HomeMy WebLinkAbout3.0 PUD Application
Garfield County, Colorado
Parcels 218535415002 and 218535315003
Planned Unit Development Application
Prepared November 1, 2018 for:
Dunrene Group
Contact: Robert Macgregor
710 East Durant Avenue, Suite W-6
Aspen, CO 81611
970.925.9046
Flying M Ranch Planned Unit Development Application November 1, 2018
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Planned Unit Development Application
Table of Contents
4-203. General Submittal Requirements ................................................................................................. 5
Pre-Application Conference Summary .................................................................................................... 5
Application Form ..................................................................................................................................... 11
Fee Agreement ......................................................................................................................................... 13
Statements of Authority .......................................................................................................................... 15
Letters of Authorization .......................................................................................................................... 17
Waiver Requests ...................................................................................................................................... 19
4-203.B.2 - Ownership Information ........................................................................................................ 23
4-203.B.3 - Adjacent Property Owners ................................................................................................... 23
4-203.B.3 - Mineral Owners and Lessees .............................................................................................. 23
4-203.B - Project Description .................................................................................................................. 25
4-203.C - Vicinity Map .............................................................................................................................. 26
4-203.D - Site Plan .................................................................................................................................... 28
4-203.G - Impact Analysis ....................................................................................................................... 28
4-203.H - Rezoning Justification Report ................................................................................................ 28
4-203.J - Development Agreement ......................................................................................................... 28
4-203.L - Traffic Study ............................................................................................................................. 28
4-203.O - Floodplain Analysis ................................................................................................................. 28
6-202.C - Review Criteria ......................................................................................................................... 29
6-302.A – PUD Plan .................................................................................................................................. 30
6-302.B - Amendment Justification Report ........................................................................................... 31
Responses to Standards in Article 7, Division 1. General Approval Standards ............................... 31
7-101. Zone District Use Regulations ................................................................................................... 31
7-102. Comprehensive Plan and Intergovernmental ............................................................................ 31
7-103. Compatibility .............................................................................................................................. 31
7-104. Source of Water ........................................................................................................................ 32
7-105. Central Water Distribution and Wastewater Systems ............................................................... 32
7-106. Public Utilities ............................................................................................................................ 32
7-107. Access and Roadways .............................................................................................................. 32
7-108. Use of Land Subject to Natural Hazards ................................................................................... 32
7-109. Fire Protection ........................................................................................................................... 33
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Division 3 Site Planning and Development Standards ....................................................................... 33
7-301. Compatible Design .................................................................................................................... 33
7-302. Off-Street Parking and Loading Standards ............................................................................... 33
7-303. Landscape Standards ............................................................................................................... 34
7-304. Lighting Standards .................................................................................................................... 34
7-305. Snow Storage Standards .......................................................................................................... 34
7-306. Trail and Walkway Standards .................................................................................................... 34
Comprehensive Plan & Intergovernmental Agreements ..................................................................... 35
Exhibits ..................................................................................................................................................... 35
A Title Commitment – Lot 2 & Lot 3
B Balcomb & Green Conformance to Comprehensive Plan Report
C High Country Engineering Impact Analysis and Utility Report
D Felsburg Holt & Ullevig Flying M Ranch Traffic Assessment
E Colorado Wildlife Science, LLC Ecological Assessment of Eastbank Property
F Development Agreement and Subdivision Improvements Agreement
H Rezoning Justification Report
I Master Declaration for The Flying M Ranch P.U.D.
J Easement Deed and Agreement for Access Road and Utilities
K Geotechnical Engineering Study
L Design Guidelines
M Planned Unit Development Guide
N Safe Routes to Schools Map
O High Country Engineering Preliminary Plan/P.U.D. Map
Flying M Ranch Planned Unit Development Application November 1, 2018
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Application Team
Applicant
Dunrene Group
Contact: Robert Macgregor
710 East Durant Avenue, Suite W-6
Aspen, CO 81611
970.925.9046
Land Owner
Eastbank, LLC
Contact: Robert Macgregor
710 East Durant Avenue, Suite W-6
Aspen, CO 81611
970.925.9046
Legal Counsel
Balcomb & Green, P.C.
Contact: Chad Lee
818 Colorado Ave
Glenwood Springs, CO 81602
970.945.6546
Civil Engineering/Survey
High Country Engineering, Inc.
Contact: Roger Neal
1517 Blake Avenue, Suite 101
Glenwood Springs, CO 81601
970.945.8676
Land Planning
The Land Studio, Inc.
Contact: Doug Pratte
365 River Bend Way
Glenwood Springs, Colorado 81601
970.927.3690
Traffic Engineering
Felsburg Holt & Ullevig
Contact: Christopher J. Fasching
6300 South Syracuse Way, Suite 600
Centennial, CO 80111
(303) 721-1440
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4-203. General Submittal Requirements
Pre-Application Conference Summary
Garfield County
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
l970l94s-82t2
www.ga rf ield-cou ntv.com
PRE.APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 218535315003, 2185354L5002 DATE: April 25, 2018
PROJECT: Eastbank PUD
OWNERS/APPLICANT: Eastbank LLC
REPRESENTATIVE: Robert McGregor and Chad Lee, Balcomb and Green
pRACTICAL IOCATION: Eastbank Minor Subdivision, Lots 2 and 3 - Approximately 2.5 miles south
of the City of Glenwood Springs
ZONING: Rural
TYPE OF APPLICATION: PUD
COMPREHENSIVE PLAN: City of Glenwood Springs Urban Growth Area
I. GENERAL PROJECT D PTION
The applicant is requesting to create a PUD within Lots 2 and 3 of the Eastbank Minor Subdivision.
Access to the PUD is proposed to be shared with the Riverview School off County Road 154 just
southeast of the intersection with the RFTA Rio Grande Trail. With the development of the Riverview
School, the development is anticipated to be served by Roaring Fork Water and Sanitation District
(RFWSD) water and wastewater lines. While the exact development to take place within the PUD has
not yet been finalized, from representations made in the pre-application meeting and the attached
site concept plan, the range of development consists of hospice and assisted living facilities, a rental
tiny home community, three condo buildings, and patio / independent living homes.
