUD is to permit greater designflaibilily and, consequentty, more creative and imaginative daiSrrfo, darclopment than generally possible wrder corwentional zoning and subdivision regalatiotr{- The density is in compliance with section 4.07.M of the Tnnmg Regrrlations ftat sAtes "The wetall residential density shall be no greder than two (2) dwelling units per gross acre within the PUD; -" 4.05 RELATIONSHIP TO ZONING AND SUBDMSION The applicant is not requesting any significa6 modifications to the rcquine,me,nts contained within the conventional subdivision regulations for infrastnrcture or dimensional standards 4.06 INTERNAL COTPATIBILITY OF PLANNED UilIT DEI'ELOPUENTS Desrgr objectives were establistred for the proposed PLrD to insure the goals of the Garficld CounU comprehensive plan were addressed in detail and that the uniqueness and environmental qualities of fre property were protected. Sensitivity to intemal compatibility of the design and to the goals of the Comprehensive Plan 2000 on issues of, housing hansportation, rrcreation and open space, agriculhrre, water and sewer serYices, I a ! r I I I RPUD.iO4.G.S€c ll Zom Reg Complianoe.doc l0r'frir006 natural environment and influence of urban areas helped define decisions that resulted in the desigrr of the proposed planned unit development. Specific considerations were: Internal Desien Elements and Compatibilitv 1xedggiglofttleproposed Rapids on the Colorado PUD considered elements related to the adjoining environmental feahres, its neighbors and to the internal desip features of the subdivision. The Rapids on the Colorado infrastructure, including roads and utilities, is essentially constructed and in place. The design, therefore, concentrated on enhancing open space utilization for trails and as habitat for open space adjoining the Colorado River and riparian areas. Special attention was given to the technical operating considerations of the infrastructre and to the interaction of the suMivision with its neighbors. Open space buffers were desiped to provide a separation with neighbon. Wat€r rcclamation facilities are located over two times the distance from existing and proposed residences as required by WQCD policies. Open Soace Increase [ory Phn have been reduced in size from a minimum of two-acres in fre existing 33-lott plat to an average of 12,000 square feet average for single-family lots in the cluster desip. The reduction in lot size increases the "open space" available for public use. The Preliminary Plan desip provides a variety ofhome sites . @!_b-$lqpg. Running lanes on C.R 335 were constucted for school buses and other vehicles as a requirement of approval of the existing 33-lot suMivision. The require,ment insured that school buses could safely load and unload shrdents within the zuMivision and then safely reenter traffic on C.R 335. The school bus'!ull-outs' are provided in central locations within the subdivision. All lots are located within rcasonable walking distance of potential school bus stops, as recommended in the Comprehensive Plan. . lfiFYear Ftood Plain. The planning and desip criteria for the Preliminary Plan required that all building envelopes and frcilities be outside the l0Gyear flood plain. The flood plain data used for desiping the PLJD is based upon Flood Plain Map C-lt pnepared for Grfield and Mesa Counties. The Preliminary Plan desip incorporates topographic surv€,ys of the poperty made after the Cormty aoproved the Floodplain Soecial Use Permit and fill material was moved from the higher portions of the prooerty and placed onto,the river frontage lots. After material was used to fill areas within the flood plain, a Profcsional Engineer, lic€nsed in &e State of Colorado, provided an as.built certification that the elevation of specific building envelopes were above the l0Gyear floodplain. The property was then resurveyed and topographical maps ofthe property were updated to reflect tte changes RPUD.1O4.G.Sec II Zone Reg Ccnfliance.doc 35 to4r:2008 Road Imorovements. Roads within the PUD are desiped and will be constmcted to standards shown on the Preliminary Plan and in the Road Plan and Profiles attached as Exttibit '25". Public Water Svstem Extensions (CO 012366E). Extensions of the existing public water syst€m are to be desiped by an engineer licensed in the State of Colorado; and constructed and operated according to Stat€ standards. Housinq. The'HOUSING GOALS', specified in the Comprehensive Plan of 2fiD -Garfield County, were considered in depth in the planning and desip of &e proposed PLJD. Pnotcct Bis Game Habitst The suMivision adjoins lands considered to be winrcr range for big game. The dry steep hillside areas sou0r of C.R 335 have jrmiper and sage on the hillside and Ganrbel oalq Utah serviceberry, elm, cottonwoo4 rabbitbrush and other planS suiable for b,rowse gowing in the drainages. The PIJD desip will not disturb vegetation on &e hillside. Protect Riparian llabitat Areas along the Colorado River and Garfield Creek are habitat for beaver, ducls, geese and other small wildlife. The PLJD desrp and proposed covenants will protect these areas by removing the riparian land ownership of twentv individual river frontage lots and protect the frontage as oommon op€n space. The open space will be dedicaf€d to fte Homeowners Association with the requirement that invasive plant species, such as Tamarac, must be controlled" A trail system is proposed to parallel the riparian open space areas along Garfield Creek and the Colorado River but will be set back away from the banks so the impact on the riparian habitat and wildlife will be minimized. Protect Netural Vesetation. The desigr of the PUD leaves the natural vegetation along the steep hillside and in the riparian areas along Garfield Creek and the Colorado River undistubed. Provisions in the Protective Cove,nants will require that the Homeoumers Association must control invasive plant species and noxious weeds. In additiorn, the Homeowners Association may reduce the risk of wildfire by removing dead tnees and other fuel from the riparian areas. Minimize Imoact on Agriculture. *Comply with the goal of the Comprehensive Plan *to ensure that existing agricultural uses ame not adversely impacted by development-*. Development should be sensitive to and respect adjacent agricultural uses through poper buffering. The desip ofthe PUD provides an open space buffer along the 520-foot boundary RPUD.1O4.G.Sec !l Zone Reg Compliance.doc 36 l0rar2m6 of the PllD and the adjoining AIR/RD Brannon subdivision exemption parcel (Reference Preliminary Plan Map -Exhibit 2). The PUD and the adjacent property are also separdt€d by - Garfield Creek, a geologic barrier. Minimize Imoact On Two Adiacent Pronerties. The suMivision design provides large open space buffers adjacent to two adjoining subdivision exernption properties. (JACE, LI,C '2.81 acres and Collins - 2.66 acres). . Imorove Visual Imoact fin the Colorado River Corridor). The desip is sensitive to visual impacts along fte Colorado River corridor. By using a cluster desip opcn spaoe has be€Nr increased to 65.60/o ofthe gross area and all home sites have been reduced in size and located firther from the river. Slopes and ridges are dedicated to the Homeowners Association and will notbe developed- Maintain Irrieation The Moore Ditch will continue to be utilized for irrigation. The Preliminary Plan desip corsiders and provides for continued inigation of amenity and op€n space areas that have been historically inigated with water from the Moore Ditch. Water infiltration from inigation would continue to be available to protectwells in the rea Maintain the Ssme Number of Access Points to County Road 335. The Preliminary Plan desrp retained Paddlewheel kne and Whit€ Wat€r [,ane as the primary aoserls points to the subdivision. The historic aocesri road (to Lot l) on the west end ofthe property is also lctained for limited access to the Open Space tract and the proposed water rcclamation site. I)evelooment Pattern. The proposed development respects the existing development pafiem in the area and provides adequate separation by establishing large open spaoe tracts. . 14g11!ZS, Provide a variety of lot sizes to maximize the availability of home sites for a wider variety of income levels. The desip of the Rapids on the Colorado PLJD has modmized open space wiein the suMivision, clustered home sites along existing noads, provided an open space tract south of the suMivision, provided a wastewater treatuent facility tocated over twice the distance from odsting and proposed residences as required by State policy, incorporates a trail syst€m with river frontage access that compliments adjacent home sites, provides a non-potable water system for inigation and augmentdion frcilities including the Rapids Pond" RPUD.104.G.Sec ll Zone Reg Complianoe-doc 3l l0r/fr2000 4.07 STA}IDARDSAIYDREOT]IREMENTS 4.07.01 The Countv Commissioners mav anorove a orooosed PIJD rezonins uDon a lindinq that it will imolement the purnroses of this section and will mect the standards and reouirements set forth in this section. Rqoonse it," ."ti* applicatioq including Preliminary Plan desigr, water rights strdies, geo-technical shrdies, flood plain study, wastewater tre66nent study, surveys, mappin& tafEc studieq well permits, West Divide water contract, drainage plaq Soils Conservation Service rePoft, as-built utilities informatiotl water quality reports, water augmentation decree, deeds, title commiErcnt, exhibits and supplemental exhibits, dermonstrate compliance with all applicable standards, goals, policies and objectives of the Grfield County ZonngResolution of l9E4 as amende{ the Garfield Cormty SuMivision Regulations' 1978 as amended and the Comprehensive Plan - 2000 - Garfield County, Colorado. 4.07.02 The number of off-strect oarkins soaces for etch PIJL shall not be l:Gs:s than the ffi in other zone districts. except that the Countv ComEls,sioners mav number of off-street snaces in consideration of the followine factors: 1. Estimated numfur of carc wtned by wupants of dwellings in tle PUD; 2. Pa*ing needs of nut4welling usr,s; 3. Varying time pedods of use whenever joint u* of mmmwt padcing ateas is gqposed. Response frE-conerants will require that all parking associated with all single-family dwelling units bG contained within individual lots. Parking for two cars will be a minimum requirement for each resi&ntial lot. The water reclamation site witl require periodic inspections and maintenance but will not be staffed on a full time basis and will require one driveway for access at the frcility. Sirte€n (16) parking spaces. will be provided at the west end of the 'tiver traif' for use by residents and the public. No other uses are proposed which would require additional parking considerations. 4.07.03 The PIJD shall meet the followine site nlan criterie unlcss the eoplicent can demonstrrte not eoolicable or that a orecticet solution has bcen otherwise achieved: Resoonse fre Oesign of the project is based upon maintaining a rural efieciwithin the suMMsion, minimizino the imoact uoon adioinino orooerties to the maximum extent possible. The proleci plovides 65.6% of oloes area of the PUD as ooen soace with ooen soace / oark areas adiacent to almost all adioinino oroDertv orvnefis. Ooen soaoe arcas also oroteci wildlife and maintain visual onidors akcng the Colorado River Valley. RPUD.104.G.SoC !l Zone Reg Conpliance.doc 10r4fi1000 Land uses on oarcels adiacent to the orooosed PUD include commercial businesses north of the Colorado River, a single.family exemption trac{ on the east end of the PUD, a single'family exemption traci on the west end of the PUD. South of C.R.335, the 34-acre open spaoe tract adioins public open space and private lands used for agricultural purposes. The pUD is designed with large open space buffers between the proposed "Cluster Singl+Family Residential Districf and the adioining subdivision exemption parcels' ' The proposed 'cluster single-family residential" PUD is consistent with its present use and the adiaoent single,family residential use of adiacent property ownera. Rqponse ffiffig residential street system was designed for the safety of the rsidents. The internal road syst€m is looped- Proposed internal streets were redesigned based on Staff and Planning Commission comments to provide internal clusters or pods by utilizing short culde-sac streets. The development concept €,noourages 'block neighborhoods' and discourages traffic through the neighborhood- The internal road network will be owned and maintained by the Homeorme/s Association Emergency aocess will be allowed over all internal roads. The PLJD will have curb, grrtcr and sidewalks along the intemal streets. Open space trails will be gfaveled. Trails next to the river will not be improved or excavated- The Preliminary Ptan desip complies with the requirements of this section. (31 The pUD shalt D|lovide lErldno atBas adeouab ln te]ms of loca6on. anta. citculation. tafett. conwnience. sepaation and scrceninq. Resoonse A=ffi of two (2) off-stneet parking spaces is provided for each residential unit The water reclamation site will require periodic inspections and maintenance but will not be statred on a full time basis. Pa*ing will be allowed at the ftcility. Open Space parking (sixteen spaces) will be provided on the west end of the property for use by residents and the public. No other us€s are proposed n'hich would require additional parking considerations. Resoonse The pUD provides 65.6% ooen soace with trails, a park, tot lot, basketball court, fishing aooess and an fnlring pond, alt of wtrich are planned for use by varyng age groups. RPUD.104.G.S€c !l Zone Reg Cornpliance.doc 39 lO.frm06 Provisions in the Protective Covenants will restrict activities in the riparian areas but not limit activrty totally. Fishing access is perrritted during dayliglt hours. Control of invasive plant and animal species and removal of fuel for fue control purposes are considered necessary for safety and protection of the public. Trails are located outside of the riparian areas to reduce impact on small wildlife species. The Homeowner Association shall control use of the open space and associated parking including the right to lock the parking lot and trails at sundown. The open space tract located south of c.R 335 will be maintained ali an open space bufrer to agricultural and open space lands as provided in the Memorandum of Understanding with the Town of New Casfle (Exhibit "3'). Resoonse lIp--niA"a in the SuMivision Regulations and the Comprehensive Plan 2(XX), the proposed Rapids on tre Colorado PUD provides for single-family residential detached housing on varying size lots. In addition, the desip ofthe single-family units will include a variation of sizes and price ranges. Provisions for open space are noted in prior and subsequent sections sf this Zone District Amendment Application and Subdivision Application - Preliminary Plan. Gl The PUD shall orcvide adeouate orivacv betrneen dwellino unlta. Resoonse ffi n"* been designed so that adequate privacy is provided between single-family home sites. Trails are located to provide reasonable separation from rear lot lines or residences. Resoonse The olat shall contain a Plat Note that will re$ire sidewalks in front of all lots at the time of certificate of occupancy. Sidewalks in front of open sBace tracts fronting on Rapids View lane, Paddlewheel I:ne and Whitewater [,ane will bc included within the Subdivision Improvements AgreemenL The *River Trail" has five access points to the residential streets and sidewalks and will be constnrcted approximately as shown on Exhibit (2) map. A trail around the Rapids Pond will dso b€ constnrcted. Both trails will be approximately five feet wide and surfaced with five inches of graveUmaterial. One of the access points provided to the River Trail is near a parking lot that will contain sixteeir parking spaces for use by the public or residents of the subdivision. Provisions for closing the trail and the pa*ing lot at sundoum by the Homeowners Association will be made in order to reduce noise and protect the rpsidents evening houn. RPUD.104.G.Soc ll Zona Reg Compliance.doc l0r'112006 The ,'River Trail" open space tract that fronts on the Colorado River is to be used for fishing access, bicycling and hiking. The river frontage will be retained in its natural state. No commercial activities, including rafting are to be conducted by the residents or the public on the open space tracts at any time Response rt]ffif-o*i"g water and wastewater systems are included within the Utility District for the proposed Rapids on the Colorado PUD. Weter Svstem - Potable The proposed PLJD is served by an existing public water system. (Reference Exhibit l4)- The Rapids on the Colorado water system derives its supply from two on-site wells drilled into the alluvium of the Colorado River in locations shown on the PUD ll6liminary Plan map. The water system is oumed by the HOA. The HOA will be responsible for fre operation and maintenance of the system and the sefting of fees for water use. The HOA will be responsible for conEacting with a state licensed operation for operation and maintenance of the system and the setting of fees for water use. Water Svstem - Non-Potable rrr=ffi water for eactr Iot and open space tracil shall be fiom a non-potable pressurized water system utilizing high priority water from the Moore Ditch and Rapids Pond. The distribution system shall be placed within utility easements, in the open spaoe arGas and in roads. pumps and controls to pressurize the water will also be located within the utility dght-of-vuay or in the open space tracts. The system will be wyned by the HOA. The HOA will be responsible for he operation and maintenance of the system. Wasteweter Treetment Facilitv (TYIYTF) A wastewater reament@teo on the west end of the proposed PLJD. The site location is shorm on the attached Preliminary Plan mao (Exhibit 21. The Rapids Development Corporation will consfiuct the facility and collection lines and will charge Ap fees and monttly service charges. After recovery of tte costs of constnrction and operation' Rapids flevelopment Corporation will transfer the title and operation to the Homeowners Association and the Homeowners Association will accept the transfer. The HOA will bG responsible for the operation and maintenance ofthe system and the setting of fees for water use.. RPUD.10,[.G.S€c ll Zone Reg Cornpliance.doc 11 lu1i20im A Utility Zone Distric! to include the WWTF and the Water System, is provided in the PUD regulations. Igl Arv dasturbance of slopes in exc6s of 40 percent shall be the minamum necessaw 6 and qeo-technical olan submitted with the PUD aoolication. ResoonseTfffiian does not contemplate any disturbance of slopes in excess of 40%' Resoonseiiiffiilunity Facitities" to be provided within the subdivlsion include a baeketball couG tot !ot, sports fietd, trails, sidewalks in fnont of open space tracts, additonal toadt, spinHer ayrbm and lawn for the Rapids Pond open spaoe tract, potable water system, non'potable wabr sysbm and the WWTF site and system. The improvemenb will be plovided by Raplds Development Corporaton and transftrred to fite Rapids on ttre Colorado Homeownep Associaflon atthe fme of thelr completion, subiectto other p\conditione in this application' The HOA agpes to accept tiUe to the additional open space and utility trects, eroe9t the WWTF tract at the ffme the PUD plat is ftled. Afur Rapids Drevelopment Corporation is rcimburaed for 'rts construction and operating expenses, the Rapids on the Colorado Homeowners Associaton shall accept tde b and shall operate and malntain the water syebm and the waste wabr coltecfron and tneatnent 9y8bm, eetablish a fee strtrchrrc to cover elpenses, rcceiw payment for fees and pay operatonal expens6. The Homeowners Association furtreragrce3 to acceptOde, operafional rceponclbllity and tiability for the lraibr and sgilBr systems fronr Rapi& Ilevelopment Corpor:a6on- Repie Dmlopment Corpo:ation agloes to transfertide to the eysbma to the Homeowners Associaton by Oult Claim Deed and Bitl of Sale. 4.07.04 taximum Heioht of Buildinq Resoonse ilffi-mu-m Xeight of Buildings: Thirty-two (32) Feet rL07 05 taximum LotAreas and tinimum Setback Reetrlctions Resoonse Fffiift-Freffminary Ptan map Lot setbacks are2Sfeet on cerbin lots and 50 fuet on certain lots as spec*6ed on the Prcliminary Plan Map and to be specified on the Fana! Plat. 4.07.06 Resadentia! Densitv. The Garfield Countv Ptannod Unlt Reoulauons Drovld6 that: RPUD.i04.G.S€c ll Zone Reg Cornpliance.doc 12 lU'U:1006 The overall residentiat densitv shall be no qrcater than two (2) dwellino units per oross acre within the PUD: orovided. however. that the Countv Commissioners mav allotil an increase to a maximum of fifteen (15) dwellino units oer qroas acre in ar€as wherG oublic water and sewer svstems. owned and operated bv a municipal qovemment or soecial district arc readilv available and the orior zonino classification allowed reeidential densities orcater than two (21 dwellinq units per orcss acrc.........." Response The density within the proposed PUD is less than one unit per acre. Public water and a wastewater treatment svstem will be construc'ted bv Rapids Develooment Corporation and eventuallv ooerated bv the Homeowners Association as oreviouslv noted. Denstty calculations are as follows: Gross Acres: Number of Dwelling Units Proposed: Dwelling Units / Acres Density Acres / Dwelling Units Density 121.488 104 0.866 -1i108 The proposed clusteled densities arc averaged and fansfened within the PUD as prwided in the rcgulations and are justified by appropriate design features that actrieve high standards of design and livability. 4.07.07 PUD Acrcaoe tinimum Resoonse The Rapids on the Colorado PUD is comprised of 121.488 acres. 4.07.08 Gonsistencv wlth the Comolehensive Plan Resoonse The applicant has demonstrated ompliane with the Comprehensive Plan in Sections M. Please onsider information provided in Sections l, ll and ll. Of the Application 6r Zone District Amendment and Subdivision Application - Preliminary Plan. {.07.09 Ooen Soace Reouirement Resoonse The projed provides 79.747 acres of open spae that will be improved with Uails and recreational iacilities fur the residents. The number of acres that qualifies to be counted as open space is 81.258 acres. "Quallfred' Ooern Soace Rquircrnqrt 1.O7.(N Tdal Arca trn PUD 25Yo ot any PUD shall be devoted to Open Space Umitation of Use and Tvoe of Ooen Soace Garfield Co. ACTUAL Reouirement PUD DeshnAcras Acres lizl-ffi_ _il322_ 121-4fi zgJtz. RPUD.104.G.S€c ll Zone Reg Comdiance.doc flyar:1000 Limitation for Commercial (Fee for Use) Water - 4OYo ollhe2So/o Limitation for Average Slope Over 25% Slope - 4Oo/o ol lhe 25o/o Balance - Other Open Space Categories Listed Above Total Open Space Requirement al 25Yo 4.07.10 Fractional OrYneshio - 12.149 12.149 6.074 fr2IU_ 0.000 0.mo 79.747 29142 Resoonse ThJapplicant is not proposing to market any fractional ovnership within the PUD. 4.07.13 Thie gBcton aooliee to all Planned Unit DEvelooment Aoolicatiorrs. wttlch lnclude r€sidlential development in Garfteld CountY ComDl€hemive Ptan StUdy Afea l. Resoonse: The tuoqsed PUD is in StuSlttMiL @ SECTION 4.08 PUD PROCESSING 4.08.01 Amendment to Comprehenslve Plan Resoonse ft1g appmnts are not proposing amendments to the Garfield Coufi Comprehensive Plan - 2fiD Study Ar?a2. l. Garfield County Compn;hensive Plan Section 10.0 Urban Area of Influence Section l0.l PROGRAMS: "In coopuation with local manicipalities, the comprehensive latd use map will define an Urban Area of Influence for each jurisdiction The deJinition will be based on topograplry, growth patter4 transportation characteristics and input from the afeAed jwisdiction" Response: The County prepared a map that complies with the policy and it refers to the map as the Proposed Lad uie Disfficts' study Areas 2 & 3' Garfield cou't$'' colorado' (Afiached as Exhibit 6), The map establishes a Three-Mile Area Plan around each municipality wih an additional Twoilite Sphqe of tnfluencedelineated around each municipality. The Rapids property is located within the fr,rlo Uile Sonere of tnnue of the Tom of Neur Castle and is classified on this map as SuMivision Within TwvMile Sohere of lnfluene (Tutn of New Castlel The Comprehensive Plan 2000 also incorpomtes several municipal maps including the"Thrc*Mile Area Ptan. Town of New Casile. Garfteld @untv @ol,eldd map. The RPUD.104.G.S€c l! Zone Reg Cornplisnce.doc lOr'U:m0O 'Three Mile Area Plan" specifies land uses and densities that the Town of New Castle visualizes for the area. The Town of New Castle Comprehensive Plan map applies a classification of "Cluster-Low Densitv-Residetntial" to the Rapids property. The classification, in other Town of New Castle regulations, recommends a densi$ of one unit per acre- The density of the proposed PUD is less than one unit per acre. The density is equal b the one unit oer acre visualized in the Neur Castle Comprehensive Plan br Subdivision Within Two Mile Sphere of lnfluence Torn of Nal Castle The PIJD will not rcquire a Chanqe to the Comprchensive Plan- Please Reference Resoonse In Paraeraoh 6 in Section I.\ Resoonse ftre appi:cants are submitting a Subdivision Aoolication - Preliminarv Plan simultaneously wi$t the Aoolication Zone Distdct Amendment - PUD and request the applications be proessed simultaneously. t1.08.03 PUD Tvpe of Uses fhe aoolicqtion ehall show s'herc wittrin the PUD each tvpe of use shall be located. Resoonse The Preliminary Plan Map, attacfred as Bfiibit 13, shors where each type of use wtthin the PUD will be bcated and indicates the total acreage devoted to each use. 4.08.M PUD Prooosed Uses Resoonse Uses allored within the PUD are as follors: Usee Bv Rioht Single-family drrellings and customary accessory uses induding home occupations, fen@s, hedges, gardens, ualls and similar landscape features; driveways, siderualks, patio, inigation system; landscaping, utilityand drainage easements along al! lot lines. Conditonal Use: Day nursery for no more than four cfrildren, group home for not more than four eHerly rcsidents over sixty-five years of age. tlnimum LotArca: RPUD.1O4.G.S€G ll Zone Reg Cornpliance.doc 7,5fi) sq.fi. lO'U:1006 Maximum Lot Coverage:(Building Only) tinimum Lot Line Setback FRONT - From Front Lot Line (ln Feet) REAR - From Rear Lot Line (ln Feet) SIDE - From Side Lot Line (ln Feet) taximum HeiqhtFeetl: 50% LOTS r.33 LOTS 34A3 ANp 84{6 LOTS 87-10450 25 t0 t0 55 32 t2 Addifional Reouirements: All uses shall be subfect to the provisions Under Sectlon 5 (Supplementary Regulations) of the Garfleld County Zoning Regulations, ag amended. Usee Bt Rioht Open space, urater impoundment, parts and associated rccreational f-acilities; playgound equipment; basketball oourt sports field; benches: lawns. landscaping; agriodtural crops, home garden plots: naturat vegetation and wildlife; roads and fails; lnigation system induding sprinklers, valves, pipelines, controls, measuring devices, vacuum breakers, poiler and all sprinkler system components as requircd from time to time; fences; diversion facililies from the Colorado River and Garfield Creek; easements for underground utilities, underground pipelines, non-potable water system and water augmentation system pipelines, manholes. valves, ontrols, dMders, pumps, measuring devices, existing Public Service (Xcel) ard Holy Cross transmission lines;; unrecorded access roads as they exist at the time of plat .Moore Ditch and pipetine; Hudson€ullivan Ditch and Pipeline; underground utitities (including telephone, gas, water, non-potable vvater, cable, electricity, scni,er lines, and manholes); utility access roads; drainage ditches, pipelines, c{lverts, drain boxes and culverts/bridges; equipment storage for equipment used to maintain the PUD open spa@, trails, roads, and utilities; electrical inigation ditch generation equipment and controls and uses reserved by prior o\ryners. Conditional Use: Use of Open Space tmcb for additional purposes not provided in "Uses By Righf, shall be approved by 51oh of owners of lots wihin the Planned Unit DevelopmenL The Conditional Use shall be in accordance with GarfieH County regulations, as they may exist at the time the Conditional Use is requested. Soecial Uee: lrlone ilinimum Lot Arca: 257o of anv PUD shall be devoted to Ooen Soace - 30.372 Ases. ilinimum Setback Zero (0) taximum Heioht:25 Feet Additional Reouiroments: All uses shall be subiect to the provisions under Sedion (Supplementary Regulations) of the Garfield Gounty Zoning Regulations, as amerded. RPUD.104.G.Soc ll Zone Reg Cornplianoe.doc {6 luu'im[t UTILITY DISTRICT Uses Bv Riqht: 1) Wasterrrrater Treatment Facilitv including office and test laboratory: equipment storage for open space and facility maintenance equipment and supplies, 2l Water Wells and Pump Sites -. Each Site Ten feet in length by ten feet in width. 