HomeMy WebLinkAbout1.0 BOCC Staff Report 05.04.1999Pu\c Cxj
Contains Supplements to Report BCC 5/4/99
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: Preliminary Plan and Amendment to the Planned Unit Development
review for the Rose Ranch application
APPLICANT: Roaring Fork Investments, L. L. C.
PLANNERS: Norris Dullea Company
ENGINEERS: High Country Engineering, Inc. - civil and traffic
EVO Consulting Services - civil
Zancanella and Associates, Inc. - water
GEOLOGIST: MTI GEO
Hepworth-Pawlak Geotechnical, Inc.
BIOLOGIST: Kirk H. Beattie
ENVIRONMENTAL Environmental and Turf Services, Inc.
SERVICES:
CULTURAL Merill Ann Wilson
RESOURCES:
ATTORNEY: Delaney & Balcomb, P.C.
LOCATION: A ranch located west of the Roaring Fork River, along the east and
west side of County Road 109, approximately 2.5 miles south of
the City of Glenwood Springs, and directly south of the West Bank
subdivision.
SITE DATA:
WATER:
Section 1 and 12, Township 7S, Range 89W. A 440 acre tract to
be combined with the West Bank subdivision golf facilities for a
total of 533.5 acres. To develop a 322 lot residential subdivision
and an associated golf facility, with additional recreational and open
space amenities.
Historic consumptive use credits, surface diversions from the
Roaring Fork River, junior rights for on-site ponds and surface
diversions, senior irrigation rights with the Glenwood Ditch, senior
irrigations rights in the Robertson Ditch, and West Divide Water
Conservancy District
Page 1 of 20
14,
SEWER: Roaring Fork Water and Sanitation District
ACCESS: County Road (CR) 109, to State Route (SR) 154, to State
Highway (SH) 82
EXISTING ZONING: PUD (Planned Unit Development)
prior Agricultural/Residential/Rural Density
ADJACENT ZONING: PUD subdivision to the north
A/R/RD and Open space to the south
A/R/RD to the west
A/R/RD and Commercial to the east
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The Proposed Land Use Districts map for Study Area 1 shows the subject site as within both a
High Density Residential (two or fewer acres per dwelling unit) district and Low Density (more
than 10 aces per dwelling unit) district. The designation of high density is based upon the
availability of central water and central sewer service to the subject site. The low density
designations are located along the river corridor and west of County Road 109 and are based
primarily upon wildlife and physicaUenvironmental constraints.
II. PROJECT INFORMATION
A. Site Description:
The subject site contained an active ranch to the east of County Road 109 which is being
phased out of active production, and steeply sloped and undeveloped terrain to the west of
County Road 109 which is considered range land and wildlife forage area. The land along
the Roaring Fork Valley to the east is gently sloping and contains both flood plains and
wetland along the river corridor, while the land west of County Road 109 is steeply
sloping above sixty (60%) percent. Vegetation on the site consists predominantly of sage
with juniper trees. Four (4) habitat types are present on the subject property and include
riparian transition, irrigated pastures, sagebrush -rabbit brush, and pinyon juniper. The site
contains various buildings associated with the household and the ranching operations
including three (3) historically significant structures which comprise a potato storage cellar
and a relocated rail structure. An abandoned railroad grade traverses the property to the
east. An historic irrigation ditch traverses the property in a north -south direction (see
Figure 1).
Page 2 of 20
B. Ad. acent Land Uses:
West Bank Planned Unit Development and golf course is located to the north of the
property and is connected to the subject site through a thirty (30') foot easement. Teller
Springs Subdivision is located to the south. The Roaring Fork River forms the eastern
boundary of the site, and the western boundary of the site is bordered by land zoned
agricultural.
C. Development Proposal:
The applicant is proposing to amend a Planned Unit Development which will consist of
lex units, 47 club homes, ten (10)
322 units, including 171 single family dwellings, 74 duplex
rent restricted apartment, and twenty (20) price restricted lots on a 440 acre tract. The
site will also contain a golf course which will link with the West Bank golf facilities to
create an eighteen (18) hole golf course with associated facilities including a restaurant, a
day care center, and a maintenance building. Additional recreational amenities are
proposed including a fishing park, overlooks, trails, greenhouse, and garden plots.a
Recreational facilities are proposed such as a swimming pool, tennis courts, playground,
and picnic area (see Figure 2).
