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HomeMy WebLinkAbout01.3 Preliminary Plan Resolution 2013-10• 1111114 ,V lith ilt I 11111 Reeeptionit: 830406 01/23/2013 03:24:21 PM Jean Alberico 1 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 7th day ofJanuary A.D. 2013, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Frank Hutfless Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 4213 - ID A RESOLUTION OF APPROVAL FOR A SUBDIVISION PRELIMINARY PLAN FOR • THE PIONEER POINT SUBDIVISION, ON A 6.7 ACRE PROPERTY OWNED BY ROGER AND AMELIA ESHELMAN, LOCATED APPROXIMATELY SIX MILES NORTHEAST OF THE TOWN OF CARBONDALE IN SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD COUNTY PARCEL NO# 2391-181-00-027 Recitals A. The Board of County Commissioners of Garfield County, Colorado (Board), received a request for a Subdivision Preliminary Plan Review for the Pioneer Point Subdivision to allow a three lot subdivision, located in Section 18, Township 7 South, Range 87 West of the sixth P.M., Garfield County. B. The Pioneer Point Subdivision is located on a 6.7 acre parcel of land owned by Roger and Amelia Eshelman. The ownership of this property is described in the Eshelman — Hogan Boundary Line Adjustment Affidavit found at Reception Number 638445 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Rural Zone District, at 7378 County Road 100, approximately six miles northeast of the Town of Carbondale. • • • • ( 1111lit hiltN1LPi tOA 11 111 Reception#: 830406 01/23/2013 03:24:21 PM Jean Albertco 2 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO D. On November 28, 2012 the Garfield County Planning Commission held a public hearing on the Application in accordance with the Unified Land Use Resolution of 2008 as amended and forwarded a recommendation of approval with conditions to the Board of County Commissioners on the Subdivision Preliminary Plan Review. E. The Board is authorized to approve, deny or approve with conditions a Subdivision Preliminary Plan Review pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public hearing on the 7`h day of January, 2013 for consideration of whether the proposed Subdivision Preliminary Plan Review should be approved, conditionally approved, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 7th day of January, 2013 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearings before the Board of County Commissioners and the Planning Commission. 2. The hearings before the Board of County Commissioners and the Planning Commission were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the approval of the proposed Pioneer Point Preliminary Subdivision Plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and approval of applicable waivers, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. L • ' IIIA '' 111.1190011VitallstNiLIV NtICH 11111 Reception#: 830406 01/23/2013 03:24;21 PM Jean Rlberioo 3 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO B. The Subdivision Preliminary Plan Review for the Pioneer Point Subdivision is hereby approved subject to compliance with the following conditions: I. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 44, 2. The Applicant shall maintain compliance with the Division of Water Resources Well Permit and related Water Court Decrees and any conditions contained therein. The Applicant and any .-future successors in ownership shall maintain the required contract with Basalt Water Conservancy District. A plat note outlining this requirement shall be included on the final plat. Irrigation water shall be allocated to each proposed lot pursuant to amendments to the shared well agreement Piet 5 v 01J • 3. The Applicant shall supplement the Water and affirmative finding by a qualified water Colorado Primary Drinking Water Standards compliance issue be noted by the test results. Quality Testing to include any additional tests testing professional that the water meets the and/or provide a treatment solution should a 4. Prior to Final Plat approval, the Applicant shall finalize and record at the time of Final Plat approval the wells sharing agreement, road' sharing agreement t;ovenants, and I/h6meowner association documents for the subdivision. All of said documents shall be kiwi— subject to final review and acceptance by the County Attorney's Office. 5. Compliance with the recommendations of the Applicant's Geotechnical Report by Yeh and Associates and the recommendations of the Colorado Geological Survey shall be required. These recommendations include site specific supplemental engineering and soils analysis for Lot 1 and supplemental engineering review of slope stability and grades for excavations associated with road cuts. Plat notes identifying the supplemental engineering requirements shall be included on the Final Plat. The Final building and driveway location on Lot 1 shall be designed to avoid or minimize impacts on areas with slopes steeper than 30% to the extent reasonably possible. The Applicant's slope analysis demonstrates that approximately 50% of the proposed Lot 1 is less than 30% slope. Compliance with slope development standards contained in Section 7-210(F) shall be required for Lot 1 and for any future expansion or additional development on Lots 2 and 3. 6. Compliance with the Carbondale and Rural Fire Protection District recommendations contained in their referral comments dated -8/4/06;-8/21108, and 11/9/12 shall be required including but not limited to creation of defensible spaces for new structures pursuant to the State guidelines, water supply for fire protection, and location and construction of access/pull-outs at the time of construction of the new access road to serve Lot 1. Said letters are attached as Exhibit A, and a plat note outlining these requirements shall be included on the final plat. ar4. • 14 3 • '1III In taw 1114/1111 Reeeption#: 830406 01/23/2013 03:24:21 PM Jean Alberico 4 of 13 Pee Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 7. Waivers from submittal requirements are approved in accordance with the Review Criteria contained in Section 4-202 (C). 