Loading...
HomeMy WebLinkAbout1.0 ApplicationGarfield County Parcel # 212736300003 6875 County Road 233 Silt, CO 81652 Amended Final Plat for Antlers Orchard Subdivision General Project Description Authorization Letter Payment Agreement Form Division of Land Application Form Pre -Application Summary Copy of Application Check to Garfield County ($100) Preliminary Survey for Amended Antler Orchard Subdivision Title Commitment Mineral Owner Verification Adjacent Property Owners within 200 ft Compliance to Section 5-301C 1-11 Response to Article 7 Standards Section 4-203 and 5-402 Submittals Letter from West Divide Water Conservancy District General Project Description Amended Final Plat for Antlers Orchard Subdivision Applicant currently owns a parcel of agricultural ground in rural Garfield County, Colorado. The property is commonly known as 6875 County Road 233 Silt, CO and is further identified as parcel # 212736300003. Applicant wishes to do an amended plat, allowing applicant to preserve as much agricultural ground south of County Road 237 as possible. In doing so, applicant shall move the current AOD tracts located south of County Road 237 to the north side of County Road 237. The adjustment will keep Antler Orchard platted land within Antler Orchard platted land and will not create any additional lots. The acreage will only be reduced, allowing for more agricultural land to be preserved. Applicant desires Garfield County Community Development to consider the Amended Final Plat for Antler Orchard Subdivision for approval. March 12, 2018 RE: Tax Parcel # 212736300003, Amended Final plat for Antler's Orchard Subdivision I, Wayne Pollard, give Paige Haderlie permission and authorization to assist in the project listed above as personal representative. Signed /4/pato 3%1y/,f/ Garfield County PAYMENT AGREEMENT FORM GARFI D COUNTY (O,U1ITY") and Pr erty Owner ("APPLICANT") tuare agree as follows: 1. The Applicant has ubmitted t th County an application for the following Project: r%'/1,44dn, Ta — 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application:/ Billing Contact Person: ,/�t,'d 4 Phone: (q7O) f 37 -;,-5-04',, Billing Contact Address: (p ¥ C p„,,,,, /U 333 City: S /7 State:��/ Zip Code: C a Billing Contact Email: Lt)Q:Viii(' //D/�ll1/Of” 42%i'% - '5)4*-__—. Printed Name of Person Authorized to Sign: C/ /)17/7,1-1-1 (Signature) / (Date) LC Garfield County RECEIVt5munity Development Department 108 8th Street, Suite 401 MAR 1 y 2018Glenwood Springs, CO 81601 (970) 945-8212 GARFIELD COL', www,garfield-countv•com COMMUNITY DEVELOPMEN TYPE OF SUBDIVISION/EXEMPTION ❑ Minor Subdivision Major Subdivision ❑ Sketch ❑ Preliminary ❑ Final Conservation Subdivision ❑ Yield 0 Sketch 0 Preliminary 0 Final ❑ Time Extension INVOLVED PARTIES Owner/Applicant Name: / t! Mailing Address: (O Y 1' J33 /21 DIVISIONS OF LAND APPLICATION FORM ❑ Preliminary Plan Amendment Er nal Plat Amendment ❑ Common Interest Community Subdivision ❑ Public/County Road Split Exemption ❑ Rural Land Development Exemption Phone: ( 970 ) 37? -,;17)(00 City: 51/ State: l-, Zip Code: E-mail: G() It e t ta</Q-die-ez-19. �)'✓L - Representative (Authorization Required) Name: / Z(4( Gi!OL�/ (�f� ,, Phone: ( 970) i /t 117 7J Mailing Address:J/q30/4 Ra -i /raa-�/f /41/-e— City: 41/ el _ City: ( State: �� Zip Code: E-mail: /JGLi('7t%O// J er— • PROJECT NAME AND LOCATION Project Name: gil/aXelf 01,0A 00 AnceL.06-"FrI4c ga-11 -6r /4171/Gr./ 5 %mss/u� Assessor's Parcel Number: / 0- 7 - 3 (Q 3 - n v - _Q 0 3_ iea 33 as S/ 00 L0 773D Cie 237 <S /, C-0 Physical/Street Address: be 7S_- // Legal Description: /g.