III REVIEW AGENCY AND OTHER COMMENTS
A. Review Agency Comments:
1. Colorado Geological Survey: the State of Colorado Geological Survey reports in a
letter dated 4 December 1998 that the design changes conducted in conformance
with the conditions of PUD approval, as well as the updated engineering and
geotechnical reports, have resulted in an improved preliminary plan. The State
Geologist notes that the risks of soil collapse, sink hole subsidence, and debris flow
still remain, but should be lessened provided the mitigation measures are followed.
The Survey recommends the following three (3) conditions:
• recommendations of the geotechnical consultant must be complied with;
• designs shown on the PUD construction documents must be followed; and
site specific foundation investigations and drainage recommendations must be
required (see Figure 3a).
The most recent letter from the State Geologist dated 22 February 1999 in
reference to the golf course cart path notes that the intermittent stream, which the
ows
boardwalk cart path will straddle,dist indicates that the proposed debriflflow
and flash flooding. The State Geologist g
mitigation designs and the electronic warning system as proposed, as well as the
submitted geotechnical design for the boardwalk foundations, scour, and cut slope
grades should be sufficient to manage the geomorphological concerns noted (see
Page 3 of 20
Figure 3b).
Division of Wildlife: the State of Colorado, Department of Natural Resources,
Division of Wildlife (DOW) met with the applicant in the field to review mitigation
measures imposed with the Board of County Commissioners' PUD conditional
approval (see Figure 4).
3. Division of Water Resources: the State of Colorado Office of the State Engineer
Division of Water Resources letter of 4 February 1999 states "The proposed water
supply will cause material injury to decreed water rights and is inadequate."
However, the applicant has obtained the required Amended Findings of Fact,
Ruling of Referee, and Decree of Court from the District Court, Water Division
No. 5, Colorado (see Figures 5a and 5b).
4. Mount Sopris Soil Conservation District: the Mount Sopris Soil Conservation
District has not responded to this application.
5. Bureau of Land Management: the United States Department of the Interior Bureau
of Land Management reports no concerns with this application.
6. Carbondale & Rural Fire Protection District: the Carbondale & Rural Fire
Protection District has notified the County that they will be meeting with the
Roaring Fork Water and Sanitation District to discuss future extensions of the
water system to the existing developed areas along County Road 154 (see Figure
6).
Roaring Fork School District RE -1: the Roaring Fork School District RE -1 is
requesting cash in -lieu of land dedication based upon the current District
Resolution (see Figure 7).
8. Roaring Fork Transit Agency: the Roaring Fork Transit Agencies (RFTA) reports
that the proposed increase in density will result in a percent change of 10.3 which
have been applied to the mitigation of transit impacts previously assessed for the
sketch plan.
The report recommends the following four (4) requirements:
• provide for rolling stock capacity equivalent to $184,201 of a transit bus and a life
span of twelve (12) years;
• commit to an operating subsidy of$18,300;
• finance a Park and Ride facility adjacent to SH 82 with an estimated cost of
$222,254; and
• support parking lot maintenance and snow removal at a cost of $10,478 per year
(see Figure 8).
Page 4 of 20
9. Roaring Fork Railroad Holding Authority: the Roaring Fork Railroad Holding
Authority (RFRHA) has stated the following two (2) requirements:
• the applicant must not encroach upon the railroad right-of-way with the proposed
road improvements; and
• the applicant shall conduct a survey of the right-of-way and place physical barriers
along the property line which would serve to forbid any improvements from
impacting the railroad property (see Figure 9).
10. Eagle County: Eagle County has not commented on this application (Figure 10
pending).
11. Pitkin County: Pitkin County notes that the PUD condition of approval which
stipulated the provision of affordable housing units on-site must be adhered to.
Pitkin County also supports the requirement of the applicant to pay its
proportional share of operational, maintenance, rolling stock, and park and ride
facility costs for public transit (see Figure 11).
12. Garfield County Road and Bridge: the Garfield County Road and Bridge
Department has listed six (6) major deficiencies in the application as follows:
• The site plans fail to show the existing culverts under County Road 109. The
number of existing culverts is currently deficient resulting in the present settling
problems with CR 109. Additional piping under CR 109 will be necessitated.
• No details have been provided of the three (3) proposed cart underpasses. Guide
rails have not been designed for the roadways above the underpasses. These
proposed underpasses will function as drainage culverts within the County's
maintained right-of-way. An agreement must be drafted to transferred
maintenance responsibility to the subdivision/golf course.