8. The proposed driveways and related waivers from roadway standards contained in Section 7-308 are approved in accordance with the Review Criteria contained in Section 4- 117(C) provided the following conditions are met prior to final plat approval. a. Provision of additional documentation from the Applicant's Engineer indicating the adequacy of the various driveways to safely serve the proposed units and in particular the steeper sections of access to Lot 1. b. Provision of additional upgrades to the Lot 1 access as determined necessary by the Applicant's Engineer including potential upgrades to surfacing and widening of the initial turn toward Lot 1. c. Review and approval of supplemental upgrades to the Lot 1 access by the County — Consulting Engineer. d. Compliance with the recommendations of the Road and Bridge Department for additional access permitting the existing driveway for Lots 2 & 3 and additional improvements at both the access points onto County Road 100. e. Construction of the proposed driveway serving Lot 1 shall be subject to additional drainage and erosion protection in accordance with County regulations. t�"k"" f. The Applicant shall provide information on existing traffic counts for County Road .__ ,} ImAe 100, further demonstrating the minimal net traffic impact from the proposed ct subdivision. 9. A subdivision improvements agreement shall be submitted or improvements shall be completed prior to recording the Final Plat. 10. All new construction on the property shall be required to meet all Garfield County Building Code Requirements. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction including driveway improvements, and shall address ongoing weed management on the site consistent with the County Weed Management Plan and the Colorado Noxious Weed Act. Re -vegetation of all driveway construction shall be required. 1 1. The Applicant shall provide bear proof trash containers for any outside storage of trash within the subdivision and shall comply with the wildlife compatibility recommendation contained in the Colorado Parks and Wildlife referral letter dated 11/13/12 attached as Exhibit B. 12. The Applicant shall pay required impact fees associated with the new Lot 1 for school land dedication and Fire Impact Fees prior to the recording of the Final Plat. County Road/Traffic Impact Fees shall be referenced on the Final Plat by plat note and shall be payable at the time of issuance of a building permit for Lot 1. 4 E11 !Yri P0.4111,1%11%lid 4i1 11111 Reception#t; 830406 01/23/2013 03:24:21 PM Jean glberico 5 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO 13. The Final Plat shall be subject to review and approval by the County Attorney's Office including all certificates. The plat shall also include plat notes as shown on the attached Exhibit C except as may be edited by the County Attorney's Office as part of the final plat review. Plat notes: #4 and #7 on the draft plat included with the Application submittal shall be deleted. v ".2-1 Dated this day of J 4vYZA,:.c%-41._ , A.D. 20 1 .3 ATTEST: 11 CIerl(of the Board GARFIELD UNTY BOARD OF COMMIS GARFIELD OUNT ' DO ONER COLO Chairm Upon motion duly made and seconded the fore oing Resoluti following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY n was adopte by the STATE OF COLORADO )ss County of Garfield , Aye , Aye , Aye 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners • 5 1111 1011VAkPIiL1l1 I ! fitCH NON 11111 ' ReeeptionU: 830406 01/23/2013 03:24:21 PM Jean Rlberico 6 of 13 Rec Fee -$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit A — Fire District Referral Letters and Requirements Page 1 of 3 FIRE • EMS • RESCUE November 9. 2012 03hm Iibanmans Garfield Comity 108 8th Str Suite Dialing it Planning 01 Gwood Spis, CO 52601 R& Edselmaa, Mawr Point Subdivides/ neairCilea: Than/Mewed the application for tbe proposed Hamer Point Subtivieion. Ihave previously met with the l and my gents acs bladed in the subl�tal. t have n additicmai bow l. The newly created lots subject to devekpment impact fees adapted by the Distort. The developer will be required to eater leas an aBteemea2 with the Maim for the payment of denlepamat blipeCt 0ms. Mectaion of the agreement and payment ',film fat ma due prior to the recoadmg of the foal plat, Beet are based upon the impact fees adopted byte District suite time the apeman is executed. The current fee for residential deeekpasemt is $730.00 parunit. Please contact me if you bate soy questions or if i can be of any &sista= B7i Gamete Deputy Chief Carbmdate & &Aral Bre Protection Didriet 300 ble adowood D>;ve • Carbondale, CO 81623 . 970963-2491 Fax 970-963-0569 • r 0 1111 111 I h�1 1 E II TW rlA,INt1l 11 II 'Reception#: 830406 01/23/2013 03.24:21 PM Jean Plberico 7 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO t.xhibit A — Fire District Referral Letters and Requirements Page 2 of 3 FIRE • EMS • RESCUE August 21, 2008 Mr. RogerEshdnian 7378 Couy Road 100 Catbondale. CO 81623 RE: Sita Deer Roger. This letter is a follow up to my site visit this pest Friday, August I5, 2005. 1 would ower the following COMINMS. AMOR 1. During the visit, we drove to your existing bni_kdings usi g au3• Engine 8505 dam our Station 5. which 13 located just to the south of your prop3aty. The engine was able to adegnstedy access the existing buildings via the pest* driveway and was able to adequately turn around. i We also drove a pcatio'i of the tabling driveway nt 7338 Co atry Road I00 belonging to Dan and Ann Hagan The driveway would become part of the access for the propoeaad new Lot 1_ We WOW able to adequately motile the Iodating glade and curve, and wore able to gain ancesa to the point where the ROW driveway would continue on to Let 1. fttraliogtiltLFi nataiaa L ale Fooled st the site of tlx existing 2,000 gallon water storage tank which is locoed on the west side of the house on Lot 3. I would r_raeimend installing a dry hydrant in the tank with a 6 -inch male national standard thread (MST) along with a mini/mon 1-1/2 inch vent pipe. The tank is rouble of provide water for both of the exist:* houses. 2 it is my undemanding that ansithar 1.700 gallon water tants is proposed for Lot 1. Again, e 6-ionti dry hydtsnt1 should be installed and the tank provide with adequate venting. 