HomeMy WebLinkAbout4.0 CorrespondenceLANDSLD 0
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landscape architecture land planning community planning
1002 Lauren Lane • P.O. Box 107 • Basalt, CO 81621 • Tel 970 927 3690 • landstudio2@comcast.net
July 21, 2010
Ms. Kathy Easfley, AICP
Senior Planner
Garfield County Building & Planning
108 8th Street, #401
Glenwood Springs, CO 81601
Reference: Nieslanik Rural Land Development Option Exemption — File No. RLDES6408
Dear Kathy:
Thank you for providing the letter dated June 7, 2010 identifying the items that need to be provided and/or
resolved prior to Garfield County's determination of technical completeness of the Niestanik Rural Land
Development Option Exemption. We have addressed all of the items identified in your June 7, 2010 letter
and a summary of our response is included below:
1. Has the Statement of Authority been recorded? The Title Commitment does list a requirement for
recordation of a statement of authority for Cecelia L. Nieslanik Bypass Trust. The County requires
that this statement be recorded, please provide either a recorded copy or the reception number for
the recording.
The Land Studio has the recorded and notarized Statement of Authority in Section 1 of the
Application. The recordation number for the Statement of Authority is 787565.
2. The conservation easement on the property has conveyed an interest in real property" to the
Aspen Valley Land Trust. As an owner of interest in the property they are required to ob one of
the following:
a. Submit a letter stating that the Application is consistent with the terms of the conservation
easement;
b. Submit a letter stating that the Application is not consistent with or is prohibited by the
terms of the conservation easement;
c. Submit a letter waiving the right to comment on or participate in the Application process;
or
d. Submit evidence satisfactory to the County showing that the holder of the conservation
easement has no right to consent to or join in the Application.
Aspen Valley Land Trust and Pitkin County Open Space and Trails have submitted a letter
included in Section 8 of the Application that states "Aspen Valley Land Trust and Pitkin
County Open Space and Trails have reviewed the April 30, 2010 draft of the John Nieslanik
Ranch Rural Lands Development Exemption Option Application, and have found no
conflicts in the application with the conservation easement over the property co -held by
AVLT and Pitkin County".
3. There appears to be an inconsistency as the conservation easement states that the Nieslanik
Family has owned this_property since 1945 yet the narrative states that the Nieslanik's purchased
the property from the Blanc's 1 n 1963. Which is correct?
The Land Studio, Inc.
The date in the Baseline Inventory, which is an Exhibit to the Conservation Easement, has
been corrected.
4. Section 5 is listed as containing the Land Suitability Analysis (LSA) and Baseline inventory.
However this section contains only the Baseline Inventory - is that document meant to function as
the LSA? Typically applicants will respond to each component of the LSA and refer to supporting
documentation — which staff finds very helpful.
Section 5 now identifies that the Baseline Inventory will function as the Land Suitability
Analysis.
5. Public Improvements typically associated with creation of new lots includes the cost of extending
service for utilities to each of the proposed lots; grading and drainage improvements associated
with the subdivision; roadways necessary to provide access to each proposed lot; any proposed
water distribution system(s) when common wells are utilized; etc. These improvements must be
included in the construction drawings and in the Subdivision Improvements Agreement.
The improvements have been included in the construction drawings. The Development
Agreement now contains language specify ing that an estimate for the cost of construction
of the Improvements prepared by Sopris Engineering has been attached to and
incorporated as Exhibit D.
6. The road design is stated as compliant with Garfield County standards Table 9:35 which was in the
old" code. Roadway standards in the Unified Land Use Resolution of 2008, as amended are
contained in Section 7-307.
Sopris Engineering has amended their Engineering Report to refer to the correct section of
the code.
7. The development Agreement references Section 8.70 which is `old code" and therefore no longer
applicable (page 2 under item 2. Remainder Ranch Parcel).
The Land Studio has amended the Development Agreement to refer to the correct section of
the code.
8. This parcel of land was created by an exemption plat— please provide a copy of that plat in the
application (if possible 11"x 17"). Have any other land use permits been issued on this property?
This parcel of land was not created via an exemption plat but by a deed for a parcel greater
than 35 acres. The ownership information including deeds describing the property are
contained in Section 3 of the Application.
9. The covenants state that extraction activities are not permitted within the subdivision, however the
minerals are severed. This could create issues for any minerals owners attempting to access their
property. The Conservation Easement states that extraction is prohibited yet Exhibit ❑ to the
Easement shows Exceptions that are Acceptable to the Grantees including number 13 which
indicates that an undivided one-half interest in all oil, gas and other miners is reserved to the Blanc
family. Further, the County has a typical plat note that notifies potential property owners within the
subdivision that the mineral estate is severed.