• The twelve (12") inch water main proposed to be placed within the right-of-way of
CR 109 must be relocated further on-site to avoid additional settlement of the
roadway.
• Turn lanes must be provided on CR 109 for vehicles entering the Rose Ranch
development due to the quantity of traffic projected to be generated by the
subdivision and golf facilities.
The proposed improvement to CR 109 near River Ranch Drive must be
constructed to the same standards as the existing roadway with a minimum of four
(4") inches of asphalt.
A two-way stop must be designed for the junction of CR 109 with CR 154 (see
Figure 12).
Page 5 of 20
13. Garfield County Health and Human Services: Garfield County Health and Human
Services recommends that home-based child care be a permitted use within higher
density zone districts.
14. Garfield County Sheriffs Department: The Garfield County Sheriffs Department
reports no concerns with this proposed preliminary plan.
15. Colorado Department of Transportation: the Colorado Department of
Transportation - pending (see Figure 13 pending).
B. Comments from Organizations:
1. Roaring Crystal Alliance: the Roaring Crystal Alliance has not commented on this
preliminary plan submission.
2. Glenwood Springs River Commission: the Glenwood Springs River Commission
has not commented on this preliminary plan submission.
3. Roaring Fork Valley Biological Inventory: the Roaring Fork Valley Biological
Inventory has not commented on this preliminary plan submission.
4. Carbondale Affordable Housing Corporation: the Carbondale Affordable Housing
Corporation has not commented on this preliminary plan submission.
5. Glenwood Springs Board of Realtors. Inc.: the Glenwood Springs Board of
Realtors has not commented on this preliminary plan submission..
C. Letters from Concerned Citizens: See Figures 14 - 23
IV. MAJOR ISSUES AND CONCERNS
A. Zoning District Amendments:
The previously approved PUD called for 292 residential units on 440 acres for an average
density of 0.54 units per acre. The plan proposed single family units, duplexes, club
houses, golf facilities (including a restaurant and day care center), recreational amenities
(including a pool and tennis courts), and open space (including trails and overlooks).
The proposed amended PUD calls for zone district and text amendments to allow for an
increase in density of ten (10%) percent. This increase in density is requested to
accommodate the condition of thirty (30) affordable housing units in -lieu of incorporating
such units from within the originally approved density for this project.
Page 6 of 20
The proposed amended PUD calls for 322 residential units on the 440 acre site for an
average density of 0.60. Of the conditionally required 29.2 (30 rounded) affordable on-
site units, the applicant proposes that ten (10) be configured as rent restricted rental units
within the club home area. The remaining twenty (20) affordable on-site units are
proposed to be amended as twenty (20) price restricted lots within a club home parcel
expanded by two (2) acres to be designated as a separate parcel. These two (2) acres have
been pulled from the original golf course and open space area. Aside from the removal of
one overlook proposed to be located along the trail west of County Road 109, the
proposed golf course facilities and recreational amenities shall remain as originally
approved.
B. Additional PUD Amendments Requested:
The applicant is requesting an amendment to the Board of County Commissioners'
resolution of conditional approval to allow grading in areas exceeding thirty
(30%) percent slope. The Board stated in Resolution 98-80 that grading shall not
be proposed or conducted on slopes greater than thirty (30%) percent. The
applicant states that grading in areas greater than thirty (30%) percent slope are
proposed to occur in the water tank site, water tank access road, golf cart path up
the drainage gulch, golf cart underpasses below County Road 109, and some areas
within the golf course.
2. The applicant is requesting an amendment to the Board of County Commissioners'
resolution of conditional approval to allow buildings to be located less than one
hundred (100) feet from the Roaring Fork River bank. The Board established
in Resolution 98-80 a minimum setback for buildings lots at one hundred feet
(100') from the river bank.
The applicant is requesting an amendment to the Board of County Commissioners'
resolution of conditional approval to allow non-native grasses for planting on
fairways and lawns. The Board stated in Resolution 98-80 that the applicant
will make use of native vegetation which requires less water consumption by
requiring the planting of native grasses on all fairways and lawns on the site.
C. Subdivision:
The proposed PUD calls for 322 homes on lots ranging in size from over one (1) acre to
8,000 square feet. The club houses will have a density of six (6) units to the acre. The
PUD calls for one new zone districts on the site, Golf II, for a range of districts as follows:
► River Residential 1 Zone District
► River Residential 2 Zone District
► 20,000 Square Foot Residential District
► 15,000 Square Foot Residential District
Page 7 of 20
► 9,000 Square Foot Residential District
► Duplex Residential Zone District
► Club Homes Residential Zone District
► Common Open Space Zone District including
► Community Park
► Golf Course
► Community Open space
► Golf II Clubhouse Apartment new district addition (see Figure 24).