3) Water Well and Potable Water Treatment Site - 20 Ft. Width X 5O Feet Dept 4) Water Storage Tank and Well Site - Refierene Preliminary Plan 5) Non-Potable Water Pump House - 20 Ft. Width X 50 Feet Depth 6) PublicTrail, Parking Lot and WWTF Access Road n Landscaping 8) Fences 9) Underground utitity lines and associated equipment induding transformers, pedestals; valves, regulators and equipment specifted by the utility provider. 10) Non-Potable Water System pressure pumps and pump houses 11) Water augmentation system facilities. Gonditional Use: Expansion of WWTF Soeciat Use: None tinimum LotArca: 1fi) Square Feet (Waterwell Site) tinimum Setback WasterraterTreatment Facility Buildings 150 Feetftom Residence. (State policy is 1fi) Feet from residence) WaterWell Sites-Zero Lot Line Set Bad< taximum Heioht: Twenty-Five (25) Feet Additional Requircments: Alt uses shall be subiect to the ptwisions Under Section 5 lSupplementary Regulations) of the Garfield County Zoning Regulations, as amended. 4.08.05 PUD Submittal Requirements Wtren a pretiminary plan Rootlcation is induded with a PUD aoolication the SubdMsion Resolution rcouircments will suoersede the foltowino PUD reouirements where the same information or more detailed information is required as a part of a subdivision application. f ) Sbtementof otirners lnbrcBt Resooase; neference: (Eglnq) Aoolication - Zone District / Comorehensirre Plan Mao Amendment 2l A PUD Plan includino...a) Minimum number of drrelling units proposed within the overall area. Resooase: Reference Preliminary Plan Map - Elfiibit 2. b) Thq minlmum acreaoe that will be dedicated to Ooen Space. Resoonse.' Referenoe Preliminary Plan Map c) The tvpee of usec prcoeed and acrcaoe devoted to each. RPUO.104.G.S€c ll Zone Reg Gompliance.doc t0rar:1006 Response.' Reference Preliminary Plan Map d) iiaiorintemalcirculationsvstem. Response: Refurence Preliminary Plan Map e) The acreaoe that will be dedicated to school siEs Resoonse.' neference preliminary Plan Map - Scfrool Fees have previously been paid on 33 of the l(X lots. D The oeneral nafurc of commerciat and indusEial usee. if anv. to lr located ln 0re PUD. Resoonse; ftre pUO ls a single family residential suMMsion wtth water and sewer systems thatwillcharge tap fees and operating costs to be paid to the Deneloper or Homeorvners Association, as prcviously noted. S) Plovision for water. sewer. telephone. electtcltv. oas. and cable blevlelon. if apolicable. Resoonse. Reference Section I of this Application and Exhibits 13 and 25 . Otlrer rcrertrictions orcooacd bv the aoplicant written in the fom of a zolr distict telG Resoonse.' Reterence prctectlve Gorenants and oreceding resoonse to 4.08.O1 PUD Prooosed Uses h) lf more tran one ohase is orooosed. a ohaclnq plan shatl be included in Ote aoolication that delineabs the otoooeed ohasino. Resoonse; A phasing plan is not requested. 3) A rcoional location mao Resoonse.' Reference Preliminary Plan Map and Exhibit 8. tfl Asite mao Resoonse; Reference Preliminary Plan Map - Exhibit 2. 5) Slte Topoqraohic mao Resoonse.' Referene Preliminary PIan Map - On+'Foot Contour lnterval Map 6) A Loqal lleecription Response.' ReGrence E:dtabit 10 nA@a. Obftrctvee to be achieved by the PUD RPUD.1O4.G.S6c ll Zone Reg Complhnce.doc 48 t0rar:21t00 Resooase.' Reference Sections l, ll and lll. b. A development schedule Resooase Construction will be completed within 30 months. c. Cooies of orotectve covenantg Response; Referenoe Exhibit 22 d. A list of owner of orooertv within two hundrcd feet of the PUD boundarieg. Resoonse: Reference Exhibit I Sewaqe - Reference Supplementary Et'ribit A - Site Application for WWTF Storm Drainaqe - - Reference Bfiibit 16 - Drainage Report Potential Nafu ral Hazards i.Avalanche - Reference Exhibit 17 - Linoln Devore Engineering Not Avalanche area. ii.Landslide - Reference Eldlibit 17 - Lincoln Devore Engineering Arca to be developed is not a landslide area. iii.-Flood-Plgl4-Area - Reference Exfiibit 20 - Enartecfi, lnc. and Mountain Cross Engineering - Certifications regarding building envelops out of 100 year Floodplain. iv.Soile. - Reference Bfiibit 16, 17 and 18. Residential sites adequate soils. Easements showino rrested leoal acce$ ftom a oublic rcad to the PUD. Resooase. Referenoe Bfiibit 4 - Existing Raoids on the Colorado Plat for 33 Lots. County road 335 adjoins the access roads to the proposed PUD. h. Response. Referenoe Sedion ll Pages 7-9 and also Sedion lll. Reference ResJoonses b Sabdivlsion Aoollcstlon - Sedon III. e. t. !t. lr t. tv. RPUD.I&.G.S€c ll Zone Reg Comdiane.doc 40 lu*M The Ra rds On the Colorado Subdivision Apptication - Preliminary RPUD.104.H.lldr.doc GARFIELD COUNTY Building & Planning Department 108 8'n Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970. 945. 8212 Facsim ile: 97 0.384.347 0 www. oa rfield-cou ntv. com Subdivision Application Form GENEML INFORMATTON D Subdivision Name: The Rapids on the Colorado D Type of Subdivision (check one of the following types): Sketch Plan _ Preliminary Plan )O(XX Final Plat ) Owner (Applicant): Rapids Development Corporation Rapids on the Colorado Homeowners Association Gene R. Hilton and Mary J. Hilton -24.219 Ac., Lots 7, 8, I & 10 ) Address: 2102 West Arapahoe Drive Telephone: 303-798-1640 > City: Littleton State: CO Zip Code: 80120-3008 FAX: 303-798-1750 D Name of Owner's Representative, if any (Attorney, Planner, etc): D Address: 201 14 th Street. Suite 200. P. O. Drawer 2030 Telephone:970-945-226' ) City: Glenwood Sprinqs State: CO Zip Code: 81602 FAX: g70-g45-7336 F Name of Engineer: Mountain Cross Enqineerinq. Attn: Chris Hale F Address: 825 % Grand Avenue, Telephone: 970-645-5544 D City: Glenwood Sprinqs State: CO Zip Code: 81601 FA)(: 970-94S-SS58 D Name of Surveyor: Richard Holsan, PLS ) Address: 4773 Countv Road 314 Telephone:970-876-2947 D City: Silt State: CO Zip Code: 81652 FA)(: 970-876-2947 ) Name of Planner: Mountain Cross Enoineerinq. Attn: Chris Hale ) Address: 825 % Grand Avenue. Telephone: 970645-5544 F city: Glenwood sorinos state: co Zip code: 81601 FAX: 970-945-ss58 RPLD.IO4.T. SubDiv Appl Form.doc 52 GENERAL INFORMATION continued... ) Location of Property: Section 4, 5 and 9 Township 6 South Range 91 West, 6th P.M. Practical Location / Address of Propefi: One Mile West of New Castle on C.R. 335 D Current Size of Property to be Subdivided (in acres): 121.488 Acres. ) Number of Tracts / Lots Created within the Proposed Subdivision: UlilitLDistrict. and Open Soace Tracts ) Propefi Current Land Use Designation:1. Property's Current Zone District Studv Area 2 - Subdivision - 2. Comprehensive Plan Map Designation: Existinq Subdivision - 2-Mile Sohere of lnfluence - Town of New Castle - Cluster -Low Densitv Residential- One Unit Per Acre. Proposed Utility Service:) Proposed Water Source: Existi F (See "Attachment C" to be completed with Preliminarv Plan Application) ) Proposed Method of Sewage Disposal: Rapids \MTVTF (Application Recommended) ) Public Access VIA: C.R. 335. Paddle Wheel Ln. Rapids View Ln. White Water Ln. F Easements: Utility: Qwest. Holv Cross Enerqv. Excel Enerov. Rapids HOA. Ditch: Moore. Hudson and Sullivan. Read and Sullivan ) Total Development Area (fill in the appropriate boxes below): ) Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 ) Plat Review Fee (see attached fee schedule) RPLID.I04.T. SubDiv Appl Fornudoc 53 I. THE SUBDIVISION PROCESS ln order to subdivide land in Garfield County, an Applicant is required to complete the following land use processes in the following order: 1) Sketch Plan Review Process,2) Preliminary Plan Review Process, and 3) Final Plat Review Process. This section will briefly describe the nature of each process and provide general direction including subdivision regulation citations to a potential applicant requesting subdivision approval in Garfield County. All of the Garfield County Zoning and Subdivision Regulations are located for purchase at the Planning Department and can also be found on the World Wide Web at the following address: htto://www.garfield+ountv.com/buildino and planninq/index. htm A) The Sketch Plan Review (Section 3:00 of the Subdivision Regulations) 1. Purpose The purpose of the Sketch Plan process is to allow an individual an opportunity to propose a subdivision in a "sketch" format to the Planning Deparfrnent and the Garfield County Planning Commission in order to obtain a cursory review for compliance with the County's land use review documents, regulations, and policies to identiff any issues that nould need to be addressed if the proposed subdivision were to be pursued. 2. Applicabilitv Any individual proposing a subdivision in Garfield Gounty is required to complete the Sketch Plan review prooess as the first step in Garfield Countfs SuMivision prooess. More specifically, Garfield County defines a subdivision (Section 2:20.48) as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parels or separate interests, or the use of any paroel of land for condominiums, apartnents or other multipledwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements ln order to apply for a Sketch Plan Review an Applicant is responsible for revievning Sec'tion 3:00 of the Subdivision Regulations and providing enough information to the Planning Department in the application to conduct a thorough review and provide the resulting comments to the Planning Commission for their review and comments. Specifically, Section 3:30, 3:32, and 3:40 of the Subdivision Regulations oontain the specific information required to be submitted to the Planning Departnent in order to satisfy the application requirements in addition to the information requested on this application form. 4. Process / Public Meetinq The Sketch Plan review process is considered a 1-step process because the application is reviewed only by the Ptanning Gommission at a public meeting. ln order to appear before the Planning Commission, an applicant will have submitted all requircd application submittal requirements mentioned above to the Planning Eleparfrnent Staff. Once submitted, Stafi will have 15 working days to review the application to determine if all the required submittal information has been submitted as required. lf Statr determines that all the required information has been submitted, a letter will be sent to the applicant indicating the application has been deemed technically oomplete." lt is at this point Staff will also indicate when the application has been RPLJD. 104.'I'. SubDiv Appl Form.doc 54 scheduled to be reviewed before the Planning Commission and will request the applicant supply additional copies to provide the Commission for their review. lf Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the application does not comply with the submittal requirements and therefore has determined the application to be "technically incomplete." The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the necessary information to the Planning Deparfinent to remedy the application so that it may be deemed technically complete. tf the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically complete and a date has been established as to when the Planning Commission will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. ln addition, Stiaff will also consider refenal omments provided from a variety of state and local agencies who may also review the application. As a result, Staff willwrite a Memorandum on the proposed subdivision to the Planning Commission containing the resuJts on the land use analysis. This Memorandum will also be fumished in advance to the applicant. At the date and time set for the public meeting before the Planning Commission, Staff will present the findings in the Memorandum and the applicant will be required to present the proposed subdivision and respond to comments and questions provided by the Planning Commission. The comments provided to the Applicant by the Planning Department and the Planning Commission as a result of the Sketch Plan Prooess will be kept on fite in the Planning Elepartment for l-year from the meeting date before the Planning Commission. lf an Applicant does not submit a Preliminary Plan application to the Planning Deparfinent within the l-year timeftame, the Sketch Plan file will be closed and the Applicant will need to reapply for a Sketch Plan review prior to a Preliminary Plan review. B) Preliminary Plan Review (Section 4:00 of the Subdivision Regulations) 1. Purpose The purpose of the Preliminary Plan review prooess is to onduc,t a thorough review of the many aqpects that are associated with dividing land in Garfield County for the purposes of residential, commercial, and industrial development. This is the most intensive review step where the Building and Planning Staff, the Planning Commission, and the Board of County Commissioners (BOCC) will conduct a thorough revieuv of all the issues associated with the proposed subdivision against the County's regulatory requirements. Ultimately, the purpose of this process is to identify all the maior issues in the proposed subdivision by using the Countt's Zoning Resolution, Subdivision Regulations, Comprehensive Pian of 2000, as well as other state and local refenal agencies that will provide comments on any issues raised in their review. This is the process that will either approve or deny the application request. RPLJD.104.'I. SubDiv Appl Fonndoc 55 2. Applicabilitv Any individual proposing a subdivision in Garfield County is required to complete the Preliminary Plan review process as the second and most intensive step in Garfield County's Subdivision pro@ss. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multipledwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements ln order to apply for a Preliminary Plan Review, an Applicant must have already compbted the Sketch Plan review pro@ss addressed in Section 3:00 of the Subdivision Regulations. An applicant requesting Preliminary Plan review will be required to submit this application form, all the required submittal information contained in Sections 4:40 to 4:94 of the Subdivision Regulations as well as address all of the applicable Desiqn and lmprovement Standards in Section 9:00 of the Subdivision Regulations. tn addition to the substiantive submittal information related to the proposed subdivision proiect itself, an applicant is required to complete all the public notioe requirements so that legal public hearings can be held before the Planning Gommission and the BOCC which is addressed in Sections 4:20 -4:31of the Subdivision Regulations. 4. Process / Public Hearinqs The Preliminary Plan review process is considered a 2-step process because the application is ultimably reviewed by two County decision+naking entities during public hearings: the Planning Commission who makes a recommendation to the BOCC. ln order to obtain dates for the public hearings before the Planning Commission and the BOCC, an applicant will have submitted all required application submittal requirements mentioned above to the Planning Deparfrnent Staff. Once submitted, St#will have 30 working days to review the application to determine if allthe required submittal information has been submitted as required. !f Statr determines that all the required information has been submitEd, a letter will be sent to the applicant indicating the application has been deemed technically oomplete." lt is at this point Statr will also indicate when the application has been scheduled to be reviewed beforc the Planning Commission / BOCC. Additionally, Staff will provide the applicant with the notice forms to be mailed, published, and posted. lf Statr determines that all the required information has not been submitEd, a btter will be sent to the applicant indicating the application does not comply wtth the submiftal requirements and therefore has determined the application to be technically incomplete." The letter wil! also otrtline the applications deficiencies so that the applicant knows what additional information needs to be submitted. At this point, the applicant has 6 months (180 days) to provide the neoessary information to the FPLTD.I04.T . SubDiv Appl Fonndoc Planning Department to remedy the application so that it may be deemed technically complete. lf the application has not been deemed technically complete within this time, the application will be terminated. Once the application has been deemed technically eomplete and a date has been established as to when the Planning Commission / BOCC will review the application, Staff will conduct a land use review of the application using the County's land use regulatory documents including the Zoning Resolution, Subdivision Regulations, and the Comprehensive Plan of 2000. ln addition, Staffwill also consider refenal comments provided from a variety of state and local agencies who may also review the application. As a result, Staff wil! write a Memorandum on the proposed subdivision to the Planning Commission / BOCC containing the results on the land use analysis. This Memorandum will also be fumished in advance to the applicant prior to the public hearings. As mentioned above, Staff makes a reoommendation to the Planning Gommission and the BOCC regarding the issues raised in the anatysis of the proposed subdivision. The Applicant will first propose the subdivision to the Planning Gommission who is responsible for making a re@mmendation of approval, approval with conditions, or denial to the BOCC. Next, the application will be reviewed by the BOGC during a regular public hearing. The BOCC will consider the reoommendations ftom the Planning Staff and the Planning Commission, the information presented by the applicant, and the public. As a result, the BOCC is the final decision-making enttty regarding the proposed subdivision and will either approve, approve with conditions, or deny the application. lf the BOGC approves the subdivision application at the public hearing, the approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. (See the specific information provided in Sec'tion 4:4 of the Subdivision Regulations.) Folloring the hearing, Staff will provide a resolution signed by the BOCC s'hich memorializes the action taken by the Board with any / all conditions which will be recorded in the Clerk and Reorde/s ffice. Once an applicant has Preliminary Plan approval, they are required to complete the third and final step in the Gountfs Subdivision Process: Final Plat Review. C) Final Plat Review (Section 5:00 of the Subdivision Regulations) 1. Pumose The purpose of the Final Plat review process is to provide the applicant with a mechanism to prove to the County that all the conditions of approval required during the Preliminary Plan review prooess have been met / addressed to the satisfaction of the Planning Staff and the BOCC. This being the case, the chairman of the BOCC will sign the Final Plat and have it recorded memorializing the subdivision approva! granted by the BOCC. This is the last step in the Count/s subdivision process. 2. Applicabilitv RPUD. 104.'I'. SubDiv Appl Form.doc 57 Any individual proposing a subdivision in Garfield County is required to complete the Final Plat review process as the third and last step in Garfield County's Subdivision process. More specifically, Garfield County defines a subdivision as the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or separate interests, or the use of any parcel of land for condominiums, apartments or other multipledwelling units, as further defined by Colorado state law. 3. Application / Submittal Requirements ln order to apply for a Final Plat review, an Applicant must have already completed the Preliminary Plan review prooess addressed in Section 4:00 of the Subdivision Regulations. An applicant requesting Final Plat review will be required to submit this application form, alt the required submittal information contained in Section'5:00 of the Subdivision Regulations and responses to all the conditions of approval required as part of the Preliminary Plan review process. 4. Process The Final Plat review pro@ss is considered a 1-step process because the application is ultimately reviewed by the Building and Planning Staff and presented to the BOCC for their signature if the application satisfies all the required submittral information to the satisfaction of the Building and Planning Departpent. !f Staff determines that all the required infonnation has been submitted, a letter will be sent to the applicant indicating the application has been deemed "technically complete." lt is at this point Staff will also indicate when the application has been scheduled to be presented to the BOCG for signature. (Ihis is not a public hearing or meeting and therefore does not require public notice.) lf Staff determines that all the required information has not been submitted, a letter will be sent to the applicant indicating the apptication does not comply with the submitta! requirements and therefore has determined the application to be technically incomplete.' The letter will also outline the applications deficiencies so that the applicant knows what additional information needs to be submitted. Once the application has been deemed technically complete and a date has been established as to when the BOCC will review the Final Plat, Staff will review the application / Final Plat in terms of adequacy to determine if all the submittal information satisfies the Final plat requirements as well as the responses to the conditions of approval. During this review, Staff will forward the Final Plat the County Surveyor for review ahd a signature. ln the event there are additional questions or claffication issues to be addressed, the County Surueyor will generally contact the applicant to have the plat adjusted as ne@ssary. Once, Staff has completed the review and all required information has been submitted to the satisfaction of the Planning Department and the County Surveyor has signed the Final Plat in Mylar form, it will be scheduled at the next BOCC meeting to be placed on the consent agenda with a request to authorize the Ghairman of the BOCC to sign the plat. RPLJD.I04.T. SubDiv Appl Form.doc 58 Once the Final Plat is signed, it is then recorded by the County Glerk in the Clerk and Recorder's Office for a fee of $11 for the first sheet and $10 for each additional sheet thereafter. This fee shall be paid by the applicant. This act of recording the signed Final Plat represents the completion of the Garfield Gounty Subdivision Process. Please refer to the specific language in the Final Plat portion (Section 5:00) of the Subdivision Regulations for specific timelines and additional responsibilities required of the applicant to complete the Final Plat process. Please Note: This information presented above is to be used as a gCneral guide for an applicant considering a subdivision in Garfield County. lt is highly recommended that an applicant either purchase the Garfield County Zoning Resolution and Subdivision Regulations or access them on-line at: http://www.qarfield-cou ntv.com/bu i ld i nq and plan ninq/i ndex. htm in order to ascertain all the necessary requirements for each of the three steps including Sketch Plan Review, Preliminary Plan Review, and Final PIat Review. I have read the above and have provided the required attached information Last Revised : Ol t25l2OOS RPUD. 104.'I'. SubDiv Appl Form.doc 59 SECTION III Comoliance With Section 4.00 - Subdivision Resulations PRELIMINARY PLAN SUBDIVISION APPLICATION SU BDIW SION REGU LATI ON S Section 4.00 Submittal Requirements Response ffre pretlmlnary Apptication Form, Maps, requircd additionaland supplemental information arc contained in this application and in the'Volume 2 - Exhibits" and "Volume 3 - Atta,chmentsf provided to the Building and Ptanning Departmentwith this Preliminary Plan Application. Section 4.00 Submittal Requirements Response Tfte development constraints addressed in this section were previously considered by the Planning Commission and the BOCC at the time the 97.269-acre Rapids on the Colorado subdivision was platted into thifi-three (33) two-acre lots and three open spaoe tracts. The Garfield County Board Of Gounty Commissioners ("BOCC) and the Garfietd County Planning Commission previously determined that subdivision of the subject property for use as single-family home sites is in compliance with the Comprehensive Plan and the proposed use is in the best interests of the health, safety, morals, convenien@, order, prosperity and ulelfare of the citizens of Garfield Gounty." Development constraints for the proposed PUD are addressed in this sec{ion. Copies of studies, decrees, deeds, maps, permlts, title commitments, regulations and related documents are included in the attached Volume 2 - Exhibits". Section 4.50. Preliminaru Plan tap Resoonse RPUD. 1 Ott.J.Sec lll.SubDiy Appl Compliance.doc The Preliminary Plan Map "The Rapids on the Colomdo - Planned Unit Developmenf is included as Exhibit - 2 tn Volume 2 - Exhibits attached hereto and made a part of this Application. S*tion 4.60. Addiional lnformation The following information is required by the subdivision regulations of Garfield Gounty, Cotorado: a Terms of Reservations. Proposed terms of rcservation or dedication of sites for public andlor common facilities or use. if anv. qreenbelt: Response The open space and public roads will be dedicated to public use as provided in other sections of the Zoning and Subdivision Applications. A limitation is proposed on the use of trails by non-residents for the period between one hour before sunrise and one hour after sunset. This limitation is in recognition that the subdivision is primarily for residential use and the limitation may contribute to an orderly neighborhood. B. Phasins Plan Description. D,escriotion of anv prooosed ohasinq plan. if anv. Response The applicants do not propose a phasing Plan. Access. ilidence that all tots and parcels creaEd will have access to a public rioht-of-wav as required bv Colorado state law. Resoonse Alt lots will have ac@ss to County Road 335 over the following existino public roads: '1. Rapids Mew Lane, 2. Paddle Wheel Lane and 3. White Water Lane 4. All new roads will be dedicated to public use. o. Parkinq Places. RPUD.I 04.J.S€c lll.SubDtv Appl Compliance.doc Total number of offstreet parkinq places: Response ffi- Street Parkinq Single-Family 208 Public and lltlWTF {6 Soil and Topooraphical Hazards. Evidence that all arcas of the subdivision that mav involve soil or topooraphical conditions presentinq hazards or rcquirinq special precautions. mav have been identified. and the prososerd use of these ateas is compatible with such conditions. Response Please reference Section 4.70 responses, below, and associated Volume 2 - Exhibits 16,17,18 and 19. Radiation Hazard. Radiation Hazard and land use information. Response Lincoln-D,evorc (Exhabit 19) prepared a study of the property entitled "Enoineeino Geolwy a . The tests showed no groundwater and a letter noted that the nearest known radiation hazards to the propefi was at Rifle. Title Gommitment of the orooertv to be developed. A ti0e commitment for the propertv to be developed is reouired. Response A cunent title commitnent, prepared by Land Title Guarantee, is included as Exhibit 13 in Volume 2 - Exhibitrs, attached hereto. Survev. lf therc is a subdivision of a eection reouircd. a coov of tre final worksheet shall be provided fior aoproval bv the Gountv Survevor. F. RPUD.I04.J.S€c lll.SubDlv Appl Compliane.doc Response The survey of 'The Rapids on the Colorado Subdivision" was previously reviewed by the County Surveyor at the time of Final Plat. This proposed PUD contains an additional24.219 acres. The property survey will be provided to the County Surveyor. S*tion 1.70 Supolemtental lnformation: Geoloov and Soils. lnformation on the followinq characteristics of the area prgoosed for subdivision shall be shown oraphicallv and/or bv repoils whenever aoDroDriate. for a complete description of existino conditions and shall include: Geolooic and Flood Plain Description andlor illustration bv a reqistered profeseional enoineer sufficient to indicate anv development problems. Response Geolo_qic Lincoln-Devore prepared an "Engineeino Geolaoy and pd subsurface So/s Sfudy' (Exhibit No. 19) on the property. The engineering report concludes, "ln general, the soils found across the subdivision willform a reasonably good base for the proposed residential structures." R*oonse Flood Ptain A.s previously noted, the existing Rapids on the Colorado subdivision adjoins the Colorado River and Garfield Creek and is platted into thirty-three residential lots and three open spaoe tracts. At the time the Preliminary Ptan for the subdivision was submitted for review in 1996, a request for a Floodplain Special Use Permit was submitted to Garfield County BOCC requesting a permit to allow future development within the floodplain, including the placement of fill materialand construction of residential strucfures. The Board of County Gommissioners approved the Ftoodplain Special Use Permit and fill material was subsequently moved from the higher portions of RPUD. I 04.J.S€c lll.SubDiv Appl Conrpliance.doc 6:] the propefi and used to elevate the surface of building envetopes above the 1 0O-year floodplain level. After construction was completed, a Professional Engineer licensed in the State of Colorado, provided an as-built certification that the specified buitding envelopes were above the 1O0-year floodptain. The property etevations were then subsequently resurveyed and topographical maps revised to reflect elevation changes. The building envelopes in the proposed 104-lot Zone District Amendment - PUD are designed farther away from the river than in the present 3$tot subdivision. The land located nearest the river is proposed to be utilized as @mmon open space with a "river trail," fishing ac@ss and parking available for use by the public during daylight hourc. The "Colomdo River and rributaies prepared for Garfield and Mesa Counties, Golorado (Map c-18) in 19g2 was the basis of the Grading Plan elevations used to define the flood plain elevations. B. Soils. Provide f,laD and description of soil tvpes and their boundariee based on Response The folloring soils information is included in Exhibits 17 and 18 o? llotume - 2 Exhibit{ Exhibit No. ? - "so!!