The Land Studio has amended the CC&Rs to clarify that mineral interests have been
severed from the property. These CC&Rs are included in Section 8 of the Application.
Sopris Engineering has added the plat note provided by the County that notifies potential
property owners within the subdivision that the mineral estate is severed.
10. Section 8 of the application contains the proposed CC&R's yet the Title Commitment lists
Declaration of Restrictive Covenants recorded November 14, 2005 in Book 1745 at Page 688 as
Reception No. 686419. What are the recorded covenants? Will the proposed document replace
the prior?
The Land Studio has added language in the CC&Rs that " a Declaration of Restrictive
Covenants has been previously recorded at Reception No. 686419 in the records of Garfield
The Land Studio, Inc.
County, Colorado. In the event of any conflict between the previously recorded document
and this document, the previously recorded document will govern". See Section 8 of the
Application for the complete CC&Rs.
11. The Sopris Engineering report states that there are existing ISDS systems on some of the
proposed lots. Please provide a copy of the septic permits.
Sopris Engineering has.included the ISDS permit as an Exhibit to their Engineering Reports
in Section 7 of the Application.
12. An analysis of how this proposed development complies with the Garfield County Comprehensive
Plan is required.
The Land Studio has addressed the Applications compliance with the Comprehensive Plan
in Section 6 of the Application.
13. A Traffic Impact Analysis is required— a basic traffic analysis should suffice and we'll need your
engineer to verify both the numbers and the sufficiency of a 40' ROW. See 4-502 J.
Sopris Engineering has provided a traffic analysis included in Section 7 of the Application.
14. Demonstration of compliance with Divisions 1, 2, 3, and 4 of Article VII, Standards, is required.
The Land Studio has demonstrated compliance with Divisions 1, 2, 3, and 4 of Article VII,
Standards in Section 6 of the Application.
15. A Landscape Plan, pursuant to 4-502 is required. The Building and Planning Director does have
the ability to waive some of the submittal requirements if you should choose to make that request.
Sopris En ineering has provided a landscape plan that focuses on re -vegetation on sheet 1
of 3 of the Engineenng Drawings in Section 10 of the Application.
We respectfully request that with the clarifications outlined above, you will determine that the John Nieslanik
Rural Land Development Option Exemption — File No. RLDES6406 Application is technically complete and
forward to us the quantity and type of Application copies that you will require for Garfield County and referral
agency review. Thanks for your diligence in reviewing the Application and we look forward to your response
so that we can proceed with the production of these documents.
Sincerely,
The Land Studio, In
OVINIATA,
Douglas J. r4 ite
The Land Studio, Inc.
ARTICLE VII
STANDARDS
7-305 LANDSCAPING AND LIGHTING STANDARDS
streets, drives, alleys and roads on or adjoining the property. The
general location and right-of-way width for all arterials and
collectors shall be shown.
i. The location of and preliminary engineering for any existing or
proposed sewers, water mains, culverts, storm drains, sidewalks,
gutters, fire hydrants along with the width and depth of pavement
or sub -grading to be provided, the depth of burial of all
underground lines, pipes and tubing and typical cross sections of
the proposed grading of roadways and sidewalks.
j. Uses and grantees of all existing and proposed easements
and rights-of-way on and adjacent to the property, shown by
location and dimension.
k. Building envelopes, if proposed.
I. Location and layout of lots and blocks, with lots and blocks
numbered consecutively, and the dimensions and acreage of each
lot.
m. Areas for landscaping, and delineation of the type and extent of %1)0
vegetative cover on the site.
n. Zoning districts on the site and any zoning changes to be
requested.
o. Existing land uses and zoning on adjoining properties. ] 1'0
p. Public or private sources of utility services and facilities.
q. Location and dimension of land to be held in common, open space
devoted to community use, and land to be dedicated to County.
r. Supplemental Information: The Preliminary Plan Map shall be
ccom anied by the following information.
(1) A copy of a current certificate from a title insurance
company or an attorney licensed to practice law in the
State of Colorado setting forth the names of all owners of
property included within the proposed subdivision and a list
of all mortgages, judgments, liens, easements, contracts
and agreements of record which shall affect the property
within the proposed subdivision.
(2) A corporate property owner or corporate applicant shall
provide evidence of registration or incorporation in the
State of Colorado.
(3)
A list from the County Assessor's office of current property
owners of record and their complete mailing address for
ARTICLE VH
STANDARDS
7-305 LANDSCAPING AND LIGHTING STANDARDS
property within two hundred (200) feet of the boundaries of
the proposed subdivision.
(4) A list of the owners of subsurface mineral interests and
their lessees, if any, on the proposed site and their
complete mailing addresses.