D. Comprehensive Plan Compliance:
The Garfield County Comprehensive Plan of 1994 lists housing, transportation, traffic
mitigation, street design, visual corridor, recreation, open space, fishing/rafting activities,
rural landscape, trails, wildlife habitat, water and sewer systems, environmental
constraints, natural drainages, wetland and riparian areas, soil constraints, ecological
resources, and excessive cut and fill goals which apply to this proposal.
E. Soils/Topography:
The "Preliminary Geotechnical Study Rose Ranch Development County Road 109
Garfield County, Colorado" reports that alluvial fans form an alluvial apron along the base
of the bluff in the eastern part of the project area. River alluvium is present along the river
channel and five (5) terraces are adjacent to the channel. Sinkholes of twenty (20') feet to
two -hundred (200') feet are present on the site and have a depth of between one (1') foot
to twenty (20') feet. Additionally, smaller sinkholes are present on the property. These
sinkholes result from the collapse of subsurface voids in the formation rock and in terrace
deposits.
The report states that the more severe constraints are associated with the alluvial fan
flooding and the potential for sinkholes which may require some modification of the
project design. The report also notes that the ephemeral channels and the alluvial fans are
susceptible to debris floods and viscous debris flow landslides associated with intense rain
and snow melt. Additionally, the entire fan surface is considered a potential flood area;
therefore, channel and bank stability may be critical.
The report recommends that no grading should be considered on slopes greater than
thirty (30%) percent.
F. Road/Access:
Access to the site is from County Road 109 via County Road 154 and State Highway 82.
The proposed PUD will utilize an easement though the West Bank subdivision for golf
cart travel through a canyon to access the golf holes located atop the steeply sloping
Page 8 of 20
terrain. Three (3) golf cart underpasses are proposed to be installed under CR 109 to
cross this roadway.
A permit. from the Army Corps is required, for any activity within this canyon drainage
area.
G. Fire Protection:
The application will meet the minimum required water system flow rate of 1,500 gallons
per minute.
H. Water:
The application has not included evidence of a water court approved augmentation plan.
The applicant has proposed to utilize surface water diversions through the Robertson
Ditch, the Glenwood Ditch, and from the Roaring Fork River.
I. Wastewater:
The applicant has secured adequate sewage treatment capacity from the Roaring Fork
wastewater treatment plant for the project.
J. Road Impacts:
The applicant has provided staff with a Highway Access Permit. Access to the highway
has been granted as evidenced by this permit. The applicant is proposing signalization of
the intersection of County Road 154 with State Highway 82 at Phase I. The Traffic Study
contained within the application notes that signalization of the intersection is
recommended to improve an otherwise failing intersection whose condition will worsen
with the proposed increase in development.
The Colorado Department of Transportation may require a grade separated intersection.
K. PUD Requirements:
The proposed PUD amendment to allow for twenty (20) price restricted lots in -lieu of the
construction of twenty (20) deed restricted units is not in compliance with the Board of
County Commissioner's resolution of condition approval which states that the applicant
"provide a preliminary plan for ten percent (10%) of the total housing units proposed as
attainable housing units to he located on the project site."
RECOMMENDED FINDINGS:
Page 9 of 20
A. The Board of County Commissioners must be able to confirm the following facts
before granting approval of the proposals:
1. That proper public notice was provided as required for the hearing before the
Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That the proposed PUD Amendment and the proposed Preliminary Plan is in the
best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning Resolution
of 1978, as amended, and the Garfield County Comprehensive Plan of 1994, as
amended.
VI. OUTSTANDING PLAN DEFICIENCIES
The following deficiencies exist in the current preliminary plan application, which have still
not been adequately addressed, and must be fully remedied.
A. Information contained within the application including those listed below:
1. The applicant shall make three (3) locations on the north end of the West Bank
Golf Course available for public access for fishing while working with the Division
of Wildlife on siting these locations. The applicant shall propose the three (3)
locations - pending review by DOW.