1. The deretutble up= around the existing buildings is gamily adequate. 1 would =mend that. same additional fuel nation ba completed at the salami corner of the existing Lot 3 house and at the scathing caterer of the Lot 2 house. 'Weeds and gamed should he cot short wand the bans. 2. Defensible space wutmd the proposed new hie should be cempieteci using the guidelium of Colorado Stale Fartst Service (CSFS) pamphlet 6302 "Crmting Wddtise — Defmaible Zones". . Please contact toe if you have any questions, Sioxrely, s 'F 1 f r; ,4} . Bill Gavotte Deputy Chief Catbandale & Rural Fire Protoetko District 300 Meedowe d Drive • Catbondaie, C4 81623 * 970-963-2491 i^ax 97046345W 7 Exhibit A — Fire District Referral Letters and Requirements Page 3 of 3 ■!II Will Paile4115.1141V 1if'uth ®i III Reception#: 830406 01/23/2013 03:24:21 PM Jean Alberico 8 of 13 Rec Fee:$0.00 Doc Fee:0.00 GHRF/ELD COUNTY CO FIRE • EMS • RESCUE August 4, 2006 Roger mels 7378 County Road 100 Carbondale, CO 81623 RD Proposed Subdivision Dear Roger, 1 app¢eeieted the opprtunity to meet with yea to dismiss your proposed subdivision. i would offer the following cram regarding the proposal: • 1. The Fixe Pti_froict currently serves the property. The District provides both iixe and mlergency medical services. Stator No. 3 is located directly to the soar of your property. 2. Water plies for Fre pr ec!iort would be provided 5y Blew tespondMg Bre apparaius with ncidftional wrier provided by tanker shuttle. 3. The proposed new driveways appear to be adequate far emergency appmenis. Tzrmnnts may need to be incorporated into the driveways to allow vehicles to pass. 4. The new lots are subject to development impact fees adopted by the fire district. An ahem with the District will be requ rid for the payment of development impact fees. Execution of the agreement aril payment of the fats are due prior to the reoording of the mal plat. Fees are based upon the impact fres adopted by the District at the +ants the agreement is executed. The current fee for residendai development is $437.00 per unit. Please contact tae if you have any questions or if i .may be of any assistance. Bill Cavette Deputy Chief • 8 . no ♦ P3,fi�l 'hlkiNING Mill L it l'ill ,Hili 111111 'Reception#: 830406 01/23/2013 03:24:21 PM Jean Alberico 9 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit B — Colorado Parks and Wildlife Referral Letter and Requirements Page 1 of 3 UOLUKALIU PANcicS tk W1LUL1rt 0088 Wildlife Way • Glenwood Springs, Colorado 81601 Phone (970) 9472920 • FAX (1170) 947-2936 vembtx 13, refferitate.co.us • peiksstate.ce,es Glen Ha >a Garfield County Building and Planning Department 108 8a` Street, Suite 441 Glenwood Springs, CO 81601 Re: Pioneer Point Subdivision — SPPA 7391 Derr Mr. Hartmann: Colorado Parks and Wildly (CPW) has reviewed the prelimmaryplan documents for the Pioneer Point Subdivision project located at 7378 Garfield County Road 100, Casb andale, Colorado 81623. CPW staff has visited the site and have the following cammeats with respect to wildlife. The vegetation on the site is comprised primarily of pinom-juniper woodland arid sagebrush plant species. Various grasses and mountain shrubs associated with these plant communities arealso present This habitat type will sustain numerous wildlife species including mule deer, elk, wild turkey, coyote, red fox bobcat, Abert's swim* black bear, mountain lion, and numerous stroll mammals. Rapt as, such as red-tailed hawks, Ametimoi kestrels and gold® eagles, may utilize the pioon-juniper habitat for hunting, Other: songbirds may also be fwd m the area but no known threatened or endangered species or state recognized species of concern aro currently known to be nesting in the arra. The proposed project encompasses 6 — 7 total acres which includes three proposed 2+ acre home site parcels. The project lists the existing road onto Me pmperry as the continued access point. CPW supports the use of existing roads and recommends minty iamg motorized access as mach as possible, eupacially dig winter months when deer and elk will be using the area as winter range. The proposed 2+ acre lots am specialty better tbr wildlife than smaller lots however, additional buildings and increased disturbance framr an ad itionsi borne will still impact wildlife use of the property and surrounding areas. The proposed project is located in doeunicated elk wird' yr range, elk winter conoetitzation area and severe elk winter range. .CPW designates elk winter range as areas where 90 percent of the individuals are Ionated during the what= (five of ten years). Winter concentration areas are areas within a species' winter range where individual densities are at least 200 percent greater than suozumndmg winter range. Severe winter range is where 90 percent of the individuals are located when annual snow pack is at its maximum andfor temperatures arc at a minimum in the two worst winter out of ten. CPW takes STATE OF COLORADO John W. H ekeir ocper, Go,remor.Sake Plea, Essczdlue direenor. Depastmrrd Natural Reeotucan RIr3 b. Cables, Molar, Cotvadn Picks end MON Parksand MOUE Commlwon: amid R. Brotrahon • eery taeeen•Odh. V chair • Gf„a Gas111ion Dorothea Free • Tim Glum. Chat. Alan Jones . OR Kane * Gaspar Paracone • len Ptt$f • John 9hp.amry stark Sulk Secretary • Robert Skeeter • Lana WStaen • Dean U tgraao Ex an aaantere toe King and Jen Selazar • 9 il)f 14W�� �1�ih��fJi�I�rQ��L'11��4 'f Prl 'i rfrmt� 11 I1 Reception#: 830406 01/23/2013 03:24:21 PM Jean Alberico 10 of 13 Roc Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit B — Colorado Parks and Wildlife Referral Letter and Requirements Page 2 of 3 interest in the proposed project because winter range, winter concentration Arens and severe winter range are critical areas of habitat for a spectres. These areas provide needed forage, cover from predators and reheat from stressors during the period of the year when the animals are most vulnerable. Recent visits to the site have shown elk to be actively using the property and surrounding properties as both winter range and winter concentration area. Elk sign in the area