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HomeMy WebLinkAbout2.0 Staff Report PC 06.13.0706113107 Exhibits for Public Hearing of the an ror ffi ffi@ffi A Ma I Receipts B Froof of Publication C Garfield County ZoningResolution of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 f,'Staff Report G Application for Preliminary Plan H Letter from Colorado Geologic Survey, dated May 17"',2007 I lrtter Mountain Cross Engineering, dated May 24"',2007 J Letter from Colorado Division of Water Resources, dated Apil27,2007 K Resolution No. 2004-20 L Email from Garfield County Environmental Health Department, dated May 11"', 2007 PI for Phase III Ironbrid Bar,coMB & Gnrcnx, P.C. ATTORNEYS AT IJA.W EDwARo MULHALL, JR ScoTT BALCoMB LAWRENCE R. GREEN TrMorHY A. THULSoN DAVID C. HALLFoRD CHRTSToPHER L. CoYLE THoMAS J. HARTERT CHRTSToPHER L. GETGER SARA M. DUNN DANIEL C. WENNoGLE ScoTT GRosscUP JoRDAN MAY P.O. DRAW.ER 79O A1A COLORADO AVENI]E Gr/EN.W.OOD SPRTNGS, COT,ORADO 81602 oF couNsEL: JOHN A FacsrMrr,E: 9?O.945.89OP www.balcombgreen.com August 9,2007 KENNETH BALCOMB t920-2005 VIA: Hand Delivery and Email: crichardson@garfield-county.com Craig Richardson Garfield County Department of Building and Planning 108 8th Street, Ste.401 Glenwood Springs CO 81601 Re: Applications for PUD and Preliminary Planilronbridge PUD Phase Dear Craig: By this letter Applicant, LB Rose Ranch LLC, requests that the Board Commissione/s hearing on the above-referenced applications and presently for August 27, ?.007 be vacated. As discussed, Applicant would like the resolve the present outstanding issues relating to the timely provision of dwelling units within the PUD. When this issue is resolved we will re-notice hearing as scheduled. Very truly yours, BALCOMB & GREEN, P.C. Dirk Gosda David |oseph Tom Schmidt County BOCC Cc: PC 06/1312007 CR lronbridge Phase lll Preliminary Plan APPLICANT / OWNER REPFESENTIATIVE LOCATION SITE DATA EXISTING ZONTNG LB Rose Ranch, LLC Mike Wilke Timothy Thulson, Balcomb & Green P.C 3.5 miles south of Glenwood Springs, Cd, cR 109 45.29 acres/ 61 Lots PUD River Residential 1/ 20,000 Square Foot Residential/ 15,000 Square Foot 9,000 Square Foot Residential Approval with conditions PC 0611312007 CR I REQUEST LB Rose Ranch, LLC. is seeking Preliminary Plan approval for the third and final phase of development as approved in the lronbridge Planned Unit Development (PUD). The final phase of development includes re-subdivision of Future Development Phase lll, of the Amended and Restated Final Plat for lronbridge PUD. All lots within Ironbridge Phase lll are subject to all applicable terms, conditions provisions set forth in all Resolutions approved by the Board of County pertaining to this development. ll Referrals Staff has referred the applicdtion to the following State agencies departments for their review and comment: Garbondale Fire Protection District: No Comments Received Roaring Fork Water and Sanitation: No Comments Received Roaring Fork RE-I School District: No Comments Received Cotorado Division of Wildlife: No Comments Received Colorado Division of Water Resources: Exhibit J Colorado Geologic Survey: Exhibit H Garfield County Road & Bridge Department: No Comments Received Garfield County Vegetation: No Comments Received Mountain Cross Engineering lnc. (engineering review for GarCo Building and Department): Exhibit I lanning III GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN Ironbridge PUD is situated within Study Area I of the Garfield County Comprehenbive Plan of 2000 (the Plan). The subject area is identified as "Subdivision". This reqtpest is consistent with the Plan. IV APPLICABLE ZONING STANDARDS AND REGULATIONS The following is an analysis of the PUD zoning within the proposed Phase lll: River Residentiat 1. 20,000 Square Foot Residential (minimum)o 15,000 Square Foot Residential (minimum)o 9,000 Square Foot Residential (minimum) V SUPPLIMENTAL INFORMATION Geoloqv and Soils: The potential of sinkholes occurring on site has been throughout the development of the subject property. This issue was again add letter from Jonathan L. White, of the Colorado Geological Survey. This area the plat Roaring Fork River Valley is identified as having the highest density of sinkholes Colorado. Staff suggests that the Planning Commission recommend the note: PC 06/1312007 CR "There are potential on-site risks concerning settlement from collapsible soils and risk of spontaneous ground openings related to evaporite karst phenomena" Materials submitted by HP Geotech suggest that levels of Radon Gas may be present. The ability to test for this gas is ditficult to test prior to construction of buildings. lt is suggested that once buildings are constructed that tests for Radon Gas be done. Typically buildings are vented in lower enclosed areas to mitigate this issue. WaterMastewater: Water and sanitation seruices will be provided by Roaring Fork Water and Sanitalion. Statf has received a letter of no material injury from the Office of the State Enginepr, Division of Water Resources. Wildlife: The applicatioh included the original wildlife report presented at the time of PUD {pprova!. plat. Plan Sheets 2. GR-01: No outtet protection is shown for the drain system. 