Each of the represented uses are anticipated to be on their own parcel which is contemplated to
correspond with the relevant zone district within the PUD. As a result, this PUD application is
anticipated to be accompanied by a Major Subdivision application for 10-1-4 lots. lt is anticipated that
this PUD application and the Major Subdivision application would be processed concurrently.
Flying M Ranch Planned Unit Development Application November 1, 2018
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Regarding access, it is understood that the right of way easements for the Riverview School, which
would also be the primary access for the proposed development, have not yet been finalized' The
applicant will need to demonstrate legal access to each of the parcels that would be created by the
subdivision and each development area within the PUD. The charactoristics of these internal roads
will be èvaluated to the highest traffic impact use as identified within the PUD. Further, the access
points onto CR 154 and Highway 82 will need to be evaluated for necessary upgrades based on the
traffic impact study.
Regarding affordable housing requirements as outlined in Article 8 of the LUDC, these are applicable
to any subdivision proposing 15 or more lots. As this development is understood to only be creating
LO-L4lots, these standards are not applicable. ln addition, should the condominium buildings be
processed as a Common lnterest Community Subdivision, as represented and as interpreted at the
time of this Pre-Application Conference Summary, Article 8 is not applicable to this type of
subdivision as it wound not create 15 or more Lots as defined in the LUDC.
As discussed, the uses identified within each of the PUD zone districts will need to be analyzed to
their most impactful extent for traffic, water, and wastewater, as well as the review standards
identified in Section 6-202($1, Review Criteria and Sectin 6-40L, Development Standards.
Sub ect Parcels
2
Flying M Ranch Planned Unit Development Application November 1, 2018
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II. REGU RY PROVISIONS AP IS REOUIRED TO ADDRESS
Garfield County Comprehensive Plan 2030
Garfield County Land Use and Development Code, as amended
Section 6-L01 General Provisions
Section 6-202 PUD Zoning
o Article 7, Division 1 (excludin e 7-tOLl and by extension Section 4-203(M) (Water
Supply)
o Section 4-L13(C) {Rezoning)
Table 6-201Common Review Procedures and Required Notice
Table 6-301 Application Su bm itta I Req uirements
Section 6-302 Description of Submittal Requirements
Section 6-40L Development Standards
Applicable provisions from Article 7, Standards
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As a new PUD, the application will be required to be heard in a public hearing with the Planning
Commission and the Board of County Commissioners. While the Planning Commission is a
recommending body to the Board, the Board of County Commissioners will make the final
determination of approval, denial, or approval with conditions'
Flying M Ranch Planned Unit Development Application November 1, 2018
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Notice for both the Planning Commission and the Board of County Commissioner is a minimum of 30
days prior to the hearing date. Notice must be sent to adjacent property owners, mineral owners,
the property must be posted, and a legal ad must run in the Rifle Citizên Telegram.
For details on the process, please see the relevant code sections identified within Table 6-201'. A flow
chart of the process has also been attached for reference.
VI. SUBMITTAT IREMENTS
As a new PUD, Table 6-30L outlines the submittal requirements. ln addition, the application will need
to include documentation to address all required review criteria and development standards.
please referdirectlytoTable 6-301 and the list of GeneralApplication Materials in section 4-2O3for
the full description of this information:r General Application Materials (4-203.8)
o Application Form
o General Project descriPtion
o Ownership Documentation (deed) for land held by the HOA within the PUD
(applicant must be a property owner)
o Statement of Authority or Letter of Authorization, as necessary
o Fee Payment and Payment Agreement Form
o Pre-Application ConferenceSummary
o Names and addresses of all property owners and mineral owners of record within
thE PUD.. Vicinity Map (a-203.C)
. Site Plan (4-203.D)
4
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Flying M Ranch Planned Unit Development Application November 1, 2018
9
. lmpact Analysis (4-203G)
. Rezoning Justification Report (4-203.H)
. Development Agreement (4-203. J) - May be
accomplished through a Subdivision
lmprovements Agreement should the subdivision
be processed concurrantly
. Traffic Study (4-203.1)
. Floodplain Analysis (a-203.O)
. PUD Guide (6-302.A) - See details of submittal
requirements for both PUD Map and PUD Guide
' Amendment Justification Report (6-302.8)
. Please respond directly to the Review Criteria
listed in Section 6-2O2.C and as excerpted below.
An opplicotion for PUD Zoning sholl meet the
following criteria:
Appl ication Su ttrr¡ itta I
3 Hard Copies
1 ûigital PDt Copy (on CD or USB stick)
Eoth The paper and the digital copy
should be split into individual sections.
Please refer to the list included in your
pre-application conference summary for
the submittal requirements that are
appropriate for your application:
. General Applicat¡on Matèr¡als. V¡cin¡ty Map- Site Plan. G¡ading and Drainage Plan. Landscape Plan. lmpãct Analysis. Traffic Study. Water Supply/Distribution Plan. wðstewater Management Plan. Article 7 Standards
7. purpose and Appticability. The PIJD meets the purpose ond opplicobility of this Code, øs
provided in section 6-L01.A. and B.
2. Development Stondords. The PIJD meets the Development Støndords as provided in section
6-401..
3. Standords, Article 7. The PUD meets the standards within Article 7, Division 1-, excluding 7-
l0l. (See reference to Section 4-203.M regarding Water Supply in Section 7-LO4)
4. Rezoning Criterio. The PUD meets the Rezoning Review Criteria in section 4-113.C.
5. Estobtished Zoning Standards. The PUD Plan adequotely establishes uses ond standards
governing the development, density, and intensity of lond use by means of dimensional or
other støndards.
' Please respond directly to the Development Standards in Section 6-401
. Please respond directly to the Standards identified in Article 7, Division 3. Site Plannign
and Development Standards
Submit three paper copies and one digital copy of the application. Additional copies will be
requested upon determination of completeness, if necessary. See the land use code for additional
information on submittal requirements.