(5) Description of proposed phasing plan, if applicable.
2. Visual Analysis with Preliminary Plan. Within the preliminary plan
review application, the applicant shall submit a detailed visual analysis
that illustrates the existing features of the site, as viewed from the
roadway corridor, and depicts the location and design of the proposed
development. The visual analysis shall include:
a. Illustrations. Illustrations of the mass and form of the proposed
development. These may be provided as a photograph of the
property, onto which the development has been rendered, a
computer simulation, an architectural site section or other similar
visual display technique.
b. Map. A map locating proposed roads and utilities and identifying
the area proposed for development.
c. Plans. Grading, landscaping and illumination plans.
d. Written Statement. A written statement depicting how the
development mitigates visual impacts on affected ridgelines.
Section 7-305 Landscaping and Lighting Standards.
A. Landscaping.
1. General Standards
a. Maintenance. All plant materials must be kept in a healthy
condition. Dead plants must be removed and replaced as
necessary.
(1)
Newly installed landscaping must include a properly
functioning automated sprinkler and/or drip irrigation
system, with individual zones for nonturf areas.
b. Restoration and Revegetation of Disturbed Areas. All portions
of the site where existing vegetative cover is damaged or
removed, that are not otherwise covered with new improvements,
ARTICLE VII
STANDARDS
7-305 LANDSCAPING AND LIGHTING STANDARDS
shall be successfully revegetated with a mix of native, adaptive
and drought tolerant grasses and ground covers. The density of
the reestablished vegetation must be adequate to prevent soil
erosion and invasion of weeds after one growing season.
c. Installation. All plant materials shall be installed in the best
possible manner to ensure their continued viability. Shrub and
flower beds must be lined with a weed barrier mesh (or similar
material designed for weed control) to prevent the introduction of
noxious weeds.
d. Protection of Existing Trees and Shrubs. All landscaping plans
shall include provisions to protect existing trees and shrubs that
are to be preserved and integrated within the planting areas.
(1) Construction materials and debris shall be stockpiled
outside dripline areas, a minimum distance of 11/2 times the
dripline perimeter. The stockpile area shall be clearly
marked with temporary fencing or other similar material.
e. Landscaping Must Be Located On -Site. All required
landscaping must be located on the property it serves.
f. Location of Plantings With Regard to Right -of -Ways. All
required landscaping must be located outside of any adjacent
right-of-way unless a written waiver is received from the Director.
Contents of Planting Beds. All planting beds shall contain a
combination of organic and inorganic materials
g.
2. Multi -Family, Commercial, and Industrial Development.
a. Lots in a residential zoning district which contain multi -family
dwellings and lots in the commercial and industrial zoning districts
shall be landscaped in the areas not covered by impervious
materials.
b. Landscaping shall be installed to effectively buffer proposed
commercial or industrial uses from surrounding residential uses
and to provide a landscaped buffer along collector and arterial
streets.
c. Landscaping in multi -family, commercial and industrial
development areas shall be used to screen from view uses such
as trash enclosures, storage areas, mechanical equipment,
loading docks, and similar items where such areas are visible from
public roads, sidewalks or open space.
ARTICLE VII
STANDARDS
7-305 LANDSCAPING AND LIGHTING STANDARDS
3. Subdivision, Planned Unit Development (PUD) and Rural Land
Development Exemption.
a. Landscaping in a residential subdivision, planned unit
development or rural land development exemption shall be
consistent with the character of the development, the unique
ecosystem and specific environment in which the development is
located.
b. Landscaping in a clustered development shall include landscaping
>k_., to create a buffer between dense clusters and lower density
clusters and open space areas.
2 Landscaping in a residential subdivision, planned unit
"development or rural land development exemption shall be used
to screen from view uses such as trash enclosures, storage areas,
mechanical equipment and similar items where such areas are
visible from public roads, sidewalks or open space.
4. Cover. Non -living ground cover may include decorative gravel, bark
mulch, river rock or similar materials. Decorative elements, such as
walks, decks, terraces, water features and similar features may be
included.
c.
5. Plants Compatible with Local Conditions. All plants used for
landscaping shall be compatible with the local climate and the soils,
drainage and water conditions of the site. When planting occurs on
hillsides, slopes, drainage ways or similar natural areas, plant material
should duplicate adjacent plant communities both in species composition
and special distribution patterns. Whenever possible, drought -resistant
varieties of plant materials shall be utilized. Xeriscape design principles
and the use of native plant species shall be used when appropriate.
6. Existing Vegetation. The landscape plan shall be designed so that
healthy trees, native vegetation and natural or significant rock
outcroppings and other valuable features are preserved and integrated
within planting areas. Existing healthy trees and shrubs that are
preserved shall count towards the landscaping standards of this Division.