3. GR-01, 02, & 03: Erosion Control Blankets should be called out on the 4. GR-01, 02 & 03: lt is somewhat unconventional to create a significant grade within building envelopes. These fills are often prone to settling and Significant care will need to be taken to ensure specified materials are compaction is obtained. 5. PPSS; Sewer line is very deep. Deeper than a backhoe can typically benching may be required. Provisions for safety will need to be considered fd enteringl, Larger diameter manholes may be necessary with instatled landing platforms at elevations them. What is the reason for the depth? 6. PPSS; The slopes of the pipe are very ftat. Great care will be needed to get tfie pipe at grade considering the depths proposed. PPSS; The 18" RCP crossing at station 97+50 of the SS /ine is very close,for concrete encasement. lt is within a few inches. Verify the feasibility of this. PPSD: The storm drain line is very deep. This will make maintenance very Details have not been included for these deep boxes. At this depth consi should be given to landing platforms for the safety of those entering and e and descending the ladders. lnstead perhaps additional manholes could be at the tops and bottoms of grade breaks to follow grades more closely. those 7. 8. Staff finds that a new study is not warranted. Drainaqe PIan: The Phase lll drainage plan proposes a curb and gutter system as approved in Pfase ll. Chris Hale P.E. of Mountain Cross Engineering reviewed the application on behalf of Garfield County and provided the following comments: Preliminaru Plat I t Oranage should be added to the use of the side, rear, and front easements oln the PC 06/13/2007 CR 9. PPSD: The storm drain line is within 18" from the top of the water line in multiple locations. Separation should be verified with consideration given for the wall thicknesses of the pipes. Drainaoe Report lO.Water spread within the streets is a cause for some concem. Generally lane of traffic should remain open during major storms for the safe passage emergency vehicles and apparatus. The depths proposed would put the of the road under a minimum of 6" of water, deeper for the rest. These depths breach the back of the curb and gutter and any attached bike path spilling the lots. These depths and allowable spreads should be verified as emergency response entities. Also the spilling of water onto adjacent lots considered and drainage swales, berms, piping, and other drainage considered for the safe conveyance of the minor, 25-year storm.a, ,v egrv vva , t vtq, ,vv va aa ,v a t 4,, ,v, , Staff would like the Applicant to address comments 4, 5, 6,7 , 8, I and 10 during the public hearing before the Planning Commission. Statf recommends comments 1,2, and 3 be included as conditions of approval. AssessmenUlmpact Fees: The Applicant wil! be responsible for Gadield County Road lmpact Fees, RE-1 SQhool District, and Carbondale Fire Protection District requirements at the time of Final plat. V! lssues and ConcernsEFvirffipartment anager provided the following comments: 1. A CDPHE Construction Storm water permit or an amendment to an existinp permit should be in place for approval. 2. Application for or a letter stating no need for a construction permit from thICDPHE Air Pollution Control Division should be submitted for final approval. I3. I have requested a copy of the Roaring Fork Water and Sanitation District'f most recent consumer confidence report. The water quality data submitted is O{ite old and really does not serue its purpose for a 2007 application. 4. Developers need to abide by the Colorado noise statutes. 5. Storage of any hazardous materials on site during development needs to \e managed in accordance with applicable Federal, State and local laws and regulations. Staff suggests the Planning Commission require completion of comments one (1) and two (2) prior to the review by the Board of County Commissioners. ln order to insure pll State regulation applicable to this developed met. The determination regarding a CDPltlE " into by tlr the be construction permit shall come directly from the Air Pollution Control Division. PC 06/13/2007 cR Affordable Housinq: This application does not address the remaining Affordable Housing Units required as part of this development. Twenty-four (24) deed restricted affordable units have been platted in the previous phases. Approval of Phase Ill creates a total of 316 dwelling units with only twenty-fou r (24) affordable housing units. The Applicant is required to provide six (6) more units to futfill the development's requirements. These remaining six (6) units may be constructed off-site but must be addressed by the Applicant prior to apprdval of the Preliminary Plan Resolution No.2004-20 Modification of lronbridge PUD The Applicant is required to have constructed and sold or constructed and made fvailable for sale, atfordable dwelling units in a number equa! lo 10"/" of the tota! number o! unrestricted units which have been sold or made available for sale. If at anytime |he percentage falls below the required 1Oo/o, The Applicant is required to place $150f 000 for each deficient unit into an escrow account in favor of the Board. The Board will tlfen appty the funds toward the construction of the affordable dwelling units. Staff