-ets9i S� kfic.cas ha41. Zone District: /` //'1 Gu -4L4 --Y m Property Size (acres): 35 9a -r s f/� Project Description Existing Use: /47 r/e t---e/4j e TJ abn- id/cJ /7 // J - a,ei�.�r,'iz 1,I 35? ar/t,c4 Seder 1-0 (can- e iPaaok. Sias' -7i /9zjn/c6J7/ura___, Proposed Use (From Use Table 3-403): Description of Project: Scum as 4/100y e Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total11 REQUEST FOR WAIVERS Submission Requirements fl The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. a).e7 Signature of Property Owner Date OFFICIAL USE ONLY File Number: .L .^.14. - y/c7/9- Fee Paid: $ t©©D0 • Garfield County Community Development Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 212736300003 DATE: February 16, 2018 OWNER: County Records show A & E Diemoz LLLP, however, the applicant Wayne Pollard has indicated that he has closed on the property. PRACTICAL LOCATION: 6875 County Road 233 Silt, CO 81652 TYPE OF APPLICATION: Amended Final Plat for Antlers Orchard Subdivision I. GENERAL PROJECT DESCRIPTION The Applicant is applying for an Amended Final Plat to adjust the lot lines on multiple Antlers Orchards lots. It appears from the applicant's request, that this request could impact at least 14 Antlers Orchard lots. Currently the lots are platted south of County Road 237. The applicant would like to move the lot lines so that the lots are located north of County Road 237. The applicant has indicated that a major reason for the moving of lots is to preserve a large tract of viable agricultural property. The applicant may apply for an Amended Final Plat to adjust the lot lines. However, the applicant should note that any adjustment of lot lines must be confined within the Antlers Orchard Subdivision. Lots are not permitted to be moved from Antlers Orchard platted land. Additionally, the applicant's survey and final plat must show all lots and parcels that are involved. The lots were originally platted in 1908 according to County Records. As part of the Amended Final Plat application, the applicant is requesting to amend one of the existing easements to adjust for topography on the site. It is staff's opinion that this request can be addressed through the Amended Final Plat process. The applicant provided staff with a survey and proposed final plat that may be submitted as part of the application. This plat only showed the lots north of County Road 237. Staff notes that a survey and plat of all involved lots is required as part of the submittal. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements III. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDO. • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review); • Setting a date for the Directors Determination; • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat and Boundary Line Adjustment with the County Clerk and Recorder. IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203. B. These application materials are generally summarized below: • Application Form (Signed by the property owner) • General Description of the request outlining the reason for the Amended Final Plat. o Should include a description of how the applicant is addressing legal water supply to the properties. • Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances (title commitment for platted lots) • Statement of Authority (if an LLC or Corporation) and Letter of Authorization, as necessary. • Letter of Representation if there will be other representatives besides the owner • Fee Payment and Payment Agreement Form • Pre -Application Conference Summary 2 • Names and addresses of all property owners within 200 feet of subject parcels and all mineral owners of the subject parcels). • Vicinity Map • Improvements Agreement (may be waived upon request) • Final Plat (Consistent with Section 5-402F, plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) o The numbering of lots should remain the same as currently platted o The Final Plat must include all affected lots • Code, Covenants, Restrictions (if applicable, book and page or reception number needs to be referenced on the plat) • The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2, 3, and 4. The Application should include at a minimum representations that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_None (Director's Decision) _ Planning Commission _ Board of County Commissioners Board of Adjustment c. Referral Agencies: May include Garfield County Designated Engineer, Re -1 School District, and County Surveyor. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. 3 Disclaimer 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 -application Summary Prepared by: AA1, February 23, 2018 Patrick Waller, Planner Date 4 Approximately 2 months if submittal is comply . Garfield Count), Amended Final Plat Review Process (Section 5-305) Mppiitant has o months t... Submit app4catlan Step 3: Completeness Review • to buslness day: to re . ew •li [nrornplete•, isCI ..1.1r. trx rr••nr dy tk•fieirna it •. Step 4: Schedule Decision Date and Provide Noike •Mailed to adiacent property owners within 200 feet and mineral owners at least 15 days pit to decision date. Step 5: Referral •11 day comment perrod Step 6: Evolution by Director •fail up Period within 10 days of Director's Decision *final Plat must be signed by the L C(C and be recorded within 10 business days of approval. Garfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- l01(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. 6 MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. 7 WAYNE HOWARD POLLARD TERESA POLLARD 6448 CO RD 233 SILT CO 81652 (970) 379-2506 PAYDER TOTOFHE • Co RIFLE. COLORA of for TELEBANK 1.800295.5879 2457 82-244/1070 yi-7/, DATE 00 1 .% $/g9� 1 ASUAl Reference: COMMITMENT for TITLE INSURANCE issued by nI�+�TITLE COMPANY as agent for WESTCOR LAND TITLE INSURANCE COMPANY Commitment Number: 1201257-C Commitment Ordered By: Paige Haderlie ERA Fleisher Real Estate 1430A Railroad Avenue Rifle, CO 81650 Phone: 970-625-2255 Fax: 970-625-1530 email: paige@pollardteam.com Inquiries should be directed to: Kari Arneson Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, CO 81650 Phone: 970-625-5426 Fax: 844-269-2759 email: KArneson@titlecorockies.com Reference Property Address: 6875 County Road 233, Silt, CO 81652 SCHEDULE A 1. Effective Date: February 22, 2018, 7:00 am Issue Date: March 02, 2018 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Premium: Proposed Insured: A Buyer To Be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Wayne H. Pollard 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: The NW1/4 NW1/4 and that part of the SW1/4 NW1/4 lying North and West of County Road 237, Section 36, Township 5 South, Range 92 West of the 6th Principal Meridian. NOTE: Also known as Tracts 7, 8, 9, 10, 24 and a portion of Tracts 23 and 25 as show on Plat No. 1 of ANTLERS ORCHARD DEVELOPMENT COMPANY. Commitment No. 1201257-C Schedule B -I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: NONE Alta Commitment - 2006 Schedule B -I Requirements Commitment No. 1201257-C Schedule B -1I Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION 11 EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 25, 1894 in Book 12 at Page 292. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 25, 1894 in Book 12 at Page 292. 9. Any and all water and water rights, reservoir and reservoir rights, ditches and ditch rights, and the enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. 