7. Minimum Size. To ensure healthy plant materials are installed in new
development, trees and shrubs shall comply with the quality standards of
the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 36 as amended.
a. Deciduous Trees. Deciduous trees shall be a minimum of two
inches (2") in caliper measured four (4) inches above the ground.
b. Coniferous Trees. Coniferous trees shall be a minimum of four (4) feet
in height, measured from the top of the root ball to the top of the tree.
c. Ornamental Trees. Ornamental trees shall be a minimum of one and
one-half (1.5) inches in caliper, measured four (4) inches above the
ground.
d. Shrubs and Vines. Shrubs shall be a minimum of one (1) foot in height
at time of planting. Vines shall be in a minimum one (1) gallon container.
8. Minimum Number of Trees and Shrubs. Trees and shrubs must be grouped in
strategic areas and not spread thinly around the site. Where screening is
required, plant materials must be sufficient to create a semi-opaque wall of plant
material between the property and the adjoining area to be screened.
9. Parking and Storage Prohibited. Areas required as landscaping shall not be
used for parking, outdoor storage and similar uses, but may be used for snow
storage if designed in compliance with Section 7-306, Snow Storage Standards.
10. Obstruction Prohibited.
a. Clear Vision Area. Clear vision areas shall be designated in compliance
with Section 7-304(0)(2), provisions of the County Road Standards,
applicable requirements of the Colorado Department of Transportation,
and as otherwise deemed necessary for public health and safety. Plant
materials shall be limited to thirty (30) inches in height within the clear
vision area to avoid visibility obstructions or blind corners at intersections.
Erosion and Sediment Control Plan. The requirements for an Erosion and Sediment Control
Plan are set forth in Section 4-502 (C)(4) of Article IV, Application and Review Procedures.
G. Preliminary Plan. The Preliminary Plan Review process is set forth in
Section 5-303, Preliminary Plan Review and requires the following materials.
1. Application Form and Fees
2. Vicinity Map 4-502(C)(2)
3. Preliminary Plan Map
4. Yield Plan (Conservation Subdivision only)
5. Open Space Plan, preliminary
6. Open Space Management Plan
7. Landscape Plan (Common Ownership Areas) 4-502(C)(5)
8. Impact Analysis 4-502(E)
9. Land Suitability Analysis 4-502(D)
10. Lighting Plan consistent with standards in 7-305(B).
11. Visual Analysis
12. Preliminary Engineering Reports and Plans
a. Streets, trails, walkways and bikeways
b. Engineering design and construction features for any
bridges, culverts or other drainage structures to be
constructed
c. Identification and mitigation of geologic hazards
d. Sewage collection, and water supply and distribution system
e. Erosion and Sediment Control Pian 4-502(4)
f. Water Supply Plan
g. Sanitary Sewage Disposal Plan
13. Draft Improvements Agreement, Covenants and Restrictions and
By-laws
4. Preliminary Plan Map. Preliminary plan maps shall include the
following information and supplemental materials.
a. Preliminary plan maps shall be scaled as follows. To the
extent practicable, a preliminary plan map shall show the
entire area proposed for subdivision on one 24" x 36" sheet.
Subdivision Lot Area Scale
Less than 10,000 sq. ft.
10,001 sq. ft. — 2 acres
More than 2 acres
1 inch equals 50 feet or Tess
1 inch equals 100 feet or less
1 inch equals 200 feet or less
b. Legal description of the property.
c. Site data in chart form presenting
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 7-42
ARTICLE VII
STANDARDS
7-305 LANDSCAPING AND LIGHTING STANDARDS
(1) Total area of the proposed subdivision; total area of
the developed buildings, driveways and parking
areas; total area of non-residential floor space.
(2) Total number of proposed lots; breakdown of the lot total
by number of Tots per use (i.e. residential use, business or
commercial and industrial use, and other public and non-
public uses).
(3) Total number of proposed off-street parking spaces.
(4) Total number of dwelling units; total number of dwelling
units per structure proposed.
5) Total gross density proposed.
d. Boundary lines, corner pins, and dimensions of the subject
property, including land survey data to identify the parcel
with section corners, distance and bearing to corners,
quarter corners, township and range.
e. Topography at the following minimum contour intervals.
(1)
Subdivision with one or more Tots less than two (2) acres in
size, topography shown at two foot contour intervals.
(2) Subdivision with all lots two (2) acres or greater in size,
topography shown at five (5) foot contour intervals.
Areas having slopes 30% or more, or other significant
topographic conditions, topography shown at 5 -foot
contour intervals.