5
Flying M Ranch Planned Unit Development Application November 1, 2018
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IV. APPLICATION REVIEW
a. Review by:Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing:None (Director's Decisionl
_X_Pla nni ng Commission
X Board of County Commissioners
_ Board of Adjustment
c. ReferralAgencies:May include Garfield County Road and Bridge, Fire Protection District,
City of Glenwood Springs, Roaring Fork Water and Sanitation District,
Colorado Department of Transportation, Garfield County Vegetation
Management, Roaring Fork Conservancy, and Garfield County
Designated Engineer.
V. APPL¡CATION REVIEW FEES
a. Planning Review Fees: S 500.00
b. Referral Agency Fees: S fAO - consulting engineer/civil engineer fees
c. Total Deposit:S SOO.OO (additional hours are billed at $40.50 /hour)
Disclaimer
The pre-application meeting summary is only valid for six (6) months from the date of the written
summary. The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon factual
representations that may or may not be accurate. This summary does not create a legal or vested
right.
Pre-aoolication Su marv Preoared bv:
April25, 2018
David Pesnichak, AICP, Senior Planner Date
6
Flying M Ranch Planned Unit Development Application November 1, 2018
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Application Form
Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfield-county.com
LAND USE CHANGE PERMIT
APPLICATION FORM
TYPE OF APPLICATION
Administrative Review Development in 100-Year Floodplain
Limited Impact Review Development in 100-Year Floodplain Variance
Major Impact Review Code Text Amendment
Amendments to an Approved LUCP
LIR MIR SUP
Rezoning
Zone District PUD PUD Amendment
Minor Temporary Housing Facility Administrative Interpretation
Vacation of a County Road/Public ROW Appeal of Administrative Interpretation
Location and Extent Review Areas and Activities of State Interest
Comprehensive Plan Amendment Accommodation Pursuant to Fair Housing Act
Pipeline Development Variance
Time Extension (also check type of original application)
INVOLVED PARTIES
Owner/Applicant
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
Representative (Authorization Required)
Name: ________________________________________________ Phone: (______)_________________
Mailing Address: ______________________________________________________________________
City: _______________________________________ State: _______ Zip Code: ____________________
E-mail:_______________________________________________________________________________
PROJECT NAME AND LOCATION
Project Name:
_____________________________________________________________________________________
Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___
Physical/Street Address: ________________________________________________________________
Legal Description: ______________________________________________________________________
_____________________________________________________________________________________
Zone District: ___________________________________ Property Size (acres): __________________
Eastbank, LLC 970 925-9046
710 E. Durant Avenue, W-6
Aspen CO 81611
aellis@dunrene.com
Chad J. Lee, Esq.970 945-6546
Balcomb & Green, P.C. 818 Colorado Ave
Glenwood Springs CO 81601
clee@balcombgreen.com
Eastbank PUD
Approximately 2.5 miles south of Glenwood Springs
Lot 2 and 3, Eastbank, LLC Minor Subdivision, according to the Plat
thereof recorded September 8, 2015 at Reception No 867716
Rural 16.98+16.94 acres
2185 353/354 15 003/002
Flying M Ranch Planned Unit Development Application November 1, 2018
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Flying M Ranch Planned Unit Development Application November 1, 2018
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Fee Agreement
Flying M Ranch Planned Unit Development Application November 1, 2018
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sEcTloN 2-01.
GountY
Project Name
Name
Address
CGS SUBÍTNTAL FORÍÙ| FOR LAND-IISE REVIEìÍVS,
COLORADO GEOLOGICAL SURVEY
SUBMITTAL FORM FOR
LAND-USE REVIEWS
Date
Ph. t{o. Fax
APPLICANT
(or Applicant's Authorized Repreaentative rcsponsible fo¡ paying GGS'review fee)
l4 l2,or 14 11
-
Sectlonlsl
Townshlp-
Rsnce
Dcc Let
-
Lons
FEE SCHEDULE (effective June 1, 2009)
Reviews lor Countles
Srnallsubdivision (> 3 dwellings and < 100 acres) '
Large Subdívision þ 100 acres and < 500 acres) '
Very Large Subdivision (500 acres or more)
Very small residential subdivisíons (1-3 dwellings and < 100 acres)
Revìews for MunicÍPalltles ' .
of reviewer SPecial Reviews
.At houdy r,te of reviewerSchool Site Reviews
$950
$1,550
. $2,500
.$600
.At houfly rate
'""'$855
CGS LAND USE REVIEWS
Geolqgical studies are required by Colorado counties for all subdivisions of unincorporated land into
parcelã of hss than 35 acrãs, under State statute C.R.S. 30-28-136 (1) (i) (Senate Bill 3t 7972).Some
bobrado municipalities require geological studies for sub- division of incorporated land. In addition,local
governments *" "*po*urôd to iegulate !¡velgRmentacti-vities in hazardous or mineral-resource areas
inder C.n.S. 24-65.7:707 et seq. (Hõuse Bill L041,1974) and C.R.S. 34-1-301 et seq' (HouseBill1529'1973)'
respectively.
Local-government agencies zubmit proposed subdivision applicatioru and supporting ùechnical reporb to
the C jorado Geotofrcal Survey ", ..for evaluation of those geologic factors which would have significant
impact on the propo"sed use of 'the land," in accordance with state statutes. The CGS reviews the submitted
d.ocuments anã serrr"s as a technical advisor to local-govemmentplanning agencies during the planning
pì*"rr. Since 19&t, the CGS has been required by law to cove¡ the full direct cost of performing such
reviews.
The adequate knowledge of a site's geology is essential for any development project' It is needed at the
start of the project in order to plarç ãesign, andconstruct a safe development. Proper plaruring for
geological conditions can heþ developers and future owners/users reduce u¡necessary maintenance
and/or repair costs
I
Garfield County August 8, 2018
Flying M Ranch PUD and Preliminary Plan
Eastbank, LLC
710 E. Durant Avenue, W-6, Aspen, CO. 81611
(970) 925-9046
35
S 1/2
6 South
89 West
Flying M Ranch Planned Unit Development Application November 1, 2018
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Statements of Authority
Reception#:813404
01/19/201201:47:00PM JeanAlberico
1 of 1 Rec Fee:$11.00Doc Fee:0.00GARFIELDCOUNTYCO
Statement of Authority
(C.R.S.38-30-172)
1.This Statement of Authorityrelatesto an entitylnamed:EASTBANK,LLC
2.The type of entityisa:
0 Corporation O Registeredlimitedliabilitypartnership
O Non-profitCorporation 0 Registeredlimitedliabilitylimitedpartnership
121 Limitedliabilitycompany 0 Limitedpartnershipassociation
0 Generalpartnership O Government or governmental subdivisionor
0 Limitedpartnership agency
3.The entityisformed under the laws of State of Colorado.