10. An undivided one-half (1/2) interest in oil, gas and other mineral rights, as reserved by Charles B. Cooper Jr. in the Deed to I. Fern Cooper, recorded October 23, 1957 in Book 305 at Page 58 and rerecorded August 17, 1959 in Book 319 at Page 523, and any and all assignments thereof or interests therein. 11. An undivided one-half (1/2) interest in oil, gas and other mineral rights, as reserved by 1. Fern Kerzon formerly I. Fern Cooper aka Fern Cooper in the Deed to Bobby L. Bradley and Mary Lee Bradley, recorded August 17, 1959 in Book 319 at Page 526, and any and all assignments thereof or interests therein. 12. An undivided one-half (1/2) interest in oil, gas and other mineral rights, as reserved by I. Fern Kerzon formerly I. Fern Cooper aka Fern Cooper in the Deed to Bobby L. Bradley and Mary Lee Bradley, recorded August 17, 1959 in Book 319 at Page 528, and any and all assignments thereof or interests Alta Commitment - 2006 Schedule B -II Exceptions Commitment No. 1201257-C Schedule B -II Exceptions (continued) therein. 13. Oil and Gas Lease between Bobby L. Bradley and Mary Lee Bradley and Gaylord O. Mickelson, recorded May 24, 1961 in Book 334 at Page 222 and any and all assignments or interests therein. 14. Oil and Gas Lease between Adolph S. Diemoz and Edith E. Diemoz and Rio Colorado Oil & Gas, Inc., recorded November 5, 1982 in Book 644 at Page 662 and any and all assignments or interests therein. 15. Oil and Gas Lease between A & E Diemoz, LLLP and Antero Resources 1I Corporation, recorded February 17, 2005 at Reception No. 668885 and any and all assignments or interests therein. 16. Oil and Gas Lease between Shirley Deubler aka Shirley N. Deubler and Antero Resources II Corporation, recorded October 10, 2005 at Reception No. 684056 and any and all assignments or interests therein. 17. Oil and Gas Lease between Mary Ann Latham and Antero Resources Piceance Corporation, recorded December 13, 2006 at Reception No. 712923 and any and all assignments or interests therein. 18. Oil and Gas Lease between A & E Diemoz, LLLP and Antero Resources Piceance Corporation, recorded May 19, 2010 at Reception No. 786259 and any and all assignments or interests therein. Alta Commitment - 2006 Schedule B -II Exceptions (continued) Commitment No. 1201257-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that Disclosure Statements "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-1 1-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): $0.00 $0.00 $370.00 TOTAL CHARGES $370.00 Garfield County Land Explorer EMISEL . i. i' 21107 ::PRT` r 212725200011 212725200014 212725208007 212725208008 212725208009 212725208010 212725300016 212725300017 212725300050 212725300051 212725300052 212725300066 212725301001 212725302001 212725400042 212725400071 212726108026 212726408027 212726408036 212726408039 212726408042 1851 237 COUNTY RD SILT 1823 237 COUNTY RD SILT 2386 ODIN DR SILT 2450 ODIN DR SILT 2584 ODIN DR SILT 2658 ODIN DR SILT 1405 237 COUNTY RD SILT 1401 237 COUNTY RD SILT 1407 237 COUNTY RD SILT 1403 237 COUNTY RD RIFLE 1403 237 COUNTY RD SILT 100 250 COUNTY RD SILT 1274 237 COUNTY RD SILT 237 COUNTY RD SILT 1650 237 COUNTY RD SILT 140 LAFRENZ LN SILT 2326 ODIN DR SILT 536 ODIN DR SILT 446 ODIN DR SILT 316 ODIN DR SILT 198 ODIN DR SILT FARMERS IRRIGATION COMPANY SPANGLER, JOHN R JR & PEGGY ROSENBERG, BRAD & JENNIFER WESTHOFF, MICHAEL R & JANET STARR, SHIRLEY A JOHNSON, SHERYL WADE, ROGER W & LOLA G PICKARD, RICK WANCURA, ALBERT DON & ALMA KAY WHEELER, IRMA ELLEN WHEELER, IRMA ELLEN FENDER, JAMES & NICOLE BUSTAD, KERRY M & MOBLEY, KARLA K FRADL, IAN & MERCEDES P WADE, SHANE E & DENISE C BREY, GREGORY SCOTT & APRIL CANDACE