(3)
f. Significant on-site features including: natural and artificial
drainage ways, wetland areas, ditches, hydrologic features and
aquatic habitat; geologic features and hazards including slopes,
alluvial fans, areas of subsidence, rock outcrops and rockfall
areas, radiological and seismic hazard areas, soil types and
landslide areas; vegetative cover; dams, reservoirs, excavations,
and mines; and any other on-site and off-site features that
influence the development.
Known, identified or designated one hundred (100) year flood
plains and localized areas subject to periodic flooding. The
distance between the mean identifiable high water mark of any
creeks, streams or rivers and the nearest proposed development
within the site shall also be shown.
g.
h. Public access to site, and internal circulation. Location,
dimension, alignment and names of all existing and proposed
ARTICLE XVI
DEFINITIONS
16-101 DEFINITIONS OF WORDS AND PHRASES
Noise Abatement. A level of mitigation for noise impacts, typically defined in a
reduction of decibels of either ambient noise received by a recipient of that noise
level, or a reduction in fluctuations of noise received by that same recipient.
Noise Impact Boundary. (Art. 14 definition) The areas within 1,500 feet of an
airport runway or within established noise contour boundaries exceeding 55 Ldn.
Nonconforming Structure. A building or structure legally existing at the time of
enactment of this land use code or lawful amendments to this Code and which
does not conform to the regulations of the zoning district in which it is situated.
Nonconforming Use. A use of land legally existing at the time of enactment of
this land use code or lawful amendments to this Code and which does not
conform to the regulations of the zoning district in which it is situated or used.
Nondomestic Animals. The location for commercial dealers, breeders,
exhibitors, transporters, or researchers of any and all species listed by the
Colorado Division of Wildlife as nondomestic.,
Non -substantial Change. A non substantial amendment may be made to an
approved Land Use Change Permit if it meets all of the following criteria as
determined by the Director:
1. Is consistent with action(s) taken during previous Land Use Change
Permit approval;
2. Does not change the use category of the proposed development
between residential, commercial and industrial uses;
3. Does not change the basic character of the approved use of land on
which the activity occurs, including basic visual appearance and method
of operation;
4. Does not constitute a new land development activity;
5. Does not violate any Land Use Code standard;
6. Does not substantially increase off-site impacts (including but not limited
to increased traffic, water use, wastewater generation, etc.) in the
surrounding neighborhood;
7. Does not substantially increase the need for on-site parking or utilities;
8. Does not increase the floor area of the use by more than five (5) percent
or decrease the open space on the site by more than five (5) percent;
and
9. Does not endanger the public health, safety or welfare. (Resolution
2010-30)
GARFIELD COUNTY UNIFIED LAND USE RESOLUTION OF 2008, AS AMENDED 16-33
THE LAN DSLD 0
INC.
landscape architecture land planning community planning
1002 Lauren Lane • P.O. Box 107 • Basalt, CO 81621 • Tel 970 927 3690 • landstudio2@comcast.net
December 13, 2010
Ms. Kathy Eastley, AICP
Senior Planner
Garfield County Building & Planning
108 8th Street, #401
Glenwood Springs, CO 81601
Reference: Final Documents for Nieslanik Rural Land Development Option Exemption — File
No. RLDES6408
Dear Kathy:
The following signed documents are being transmitted to Garfield County Building and Planning for
BOCC signature on December 20, 2010 and recording on December 21, 2010 in the records of the
Garfield County Clerk and Recorder:
1. 24" x 36" mylars of the Exemption Plat of John Nieslanik Ranch, Rural Land
Development Exemption
2. John Nieslanik Ranch Rural Land Development Exemption Declaration of Covenants,
Conditions, and Restrictions (one signed copy and two clean copies)
3. John Nieslanik Ranch Rural Land Development Exemption Improvements Agreement
(one signed copy and two clean copies)
4. John Nieslanik Ranch Rural Land Development Exemption Dedication and Easement
Grants for Private Roads and Easements (one signed copy and two clean copies)
The following documents are being transmitted to Garfield County Building and Planning for
inclusion in the planning files of record:
5. One 24" x 36" and one 11" x 17" paper copy of Nieslanik East Mesa Driveway Plan &
Profile Grading, Drainage, & Erosion Control
6. One 24" x 36" and one 11" x 17" paper copy of Nieslanik East Mesa Utility Plan
7. One 24" x 36" and one 11" x 17" paper copy of Nieslanik East Mesa Drainage Exhibit
The Land Studio, Inc.
8. One copy of the John Nieslanik Ranch Rural Land Development Exemption
Homeowners Association Articles of Incorporation
Thanks for your attention to this project and please call if you need to discuss any of the above
transmitted items.
Sincerely,
THE LAND STUDIO, I
By:
The Land Studio, Inc.