-Hazad Mat rhe soit Hazad Map (Map No. g), contained in the Garfield County comprehensive ptan, doei not show any soi! hazard on the property. The GIS information for the site is provided in this application as Exhibit No. 17. Exhiblt 1tlo.17 - "u.s. Dept. of Aoriculturc shows the scs soil types for the site. Soil descriptions and characteristics for each type of soil are provided in Exhibit 17. LJncoln=o,ev=oe prepared an 'Ensineerino Geoloov and prcliminaru Suosurface Sor/s Sfudr/ (Exhibit No. 1g) on the RPUD. 1 O4.J.Sec lll.SubDiv Appl Compfiane.doc 1U1fr20,m, report concludes, "ln general, the soils found across the subdivision will form a reasonably good base for the proposed residential structures o Exhibit No. 18 - "SIope Hazard illap" The "Slope Hazard Map" contained in the Garfield County Comprehensive Plan, does not show any slope hazard on the property on which residential lots are proposed. However, the common open space tract, used as a wildlife buffer, south of County Road 335 is shown on the map as a slope hazard atea. Development is not planned on the steep open space area indicated as a slope hazard. The "Septic System Constraints'(Ep-I!gj) contained in the Garfield County Comprehensive Plan does not apply to the proposed PUD since a central Wastewater Treatment Facility is to be constructed. Veoetation. Vesetation description and a tap showino location of maior tlee masses on the propertv. Response Vegetation information related to the proposed PUD is included in Exhibits 17. The vegetation masses are located along the Colorado River, Garfield Creek and the open space tract located south of C.R. 335. Vegetation located within the building envelopes is grass, alfalfa and weeds. D*crtofion of Veaebtion fines. The vegetation types found on the site vary between the crop grasses and clumps of allalla found on the platted lots and the native vegetation found in the riparian area adjacent to Garfield Creek, the riparian area adjaent to the Colorado River and the dry hillside and drainages south of C.R. 335. Dominant native vegetation species on the project site include Nanow teaf cottonwood, box elder, plains cottonwood, Russian otive, Gambel's oak, chokecherry, Saskatoon seruiceberry, hawthorn, juniper, willow, Siberian elm, pinyon, rubber rabbltbrush, woods rose, smooth broam grass and cheat grass. The plants are found growing on the open space tracts and along the banks of the Colorado River and Garfteld Creek. RPUD.l04.J.Sec lll.SubDiv Appl Complhnce.doc 65 The riparian area vegetation and small game habitat located adjacent to Garfield Creek and adjacent to the Colorado River will not be impacted by the proposed development. The areas are located within the floodway (in which development is prohibited) and in the floodplain fringe areas (in which development activities, if any, would be very limited. Fishermen and other sportsmen have used the areas atong the river for many years. (Reference Exhibit 2 - Public Access). The 9.78-acre open space tract rocated south of county Road 33s was previously deeded to the Homeowne/s Association and will remain as open space' An additional 24.219-acre tract, presently owned by Gene R. Hilton and Mary J- Hilton, will be acquired by Rapids Development Corporation for inclusion as open space. The vegetation and wildlife habitat on the hillsides and in the drainages will be preserved. A plan requiring ontrol of noxious weeds and other invasive species, such as tiamarack, will be included in the protective covenants. ln addition, a requirement for the Homeowners Association to control fuet levels in the open space areas will be included in the protective covenants or other appropriate documents, in order to redue the risk of wildfire damage of propefi. Wildlife o+ in=ctEdilo biq saFethe mappino practc Resoonse Efiibit 2o of Volurne 2 - Exhibits includes two maps that show mule deer and elk conentrations. The maps ("Map - Mure Deer wnter h and "Mao - Elk Wnter Concentntion") were prepared from the Division of Wildtife GIS information on the Garfield County vveb site. The maps indicate that the nearest concentrations are tocated approximatety one-half mile south of the property. Division of Wildlife GtS reports strate that RPUD.lg.J.Sec il.SubDivAppt Comptiane.doc 66 migration routes for big game are to the east, to the west and to the south of the property. Deer and elk frequently come down to graze on the property. provisions for dog control will be included in the Protective Covenants of the subdivision. The proposed Rapids on the Colorado PUD design designates a 34.00-acre tract, located south of c.R. 33s, as common open space. The open space tract results from apprication of the ctuster deveropment design. The open space protects the lnterstate 70 visuat corridor and provides a wildlife buffer between deer and erk habitat south of county Road 33s and the proposed PUD. Natural vegetation types in the riparian open space areas and on the steep hillsides will be protected. Dedicating the land to the Rapids Homeowners Association, requiring the HOA to control invasive plant species and timiting construction activities in the flood fringe areas wilt protect wildtife and the open space riparian areas, As noted above, big game migration routes for deer and elk go east, west and south from the Colorado Department of Natural Resources land. There are no migration routes of big game across the Rapids on the colorado property. Because populations of deer and elk are near the property, the preliminary Plan design contains the foltowing features that benefit wildlife: 1. Open spaoe conidors to the river 2. Open space buffer south of C. R. 33S - 34.00 acres 3. Fencing construction compatible with Dow standards for deer and etk, south of C.R. 33S. 4- Dog controras noted in the deed recorded in Book s76 at page 133 5' Control of invasive plant species in riparian areas by the Homeowners Association RPUD.104.J.S€c llt.Suil)ivAppt Compliance.doc 6t - 1U1t,?0[6, S*tion 1.80 - Suoplementarv lnformation - Drainaqe plan A drainaoe olan. at frte same scale as the Preliminaru Plan and oreoarer, bv an enqinealr rcoistercd in the Sfarte of Colol,ardp.. shatt deoict the followinq information in qraphic or wrtfien form: 6. Removal of fuel from open space areas to reduce potentia! wildfire damage 7. Construction will be minimal in flood fringe areas in order to reduce impact on small wildlife. 1. bristino water cources and lak* 2. Limib of tributaru areas. wherc oractical. 3. Conseauenc* of tribubru flows. Desion of drainaqe facilities to prevent stotm wafalr in excess of historic flows ftom enterlnq. damnino. or beino canid bv existinq dlarinaqre faciliti* and to orcvent maior &maoe of floodinq of ,esidences in l(Nt- var sbrm. showino: 7. Arca subi*tto inundation 2. Location and size of ptoposed culverh. di0;hes'. bri&es and channels. Response "Rapids on the Colondo PU , prepared by Mountain Gross Engineering, lnc. is included in votume 2 - Exhibits (Exhibrt 16 and 25t attached hereto. The report is based on the 1O4Jot design proposed in the PUD application and responds to the issues identified above. The Preliminary Plan application contains a map "Raoids on the Colorado - Dninaqe Plan" (Exhibit2il. That identifies the facilities that exist, those that are proposed, the florrvs predicted in a storm event and provides storm drains and open space areas to accommodate drainage. RPUD. l(X.J.Sec lll.SubDiv Appt Compfiane.doc section 4.97 - suoolementaru lnformation - lltilitv Plan - water A w?ter supplv plan. at the same scale as the Preliminarv Plan. shatlprovide the followinq oraphic and or written form: Resooase Water Supplv Plan. A water supply plan is attached as Exhibit 25. Also, please reference Section I of this Application for existino water supplv svstem photooraphs. Erioht Water Enoineerc has conducted a study. Rapids on the Colondo Water Supolv Analvsis that addresses the issues noteO above. Please Reference Exhibit 14. A Memorundum of Water Allotment Contract is attached as Exhibit 14 in Volume lt - Ethibits. ln addition, Volume 3 - Attachments includes a copy of an Application to Amend the West Divide Contract for additionalwater. ln 1!l instancei. evidence that a water supolv. sufEcient in terms of oEalitv. quantitv ?nd dependabilitv stratt be avi adequate supplv of water for the oroposed subdivision. lnctude: 1. Evidence,of ownerchip of riqhB or riqht of acquisition existino orprooosed water riohts. Response olrnerchio of Water Riqthts The Applicant, Rapids on the Colorado Homeotrmers Association, OuYns 19.65% of the Moore Ditch water rights included in the Plan of Augmentation W-3262. The proposed PUD will require tess than 0.953 CFS of the W-3262 Moore Ditch Priority No. 3 and 14 Water rights for continued inigation of up to 42.02 acres of meadow land historically inigated from the Moore Ditch. ln addition, approximately 0.024 CFS of Moore Ditch Priority No. 3 and No. 14 Moore Ditch Water Rights will be deeded or has previously been deeded to the Homeowners Association for replacement of depletions from junior water priorities for Rapids Welts No. 1 and 2 and for water storage in the Rapids Pond ("reservoif). RPUD. rO4.J.Sec llt.SubDrv Appl Compliane.doc The additional water w-3262 Moore Ditch Augmentation Plan water Rights are owned by the Applicant, Gene R. Hitton- The west Divide contract for one acre-foot of water annuatly is being amended to 2.0 acre-feet, (Exhibit 14). The water will be utilized for replacing non-irrigation season (winter) depletions. The contract has been assigned to the Homeowners Association. WRIGHT WATER ENGINEERS REPORT INCORPORATED: RAPIDS ON THE COLORADO WATER SI'PPLY ANALYS'D RPUD.104.J.S€c lll.SubDiv Appl Comptiane.doc Engineers, lnc. @ Wright Water 818 Colcrado^'€. P.O. Bo(219 . Glen^,ood Spdngs. Cobrado 81602 le70l 945-7755 IEL le70l94$9210 FA\ 1303, 893-16@ DEr.rlGR DRECr IJ,\IE Vh nrst Classltflolt S€pt€mber4 2003 Revised April T,2006 Mr. GeneR Hihon P.O. Box 1274 Littleron, cl) 80120 Rc: Rapids on the Cobrado WaterSupply Analysis DearIUr. Hilton: Wright Waner Enginccrs, Inc. (WWE) has estirnated the water supply roquirenrnB for the rpvised Plamed Unit DeveloprrEnt (PuD) rczoning of the Bryids on the Colorado Developnrnt in Garfield @unty, Oolorado. The dcrdoprrnt is cnrrently planned to have l2l resi&ntial units and 42 acres of inigated lan4 ircluding opcn ryace and landscape anpnities associatod with ttp rcsidcntial units Ttrc potablc in-house water supply for thc residential units will be providod from two orsite wells tluough a central'distribution eyrfrcrn WWE urderstands that no inigation water will be prcvidcd by tlre central potable watrii syst€m All inigation in thc PIJD will be by a separate rnrrpotable syrtem thatdiverts watcr frromGarfield Cheek ttnough the historic Moorc Ditch. thc lfihon Augrrrcrnation Plan" erced in Water Court Case No. W-3252" cstablistrcs thc critcris br detorrnining tho wator domards basod on rosidontial unit& Rcsidsntial wastcu,ata will bo colletcd and treated by rrans of a oentral wastcwater treatnDnt s,rstenL Tabb I prcsents thc waf€r roquircnrcnts ard strcam deplaioru for tho PUD. The calculatlons ue based on critcria defincd in Case No. 1V-3262; speificalllq . Average oocuparcy of 3.5 pcrsoru per unit (]ean-round), r Avorago dclivery of lfl) galbru per day pcr pcrson, ard o Averqge sscam @letbn of dclivered in;housc water trcatcd ttrough a central wastcwater tr€at[pnt sy*cm of 3 pcrcent Ihis assurEs a rrcrrlagoon wastcwatcr trcatrDnt systc[r fuinual potabb divcrsbns at fuU build out will equal 47.4 ar,re-fpet (AF), and annual &pbtbns witl b 1.42 AF. The existing nro nplls arc capble of punrping the full arDunt of water required for domsb usc for ttrc prolrt" Thc maximum purnping ratc ftom the well system is cxpetcd o be about lm gprrt which exoeeds maxinurm &mrnds. Because of ttrir junior prbrities, thc depletioru resuhing ftom thc donr.stic use of watcr puued ftom tlp wclls will ncod to bc rcptacod to tho Garfiold ChocldColorado Rivcr slstom during tho oEr{r/ER l3O3' {s}r 700 a.rM rco l97olz5*71t1 8O-[DER-1303' {73-95@ av lAl'tt' { /*, ' Mr. Gene R. Hilton Apnl7,20M Page2 irrigation season We believc this rrced can be nrt ttnough the operation of the augnrntation plan decr€ed in Case No. W-3262 by permanently drying up to t.O acre of inigated landlying underthe Moore Ditch. It is our unddrstanding that the anpunt of land that will be withdrawn from inigation as a result of the oonstngbn of strceB and the dwelling units is expected to be greater than- fO acrEs, which is signifcantly rprc than what is required to augrEnt the irrigation r"u.o, donpstic use depietions. Thc dectee recognizes that tlprc is no senior demrnd for water firom thc Garfietd Cbeek dgring the rcn-inigation season, sothere is no requirenrent to reptace the PUD's depletions during ttrat sisonto that systenl Neither is thcre cunently any non-irrigation season senior call frrom tfr" Coto.aAo River that would call out the PUD's junior well rights. Nerrrtheless, should such a call materializp, provision has been made ttmrgh a contract with ttre West Dividg Conservancy District to deliver up to I AFof stored waierto the Colorado River. It is our opinion that the proposed Rapids on the Colorado P[JD, as described in this letter, has an adequate physical and legal water supply to rrpet its full build out water demands. Please do not hesitarc to call if you have any questions. Vcry tnrly )tours, WRIGIIT WATER ENGINEERS, INC. William L Lorah, P.E. Senior Consultant Attachnpnt cc: Jack Ross, Esq., Dufford & Brown" pC cLrrroRtswwB03t.05:muilRorc wsA REV.ec RPtD.l2lJ.Sscl[.&60iyApplGompfane.rfoc Tz TABLE 1 Raplds on the Colorado - 121 PUD ln-House Water Diversions and Depletions (1) 121 EQR at 350 gpd pet EQR in AF per mmth l2l 121 EOR at 350 gpd per EQH in gpm per month (3) 3 peroent ol Column 1 in AF'(4) 3 peroent of Column 1 in gprn' 'Assumes a non-lagoon wastowater treatment system Days f,lonth Potable Water svstem Ilepletlons AF (1) gpm el AF (3) gpm (4) 31 Januanr 4-O29 29.410 0.121 0.882 28 Februarv 3.trIg 29.410 0.109 0.882 31 Marcfr 4.029 29.410 0.121 0.882 30 ADril 3.899 29.410 0.117 0.882 31 May 4.V29 29.414 0.121 0.882 30 June 3.899 29.410 0.117 0.882 31 v 4.029 29.414 0.121 0.882 31 Auoust 4.929 29.410 o.121 0.882 30 Seotember 3.899 29.410 0.117 0.8E2 31 Ociober 4.O29 29.410 0.121 0.882 30 November 3.899 29.410 0.117 0.882 31 D,ecomber 4.@9 29.410 0.121 0.882 365 fotal 47.48ia 1.424 Gegr Hltaon-r c:LwoRt(wwaGr{6irrfi(mr\T8bbt REv wri0t*wal€rEtEarEoG.kE. PmdByHRK CldBywll. POI ln lrl -f -qm ltl -srttitrtiu Annt Carnafianca-dc 73 Historic Use and Estimated Yield of claimed water rioht Response The historic use and estimated yield of the Moore ditch, Priority 3 and 14 water rights owned by the applicants, has already been determined in the District Court, in and for Water Division No. 5, in Case W'3262. The Court found that Hilton had irrigated 70 acres from the Moore ditch (Page 9), and the average yield per acre irrigated of 1.38 consumptive use acre feet (Para. 19, Page 10). The average yield for the 70 irrigated acres is 96.6 consumptive use acre-feet. A copy of Decree W-3262 is included as Exhibit 14 in Wilume 2 - Exhibits. Availabilitv of existinq risht to chanse in use Response A Plan of Augmentation has been approved by the District Court that decreed a change in use from agriculture to municipal, industrial, agricultural and other uses. The decree also pennits water storage in the reservoir (Rapids Pond") for replacement of out of seasoR depletions. The water rights can be used for domestic or amenity inigation purposes in the proposed PUD. Evidence that oublic or orivate water ownerc c.an and will supplv water to ttre proposeO subaiviiion. A. The amount of water available for use within the subdivision bv such providerc Response Domestic. The amount of physical water presently available for domestic use in the subdivision is 105 gallons per minute or 151,200 gatlons per day. The average daily demand for domestic water within the subdivision is 36,400 gallons per day. (121 Units X 3.5 percons per unit X 100 gallons per Day). The two wells produce over three times 1) 2) 3) RPUD.I 0'l.J.S6c lll.SubDiv Appl Complhnce.doc 74 t0r420(b the amount needed for domestic use, based on 100 gallons per person per day standard. Open Space. Open Space will continue to be inigated with Moore Ditch water rights. B. Feaeibilitv of existino seruice to the area Response The Rapids subdivision is presently served by an existing public water system owned by the Rapids on the Colorado Homeownerc Association. As noted in paragraph 6.C., the HOA will provide service to the proposed PUD. C. Proof of the leoal dependabilitv of the proposed water supplv Response The water rights for Moore Ditch No. 3 and No. 14 are some of the highest priority water rights in the Colorado River basin and have never been called out by the main stem of the Golorado. ln addition, the Distric't Court has approved the water rights for municipal purposes on the property in a Plan of Augmentation W-3262. An analysis by Wright Water Engineers, a @py is attached as Exhibit 14, stiates, 'lt is our opinion that that the Proposed Rapids on the Colorado PUD, as described in this letter, has an adequate physical and legal water supply to meet its full build out water demands." D. Representation that all necessarv water riohts have been obtained or will be obtained orior to submission of final plat Response RPUD.I 04.J.S€c lll.SubDiv Appl Gompliane.doc 75 1U'[r2m6 The applicants represent that all necessary water rights have been obtained at the time of filing of this Application. 2. Evadence concernins the potabilitv of the proposed wator suDDlv for the subdivision. Response The water system is an existing public water system approved by the State of Colorado (PWSID CO 0123668). Laboratory tests of water samples were reviewed by the State of Colorado prior to design approval- Copies of the laboratory tests were provided to Building and Planning for review. A copy is included in"Volume 3- Attachment 4". 3. tf a central water and distribution svstem is to be provided. a oeneral description of the svstem as desioned bv a Golorado reEistercd engineer Response An existing public water system will provide domestic water to the subdivision. Mountain Cross Engineering has provided a "Rapids on the Colorado PUD - Water Supply- Preliminary Plan" map that shows the location of the two existing water wells, the treatment facility, existing water line locations and size, fire hydrants, 150,000 water storage tank and proposed water line and fire hydrant locations and new proposed streets. Response The Rapids on the Colorado Homeowners Association owns the existing water system. The expansion will be construc'ted by Rapids Development Please Note: Photoqraphs and descliptions of the water svstem arc presented in Section I of this application- Name of tte leoal entitv thatwill own and operate the svstem RPUD.IO4.J.Sec lll.SubDiv Appl Complhne.doc 76 1U'[r20Oo Corporation and transferred to the Rapids on the Colorado Homeowners Association by Bill of Sale. B. Proposed method of ftnancins the svstem. Response The domestic water system is operational and can, without expansion. serve aporoximatelv 92 of the proposed 104 units. Distribution lines, associated vhlves, controls, fire hydrants and a non-potable system will be financed commercialty. Preliminary construction loan approval has been obtained from a Denver bank to provide funds for the subdivision improvements. C. lf conneation is to be made to an existinq water svstem. a letbr from an autrorized rcpresentative of such svstem that the proposed development will be seryed' Resoonse: LETTER INSERTED RPUD.104.J.S€c lll.SubDiv Appl Compliane.doc 1U1raffi October 3, 2006 To: The Board of County Commissionersi, Garfield County, Colorado From: The Rapids on the Colorado Homeowners Association Subiect Domestic and Non-Potable Water Rights and Service to the Proposed Rapids on the Colorado PUD - 1(M Single'Family Units Ladies and Gentlemen: Please consider this statement as a confirmation by the Rapids on the Colorado Homeowners Association, the owner of the Rapids Water System and certain Moore Ditch Water rights, that the Homeownerc Association presently provides water service to the Rapids Property located north of C.R. 335 that is proposed for PUD zoning and subdivision into 104 single-family residentialsites. Please be advised, the Homeowners Association, as owners of the Rapids public water system, will orovide domestic and non-potable water service to the planned unit development, when approved. A review of water rights by Wriqht Water Enqineerc has confirmed that the Moore Ditch water rights ".......has an adequate physical and leoal suoplv to meet its full build out water demands." Rapids on the Colorado Homeowners Association By: Gene R. Hilton, President RPUD.1O4.J.S€c lll.SubDivAppl Compliance.doc 78 1U1t2006 Evidence from the Water Gourt - Water Division V. that the existino water svsGm possesses adequate leqal water supplv to serve the proposed development. Response The Water Court - Water Division 5, by approval of the Plan of Augmentation, W-3262, attached as Exhibit 14, has acknowledged that the Moore Ditch water rights, Priorities No. 3 and 14, are adiudicated and approved for municipal and other uses on the subject property. The approval of the Augmentation Plan by the Court removes the uncertainty of the issues and values regarding uses other than agriculture. The Augmentation Plan establishes the historic yield and consumptive use values for domestic in-house use, amenity use, ponds and for continued agricultural use. Also reference Wrioht Water Enoineer analvsis and opinion orovided in Exhibit 14. D. lndividual Water Svstems. NOT APPLICABLE. The existinq Rapids public water svstem will orovide water service to the PUD. E. lf aoplicable. a plan of ausmentation and a olan for subdivision water suoplies. Response RPUD.1 0,l.J.Sec lll.SubDiv Appl Compliance.doc 79 t&u:xn6 The Rapids on the Colorado Homeowners Association will provide potable water to the proposed PUD from the existing approved public water system owned by the HOA. As previous[ Jioted, the District Gourt for Water Division 5 has approved a Plan of Augmentation that applies to the Moore Ditch lands and More Ditch water priorities No. 3 and 14, as well as other ditches and rights. The Augmentation Plan stipulates consumptive use amounts to be used for each residence for in-house domestic use based on a central W\ rTF system, and for amenity inigation, ponds and wastewater treatment options. Ownership of the public water system was transferred from the Rapids Development Corporation to the Rapids on the Colorado Homeowners Association by Bilt of Sale recorded in Book 1308 at Page 569 ln addition, a non-potable water system will be instatled in the proposed PUD, and will be owned by the HOA. The system will provide pressurized amenity inigation water to all sites and open space tracG north of County Road 335. The existing wells, treatment facility, storage facility, easements and rights of way are adequate forthe proposed 104-unit PUD. Additionaldistribution lines and fire protection will be required for approximately 19 units. The Preliminary Plan includes a "Rapids on the Colorado PUD Water Supply - Preliminary Plan'map ("Exhibit 25) that shows the existing and proposed water supply system. S*tion L92 - Suoolemenbrv - Wlitv Plan - Sanitaru Sewer A sanitarv sewaoe olan at tre same scale as tre Prcliminaru Plan shall provide the followino in qraphic orwritten form: RPUD.I q.J.Sec lll.SubDiv Appl Cornplhne.doc 80 10t1t2@B Response. A Sanitary Sewage Plan is attached as Exhibit 25. lf a public sewaoe svsbm is oroposed. evidence that provision has been made for adequate sewaqe treatment works for ffie subdivision: R*ponse: The olant caoacitrr will be 45.(xx) oallons oer &v and frte l(M unirs. will qenerate 38.tllN oallons oer dav. The olant will exc*d the reouircmenb of the PUD. Site Application Gapacity - GPD STATE DESIGN GRITERIA - 100 GPD Per Percon Number of Units (X) Number of Residents Per Unit (X) Gallons/ Capita I Day =Required Plant Capacity I Day - GPD 1M 3.50 100 3g-400 Conclusion: Based on State of Colorado de$ rcauested in the site Aoplication is adeouate for the orooo*d development B. If a sewaqe treatsnent works is oroposed. a qeneral description of the collection svstem and treatnent facilities as desiqned bv a proftssional enqineer licensed in the State of Colorado. Respoase A detailed description of the proposed WWTF is included on page 2 of tre Sfra Aoolicatbn, induded in "volume 3- Attachment{ as "Attachments 2 and 3'. RPUD.104.J.Sec lll.SubDiv Appl Comptiance.doc 81 1U*Nts ln the Site Application, the proposed wastewater treatment facility is described as a sequencing batch reactor plant that will inctude a holding unit, preliminary treatment, one sBR Unit, post equalization basin, UV disinfect ion, aerobic srudge holding for a design flow of 45,000 GPD and will be enclosed in a building. The construction cost is estimated by Martin / Martin consulting Engineerc to be $661,000 collection lines will provide seruice to 1o4 singte-family sites. 1. copv of completed but unapproved colorado Departnent of Application Response A copy of the "site Application and Engineering Report, wastewater Treatment Facility, The Rapids on the colorado, Garfield county, colorado", prepared by Martin/Ivlartin, lnc., an amendment to the site location application, and a site Location Application presentation made by the applicant to the Board of county Commissioners is attached as a supplementalexhibit. 