is signtlicant with heavy browsing of the shrubs and scat abundant. Few habitats in the area meet the suitable requirements for elk winter range, winter concentration areas and severe Winter range. In recent years CPW has observed the loss of such habitats in the Missouri Heights and Spring Valley areas through development impacts to wildlife %till occur in two ways_ Direct Toss of habitat will occur through removal or manipulation of vegetation used as forage, shelter or cover from predators. Wildlife will not be able to adapt to areas of direct habitat loss. Indirect habitat loss will . be suffered through the effects of increased human related activity and the construction of movement barriers such as fences or walls. Wildlife may demonstrate limited resilience or adaptation to the impacts of habitat loss however reduction in native vegetation and introduced human activity will result in stressors that will negatively wildlife. The proposed development will result in increased vehicle traffic, noise pollution, overall human presence and other related stressors throughout the area and will likely affect the surrounding areas of critical habitat not explicitly encompassed within die project boundaries. The following is a List of general recommendations that CPW would like to be taklen into consideration with this proposed development to avoid contlicls with wildlife. Pets: Pets should not be allowed to roam free, especially dogs. CPW recommends that dogs be leashed or kenneled at all times to prevent the illegal chasing and harassment of wildlife_ In areas such as this where mountain lions are a concern, the kennel should include a top pawl to prevent access to the kennel by the lion. Dogs and cats chase or prey as various wildlife species. One benefit to keeping animals under control is that they are less likely to become prey for mountain lions, ooyotcs, bobcats, foxes orraptors. Pets should not be fed outside and pet food should be stored in an enclosed area. CPW recognizes that in the proposed Pioneer Point covenants dogs arc limited to two per household Trash: Trash should be kept inside a secure enclosure until the morning of trash pickup. Bears, skunks and raccoons are attracted to garbage and do become habituated. Individual bear - proof trash receptacles can be used by homeowners to assist in mitigating these conflicts. STATE OF OOLORADO JCIIM W. Ieekot400pa, Gmrcmar • Melting. Endes firs !Necker. Department. of NM I Resources 'Rink D_ Cabtas, Weeder, Colorado Parke end Wildlife Pads and WWdIif% Comml:Wm David R. Biougte n • Geri Buttereattt, Vtoe.Chait s Chris Galion Do olhea Falls • Ten Class. Chair • Asan Jaaas • 0111 Kana • Otaper FaRIGO e • Jlm Pr by1 • Joh' Singletary Murk Smith, Secretary• Rebel Miaow• Lerma Waeeoa. Dear W1g0std Fac nititfo alerAber3: Alike King and Alm mazer • 10 A1I1 iic U tiIMS 1ll�xr c� l 11111 Reception#: 830406 01/23/2013 03:24:21 PM Jean Alberico 11 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO • Exhibit B — Colorado Parks and Wildlife Referral Letter and Requirements • • Page 3 of 3 Feeding Wildlife, Feeding of all wildlife should be prohibited, with the exception of songbirds. Suet and hummingbird feeders are particularly attractive to skimks, raccoons and bears and their use should be discouraged or, if used, should be brought inside each night. It is illegal to feed big game animals including deer, elk, bear and lions as well as foxes and coyotes. Fencing: Woven wire or chain-link fences should only be used in areas where total wildlife exclusion is desired (Le. around the immediate domicile or to protect trees and shrubs). Other perimeter and lot fencing should be prohibited where possible. Should perimeter fencing be required, recommended fencing should be no higher than 42 inches in height to allow adult animals to jump the fences without becoming entangled in the top wire. A 16 inch gap should exist between the bottom wire and the ground to allow juvenile animals to pass under the fleece. The use of ornamental fencing with sharp vortical points or projections extending beyond the top rail should be strongly discouraged. CPW notes that fencing specifications are denoted in the proposed Pioneer Point covenants and supports the prohibition anew barbed wire fencing. Thank you for the opportunity to comment an this preliminary plan_ If yon have any questions or require additional information please contact District Wildlife Manager Matt Yamashita at 970-947-2931 or via e-mail i tLyatnashitai state.so,us. STATE OF COLORADO Jahn W. k iaanf4oper, Qowemcr *AM MO. Executive Matter. Department W Natural Rescuers Rhk D. Cables, Director, Cakrada Parka and %Waifs Parlor and Valais Commission Did R. Brougham • Gary Bt aen,nei, Yfce-Chair. Cads CasSan DnoOrea Fume • Tim Celan. Clint. an Jones • NI cane • Gaspar Penlcore • Jim Kos • Jona Singassary Merit Se ilh, Spcfallay • ROOM Sirastur. Lerma Wafsan . Oean Vilrivtia1d Ex [Mica mteri cera_ tdkeIgr Mud John Sata;u 1➢ • • • 1111KII41K1r1lFIFirriiiinM ILII+' �I�NfCII�i�,INHi 11II1 Reception#: 830406 01/23/2013 03:24:21 PM Jean Alberico 12 of 13 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Exhibit C - Plat Notes 1. Control of noxious weeds is the responsibility of the property owner in compliance with the Garfield County Weed Management Plan and the Colorado Noxious Weed Act. 2. No new open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 3. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 4. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et. 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 with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations. 5. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to leam about these rights and responsibilities an act as good neighbors and citizens of the county. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 6. The mineral rights associated with this property may not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. Dogs kept on the property shall be in a fenced yard, kennel or on a leash to prevent harassment of wildlife. Any outside storage of trash shall be in a bear proof container. Feeding of wildlife shall be prohibited with the exception of songbirds. Fencing on the property shall 12 illi !i'� �rK1�IM��IrrIr�P�'4fCl IM+� 1I !11 Reception#: 830406 0113 of Fee:$0.00 DocaFee:0.00cGARFIELD COUNTY CO • comply with the Division of Wildlife specifications for wildlife -friendly fencing contained in their 11/13/12 referral letter. 