HomeMy WebLinkAbout2.0 BOCC Staff Report 09.07.1993MEMORANDUM
TO: Garfield County Planning Commission
FROM: Dave Michaelson, Planning Department
DATE: September 8, 1993
RE: WESTBANK FILING #4 PUD PRELIMINARY PLAN
On September 7, 1993, the Board of County Commissioners approved the Westbank Filing #4 PUD
Amendment with the following conditions:
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1. All representations, either within the application or stated at the public hearings before the
Planning Commission and the Board of County Commissioners shall be considered conditions
of approval unless otherwise stated by the Planning Commission or the Board of County
Commissioners.
2. The Preliminary Plan shall have a building envelope designated for every lot within the PUD.
All building envelopes will avoid active and older landslides, manmade fill, and unsuitable
slopes. No lot shall be created that does not have an acceptable building envelope. No lot shall
be created that is smaller than the minimum lot size allowed in that particular zone district.
(Note: The applicant has submitted a revised plat that includes building en velopeslor each lot
within the Subdivision.)
3. An engineered foundation shall be required for all structures within the PUD and submitted
with building permit applications. Furthermore, all fmal plats shall have the following plat
note:
A. Prior to the issuance of a building permit, the owner of each lot shall prepare and
submit a soils and foundation report, siting for a second leach field, an ISDS design,
and a grading and drainage plan prepared and certified by a professional engineer. All
improvements shall be constructed in accordance with such measures which shall be a
condition of the building permit.
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4. At the time of Preliminary Plan, the applicant shall demonstrate evidence of adequate water
quantity form the proposed well field for the project.
(Note: The applicant has agreed to submit documentation regarding the existing Westbank
wells, in addition to material previously submitted.)
5. All building envelopes identified at Preliminary Plan shall not be located in or at the head of
drainages.
(Note: The applicant has submitted a revised site plan with building envelopes.)
6. Prior to Preliminary Plan, the applicant shall determine the 100 year floodplain, consistent with
the recommendations of CTL/Thompson Reconnaissance Report.
(Note: The applicant has submitted storm drainage calculations as Exhibit H of the
application. Culvert sizing is included the analysis based on the runoff,' by basin, for the
expected 100 year event. It is not clear where these culverts will be located, or if the proposed
drainage structures mitigate the 'flash flood" area defined by CTL/Thompson.)
7. All easements necessary to ensure access to existing water tanks and irrigation rights for Filings
#1, #2 and #3 shall be shown on the Preliminary Plan.
(Note: Easements are shown on the Preliminary Plan.)
8. Due to the potential tie-in with future regional facilities in the Roaring Fork Valley, appropriate
easements for possible central sewer will be identified at the time of Preliminary Plan.
9. Not more than two (2) dogs will be allowed per lot, which will be included in the Protective
Covenants.
Design Modifications
In response to comments from adjacent property owners, the applicants have made the following
modifications to the PUD:
1. Duplexes have been eliminated from the PUD;
2. The road alignment has been shifted underneath the power line easement;
3. Lots adjacent to the existing Westbank filings have been modified to address impacts to
adjacent properties, with additional open space;
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4. The number of single-family lots has been reduced by one (1).
The applicant will summarize these changes during the hearings.
Staff Comments on the Preliminary Plan
The issue pending before the Commission and the Board shifts from a rezoning application to a
preliminary plan process. Due to time constraints, a staff report was not possible, however the majority
of issues raised during the PUD amendment hearings remain the same for the preliminary plan review.
Since both the Planning Commission and the Board approved the rezoning, staff will not reiterate prior
staff reports on the project, however, staff suggests that fireplace restrictions should be considered.
Considerable discussions took place during the Aspen Glen hearings in regards to air quality impacts
of projects in the Valley floor. Suffice it to say that naturally occurring inversions are common in the
area, and the number of approved dwelling units in the general area further substantiates the need to
develop woodburning restrictions. Consistent with both the Aspen Glen and Springridge Place
approvals, staff suggests that the following conditions be placed on the development:
1. No open hearth solid -fuel devices will be allowed anywhere within Westbank #4 PUD.
2. All dwelling units will be allowed an unrestricted number of natural gas -burning
fireplaces or appliances.
3. All dwelling units will be allowed one (1) new woodburning stove as defined by CRS 25-
7-401 et. seq. and the regulations promulgated thereunder.
Proposed Conditions of Approval
The following conditions of approval, the majority of which are typical of subdivision approvals, are
as follows:
1. That all representations of the applicant, either within the application or stated at the
public hearings before the Planning Commission and the Board of County
Commissioners shall be considered conditions of approval, unless stated otherwise by
the Planning Commission and the Board of County Commissioners.
2. The Homeowner's Association shall 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 fmal plat.
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4. The applicants shall submit improvement plans for all roads, bridges, utilities, fire
protection, improvements signage and drainage structures prior to the submittal of the
final plat.
5. That all proposed utilities shall be placed underground.
6. That all cut slopes created during construction shall be revegetated with native grasses
and shrubs with adequate weed control. All revegetation shall be in accordance with
the applicant's revegetation plan. Revegetation and landscaping shall be included in the
Subdivision Improvements Agreement. In addition, adequate security shall remain in
place for a period of two (2) years to guarantee the survival of all plantings.
7. That the applicant shall demonstrate that procedures are established for the
maintenance of all roadways and bridges, including snow removal, through the
Homeowner's Association.
8. That the applicant shall pay $200 per lot in School Impact Fees prior to the approval
of the Final Plat.
9. That the following plat notes shall be included on the Final Plat:
a. The recommendations of the Colorado State Forester and U.S.F.S. wildfire
prevention guidelines shall be followed in the construction of all structures.
b. Prior to issuance of a building permit, the owner of each lot shall prepare and
submit 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
improvements shall be constructed in accordance with such measures which
shall be a condition of the building permit.
10. Prior to the approval of the Final Plat, the Applicant shall submit an approved
augmentation plan providing for a legal water supply for the Westbank Filing #4 PUD
development. Said augmentation plan, together with the West Divide Water
Conservancy District Water Allotment Contract and the water rights associated with
the wells, together with well permits, shall be transferred by the developer to a
homeowner's 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 with the terms and
conditions of the augmentation plan.
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11. That the applicants shall prepare and submit protective covenants, articles of
incorporation and other Homeowner's Association documents including by-laws will
be submitted for review by the County Attorney prior to the approval of the Final Plat.
12. That the plat and covenants will provide that there will be no re -subdivision of the lots.
13. That all roadways shall be constructed in accordance with the design standards in effect
at the time of submittal of the Final Plat.
14. The Final Plat shall identify building envelopes that are in conformance with the
recommendations of the geotechnical report.
15. That adequate easements for wells, waterlines and other attendant facilities shall
provide on the Final Plat.
16. That ten (10) foot perimeter easements on each lot should be provided for utility
purposes.
17. The applicant shall provide road signage in accordance with the Uniform Manual of
Traffic Control. These should be included in the Subdivision Improvements
Agreement.
18. Prior to the approval of the Final Plat, the applicant shall submit approved plans (by
Colorado Department of Health) for the proposed community water system.
19. The bikepath easement shall be dedicated to the County at the time of Final Plat.
20. Prior to the Hearing before the Board of County Commissioners, the County shall
determine the status of the CR 109 ROW adjacent to the project. If necessary, the
ROW shall be dedicated to the County prior to Final Plat.
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