2. The permit applicant shall ensure the donation of the following public finances to
the Roaring Fork Transit Agency at the time of building permit:
a. provide for rolling stock capacity equivalent to $184,201of a transit bus
and a life span of twelve (12) years;
b. commit to an operating subsidy of $18,300;
c. finance a Park and Ride facility adjacent to SH 82 with an estimated cost of
$222,254; and
d. support parking lot maintenance and snow removal at a cost of $10,478
per year.
Page 10 of 20
3. The applicant shall provide the following information for review by the Road and
Bridge Department of Garfield County:
a. show the location of the existing culverts under County Road 109. Design
for additional piping under CR 109 to avoid further settlement of the
roadway;
provide details of the three (3) proposed cart underpasses. Design Guide
rails for the roadways above the underpasses. Draft an agreement to
transfer maintenance responsibility of the golf cart underpasses to the
subdivision/golf course. The applicant, or subsequent golf course owner,
shall maintain and clean the concrete structures protecting the golf path
with each debris flow event;
c. relocate the twelve (12") inch water main, proposed to be placed within the
right-of-way of CR 109, further on-site to avoid additional settlement of
the roadway,
provide turn lanes on CR 109 for vehicles entering the Rose Ranch
development due to the quantity of traffic projected to be generated by the
subdivision and golf facilities;
e. construct the proposed improvement to CR 109 near River Ranch Drive to
the same standards as the existing roadway with a minimum of four (4")
inches of asphalt; and
f. design a two-way stop for the junction of CR 109 with CR 154.
The applicant shall ensure at the time of final plat security for tap fees or proof of
payment for the tap fees for the entire project.
B. All representations made by the Applicant in relationship to the wildlife plan
including the following items listed below:
The applicant shall create a mitigation plan which describes conformance with the
Division of Wildlife's conditions, as part of the preliminary plan submittal,
including the following:
a. place educational signs at the primary overlook regarding golden eagle
nesting, and undertake the closure of the ridge south of the eagle's nest
from 15 March through 1 July with fines imposed on those found in
violation,
Page 11 of 20
b. place within the protective covenants the closure of the upper golf course
and ridge to human activity, excluding maintenance, from 1 December
through 31 March with a gate and a sign and fines imposed for any
violation thereof;
c. install habitat improvement measures on the upper bench west of CR 109,
undertake the development of a site plan with the DOW, and provide for
the maintenance and the protection from disturbance of the native
vegetation outside of the golf course, change Article IV #12(d)(ii) page 16
in the covenants and remove any references to converting the native
vegetation to grasses in the 110 foot buffer between Teller Springs and
Rose Ranch;
d. forbid the construction of the water tank and the line west of CR 109 from
15 March through 1 July due to golden eagle nesting activities;
e. plant vegetation along the east boundary of proposed Lots 108 through
118, 70 through 80, and 76 through 77 in accordance with the vegetative
screen plan approved by the DOW;
f. in addition, modify the southernmost Roaring Fork River overlook and
move the trail and overlook back to Lot 96, and fence and sign the area
during the heron's critical nesting period;
g.
create an educational brochure for distribution to all homeowners on how
to live with wildlife;
h. ensure a 50 -foot setback from the wetlands to the home -site by setting
flags in the field and provide language in the covenants to ensure this;
i. maintain the 110 foot buffer between Rose Ranch and Teller Springs in
native vegetation, ensure such vegetation retention in the covenants, and
install vegetative screening along all of those lot boundaries;
j. provide a public fishing easement along the West Bank property
downstream from the bridge;
k. include the language agreed to in the DOW letter of 5-4-98 on page 3
regarding the hazing of elk and deer from the golf course in the covenants;
1. include the language contained in Figure 4 page 3 (attached) in the
covenants;
Page 12 of 20
m. note that the Division of Wildlife is not liable for damage caused to
landscaping, ornamental plants, or the golf course caused by deer and elk
or other wildlife;
n. note that homeowners and golf course personnel will be responsible for the
proper disposal of carcass' struck by vehicles;
o. install an artificial nesting platform on the east side of the river by the
rookery to take place during the summer or early fall after the herons have
abandoned the rookery for the year; and
P. prohibit the construction of second story decks and/or balconies facing the
rookery for proposed Lots 108 through 118 unless a screening plan subject
to approval by the Division of Wildlife is submitted;
C. All representations made by the Applicant concerning the Carbondale &
Rural Fire Protection District including the following items listed below:
1. Information to be submitted with the preliminary plan including the following:
a. ensure that water supplies from the Rose Ranch development are made
available for future extension to these areas for fire protection purposes.