4.The mailing address of the entityis:710 East Durant Avenue,Unit W-6,Aspen,
Colorado 81611.
5.The U name and 2 positionof each person authorizedto execute instruments
conveying,encumbering,or otherwiseaffectingtitleto realpropertyon behalfof the
entityis:Robert Duncan Macgregor,President of Dunrene Management,Inc.,a
Colorado corporation,Manager of Eastbank,LLC.
6.2The authorityof the foregoing person(s)to bind the entityis 9 not limitedCl
limitedas follows:N/A
7.Other matters concerning the manner in which the entitydeals with interestsin real
property:N/A
8.3This Statement of Authority is executed on behalf of the entitypursuant to the
provisionsof C.R.S.(38-30-172.
9.This Statement of Authority amends and supercedes in all respects any prior
Statementof Authorityexecuted on behalfof the ent .
Executed this12m day of January 2012.
By:
olfertDuncan Macgregor
STATE OF COLORADO )
COUNTY O
ss
The foregoinginstrumentwas acknowledged beforeme this12 day of January 2012
by Robert Duncan Macgregor,President of Dunrene Management,Inc.,a Colorado
corporation,Manager of Eastbank,LLC,a Colorado limitedliabilitycompany.
Witness my hand and officialseal.
My Commission expires:4/18 /),al 5 AUDREY ELLIS
/;NOTARY PUBLIC
0 STATE OF COLORADO
Notary'tiblic y issiodExoires07/23/2015
'Thisform shouldnotbe used unlesstheentityiscapableofholdingtitletorealproperty.2 The absence ofany limitationshallbe prima facieevidencethatno such limitationexists.
a The statementofauthoritymust be recordedtoobtainthebenefitsofthestatute.
Strikeifnotapplicable,a r 6
Flying M Ranch Planned Unit Development Application November 1, 2018
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Flying M Ranch Planned Unit Development Application November 1, 2018
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Letters of Authorization
Flying M Ranch Planned Unit Development Application November 1, 2018
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Flying M Ranch Planned Unit Development Application November 1, 2018
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Waiver Requests
Civil Engineering Land Surveying
An Employee-Owned Company
October 31, 2018
Patrick Waller, Planner
Garfield County
Building & Planning Department
108 8th St. Suite 401
Glenwood Springs, CO 81601
RE: Flying M Ranch – PUD and Preliminary Plan Application – Eastbank, LLC – Garfield
County File Numbers SPAA-08-18-8675, PUDA-08-18-8676
Engineer’s Technical Explanation of the Waiver Requests
4-118 Waiver of Standards
A waiver may be approved if the Applicant demonstrates that the following
criteria have been met by the proposed alternative:
1. It achieves the intent of the subject standard to the same or better degree than
the subject standard; and
2. It imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Code.
Roadway Standards
Table 7-107 of the Garfield County Land Use Code establishes roadway standards for roads
based on design capacity in Average Daily Traffic (ADT). These waivers are to represent
what road standard waivers are required for lots A1-4 to access County Road 154.
The main subdivision road, Flying M Ranch, intersects directly with County Road 154. This
road is within a 60’ access and utility easement. This road provides an access way for lots A1-
4 within Flying M Ranch Planned Unit Development (PUD). The access way runs through a
parking lot aisle 30’ in width that loops around the existing Equine Center to an aisle 24’ in
width back to Flying M Ranch Road. This access way also continues north up to a shared
ingress and egress access way easement (Reception No. 867041) located on FedEx and is
between 43’-57’ in width. The shared access way intersects with County Road 154 and is
approximately 30’ in width. This access way for lots A1-4 would fit the “rural access”
classification per the Garfield County Land Use Code, according the 181 ADT provided in the
FHU Traffic Impact Assessment. This ADT was based on the assumption of constructing a
general office building, mini-warehouse and multifamily housing.
1517 Blake avenue, suite 101
Glenwood Springs, CO 81601
970-945-8676 • phone
970-945-2555 • fax
www.hceng.com
Flying M Ranch Planned Unit Development Application November 1, 2018
20
The access way through lots A1-4 from Flying M Ranch Road to the shared ingress and
egress access way on FedEx requires a design waiver in a number of categories assuming the
rural access classification with Table 7-107. The existing access way does not have a
minimum 50’ ROW width or 2’ wide shoulders due to the parking lot and existing structures.
Ditches are not realistic throughout portions of the access way but lots A1-4 have agreed to
detain their own drainage. The horizontal radius at the shared access way with FedEx is
approximately 10’ radius. The design standard is to allow for a minimum radius of 80’.
The internal road is effectively an intersection with the FedEx road and we have added a stop
sign at this location.
Sincerely,
Roger Neal, P.E.
Project Manager
HIGH COUNTRY ENGINEERING, INC.
Flying M Ranch Planned Unit Development Application November 1, 2018
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The Land Studio, Inc.
365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net
October 29, 2018
Mr. Patrick Waller Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO 81601 Re: Flying M Ranch PUD and Major Subdivision Preliminary Plan Applications
Dear Patrick, Please consider the Applicant’s request for a waiver from Section 7-402(D) to the extent necessary to effectuate the Applicant’s Flying M Ranch PUD and Subdivision Preliminary Plan site plan.
4-118 Waiver of Standards C. Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative:
1. It achieves the intent of the subject standard to the same or better degree than the subject
standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code.