August 31, 2010
Ms. Kathy Eastley
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
MOUNTAIN CROSS
ENGINEERING, INC.
CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN
RE: Review of Nieslanik Ranch, Rural Land Development Application: RLDE 6408
Dear Kathy:
This office has performed a review of the documents provided for the Nieslanik Ranch, Rural Land
Development Application. The submittal was found to be thorough and well organized. The
following questions, concerns, or comments were generated:
1. To share the wells between the proposed Lots some system of connection to the well with
piping, telemetry, disinfection, pumping, storage and pressure boosting will be necessary. Some
design and/or parameters should be provided, per Section 7-106.A.3.
2. Along with the above, some language may need to be included in Article IX of the Declaration
of Covenants, Conditions, and Restrictions, per Section 7-104.B.2.c.
3. The Applicant proposes to install well pumps and piping as part of building permits for
construction on the proposed lots. This may not be permissible; generally speaking all public
improvements need to be constructed by the developer per the development agreement.
Common well pumps and water lines that serve more than one lot are considered improvements
and are required to be installed and secured by the developer. The Applicant should discuss this
with the Legal Department of Garfield County.
4. The drainage report does not compare proposed to historic discharge rates. The engineering
report states that there is no measurable increase in storm runoff from the proposed development
however the report does not show comparative calculations for verification. Detention may be
required per Section 7-207.C.
5. The proposed construction of roads and utilities will disturb areas larger than one acre and will
require a CDPHE permit for stormwater discharges. No documentation was provided of the
permit or application per Section 7-205.
6. The Application proposes a road grade of 11.5%. This is steeper than the maximum of 10%.
This steep grade also coincides with a curve on the top and a steep fill slope at the bottom. Cars
can not be expected to navigate the curve on steep grades. In some cases the Board of County
Commissioners can approve steeper road grades; however it is not recommended with this
alignment. The Applicant should consider alternatives per Section 7-307.A.
Feel free to call if you have any questions or comments.
Sincerely,
Mount. Cross En
erin
s Hale, PE
826 1/2 Grand Avenue • Glenwood Springs, CO 81601
PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com
Permanently preserving open lands for agriculture,
wildlife, scenic enjoyment and recreation
August 31, 2010
Kathy Eastley, Planner
Garfield County Building and Planning Department
108 Eighth St.
Glenwood Springs, CO 81601
RE: John Nieslanik Ranch
Dear Ms. Eastley:
Thank you for the opportunity to review the proposed John Nieslanik Ranch
development. As you know, Aspen Valley Land Trust holds a conservation easement on
the balance of ranch property no proposed for development.
This amount and the location of the proposed lots were contemplated at the time
the conservation easement was implemented and certain land was exempted for that
purpose. Aspen Valley Land Trust has not objections to the Rural Lands Exemption
Option.
The Nieslanik family has been a good steward of the land and consistent in its
commitment to conserve and manage land for the benefit of future generations.
Sincerely,
e/t.i t.4 6c /6/44A—
Martha
Cochran
Executive Director
Aspen Valley land Trust
320 Main Street • Suite 204 • Carbondale, Colorado 81623 • 970,963.8440 phone • 970.963.8441 fax
w vw. avIt.org
Colorado
te
FOREST
SERVICE
Grand Junction District
222 S. 6th. St., Rm.#416
Grand Junction, CO 81501
(970) 248-7325
August 13, 2010
Garfield County Building and Planning Department
Attri: Kathy Eastley
108 8th St Suite 401
Glenwood Springs, CO 81601
Garfield County Building and Planning Department:
I am writing in response to a request for the Colorado State Forest Service's comments on the John Nieslanik Ranch
application.
After looking at the property using aerial photos and looking through the application, the proposed project is in a moderate
to severe wildfire hazard area depending on the lot. The wildfire hazard rating is based on the high density of combustible
vegetation on or near the property and the slope of the land. The wildfire hazard rating by lot is: Lot One- Moderate, Lot
Two- Low to Moderate, Lot Three- Moderate to Severe, Lot Four- Severe, Lot Five- Low.
Regardless of where the bulk of the vegetation is growing, a spark from a nearby wildfire could potentially land in a pile of
dead leaves against a structure or in tall grass growing too close to a structure; this is why I make the following
suggestion:
1. Make the Colorado State Forest Service Defensible Space standards required for every structure on the
property.
The area called Defensible Space has three zones. Zone One is where the bulk of the vegetation modification
takes place. The size of Zone One is at least 15 feet, measured from the edge of the structure. It can vary in size
depending on the percent of the surrounding slope, as slope becomes steeper, the vegetation must be mitigated
at a greater distance to compensate for the heat and wind moving up the slope.