Stub and size the lines appropriately so that they are available for future
tap -ins for fire flow, and
b. provide impact fees adopted by the Carbondale & Rural Fire Protection
District which are due prior to recording of a final plat;
D. All items indicated in the resolution of conditional approval including the
following items listed below:
1. Grading shall not be proposed or conducted on slopes greater than thirty (30%)
percent.
Rebuild the road or provide the finances to do such should irrigated golf course
holes 11 and 12 immediately above County Road 109 result in a continuation of
road damage. The preliminary plan shall provide the method by which the owners
of the golf course will secure performance of this obligation.
3. At the time of preliminary plan submittal, the developer shall provide the method
by which indemnification will be financially secured.
Page 13 of 20
4. Make use of native vegetation which requires less water consumption by requiring
the planting of native grasses on all fairways and lawns on the site. The plan shall
also abide by the recommendations of the consultant's golf course management
report at the time of preliminary plan submittal.
5. Provide cash in -lieu -of the calculated dedicated land, to be paid at the time of final
plat approval, to compensate for the increase in school children generated from
this proposed development. The cash amount shall be set at the time of final plat.
6. Establish a minimum setback for buildings lots at one hundred feet (100') from the
river bank at the time of the preliminary plan submittal.
7 Provide a preliminary plan for ten percent (10%) of the total housing units
proposed as attainable housing units to be located on the project site. The housing
shall be created to accommodate individuals who earn within 80% of the median
income in this valley with no more than 1/3 rd of their income spent on total
housing costs. Price restricted lots do not conform with this condition of
approval which clearly states "housing units" which are "to be located on the
project site."
Provide plans and a construction schedule at the time of preliminary plan
submission regarding the following:
a. construct a controlled intersection upon approval of the first final plat
unless the Colorado Department of Transportation (CDOT) requires a
grade separated intersection. In which case, the applicant shall contribute
its fair share of the total cost to construct a grade separated access at the
intersection of SR 82 with CR 154; and
b. utilize the existing CMC turnoff intersection for left-hand turns to serve
this project. Unless a signalized intersection is approved by CDOT at
this location, left-hand turns shall be eliminated for safety reasons.
9. Provide payment of the applicable road impact fee at the time of final plat
approval.
10. The applicant will be allowed to use a maximum building height of up to thirty-five
(35') feet in all areas except PA 3, PA 8, and PA 9.
11. Require xeriscape landscaping measures for all proposed homes located on the
unirrigated alluvial fan and collapsible soils within the development as part of the
covenants at the time of preliminary plan submission.
Page 14 of 20
All recommendations of conditions of compliance as contained within the
letter from Wright Water Engineers dated28 April 1999 as itemized below:
(see Figure 25).
The Engineering review's primary concerns relate to wetlands 404 permitting and
drainage along the golf cart path in the Northeast Dry Park Drainage [Sections 4.91.C,
4.80.D, 4.94 4.92.C, 9.51, and 9.41].
This report presents Wright Water Engineers' review of supplemental information
submitted for the Rose Ranch Preliminary Plan. The supplemental information includes
the following:
• Letter from High Country Engineers (HCE) to Victoria Giannola dated April 7, 1999.
• Revised drawings prepared by HCE dated March 24, 1999.
• Letter from U.S. Army Corps of Engineers (USACE) to HCE dated April 5, 1999.
• Revised drawings prepared by HCE dated April 20, 1999.
• Scour calculations prepared by HCE dated April 20, 1999.
• Final decree in Case No. 97CW236 dated March 22, 1999.
• Westbank well location map prepared by HCE dated January 12, 1999.
• In addition, Wright Water Engineers, Inc. (WWE) met with County staff and the
applicant's consultants on April 8, 1999 to discuss the status of new submittals and
reviews and the concerns with 404 permitting raised in the USACE's April 5, 1999
letter.
CART PATH
1. Provide the final documentation on the Section 404 permitting as required by the
United States Army Corps of Engineers (USACE). The revised cart path layout,
grading, and drainage appear to address the concerns raised by Wright Water
Engineers, Inc. (WWE). However, we have not seen any documentation on final
resolution of Section 404 permitting issues with the USACE
2. The structural design of the wood boardwalk may require minor modifications for the
cart path at approximately Stations 7+80 and 9+40. The size of piers would likely be
increased if bedrock was not encountered within five feet of the ground surface.