In this case, providing a waiver to 7-402(D) allows the Applicant to develop roads in conformance with the natural terrain, which will reduce the site impacts of road construction and allow Applicant to develop secondary and emergency access, which achieves the intent of the subject standard better than the
standard itself. It also allows the roads to be internal to the development, rather than abutting neighboring
property, thereby imposing no greater impacts on adjacent properties. The Flying M Ranch PUD proposes various access and utility easements, some of which traverse across
several parcels for practical reasons, rather than skirt the boundaries of each parcel. Section 7-402(D) of
the Code (“Lot Division by Boundaries, Roads, or Easements Prohibited”) states “No lots shall be divided by municipal boundaries, County roads or public rights-of-way.” This section appears to prohibit an easement traversing across a lot, even if the policy behind it is unclear. Given the unique topography, site conditions,
and shape of this property, including the layout of the parcels on the site plan, the Applicant is required to
locate several easements across several parcels in order to meet the access requirements of the Code, including the emergency access requirements.
Sincerely,
THE LAND STUDIO, INC
By: _____________________________
Douglas J. Pratte
Flying M Ranch Planned Unit Development Application November 1, 2018
22
The Land Studio, Inc.
365 River Bend Way • Glenwood Springs, CO 81601 • Tel 970 927 3690 • landstudio2@comcast.net
October 29, 2018
Mr. Patrick Waller
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood Springs, CO 81601
Re: Flying M Ranch PUD and Major Subdivision Preliminary Plan Applications
Dear Patrick,
Please consider the Applicant’s request for a waiver from Section 7-404, School Land Dedication/Fee-in-Lieu
obligations to the extent necessary to effectuate the Applicant’s Flying M Ranch PUD and Subdivision Preliminary Plan
site plan.
4-118 Waiver of Standards
C. Review Criteria.
A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the
proposed alternative:
1. It achieves the intent of the subject standard to the same or better degree than the subject standard;
and
2. It imposes no greater impacts on adjacent properties than would occur through compliance with the
specific requirements of this Code.
The applicant, Eastbank, LLC, pursuant to pre-existing contractual agreements between itself and the RE-1 Roaring
Fork School District (“RE-1”), including that certain Memorandum of Understanding dated July 23, 2015 (“MOU”), has
granted certain land areas for necessary access and utilities infrastructure easements to RE-1; and pursuant to certain
License Agreements and pending perpetual grants of record Easement, permitted RE-1 to construct such
infrastructure, required for development of the Riverview K-8 school facility over Eastbank property.
As set forth by the aforementioned MOU, as well as related agreements and the pending Easement instruments,
Eastbank and RE-1 are obligated to establish a credit to Eastbank for the acreage consumed and provided to RE-1
and to the Roaring Fork Water & Sanitation District (“RFW&SD”) at RE-1’s request.
Eastbank has elected to accept, in exchange for the RE-1/RFW&SD land interests conveyed, a credit against any
otherwise applicable Garfield County Development Code “School Land Dedication” or “fee-in-lieu” obligations as set
forth under Code Section 7-404.
The applicable land area credit is approximately 2.547 acres (sufficient to off-set the development of approximately 36
single family residential units and 122 multi-family residential units). In the event of additional residential unit
development, exceeding existing land credit figures, Eastbank shall either (i) remit the applicable fee-in-lieu upon
construction or (ii) submit documentation to Garfield County exhibiting any supplemental “land credit” commitments
between itself and RE-1 (as a result of certain efforts and negotiation at the time of the 2009 sale to RE-1 of its Parcel
1 real property, Eastbank agreed to increase the contract purchase acreage from approximately 32 acres to slightly in
excess of 35 acres, without adjustment to the applicable purchase price; but with the acknowledgement that such
additional acreage would be subject to future consideration).
Additional supporting information regarding Section 7-404 credit and variance, waiver and exemption from
School Land Dedication/Fee-in-Lieu obligations shall be presented by the applicant at the pending review hearing(s).
Sincerely,
THE LAND STUDIO, INC
By: _____________________________
Douglas J. Pratte
Flying M Ranch Planned Unit Development Application November 1, 2018
23
4-203.B.2 - Ownership Information
A Title Commitment is provided as an Exhibit to this Application
4-203.B.3 - Adjacent Property Owners
Property Owners Within 200 Feet
2185-353-15-003
2185-354-15-002
Eastbank LLC
710 E. Durant Avenue, Unit W-6
Aspen, CO 81611
2185-353-00-060
Roaring Fork RE-1 School District
1521 Grand Avenue
Glenwood Springs, CO 81601
2185-352-00-023
L & Y Jammaron Family LLLP
4915 Highway 82
Glenwood Springs, CO 81601-9622
2185-353-15-001
KW Glenwood Springs LLC
P.O. Box 979
Telluride, CO 81435
2185-354-23-007
Blue Heron Properties LLC
430 Ironbridge Drive
Glenwood Springs, CO 81601
2185-353-04-002
Robert Duncan MacGregor
710 East Durant Avenue, Unit W-6
Aspen, CO 81611
2185-354-00-017
James L. Rose
P.O. Box 432
Rifle, CO 81650-0432
2185-354-00-059
Roaring Fork Transportation Authority
1340 Main Street
Carbondale, CO 81623
2185-354-00-024
Shane & Bruce’s LLC
4185 County Road 154
Glenwood Springs, CO 81601
Colorado Department of Transportation
202 Centennial Drive
Glenwood Springs, CO 81601
4-203.B.3 - Mineral Owners and Lessees
Provided by Balcomb & Green, P.C.
Eastbank, LLC
710 E. Durant Avenue, Unit W6
Aspen, CO 81611
Flying M Ranch Planned Unit Development Application November 1, 2018
ASPEN | BASALT | GLENWOOD SPRINGS | LAMAR
Post Office Box 790 | Glenwood Springs, Colorado 81602 | 800.836.5928 | 970.945.6546 | BalcombGreen.com
Chad J. Lee, Esq.*
Telephone (970) 945-6546
clee@balcombgreen.com
October 25, 2018
Mr. Patrick Waller, Planner
Garfield County Community Development Department
108 8th Street, #401
Glenwood Springs, CO 81601
Re: Application for Flying M Ranch Planned Unit Development and Major Subdivision
Preliminary Plan Applications
Dear Pat:
We are writing this letter to you in accordance to the Pre-Application Conference Summaries.