8. Engineer -designed foundations are required within this subdivision, along with compliance with requirements for supplemental geo-technical and soils analysis and recommendations of the Yeh and Associates Geotechnical Report (dated August 28, 2009) and the Colorado Geological Survey Referral Comments (dated November 14, 2012) for improvements including road construction. 9. Garfield County Traffic Impact fees shall be paid for development of Lot 1 at the time of filing a building permit application for Lot 1. 10. Subdivision Improvement Plat Note to be prepared by the County Attorney's Office. • • 13 • STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 7th day of January A.D. 2013, there were present: John Martin Mike Samson Tom Jankovsky Carey Gagnon Frank Hutfless Jean Alberico Andrew Gorgey , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , County Attorney , Clerk of the Board i County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. • A RESOLUTION OF APPROVAL FOR A SUBDIVISION PRELIMINARY PLAN FOR THE PIONEER POINT SUBDIVISION, ON A 6.7 ACRE PROPERTY OWNED BY ROGER AND AMELIA ESHELMAN, LOCATED APPROXIMATELY SIX MILES NORTHEAST OF THE TOWN OF CARBONDALE IN SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6TH P.M., GARFIELD COUNTY • PARCEL NO# 2391-181-00-027 Recitals A. The Board of County Commissioners of Garfield County, Colorado (Board), received a request for a Subdivision Preliminary Plan Review for the Pioneer Point Subdivision to allow a three lot subdivision, located in Section 18, Township 7 South, Range 87 West of the sixth P.M., Garfield County. B. The Pioneer Point Subdivision is located on a 6.7 acre parcel of land owned by Roger and Amelia Eshelman. The ownership of this property is described in the Eshelman — Hogan Boundary Line Adjustment Affidavit found at Reception Number 638445 in the records of the Garfield County Clerk and Recorder. C. The subject property is located within unincorporated Garfield County in the Rural Zone District, at 7378 County Road 100, approximately six miles northeast of the Town of Carbondale. 1 • • • D. On November 28, 2012 the Garfield County Planning Commission held a public hearing on the Application in accordance with the Unified Land Use Resolution of 2008 as amended and forwarded a recommendation of approval with conditions to the Board of County Commissioners on the Subdivision Preliminary Plan Review. E. The Board is authorized to approve, deny or approve with conditions a Subdivision Preliminary Plan Review pursuant to the Unified Land Use Resolution of 2008, as amended. F. The Board of County Commissioners opened a public hearing on the 7th day of January, 2013 for consideration of whether the proposed Subdivision Preliminary Plan Review should be approved, conditionally approved, or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board of County Commissioners closed the public hearing on the 7`h day of January, 2013 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearings before the Board of County Commissioners and the Planning Commission. 2. The hearings before the Board of County Commissioners and the Planning Commission were extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons the approval of the proposed Pioneer Point Preliminary Subdivision Plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and approval of applicable waivers, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Subdivision Preliminary Plan Review for the Pioneer Point Subdivision is hereby approved subject to compliance with the following conditions: 1. All representations of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioners. 2. The Applicant shall maintain compliance with the Division of Water Resources Well Permit and related Water Court Decrees and any conditions contained therein. The Applicant and any future successors in ownership shall maintain the required contract with Basalt Water Conservancy District. A plat note outlining this requirement shall be included on the final plat. Irrigation water shall be allocated to each proposed lot pursuant to amendments to the shared well agreement. 3. The Applicant shall supplement the Water Quality Testing to include any additional tests and affirmative finding by a qualified water testing professional that the water meets the Colorado Primary Drinking Water Standards and/or provide a treatment solution should a compliance issue be noted by the test results. 4. Prior to Final Plat approval, the Applicant shall finalize and record at the time of Final Plat approval the well sharing agreement, road sharing agreement, covenants, and homeowner association documents for the subdivision. All of said documents shall be subject to final review and acceptance by the County Attorney's Office. 5. Compliance with the recommendations of the Applicant's Geotechnical Report by Yeh and Associates and the recommendations of the Colorado Geological Survey shall be required. These recommendations include site specific supplemental engineering and soils analysis for Lot 1 and supplemental engineering review of slope stability and grades for excavations associated with road cuts. Plat notes identifying the supplemental engineering requirements shall be included on the Final Plat. The Final building and driveway location on Lot 1 shall be designed to avoid or minimize impacts on areas with slopes steeper than 30% to the extent reasonably possible. The Applicant's slope analysis demonstrates that approximately 50% of the proposed Lot 1 is less than 30% slope. Compliance with slope development standards contained in Section 7-210(F) shall be required for Lot 1 and for any future expansion or additional development on Lots 2 and 3. 