Page 15 of 20
WETLANDS 404 AND PERMITTING
3. As mentioned above, we have not seen documentation on the final resolution of
Section 404 permitting with the USACE. WWE spoke with David Steinmann of
PWC and he indicated that the USACE would be providing a written response prior
to the May 4, 1999 BOCC hearing. We also spoke with Sue Nall at the USACE and
she indicated that the USACE is preparing a letter which will include the following:
► The raised boardwalk will not be regulated as fill discharged into waters of the U.S.
assuming adequate water conveyance is provided. Water conveyance is the primary
function of this drainage.
► A permit will be required for the debris flow structures, County Road 109 underpass,
and road crossings of the drainage. It appears that these items could be permitted
under a Nationwide 26 Permit. The USACE is asking the applicant to submit
additional information in support of a Nationwide 26 Permit. The information will be
forwarded to the Environmental Protection Agency, United States Fish and Wildlife
Service, and Colorado Division of Wildlife for a pre -construction notification review
process. After receiving comments, the USACE will make a determination regarding
authorization of the project under a Nationwide 26 Permit.
4. The grading and drainage for the proposed golf hole No. 15 has been revised to
address the USACE's concern with filling and culverting the existing drainage
channel. The debris flow crib wall structures were modified to reflect the drainage
changes.
The proposed enlargement of the existing ponds on the Westbank golf course may
require 404 permitting. There was no correspondence in the submittal regarding this
issue. David Steinmann said he received a letter from the U.S. Army Corps of
Engineers confirming that no permitting was required.
WATER SUPPLY - Westbank Wells
► Three potential mitigation measures to protect the Westbank wells from golf course
fertilizers and pesticides were discussed with the applicant in a teleconference with the
County staff on April 8, 1999. We received follow up correspondence on this issue
on 28 April 1999 (see Figure 26).
6. A minimum 100 -foot separation buffer shall be maintained between any new golf
course area and the three existing Westbank wells. WWE believes that the other two
mitigation measures (a non-fertilizer/non-pesticide use zone and the organic
fertilizer/pesticide use only zone) would be difficult to implement from a practical
operations and maintenance standpoint.
Page 16 of 20
F. All items recommended by the Planning Commission and listed by the Board of
County Commissioners at the public hearing as itemized below:
1. The developer shall compensate the County for retention of an independent
geotechnical engineer to review and to monitor all of the mitigation measures that
were proposed in the applicant's submission for both the preliminary plan and the final
plat.
G. All recommendations of conditions of compliance as contained within the letter
from the Colorado State Geological Survey dated 4 December 1998 as itemized
below:
Recommendations of the geotechnical consultant must be complied with including
the following:
a. Follow the designs shown on the PUD construction documents; and
b. Require site specific foundation investigations and drainage recommendations
[Section 9.12].
He All recommendations of conditions of compliance of the Roaring Fork Railroad
Holding Authority:
1. RFRHA has stated the following requirements:
a. the applicant must not encroach upon the railroad right-of-way with the
proposed road improvements; and
b. the applicant shall conduct a survey of the right-of-way and place physical
barriers along the property line which would serve to forbid any improvements
from impacting the railroad property.
I. PUD and Preliminary Plan Deficiencies:
The PUD zone district text shall define "home offices" and shall include home-based
child care as a permitted use within higher density zone districts.
2. The layout of the internal parking lot for the clubhouse and golf course should show
the placement of stop signs at the internal intersections to ensure safe traffic flow
within the parking area [Section 4.60.D].
Page 17 of 20
3 The recommendations for mitigation of settlement and distress to buildings,
roadways, and utilities as contained within the Hepworth-Pawlak report of 10
September 1998 shall be adhered to during site construction [Sections 4.60.E and
4.70.A].
The provision that unused garden plot area could be landscaped shall be removed and
instead language shall allow the placement of native lawn seed for these areas
considered to be temporarily not in use.
5. A vicinity map from the U.S.G.S. quadrangle shall be included on the preliminary plan
map which shows the entire area of the proposed subdivision [Section 4.50.E].
6. The land use breakdown, including total area, number of lots, number of dwelling
units, area of non-residential floor space, dwelling units, off-street parking, and
density shall be transferred to the plan sheet [Section 4.50.J].
7. An evaluation of potential radiation hazards shall be prepared for the subdivision
[Section 4.60.F].