The Garfield County Land Use and Development Code require an Applicant to provide notice to
mineral owners in accordance with C.R.S. § 24-65.5-101 “as such owners can be identified through
records in the office of the Clerk and Recorder or Assessor, or through other means.” GCLUDC 4-
101(E)(4). Section 24-65.5-101 requires that an applicant notify a mineral estate owner who either
(1) is identified as such by the county tax assessor’s records; or (2) has filed in the Clerk and Recorder
a request for notification. If such records do not identify any mineral estate owners, including their
addresses of record, “the applicant shall be deemed to have acted in good faith and shall not be
subject to further obligations….” On October 17th we conducted the following tasks:
1. We researched the Garfield County Clerk and Recorder’s index of mineral owner requests
for notification per C.R.S. § 24-65.5-101 and confirmed that no mineral owner for the
subject property has filed a request for notification;
2. We reviewed a title commitment for the property and confirmed there are no mineral
reservations listed in Schedule B(2); and
3. We spoke with Robin at the Garfield County Assessor’s office. The Assessor’s office noted
two potential mineral owner accounts in the vicinity, though we cannot verify these
entities actually own an interest in the mineral estate under the property subject to the
Application. In any event, we suggest adding these parties to the noticed parties list out
of an abundance of caution:
George G. Vaught, Jr.
Paul L. McCullis
P.O. Box 13557
Denver, CO 80201-3557
Union Pacific
c/o Property Tax
1400 Douglass, Stop 1640
Omaha, NE 68179-1640
This satisfies our obligations under Colorado law and the County’s Code. We look forward to
working through this application with your office.
Sincerely,
BALCOMB & GREEN, P.C.
By: /s/ Chad J. Lee, Esq.
Chad J. Lee
Flying M Ranch Planned Unit Development Application November 1, 2018
4-203.B - Project Description
The Flying M Ranch Major Subdivision Application is proposed for Lots 2 and 3 of the
previously platted Eastbank, LLC Minor Subdivision. Lot 2 (Garfield County Parcel
218535415002) is approximately 16.983 acres in size and Lot 3 (Garfield County Parcel
218535315003) is approximately 16.927 acres in size. An Amended Final Plat for Lots
2 and 3 is provided by High Country Engineering in the Flying M Ranch Preliminary
Plan/PUD Engineering Drawings. The Amended Final Plat is necessary to transfer land
between Eastbank LLC and The Roaring Fork School District. The Applicant requests
that recording of the Amended Final Plat be a condition of approval for this Application.
The amended Lots 2 and 3 will be subdivided into 13 parcels, lots, or tracts via the
Major Subdivision Application and review process. The Applicant has prepared a
Planned Unit Development Application for submittal together with this Major Subdivision
Preliminary Plan Application.
This site is a portion of a former gravel quarry that was mined in the mid 1980’s through
the mid 1990’s. This property is contiguous to an adjoining FedEx distribution facility
and the new Roaring Fork School District PK-8 Riverview School. The Orrison
Distribution Center and L & Y Jammaron Family LLLP property reside to the north, the
Roaring Fork River, Structural Associates and Westbank Neighborhood reside to the
south, Highway 82 and County Road 154 and the Rio Grande Trail reside to the east,
and Eastbank Parcel 2 Lot Split Parcel 2B is located to the west.
The property is accessed from Flying M Ranch Road and County Road 154 from a
controlled access intersection at Colorado State Highway 82. The site can also be
accessed by pedestrians and bikers from the Rio Grande Trail via County Road 154
and Flying M Ranch Road. The Applicant has provided a detailed traffic analysis to
address County Road 154 and State Highway 82 access issues. The traffic analysis is
attached as an Exhibit to this document.
Proposed uses within the Flying M Ranch Subdivision include expansion of an existing
business park, a diversity of residential housing types including eco-efficiency homes,
residential lofts and patio homes, and opportunities for community service facilities
including assisted living, independent senior living, and HomeCare & Hospice of the
Valley. The attached Preliminary Plan Map includes layout illustrations for the proposed
parcels and the uses proposed within them.
The Flying M Ranch P.U.D. will establish the zoning for each of the Flying M Ranch
parcels and the P.U.D. Guide will set forth the regulations and development standards
for development within the parcels. The use restrictions, standards, and density are
also set forth for each parcel in the P.U.D. Guide, which is attached as an Exhibit.
Affordable housing requirements as outlined in Article 8 of the LUDC are applicable to
any subdivision proposing 15 or more lots. As this 33.927 acre area will be subdivided
into 13 parcels, lots, or tracts, these standards are not applicable. This project will
however focus on a diversity of housing types including senior housing, employee
accessory dwelling units in the business park, eco-efficiency attainable workforce
housing, and residential lofts, patio homes, townhomes, and single family homes.
Flying M Ranch Planned Unit Development Application November 1, 2018
4-203.C - Vicinity Map
Garfield Gounty Land Explorer
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Flying M Ranch Planned Unit Development Application November 1, 2018
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Flying M Ranch Planned Unit Development Application November 1, 2018
4-203.D - Site Plan
See Proposed Site Improvements, Sheets C1-01 through C1-05 provided by High
County Engineering, Inc. included as an Exhibit to this Application.
4-203.G - Impact Analysis
This property is contiguous to an adjoining FedEx distribution facility and the new
Roaring Fork School District PK-8 Riverview School. The Orrison Distribution Center
and L & Y Jammaron Family LLLP property reside to the north, the Roaring Fork River,
Structural Associates and Westbank Neighborhood reside to the south, Highway 82 and
County Road 154 and the Rio Grande Trail reside to the east, and Eastbank Parcel 2
Lot Split Parcel 2B is located to the west.
An Impact Analysis/Utility Report has been provided by High Country Engineering, Inc.
and is included as an Exhibit to this Application use.
4-203.H - Rezoning Justification Report
A Rezoning Justification Report has been provided by Balcomb and Green, P.C. and is
included as an Exhibit to this Application.