2. Name of the leoal entitv that shall own and operate the sewaqe treatnent works. Response The developer, Rapids Devetopment corporation, wilt construct, finance and operate the plant and collection system during the construction phase of the project. Rapids Devetopment Gorporation will charge a tap fee and monthly service charges to recover its expenses and finance costs over an estimated three-year buildout period- upon payout, Rapids on the cotorado Homeoumerc RPUD.lg.J.S€c ttt.SubDivApptConpthne.doc U 1U4,tllm6 Association will become the owner of the facility and collection lines. Rapids on the Colorado Homeowners Association agrees to accept the facilities and operational requirements. 3. Proposed method of financino the sewaqe trcatmentworks. Response Rapids Development Corporation has made preliminary alrangements for funds to construct the wastewater treatment tacility and collection system. c. lf public or private sewaqe facilities are to be provided bv an existino district or throuqh connection to an existinq sewer svstem. provide infomation. Response Not Applicable. New System. o. tf ISDS Svstem is proposed provide reEuired information. Response Not Applicable. New Gentral System. E lf ISDS svsbms are proposed. provide a manaoement plan. Response Not Applicable. New Central System S*tion 4.93 - All Road and Utilitv Plans Road and Utility Plans - Maps, prepared by Mountain Cross Engineering, are attached to this Preliminary Plan Application as Exhibit 25. The existing Rapids on the Colorado Subdivision has existing installed water lines, electric lines, telephone lines, natural gas, paved roads, fire protection RPUD.I0.l.J.Seclll.SubDlvApplComptiance.doc 8to hydrants, two water wells, a 1s0,000 gallon water storage tank, access roads, water pumps and a water-treatment facility. Mountain Cross Engineering has designed road extensions, utility tocations and prepared road plan and profites, drainage system ptans, sanitary sewer collection system location, "as buiff water lines and proposed locations of the expansion of the water distribution lines, sanitary sewer line Iocations. The road and utility plans are attached to the Preliminary Plan Apptication as .Exhibit 25". Off€ite road impacts shatl be evaluated for subdivisions Uirouqh A. Traffic lmoact Studv - The Rapids on the Colorado Kimley-Hom and Associates has prepared a "Traffic lmpact studv - The Raoids on the Colondo" relating to the impact of 121 units as originally proposed- An Addendum reflectinq the reduction in lots to 1O4 is also attached to the studv Summarv The analysis by Kimley-Horn and Associates afrirms that the impact on lntenstate 7O at Exit 105 will not exceed 2}o/o and consequengy will not aftct the counfi access shtus. tn addition, tree report addrc$es tfie trafftc within the proiect and on G.R. 335. completion of a trafric studv identifirino the volume of traffic oenerated from the derelopm"nt bas"d on trip qeneration rate utilirino the most rccent lnstitute of Traffic Enqineerc Trip Generation ]ranuat. to establish fie averaoe dailv trafric (ADTI. The road impact fee shall be established as a result of enterino the applicable date identified in the Road lmpact Fse ealculalion wor{<sheet tocated in Appendix A lof flie subdivision rcoulationsl. RPUD.i(X.J.S€c llt.SubDivAppt Compliane.doc U 1U4r2006 e. Reauirements for Monumentation are specified in the subdivision reoulations. Response Monumentation will be provided in the subdivision as required. Boundaries of the subdivision have previously been surveyed and monuments set. RPUD. 1 04.J.Sec lll.SubDiv Appl Compthnce.doc 1U412006 The Ra rds On the Colorado Compliance Comprehensive Plan 2OO0 Garfield Coun g4 Colorado RPUD.104.Ktldr-doc -86- SECTION IV A The Golorado Revised Statutes (cRS) establish general strandards of review for rezoning land in the County' The standard used for reviewing a rezoning request that is in complianoe with the Comprehensive plan is Garfietd County has adopted Zoning Regulations and Subdivision Regulations that guide subdivision and zoning actions within the county. rn addition, the county has adopted a comprehensive Plan 2000 that provides a generat statement of direction for land use planning in unincorporated Garfield County. The Comprehensive plan 2000 establishes Goals, obiectives, Policies and Programs regarding land use within three mites of municipalities. tn compliance with a Gomprehensive program 10.1, the County prepared a map hunfu' Colotah. (Attached as Exhibit 6). The Rapids property is classified on the Comprehensive plan Map as of New Castlet. The Comprehensive plan 2000 also incorporates induding the map' The "Three Mile Area Plan" specifies land uses and densities that the Torn of New Castle visualizes for the area. RPUD.1g.L.Sec Vcornp ptan Comptiane.doc g7 municipal maps - t(y4l2006 The Town of New Castle Comprehensive Ptan map applies a classification of "Cluster-Low Densifu-R l to the Rapids property. The ctassification, in other Town of New Castle regulations, recommends a densitv of one unit per acre. The proposed Planned Unit Devetopment is responsive to the community goals and objectives of The Town of New Castte ("Town") as provided in the attached Memorandum of Understanding ("MOU) between the Town, Rapids Development Corporation and The Rapids on the Cotorado Homeowners Association (Exhibit 3"). The Memorandum of Understanding confirms that the proposed cluster development of 121 units is in general conformance with the Gomprehensive plan of the Town of New Gastle. The MOU specifies a density of 121single-family units for the proposed pUD, provides for a waste water treatment facility ("UAA/TF") on the site, provides for public ac@ss points and trails to the Colorado River, and addresses the sensitivity of the open spaoe tract south of C.R. 335. The Memorandum of Understanding also recommends that the BeCC and, subjec't to certain conditions in the MOU, "The Town suoports the pU,D based on its ......, . The proposed Rapids on the Colorado PUD is within three miles of the Torrn of New Gasfle and is therefore considered to be within an Urban Area of lnfluence as defined in Garfield CounMs RPUD.lg.LSoctVCornpphnComp$ane.doc 88 - 1U4/2006 ComDrehensive Plan 2000. The PUD is subiect to the fottowino Comprehensive Plan Urban Area of lnfluence Goals. obiectives. poticies and proorams: 1. GOAL: Promote development in and around existino communities Response: The Proposed PUD is an existing subdivision tocated one mile west of New Castle. The Rapids property is classified on the Comprehensive Plan Map as SubdMsion Wthin TwoMile Soherc of lnfluence (Town of New Casf/el -. The Comprehensive Plan 2000 also incorporates severat municipal maps including the "Three-Mite Arca Plan. T n Colondo" map. The "Three Mile Area Ptan" specifies tand uses and densities that the Town of New Castle visualizes for the area. The Town of New Castle Comorehensive Plan ctassifies the propery as "Cluster-Low Density-Residential" that contemplates the property to be subdivided for sinole Familv Residentiar at one unit perAcre. The Aoplication Zone District Amendment and Subdivision Application Preliminarv Plan are in compliance with the Gomprehensive Plan Goal. GOAL: Ensurc frrat develooment and overall land use aolices occunino in lhe Countu lhat will afrect tand use of a municioatitv arc compatible with the existina zoninq and fufurc land use obi*tives of frie aporooJiate municipalitrr. Response: The Torn of Neuv Casfle and the Applicants have entered into a Memorandum of Understanding that acknonr{edqes that the prooosed PUD is in comolianoe with the 89RPUD.i04.L.S€c !V Cornp Phn Complflane.doc 1U#zffi Comorehensive Plan for the Town of New Castte. The MOU is attached as Exhibit "6" and is addressed in para. 6 below. 3. O&JECTIVE: Response: The cluster Design, used in the proposed puD, increases open spaoe to 65.6% of the gross area of the PUD and establishes protections that limit use of the open space. The location and design of the proiect, with large open space tracts, will retain the rural character of the area. 4. o&lECTlvE: Develooment that requires urban seruices wiil be Response: The proposed PUD is an existino subdivision with paved roads, a public water system, naturalqas, electricitv, teleohone and amenities in olace. Utilization of the existing infrastructure for additional densitv complies with the Comprehensive Plan Obiective. 5. O&IECTIVES: tlevelopment in an Urban Alea of lnfluence will have Response: The Proposed PUD is an existing subdivision that has a road system constructed and in place. The road system is compatible with the adjoining C-R. 335 as to visibility and traffic votume. Street designations will be in compliance with the area streets. RPUD.1O4.L.S6c tV Comp plan Compliance.doc Zone District Amendments and individual proiects within defined Urban Areas of lnfluence. will be consistent with local land use poticies. Response: The Application Zone District Amendment and Subdivision Application Preliminary Plan, submifted for the proposed Rapids on the Golorado puD, are subject to this Comprehensive Plan Policy. The proposed Rapids on the Colorado PUD is within the Urban Area of lnfluence of the Tounr of New Castle. The Garfield County Comprehensive Plan Policy essentially requires Zone District Amendments and individual proiects within Urban Areas of lnfluence to as opposed to the Garfietd County Gomprehensive plan. ln accodanoe with the Comorehensive Plan 2000 Policv. the Town of New Gastle and the Aoolicants have entered into a Memorandum of Understandino (MOU) in which: r' Town acknowledges that, based upon the provisions of the MoU, the PUD is in substantial compliance with the Town of New Casfle Comprehensive plan. { Town of New Castle requests that the BOCC aoprove the applications. The attached Memorandum of Asreement, Exhibit "3", approved by the Town Gouncil of the Town of New Gasfle and the Applicants, specifies the requirements that the proposed Planned Unit Devetopment must meet to be in substantial complianoe with the Town of New Castle Comprehensive ptan. Based upon the Memorandum of Understanding, the Torn of New Casge and the Applicants have agreed to the following Mou provisions: RPUD.I04.L.S€c M Cqnp ptan @mptiane.doc 9l 1U1t,2ffi 1 "Subject to the provisions of the Memorandum of Agreement, the Town shall consent to and recommend to the proposed PUD, including clustering, dedication of open spa@, preserving the hillside as open space and the like although not in strict compliance with the comprehensive plan as to densitf- The Town supports the pUD because of its as noted above, the provision for a public trail with river access, and the provision for a wastewater treatment facility with proposed use as provided herein, provided however, that any such support is contingent upon comptiance by Rapids with the provisions of this paragraph, and further, so long as the puD proposal is consistent with the following conditions:. . . .. . ., PRoGRAiis= l, ,ooo"ution *ith lo"rl -uni"io.litio. h. comorchensive land use mao wilt ffine an llrban Area ol lnfluence for @ch iurisdiction. The ffinition wilt b fr,sed on booqruohv. qrcwur pafun. ta nspottetion chancbristics and inout fiom arc affacfrld iurtsdiction. the Facilitv." 2. "The Town agrees that many etements of the iluNlclPAL GOMPREHENSIVE ptaN The Town of New casfle has acknowledged that the proposed PUD is in substantial compliance with the Town of New Castle Comprehensive Plan and supports the pUD Application and Recommends the Bocc approve the site Application. Reponse: RPUD.t04.L.Soc M Cqnp plan Gompliane.doc 92 1U1[Z0[6, The County prepared a map that complies with the poticy and it refers to the map as the Prcposed Land Use Districts. Studv Areas 2 & 3. Garfield Countv. Colorado. (Aftached as Exhibit 6), The map establishes a Three-Mile Area Plan around each municipatity with an additional Two-Mile Sphere of tnfluence boundary denoted around each municipality. The Rapids property is located within the "Two-Mile Sohere of lnfluenoe" of the Town of New Castle and is ctassified on this map as Subdivision Within Two- Mile Sohere of lnfluence (Town of New Castter The Town of New Castle Comprehensive Plan map applies a classification of "Cluster-Low Densitv-Reside " to the Rapids property. The classification, in other Town of New Castle regulations, recommends a densitv of one unit oer acre. PLEASE REFERENCE RESPONSE IN PARAGRAPH 6ABOVE. Garfield Countv reoulations orovide: Respoase The flexibility of the PUD design process is used to ctuster home site locations, to increase the amount of quality open spa@, to provkle higher densities of development within identified urban areas of influenoe, to provide a cnBative and imaqlnative deiqn fior devetooment than qenerallv oossable under conventional zonino and subdivbion rcqulations. lt is intehded that puDrs shall be Dlanned to lrcurc oeneral confiormitv. both in substancer and bcauon. wi0r Ur" oo"b and obhctiYoc of Ore nr*tedconrprulremlve olan Orrcuoh intcorated dweloonrent" RPUD.l04.L.Sec lV Cqnp plan Conrpliance.doc 1U4/,2006/ a variety of housing types and to provide traits and public access to the colorado River for the generat wetfare of the community. Desiqn Obiectives of the Proposed PUD. Design objectives were established for the proposed PUD to complv with zoninq requlation pumoses and to and that the uniqueness and environmental qualities of the property were protected. Sensitivity to the goals of the Comprehensive Plan 2000 (Area 2) on issues of housing, transportation, recreation and open spa@, agriculture, water and sewer services, natural environment and influence of urban areas helped define decisions that resulted in the design of the proposed planned unit devetopment. Specific objectives were: 1. Protect Bio Game Habitat The subdivision Open Space adjoins lands considered to be winter range for big game. The dry steep hillside areas south of C.R. 335 have juniper and sage on the hillside and Gambel oak, Utah serviceberry, elm, coftonwood, rabbitbrush and other plants suitable for brourse growing in the drainages. The PUD design increases the buffer between big game habitat and the residentialsites in the puD. 2. Prctect Riparian Habitat Areas along the Colorado River and Garfield Creek are habitat for beaver, ducks, geese and other smafl wildlife. The pUD design and proposed covenants will better protect these areas by establishing the land as "open Space" and removing it ftom individual ovvnership. The open spaoe will be dedicated to the Homeowners Association with the requirement that invasive plant species, such as Tamarac, must be controlled. A trail system is proposed to parallel the riparian open spaoe areas along Garfietd Creek and the Colorado River but witl be set bad< away ftom the banks so the impact on the riparian habitat and wildlife will be minimized. Fishing access will continue to be permitted. RPUD.104.L.Sec tV Cornp ptan Comptiane.doc 94 1U4rzJ,J,j Protect Natural Veoetation. rne design of the PUD leaves the naturat vegetation along the steep hillside and in the riparian areas along Garfield Creek and the Golorado River undisturbed. Provisions in the protective Covenants will require that the Homeowners Association must control invasive plant species and noxious weeds. ln addition, the Homeowners Association may reduce the risk of wildfire by removing dead trees and other fuel from the riparian areas as required. ilinimize lmpact on Aqriculhrre. rne design objective complies with the goal of the Comprehensive Ptan "to ensure that existing agricultural uses are not advercely impacted by development-".. The design of the PUD provides an open spa@ buffer to the 20-acre +/- A/R/RD Brannon subdivision exemption parcel that has been used for catfle grazing. The puD and the Brannon SuMivision exemption paroel are also separated by Garfield Greek, a geologic banier. 5. iiinimize lmpact On Tlro Adiacent Properties. The design provides open spaoe buffers between the PUD single-family home sites and the two adjacent single-family residential subdivision exemption properties. (JACE - 2.O1acres and Collins - 2.66 acres) 6. lmprove Visual lmpact ln the Colorado Rirer Corridor. The design is sensitive to visual impacts along the lnterstate 70 / Colorado River conidor. By using a cluster design, open space has been increased to 670/o of the pUD arca and all home sites have been reduoed in size and located further aw€ry from the river. Open Space will be dedicated to the Homeowners Association and will not be developed. 7' taintain lnioation Use of the toore Dibh. The cluster design considers and provides for continued inigation of open spa@ and amenity areas that have been historically inigated with water from the Moore Ditch. Water RPUD.lg.L.S€c MComp ptan Comfliance.doc 95 1U4t,,0xJ6 infiltration from irigation would continue to be available to protect wells in the area. B. fne PUD design retained Paddle Wheel Lane and Whitewater Lane as the primary access points to the subdivision. The historic ac@ss road on the west end of the property is also retained for limited access to the Open Space tract and to the proposed wastewater treatment facility. 9. f-ot sizes in the Preliminary Plan have been reduced from a minimum of trp-acres square feet'in the existino olat to an average of 12,000 square feet for a single-family residential lot. The reduction in the lot size increases the "common open space" that can be used by all residents of the community. The Preliminary Plan design provides quality hom+sites that comply with the Comprehensive Plan policies to promote a tttnge of lot sizes and diverce types of housing. to' School Bus Stops. Running tanes on C.R. 335 were constructed for school buses and other vehicles as a requirement of approvat of the existing subdivision- The requirement insured school buses could safely load and unload students within the subdivision and then safely reenter traffic on C.R. 335- Three bus stop areas have been identified within the subdivision that are centrally located and are shown on the Preliminary Plan map. The proposed stops are located within reasonabte walking distanoe of the residences, as reoommended in the Comprehensive plan. 11' too-Year Flood Plain. The planning and design criteria for the preliminary Plan requires all building envelopes and facilities to be above the 100-year flood plain. The flood plain data used for designing the pUD is based upon Flood Plain Map c-1g preparcd for Garfield and Mesa counties. The RPUO.1O4.L.Sec MCornp ptan Compliane.doc 96 - 1U4t20o6 Preliminary Plan topographic map incorporates a resurvey of surface elevations made after the County approved the Floodplain Speciat Use permit and fill materialwas moved from the higher portions of the property and placed onto portions of lots that were within the 100-year flood plain. After fill material was used to raise the etevation of building envetopes in flood plain areas, a Professional Engineer licensed in the State of Cotorado, provided an as-built certification that the building envelopes for the platted Rapids on the Colorado Subdivision (3&Lots) were above the 100-year floodplain elevation (Reference Exhibit "21). A second certffication, by a Professional Engineer, licensed in the State of Cotorado, ertifies regarding the Preliminary Plan. tz. Road lmprovements. Ptan and Profile maps of roads within the pUD are attached as Exhibit 25 in Volume 2 of this application. The developer is advised that road impact fees may apply. ts. Wabr Svstem Extensions. Extensions of the existino public water system are to be designed, constructed and operated according to State standards. A non-potable system will be installed to each lot to provide pressurized amenity inigation waterfrom the Moore Ditch. Mountain Cross Engineering has designed the water line locations for the additional units. (Reference Exhibit 25). te. Housins Goals. The "HOUSING GOALS", specified in the Comprehensive Plan of 2000 - Garfield County, were considered in depth in the planning and design of the proposed PUD. The goal of the applicant is to provide housing of diverse types at a wide range of affordabitity. RPUD.104.L.Sec lV Gornp plan Compliance.doc 97 ,ncome. The Gross Median lncome information for Garfietd County is subject to significant differences between "up valley" and .down vafley" variances in wages and housing costs. The applicants have had analysis prepared that indicate the appraised prices for the houses will be in the "mid-range" of the local market. The density of the subdivision is limited to one unit per acre by the urban sphere of tnfluence that in tum affec.ts density, costs and marketability. o Goal: "Desianate oronrffr favorabte zones adiacent tor communitl limits are encouraoed." The comprehensive plan includes a map entitled prcmsa Ura Use OtsnAs. g counfu. co". The map identifies the property, requested to be rezoned, as Casflel. The property, proposed for re-rezoning to pUD, is in the zone designated for grorth and is within he rwo-Mile spherc of hnuen New castle. . The New casfle comprehensive plan "zones" the property 1. The property is approximately one mile from Nerr casfle, one of the fastest growing towns in Garfield County. 2- The proposed density of one unit per acre and use for single-family residential is compatible with the Mountain Shadorvs subdivision and Aoole Tree Park located one.half mile to the east of the site. The PUD is proposed for single-family residential use. The proposed use is compatible with sinqte-famitv use of adjacent RPUD.l04.L.SecMCornpplanConplhne.doc 98 1U4l2m6 neiqhbors. The preliminary plan design provides a buffer between the PUD's single.famiry residences and the adjacent properties. 3. The proposed use of the site is for singte-family residences. The homes will be priced so that peopre in the area can afford them. The use is compatible with other existing subdivisions in the area and complies with the comprehensive pran objec.tive that 4' The commerciaUgeneral subdivisions located across the river from the proposed PUD are compatible with residential use in the pUD because they are separated by the river, utilize different ac@ss roads, are not very visibre from one propeo to the other and the uses do not conflict with each other. 5' The Riverside Park Subdivision, a @mmercial subdivision on C.R. 335, is located 2.2 miles to the east of the pUD, in New casfle. The subdivision incrudes Mr. T's, Trus-Fab, Aqua-Tec and other suppry businesses that will benefit from construction and service requirements of the proposed puD. The service businesses are compatible in use and location of the proposed puD and will mutually benefit each other. o The mix of housing is ptanned as follorrs: 1. Larger homes are to be constructed on rots near the river. 2- Homes to be located on lots that adjoin open space tracts may be smaller and less expensive than those with Colorado Riverfrontage. 3. o RPUD.1O4.LSec M Corp p[rn Compfnnce.doc - 99 1U4ttao,F , Objectives of the proposed cluster development were established to create benefits to the general welfare of the community. The benefits arc noted in Section I of the Apolication. Goal: To provide all tvpes of housinq that ensures current and future residents eouitable housino opportunities. which are desioned to provide safe. efficient residential structurcs that are compatible with and that protect the nafural environment Homes to be built in the PUD are a mix of housing types and values, as recommended in the Comprehensive Plan 2000. The design of the subdivision was based on many factors including those that relate to the environment, safety and affordability. (Ref. Sections t, ll and tll of the Application for Zone District Amendment and Application Subdivision Preliminary Plan). ts. Wastewater Tleatment Facility (WWTFI. An onsite Wastewater Treatment Facility capable of serving the PUD will be designed constructed and operated according to State standards. The utilization of a wastewater treatrnent facility witl alleviate thirty-three separate ISDS systems approved in the existing subd ivision, therebv im proving water o ual itv. to. Provide Recreational Amenities Within the Develooment Open spaoe lands (65.67o of the proiect) will be dedicated to the Rapids on the Colorado Homeownerc Association. An amenity pond has been constructed in the park area and a tot lof, a sporb field, basketball court and a uriver trail' will be constructed. Fishing and hiking acoess is availabte to the pubtic. Ulilitv Zone District. A separate Utility Zone District with its own performance standards is specified within this application. The standards address the issue of how the common water and wastewater facilities will be controlled or govemed by the existing Rapids on the Colorado Homeowners Association. RPUD.104.L.Sec M Comp Plan Conrpliane.doc 100 1U4l2000 Proposed Development Plan Reference Sections l, ll and lll. The following table summarizes the Rapids on the Colorado Planned Unit Development Land Use: LAND USE SUMIUARY Lots Acres Percentage Cluster Low Densitv Sinole-Familv District Open Space District Utility Zone District Waste Water Treatment Facilitv Tank Site. Pump House & Well (Pump House 30 Ft Width By 50 Ft Depth) Rapids No. 2 Well (Site: 20 Ft Width By 20 Ft Depth) Future Water Welt Sites - Ten (Each Site 20 Ft Wide by 2O Ft Depth) New and Existins Roads Totat 1O4 28.746 23.6620/o 79.747 65.il2% 1.293 1.0640/o Acre 1.038 0.051 0.002 0.025 11.702 9.6320/o ]21a9g 100-00% Proposed Uses The uses proposed in the Application Zone Distric't Amendment are as follows: 4.08.03 PUD Tvpe of Uses Uses to be allowed within the PUD are as follows: 1. Gluster Low Densitv Sinqle-Familv District- SECTION ll Page 17 2. Open Space District - SECTION ll Page 18 3. Utilitv District - SECTION ll Page 19 4. Roads -Exhibit 2 - Preliminary Plan Map; Plan and Profiles - Ex. 25 Facilitv Gonstruction and Operation The applicant will be responsible for construction or installation of the folloring facilities and the Homeowners Association will be responsible for their ongoing maintenance and repair as noted: l0lRPUD.1O4.L.Sec !V Cunp Plan Conpfiance.doc lmorovement Existinq lntemal Roads Additional lntemal Roads Existinq Water Svstem Water Line Extension Non-Potable Water System lntemalTrails Wastewater Treatment Facility Park Facili$/Open Space Natunal Gas, Telephone, Elect. Recreational Facilities Standard County/PUD Plan County/PUD Plan State and Coun$ State and County Engineer Design 5 Ft Wid€/6' Gravel State Standard Engineer Design Utility Co. Design Engineer Design llaintenance Homeowners Assn Homeowners Assn Homeowners Assn Homeownerc Assn Homeourners Assn Homeoumers Assn Homeowners Assn Homeorners Assn Utili$ Company Homeovners Assn. lnstallation Completed Applicant Completed Applicant 40% Complete Applicant Applicant Applicant 85% Gomplete 20% Complete RPUD.104.L.S€c lV Cornp Plan Compftance.doc t02 OF COMMUNITY General Welfare. The proposed Planned Unit Development zoning alows a cluster design to be used to retain a rural character in the community. The cluster design provides a large amount of open space with trails along the river for public use' The cluster design also provides numerous benefits to the oeneral welfare of flre communitv some of which are listed below: o open space. The puD design will increase the common open space from 18% in the existing subdivision to 65.60lo in the proposed planned Unit Development. o Population Growth. The homes to be constructed in the proposed PUD will herp meet demand for housing to support energy devetopment in Garfierd county. rt has previousry been detennined that subdivision of the property would be in the best interest of the health, safety, morals, convenien@, order, prosperity and wetfare of the citizens of Garfield County. o River Frontase Access To public. Approval of the pUD would provide the public with valuabte recreationat access to approximatelv o Diverce Housino Tvpes. The proposed pUD provides diverse housing types at a time when a in Garfield County due to an increase in energy development. o water Qualitv. Approvar of the pUD apprication wourd improve water qualitv by eliminating 33 septic systems and providing cenhal wastewater treatment in their place. RPUD.104.L.Soc M Conp ptan @rnptiance.doc 103 New Gastle Gomprehensive Plan. Provisions of the Memorandum of Understanding with the Town of New Castle, provides the following community benefits: r' Densitv. Limits density to one single-family unit / one acre in conformance with the Town of New Castle Comprehensive Plan. Wildlife Habitat. Provides a buffer to wildlife habitat on the open space tract located south of C.R. 335 and west of C.R. 312 (Reference Exhibit "31. Public Access. Provides a parking