8. All utility and road maps shall be labeled "Not for Construction" [Section 4.93].
9. Provide a Phasing Plan which shall ameliorate the impacts upon the housing needs
generated by the project at the time that those impacts would arise [Section 4.50.B].
10. The site plan shall show the location of the proposed (20) affordable housing units
[Sections 4.50.G and 9.20].
11. The site plan shall locate the proposed duplex structures on the plan sheet and the
associated internal travel circulation pattern [Section 9.20].
VII. RECOMMENDATION OF STAFF
A. Request for PUD Amendment:
It is recommended that the Garfield County Board of Commissioners approve with
conditions the application for the Rose Ranch Amended PUD (see Figure 27).
The proposed increase in density to meet the requirements of affordable housing does not
result in substantial change to the design of the subdivision nor does it result in adverse
impacts upon the site. While the applicant's request to construct ten (10) rent restricted
affordable rental units and design a new zone district labeled Golf II Clubhouse Apartments
should be approved, the request to provide merely price restricted lots without actual units
should be denied as it is in direct conflict with the recorded resolution's condition of
approval to provide affordable housing units on-site.
Page 18 of 20
However, the requested text amendments regarding setbacks from the river, non-native
landscaping, and grading on steep slopes is in direct opposition to the resolution of
conditional approval issued by the Board of County Commissioners. In particular, the
request to conduct extensive grading on slopes above thirty (30%) percent is in direct
conflict with the applicant's consulting geotechnical engineer's report which states that no
grading should be considered on slopes greater than thirty (30%) percent.
Therefore, staff recommendation is approval of the proposed density increase from 292
units to 322 units with the condition that the increase in thirty (30) units consist of ten (10)
rent restricted rental units within the newly designated Golf II Clubhouse Apartment Zone
District and twenty (20) deed restricted affordable housing units which are to be located on
the project site. All other requests for PUD Amendments are to be prohibited.
B. Request for Preliminary Plan Review:
The staff concurs with the Garfield County Planning Commission's recommendation of
conditional approval with the exception of item VIII.A.6.
VIII. PLANNTNG COMMISSION RECOMMENDATION
A. Request for Preliminary Plan Review:
The Garfield County Planning Commission has put forth a recommendation of conditional
approval of the Preliminary Plan application for Rose Ranch based upon the staff items
listed above (which include V.A.1,3a-f, 4, 5; B.la-q; C.1a-b; D.2, 3, 5, 6, 8, 9a -b, 10, 12,
13, 14; E.1-12; F.1; G.1 a -b; H.la-b; and I.1-11) in addition to the following items:
1. Complete the cart path redesign in the drainage gulch before appearing before the
Garfield County Board of Commissioners and at least two weeks prior to the
scheduled hearing before the Board.
2. Obtain preapproval for the three golf cart underpasses and the road work on County
Road 109.
3. Finalize copies of the indemnification agreement for securities for County Road 109 in
the event of damage.
4. Complete all conditions outlined in the engineering review by Wright Water
Engineers.
Obtain an letter of material non -injury from he Division of Water Resources regarding
water rights and usage.
Page 19 of 20
6. Establish a structure for the collection of $750.00 per unit to be issued to the Roaring
Fork Transit Authority for public transit facilities and services.
B. Request for PUD Amendments:
The Garfield County Planning Commission put forth a recommendation of approval
of the application to allow grading on slopes above thirty (30%) percent in
specified areas for the Rose Ranch Amended PUD to the Garfield County Board of
Commissioners.
The Garfield County Planning Commission put forth a recommendation of approval
of the application to allow planting of non-native landscaping in accordance with
the Golf Course Management Plan for the Rose Ranch Amended PUD to the
Garfield County Board of Commissioners.
3. The Garfield County Planning Commission put forth a recommendation of approval
of the application to allow setbacks on specific buildings lots of between 70 and 90
feet from the river bank for the Rose Ranch Amended PUD to the Garfield County
Board of Commissioners.
4. The Garfield County Planning Commission put forth a recommendation of approval
of the application to allow a maximum building height of up to thirty-five (35')
feet in specified areas for the Rose Ranch Amended PUD to the Garfield County
Board of Commissioners.
The Garfield County Planning Commission put forth a recommendation of
conditional approval of the proposed density increase from 292 units to 322 units
with the condition that the increase in thirty (30) units consist of ten (10) rent
restricted rental units within the newly designated Golf 11 Clubhouse
Apartment Zone District and twenty (20) deed restricted affordable housing
units which are to be located on the project site.
Page 20 of 20