4-203.J - Development Agreement
A Development Agreement is included as part of the Flying M Ranch Application and is
an Exhibit to this Application.
A Subdivision Improvements Agreement is included as part of the Flying M Ranch
Preliminary Plan Application and is an Exhibit to this Application.
4-203.L - Traffic Study
Felsburg Holt & Ullevig has prepared a Flying M Ranch Traffic Assessment that is
attached as an Exhibit.
4-203.O - Floodplain Analysis
The Roaring Fork River borders the southern edge of the Flying M Ranch site. The
floodplain location has been shown on Flying M Ranch P.U.D. Plan Map, sheet 2 of 2
and Flying M Ranch Preliminary Plat, Sheet 2 of 3 provided by High County
Engineering, Inc. included as an Exhibit to this Application.
Flying M Ranch Planned Unit Development Application November 1, 2018
6-202.C - Review Criteria
Purpose and Applicability. The P.U.D. meets the purpose and applicability of this Code,
as provided in section 6-101.A. and B.
6-101.A. The general purpose of P.U.D. zoning is to permit greater design flexibility
than is allowed by the base zone district or Subdivision regulations, as those objectives
are identified in the Planned Unit Development Act of 1972, C.R.S. 24-67-101, et seq.
P.U.D.s must be in general conformance with the Comprehensive Plan.
See Balcomb & Green Conformance with the Comprehensive Plan letter included as an
Exhibit to this Application.
6-101.B 1. Any single parcel of land or contiguous parcels of land comprising a
minimum of 2 acres, sufficient to accommodate an integrally planned environment to be
developed through a unified plan, is eligible for P.U.D. zoning.
See Proposed Site Improvements, Sheets C1-01 through C1-05 provided by High
County Engineering, Inc. included as an Exhibit to this Application.
6-101.B 2. Applications for P.U.D. zoning may be made for land located in any zone
district.
Development Standards. The P.U.D. meets the Development Standards as provided in
section 6-401.
6-401. A. Permitted Uses
6-401. B. Off-Street Parking
6-401. C. Density
6-401. D. Housing Types
6-401. E. Transportation and Circulation System
6-401. F. Recreational Amenities
6-401. G. Building Height
6-401. H. Lots
6-401. I. Phasing
The above Standards have been addressed in the P.U.D. Guide included as an Exhibit
to this Application.
Standards, Article 7. The P.U.D. meets the standards within Article 7, Division 1,
excluding 7-101.
See responses below, Article 7, Division 1. General Approval Standards.
Rezoning Criteria. The P.U.D. meets the Rezoning Review Criteria in section 4-113.C.
Refer to the Rezoning Justification report prepared by Balcomb & Green, P.C. attached
as an Exhibit to this Application.
Flying M Ranch Planned Unit Development Application November 1, 2018
Established Zoning Standards. The P.U.D. Plan adequately establishes uses and
standards governing the development, density, and intensity of land use by means of
dimensional or other standards.
See responses below, Article 7, Division 3. Site Planning and Development Standards
6-302.A – PUD Plan
1.a See Section 4-203.B. Project Description.
1.b See Balcomb & Green Conformance with the Comprehensive Plan letter
included as an Exhibit to this Application.
1.c The P.U.D. meets the Development Standards as provided in section 6-
401 and meets the standards within Article 7, Division 1, excluding 7-
101. The Flying M Ranch Subdivision property is currently zoned Rural
in Garfield County. As the area surrounding this parcel has changed
recently with the addition of new businesses, residential neighborhoods,
and a new school, the Applicant intends to utilize Planned Unit
Development zoning to permit greater design flexibility than is allowed by
the Rural base zone district or Subdivision regulations for this project.
The proposed Preliminary Plan complies with the proposed zoning as
written in the P.U.D. Guide for Flying M Ranch.
1.d This property is contiguous to an adjoining FedEx distribution facility and
the new Roaring Fork School District PK-8 Riverview School. The Orrison
Distribution Center and L & Y Jammaron Family LLLP property reside to
the north, the Roaring Fork River, Structural Associates and Westbank
Neighborhood reside to the south, Highway 82 and County Road 154 and
the Rio Grande Trail reside to the east, and Eastbank Parcel 2 Lot Split
Parcel 2B is located to the west.
1.e See Flying M Ranch PUD Phasing Plan letter included as an Exhibit to
this Application.
2.a See the PUD Guide for specific use type densities and floor area
calculations.
2.b See Proposed Site Improvements, Sheets C1-01 through C1-05, and
Sheet C7-04 provided by High Country Engineering, Inc. included as an
Exhibit to this Application
2.c See Proposed Site Improvements, Sheets C1-01 through C1-05, and
Sheet C7-04 provided by High Country Engineering, Inc. included as an
Exhibit to this Application
2.d See section 7-106.
Flying M Ranch Planned Unit Development Application November 1, 2018
2.e See section 7-109.
2.f A Master Declaration for The Flying M Ranch Planned Unit Development
has been addressed by Balcomb and Green, P.C. and is included as an
Exhibit to this Application.
2.g High Country Engineering has provided an Impact Analysis/Engineering
Utility Report that is included as an Exhibit to this Application.
2.h Felsburg Holt & Ullevig has prepared a Flying M Ranch Traffic
Assessment that is attached as an Exhibit. Also see Impact Analysis and
Utility Report provided by High Country Engineering, Inc. included as an
Exhibit to this Application.
3. A PUD Plan Map has been included as sheets 1 of 2 and 2 of 2 provided
by High County Engineering as an Exhibit to this Application.
4. A PUD Guide has been included as an Exhibit to this Application.
6-302.B - Amendment Justification Report
Not Applicable
Responses to Standards in Article 7, Division 1. General Approval Standards
7-101. Zone District Use Regulations
The Flying M Ranch Subdivision property is currently zoned Rural in Garfield County.
As the area surrounding this parcel has changed recently with the addition of new
businesses, residential neighborhoods, and a new school, the Applicant intends to
utilize Planned Unit Development zoning to permit greater design flexibility than is
allowed by the Rural base zone district or Subdivision regulations for this project. The
proposed Preliminary Plan complies with the proposed zoning as written in the P.U.D.