Within Zone One, several specific treatments are recommended:
A) Plant no large shrubs or trees or allow any plants to grow within 3 to 5 feet of any structure. If landscaped
grass is allowed to grow in the area around the structure it must not grow taller than 6 inches. A large percent
of structures are lost in a wildfire due an ember landing in a bed of dead twigs and leaves created by
vegetation located next to the structure. This can be avoided by following Defensible Space standards and
keeping the area around the structures maintained.
B) There is an exception to the above rule if the structure(s) are built with non-combustible siding, such as rock
or stucco. Widely spaced foundation plantings of low growing shrubs or other "fire -wise" plants are
acceptable within 3 to 5 feet of the structure. These shrubs must be kept small, watered, and given yearly
maintenance to prevent any amount of dead leaves to accumulate. A fact sheet of FireWise plant material,
no. 6.305, has been produced and can be found at the Colorado State University's Extension's webpage at
www.ext.colostate.edu. There is also a publication on FireWise Construction, design and materials that can
be directly downloaded from the Colorado State Forest Service's website at
http:llcsfs.colostate.edulpdfs/construction booklet.pdf.
C) It is ideal to remove all flammable vegetation, specifically native trees, in Zone One to reduce fire hazards. If
a native tree is kept in Zone One it should be considered part of the structure and the zone extended out
around it and the tree should be isolated from other surrounding trees by 15 to 20 feet. Landscaped trees,
particularly deciduous species (leaves drop in fall), are allowed in Zone One as long as there are no shrubs
growing beneath them which increases the amount of fuel available to the fire and the plants are on a
watering system to insure adequate plant moisture.
Zone Two is an area of fuel reduction designed to reduce the intensity (wind, heat, smoke) of any wildfire
approaching the structure. Within this zone, the following is recommended:
A) Trees and shrubs should be thinned so there is at least a 10 foot space between the edges of tree crowns.
Crown separation is measured from the furthest branch on one tree to the nearest tree branch on the
neighboring tree. On steeper slopes, allow more space between tree crowns as fire moves faster uphill.
B) Trees may be clumped together in twos or threes to create a more natural appearance, but adequate spacing
between clumps must be maintained, 10 to 15 feet.
C) Ladder fuels, such as small shrubs, young trees and very low growing branches, should be removed from
beneath remaining trees. These fuels can feed a wildfire and produce greater heat and intensity.
The main goal of defensible space is for a wildfire to encounter Zone Two, slow down its rate of movement and decrease
its intensity, then encounter Zone One where combustible vegetation is minimal, therefore the wildfire cannot make direct
contact with the structure and the wind will move the wildfire past without too much destruction to the vegetation.
Defensible space is not a onetime activity; it must be maintained by the homeowner every year as vegetation continues to
grow. Additional information from the Colorado State Forest Service can be found at our website,
http://csfs.colostate.edu/
I will e-mail Mr. Pratte, Land Studio, Inc, a copy of this e-mail for his records and mail a hardcopy with factsheets to the
Nieslanik Family. Please feel free to contact me by email at kamie.long(a,colostate.edu or at 970-248-7325.
9(gm.ie 0fon8
Colorado State Forest Service
Assistant District Forester - Grand Junction
November 2, 2010
Doug Pratte
The Land Studio
1002 Lauren Lane
Basalt, Colorado 81621
Jandstudio2@ corncast.net
BUILDING & PLANNING DEPARTMENT
Reference: Nieslanik Rural Land Development Option Exemption — File No. RLDES6408
Dear Doug;
County staff has reviewed necessary documents related to the John Nieslanik Ranch RLDEO.
The documents included in this review:
1. The RLDEO Plat;
2. The Improvements Agreement;
3. The Declaration of Covenants, Conditions and Restrictions.
1. Plat Comments
• Attached is the Certificate of Dedication and Ownership template require to be on the
plat. Please revise the plat certificate based upon the attached required language.
• The Conservation Easement Holder Consent Certificate does not require the
Commission Chairman signature, nor does it require the Clerk to attest to that signature.
A notary seal for the AVLT signature is sufficient.
• Attached is the County Commissioner Certificate to use as a template, the certificate on
the plat must match the attached template.
• Attached is the Surveyor's Certificate to use as a template, the certificate on the plat
must match the attached template.
• Sheet 2 —
i. Land Use Summary Table — remove reference to "Remainder Parcel". The table
should list Lots 1 through 6 indicating size and proposed use (residential, subject to
conservation easement, etc.);
ii. Graphic should reference Lot 6 (delete "Remainder Parcel")
• Sheet 3 —
i. A hammerhead or other means of turning around was to be located on 4, at the end
of the private road. The plat should legally describe that area.
ii. Delete reference to "Remainder Parcel" as that lot is to be described as Lot 6.
iii. The easement for the on-site wastewater to benefit Lot 3 should be discussed in the
HOA documents/declarations.