6. Compliance with the Carbondale and Rural Fire Protection District recommendations contained in their referral comments dated 8/4/06, 8/21/08, and 11/9/12 shall be required including but not limited to creation of defensible spaces for new structures pursuant to the State guidelines, water supply for fire protection, and location and construction of access/pull-outs at the time of construction of the new access road to serve Lot 1. Said letters are attached as Exhibit A, and a plat note outlining these requirements shall be included on the final plat. 3 • • 7. Waivers from submittal requirements are approved in accordance with the Review Criteria contained in Section 4-202 (C). 8. The proposed driveways and related waivers from roadway standards contained in Section 7-308 are approved in accordance with the Review Criteria contained in Section 4- 117(C) provided the following conditions are met prior to final plat approval. a. Provision of additional documentation from the Applicant's Engineer indicating the adequacy of the various driveways to safely serve the proposed units and in particular the steeper sections of access to Lot 1. b. Provision of additional upgrades to the Lot 1 access as determined necessary by the Applicant's Engineer including potential upgrades to surfacing and widening of the initial turn toward Lot 1. c. Review and approval of supplemental upgrades to the Lot 1 access by the County Consulting Engineer. d. Compliance with the recommendations of the Road and Bridge Department for additional access permitting the existing driveway for Lots 2 & 3 and additional improvements at both the access points onto County Road 100. e. Construction of the proposed driveway serving Lot 1 shall be subject to additional drainage and erosion protection in accordance with County regulations. f. The Applicant shall provide information on existing traffic counts for County Road 100, further demonstrating the minimal net traffic impact from the proposed subdivision. 9. A subdivision improvements agreement shall be submitted or improvements shall be completed prior to recording the Final Plat. 10. All new construction on the property shall be required to meet all Garfield County Building Code Requirements. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction including driveway improvements, and shall address ongoing weed management on the site consistent with the County Weed Management Plan and the Colorado Noxious Weed Act. Re -vegetation of all driveway construction shall be required. 11. The Applicant shall provide bear proof trash containers for any outside storage of trash within the subdivision and shall comply with the wildlife compatibility recommendation contained in the Colorado Parks and Wildlife referral letter dated 11/13/12 attached as Exhibit B. 12. The Applicant shall pay required impact fees associated with the new Lot 1 for school land dedication and Fire Impact Fees prior to the recording of the Final Plat. County Road/Traffic Impact Fees shall be referenced on the Final Plat by plat note and shall be payable at the time of issuance of a building permit for Lot 1. • • • 13. The Final Plat shall be subject to review and approval by the County Attorney's Office including all certificates. The plat shall also include plat notes as shown on the attached Exhibit C except as may be edited by the County Attorney's Office as part of the final plat review. Plat notes #4 and #7 on the draft plat included with the Application submittal shall be deleted. Dated this ATTEST: day of , A.D. 20 GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye , Aye , Aye STATE OF COLORADO )ss County of Garfield County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 5 • • Exhibit A — Fire District Referral Letters and Requirements Page 1 of 3 FIRE • EMS • RESCUE November 9, 2012 Glenn 1lartnwnnn Garfield County B ttildirtg & Planting 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Eshelman, Pioneer Point Subdivision Dear Glen: 1 have reviewed the application for the proposed Pioneer Point Sabdivision- I have previously met with the applicant and my cnmments are included in the submittal. 1 have no additional issues with the proposal. The newly created lot is subject to development impact fees adopted by the I]istrict. The developer will be required to enter into an agreement with the District for the payment of development impact fccs. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is $730.00 per unit. Please coniaut me if you have any questions or if 1 can be of any assistance. 4 G� hill (layette Deputy Chief Carbondale & Rural Fire Pruteettan District 300 Meadowood Drive • Carbondale, CO 81623.970-963.2491 Fax 970-963-0569 Exhibit A — Fire District Referral Letters and Requirements Page 2 of 3 FIRE EMS • FLESCVE August 2!, 20C4 M; .Rogur Eshelman 7378 Courgty Road 11R) Calloondsle: co 81621 RE: Silo Visit Dear Roger. its ,Irr is a fOlow up to yki ttii:s pi Friday. Adgus: 15. MM. 1 would °ler the folk:wing cootaittlts. Access. t Darlag tl-te vislt, wec.t.ov.?. to -frill,. existing buildingtiss.:1-, 550.5 dm our Striddri 5. 'lit!h to The o!"...youf 'Iho io adecit.eteiy accig-ii ire e:t. sting buildings via ti-ic exis(ing driveway aki was thic aik:.:i,- ri• around. We also drove a portion a' the e7.istin.g elrgwtvay& ts..id 100 belongiroz to NA and ArinHgti Toc dvway wild bccoule pra-t ot 0%2 A-w.f.- T..51: I. Wt. vt able ?.o scicettstely ncgc.itiv..te gmde • poirn whore glic ileT fief-ICY:2y Vir21110 crn utn.fr) -V.Voivr Sib ti Fr Prtgeta!ott loolteC„ st the site 44.11e er.:s4 tug 2,000 gallon ir tas2t i kvd ox ik wcel iki oC tb hoax on Lit 3 1 WOU:C.,• ItTortainutki instaRgug dcy hydrant lo tk. utak Plait; a'Ac.idarq t bleat, (NS e. loaf; .,A'gih isiairalart i -1,2 c.,Apit!"ie of pritvitic water Ecir hiiing kaiser. 2. It is my understanding that another 1,700 ,s-jaI!oi i roitoried &rLn 1. Again, 6-h thy hydrant shockl be ir'sfa& c1 he tank typv-itle with ii4riitiste venting 1,41epttbil fedsct 1. The defensible siirgiee stouriclL1e:t tLil1 uiliaa i.getirisIty adepate. I would recow rEoci :iit some additional Lei modification b empletcd st the soutLeast :Islam or the c:idsting Lot 3 hcaos•os and fr:th1 outiravist corner f tbc Lot 2 house. Weeds srigd grassed sktuld bc cut shot around the nam. 2. Defernible space around the; proposed Devi houlte should in using tho guideimss of Coloeado State icreg Service parrphlet 6.302 ''Creattag osible Lan". Plowle couta4 rot if you have any citgesticaiii. Sineerely, j. 