area and access conidorc for public use of trails along the Colorado River. Encouraqe Grourffr. The proposed PUD is in compliance with the Comprehensive Plan 2000 objective to encouraqe qrowth near existinq urban areas. tlunicipal Gomprehensive Plan. The PUD conforms to the Town of New Castle's Comprehensive Plan. (Reference Exhibit 6). Existinq Subdivision. The property is an existinq platted single-family subdivision with infrastructure in place. Density increase would reduce develooment sorawl by increasing density within an existing subdivision near an existing community. e Cluster Development. The cluster development design, of the proposed PUD, incorporates ooals and obiectives of the Gomorehensive Plan 2000 regarding housing, transportation, recreation, open space, trails, agriculture, water servi@, sewer servi@, natural environment and urban areas of influence. o Public Safetv and Welfare. Public safety, health and urelfare of County residents has been addressed in the following professionalstudies: { Lincoln-Devorc - Geologic, Sub-Surface Soils and Radioactive Analysis, r' WriohtWater Enoineerc Water Study for Support of Augmentation Plan Application Raoids on the Colorudo Water Suoplv Analvsis. RPUD.'I U.L.Sec lV Canp Plan Compliance-doc IM Analvsis confirms that the existing water system is adequate for the proposed Planned Unit Development. / District Gourt - water Division 5- Approved a Decree in case w-3262 Plan of Auqmentation for up to 9700 residentiar units, including the Rapids on the colorado property. Reference wright Water Engineers above. r' Kimtev-Horn and Associates - Traffic lmpact study, lnterstate 70 Exit 105, county Road 335 and lntemat Rapids on the Gotorado Roads. / Hepworth-Pawlak - soils and foundation report for waste water Treatment Facility site Application; Performed tests for the proposed wastewater treatment facility foundation. And reported no groundwater (in wet year). { Enartech. lnc. - Flood Plain Analysis, site Grading plan and certification that Building Envelopes for specific lots were effectively removed from the 10O-year flood plain. r' Mountain Cross Enqineerino - Prepared Drainage Study and Drainage Design for proposed Planned Unit Development. r' tountain Grcss Enoineerinq - Prepared Trafftc Study of pUD and existing traffic on c.R. 335. Report indicates c.R. 33s woutd be at 77o capacitv to the west of the PUD and 357o of capacity east of Apple Tree. r' tountain cross Enqineerins - Designed additionar subdivision roads and prepared road profiles for submittal with the preliminary Plan. Prepared water tine plan and sanitary sewer line plan. r' Richard Holsan survevino - set Property oomers for the ptafted subdivision and prepared topography maps after fill pracement and compaction authorized by BOCG Resolution gT-2O. r' Enartech. lnc. Designed existing 33-lot subdivision, water system and supervised construction RPUD.1O4.L.S6c M Conp Phn Compliance.doc 105 1U1tzm6, r' BOCG and Planninq commission Aoproval. The Garfield county Board of county commissioners ("Bocc) and the Garfield County Planning Commission have previously determined that subdivision of the subject propefi for use as single-family home sites is in compliance with the Comprehensive Plan and "the proposed use is in the best interests of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield Countf. Summaru - Reasonable Relationshio to Wetfare of the Communitv, The Aoolication - Zone District Amendment and Subdivision Apotication - Pretiminarv plan provide numerous benefits that contribute to the general welfare of the community and comply with the Comprehensive Plan goals. Benefits of special importance, include: lncreases quality open space in the subdivision from 18% to 65.60lo. Provides housing to meet an existing housing shortage,; lmproves water quality by eliminating 33 septic systems; Protects wildlife habitat; Provides public parking and Colorado River frontage aocess and trails to 3,500 feet of river frontage; Provides growth in an area specified for growth as "Cluster Low Densitv Sinole Familv Residential at One Unit Per Acrd. in compliance with the o EI tr o tr o ln summarv. the many benefits noted above and in the Aoolications evidence the proDosed Planned Unit Development has a reasonabte retationship to the urcffare of the communitv. RPUD.1O4.LS€c lV Co.np Plan Compliance.doc 106 sEcTtoN tv c Comoliance With Comorehensive ptan 2000 Garfield Countv. Colorado Goals. Obiectives. Policies and Proqrams. The Applicant has provided responses to applicable Comprehensive Plan Goals, Objec,tives, Poticies and Programs to demonstrate that the proposed Zone District Amendment is in compliance with the Comprehensive ptan and bears a reasonable retationship to the welfare of the community. Cluster Low Densitv Sinsle-Familv Residential The Zone District Amendment Application requests the existing 97.269-acre Rapids on the Colorado subdivision and an adjacent 24.219-acre tract be rezoned from A/l and A/R/RD to planned Unit Development (PUD). ln addition, a Subdivision Application - Preliminary ptan is submifted requesting approval to subdivide the property into 121 sinqle.famity lots, one wastewater treatment site and 81.258 acres of open space and utilities. The proposed PUD density would be one unit per acre. The Garfield County Zoning Regulations state: "The overall residential density shal be no greater than t*o (2) dwellino units per qross acre *ithin the PUD, provided however, that the County Commissioners may allow an increase to a maximum of fifteen (15) dwelling units per gross acre. The proposed pUD is located in an area one mile west of New Castle that is classified in the Comprehensive Plans for Garfield County and the Town of New Castle as Urban Area of lnfluence - Two Mile RPUD.I O4.L.Soc M Comp plan Cornpliane.doc 107 1U4t2W6 Countv and Municipa! Land Use Policies. Section 10.1 Urban Area of lnfluence, defines the relationship between the County and Municipal land use policies and a specific policy addresses this issue Section 10.0 Comprehensive policies. Plan and policies. The Town of New Castle adopted the 1996 Communitv Plan Reooft. Nqw Casile for Futurc Land Use and Growth. The document included a map that was tifled &M/e Area Plan Town of New Castte and Garfietd Countv. Cotondo that identified proposed land uses for the area within three miles of the Town. The Comprehensive Plan 2000- Garfield County then incorporated the map. The Rapids on the Colorado is labeled as Cluster Low Density Residential (1 du/ac) for the area between the south river road, C.R. 335, and the Colorado River. The lands owned by the applicants south of the C.R. 335 were inconectly shown on the County Comprehensive Plan map as State tand. The Town and the Applicants addressed the issue in public meetinqs with the New Castle Planning Commission and the Torn Council. The Town and the Applicants entered into a Memorandum of Agreement that recognized the benefits of the proposed PUD plan and the Town agreed to 121 single'family residential units, as shown on the Sketch/Preliminary plan Map. ln the Memorandum of Agreement, the Town aqreed to recommend that the WWTF Site New Castle. The Applications comply with the density and land use requirements contained in the Torrn of New Castle Land Use Plan, and with other requirements Aoolication be aDproved and the Town to support the 121-unit PUD aoplacation. (Exhibit 3). . The Application Zone District Amendment is in comDtiance with the Comprehensive Plans of Garfield Countv and the Town of RPUD.104.L.Seo M Cqnp Plan Cornpiance.doc 108 1U41,2ffi contained in the Memorandum of Agreement. The process took sixteen months to reach the agreement with the Town of New Castte. The Apolication - Zone District Amendment P|JD has been shown to be in oeneral Health. Safetv and Welfare. Subdivision of the property has previoustv been found to be in general comptiance with the recommendations set forth in the Gomprehensive Plan (Resolution No. 96 -70). Subdivision of the property was determined to be in the best interest of the health, safetlr, morals, convenience, order, prospenty and welfare of the citizens of Garfield county. Plans of Garfield County and the Town of New Casfle RPUD.i04.L.Sec M Comp ptan Comptiance.doc 109 1Uu,.o/ln The Ra rds Table of Contents Volume 1 - Applications and 10 Exhibits Volume 2 - Exhibits I 1-25 Volume 3 - Atbchments On the Colorado RPUD.1(X.M.l-ldr.doc - t1O-1UM2006 The Rapids on the Colorado Exhibits Volume 1- Bxhibit 1-Section III. Comprehensive plan 20fl) Areas 2 & 3 Eilibit 2 - Preliminary Ptan Map (tf X f 7) Exhibit 3 -Town of New Castle Memorandum of Understanding Exhibit 4-Repids on the Colorado Existing Plat and B(rcC Resolutions 9G70 1p1llt7t46 Exhibit 5 - Map of 6As Built, Roads end Utitities Exhibit 6 - Garfield county comprehensive plan Map Land use Districb Erhibit 7 - Map - Current Tnningof the property Erhibit E-Vicinity Map Erhibit 9 - Ass€ssor's Map & Addresses of Adjacent Owners Exhibit 10 - Legal Description of Property Yolume2 Exhibit ll - Deeds, Easements" Bill of Sale, Memorandum of understanding Erhibit 12 - Ilced - Hilton Open Space Tract Erhibit 13 - Title Insumnce Commitment Exhibit 14 - Wright Water Engineers - Water Supply Analysls, Augmentation Phn, tilest Dlvide Contract, Permits, Pump Tests, State Approval of Design. Exhibit 15-Traflic Anatysis - county Road 335 - (Mountain cross Engineering) Exhibit 16 -Drainage Report and plan (Mountain Cross Engineering) Erhibit 17 -'Soils Hazard Map, Soil s Type Mep and Department of Agriculture Descriptions Exhibit 18 - Slope Ilazerd Mep Exhibit 19 - Goolog and Subsurface Soils (Lincotn-Devorc) Exhibit 20 - Maps - Elk and Mule Dcer Concentrations Erhibit 2l - Certilication for Phcement of Filt In Accordance With Floodplain Spociat Use pemi! Floodplain Special Use permig Ftoodptain Map C-lg Exhibit 22 - Protective Covenants Exhibit 23 - Rapids on the Colorado Homeownert Associetion Articles of Incorporation end By-Laws Exhibit 24 - Service Letterc- Utitity Companies Exhibit 25 - MaPs - Road Plan and Proliles (Eristing and Additionat); Existing and proposed Utility Line RPUD.'I O4.O.Table of ConbnB.doc tu1t2m6 Volume 3 - Attachments Attachment 1. - Traflic Impact Study - The Rapids on the Colorado. Attachment 2 -Site Location Application and Report - Addendum (Wasteweter Treatment Facility) Attachment 3 -Site Location Application and Report (Wasteweter Treatment Fecility Attachment 4-Public Water System - The Rapids on tnl Cobrado RPUD. 1 B.O.Table of Conbnts.doc tot4lLoM EXHIBIT 1 Gomprehensive Plan of 2000 Garfield Gountlr, Colorado Section llt - Goa}s, Obiective, policiea, plograms EXHIBIT 1 Bfilbit I page I ==E5=E- ; -EstE E= I:=IEH;;EE *nEEEEEE gre ==$*E33:=, E;iB=EiEEisggrgE= e lilffiffi[ mffinffimlE a*-ftr:I B: =<)<>\ !.-r{ci= +i5Ge\f <) ct)(kIq =>-al-- -l- )S.C-) Q_- ==tstPa Ai trE)o- c/ia..S iI ffi '-E Li' Exhibit I Page 2 EEi H* E:filbit I Page 9-frlfflle Area Pilar Tsuam of SJe'tet Colorado Wsf, TVPE t L___..- ! I+ :-;t! -J litli/,_i__ \ fli :"* _*+_I (.!l N ii+*i:i+,';i- ; I ;:1it:,:lr:,li.lii'i.r :: ::j',1...,, ,,, .-':"-;''t .+: : of lrf,uence t{.G. t-] AGRpULTTTRAL RESorrRcE El BTTREAU oF LAIul ucmr'rr E| cLUsrER LowDENsrrY REs T crusrER UED ENsrrY REs OOI'UERCIAI'NEIGHBR}D OOTiI/ hIDI,SIRIAL UD(ED I.ISE OPENSFACE EEN SPACEAffiI RES OPEN SPACE RURAL RES STATEU'II.DI-IFEAREA 3{lePht Boundary Tour Boudary o (u5o,5 1@r-EFr1 rlllles lGT GISrc til.E AREI HTil AOURGE i.3{frArE Phn lg.llqcartb Lilld lblln\(19). BISEIAP$UrcE f . ilcr Ca* U.SLG.S. l2l.@ 75 qndalgb n 2 GaliS Cotaty Rd E tsltp thpettmmrffi 0$q.a eaftts couf Blffip a ffif Dlp{fiEtr(hemq. L/lld IlIS.ti.rlDED AlISEr. S IEMDlFGt Ot eritu 3 Exhibit { Page' Com[renensiuo Plan o[ 2000 Gartield Gounty, Golorado $tudU [rea$ l-3 tGarlield County Section III Garfield Combrehensive Plan Goals. Obiectives. Policies and Prcersms provido tho bosis fu stbsequcnt Qioctivuc policr€s and prograos The odcr in ufti& gols uo statcd docs uot erggcst ay ruk c picity. Obtcdw An Qioctivu is a realistic 8nd achicvatilo statcocot of inteotio. It tA ott ufist is proposod to bo ampliSod and rdrc to a psrdculss issro within tho gcl strtomd.' An' gbjectivc dtho prcviosly **al bolsforg gcl nigbt bc "to povi&'thc mos to cocunago houshg thst is mccrecpmsivrtothoncdc of thc residcatE' Thcsc stEteoeats indicac smd cdcr stcpcnccdodto ffiy qrtthchorsftrg g6l wieot going so frr as to spri:ifytho actio.i ta&co" PoW A poticy ffiii thc basfu reo uAicn dcfiilGd docisiirns rinrst UoEiada Ii ir aprociso strtcmcat' of an aCio c gui&lino to be follourEd in crryiry oS 6o gcl c Qiocdrc. Fc cxuplg tho policy of elimina'' g praotioes that rsict hosing prodgi,o ruig[t bc ftlfitlcd by ?widing a grcatcr regc ofzming distric8 ud ld sizcs aedablo by ftmilics of dl inmo lcyolr.' Ihis policy, nsod cry frr o ormph, suggcsts spccific artior to bo t"lrcn withot dfiiliqg tho ."" ry* s&ps inrch,ld. Prqna A progro is tho btucgim to bo 6lloncd fu a ryccifia progru, ptm c prqioct htcodd to acomplish a particnlar polisy. To carryat policics, progranr nigbt be nd rfifot rccmncad chmges in zoohg and lmd ruo regulsdm& c sct ot rmmcndod dosign c' pcrformaaco staodrds" nogrms rofu mcc ryccific in thG&' intat ttFn tho smcam d gcls and objoctiw. ftcyrrycscatttomd dftect oc6od to €rry o, thc ooprchcasiru plan elemcnt to uihich 6cypcnain- AIthorg! timc tancs fu aompliSing tho . trAred progr@s hsvtbcca *Abli$o4 eo aEAd implcrnentatim of 6e pnogranr nsy bo costrainod by tbo followiqg; gv".ilablb sa6ng; ftmding fu ortsiab asSsmce od, policy INTRODACTION lhli Seaim cstatilishcs basis policy dircctio fa land usc in (hr6dd Comty, lhsd o is$cs ideatifio<l during carp ptascs of thc Coprchcosivc Plm Proocss. Issrcs idcatifid by Colory otrcials, rcsidcots and plaoniog stafi represeatod the first stagc ofpolicy frroulatio. After issucs EG idcotifiod, gols *ttc €stablish€d to addrcss theso issttc$ O@ives aro prcseqrci to guido tho achisvcmcat of shtcd gel* fcrllourcd ty propsts to a&isvc 6cso oqoctivrc. Policios sod Prograns rcprcseat thi implemcotatim o@p6cst of&c Ph. Ito cftoctiveaess oftbo policics thu follow ig dhocty depeadcat o qdating zmiag ad a$divisio rqulatios cmsisteot witt tho gcocral dfoocim dcscibod in cach socdo. Socio Itr is diyidGd irfio ttc ftUowing soctiog Citizco Involvtmcog IIolsIDg; Transpctado; Cmnerciat md Indrstrial Dovelopmcqg ' Rscrcatio ad OpGo Spaoci Agri<rlhrral UsB; Watcr od Scrwr Scrviccq Ndural Envirmmcag Natural Rcsore Bdracnim; tlbanArca of Influcaog lho Cmprthcasirc Pla Ifid t so lvfap; ud thc Eur&oneotal Cosraint lUrp. FON'{AT OBI$ otijeairres, poticics aod programs aro catablishd itr thb soctim as a'hicrurdy of statcorcots. gacU *lcodiug lsvcl b@mcs mcospocifio in iotcat Bdd lcss abstract ir &tcrprctadm. lbc sct ofrukiags to dcscribc 6bhicrrc&yisas&llotr!:l. Ciuls2. ObJdtY*3. Poltcb1 *ogwts G@ts A gosl ls c ststc@cot ofvohrcs desir*t bythc dtizc$ offficld Cotnty. Sine it is cilpesscd as aa idcal ft b dificolt tri obtaia Fa cxinplq a gol mielrt bo toprovido adoqruc i hqrsing fu dl rcaidcG" Ttis vuding is offcicatly hoad to campess alt sbcetesios dltaryh it dc not povi& fu thc mcthods to amptishtho gpat Ttcrcerq aU gcls Pago t l E filblt { diroctim by tho Bosrd of Conty Commissimcrs. 1.0 PWLTCPARTICIPATION. hrblic pcticipdim rtprescots thc lin& bdurcca tho decisim-making pnocess andthe cmmunity in nfrich thcc deisios asc mada lilumarors cmmcots dringtho Summcr Wct$qc of l99l r€fl€ct€d tho ncil to maiiilain md imporc thc iotrractim bcfirm lhc lmd uo procss ud thc pr,iblic. Spocific cocccns idcatified sincofro ta* Cmprchcady Plan upddo uo as &llwr: o Aoccssto rhc policy inti'^g proccss must bo opmdod to'cosro p$lip puticipdim frm thoso most a&ctoil by laod use docisimAo PtmingOmntssim mdQunty ommissio nocing ed p$tic.hcaringr fu majaprqioca shoild ocqrnear lto poposadproisq " o ltc uso of Citizca Advisry Cmnitlocs rc1recots m cffictivptool in dovrlqing 'ooilleorfls aod €nffiiEgthatralurruil iiercs . arc inchdoil in thc dcisio making'Droccssi;o Smctimca, CotDtycodcs aadrcgulatios ao dificult to udcrstan4 aod mty limit involvtacst h thc plaonhg p.o6to All oorutynUcploonlng cfforts mu*bo reryonsiw to 6c divcrsity auimgarb ucas iatcCornty. GOAL A, ,ntegrol porr or@ily lad usc plonlnfry b thi oplntanlfilor dtbas to bc lnwlycd h il phaw ofthcilutnWlnow, O&IECIIVES t.l To &vdop ud maintain a citizca iarlolvc@Got program lhst olcarp dcfines tho procoarcs by ufiich tho public cao bc involrrcd in lmd usc md pdioy docisios. 12 To casro did ltcro rrill bc cmtiouity of citizco inrrtfitcmot 13 To ca$rc thd citizcag haw apccss to infcrndio Sd coabtcs tho idcatificorim mdompr6codo ofissrcs. 1.4 To cnsncttd lho citia inrolvrocat progru mplics rrfib stattory rcq*cncm. 1.5 The Board of Ccnmty Cmmissioers, tho Plrnning Cmmissim and Plmning $afr shaild bc responsirc to issuca raisd in ttc planningporc. 1.6 To cosnc that all rqios ofthc Comty uo all,or€d cqual rcpreseotatio md particfuaio into tho plaoaing pro€s. l.l A citizco inrmlvcncat program will bo u mgoittg Poe&ro ftUgu'Ed bY &rfidd Cqrnty. The citizca involncodfogru rill inddc d tr minimrmrS i n Uic ndiricg ofallpropocoAplunhg activitieq oosistcat with stttry rcquir€offi; B. hftlicamtosllFflbdocumcats. ..mdmafiaialsrclaodtoprqcod ploning Ecdvi6c$ C. hrblicparticipotim wil bo caurragpd d pnblic mcctingl and hcaringr to reirp inpt o prqood planning. ..activiticsandisss. 12 lto cstablishmcot of Citizca Adviscy Comittccs will bo cooragodto provido reomucaddios od tccbaical. advioto6oContyomattcrsddd toCoprchcarivoPlao mcodmoB' anddcComtSmidcfuss lhc ncobcrshipg purprc eod fuBd oflhc Citizco Advfury Cmmitts arc ar bllow*A. Itomcubcr$ipoftbccc t' Comitta will bo basod o rmmca&tiogby6o Pl&nfug omnisdo, Ed foosotochnical copcrds. odmnrmityrprcccot8fim"B. ThoComtYrhrll6qr6{ls rmn-cadatims tnsdc by Citia Adviscy Conifocs. Bdthcrmmcadatios md- thcrcsporosshallbo DsintaindhrwiEcofuD d will bcmc port oflho prHic . rffid.C. Ttc(hrfiddCodyDlsmhg CmoissicgclhoBoudd CorutyConissiocrcwill initfufiq al s minirnum ofatrry ft,o(rlrml apililicpoe E 6lblt I Page 6 .:. .r. rR(rcnat6 to rcview tho Cmp,rehcnsivt Plm- As a rcsult ofthe Cmpr&eosivePhnrwiew 1noocss, armmcadaio vitlbonadoto&oCatry Cmnissimcrs as to tho ned toqdatolhoPlm. ltcCmprAcodrcUa rwicwuillbcm&rdodbya CidzcaAdvisayCmmitbo scloctdh mopcn,rrcll- publicizodnanncr. Cornty plonfu *afi vilf bo assignod to assist lho Cmmittoo uhcn noocssEy. lntbocmtlhcrwiow rmm:.cad*ios $rg&$tht thcCmpttcosiwPln shoildbcWdd a rwiso4 aod thls.rcqonrcaddioo ig sdoFfiodbyeo(Mdd Cody-PlmhgCmisOm, . aoyrovisios shs[bo dorclopcd cmsi*a vith tho Ppbtic Participotio Goab, Qiecdvc*PolHcgud. Pqrams oflho ado@d Cm@casfttoPtm. 1.1 Hanning sbfrvill cdinuo to moitc md evatudo ltc cffizca inrolvtmcot Gfrrts using antg,s' pcsoal omtac c dcr rcasm$lomochmisms. 12 AD cvrMio of6o currtat mfu d fnrblic hcorine/heaing nciciog shoild bo initiatat Spcific.acar ofmcera hdu& tho rcldmSb bcfura narrpqcrs tcd -65sChendng dcasiii€sintho Conty. Particulrmocm shdtld ccoicr m ams to mocting datcs ud tgcodat thmughout6oCotry. 13 PluningDermA pnoccArrcs rnd applicatio meids will bc rwic\r.od to cosrro ffi titizcar cm clcarly udcrstarl &c pooccs od adrinigtratim d Acportmcatat fimcilior. Ifnmsuy, a ps.&ci shcld bc dcndqod that dcscribcs PUD, $rbdivido udZoo 6e8e nryuhd,E shitlrl rc$foGocots sud adninisdvcprom. Al assessmeat ofpr$lic aoocssibility of planning materials shmld be om&rtod regulsrly. Suggcstod .tmgcs to Cotry odcs c rqulatios witl bo formalty rprisorl'ud evailablo fa usobylhoptbtb as quidrlyr possn[q h afgm thit irrndcrrhdehbb 6opublio.. 1.6 A rwisio of currtot ndchg rcqufo€nd fr spocific tlpcs of applicrtimr ge Disrid AmoodncaE, SLrP/CUPB. &.) vill bc m&rctodtyPlro&g etd, SpociE djoctivts oflhorwisios uc as &[bua:A. EosEolbdaqiaod1ropcrtyo*Er. mdmccraodcitizcosrcgirto . amplo rychmity to psrticip@ in. lodusdoddmqB. Ensrcthat&epar6clfdmUy Comtyresidcots oqsnrs 6lyin ec 4plicdioproe. ,EOASING tr*sl'E8 Issucs ideatificd ttroghqtrtho Cmprchcosirc Plaa Wclcshopc dir€ctly rdstod to borhg includotobllwing: o Afudability ofhosing ls nd curcq(ly arirailablo in soc perB of&o Colnty, Tritt' tho rucstcm pctio ofeo Cudy accomting fu oc dlto afrdablo "nttf Tho dceigq d.osity Ed sizo dqfidivirics mu* bc scasftiru to covimrdrl omshain8 and visral inpoctsuni$rob cacb pr,ojocq Ihc poliftratio of afidivisior has ba daractcrired by tto 6llorvin& 6o uec of ISD E/stcms mdindivi&nlvdtg dow build@ md dcsig! mpocote rquled by individnl dcrctrqcrs as oppooodto Comtyd€cicim n*cr$ D. E 1.4 l5 F. LO E 6iblt I Page 7 . Sp€cific issues relatod to housing pohcy are nd universally applicable to the cotire Cormty due to the diversity behryeea specific suboreas ofthe regim. GOAI^g flouslng thot caai8 no nto?c thoa 30% of glw aedbn laoru. Daslgndcenotw. Mb of houdng tyw wilhln a daclopaco b enoarqd Flrudtnsrsc lathcvahc {a honu by placbg ded rcsu'lr/dotts onthcdlb Thc chalbryc of 'tocP ofpaW sulryorl N b oddrwd. Dcslgndc Srovthtavonble ttaa adJacent b comaaally llntb uc cncoarugcd. Toprovile ollrypa othoulng thot cllrrl 6 amcat audfitutc rcrlfulcnu cqallablc houstttg oplntunillq vhlch on dalgacd a provldc sqIc, cl@rrt ratdctttlol sntatrcs tha orc compatlblc*lth ond thol protcct lhe notuml cnvbontru& OBJECIIVES 2.1 To coounagcadoquatg.intqratod hosing at a rcasmablo oostto rcsidcor trouglot Gar6ddCqlntY. 22 To eosns cmstrrtcti@ of qualityhoriag by cotinuod co&rment of 6o Comty's hrildhg oda 23 'Resldcntial dcvelopmcot shoild be designod and locdd to cosrc ompatibility wi6 cisting aad finre adjamt dcvelopmcat The Canty Saild coorago ttc dcvetqmeat of eaeqsl Gfficicat rlesiSF, inclrdingsdaraoocsE 22 Rcidcodd dwolpeat shoild respoct tho offnsl &aractcristics ofa partiailar sitc, inctudng topqgranhy, ragaadm,. wrtcr ftatrcq goolqgl md vinul rclatimships wilh arrormding lod uses md vierrsheds. 2.6 Tho Comty shold coadinatc €trorts witr thc Garfield Cornty Horing Anthority and respective muicipalities to foctcr regimal housing gols POLtrCIF.SI: 2.1 The CoDty, throrgb 6e dcvclqmcot of rqslstio$ $dl povi& ftr low aad modcratc inomc hatsing t)1lcs ty Etlwing fa mirrcd multi-ftmity and siaglefrnity horhg in apprqrioc uras fuughot 6c Ccntnty. 22 To inctudc ao osscsmcot oftho inpact of preseat md finre subdivisios in bd incorpcated aod uninoorpcatod pctior of tho Conty &niag tho sttbdivisim rwicwprc. 23 lvlnjc apoess lta},s, toeoefapm ftfiucq opco spaoc and othcr udcwlopod ludwill bc uscd to separatoresidcatial uscs A,m industrial md cmmcrcial ccot r& 2.4 Sotar aieatatio that allor: fubd passivr and acirc dcsigp wi[ bc strmgly eoounagod in thc dcsigDrcviewproccss aod will nd bc rcsricbd'ty protcd'rc covEoanEB. 2.5 Tho Gar6eld CqmtyZmingRcsdrlio will ad&cgs tho issuo of potdir[y eof,i!fug rrsrs witbin cacL.zming dcsignatio tha allorrr fu rcsidcntial aad no-rcsidcotial lend us. PROGRAITXS: TboComty, thrqr$ thcnso of its Geognphic Infantio S!Ec6 Ed ararilablc cnvirmmcotal sardica, sbdl idcati$ arcas of partiailr caviroomcatalscnsitivitlrcvi$al aod$dl develop ryocific pcrfcmooc standards to en$rc high qnlity, tmropristc rcsidatirl dwclqmcat in thc Comty. Arcas LI L4 25 E Olbtt { page E identified as having sev€re cmstraintsto dwelopaent shall remain undcvelqed- 2.3 Acmpcito map of *isting s$dirisios and existlng hrilddt vill bc tlcvol@ md updated regularty. Thcqdated mrys strould be inchdd in staff ommcots to thc Plaming Cmissio md Comty Cmnissiocts fu infumati@al prpcca" 2.4 Comty shffrvill pursrc tho dcrclpcot of wood hrning ryutafims as a pct of m wcrall rwisio of &c n$divisio rqutatms. 3.0 .TNANSPONTATION ISST ES Thc fo[oving issrcslttre idcotifio.l a"AgOo CmprcUcosi'rc Pto.pocess: o Evca following lhcproposod inporcmcats oacnding Am Basalt to Aspcq SH t2 vill ootinuc to opordc d rmaocoptablc lcvol$ , o Evso assumiqg.asigpificaot gti" iD industrial and ommcrcial cmplqucat oppctrmiEcs in GarficldConty; lrrgc numbcrs of Cotntylcsidcoa will omthrrc to bo emplryod W veUcy, firther afrecdng &oqridc; o Develqmcat in uninoorpaated reas of&o. Contyuitl mtinuc toplaoe dcmalrds m rodnqn hitidty dcsiSpd to carry trafrc rslatGd to agrioiltrat uses; o Laodusodocisioshavcplaced incmpotiblo tafrc mixcs (n Ermo r@drvalE, dtto to tho appr,oval of pqflcas placingreddcatial md ommmiaUindustrial trafrc o tbc suc transpam,o ocrirtcg rpithot appopriatc mldgsd,m. GOILST: Loo* at opproprlotc nob oad colhcarpohtt lorpubltc tanslnadon A ba synaa acndcd bqond GrcM Spdags should hc htlttdcd. Non roll rd/ fus unbbdon lalhls rcglor ottlc Cuay. Coung shoaldwo*wlth Rtlle a daclop a PatL-tt-Ritkficfby. Pruvlde pablb tralaff sqvlcrs ro ser,tolr' yorlth and rtnorilb. Ensarc lhot lhc Couatt teqrofidon !,,t,il b sotqladoael, aprryrfae$ dafgunO . handle eisdag aadlunm WEc lclels d lncluda opdonstotthc w otada aha lheln lhc stnglc-oet@ aflMllz OBIECITIIEI: 3.1 To. eocorrago tho dovctqmcot of a rqimal publiotraasit Ertco thd rcspocts eo ipteractio bchrtco cmcrging land uo pattcrm aod trawl bdavir in 6o Vdlcy. .32 Io.cooonage lbp. usc.of modg othctlha 3.3 Prqosod dcnrilopmcats will bc cvatued in tcrns ofthc abitityofCqntyrm& to adequatelry handlc thc traffic gcoerdod $lthcpopmt 3.4 Proposod dcvolopmcatr *Ut io"t rO. *oa designs thdwifl rcduoc advrrss impoctso adjaocat lmd uscs, rcAGct [strat tqp%reDhy md minimizo &iving hazrds. 3.5 Prqosod dcvelopmca6 vill prwi& a minirnunr nrubcr of acpcsg points o thr$ih strG€as and hig[way ocridm. .3.6 P.roposd concocial ud.inesEial develqment will dirtct trafrc to rodur5e capable ofhmdliag projccted traffc Soctios. 3.7 Stroet elct€nsios will bcrsquircdto oer in a logical Baoncr. ROLICXES: 3.1 Statrwill fqter a oqcrstirc rclsdo$b with citics, qrdics andtransitpovidcn in addressing reimal trmspqtadm b$cs. 32 Dwetopmcnts are crrcoragodto interdc bikqm)6, pcdcsriao circulatio pdcru and transit ancnitics into proicct dcs'g.. E driblt I Fage 9 3.3 the project rwiew prooess will includc a preliminary alxlesm€ot of the projecled trafEc impact associsted lvith.slt cmmcrcial and induslrial projeas ud resi&atial projects greatcr fian 50 &rclting Eits. 3.4 Gar6cld Cototy vi[ participoto and ooopcrco with rcgioal.ann sccil,ido tralrspaudmplaoning to casure a6 to dl availablcmodcs fu Comtyrcaidcats. 3.5 Thc Camty wi[ pursua' throtgh thc uso of Stxs lfiebulay ed Fderal fimding mcdmisms' bcdarclopmcat.ofryi@d' bicyclepoths withqn tho uso oftho 3.6 Derrclopmcat propocals will bo roquilGd to mitigptc trsffc impacts o Couty rmds fopcti@sl to.thc dcvclopmcatls omtrihilio tothcc inpacts" Mtigatio may inchrdcr hn nd bc linitd to thc bfloriling;A. PbyslcatrmdwaYimprovemeats;B. IatcrscctimimPrweocots;C. Transit amcoitics;D. Signagorequiicocots;E" Altcmatiwtraficf,ovdcsiens;F. FfmdiagmochanisntoimPlcmcat neoessarymitigtim- Conty rod occasios uill bo omhratodbasod m the foltoving criuir: B:dsting lood ttscs adjaceat to &oPoj'ocqB. fbturclanduscsboscdolAo Cmraco*ucPlanandtho Z&bgnryuUfiog D. Thcpccotiattrafrctobchandldby ecpropcod crd€osio- 3.8 Stafirwicwofpropcodommcrcial md in&rsilial dcvdopcot luiU.inch& r dctcroinatim of tho pdcotial inpods oftho projet m tho local transpatatim s!/tilco" Spocifc isstcs tobo ad&cssd inchdethc frllowiag:A. Trafrcgcocratedbasodm Instihrtc of.Trsffc rnginain! GIE)ratoci B:ristingtraffic 6mts G adjaocot rcdrra55; Tho appropriatcoess of popcodrelofofis D. Thecmpatibilitywithcxisting. aodfirturetrafrcoothe atrectedredwErs PROGRAI}IS: 3.1 Thc Ccnty, with thc use of its CspitBl Improvcmeots Progfam (CIP) ploning; shall id€stify oristing rcd ooditios aad shstl establish road standrrds amnoprioo er thc prqocad scalo of darc,lopcot 32 A project rervisw frrm will bc dsvelopod to allorvfrr a sitc speific, Gfficid&d etrcdirrc.procodrnc.fc.asscssing 6c.impac of cmmercisl industrirl aad rcsidcotisl dcvelopmeat m tho rcgioal traosPatatilm systcm. 3.3 Stafr, with thc ooopcratio oflhc Ptanaing :Cmmissio, local andrqioal govcrnmcatal agcacies aod aCitia Adviscy C@nitoe, sbsll &rclop a ContyWido Bicyclc Matlr Plaoto sssist in lmg-rango plmniqg cftrt& Deve[opcrs $all ansl)zc odsdng trail q/silcms thd suld.be.liDkd with.pqc,od.trsils within thcir dcvelopoco(s) md shall incapcatc thcsc studicswiftin PUD md/c srbdivlsio prqossls. 3.4 A Capitd tmputencaf Pnqgrtn, basGal o laod.usc.pattcrns.popcod in thc Cmprcheosivo Plao, shanld bc dclriolAod. ufiich idcatificsr,oArasn, ufricb pdcatielty corld ocpcrieae signifimt tra6c incrcascs in tho firhna mngadm nwyto addrcss thesc inpacts shctld d$ bc .summarizott 3.5 A tca (10) f,ear lvlasttr Plaa ofRmdntcy Improveocotg based m mticipotcd finding at tho lml, Statc aod Fodcral ls\rcfl sho{d bc develqd in ooopaatim rvi& 6c Rad aud kidgeDcparmd. 