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
• Plat Notes:
i. Section 6, 1.A. of the Improvements Agreement requires a plat note stating that the
roads are private and will not be maintained by Garfield County.
ii. Revise Plat Note 1. to read "No further divisions of Lots 1-6 by Exemption from Subdivision
Regulations shall be allowed. Lot 6 is burdened by a Conservation Easement recorded at
Reception Number 688879 in the office of the Garfield County Clerk and Recorder and cannot
be further subdivided.
iii. Revise Plat Note 4 to "AII foundations shall be designed by a professional registered engineer
licensed to practice in the State of Colorado."
iv. Revise Plat Note 7 to "The entirety of the land located within Lot 6 is governed by a
perpetual conservation easement granted to the Aspen Valley Land Trust and the Pitkin
County Board of County Commissioners. The terms and conditions of this easement are fully
described in the document entitled "Nieslanik Ranch Deed of Conservation Easement"
recorded at Reception Number 688879 in the office of the Garfield County Clerk and
Recorder. All future activity on Lot 6 shall be in accordance to the terms and conditions of
this document."
v. Replace Note 8 with "Any excavation into slopes steeper than 30%o shall be addressed on a
site-specific basis by a registered geotechnical engineer licensed to practice in the State of
Colorado and the report shall be submitted along with permit application for building or
grading on the site."
vi. Delete Note 9 (the same language is in Note 13).
vii. Delete Note 10 and replace with "Lots 1 through 4 as depicted on this plat, or any
fractional interest therein, may not be sold, conveyed or otherwise transferred until such
time as a "RELEASE OF COLLATERAL" is approved by the Board of County Commissioners and
recorded in the office of the Garfield County Clerk and Recorder.
viii. Revise Note 11 "The Board of County Commissioners Resolution No. 2010-81 was recorded
on October 12, 2010 under Reception No. 792747 in the office of the Garfield County Clerk &
Recorder."
ix. Note 12 references the 15' irrigation easement — this easement will need to be legally
described and conveyed to the proper entity (HOA, ditch company, etc.).
x. Revise Note 15 to "Due to varying site soil conditions, all lots are required to have an
individual site specific geotechnical study which shall be submitted with the application for a
building permit."
xi. Please add the following notes (required by Reso. 2010-81).
• Building permit applications for each lot shall include a letter from the Carbondale and
Rural Fire Protection District regarding the necessity for Wildfire Defensible Space and
the necessity for automatic fire sprinkler installation which shall then be considered
conditions of approval for issuance of the building permit.
• Declaration of Covenants, Conditions and Restrictions, at Reception No. 686419 on
November 14, 2005 in the Office of the Garfield County Clerk and Recorder, are
applicable to this development. (See note in declarations about consistency and which
is dominant.)
• An Improvements Agreement, as recorded, is applicable to this development.
• The conveyance of Lots 5 and 6 are exempt from the above plat note as adequate
infrastructure exists to serve those lots;
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• On-site water storage is required of each lot in the development and plans associated
with that storage must be a part of the building permit application;
• Lots 5 and 6 are exempt from the "Fee In -lieu of School Land Dedication"
and Carbondale and Rural Fire Protection District Impact Fees as residential structures
already exist on those Tots.
2. Improvements Agreement Comments (see attached)
• Add Weed Management Plan;
• Add Fugitive Dust Plan
3. Declaration of Covenants (see attached) Add something regarding the OWS easement on
Lot 6 to benefit Lot 3
Section XI.3. Amendment or Modifications should include the statement below:
No amendments to these Declarations shall conflict with the requirements of the Board of
County Commissioners as contained in the Preliminary Plan approved by the Board of County
Commissioners recorded as Reception No. in the records of the Garfield County Clerk
and Recorder's Office and the provisions of the Unified Land Use Resolution of 2008, as
amended, unless such amendment is approved by the Board of County Commissioners.
Other requirements that the County will need prior to plat signature:
o Documents related to the formation of the HOA;
o Easement documents for conveyance to HOA (Roads, Water Distribution, Irrigation,
other utilities);
o A well -sharing agreement;
o An appraisal to calculate fee in -lieu of school land dedication — fee to be paid at building
permits;
One final note: Building Envelopes may be designated on the plat or in declarations — if on the
plat you need to be aware that all constructed improvements (except access and utilities) must
be contained within the envelope. If an owner would like to construct outside of the envelope
they may submit for an amended exemption plat to request change.
Feel free to contact me with any questions.
incer
Kathy�astley, AICP
Attachments
CC: File
Carey Gagnon
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