Guide for Flying M Ranch.
7-102. Comprehensive Plan and Intergovernmental
General Conformance to the 2030 Comprehensive Plan has been addressed by
Balcomb and Green, P.C. and is included as an exhibit to this Application.
7-103. Compatibility
Flying M Ranch Planned Unit Development Application November 1, 2018
The nature, scale, and intensity of the prospective residential, hospice, assisted living,
and business park uses are intended to compliment the adjacent land uses. General
Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and
Green, P.C. and is included as an exhibit to this Application.
B.3. Hours of operation:
Business park: 7:00 am – 9:00 pm with the exception of a Veterinary clinic which
may provide emergency service 24 hours a day.
Community Service Facility – may provide service 24 hours a day.
Trails and Outdoor Recreation – dawn to dusk.
7-104. Source of Water
See section 7-105
7-105. Central Water Distribution and Wastewater Systems
See Proposed Site Improvements, Sheets C1-01 through C1-05, and Sheet C7-04
provided by High Country Engineering, Inc. included as an Exhibit to this Application.
7-106. Public Utilities
High Country Engineering has provided an Impact Analysis/Engineering Utility Report
that is included as an Exhibit to this Application. Refer to High Country Engineering
Proposed Site Improvement Plans, Sheets C1-01 through C1-05 included as an Exhibit
to this Application.
7-107. Access and Roadways
Felsburg Holt & Ullevig has prepared a Flying M Ranch Traffic Assessment that is
attached as an Exhibit.
A Neighborhood Community Center is an allowed use in Zone District 2 for residents
only and therefor will not create additional traffic to the Neighborhood Center. Because
it does not generate off site traffic it is not included as part of the Traffic Assessment.
See Proposed Road Improvements, Sheets C3-01 through C3-09 provided by High
Country Engineering, Inc. included as an Exhibit to this Application.
7-108. Use of Land Subject to Natural Hazards
See Preliminary Geotechnical Study, provided by H-P Kumar Geotechnical Engineering,
included as an Exhibit to this Application.
Flying M Ranch Planned Unit Development Application November 1, 2018
7-109. Fire Protection
Per the following 2012 Colorado Wildfire Risk Assessment, the Flying M Ranch site has
a low to moderate fire intensity rating. Fire demands were determined in the design and
construction of the waterline extension to the adjoining Riverview School and there was
a minimum of 2000 GPM provided to the school. All structures proposed would be
required to work within these parameters for on-site fire protection. Fire Protection is
provided by Glenwood Springs Fire Protection District.
Division 3 Site Planning and Development Standards
7-301. Compatible Design
The nature, scale, and intensity of the prospective residential, hospice, assisted living,
and business park uses are intended to compliment the adjacent land uses. General
Conformance to the 2030 Comprehensive Plan has been addressed by Balcomb and
Green, P.C. and is included as an exhibit to this Application.
7-302. Off-Street Parking and Loading Standards
Parking Standards have been addressed in the Flying M Ranch P.U.D. Guide.
Flying M Ranch Planned Unit Development Application November 1, 2018
7-303. Landscape Standards
All disturbed areas of the Flying M Ranch project will be revegetated with a mix of
grasses, ground covers, trees and shrubs to prevent erosion and the invasion of weeds.
Where appropriate a xeriscape design of native plants will be considered to blend in
with the native habitat surrounding the site. Non-native or ornamental plant materials
may be used in some areas of the project as accents. Riparian habitat may be utilized
in areas that adjoin the Roaring Fork River or adjoining drainage ways. Healthy plant
materials will be sized per the sizes established in Garfield County’s Landscaping
Standards.
Landscape Standards have been addressed in the Flying M Ranch Design Guidelines
and the P.U.D. Guide.
7-304. Lighting Standards
Lighting Standards have been addressed in the Flying M Ranch Design Guidelines. All
lighting must comply with Garfield County Lighting Standards.
7-305. Snow Storage Standards
Garfield County Snow Storage Standards including minimum area, appropriate location,
and drainage are illustrated on High Country Engineering Plans included as an Exhibit
to this Application.
7-306. Trail and Walkway Standards
Garfield County Trail and Walkway Standards have been utilized to develop the
community path that links the Flying M Ranch Subdivision together, to the Roaring Fork
River, and to the new Riverview School. Access to the Roaring Fork River is provided
for pedestrians and bicyclists. No vehicle boat ramp is proposed as part of this
Application. See the Trail and Walkway design on High Country Engineering Plans
included as an Exhibit to this Application.
Also attached is Safe Route to School Plan developed for the new Riverview School in
a joint effort by the Roaring Fork School District, Garfield County, RFTA, and Colorado
Parks and Wildlife. The trails at Flying M Ranch connect to the Safe Route that provides
access from Riverview School to the Rio Grande Trail and then north to Glenwood
Springs and south to the Ironbridge and Westbank communities. The Safe Route also
addresses pedestrian/bike safety at the crossing of County Road 154 and the Rio
Grande Trail.
See the Safe Route to School Plan attached as an Exhibit to this application.
Flying M Ranch Planned Unit Development Application November 1, 2018
Comprehensive Plan & Intergovernmental Agreements
General Conformance to the 2030 Comprehensive Plan has been addressed by
Balcomb and Green, P.C. in a Comprehensive Plan Analysis and is included as an
Exhibit to this Application.
Exhibits
A Title Commitment – Lot 2 & Lot 3
B Balcomb & Green Conformance to Comprehensive Plan Report
C High Country Engineering Impact Analysis and Utility Report
D Felsburg Holt & Ullevig Flying M Ranch Traffic Assessment
E Colorado Wildlife Science, LLC Ecological Assessment of Eastbank Property
F Development Agreement and Subdivision Improvements Agreement
G Phasing Plan Letter
H Rezoning Justification Report
I Master Declaration for The Flying M Ranch P.U.D.
J Easement Deed and Agreement for Access Road and Utilities
K Geotechnical Engineering Study
L Design Guidelines
M Planned Unit Development Guide
N Safe Routes to Schools Map
O High Country Engineering Preliminary Plan/P.U.D. Map