3.6 Plaoniog staf[ wie gui&ne fr,m thG Pl,m'ng Cmmissio, will investigetc mcthods of equitEbty asscssing prqeod dwclqmcots frr neocssag, r@dutry inpotmcots 3.? In aoopcradm with local gffiDncilts, tho Colaado Ocpartneot of Tlaospctcio od privatc transpctatio fovidcrs, GarEcld Cornty fill.pnruo.tbc dadptot d.a 3.7 B. c. E filblt 1 Pagp 10 Couaty-widc Transit Program to includc &c followhg cmpqrcatsi A. Fixcd-bosed.ransit.servicciB. Parlc-aod-Ridchogrm: C" Pdcotialrail scrvica 3.8 ,{ay dwelqmcot applicatim proposod wi6in ao rrtu ryhclo of influcaoc shdl GvaluatG thc'&asihiliry.of altcrndiw modcs of tmryruion, spocificalty nass"tramit 1.0 COTMERCALANDINDASTNAL usEs ISSITIES Issrs ialdifiod tbrutghofi lho Cmprtbcasirr Plan prooess inetrdcd the following: o Cmmctcialdmrclpohuninoapaatcd Garficld Cornty ha beco cLractcdzd ty strip dcwlopmcot l\maioal eleocats reldod to thcso patcstrs inchdc ft,ml puking; litlorcgand fu Podcmian aoooss pafr€rns md a wido vuiay ofnm- mplcoeatrYuscs; o Vchiculrdcocss'bascdoastriP devclopmcat poficrn, has bc€o chafaccrizcd' Uy multiplc &ivervays acccssiog naia artcrials c hightu,,8. Ttesc acccss pdcrns hinfu sooch amcsstqrcss.md cacoragc mpahg v&iculr aod podcsilrim' mowoeats; o Cmmqsialdcvclopmcd, in smo instanocs, hos mrnod with lifilc rqard fu omplcmcotary rigrsgc c dcsiSp, ufrich has creatodvisual impacs o adjamt lmd uscs ud aloinqir rtcaialsi o Adoquatoinfra*nuncrcqrireoeaEau oftco ndroquirod pria to prqioct approral a arc simplynd anilablc at a porticulr @ o Basodmthcnumbcrandsiaof mmcrdal rczming in thc Fall of l99l and ec Spring of 1992, orising zoning policics ned to bc rwisod to r€flcct cbmgcs in tmd uso pattcrns md Qfocivcs sinoc tto 19lt aningnryUd,os. GOAIS Create an Economlc.Des,elopment frognn Develop e qurllty scbool qrtcn frlttltr retrln'rnd rthrct profcadmrb. Enrurethet tnnrpontrdm modcl rnd n& rr:cdtrecdy.fiGd h .wtt. ttc .ffry.Gcoodc ccn&n IXrect lDdu!ffid Ocery) develogmentr to itG rlrportccDEr. .fuur.q long-rcrm.commcr.dd end lnd@ld dcvelopment et thc wcstGra rud tntcrclengp prrtr of thc Conty end Cmmulll* Commcrchb GrrGGld Coutywlll cDGoEnt! thc nctelflou rnd cryonrton of urtnhot, ylahlc rnd conpadblo cmmct&l dcvelopment capbb of pnwtdlrye rvldo vrrlety of goodr end rerdcct to rcrru ito of tLc Couuty. Industrla} Garfield ComtywltlcnGoungG . thc dcvelopment.of a .dtverdtrcd hdu.t{.l bese for the Cmnty nfrte.h rccogneoc ttc bumra rcr(nrq nrturel rcemrccr rld phyclcet locetlon-tomrr&ct celnbltrdcr of ttc communltyr end nfrlch lhrthcr rccogEhG..d eddrcrscr thc socrd end cnvlronmcntrl lmpactr of.lndurtrhl lrc* OB.TE|CTTVDTh 4.1 InwlvingtboEommicDcvdopoft Program: It must bo rcgimal in its approcb. Gcatc a celectivepocccs involving land arca andpospcctirc hrsinesscs. Geato a Plao with aVisio. Sell andmartct thcPlao wfthrhc cad rc$tt bcing jes and br( bosa Now Digbt be a good timc to approech baok$ Cosidcr ftsttck apprulal pro6 and othcr innovatirc apprcchcs to aommodato in&t!ilry. 4.2 Tocasrnotbatmmcrcialmd industrial develpcat aro mpetiblc with adjaocat land uscs and mitig$s inpscts idcotifid &ring thc plm revierrprom. Eocourago thc lutio of in&srid developmcnt in areas wtae visul 43 Exhiblt I Page ll noiser air qality and infrastrufirc impacts arero&rcsd. 4.4 Enccnrragothc locatim of commercial derrelopneat in appropriate artas that maximizcs cmvenieoce to Comty residcot* 4.5 . Ensursthe.ommcrciel.derclopmcat.is m&rcire to sa& aod e6cient trafrc flow, reduccs rrchicular movemenB and eoaoragps altcrnato transportad,m modes and&ouse ofmass tansit 4.6 . Eosurcthd.6c.tlpg.sizcmd.soqod in&rsnrial aod commercial dcvelopmcnt us msiseot wi6 thc lmgtcrm lmd usc oQiectives oftho Comty. 4.7 EosmothdZ@fognauUtms addressing Cmmcrcial.and.Industrial. uscsrcflectthechandng landuse psttesns md deoqgfaphics oflhc Cdtnty and coonagethe firtler divcrsificatim of tho Comtf s momy. 4.t E "* a ommcrcial and industrhl dorclqmeotpolicyth*is eaviromeatally sorad aod acccptablc to Contylesi@ts md policy makers ROLtrCXES: 4.1 Cmmcroisl dcvelopmeot will bc caooraged in reasuhcre odsdng infrastructuro (rvaE and nastcwatcr &cilities) uo 1n1tlV availabla 42 Conty zming"qutdos rya*ing hersrhl ud oommercial dwelqmeot will bc mpffilo ui& laad usc policics of adjamt jurisdictios a3 Lmdscrying aod soocohg will be re$ired to ad&css ryocific vislsl inpacts.of in&rsrhl ond mmcrcial dcvclopncne 4.4 Thcpnqfloctro,iewpoccss will include &c idcotific*im and mitiptim of hansportdio impacts rclstd to mmcrcial md in&sEial dcvclopaacot a.5 Zmiog rcguldios and a rwicwp,rooess will bcdffilqcd md eofrrcodthat rcognizo thcdiftrcas in sizc, soopg.and tlpoof cmmercisl and industrial dcrrelopmeof A hierarchical rwiew proccss will bc .d€vd@ $,hich r€sp€cts tbc.uique.laod use issues basod on the size and soopc ofthe project The Camtywitl rcquirc inpo.t mitigatim fa thesc projcctg whca appropriatc. 4.6 Comcrcial aod lrr&$trial.prdccts.eodng ooto SII &t will be required to providc tra$it omeaitics (hts trnofrs, transit stes, ctc") when pcrmancot traosit scrvioe boomcs available. Tho amcaitics wilt bo cocdinarod wi&.RFTA ed CDOT. PROGRAI}ffh Thc most practical implcmcotatim tool fu ttc gmls, oQiediw md policics dcscribod abwo is tho Comt/s ZqingRqulafiims. fhcprogrus oulined.bclorv.addncss.thc. stcps.md.todniErcs applicablo to this policy statcmcnt* 4.1 Zonlng Resoludo. A Rcvisod Zming Rcsolutio fa StudyArca I will bc draftd and adopted by Jaaury of 1996 to sd&tss .tho claoging land usc and Gommic.pottcrDg cmcrging in the Roaring Fclc Vdlcy. Thc prftnary dirccim ofthe Rccohtrio will bG basod m the following speific cri&ris: A. Cmpodbilitywith lml .politiaq Cmpotfritity witb adjaocat usos aDd finue landuscpancmsi Desiga stoadar& th"t casrrofu visual md envirumcatal inpacts of .cmmcrcial aod.indu*rial dcvelopmcot 66s 6inimirod; Infrastructuro neods fc speific rs aro cithor availablcacm bc providcdto .scrrc the.intGodGd ns: Ite rcvisod Codc witl indu& a rcfincmeot of speificuscs allorGd within cach cmmcrcial ud industrial zmfog dcsignatio &rt cooorago rdcrly, .cop*iblc.od attractiw dcvolqmeot within ttc Coroty; B. c. D. Efilblt I Page t: F. TherevisodCod€MU €ocorage conm€rcial developmcot.to locatc in.areas cmvenient to ocisting md firhnc resideotial areas to €ootrragg shatcr v6icular trips c altmnate trarsp6tad6 modcs. The foloving poinB addrcss ryocific additios est sholdba incltdd in lhcZoing Besohilim: Establi*rmenB ofDsdcns" the cmocpt of Cmncrcial md In&*rial Disticts is cmceptually introduced in Sectio II- . Bsckgrcnnd Infuocim. Bricfty s*od, ee eristiog zming applicablc to ommcrcial and in&rstrial -o.i"g (C/G, C/I rodA/D is vrry permissivu and givts lho CamtyBmd of Cooissimcrs, Ptaoning Cmnissim.aod.safi litle it my, discraioary orthaity rqarding spocific propcotl usesr incltding thdr soopct intcosity, cmpatibility r locatio of thcsc uscs. 'By defaing spocific disricts rolcedtothesc Lbcq thc Cqmty wutld havc sdditical arlhcity in tcrms of.thc.ttscs'tmcrmcG, impstr and ompatibility of ommcrsiEl md indutial uscs. . Lurdscaoinc and Scrccoins Roenrlatims. A landscaping aad smirig policy will bo dcwlqd by Cdnty.stafr aad will.addrc thc bUowing: Spccific land usos thd will bc a&ciod bytbcprWcottpolicy; Plat pslctlo mltscnepringguidatincs to bc cafred oosnstea$ W eG Coety; A mcthod requiriqg the dcvelpd, rwierw md inplcmcmrtio of laodscaping c soocoing roqutcoeots" Ttis shoild inchdo.6c requinanentsof sr& a plo md &c t' i"g d in*slldim rphming Transoatatio ImM Assmcot Prom. Apoocss willbo initiatcdto bcludc $aff rcuiew ofpropw{ of.popcod.mmdeial.md indusrrial dcvclopncat to dcterminc pdcotisl inpEca ofthc prdoa o tho chractcristics of thctranryctatio sJ/st@ Spccific isss tobc sddr€ssGd includc thc bllowing: A Traffic geoeratod based m Institro of Traffic Fngl'.eering (ITE) ntcs; B. Existingtrafrccqmtsoadjaceot rudways; C. Tte appropriatacss ofproposed aoocss ..poiDts; D. Thc ompatibilityvilh qi*hg rnd fitnc trafrc o ltc afbctodra&n;ts. Parkinc Resulatios. Parking rqulatios fu eeh dstlc.t wilt bc &nclqd thd inchr& m rpdaic d$o.nrmbcr of.d.sect.p{Ung requircd, l@ding and uloeding rqulatios, int€rnal circulatio standards md ryocific screaring u laodscaping rrqufocms applicaUo to poddng frcilitic. Sicn Requlati@. .Sign Codorogulatios will.bc develqod fu ea& disEict ad&csshg eo sia cofigrnatim, md loctio of sign. awiod with ommcrcial aad in&strial uscs. fhcso. regulatioos shoild be be uadcrmdablobythc public and cafqqblcbyCotdy Stafr, {2 Eoonomlc l)cvelopment PL! An Eammic Denclpcat nogrm Saild bo institrxd by GarEG[d Coutyto cacoragcod prmote tho divcrsific*io of thc local ccmmy. .Specific.actims.thst. should be instifirbd.as.pct ofthis Gftrt inchdothc 6llwing: , {c) Identficatonof oes hrtleCrnotlra . nrcst ordrctve toMtloml contnwctal od UAsmal &yebts* I&dffy twesoy ttfuuswe (nqtq, w*w, trw8wtd'ton) tnw tuessalt lo nryrt dewlopat bt qpopiac@teaa, Mloptutof.a Idustrfall@natseblRadnst PIaa Speific rcos thrt Saildbo ad&cssod includom Gva&ratim ofl@l resorrc bascs, ryocific dcnrcIqincot pdcatid of rypqriAe srbsa+ m attcos.to.build .msconrs.ryrding spcific in&xtrics tobo maCod and thc spocific jd drillc rcqufucd fu appnqriate infucics. (A) (B) B. E Glblt I Page i3 (D) (E) Errowage tle ossistarce od $pprt d local leding irctilrrbtu- Arcas of oooperatim inclu& fte.nood.to fun low-interest ventne capiAl pols to compleaeot and extend the inveshcat fimd$ grana and dhcr sqtrroes. Develop a l,Iotcttng PIan Folloring thc idcotificatim.of appopiatc io&$rial and mmcrcial geannftics, a log:term, mgofoE nartaing plao shouldtc cstsblishd inchrding brochurcs and omtari lists Area Chambcr ofCmmerco aod City statrpdcotially cmld.assist.in ltc cfrrt S.O. RECREATIONANI'OPFT{SPACE. tr*ilrul Prinary issues mooming rccreotio aod opca qpoce ideotified drning thc Cmprehensivo Plm proccss includd thc fo[oviog:' o fhc rural natrne of Garfield Cqrnty, u/hich has mainainod impcht visud qridors in mundcrdqod statc, is trmsitioing to mac intcasivc laod uscs; o Visral ccridcs offrticular impctane neod to bc idcotifiGd aod policies t8il6d to €sch6rida; o Comtypolicyrqardingtrail syst€rirshqild refloct rcgimal gcls andbc cosisteot and omplcmeatry with othcr juridictioal cftrts; o Comtypolicicsnedtobedefinodrcgarding specific direcim addrcssing rivcr and publioland accs; o ?niag,&rbdivisim andPuDrqulatios mu$ bc cmsistcot wi& geocral Contyqco spoco and rccreatimal objodivcs. SOAL Interconnod tdl systcn though thc otnty witk connttilb Efrcnd fi2il ryltcn along rirrcr conridor* Obtain rishtl-ol-vay and adfucs prtvate lud issrcs LooL to thc conmunlrla b b tlc ccrrrattot commualty acrfr.lg wllh Coanty guldonca Thc Coantyvllltoo*vilh thc Conmufib u dcvdop a Colorudo Rtvcr plufor tallt ond Orcc1do* Dacndnc thc oppropddc ldm tu rb Fe Grwn&. Garttcltt Couruy should ptovlde adcqtu nseododol oporfrtnilta{o, Coanq.r.cslM, crrsunc acccrc ro publb landt crinslgcnlvlu BI"LI/IISfS pofida andpttwrc dW teecdonol oplnnnlila ard hprrel ilfldorfut* .OBJEGIWES: . 5.1 trilsjr oonoems will bc noflsq ped&g. andamiUity. 52 'Conty/ Cmnruity intcractio" .53 Encouagethclocatioof.activp rccrcationsl oppctrnidca thc co amiblo to Couoty resid6t$ 5.3 Tho Comty-will srypat and cnoourago thc crcation of qca spooq ltro4b tc dcrrclqmcat and implemcotrtim of zmi,& subdivisim aod Pt D reulxio designod to $t8in and cnhane odsdng QCa sparuscs" 5.4 Aosstopubliclmdswi[boogodod .aad.maintainod. 55 Ra&ingaodfshingamwillbc strmgly cnoorsgGd &ring ec dcvelopmcat rwiewproe 5.6 Visud uridcs arcomsidcrod an impctant phlsrcal attrihrtc of thc Conty and.policies will rcfloct.ttc ned to carcfully plan thcsc qras" PIOLICIES: 5.1 Devclopments rh't propco dcositicr aborc oc (l) drelling uuit pcr acrc and qocd 50 drclling units will borcquircd toprovido adeqruto rocrcatianal oppatuitiss to rqrc Ethiblt I Pege t4 the resideots oftheproject Alternatiycs fu meeting this requiremeat \dll be d€fin€d in the Subdivisim Rqgutatims. 52 Inpctaat visnsl ccridm will bG id€otifid aod appropriate policics dsvclopd to address thc retainmcat of qco Waoc arcag that linlr ommunitics in the Comty. 53 If physical&.pmibler.nrbdivisios.md Pt Ds will bc caoorragc to design qca spacc ar€as to bome omtiguors wi& oristing andprqoscd opca spaccs adjamt to&eprojod 53 Cmsistcnt with.&c manrgerncot.QicCiw o,f either tho Burcau ofland }lanagcocat c the U.S. Fccst Scrvioe, derrelopnent Dodto public lmds vill ba cocorragd hrt not ryqrriro4 to provide public aooE s cascmcots withof thc uso of.oodcrnnntim,proocsscE 5.4 ryith &o oooperatim ofrhc Divisio of Witdli& dcndopracots propoeed h reas noc to strcauts criqs wi& rafting c fishing pdcothl Sqdd dodicatc easemeab fu public amtothesc ceas" 5.5 In adcr to eomragc public acoess to rirrcrq streoms aad p$lic land* thc Comty wi[ b; rceptircto inacotivcq omsisteat with aD overall fogn!tr sppsot ed by the'Bord of Comty C@missimcrs, fc dcvclopmca8 that prqco prblio.arc.tortec amcaitics. PROGRA}III! 5.1 All arccoorrsgedtopnwidc rccrcatimal ucnitics rvilhin.pqcd dmlopmcots" The comtyshurld impco iB rcquir€acot of a dodicatim ofpdl hod a &ob licu ofascmtaiaed in &i Snbdivisio nauUd,ms ia odcr to rcserve ntmcicot prk laod to ammodatc &c recreatioalnoods.of .tharesiden8.xfr ich-.thc devclopmdwillhqrsa 52 Comty ptaoniag stafrwill idcntigi and mapimpcffi vi$al amidas in.6o.Counry aad dadq seperato polides aud prognns that cocunago tho rctcotio of opca smco thst linln mmunitfos Dqlulqirs sfidl dovolop and adop $trcicat stanaaras f: A- Sctbackstm ridgedmessto castrrc tfust sky-tining does nd o@r; B. Building envelopc designatims that preserve visnl oaridrs; aud C. Enviromeatallpsensitivo c clnstcrcd dcvelqmcal 52 The Subdivisio ed Pt D rqulstios wi[ be refind to inchrdopolicicsthat cooorrago omtiguors op€o spasuscsb Thcscpolfo:ics will bo fumulstd st thc timo thc Subdivisio R4rrldims rc rwisod. Alt ..dw.clopaddcnrilqmcoa.$dl.sostyu oristing op€a spaces adjsmttofi*r proposod developmcats, both putilic md privltq and $all omtiguityorf thcse spaoes witt prqosod opca ryaoito bc.c@tainod in.tbc devclopmcnr - 5.3 PlasniEg $aq, i! ooAcradm wi& tto' Planning and Zoaing Cmnissim, vill,f*rq opios rcgarding ftasiblc md lqat altcraatives to acquirc opca spae aod. rcscdi@alcascoeats. Basdm&o .optioos idcotifid by StaE thc ptaaninc . Cmmissio will makc a rocmmcodado to thc Bord of Comty Cmmissioets rcgarding pdcotisl altaaatirrcs. S0(r) OPEN SPACE AI\D TRAIIS Basd m public rukshops ud thc inidal crut of&e Garfield Conty Opca Spooo md Tlails Cmmittcg speific omocnr rqarding Oea _S_ryfu aod Trails ptanning in fu norfie Fat Vdlcyarc as follorrc: o ThUthcreientioofthcnnal lsodsmoof the Rmring Fort Vellcy is a critical tiro o resideats aad visitas; o Thc lcvcl of dcnlcl@cat in tho Va[cy tm .1991 .to.l.995.hgsrcatltod.io eG o,f histaicat ogricultral laod at a rdc deoanding inmcdiatc ado o trcprt oftho Coloty; r Wildlifchabiuisbcingnqgtivldy inpactod ele b grurr,tt pcs$rq - o Anypolicies regtrdiog opco spo6 aodEailg Dust rcspGct thopopcrtydgh ofled .olynq:r.in rtc hnty md num Dc tils m E 6iblt I PagB 15 GOAL 5.1(A) 5AA) s3(A) the cmcepts ofjustcompensatim and mutual b€ncfit fr laudomers, rcsidea8 and visitos ofthe Rmring Fck Vallcy. Wildlife Resouce Infamatio SJ *cn (WRIS) wiU bc requirodto trope mitigatimal tnealntns during the srbmittal ofproposod projcAs I\rlitigotimal mcasncs Sall inchdcthc foilouing:r) Fcocingmddogrestsicios cosistcntwith Doft rcmmcnddios;b) Avoidancc ofcritical pctios o,ftho propcrt5l, thlough tto useoftuilding cnvrlqo. restictimsac.lug devclopment omocptqc) coscrvatimcormffi. Thc Berd of Conty Cmmlssioers shall harctho arIhattyto appro\Ea rqiect proposcd mitigatio- 53(A) Garficld Comf5r, thloryh thc uso ofthc Opeo Spaoo aad Tfaib CmEi$cG, shsl darclq a Cmprcheosivc Tbsils phn for adopim by tho &rficld Cotry Planning Cmlnissim and ThcBord of. ComtyCmmissimers. Thofrlwing spocific eleoeots shslt bG a pct ofa proposod plaaa) Agcacralpolicystatcacat lnnrmarizing tho orsll' apgnoacU suppatcd bythe Cotnt5/;b) Aprqeod dcsfign guidclinc fE trEil dcvelopocat to sssfut theContyaod6o dcrrclopmcotmmunityh intogr*ing trail dwclmcat into thc lqg-mngc gro\ilt d thcconty;c) Amcthodotogyfrridcod$hg trail qridcs in tho Rmring FortVallcyt O A scrics offtmdingofliosO casre that psopcrty mDGJs aro adoquatcly mpcasdcd fa taits ds{dopod o privCIo prAGrtJ/;c) AC.;mprcheosircTrail!1ry, cmsisilcatwith6o mcthodolory adqtod to gui& lmg-rmgo trail dcvclopa in thc Rmring Fort Vallcy. 5.4(A) Thc Qpsa Spaoe udTlails Cmmitb shall prescottho Garfiold Ccnnty Planning Cmoissio aad thc To cosrno thd aisting agriorltnal uses arcnd advcrsdy iopoctd by dcvelqmcat appnuted by Garfield CqrDty; To cosrc ftf wildli& hrbiht is a ampocat of fre rwicw prorc aad reosmablo nitigcio Erea$r'cs !r'c impmod m prqioas 6C nqativcey impsct critical habitrB That 6e dcvelopmcot ofpassive and activc trails ia fioComtyshfild bc dctd@ in a ompreheasfirc fishio, omsistcot wi6 ctrorb by adBGGotjuridictios; agriculffial lmds and wildlifc habfiffi . full r€*oct propcrty right and &c mocpt ofjust cmpcasatio; 5.5(A) fhat iqng-rangeplmniog fu aogisitim a dcdicatim ofqco specc md trails shallnra poraltd to efusto &vclop ftnding sorGEB fuju$ c@p€osdio. BOIJCIES: 5;1(A) All prolocs ryovod adjsmtro adsdng sgriculhral uscs shallbo rcquird to Eitigstc ary adrrcrso impaa* Thcscnitigatimal rncasrncs shsll iuchde s@cc all ofthc ft|lowing;(e) aperods0cbuftrhgof buitdingGowlqe &m cmBG propcrty bom&rics;(b) Thcusc ofopco spseto provftb additioal Unlrinrg;(o) Dogrcsilictiosrlnclrdiug limiting tho number of@t aod rcquiring keana;"g prior to isEranoo ofa Ccrtificdoof Omryaocy. 5.4(A) That dl lmg-rmgc plmning fa tho retcotim ofopca spaoe trail+ Dcrclqcrs p,qoeing prqiccts lodod ia areos dcfinod as critical habitet bytho ColcrdoDivisim of 5r(A) E 6iblt iEsei6- Boqrd of County C@missimers a docrmcat srmmarizing optios fu omparsating private prqpcrty o\rnc$r fc aoquiring op€o qpace and trails, cmsisteatrri& lmg-term plmning frr aoquisitio apndoctio" 5.5(A) fficld Cototy, thrqgh the nsc ofthc Opco Spooc and Tlails Co0ni6ee, SsU dwelop a Comprchcasivc Roaring Fort Vallery Qpcn Sp8oc Plan fc a@im ty &c Garfidd CcntyPlmning Cmmissim Dsd Boad of Cornty Cmmissimcr& Thc fo[owiag spociEc deocots Satl be a put ofa pqccd plalr: a) Agcacmlpolicysmcnm stmmuizing thc orrerall ryprocb nryportodbyec Cdffitt;b) Apnopocodmcftodologyfu idcafi&hglmdssitablctu protoaim c aquisitio fu opco sPaocprdcdio;c) Idcarifi*imofftcRaring,' PctY.allcy areas ryprqriata fo acquisitim cpdoctim msi*cotwith adotrd policics. 6.0 AGNCALTANB IS$T'ES Isqrcs idcodfiod thrqtghotr ltc Cmprcheosivc Plan proccss rclabdto agriculttrsl uses ioohrdc thofo[ovine; Ihc rollwcr dsgricultural hd into mcp intcosouscs i3 socol€rating in theComt5T; Itrstaical ryrieftral laods aro also theo lm& vhi& prcscat ttc least developmcot ooosilraints (goolqgy, topqgrryby, urtct availabitityl As thc rud ucas of&o Conty cotinuc to dcrdq, thc aood'to casu'c mpotibilityb6m thcserrcs md adircagriorlaral ledswilltuEod{rf A growing nrmbcr of traditioal agricultrral lmds m bo oqcctod to intcosity into agrictrthrat htsincsscs, ueich uay aftct Couty land usc policics dcsignod &r taditioal raacbin& grazing and cnop prodldim- GOALS| Considcr lhc usc olTranslcr of Dcvelopncat Xrgrrs Jolalormcn and ranchen togdhcc to dewtq a hnd usc ploalor ogrlcalnrc. Constdq land frus8 ond ansctrdon To cnsttrc tha dsttng ogrtatfrml us crlc allowod to'confrnac la opwdon and a nryotlbllily &slar ue oddiwdfuru polcar*lctc. OB.IECTTVES: 6.1 Eosrro thc cmpatibility ofdcwlpa prqocalswidl *f18 fums mdrocbcs. 62 En$rcfhd activc agricuhral ulFs a! htrered frm higfucr-inteosity adjamt uscr. 6.3 Devclopmcats a4iaccatto agricirlhnrlus sborld bc rwicurod in s manncr 6at allorw fc flcxibility in rcsolving mpotilrility mflict3wilh adjamtrs" PIOLICIES: 6.1 Agricultral land will bc prUoOd fim infringcocot and assciatod iopo.ts of highcr-inteosity.lmd uscs lhlorgfu thc establishmcat ofhftr arcas bdrycca thc agricultrrsl usc aod thc proposod 1noi!.t' 62 Dcasitics g€dcr lhan thc undcrlying 'dringwill bo dlsoonagod iftho prqoood dcvelopmcnt wqild a&temcfiy aec eo adjaccot agricultral qcratios. 6.3 Ctust€rod dcvelopmeat vill bc strmgly coooragod in arcas that preoot pdcotid inmpotib[ous" PROGIRAIIIS: 6.1 TbcZmiag Rcsoluim, $fidivisio od PIID R4ulatioos will bo ancodod to rcquirc a spccifically dGfincd buftr zmc bcura agricrrltrral lands andmqoin&asouc.s. Ir additim, tbe updatcd Rcgulatios will addres dqsity bcuscs to coqrrage tto rtlcntim of opor spooo. W 62 6.3 6A Adopt an apprqriateRisittoFum md Ran& Policv. Dwelop, distrihtc rndusca Rrnal Livinq [Iaodbo*: DcignatG hfiGr zmcs of at l€a$ 300 fG€t benm fumed/ranched lands md resid€otial lG ulcss a los$r amamt can'bo deomsratcd as apractical hrftr. 6.5 Rcquiro dcvelopcrs topcrfrtn a specific analyds ofpdcofisl inpo.ts to agricuhml laods and uscs, and to prqose oitigdim lnOA$rrGS. 6.6 RGquirG dsrctqcrstacvrr@cd to &aft a specific mitig$im plra to omsidcr and to adopt Practiccs u'hi6 eli-inrto thc ryread ofnoriors urccds, naioain odgdng inigatio ditcbes (wi& ryocificprovisios to 8s$re u,& is nd wastod c ilqpodod) ud inpco propctio*c oosts of maintcnmcc &Carcbaoctythc dcvelqer/dorrcdqmcat thisplan shall bc requircil ao lCcr lhen d thc srbdivisio *ags. Thisplan sbs[rGqufoG ipp*/ap,ovrl bytho afrcdeq cgrariao landown€(s). 6.7 Enoorragpfic darclqct c dorclopmcat to purchaso a omscrvrtio Gascnt, at fiir vzluq fim tho adjaocat agriorltrnal intcr,esg who can usothis buftr zmofrr agriqrlhralpnpe uftca inftasihlc b maiffiin r 3(X) fodbuffc fr@ ESriculhral land and uscs. 6.t RoquirG lhd ell Fhd Pls cr4r a plat noto thd ndifics proryoctivr ld orncrs.^h t Chr6cldCqmtyhls adodcd a Ricfitto Frm and Rmd Polisv. md thc oqics of this policy aro arailablc frm local land title ompeoics, 6.9 Roquirctho idcotificatio and thomappiag of fcdcrsl hsd grEziag pcrnits @LM aod/r rrsPs). 7.0 VATENANI' SEYE&. SERWCES ISSI'ES Issues ifutifrcd etring lhc C@pr€hensiyc Plmpro6 rdatGd bw and sswtr scrvis ars as follo*t: Thcproliferatio of LS.D.S. m indivi&ral sites shold be carefulty rericurcd in tctms of soil cmstraints and drainagc characteristics of cach sita Ifigb dcosity deudopcag dcfinod as aceoding mo (l)dwellingrmitpc oc (l) acra, shoildbe locatcd in r,casnhcrc ccatral swage trcahcat froililics rc cilhcr orreatlyavailablc, c fcasiHo in ttc firEG. GOALS' Provtdc adcgutc sc*rlcascl s@.fii. schools otd othcr publlc screr6. To cnwrc thc prwlston or tct$ dcpcndoWe, N cficdtc and cidnnffily oand sqct ondvoa scrfrcalot ncv dctclopncnl OBJEEIIYE& t 7.1 I Devetqmcatinarcaswithonodsdng,: mtral w&andswrscrvicouiUbc,. rcqufucd toprovidcadoqrccaod s.S. provisiosfcthescscrviocsbcfiro i"dGdapporal I 72 Devclopuart locatd a{iamtto muicipeliticc c smitrtio disils with availablc capacity in thcfo ocntral rvCcr/scwtr $6tcos will bc strmgly cocoragod to tio into thcsc syffit" Proleas pqcing the usc of Indivi&Dl Scwagc Diryml $rstclns (tS.D,&)'' wi[ bo rcgircd to assc tto sie rqebilitytomodofuo siEtcos pria torqaoct ryp8orlt Devetopmcot witl bc roquircd m mitig$o thc impoC ofthc propccd prqioCo Gtristinguaicr aud scwlf E/StGm$ (ffictd Corntyuill stumgp discomgc the paoUnrtim ofpitrc natcr aod sc\rcr s!,tilGm& Eghdcotity tlcrn{opocot, dGGnGd er cxccedhg oc (l) durclliag .qit pcr oo(l) acrq will bc rcquirGd to arscss to pdcotial of omccting hto cxistiqgqtral urc rDdsulr lbdlitics. 73 7.4 7.5 7.6 Exhlblt I Pago 18 7.1 72 7.3 PIOLICXES: All dcvelopmcnt propcals in rural areas withortorising oentral water and/or ssrcr sJrst€ms witl berequircd to show that legnl, adequdc, dependablc aod covirmmeotalty somdnater and sslvagp dispsal frcilities cmbc providod bcforc projcct approtml Whcnclogcal lqal and ocmmic ecdcosim of scrvioc lincs &m u existing r+atcr anda ssryagc sldco co ooqr, thc Comty wi[ rcquirc dovclqpncatadjomttocwi6ina' reasoablc dfutan&,to eatcr into&o appropriste agrecmcats to r*ivE scrvioa Tho hrdca ofproofrcgarding logrcal lqal and ocmmic oostaints witt bc m tho darclopcr. Tho Ooutywill rcquiro developcrs propcing LS.D.S. to providc dao tha dcm@strate to the Comty th* thc propccd sitG car scommodstc lhcsc sfacms pia topqiec amrot/al Whcro LS.D.S. is not feasiblq Chrficld Comtywill rcquire a sellagc disposal slstcm approvod by thc Statc of Col6ado. Itrgh dcnsity dcvelopmcat is msidcrod rrbm in nahrc and roryircs appropriate scrvioa ltrogh thc Zming R€sohtrio, Garfictd Cqmty vill strogly cooragc higb dcosity dcvelopmcat to locane in arcas ufrcrc those scrviocs arc avuilabla PROGRAIESE 7.1 AEghGnmdrvatcr/Sqticsyc@ Cmstaint ltfap, basod o prwiansty olloaod b&nical dstr, will bc dsvclopGd md appliod in ftcpr{cct revicw proes to easrc tbst rvatcr and $,rstc\mtcf systcms arc designod in a saft, cfiectiverDsoncr. Fc aneas ofthe Cornty lhat hanc nd boca mappd it shall bcincumbcnt upo thc &vclopcr to crelustG&G $rb,$r&oc ooditios and ftcir ability fu a@tut*y trcuhg rrussrmtcr th* worlld 6e gcocratcd by. thoprqioct 72 Modificatims totho Zming Resohtio will indudc an asscssmcat oflhc relationship bct\rrcn oristing catral nater and scw€r Enfiems and fifirre zone districtq partiorlrty as it rclatcs to dcosity definitims. 7.3 In ueas idcotified as having ssv'lsro msminB to lte use of LS-D.S., thc &velqcr shdl in$8ll eithcr etraliad lr"stc\rutcr treatncot hcilitics, c andher caginecred'lcsi8in approved by the Statc, 6 shdl leavcrhis lmd rndcvelopod. 7.4 . A Uratcr Cmstraints lrrap, bescd m tto oolloctim of geologicdm, willbo devclqcd md appliod to&cpr{oct reviow proccss to cosurcthd potablc watcr Entcms m dcsignod in ahcallty and sa&mmncr and thst u adogao &O IUTAML ENYINONMENT .IsSIIrlI Is$cs relatod to ths nafrnal coviromcat idcntifiod .during thc Cmprchcnsivr Plm proocsscs arcas fflous: r To[rism isanintqralcmpocatofttc ccmmy ofGarficld Cormty. Ttcrcfuc, it is essential that the planning proccss rcspG.i thc natural coviromcat th* brings rcsirhts and visitms to thc Contyi o Theocistinglv{aaagcocntDistridf,Iry, . dcsigncd to addrcss arcas ofminc, modcratq aad sevcre cnvinnmcotal cmstraint* docs nd allow fu spotific hazards to bG idcotificd od mftiged; o Protectio ofair aduntcr qustity$oild bo m cssatial mpmcot ofto Cmprdensirc Plao and $$ccqrrcot ameodmeats to the Zming Rcsolrtrio ad Subdivisio Rcglatios; Dwelopmcat shqild respoct thc natual omt(xrrl and &ainagepsttcrns o cact individual rqiGctsiq Impctant visual sridcs shqildba idcotifiGd aad ompanio dcsign guidclincs rqarding sigpage s€bsd$ htftr areas snd 7.4 7.5 E.l Iandscaping shqrld bc fcmally adoped aod enforced by &e ContY. GOALSI Thc cnhanemcnt olrlvct conldon Thc rcclsmdion of tand afia eador Prutcdon ol votrrrrhc4. orltd fuoQlol* Conml &alnagc thal lnPoc8 tlc Cottllrunttb Ga{tcld Coarty vtll cncoarugc a land t* pat era lhat rccognka lhc cnvltonncnlel scnstttvlty of thc lanL doa nd owtbunlcntb physfcd copacily olthe land and l, ln thc W ,n crcfi of thc heabh, saldy andwcfon of GarfleldWy. OBJDIETWES: Tho Comfyofcdrfidd res€rvcs tho right to dcay a.prqfuct besed m ssvet! covirumcnal o@straints ufiich eodaagcr public health, saft*y c welfue, proposod pojccts uill bo requirod to reoognizc the phfical featrres o,fthe land md dcsigp prqiocB in a mmncr thd b cmpatiblc with the phpical covinmmcat Garfidd Conty will casne that natrral Aahags eprotcctcd frm altcratio" Rivu firmts andriparim afeas uo ftagib ompmm of thc ec5ntcm md theso arcas rcquirc car€fuI rwicw in thoplaoning prorc. Dovelopmcat poposals will boroquircd' to ad&Gss soil omstsaints rmiqrroto6o prqeodsita Carfidd Curuty will eoslnc 6et nafirrat smicmd ccologicat rcsqnsss md cttrcal wildli& habirc aro pdGctcd. Dordopmcot will bo cooorraged in ucas with thc least covhmmcaal m"stmintsh ROLICIES: 8.1 Ctarfield Contyshsll dismnags md rescrvc thc rigfut to dcay dct dq,od in arcas idcntified as having sevcrrc eaviromcatal omsaaints srh as active lmdslide, dcbris floqr' uostBUG slopeg bcthoc& sliceq majr mud0otvs' radioactiw tailingp, slqcs ovtr Zi pcr,mt, riparim areas and urctlmds ud projcds prAosGd u,llhh thc f(X) frcr floodplsin 82 GarfioldCorntysbaUdisoorage developmcot propmls that rcquira orccssivr rregdtio remwal, qn md. fill reas c ottcr physical modificatios thstwill result in visual it4ndatio c prblio sa&tycmocrns. 83 Neral &ahasppdcrDswlllbo prcscnrcd so tho cumulgtirc imfct d public and pirratc hnd uso acivitics will ad carrc st6m draioagp aod . floodrvstcrpattcmstoqooodtbc capacity dnanral a constnrctod drainegc$ralrc, c to srtfoct other arrcas' toanincreasodpotcatidfadamagc ducto f,oodio& crcio c scdimeotatio c reqrlt in pollutio to strcams, rivcrs c dhcrnaturalbodicc of rvdcr. 