Response: The Applicant has not constructed or sold any atfordable dwelling units as requirQd by this resolution. The Applicant is also required by Resolution No. 2004-26 to provide tfe precise calculation and"o/o Total" calculation demonstrating compliance, within th$ Phase lll Land Use Summary Table. Staff recommends that the Planning Commission fequire the Applicant to complete the development's current atfordable housing requirempnts prior to scheduling this item before the Board of County Commissioners by providing $3,600,000 (24 X $150,000) to be placed in an escrow account in favor of the Boflrd of County Commissioners or construct and make available for sale the required unitp platted in lron-bridge Phases I and ll. Prior to Phase Itl, Final Plat approval the Applicant will be responsible for constructing the remaining six (6) off-site atfordable housing units placing an additjonal $900,000 in an escrow account in favor of the Board for of affordable units. VII SUGGESTED FINDINGS 1. That proper public notice was provided as required for the hearing before the Commission; 2.That the hearing before the Planning Commission was extensive and that all pertinent facts, matters and issues were submitted and that all interested parties 3. That for the above stated and other reasons, the proposed Preliminary Plan is the best interest of the health, safety, convenience, order, prosperity and welfare of citizens of Garfield County; 4. That the Preliminary Plan Application is in conformance to the Gadield Subdivision Regulations of 1984 as amended; PC 06/1312007 CR V STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of lronbridge PUD, Phase lll Preliminary Plan with the following conditions: 1 All representations of the Applicant, either within the application or statdd at the hearing before the Board of County Commissioners, shall be conditions of approval unless otherwise modified by the Commission; 2 A geotechnical engineer shall be retained to inspect and evaluate all grading surfaces, cut slopes, ditches, and any other excavations covered with structuralfill, topsoil, erosion blankets, foundation in order to insure, as best as possible, that visible ground and soi! that may indicate local ground subsidence will be discovered and Site-specific foundation investigations sha!! be conducted for the sites; The Applicant shall disclose the potential risks to all future purchasers concerning potential settlement from collapsible soils and risk of spontdneous ground openings related to evaporite karst phenomena; Prior to the Preliminary Plan going before the BOCC, the Applicant shaf! construct and make available for sale twenty-four QQ deed restricted affordable housing units or place $3,600,000 in an escrow account in f{vor of the Board of County Commissioner for construction of the units; Prior to approval of lron Bridge, Phase lll Final Plat, the Applicant sha!! construct the remaining six (6) deed restricted affordable housing units pff-site or place an $900,000 in an escrow account in favor of the Board of Cot{nty Commissioners for construction of the units; The Applicant shall provide atfordable housing units calcutation for all n[,".", ot lronbridge PUD as part of the Land Use Summary Table for Phase lll; The applicant shall place the following plat notes on the final plat: 1) "Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, el seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County vlith a strong rural character and a healthy ranching sector. All must be to encounter noises, odor, lights, mud, dust, smoke chemicals, on public roads, livestock on public roads, storage and disposal of and the application by spraying or otherwise of chemicalfertilizers, amendments, herbicides, and pesticides, any one or more of which naturally occur as a part of a legal and non-negligent agricultural 3) PC 0611312007 CR operations." 2) "No open heafth solid-fuelfireplaces witt be allowed anywhere within the subdivision. One (1) new solid-fuel buming stove as defied by C.R.$. 25-7' 401, et. sew., and the regulations promulgated thereunder, will be any dwelling unit. All dwelling units will be allowed an unrestricted of naturalgas burning stoves and appliances." "Allowners of land, whether ranch or residence, have obligations State law and County regulations with regard to the maintenance ollences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspect$ of using and maintaining propefi. Residents and landowners are to learn about these rights and responsibilities and act as good and citizens of the County. A good introductory source for such is.A Guide to Rural Living & Small Scale Agriculture" put out by Colorado State University Ertension Office in Gartield County." "Allexterior lighting will be the minimum amount necessary and allQrterior lighting will be directed inward and downward towards the interior of,the subdivision, except that provisions may be made to allow for safetylighting that goes beyond the propefi boundaries." 5) "One (1) dog will be allowed for each residential unit and the dog required to be confined within the owner's property boundaries." 'There are potential risks conceming settlement from collapsible risk of spontaneous ground openings related to evaporite karst 4) 6)