ALEXANDER, JERIMY R HARRIS, ROGER & SHERRY ALLEN, WILLIAM G & TAMARA A HANGS, WILLIAM ALAN & TAMMY LYNN MELLO, MICHAEL SEAN & ELIZABETH GREY R200056 PO BOX 8 SILT, CO 81652-0008 R200204 1823 COUNTY ROAD 237 SILT, CO 81652- 9540 R200230 2386 ODIN DRIVE SILT, CO 81652 R200227 2450 ODIN DRIVE SILT, CO 81652-9555 R200133 2584 ODIN DRIVE SILT, CO 81652 R200043 PO BOX 563 SILT, CO 81652 R200022 PO BOX 552 SILT, CO 81652 R200138 1401 COUNTY ROAD 237 SILT, CO 81652 R200597 1407 COUNTY ROAD 237 SILT, CO 81652- 9540 R200598 PO BOX 84 SILT, CO 81652-0084 R200599 PO BOX 84 SILT, CO 81652-0084 R008118 0100 COUNTY ROAD 250 SILT, CO 81652 R200576 1274 COUNTY ROAD 237 SILT, CO 81652 R083179 1491 COUNTY ROAD 237 SILT, CO 81652 R200529 PO BOX 425 SILT, CO 81652 R008143 140 LAFRENZ LANE SILT, CO 81652 R200209 2326 ODIN DRIVE SILT, CO 81652 R200064 0536 ODIN DRIVE SILT, CO 81652 R200084 446 ODIN DRIVE SILT, CO 81652-9551 R200042 316 ODIN DRIVE SILT, CO 81652-9551 R200192 198 ODIN DRIVE SILT, CO 81652-9551 ►EMEL rcr iTTIT 212735108001 132 ODIN DR SILT 212735108004 350 RAINBOW DR SILT 212735108007 248 RAINBOW CT SILT 212735108010 188 RAINBOW CT SILT 212735108011 56 266 COUNTY RD SILT 212735400024 55 FLORAL LN SILT 212735400026 212735400040 212735400043 212735401002 212735401003 212735401004 6303 233 COUNTY RD SILT 331 237 COUNTY RD SILT 353 237 COUNTY RD SI LT 475 237 COUNTY RD SILT 415 237 COUNTY RD SILT 411 237 COUNTY RD SILT 212736101007 447 COLUMBINE LN SILT 212736101008 4114 COLUMBINE LN SILT 212736101012 132 LARKSPUR CT SILT 212736201014 146 BLUEBELL LN SILT 212736201015 1148 237 COUNTY RD SILT 212736201016 68 BLUEBELL LN SILT 212736300003 6875 233 COUNTY RD SILT CHARLES WORTH, JOYCE M CASTILLO, THOMAS RICHARD JR DUFF, ROBERT A & KELLY A HAMPTON, JUSTIN R FITZSIMMONS, DAVID M TROFHOLZ, THOMAS ALAN & TERRIE ANNE JOINT REVOCABLE TRUST DATED FEBRUARY 9, 2010, TROFHOLZ, THOMAS ALAN & TERRIE ANNE TRUSTEES ROARK, JAMES C & MARY F ARCIA, ROBERT J & PAMELA A SMITH, JAMES M SPENCER, CAROLYN JO STANBRO, JIM & SANDRA SWALE, THOMAS E JR & SHAUNA M OCHOA, PRIMITIVO & ELSA EVERETT, SANDRA K & VANCE C SWERDLOVE, ARTHUR P 111 & TERESA A HUSSEMANN, SUSAN ROBERTS, MICHAEL S & JENNIFER HILLBRAND, DAVID JOHN & KELLY MARIE A & E DIEMOZ LLLP R200095 132 ODIN DRIVE SILT, CO 81652 R200023 350 RAINBOW DRIVE SILT, CO 81650 R200145 PO BOX 183 SILT, CO 81652 R200203 188 RAINBOW DRIVE SILT, CO 81652 R200006 56 COUNTY ROAD 266 SILT, CO 81652 R200201 251 COUNTY ROAD 237 SILT, CO 81652 R200394 6303 COUNTY ROAD 233 SILT, CO 81652 R200533 R200580 R200593 R200594 R200595 R005306 R005311 R005303 R005304 R005298 R005305 R200349 331 COUNTY ROAD 237 SILT, CO 81652- 9537 353 COUNTY ROAD 237 SILT, CO 81652 475 COUNTY ROAD 237 SILT, CO 81652- 9537 415 COUNTY ROAD 237 SILT, CO 81652 0013 QUEEN CITY CIRCLE PARACHUTE, CO 81635 0256 COLUMBINE LANE SILT, CO 81652 PO BOX 1172 SILT, CO 81652 132 LARKSPUR COURT SILT, CO 81652-9802 146 BLUEBELL LANE SILT, CO 81652 1148 COUNTY ROAD 237 SILT, CO 81652 68 BLUEBELL LANE SILT, CO 81652-9704 214 CENTER DRIVE GLENWOOD SPRINGS, CO 81601 IMMEI MVTI 212736300004 212736300005 212736300006 212736300007 212736300008 212736400009 212736400010 212736400011 212736400012 217904100197 217904100198 217904100199 29 PANORAMIC DR SILT 85 PANORAMIC DR SILT 123 PANORAMIC DR SILT 161 PANORAMIC DR SILT 195 PANORAMIC DR SILT 285 PANORAMIC DR SILT 379 PANORAMIC DR SILT 475 PANORAMIC DR SILT 534 PANORAMIC DR SILT 7026 233 COUNTY RD SILT 6926 233 COUNTY RD SILT Not available SILT 217904200713 6448 233 COUNTY RD SILT 999999999999 Not available null ROW Not available null ROW Not available null PETERSON, RICK L & SANDRA S WARD, GREGORY M PRESSLER, JAMES A & EILEEN NEWTON, NANCY J TRUST THE