8.4 Thc Comty will raquko dcvolopmcat with rivcr frmt88p to addrcss thc isslc thr$gh phyticat dcsilgp in a nry'that will prcocttagilc vu€ttm& aod sctoic rcsorroes andprotoct flo@laios tm caerochmcat t.5 Thc Comtywi[ disourage dcvolopncat in arcas uhcrc scrrer,c soil mstraints cunot bc adoquaidy Eitigetod- 8.6 fficfd Cdtotywi[ trdocr critical witdlifthabitatn#bymmd fodcralty prcocd thrcdcood c cndangcnod ryocics. Dcttclqma within thcsc dcsignatios&et cmdbc desigpc{ co$rudod and om&rcod sri asto havc aminimum sdvrrs.inpott rryo such habitst athcscwildlib speica, Sdl bc AsconagcA howvtr, it is the inteot ofthis polisy, thet no 82 8.3 8.4 r.5 8.7 E[raHt1F"gleru prirate landorrner lce the abilityto dcyelq his/her laod withos frir cmpcnsatim as a result of orraing significant wildtife habitar E.7. GarfictdContywitlroErirc dwelqmcot on laa& having modcrab c minc eavirmmcutal cmstraiots to mitigCe Phf,sical problcos sp6 as mina rod6[s, l7 to 24 pcrmt slqcq minc mrdfloun, potrotiat srbcidcaoq high u,aficr tableg slow peroldio, radimaivusoils mda urcirc md opensiwsoflls. PROGRAI}IS: l. GarfieldCuntywilloglacofiiosto intqrato aa cavirmmeatal rcfiorv . ploocss eat is scasitivpto dimiring lq,r{s oflstral osnaints thrurghot tho Comty. Pcrfamaace staodar& $dild bc darGlAd rtat eonrrc aAcqudc mifigld,m of idcotifid.mstrairc. IATAML NESOANCB WTNACNON ISTI'ES Primary iswcs omocruing naarral nesnrce Grdractim id€otifid &ring 6c Copr*cod'rc Plan proes iacludc thc follwing: Tho relatioship bcturcco prsyiqsty approted niniag qertios ud rcsidcatial dorrclqmoat has rc$ltcd in visul noisc aad trafrc oopatibility issrry Thc prqaty righE of trivste prqerty o$,ncrB must bc balaned witt thc rights of mincral lcsscc$ Ihc County mrr$ bo proeCiw in reacting to mrka omditios thst will impact tnc rcrU, loc*io and scalc ofminqal Gfitnacti@ wilhin thoCarutg Garfdd Coutyhas signifimt mincral rcscnrocs thd has, ud will omtinuc to havo, a omsidcraHc inpaC o &c eommic hcalrh ofthc CalDty. GartiewCounty rccognlzs thA anda Colorado law, thc surlacc aad mlactzl t rtrirrllc have certaln legal ilghfr andprbll4a, llcludlng the rlght to cfltad aad d*cbp th* ln er&. I\rtumorypdvote propaty ovncnt olso hsvc ccaoln lqol rtthtr .d pfivllega, tncludtng thc rtgW to hevc thc mlncrol qtau daclopettn e rcosoaeilc naanctandto havc advcncland tubry nt rged. OBIECTIVETT: 9.1 The Cumtywill roErirc adoq"rro mitigatim to addrcss impaCs ofnincral offi.ti@ o ptiran Iropcrty wDGrB, vihqrt rn&c h[|dco m tho l€sl rights ofmincrat lcsss. 92 ThcContythrorghthcimplcucotatim offrc Coprcheositu plm, Zmhg ed Specid UsePermit policics, will - sddrc$E funrc oopanibility iEqrcs u,ith currcat mini.g Acrdimg 93 TheComtywillcosrrothcmincal ortracim activitics will Dot adrrct$ty aftct thc nattrral covirmmcat, . including air gality, v& qrnlity, wildlife hsbitst c impctant-visd rrcs(x$oqs. PIOLICXES: GarEold Cornty, totho odeot lcgdty pmible, wi[ r€quilo ddG'I,'-to to addrcssthc inpocts of Einccat octractim o adjaocat landwncrs. Thcso mcasrcs mry includc 6c fo[owing: 1! I-sodscrphgmdscraingfD. Modifcatioofphasingr arcatobcEinoeC. Roodnnayinproveocats atrd signa$tD. Sa&andcfficicatsooEsg rqG;B. Drainsgoinpro\rGmatsto prdoct srr&€aod grundwatcr. Gar6dd County, in ecdbatim vilL relcnant spccid district$ aultoritics rod mmicipaliticg will rcquiro rrrt dcnclopcrs dcncrgt c mincrel 9.1 GOAL 92 Exhtblt I Paso 2{ ccfiacti@ projects finance the cm.structim and qcration of any prblic improremeots urtidt nov a in thc ftturc, will be required by their projccts Clarfield Cornty will require dwelqers of Eincral ocractim projeas to fticipdc iD md mtihrtc to rho fuodhg of fto Comt5ls moitcing d &c dcmogrsphis &'ngcs 0d' socioeommic inpacts associatod witt srce prqiects" Tho Bord ofcornty Cmnissiocrs sill msccc &o applicability ofthis policy o a casot5p casebasi& Dtlfi, es md fimcs shoildbo oootainod within thc orractim siic gcoceating nd cmissios and Sorld not n€ativGty aftct aoy srnomding lmdu*, :. Any prqosal rqrding nin€ll G'dractim rhd @nd Eitigab advcGo impocts may bo dcoied basod o a finding of inoopatibility, fu tho 6llowingreams: A- Adversetyafiediagthc fuirabilig of thc immodito ncigbborhood a tho cotirc mmunity; B. Impairing thc stahilitlrc vahro of existing aajemt paqertcs; C. a6tcrso[amcUngthoqualiay oflift ofodsring adjamt reddcooeq D. Showinga lac& ofqualityc finctiu lnopcratioal plmiqg and/c dedg$ 8.. Goatingap*ilicdogEc nuisme to surnomding aficas;F. Altcriqgthebosiccbaractcrof ad&ocot land uscs rtho eatirc mmtmity. PROGNA!il$ 9.1 ThcffiddContyToningRcsolutim will bo lcrvisod to rcfloct 6o C6lsr QicCirtc and Policics rqardhg riEsqrecrdrrctio. It is strggcctGd o$divisim 0anlqcrc 6tah dl s$$rfice dghts (BiDGral riibt) ass@i8tod lvith thc laod pqposod fu nrbdivisim prir b finrl Plat approtlal All mineral leases aad owncrls ofreoad ofthe plattod propcrty shall bc ideotified m the Final Ple PlsDning $afi, with thc coopaatim d 1[9 plrnnirrg Cmmls*,m, will rwisc the Spocial Use Permit proocss to rc,flect thc neod to cosrc cmpetibility of mincral odra.tim activitics wi& adjamt lmdrscs. ARBAN ANEA OT INrI,'Um{CE 92 9.3 to0 9.4 9.5 trlslrEs himary issucs id€otifiGd &ring eo C@pr€hcnsirc Plm poccss cm bc smmariad asfrllws: o Comtyland use dcisios, pertiorlrtytheo imndiardy adjamt to nunidpel bqndaricshare, h smccascs, crGatrd ompatibility prohlcos; Dtcto thcvidc lraricty oflrscs ByIUgh wilhinthc Count/s qs6 Zoning' Rcsohnio, plenning Ofr hrs no discretimary review arxhcity to prcr/at inmp*ibility sinratis.r with u adjac6 munioipality. GOAIS: An Inlcrgovcrnmcntol Agcctttcnt bapa Gay'leld Coanty aid thcyorloxis Conmunfr&l,. Sharc Eoad olCotnty Coauldfuna* ud Plaaatng Comnlslon nembcrx rtcr lrlrarew CutuylConntnltlt borlnrillrb,. Allwfor ammcnE on bqncA b cyaalf utfstdcthcorurus qhcn oflntbcw. Pronatc doclopmcnt h ond omurd &conmunltla. @anQfothabq / ttre ltffitusgctj| prrn qryrovels. Eold Planning Cotnmlfun ac-dry btbv6reuadottkcCu*y@. Ercurc thot dcvclopneat and oyadl lud tu pollcta oeurtng ln tlc Cung tlAffi efrA E o|btt 7 pagen o munlctpaltf a?c.corrq,odble vlth thc clJsdts' unlng andfuturu laad u* obJecfrta of thc approprlate nanlctpaltty. OBIBCIIYES: l0.l Prreseruatio ofairpgt rea fu ommcrcial md industsial sitcs. IOA Rctain nral charactc otsidc d mmuitylinits. 103 Enoryhlaadareawithinmmrmity limits to aemmodoe grmrtt er tie noC 2().yus wiftqt .uccotims. lOJ entytosdusopdicicswillbc omsisteat wi& local laod usc policics md QioCiws. 10.5 Devetropmcat eat roqdt€s urtosarie will bo camnagodto locatGin arcos rryh6 thes garis ur avaihbla 10.6 DarelqmeatinantltonArcaof Infhrcu,e will barc stnect petterns that arc ompdiblo with tho a&ctod muicfuelity. BOLICIFII: l0.l Cmpr€hcasircPlandqgandZping Rcsolutior,crisior, ZmcDi*ict - Amcadmcots aod itrdividual moiocts wi&in dcfinGdtlbsaArcas & - Inftrcnog will bo omsistd wie bcd municipal lud uso pdirics to2 transpctatim characteristics and inpr*frm the atrectcd jurisdictim- The effectod mrmicipality, pria to adoptim witl bc allou,cd torwicrytho Cmpreheasirc Plan, L@d Usc Ivhos and nr@ucat Zoning ncsotrtrios'eid Snbdivisim rcilisius t02 Prqioe.proposod adjamt to local muicipolitics tbd r€Eriro uft@ scrvis uillbo caoonqgcdto mcx into trc afocodnrisdidh" 103 Develqncat will bo opoclod to dcsigD a stsect sSctem ttt uill moct 6caedd nunicipalit5rs strlcct standards fu costructim and right-oGwry wide" IROGRA}I& l0.l In oopcratio witL local municipalitica, tho_m@casivc taad uso mat' will dcfino ro [frtaa ArGa oflnfluoae fu cadbjurfudicdo Thodcfiairiowillbc besod m top%raphy, growft pfficrn, E fiibtt I Fege Zg EXHIBIT 2 Preliminary plan Map EXHIB|T 2 E 6lbit 2 pagp I --- = Eliilo uilclllarooE D!ca. m & tmrl'& D ErD l ml GE E@a oPEr rloN' utllco@ EilE roc!3 tlr[t EouEa clr anll.uulom EG,;r c8E IrE t&ttm clt aIf llElc ErElErctac urt rErd[tr Gtrt an[l @ [t DC nrE Plrtr rt?(ErooEErr rEaf mrilo ollltr. nl[|.l Io [trulqrIrm+tr rla DGrttD 6' rDl.m !0 llr tot tuta ltrD td rDtrtl mplDDtr rEE trrt tuDa lttt rrrG t[! t tt r{c, crIC trrr, IT!tl^tl. Dot rctt 'l|D tat tD 0' lDllrll !o oElllY rorD uTOEI-O-IIL Oodqr. ond C'ry Alcolt WIII NffiTt lAfrE ag, g?l - Jltu lua ',!fiE{?J tt@rgrwfrulDrgl . .E!TW UW ag' 6rca* ..L rtg srryrr zur O.N e ,.@.e 06r.e dO@ e O.tC o. ,ott,,.8 e uru DBCnImd 121.100 AcE PMEa I tlrct og'Ilnd .ttuat6d tr th. st1r'as1/a lnd th. 511/lsEl/r o! S.ctlon 1 6nd th. Nll/lNtf/a o! g.ctlon:g l]I h fomshtP 6 South, unq.91 xdsl o! thG 6'i P.f,. brr.trg d.acrlbEd.s t91trov!: 8.ElhrlD!_!t the gjuLhrast Corne! gf,!!ld s€ctld {, th€nce N 00'90100"-t ri5.r6 ti.i .ioag !h. x..t Itn. oi ratd sectlm , nd tlon, thd tsast.Ely ilne of !h!! plrc.l ol l;trd dngcllbcd tn &lc 5?0 at Prge 266 ln the Offlco 6f th. G.r!1.]6Gu^ty Clart sd n.coideti lh.nc. N 75'13'10" ff 101.09 l.!t, thsnco X lr'0t'al. r 115,59 ft.t, lhonco [ 5!'l?'08" I t??.?S f€.t to tht c.nt.r ot tb. Cololrcit RlY.r, S.trc. tlohg th. o.nt.r o, !!1d rlv.r N 2l'{3'15'E 339.10 t..!, tb.nc. ( 23'13'20'E 310.00 t!.!, lh.noe { 35'08'15'e 119.25 f..t; th6hea r 12'56,13" E 499,62 !.ct, th.dc! ll 65'0lt{?t E .(O{.lO l.et) lhoco N 1t'15tr2. Z !03.50 t..r, thenc. N 8l'15'20' B 281.r9 f€ot, .b.nc! I 8l'!3'38" D 2tn{r !..ll.th.nc. I s!'O2rl?i I 266.82 t..tr tlterc6 3 6A'a2'11' E 180.81 !!.! to.th. t.!'t lln. o! tho Erunatr g$dtvlllon Sxugtton No 1, th.nc. .fong t.ld llelli llha ed dEalting th. c.ht.r ol llld coLgtrdo R!vr! I 00'50'51" E 520,60'frat to thc Noitborrt 6rnGt o! ths! iDlcat d.lcibrd ln 8@k 52? at ?a!e ,13 r, iac.ptlon xo, 293601, th.nc. rlonl hatsd.ry of tatd Parc.l s 10'22r1on x 328;6:l !o.1, th.nc. s 08'10r13'8 {30.97 lcot to !h. southlrly Rtght ot sY o! countv &ia No. 335r tlence afqnq laid etghE ol w'v N ?9'02'15" E' l,1O !..t, th.nca .3ont e *.te to the tlght s1U, €n .rc langti o, f,03-61 - lhty Edifi, Logtot,s -:: lw I **' lJ[ UNB SEttsACrS IETH- lMIGIBm rd E 10' i. PTBBINCtlt Gt-atrrl El8EIle tPLtS oINEBr/APPLICAI{T: XIPIDS DEVIDONB|I OONPOSIIION, BrPDS 0!t lEt oouraaDo E0MIIBS fggrcl,lllol{, Goc & EtrtoD, l lt st J. Eltoog'IlE f. IBIPIK'E Dil'}ILllllltrolt, oD Solat-stxr8 ENGINEEB: IOUIIIAIIT CNO88 EltGIIIEtsNTT{q IrC CbEb Erfr, PB E8O ll Gmad Arouc Gflolood SDElEa!, O0 0l60f Ph! 9171r.9a5.66,i4 l.r: yrlr.9l6.6660 STIRVEYOR: Alcb.s.l Eolr.q PLg ,l7!rlt Gotnlr Xo.d gt4 $lt, o0 61068P!/Ls! t O#7C.W+1 UINEAAL I,EAIIES on OPEN SPACE TRACT SOT'TB OF CR 385: EIIL BlEBErr OOnpOnAlIONl(m tSth 8tsa.t Dcatc, O0 tG@-1e08 IIINBRAL OtrNEBS:Go. B. Eltott & Irrt J. Elt.a 2I@ T. IBTPIEOE DIIgErfrrrfirlt, oo E0120-E@E Itedord LradIlchltr. lgt !.at, . lrdLu! o! 38r.99 fe6t. s acrtral angln o( l{'36'{8", . chord b€lring ol 3 ?t':r"21'E, r dord !€hgth ol 296.05 lrct, th.nc. d 56'20156'E 201'92 ftot, thonc. ilono a cud. !o the leli ulth !n.!c lohgth ot 6?.52 !..!, a ltdfut o! 191.32 !.or; I cslrll.&le o! 20'13'15", a chotd b..rlirg o! s 66'2?'la'E, ! chold'teEth o! 67.1, f.ea, th€oc. dagartlng laid Righ! ot x.y S ll'{7'53'I fO0,(8 l.at, th.nc. a 12"52136'E ?36.29 (r.t, 6.trc. alot ! cu!!. to thc llcht rSth e.!c liagth of 236'18 f..tr a lrdlut o! 518.39 l.al, r cont..I .nila of za'lr,3l', . chod boarlng ol 5 00'31'lri E, I ch6!d l.ngth of 231.65 t.air tba;ao 3 1l'19'S0" W' 1{1.56 l.o!, lh.trc. g 09'30rO!. o 3}0,17 loati A.W t[.nc€ tr L1'30'oo. r 1150.00 ta.!, thoDc. N a9'30r00* H 195.00 t..t, (h.nc.3 O 7f ?o'ls,oo. r !?d.oo t..U thercr 3 z!'oo'ooi ts {ll'95 les!, tionc. 3 00'1{'(2' E 6{.1,{ i..t, th.tr€ I 8g'20'00i r 1308.90 (..i, to the ?o1nl ot BcAlnoln, contaxllhg l21.lg0 lo!.r, THE RAPIDS ON THE COLORADO 1,/4 PI.ANNED UNIT DEVELOPMENT sEC. 4, SE 1,/4 iSEC. 5 & NE 1/4 SEC. T65, R91W OF,THE 6TH P.M. GARFIELD COUNTY, COLORADO I ?ll m. ololl-llnLl& Ol[ltr EIECIc 0!l lPltrlc Elltrlo MtI-Or-Ill c lo?lf totlf &tott trSLI ulllrcr|I. rt!f,t tllmI,r (rprs-Punlc) D.U,r/.6 DEmy tCe reP.u. Dll$l LlDlo . tr r PlltrtrIlD Ul EZIEy -B UEgF(-22 ZEIE CrgE?frtr]EE2ZE,* EEEg OI Egi EEE E==Z HE=t EUJEEEetrF a 'lH OATE 09/26/06 scl|r Not to Scole EtGil8 c. HAL-E Dm ilt PrePlonl O4Lots s 423 gGT 1 EXHIBIT 3 New Castle Memo. of Understanding EXHIBIT 3 MBrronnxDUM or UxoBRSTANDING ,/l Ttrrs lvlruonerouu oF UNDERsTAI.IDINc, made *is / 5rr alry of | - .2005, by and among the TowN or Nrw CAsnE, a municipal corporation with its principal offrce at 450 West lvlain Street, New Castle, Colorado 81647 (hereinafter the "Town"), TI{E RAnIDS DrvrropNrNT ConponenoN, and TI{r Repnps ON rm Coloneoo HomowNsRs AssocrenoN (the *HOA'), both Colorado corporations having its principal office and place of business at 2102 West Arapahoe Drive, Littleton, Colorado 80 1 20-3008 (hereinafter collectively "Rapids"). WmEAs, Rapids owns certain real property situate in the Coun$ of Garfiel4 Colorado, consisting of approximately ninety-seven (97) acres, as well as the right to acquire an adjoining parcel consisting of approximately twenty-four (24) acres; and Wurnres, in September of 1997, Garfield County approved Rapids' plat for a subdivision comprised of thirty-three (33) single family residential lots to be known as The Rapids on the Colorado (hereinafter the "Project'), which plat is recorded in the office of the Clerk and Recorder of Crarfield County, Colorado as Reception No. 513353; and WI#REAS, in accordance with such approval, Rapids completed the public improvements for the contemplated suMivision, including roads, water, natural gas, telephone, electricity, fire protection and drainage, with sewer sgrvice to be provided by individual sewer disposal systems; and IVHEREAs, Rapids now desires to file an application for a PUD with Garfield Coun$ in order to replat the Project property together with the adjoining parcel consisting of approximately twenty-four (24) acres, or a total of one hundred turcnt5rone (121) acres, as a PUD comprised of one hundred twenty-one (121) single family residential units; and WIGREIs, in order to obtain the approval of Garfield County for a PUD, the subdivision must be serviced by a central waste water treatment system; and Wrsnms, Rapids has prepared and submitted to the Garfield Coun$ Board of County Commissioners (hereinafter the 'BOCC") a site application dated December, 2003 for such a central waste water treafinent service facility (hereinafrer the "Facility") for the Project pursuant to CRS $25-8-502, et seq.; and Exhlbtt 3 Pagp 2 Memorandum of Understanding by and among Toum of New Castle, The Rapids Developme,nt Corporation and The Rapids onthe Colorado Homeowners Association Page2 WffiEAs, the site application for the Facility approval was sent to the Toum in its capacity as a referral agency with a sewer system within tfree (3) miles ofthe Project; and WTEREAS, the Town expressed concerns about the site application density as originally submitted; and WHEREAS, Rapids amended its application to the BOCC by amendment dated March 29,2004;and WrmEns, the Project is within the Town's three (3) mile planning area as set forth in C.RS. $31-12-105; and WffineAs, Rapids seeks the cooperation of the Town in its site application to the Colorado Deparhent of Health and Environrnent (hereinafter tlre *CDPIIE") and a recornmendation &om the Town to the BOCC that ttrcy recommend to the CDPHE that the application be approved; and WHEnEes, the prties desire to enter into this Memorandun of Understanding to reflect certain agreements and understandings among them. Now, THrnrronr, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideratioru the partie hereto agree as follows: l. Subject to the provisions of this llemorandum of Understanding the Town $all conselt to and rwommend to the BOCC thst it recommend appoval of the sirc apflic*ion for thc Facility. 2. Rapids agrees that the proposal to be zubmitted to Garfield Cormty for the replatting of its entire one hundred twenty4ne (121) acre parcel as refened to above as a PUD stnll nd outain more than one hundred twenty-orrc (121) single family residential units, and uses for trails, open spacq roads, ponds, utility easements, water storage tar*s, $aste water treatment facility, pipelines, irrigation ditches, lires and facilities, water wells, recreational facilities, community facilities and other uses approved by the HOA from time to time, and sball conform substantially to the sketch plan map afrachcd hereto as Exhibit "A" The Town agrees that many elements of such proposed PUD, including clustering dedication of open spa@, preserving the hillside as open space and the like Neu, Castle-Rapids Agreement 4. I l.2005.FinalN.C..doc &hlbit 3 pege 3 Memorandum of Understanding by and arnong Town ofNew Castle, The Rapids Developmelrt Corporation and The Rapids on the Cotorado Homeowners Association Page 3 are consistent with its Comprehensive Plan, although not in strict compliance with such Plan as to density. The Town supports the PUD because of its substantial compliance wittr its Comprehensive Plan as noted above, the provision for a public trail with river access, and the provision of a waste wa[er treatnent facility with proposed use as provided herein;provided, however. that any such support is contingent upon compliance by Rapids with the provisions of this paragraph an4 further, so long as the PUD proposal is consistent with the following conditions: & Rapids specifically agrees that it shall, as generally depicted on Exhibit A attached hereto, dedicate to public use a defined trail (the *Trail"), not less than four access points ("Access Points") between the Trail and a fifteen- foot wide river trail ('River Trail") to and along the water line of the Colorado River, as it may seasionalty fluotuate, for fishing and other non-commercial and non-hurting recreational purposes druing a time period commencing thirty (30) minutes before smrise and ending thirty (30) minutes after sunseg and shall provide nine (9) public parking spaces within the Project for such purposes. Maintenance and repair of the Trail, Access Trail, River Trail and the public parking area shall be the responsibility of the HOA. It is specifically agreed that the Trail shall be located a minimum of ten (10) feet from the rear lot lines of the residential lots in the Project. Fences, not higher than five (5) feet, may be constnrcted by thc HOA and/or lot owners along the lot lines abutting the Trail. Fences not in excess of four (4) feet in height may be constructed outside individual lot lineS within the dedicated open space to protect landscape features, provided that such fences in the opcit space do not unreasonably impede public access. The Trail shall be not less than six (6) feet wide, shall be initially composed of four (4) inch compacted road base, and may be modified by the HOA to provide a hardened strrface to encourage use by the elderly and those who are confined to a wheelchair- The foregoing Trail, ,Fithi"g Trail and Access Points shall be shown on the final ptat with appropriate plat notes. b. As port of the PUD approval, Rapids specifically agrees that the opbn space tract ('Open Space Tract") located south of County Road 335 and west of Cormry Road 312 shall remain as open space in perpetuity. The Town and Rapids acknowledge that the following uses strall be allowed on the open space tract: New CastleRapids Agreenrcnt 4. I l.2005,FinalN.C.RwA.doc Elfilbtt 3 Prgo /f Me,morandum of Undersanding by and among Town of New Castle, The Rapids Development Corporation and The Rapids on the Colorado Homeowners Association Page 4 Leases, ag€ements, reservatioil;, @sements and rights of ulay of record. Additional water well(s) and water storage facilities and equipment for Rapids, including access, utilities and W-3262 underground water augmentation plan pipeline and associated contols and equip,rrent Existing access roads Nothing herein shall be deemed to affect the rigbfis of third porties who have easements or reserved rights concerning the open space tract. The foregoing Open Spce Tract shall be shown on the final plat with appropriate plat notes. The parties agree that all road impact fm in cxcess of those alrcady expended by Rapids shall" unless otherwise dir@ted by the BOCC, be applied to additional improvements to Countr Road 335. It is furttrer agreed that Rapids shall propose to the BOCC that the balance of the Road Impaot Fees to be paid by Rapids shall be utilized for improvements to CR 335 based upon recommendations to be made joinfly by engineers representing &e Rapids, the Town and Garfield County. The parties specificatly acknowledge that Rapids has previously expended the sum of One Hundred Eighteen Thousand Two Hundred Six Dollars ($118,206.00) as impact fees, prior to adjustment for inflation, for the 33 approved existing lots, which ftnds were used to reconstnrct and pave a one-half mile section of CR 335 adjarent to The Rapids on the Colorado suMivisiort and that ao traffic impact fees shall be due for 33 ofthe proposed l2I lots. d" The parties acknowledge'that the waste water treahent facility site provided within the Project is sufficient in size to accommodale wastewater treatne,rt for approximately one hmdred (100) acres of privately owned land a{iaoent to the Project and Apple Tree Mobile Home Park tuiy expansion of the proposed Facility is dependent upon approval of an application to expand the facility by the Colorado Deparfirent of Public Health and Environment based upon various factors, including but not limited to comments from adjacent New CasteRapids fureement 4. I l.2OO5.FinalN.C.-doc (t) Q) (3) E Giblt 3 Page 5 Memorandum of Understanding by and among Town ofNew Castle, The Rapids Development Corporation urd The Rapids on the Colorado llomeowners Association Page 5 mturicipalities, residents and the recommendation by the Board of County Commissioners of Garfield County, Colorado. In the event such an cxpansion is approved by the State of Colorado, a service conmct to provide waste water treatrrent to properties located south of the Colorado River and otrtside the' Project would require such properties proposed to be served to provide: (l) Liability insurance for potential damages caused by oftite polluunts introduced into the plant systern (2) An agreement to hold Rapids hannless for all costs or liability resulting from damages associated with facilities or services for waste water treatment originating from properties not owned or acquired by Rapids. (3) cash paymene shall be made in advance for all expansion expenses to be incurred by Rapids, its successors or assigrn, including but not limited to engineering and legal fces, administrative @sts, utility modifications, modificatioru to the existing plant necrssitated by the expansion, and expenses of any kind or nature associatcd with the expansion It is specifically acknowledged that the experuies of expansion to provide service to properties outside ttrc Project shall include any and all ovemrns by subcontractors or consultants; (4) An agreement that provides that maintenancq, repair and rcplacement of all collector lines, lateral lines and associated facilities within adjacrnt properties or within Apple Tree Mobile Home Pa* shall be the sole responsibilrty of the adjacent property owners or of Apple Tree Mobile Home Parlg unless otherwise agreed by Rapids in the service contracq (5) Tap fees and services c,harges for wastewater treatment provided to properties outside tre Project (Apple Tree, Mountain Shadows and adjacent properties) shall be at rates accepable to both parties. Notrrithstanding anything contained herein to the contrar)/, no connection to the Facility by any third party shall be permitted without the written consent of the Town" provided however, that such consent shall not be urueasonably withheld if the proposed land use is consistent with the New CasleRapids fureernert 4. I l.2005.FhalN.C..doc Exhiblt 3 Page 6 Memorandum of Understanding by and among Town ofNew Castle, The Rapids Development Corporation and The Rapids on the Colorado Homeowners Association Page 6 Comprehensive Plan for the Town. 4. Noue. All notices required or appropriate wtderthis Agreement shall be in writing and shall be hand delivered or sent by certified mail, rctrm receip rqucsted, postage prepai4 to the addresses of the parties herein set forth. AII notices so given shall be considered effective seventy-two (72) hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to wtrich future notices shall be sent. Notice to the Tourn:Town ofNewCastle 450 West }t[ain Street New Castlg Colorado 81647 The Rapids Development Corporation 2102 West Arapahoe Drive Littteton, Colorado 80 120-3008 Notice to Rapids: Notice to the HOA: The Rapids on the Colorado Homeowners Assn. 2102 West Arapahoe Drive Littleton, Colorado 80120-3008 5. Fnul Acnrmrrm.rr. This Agreement supersedes and controts alt prior written and oral agreements and representations of the parties, and is the total integrated agreement among the prties. 6. MopmceuoNs. This Agreement shall not be amended or modifie4 except by subsequent written agreement of the parties. 7. hrrenpnrranoN. This Agreement shall be construed in accordance with the law of the State of Colorado. 8. TEnuuverroN. If the Rapids has not obtained final approval from Garfield County of the replatting of the proposed one hundred twenty-one (l2l) acres parcel into at least 121 residential lots as a PUD within two (2) years from the date of this Memorandtrm of Understanding then this Memorandum of Undersanding shall terminate and its provisions be rendered null and void New Castlc-Rapids Agreemcnt 4. I l.2005.FinalN.C..doc E 6lbit 3 Page Z Memorandtrm of Understanding by and among Town of New Castle, The Rapids Developurent Corporation and The Rapids onthe Colorado Homeowners Association PageT IN Wrrunss WTEREoF, the parties hereto bave executed this Memorandum of Understanding on the day and year first above written. .$iilri-r{;2 TowN oFNEw Cesur Repos ON THE CoLoRADo :El sEdrI- !fi=n i cou:'irY Jt -:, 1 vvvr'r ' r''-i, *\'n * -.j * S**i,,i;ia;i;iJ 'rffi,1rrr\ -i,,fi"orrl,*ro"t\I:*-'--- "!-i (ri'1 ,-i ir''- TIfi Gene R. Hilton, President New Castlo-Rapids fureernemt 4. I l.2005.FinalN.C..doc Efitbit3 Page I ,fl -- ffiE'i Iryl{'Eiti'$IufffilE 3 Sg **H H Ess H EEiE rF !l'ii'iiitiilii ilr -'l'li ;'E t i The RAPIDS on the @LORADO Planned Unlt [hvelopment SKETCH PLAN M(xlmruN cRo66 ENONEEruTrc" INCddffiEdttA-dbhliarOfr re.g* Erhibit 3 page g EXHIBIT Rapids on the Colorado Existing PIat & BOCC Resolution 96-70 Resolution 97-26 EXHIBIT Elfiibit 4 page 2 Qtr 4919,822 8-996 P-665 LOltTlLgsB O4:O3P I.TILDRED N.SMRF GARFIELD ffiJNTY CLERK PGl OF7 AI{D PMHDER Rrc o.oo l0T STATE OF COLORADO County of Garfield , fu a n:gular meoting of the Board of County Commissioners for Garfield County, CblbradO, lidd'in tlie Commissioners Meedng Roonr" Gar6eH'eomty'eourthurse; in'Glcnwood'Springs on' the l4th of October A.D. 1996 - there were present: Merien I Smith Commissioner Chairman CommissionerArnold I- Maellev . Elmer (Buckey) Arbaney . Commissioner f)on f)eFord County Attorney Mildretl Alsdorf . Clerk of the Board Chrrc-L f)acr:hanec Coun$ Administrator when the following proceedingq among others were had and done. to-wit: RESOLUTION NO. 96-70 A RESOLUTION CONCERNED WITH THE APPROVAL OF A PRELIMINARY PLA}I FOR THE RAPIDS ON THE COLOR/DO SUBDIVISION. WHEREAS, GENE HILTOI{/RAPIDS ON THE COIORADO, L.L.C., tns 6lcd an applicEtion with theBoard ofC.oumy Commissioners of Garfield Countv for approval of a-Preliminary Plan for Fqpids on the Colorado Subdivision; WHEREAS, the Garfield County Planning Commission reviewed the Rapids on the Colorado application and recommended approval to the Board of County Commissioner$ WHEREAS, hsed on the material submittcd by the applioant, the recommendation of thePlanning Commission and the corrunents ofthe @rfield County Planning Department this Board finds as follows: That proper publication and public notice urd posting were provided as required by law for thc hearing bcforc the Planning Comrnission and Board of County Commissioners. That the hearings before the Planning Commission and Board of County Commissioners were octensive and completg that all pertinent faots, matters and issres were srbmitted and that all interested parties were hehrd at the hearing. ) )ss ) l. A-g -Exhibit4 Page 3 4s9822 8-996 P-666 LO/L7/L996 O4:O3P PG 2 OF 7 3. That the proposed subdivision of land is in general complianoe with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County. 4. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution. 