'IL4 Hill cuvette Deputy Chief Curbatrials. tire PrPtectipn 300 Meadovitstri • CarlINtial,e. CC 81623 • 970-963-24 1 "ex 970-963-1)569 - • Exhibit A — Fire District Referral Letters and Requirements Page 3 of 3 ' of FIRE • 1MS • :i A.lgtiet 4, _)O Rile Eshelman 7178 Onur4y Raaxl 100 Carbondale, CO 81623 RFS.`. Prapezeri St bitlivi5init D ac Roger, appreo12.ted fre :jpp-.jft;ir ity to iite;t i'ijf ';Swto dis iss ypirr proposed sabillyifirta. 1 would of of the io1?tiwing cvrtrr-F'•<j2 ranrdillg tl;e 3, The Fire i i3 ri cu:z:lnil ^: mors the property. Tiie District pro'ide3 to t fire 3r'd ffAIC.e. y:; `.tiC i. Studer,. 1'L. 5 i' tr,g2i. d Ec t`' f to the .I.. .7 4i .5iarer . c,_ hrf 4v:o.e.1 Cc ,fray ul.lt r.r _;lam �.:�57Lt.i::� Fr:. u?��'i117ii 1 wer.e.: ovi er? fi'j latkei" h7. prop:::ed rq y tifivewaysapp EkT.''CD t. ftlGClsiii ear zli,cfgct?Cy;ii9yd?i i . n51:d to b:: lltf.011?4II'stt t into thc dli4tURS itiftriX '.t) Om. 4. The new lois ate a bject tc• dt,veitip..erti; irji 3:,► fite3k.rkpteri by •t1-4 Alit district a'gtZeit9eni with t,h. J?:4ttict will be iegdc .C1 for t, c p ynicriJ.+)f dS velopmert ITpa es. Execution or ttt'.. Ity..r;ltizt and payraer5r of the fees are duc r,lior to t1x. t'r'(Yj :_ gni rho final plat- Fees ale hosed _spon the impact Res adopted bj :!. Dlsiriet at The tis! c '.hi it�'c iYCT:1 is t'<ecutal, 7hz c x r::. fee for msidt .li:ii c?ey�i usg.tt PZ ;43$437.LX1 lir unit. Please contact. me if you haves ins ;72• if inlay be of ally z asistata: >. Sirl I 7 Bill ffayeity Deputy Chief • • • Exhibit B — Colorado Parks and Wildlife Referral Letter and Requirements Page 1 of 3 (.U1,()KAIJl1 I'A K(' l'A KicS t5: l'V1L1VL1['i 0088 Wildlife Way • Glenwood Springs, Colorado 81601 Phone (910) 947-2920 • FAX (970) 947-2936 vc.nber 13. te.state.co,us • pares.state,co.us Glenn liartnrann Garfield County Building and Planning Department 108 81' Street, Suite 401 Glenwood Springs, CO 81601 Re: Pioneer Point Subdivision — SPPA 7:191 Dear Mr. Hartmann: Colorado Parks and Wildlife (CPW) has reviewed the preliminary plan documents for the Pioneer Point Subdivision project located at 7378 Garfield County Road 100, Carbondale, Colorado 81623. CPW staff has visited the site and have the following comments with respect to wildlife. The vegetation on the site is comprised primarily of pinon-juniper woodland and sagebrush plant species. Various grasses and mountain shrubs associated with these plant communities are also present. This habitat type will sustain numerous wildlife species including mule deer, elk, wild turkey, coyote, red fix, bobcat, Aberes squirrel, black bear, mountain lion, and numerous small mammals. Raptors, such as red tailed hawks, American kestrels and golden eagles, may utilize the pinon-juniper habitat for hunting. Other songbirds may also be found in the arca but no known threatened or endangered species or state recognized species of concern are currently known to be nesting in the arca. 1'he proposed project encompasses 6 -• 7 total acres which includes three proposed 2 , acre home site parcels. The project lists the existing road onto the property as *.hc continued access point. CPW supports the use of existing roads and recommends minimizing motorized access as much as possible, especially during winter months when deer and elk will be using the area as winter range. The proposed 2+- acre lots are spatially better for wildlife than smaller lots however; additional buildings and increased disturbance front an additional home will still impact wildlife use of the property and surrounding areas, The proposed project is located in documented elk winter range, elk winter concentration area and severe elk winter range. CPA' designates elk winter range as areas where 90 percent of the individuals arc located during the winter tfive of ten years). Winter concentration areas arc arc3S within a species' winter range where individual densities are at least 200 percent 8 cater than surrounding Winter range. Severe winter range is where 90 percent of the individuals arc located when annual snow pack is at its maximum and/or temperatures arc at a minimum in the two worst wintery out of ten. CPW takes STAT F OF COI ORADO Joon W ilickevIlunpnr, rxr•rrnor • Alike Knp, Eaarut ve C •bctui, Liextriet 'i of Nsiunl ilCY i'Jr::bS 121,1,t D. Catles, LSrecior, Ccors,;c r'aiv en: Y•'i:dkre Parks and Cairn s.5-430: Oasd R. Ercr r,am • Gar), Brdtervrt:rti', +;i_o•Chi r • r:his C*t it+cn 6;.ruJ ea Ennis • T:rn Glen t, CCsr • Aran Janes • 3U1 Kare • Gaspar i'e:riccre • J° n b'rn • Jori S:naelary Ver k 5•n t , 3ccr6Ie • Robsri Stranier •'.er,a WaI ' i • ne:r'Ji'•ip<r_d c1Rtiu Wamtars. Alike Keg any Jots Salazar Exhibit B — Colorado Parks and Wildlife Referral Letter and Requirements Page 2 of 3 interest in the proposed project because winter range, winter concentration areas rind severe winter range arc critical areas of habitat for a species. These areas provide netxdcd forage. cover from predators and retreat from stressont during the period of the year when the animals are most vulnerable. Recent visas to the site have shown elk to be actively using the property and surrounding properties as both winter range and winter concentration area. Elk sign in the area is significant with heavy browsing of the shrubs and scat abundant, Few habitats in the arca meet the suitable, tiirentents for elk winter range, winter concentration areas and severe winter range. In recent years CPW has observed the loss of such habitats in the Missouri heights and Spring Valley areas through development. impacts to wildlife will occur in two ways. Direct los, of habitat will oceur through removal or manipulation of vegetation used as forage, she:ter or ;:over from predators. Wildlife will not be able to adapt to ureas of direct habitat loss_ ltrdireet habitat loss will be suffered through the effects of increased human related activity and the construction of movement harriers stieh as fences or walls;. Wildlife may deinotistrate limited resilience or adaptation to the impacts of habitat loss however reduction in native vegetation and introduced human activity will mutt in stressors that will negatively wildlife. The proposed development will result in increased vehicle traffic. noise pollution, overall human presence and other related strcasors throughout the circa and will likely affect the surromding arca; of crkical habitat not explicitly encompassed within the project boundaries, • The following is a list of general recommendations that CPPV would like to tic taken into consideration with this proposed development to avoid conflicts with wildlife. Puts: Pets should not be allowed to main tree, especially. dogs. C.PW recommends that dogs be leashed or kenneled at all times to prevent the illegal chasing and harassment of wildlife. In areas such as this where mountain ]ions are a concern, the kennel should include a top panel to prevent access to the keroid by the lion. Dogs and cats chase or prey on various wildlife species. One benefit to keeping animals under control is that they arc less ripely to become prey for mountain lions, coyotes, bobcats, foxes or raptor. Pets should not be led outside and pet food should be stored in an enclosed arca. CPW recognizes that in the proposed Pioneer Point covenants dogs aro limited to two per household. Trash: Trash should be kept inside a secure enclosure until the morning of trash pickup. Bears, skunks and raccoons arc att_acted to garbage and do become habituated. Individual heat- proof trash receptacles can he used by homeowners to assist in mitigating these conflicts. SIA'e Of COLORADO Jc•rr V.. 1 cknnaoprr. Gzvoli-r;r • Mie K ^}]. Fxerutive .:irertcr nerinrtrrvn. Cr Nati.xat rtnscrurae>. Rick?:. Cables, Director Cnttra to !'arks sits III. e Parks and illi cairn Crnnres'tr' Dir.Rd R ®roughom • Gary ardtarnr1J', Vicn-Oh^t:;r • Airs* Cnslitan C:xuI. a:41 Far' 3 • Ti,aG mit^ Cf t..-; • N+ran Jams • MP iKi+iro • Gatj. u re,i ii ci • Jinn r'rk:yi • .john SInIetary Ala« 3ndf, Sr•.r•r+aryl Rc ' Strrr,:G-.. cry a V.43,,vx • Grtun 1'iinrJrii d r.a Old= t errttr:re.. Mike King and Jahn S:r1;+491 • 10 • • Exhibit B — Colorado Parks and Wildlife Referral Letter and Requirements Page 3 of 3 Feeding Wildlife=:: Feeding of all wildlife should he prohibited, with Lie exception of songbirds. Suet and hummingbird feeders are particularly attractive to skunk, raccoons and bears and their use should he discouraged or, it -used, should be brought inside each night. It is illegal to feed big guano animals including deer, elk, bear and lions 4S well as foxes and coyotes, Fencing: ',Woven wire or chair. -link fences should only be used in areas when: artal wildlife exclusion is desired (i.e. around the intnttdiatc domicile or to protect trees and shrubs). Other perimeter and lot fencing should be prohibited where possible. Should perimeter fencing be required, recommended fencing should be no higher than 42 inches in height to allow adult animals to jurtlp the. fences without becoming entangled in the top wire. A 16 inch gap should exist between the bottom wire and the ground to allow juvenile animals to pass tinder the fence. The use: ofornatneatal fencing with sharp vertical points or projections extending beyond the top rail should be strongly discouraged. CPW notes that fencing rper..1 "cations are d xtoted in the proposed Pioneer Point covenants and supports the prohibition of new barbed wore fencing. Thank you for the opportunity to comment on this preliminary plan. If you have any questions or require add :i.rlat information please contact District Wildlife Manager Islatt Yamashita at 970-9L 7-? 91 1 or +yid e-rnttil un_y:arnashitariotatec o its Since • r /Perry W. Ate ildlife N14a.:t::= s rkI t:. o- COL011A1)0 Jar Yr. re a rk :ar ti:r.er-cr • hilae King. r'xeculi e'naacIcr l«parl r et . { Nalum•A Re nu-rcs �i'ct D. Cass. Dir. cmr. ColcraCo Paras aria WItC` fe pr, -;,,t rat .Ailm Crer9+.t.": rev: ^.i 4 R. dram jhxm r Gary aullernrl'-, Vier Char • Ch's Car an I.M.."-:. Fins • : R`7 vle- i Chs- • Ala, Jones • Baf Kale • Gaspar ran-IL:me • Jim of itryl . }u• r 3u^ elar1 hark 4 r:th, Snc:raty? • :tcaiurt 9r7aer-• arrta S+ra•sc, • fl" V::ngrinl'. ... C:'Ic:o Vert -Awl. 611ar KirxJ:vrri July, a;,1a2ar 11 • Exhibit C - Plat Notes 1. Control of noxious weeds is the responsibility of the property owner in compliance with the Garfield County Weed Management Plan and the Colorado Noxious Weed Act. 2. No new open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 3. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 4. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et. 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 with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, fanning and other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations. 5. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities an act as good neighbors and citizens of the county. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 6. The mineral rights associated with this property may not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. Dogs kept on the property shall be in a fenced yard, kennel or on a leash to prevent harassment of wildlife. Any outside storage of trash shall be in a bear proof container. Feeding of wildlife shall be prohibited with the exception of songbirds. Fencing on the property shall 12 • • comply with the Division of Wildlife specifications for wildlife -friendly fencing contained in their 11/13/12 referral letter. 8. Engineer -designed foundations are required within this subdivision, along with compliance with requirements for supplemental geo-technical and soils analysis and recommendations of the Yeh and Associates Geotechnical Report (dated August 28, 2009) and the Colorado Geological Survey Referral Comments (dated November 14, 2012) for improvements including road construction. 9. Garfield County Traffic Impact fees shall be paid for development of Lot 1 at the time of fling a building permit application for Lot 1. 10. Subdivision Improvement Plat Note to be prepared by the County Attorney's Office. 13