5. That all data" surveys, analyses, studies, plans and designs as are required by the State of Colorado and Garfield Cornty have been zubmitted and, in addition, have been found to meet all requirements ofthe Garfield County Subdivision Regulations. 6. That the Garfietd County Planning Commission recommended approval of the Preliminary Plan. 7. That for the above-stated and other reasons, the proposed subdivision is in tho bcst interest of the healttu safegr, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 8. That, based on the dynamic nature of this particular proposd, thc following modifications to Planning Commission recommendation are required: a) Deletion of plat note 9a; b) Dcletion of condition of approval #22; c) Deletion of condition of approval #26; d) Deletion of condition of approval #29; e) Addition of certain other conditions of approval, as contained herein. 9. That no response was received by the Colorado Department ofHealth regarding the proposed method ofwaste water treatment. within the time altotted. NOW, THEREFORE, BE IT RESOLVED that the Preliminary Plan of the Rapids on the Colorado SuMivision" for the following described unincorporated area of Garfield County be approve{.with the following conditions: l. That all representations of the applicant, either within the application or stated at the public hearings before the Planning Commission shall be considered conditions of approval, unless stated otherwise by the Planning Commission. 2. Thc Homoowneds Association shal! be incorporated in accordance with Colorado Revised Statute requirements. 3. The applicant shall prepare and submit a Subdivision Improvements Agreement addressing all on-site improvements, prior to the submittal of a final plat. 4. The applicants shall submit improvcrnent plans for all roads, bridges, utilities, fire protectiorl improvements, signage and drainage structttres prior to the submittal of the 6nal plat. Exhiblt 4 Page 4 4ssa22 8-996 P-66? LO/L7|L*}B 04:03P PG 3 OF 7 8. 9. a)' That all utilities shall be placed underground and any propane tanks shall be placed underground or otherwise obstructed from view. That dl cut slopes created during construction stnll be revegetated with native grasses, shrubs and trees with adequate weed oontrol. All revegetation shall be in accordance with the applicanfs rwegetation plan. Revegetation and landscaping shall be included in the Subdivision Improvements Agreement. tn addition, adequate security shall remain in place for a period of two (2) years to guarantee the survival of all plantings. That the applicant shall demonstrate that procedures are established for the maintenance of all roadways and bridgeq including $mw removal, ttuough the Homeowneds Association. That the applicant shall pay $200, per lot, ($6,600 total) in School Impact Fees prior to the approval of the Final Plat. That the following plat notes shaU be included on the Final Plat: 'The-minirnum.def-ensible spaae distanoe shall.be.30.feet on.level-terraiq.plus appropriate modificationto recognizethe increased rate of fire spread at sloped sites. The rnethodolory described in "Determining Safety Zone Dimensions, Wildfire Safety Guidbliires for Rural- Homeovmers,n (Colorado State Forest Service) shall be used to determine defensiblc space requirements for the required defensible space within building envelopes in areas oroeeding ftve (5) perccnt grade.n "Prior to issr.rance of a building permit, the owner of each tot shalt prepare and zubmit a soils and foundation report, an I.S.D.S. design, and a grading and drainage plan prepared and certified by a professional engineer. All improvernents shall be constructed in accordance with such measureq which strall be a condition of the building permit.n uThat all lot owners shall comply with the provisions under which the weU permits for the subdivision were approved. Except for Lot I and Lot 19, no lot shall iniga{e more than 10,000 squarefeet of land with water from the central, domestic system, and all waste water disposal systems shall have non-€vaporative leach fields." "[Jpon adopion of road impact fees by the Board of County Commissionerq the lots created by this exemption shaU be subject to paying the fees, paid at time of building permit application, paid by the building permit applicanq unless said fees have becn paid by the dbvelbper. Tliere shall'be creditgiven tb the developerfurtfte'monetary'amount'spcnton' providing the required acoeleration and deceleration lanes.' "lndividuat lot owners dratl be responsible for control of noxious weeds and thc Homeowneds Association shall control noxious weeds on all Open Space/Parkland portions.' Thst all well permits be issued prior to final ptat, that sufEcient water provided through the approved augmentation plan, water rights associated with the wells, together with well 5. 6. 7. b) c) d) e) 10. Exhibit 4 Page 5 499822 B-996 P-668 10/1711996 O4:O3P PG 4 OF'7 permits, all physical components ofthe water system and shares from the Moore Ditctt, if any, strall be tranSerrod by ttre dweloper to a homeowncrls association which shall have the power and the duty to enforce compliance by lot owners with the terms and conditions of the augmentation plan. Appropriate Protective Covenants shall further require compliance wirh the terms and conditibns of'the augmentation plan, the met€ring of waterusagsarthe' individual lot and provisions for dripirrigation. That the applicants shatl prepare and submit protective covenants. articles of incorporation and other HomeowneCs Association documents including byJaws will be submitted for review by the County Attorney prior to the approval of the Final Plat. No rczubdivision or Accessory Dwelting Units shall be approved for this subdivision that would impinge upon or diminish the services provided for the lots approved hcrein. That dl roadways shall be constnlctd in accordance with the design standards in efflect at the time ofsrbmittal oftheFinal Plat. Wrth the orception oflot l, in no event sirall an individual driveway have direct access to County Road 335. That the static water level in Rapids Well #2 be monitored and if the static water level falls below 24 feet, a 2rl-hour pump test and appropriate recharge rate calctrlations be performed, with all results reportd to the Planning Dcpartmcnt. through final plat. That adequarc easerrcnts for wells, waterlines and other attendant facilities and utilities shall be provided on the Final Plat. Thc applicant shatl provide road signage in accordance with the Uniform Manual of Traffic Control. These should be included in the Subdivision Improvements Agreement. Prior to the approval of the Final Plat. the applicant slull submit approved plans (by Colorado Department of Health) for the proposed community water.system. That access and utility casements to the proposed water tank shall be shown on the final plat and dedicared to the Homeowner's Association, that the applicant shall receive the necessary p€nnit from County Road and Bridge regarding the crossing of CR 335 with the water/utility line(s) and in no case shall the access road to the water tank be in excess of 14% grade. A finalized'b,oundary line adjusmeff occurbrfirrcFirial'plat appmval'for the'remaining'land' not being included in this subdivisign. Open heanh. solid fuel fireplaces shall not be allowed within the subdivision. One (l) new, solid.fuel' burning- stove as defined. in-e.R.S, ?;5-7401\ et seq. and. the. reguluions promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowd an unrestricted number of natural gas burning stoves and appliances. ll. t2. 13. t4. 15. 16. t7. 18. l9: 20. Exhibit 4 PagB 6 499822 8-996 P-669 1olt7l1990 0+:0gp pC S oF 7 All provisiors contained in the Burning Mountains Fire Protection District's letter dated July 10, 1996, shall be adhered to and made part of the Final Plat. All exterior lighting shall be the minimum amount necessary and shall be directed inward, towards the interior ofthe s"rbdivisiorl orcept that provisions may be made to allow for safety lighting that goes beyond the property boundaries. That the recording fees for the Final Plat and all associated documents be paid to the County Clerk and Recorder prior to the srgning of the Final Plat by the Board of County Comnrissioncrs and a copy of the receipt be provided to the Planning Department. That the Final Plat srbmittal include a copy of a computer disk of the plat data. formatted for use on the County Assessor's CAD system. Protective covenants shall speci$ that only one (l) dog is allowcd, per lot. Protestive covenants shall specify there be no incineration of trash. That specific building envelopes for the individual sewage disposal systems be designated away Eom the watercourses of Garfield Creek and the Colorado Nver for dl lots identified within the respective floodplains. That dl building envelopes affected by the floodplains of Crarfield Creek and the Colorado River shall be elevatod above the lcrrcl of the 100-year floodplain, as a requirement of the Subdivision Improvements Agreement The developer shall provide specific designs and plans for the development and use of the open space lan( for review by the Planning Department, as a requirement of the find plat urbmittal. Dwelopment within the areas identified within the flood fringe of the Colorado River and/or Crarfield Creek shall be required toadhere to the conditioni of approval for th6 Hoodplain Special Use Permit, conditionally approved on October 7,1996. That uccelematiunartrdweleration'lanes'and'school'bus turnoutsshall-bo provided-at both- intersections with County Road 335. and shall be developed as part of the Subdivision Improvements Agreement. The derrdoper shall takeprudent *eps to control dus generation and migntion from the site, for the duration of development of the site. All weight restrictions on Cobrrty'roads shall be observed by the developer and all subcontractors. 21. 23. 24. 25. 26. 27. 28. 29. 30. 3t: 32. 33. Exhibit 4Pagel 499822 8-996 P-670 hO/LT/1996 O4:03P E 6 OF 7 Dated 15is 17thd1y of October ATTEST: aD. l9e6_. GARFIELD COIJNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Eluer (Buckev) Arbaney - Aye Aye Aye Chairman STATE OF COLORADO County of Garfield County Clerk and ex-<ifrcio Clerk of the noard of County Commissioners in and for thc County and State aforesaid do her&y certi$ that the annexed and foregoing Resolution is truly copied from the Records of the Prooeeding of the Board of County Commissioners for said Garfield County, now in my offioe. IN WITNESS WHEREOF, I have hereunto set my hurd and affixed the seal of said County, at Glernvood Springr this _ day of A.D. l9_. County Clerk and ex-offcio Cterk of the Board of County Commissioners ). )ss ) ACriUit 4 Page 8 499A22 B-9SG P-671 to/t?/1998 O4:O3p E 7 OF T I.aCAL DESCP.TPTTONA tract ol land situated in the Strfr/4 ol SecLion 4 and the SEt/4 ot Seetion 5, TorzsNp 6 South, Eange 9! tfest ol the 6lh P.A. described as tolto*s: Begianine at thc Southrest Corner ot said Scctioc 4: thencc N 0e 50' OA-' f lSA.tO leet aloaz the ffest tine ol said Section 4 and atoag the Easte:ly llnc of thal paTcat of laad desct'lbed ia Eook 570 al Page 266 ln the- Ollice of the darticld Cowtt Clc*. add Rccorde:: thence N 75c 43'tE'f 1U.89 teet: thonce N tio 08'41'r 1t5.59 tec!: tbeace N 53e 47' 08' tr 1n.75 lcet to the cealcr of tbe Colorado Rieer: tlence alonz tbc ceoter of said rlrcr N 23o 43' ,5'E 339.10 lcct: thenca N zse2e' 20' E ?to.oo leet: thcaee N 35o 08' t5' E 419.25 lcc!: thence N 12s 56' t3'E 499.62 leet; thencc N 65o 0l' 17'E 404.40 lcec: thcnce N 7le 35' t2' E 50{i.50 lcct; theoce N 84a t5' 20' E 294.99 lect; thcnce S 8!c 33' 38' E Z*t.41 feeE theace S 50o O?' 17' E 266.82 tcet: thence S 68e 42'lt'E 476.7O leet: tbceca dcpariieg the ccnter of said Coto:ado Rivcr S Oe 29' 34' E 523.50 iect to thc Northeast Coraer ol Utal parcet describcd ia Sook 527 at Pagc.?f3-qs Eeceptioa l'lo. ?9388t; lhcacc atoag tlze bo_undary ol said pareet S 7Eo 22' 10' f 321.42 tcet; beace S 8i 40' l5' E 376.29 leel to s poinl oa the tiorthe:t, Righl-Of-tar ol Couaty RoaC No. 335; theace aloog said PJght-Of-tay S-7Eo 58'32'f 207.05 leet; theace l4o.l5 leet along a . cine to tbe to the lett, hariaz a radius ol 1030.0O leet, e cealral : englc ol 7o 47'46': thc chord-ol vlich bcarc S 75e 04' 40't l4O-O4 leit; theacc S ?te l0' 47' f 996.23 feet: tbeece 66.20 lcat alo4g the sc ol a curPe to the lclt ban'ag Q ccatrat aagle ol 7c O9' 25'-aad a radius ol 530.00 fcct. thc ebord-o[ rhich bcan S 67e 36' 05' lf 66-to lee!: thcnce S 64e 0t'4t'tr 296.11 lect: thcnce ciepartiag scid : llight-Ol-Vay S. 0o t4' 42' E 6$.7q k1t to a poiaC oa Uc Soutb tine oi said Scetioa 4: thczcc S d9a ?o' 08' Y leod.g8 lcet: to the Poll{f Of EECINNINC; said dcscribcd trac! contaiaiag 97.269 acres, aore o? /ess. Exhiblt 4 Page 9 N ECE I VED APR STATE OF COLORADO County of Garfield At a regular hearing ofthe Board of Couuty Commissioners for Garfield Couaty, Colorado, held in the Commissioners'Meeting Room, Garfield County Courthousg in Glenwood Spriogs on - Monda:r . the 7th of April AD. l9l2- there were presert: Marian I. Smith . Commissioner Cbairuran Iohn Martin , CommissionerIanryMcCown , Courrrissioner Don DeFord , County Attorney lvfildred Alsdorf - CI€rl( ofthe Board Chuck Deschene.s County Administrator .when the following proceedings, among others were had and done, to-wit: . RESOLUTIONNO. qz_ze A RESOLUTION CONCERNED WITH THE APPROVAL OF A FLOODPLAIN SPECIAL USE PERMIT FOR RAPIDS ON THE COLORADO SI'BDTWSION WHEREAS, the Board of County Commissioners of Crarfield County, Coloradq has received application from Gene lfilton for a Floodplain Special Use Permit to allow the placement offill materid in ponions oftheflood fiinge ofthe Colorado River and Garfield Creek onthe following described tract ofland: See Anached: Exhibit A Gn the State of Colorado and the County oiGarfield); ana WHEREAS, the Board held a public hearing oo the 7th day of October, 1996, upon the question of whetlrerthe abovedescdbed Floodplain Special Use Permit should be granted or denied, at which hearing the pblic and imerested pemoos were giveu the oppornrnity to express their opinions regarding the issuance of said Special Use Permiq and WIEREAS, the Board on the basis of substantial comp€tetrt evidence . produced a the aforemeirtioned hearing has made the following determination of fact: 1. That proper publication md pqblic notice was provided as required by law for the heuiag before theBoard of County Commissioners. [ilil l!ill lillll lllll lflll llllllllllllllllll llll llll ) )ss ) 586?46 Wt0gllgs? 03:35P 81014 Psos 447 1 of 5 R O.W0 O O.@ !l 0.BO GRRFIEID C0UI{TY CN.CR Exhibit 4 Page {0 2. That the hearirg beforetbe Board of Cormty Commissioners uas ortensive and completg that all peninent frcts, mfiters and issues were sbmitted and that all interested parties were heard at that hearing. 3. That the application is in compliance with the Garfield County ZoongResohrtion of 1978, as amended. 4. For the above stated ard other reasoolt, the proposed use.is in the best imeres of the hcaftb, safety, moralq @nvenience, order, prosperity and welfare of the citizens of Garfield Coumy. ' NOW, TIIEREFORE, BE IT RESOLVED by the Board of Coumy Commissioaers of Garfield Courry, Coloradq that thi Floodplain Speciat Use Permit. be and hereby is authorized permining the usb of the above described tract of land for the placement of fill material in portions of the flood fiinge of the Colorado River and Garfield Creetg upon the following specific conditions: l. That all repres€ntations ofthe applicarq either within.the application or statcd at the hearing before the Board of Couty Commisiioners, shall be considered conditions of approval. 2. Tbat ttrc Sp€cid Use Permit shall be issued uften all conditions of appronal are mct and shall' .be subject to adherence to specific conditions to be contained within tlrc Subdivision Improvements Agreement for the Rapids on the Colorado Subdivision. 3. That dl placement of fill materid shall be in accordance with the engineering spccifications for this t1rye of floodplain developmeut 4. That the compaction offill material shatl be field verified by the developet's engineer, as it is being placd and the engineer shall provide individual, 'as-buih" ele\ration certificates, for each affected lot, upoo completion. 5. That approval of this Special Use Permit shall in no way be consnred as approval of the Raplds on the Colorado SuMivision, nor shall it obligate the Board of Courny Corrnissioners to approve said nrbdivision. 6. That approval ofthis Special Use Permit shall preclude thb necessity of compliance with the following plat note/condition of approval proposed for the Rapids on the Colorado Subdivision: She speci6c, building foundations urd indMdual sernage disposal system desigrs shall be s$ject to individual Floodplain Special Use Permit applications and appronal, prior to the issuance of a building permit for any construoipn identified within thc 100-year floodplains of the Colorado kT and/or Crarfield Creek. Prior to Final Ptat, the developeds engineer strall zubmil site specific engineered plans for residential dwelopnient within tlre flood fringe of the Colorado River and Garfield Creels- Furthermore, all dwelopment in these areas'shatl be consistent with these plans and shall be lllilililt ilillr illlr ilrffifiil llllt ilt il[tfllllt 5E674O UIOE/l*r! 0Il:35P BtOl4 PE0(9 U72 ol 5 R A.@ D O.@ n d-eg, GaPF?Ft n r:rTtNw FJ ED t Exhibit a pagC tf 7. required to furnish as-burtL elevation ceftificates demonstrating that all.construction meets the provisions of Seaion 6.09 of the Garfield Couuty Zonng Resohrtioo of 1978, as 3mendd prior to the issnnce ofa Certificae of Ocanpancyby the Crarfield Couty luilding Departrnent. That the lowest floor, including basemenfi, of any new building designed for residentiat occupansy shall not be less than one (l) foot above the maxinnrm wat6 elevation ofthe lOG year flood as daermined by the Garfield Coumy Flood Insurance Sudy. That orrsite individual sewage diqposal systems shall be located so irll to avoid impairment of thern or contamination fro them during a lfr)-year flood went. Ttra priorto issuance of a building permiq, the ovmer of each lot shall pr€pare and zubmit a soils and foundationreporg anLS-D.S. desig and a gading ard drainage plan prepared and certified by a professional enginea- All improvemeuts shall be constructed in accordancc with such measures, wtrich strall be a condition of the building permit. That the applicant/dweloper shall take prudent measures to control dust generation utd migration fiom the site, for the duration of development on the site. 8. 9. 10. Dated*his--Qln- day of ATTEST: . AD.19-97_.Aori I GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO %r,;JJM- Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Commissioner Chairman tlarian I. Smith ,Aye Commissioner John F. lrlartin ,Aye , Ayel^ammi ce i anar f-rrrtl T ilal^ar.rn I lllil lllll llllil m llllll llill lll lll lllll llll lll soeTio utoarrssz 03:35P 81014 P810 ''147i-;i'a n o.ss D 0.00 !l o-00 GRRFIELD cou$rY cLER 'Exhibit a Page 12 STATE OF COLORADO County of Garfield I, , County Clerk and ex-officio Clerk of the Board ofCounty Cunmissioners in and for the Coumy and Stare aforesaid do hereby certify that the armexed and foregoing Resolution is truly copied from the Records ofthe Proceeding ofthe Board of County Commissioners for said Garfield Coumy, now in my office. IN WTINESS WHEREOB I have hereuuto set my hand and afrxed the seal of said Couuty, at Glenwood Springs, this ' dayof aD. l9_. Coumy Clerk and or-officio Clerk of the Board of County Commissioners Illlilt lllllllllll lllll lllllllllll llllllllilll lllllil ) )ss ) 506?40 O4l0gltgg? 03:35F 81014 P811 147 4 of 5 R 0.0O O O.wA N 0.Oo GRRFIELO C0LNTY E rhibit?Efie t3 LEG.AL DESCFIIPTION The Hapids of the Colorado LEGAL DESCHIPTION A tract of land situated in the SW1/4 of Section 4 and the SEl/4 of Section 5, Township 6 South, Range 91 West ol the 6th P.M. described as follows: Beginning at the Soulhwest Corner of said Section 4; thence N 0o 50' 00' W 438.10 feet along the West line of said Section 4 and along the Easterly line ol that parcel of land described in Book 570 at Page 256 in the Office of thi Garfietd County Clerk.and Recorder; thence N 75".43' '18' W 101.89 feet; thence N 17" 08' 41' W 115;59 leet; thence N 53o 47' 08' W 1T1.73 leet to the center of the Colorado River; thence along the center ol said river N 23o 43'15" E 339.10 feet; thence N 23" 43' 20" E 310.00 feet; thence N 35o. 08' 15' E 419.25 feet; lhence N 42" 56' 13" E 499.62 feet: thence N 65o 01' 47" E 404.40 teet thence N 71" 35: 12" E 503.50 feet; thence N 84o 15' 20" E 284.99 feet; thence S 81o 33' 38' E 244.41 feet; thence S 58" 02' 47" E 266.82 feet; thence S 680 42' 11' E 476.70 feet; thence departing the center of said Colorado River S 0o 29' 34u E 523.50 leet to the Northeast .Corner of that parcel described in Book 527 al paga 743 as Reception No.293881; Thence along the boundary of said parcel S 78o 22' 10" !/V 321.42 feet; lhence S 8o 40' 15' E 378.29 feet to a point on the Northerly Right-Of-Way of County Road No. 335; thence along said Right-Of-Way S 78" 58; 32' w 2o7.o5 feet; thence 140.15 leet along a curve to the left, having a radius of'1030,00 feet, a central angle of 7' 47' 46"1 the.chord of rvhich bears S 75" 04' 40" W 140.04 feet; thence S .71o 10' 47" W 396.23 feet; thence 66.20 feet along the arc of a curve lo the left having a central angle ol 7a 09' 25" and a radius of 530.00 feet; the chord of which bears S 57o 36'05c W 66.16 feet; thence S 64o 01' 23" W 296.11 feet; thence departing said Right-Of-Way S 0o 14'42'E 653.78 feet to a point on the South line of said Section 4; thence S 89o 20' 08" W 1308.98 feet to the POINT OF BEGINNING; said described tract containing 97.269 acres, more or less. tryJxl$',''ll!!ll,[!!$l1iltlll!''L[lHjllll'L ffi EXHIBIT 5 Rapids on the Colorado "As Built" Utilities - Water, Electricity, Telephone, Natural Gas EXHIBIT 5 E thibit 5 Page 1 ry&lEr_tw$EwifrA-JJ-noattrt DaNffi ffiaN&offin,lB,E M@atuuaagr-EffiTwia'fEffDuSDraoNatu o' tr ; EDo& to3a-a f,.cxul E t:h $Iffi hq O / #qHq.bf,r\ t Eb HE 68 @o -o. tr UJ -Il- dimpf E JO i[B Et n ull 1.cll0 n0, rMlra !,t: EXHIBIT 6 Map r Garfield County Land Use Districts EXHIBIT 6 E Oibit 6 Page , ==cE=E- ==EEIE E= =I=;: sE EE=;===EEE;;EosB ffiTfiEEEEEEEE gre E:EaEa**a E=a= ; a [Iffiffin ffiffiI[ffi at-Itri Bs =<)(-5x q lji{oi= +35sc\f <-) c-)-<tr-iq : >.a H.C,) ct) ts..L)q tsc-r)+-{a k1 C-r) t-)--) q =t-lakI C,1 CSa-{sn<a- IEar1f.+*d-oor' s ,tIi't Exhibit 6 Page Z EXHIBIT 7 Map r Current Zoning of Rapids EXHIBIT 7 Exhlbit 7 Page 2 EXHIBIT 8 Vicinity Map EXHIBIT 8 ErhibitS Page t .f imffiE-i$*lS irrr s r ne "llil g 5 €s I E T Exhibit 8 Page 2 EXHIBIT 9 Assessor's Map and Addresses of Adjacent Owners EXHIBIT 9 GARFIELD COU NTY ASSESSOR'S II'IAP PARCELS AND OWNERS AS OF DECECBER 20, 2OO5 st 1 @l 'l hill'o#l 'l\ z @ l-- l@H3{ I ll ,-, I -1 ////l/til ?fl*/:SEE MAB @ *4 rlo zt*1+32 44- I 3 @ I ,l Com @ Gen //- I @mx =-g ,lo !D€ 9. SCHEDULE OF PROPERW OWNERS WTTHIN 2OO FEET OF THE RAPIDS ON THE COLORADO PROPOSED PLANNED UNIT DEVELOPMENT l{ames and addreeses of owner of rccord of all parcels adjolnlng and within two hundrcd feet (200) feet of the proposed subdivision, includlng thoee separated only by a public rlght-of-way The ownership and addrceses werc obtained fiom the offfce of the Gafidd County Assessor on September 28, 2006 {. Parcel 218{-031{10-15E JACE, LLC 1444 Louer Rlver Road Sndmals, CO 81654 2. Parcel 218{{5a{Xr-129 Donald Rayand Sandra L Snyder Box I ilw Gasde, Co 81647{X109 3. Parel21814ffi-111 f,urlch, Patlcla L P.O. Box588 Panecllfr, CO 80.fl{{588 4. Parcel 2{81-091{10{176 Parcel 21 8l {1.0t0{Xl-l 64 Gene R. and tary J. Hllton 2102WeetArapahoe Ddw Utilebn, CO 80120€qr8 5. Parcel 21E{{t5'l{0-l'O Flod L and Gharlotb J. Snyder P.O.Box277 J{ewGas0e, CO81il7.0,2T1 8. Parcel 2181-0'l+flr{l7l B;annen Prcpertie, lnc JF&TCo.. P O. Box489 Glenwood Spdngs Colorado 81602 7. Parcel 2181{5'l{X}-25{ Toucan land Go. RLLLP 65 Rlppy Lane llqrGar0q CO 81647 8. Parcel 2l8l{t54{-208 Paullnc Rlppy Box 24ii lkur Casde, CO 81647 9. ParcdzlBl-tnfi-mi Stab of Colorado Dtuislon of Wldllfe 6060 Broadray DenY€r, CO 80216-{029 10. Parcel 2l8l;0'|.?{G{20 Kenneth R. and PegryA Colline 38i!9County Road 3ll5 llew Cac0e, CO 816'07€6al 11. Parcel 2t8l-183{0{t85 Richad end taryJolley Femily, LLLF 1288 Gounty Road 245 NwCasde, CO81647 12. Parcel 21a1{nl1{l}-1Z- tary Edith Lognn 39492 Rlwr Frontage Rord Nery Casde, GO 816t17 13. Parcet 2l8l{4:l{Xl-125 Eadene and Clyde Dale Alcom 38992 Rhrcr Frcntrgo Rd ilewCasde, CO81647 14. Parcet 2t8t{43{r0{16 RlckAnhony Rakich 5'l Rlppy lem l{ryCas0e, COSlel7 {5. lnbt:teb 70 Rlght of Way Colorado Departnent of Tranrpolffion Plans and Sunnyr Sec0on tl()l East Arlranoar Awnue Denver, COW222 t6. 2181-x-u-001 thrcugh 033 Rapi6 on the Golorado Rlvor Homeowmc Arcn. and Repldr DevolopmentGorponton 2t02WeltArapahoe Dtlve Litfleton, CO E0120€flr8 17. 218143{17{EE and 007-OlO Gene R. and taryJ. Halton 21 02 West Arapahoe Drlve Ll(ileton, COmt20€008 Sdndule of Ropeily otvmts Within 2@ F€6t 9.28.2006.doc THE RAPIDS ON THE GOLORADO SCHEDULE OF MINERAL OWNERS Refierence Legal [)*cription ihme and addlecsee of, mners of rBcord of minera! dghts rrithln the propoced danned unlt Oawtopmemt Federal l-and Bank Wichita, Kansal (Onns one-half of minerals locabd on open apace lande located south of CR 335 and west of GR 3{2). Gene R. Hilbn and i[ary J. Hilton 2lO2 West Arapahoe Drive Llttleton, GO 80{ 20€008 Elfilbit 9 Page 5 EXHIBIT 10 Legal Description 121 .488 Acres EXHIBIT {O LEGAL DESCRIPTION THE RAPIDS ON THE COLORADO PLAI\INED I'NIT DEVELOPMENT 121.488 ACRE PARCEL A tract of land situated in the SEI/4SW114 rnd the SWl/4SEl/4 of Section 4 and the IttWl/4NEl/4 of Section 9 att in Township 6 South, Range 9l West of the 6th P.M. being described as follows: BEGII{MNG AT the Southwest Corner of said Section 4; Thence N 00o50'00"W 438.10 feet along the West line of said Section 4 and along the Easterly line of that parcel of land described in Book 57O rtPage266 in the Ofrice of the Garfield County Clerk and Recorder; Thence N 75043'18" W 101.89 feet; Thence N 17o0E'41" W 115.59 feet; Thence N 53047'08" W 177.75 feet to the center of the Colorado River; Thence along the center of said river N 23043'15" E 339.10 feet; Thence N 23043'20" E 310.fi) feet; Thence N 35o0E'15, E 419.25 feet; Thence N 42056'131' E 491.62 fet; Thence N 65q01'47" E 404.40 feet; Thence N 71035'12" E 503.50 feet; Thence N E4"15'20" E 284.99 feet; Thence S 81o33'38" F.244.4lfeet; Thence S 58q02'47" L2ffi.82fwt; Thence S 68042'll" E 4E0.81 feet to the West line of the Brannan Subdivision Exemption No. 1; Thence along said VYest line and departing the center of said Colonado River S 00050'54'' E 520.60 feet to the Northeast Comer of that parcel described in Book 527 rtPrge743 as Reception No. 2938E1; Thence along the boundary of said parcel S 78q22f 10" W 328.61 feet; Thence S 08o40'15u E 430.97 feet to the Southerly Right of Way of County Road No.335; Thence along said Right of Way N 79002115" E' 4.10 feet; Thence along r curve to the right with an arc length oI303.67 fee$ a radius of 389.99 feet, e central angle of tKo36'48"r r chord bearing of S 78039"21" E, a chord length of 296.05 feet; Thence S 56%0'56t' 8284.92 feet; Thence along r curve to the left with an rnc length of 67.52 feeg a radius of 19132 feeg a ccntrrl angle of 20013115", a chord bearing of S 6627'34" f,ra chord length of 67.17 fcrlt; Thence departing said Right of Way S 17047'53" E 308.48 feet; Thence S 12052'36" E7Xi.29 feet; Thence along a curve to the right with an arc length of 236.48 feet, a radius of 54835 feet, a central angle of 24oA'34", a chord bearing of S fi)o31fl9* E, a chord length of 234.65 feet; Thence S 11049'58'r W 141.56 feet; Thence S 890'30'00" W 318.77 twt; Thence N ll30'00il W 1150.00 feet; Thence N 49qi0'00" W 395.00 feet; Thence S 70045'00" W E70.00 feet; Thence S 29000'00r' W 414.95 feet; Thence S 0fl4'42tt E64.l4foet; Thence S 8920'08" W 1308.98 fect to the Point of Beginning containing 121.4EE Acres. Irgal l2l.doc s+,# q1 VOLUME 2 Exhibrfs The Ra rds 104 Sinole-Familv Residential Units Zone District Amendment Application Subdivision Application - Preliminary Plan On the Colorado RPUD.Hdr. Vol 2 Edribils.doc