STRONG, GEORGE PATRICK & LESLIE J ROBERTS, CALEB S & PHILOMINA C CARTER, RICHARD E & SUSAN LEE GRANGROTH, DEREK & DARLA WENTZEL, RONALD SHANE & CHRISTINE JOY REVOCABLE LIVING TRUST WITTENBERG, TIM & AMY GONZALES, C DEAN & SUSANNAH ROARK, JAMES C & MARY F POLLARD, WAYNE H R200205 R200168 R200182 R200214 R200002 R200040 R200017 R200142 R200199 29 PANORAMIC DRIVE SILT, CO 81652-9742 0085 PANORAMIC DRIVE SILT, CO 81652 123 PANORAMIC DRIVE SILT, CO 81652-9742 161 PANORAMIC DRIVE SILT, CO 81652 PO BOX 808 SILT, CO 81652 285 PANORAMIC DRIVE SILT, CO 81652 379 PANORAMIC DRIVE SILT, CO 81652 475 PANORAMIC DRIVE SILT, CO 81652 PO BOX 909 RIFLE, CO 81650 R200186 7026 COUNTY ROAD 233 SILT, CO 81652 R200130 6926 COUNTY ROAD 233 SILT, CO 81652- 9788 R200395 6303 COUNTY ROAD 233 SILT, CO 81652 R042099 6448 COUNTY ROAD 233 SILT, CO 81652- 9788 Gaifield County Garfield County Land Explorer Garfield County, Colorado Garfield County Land Explorer Printed by Web User 1 inch = 1,505 feet 1 inch = 0.28 miles 02 04 yil1, :isi'rti.n:i rXf 21 7903204002 n.0 Mdrt Garfield County Colorado Garfield County www.garfield-county.tom Colorado Disclaimer This is a compilation of records as they appear in the Garfield Cnstty Offices affecting the area shorn. Ties drawing is to be used only fn role ranee pup oses and the County isnot responsible ler any in art wades herein contained. © Copyright Garfield County, Colorado All Righs Reserved Printed: 2/21/2018 at 12:51:49 PM DIVISION 1. GENERAL APPROVAL STANDARDS. The following standards apply to all proposed Land Use Changes, including divisions of land, unless elsewhere in this Code a use is explicitly exempt from one or more standards. 7-101. ZONE DISTRICT USE REGULATIONS. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. 7-104. SOURCE OF WATER. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. LEGAL WATER HAS BEEN DEMONSTRATED BY APPLICANT WITH LETTER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT DATED FEBRUARY 20, 2018. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long- term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. A. BOCC Determination. The BOCC, pursuant to C.R.S. § 29-20-301, et seq., shall not approve an application for a Land Use Change Permit, including divisions of land, unless it determines in its sole discretion, after considering the application and all of the information provided, that the Applicant has satisfactorily demonstrated that the proposed water supply will be adequate. Nothing in this section shall be construed to require that the Applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. B. Determination of Adequate Water. The BOCC's sole determination as to whether an Applicant has an Adequate Water Supply to meet the water supply requirements of a proposed development shall be based on consideration of the following information: 1. The documentation required by the Water Supply Plan per section 4- 203.M.; 2. A letter from the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-203.M.; 3. Whether the Applicant has paid to a Water Supply Entity a fee or charge for the purpose of acquiring water for or expanding or constructing the infrastructure to serve the proposed development; and 1 4. Any other information deemed relevant by the BOCC to determine, in its sole discretion, whether the water supply for the proposed development is adequate, including without limitation, any information required to be submitted by the Applicant pursuant to this Code or State statutes 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. PHYSICAL WATER IS NOT REQUIRED. A. Water Distribution Systems. The land use shall be served by a water distribution system that is adequate to serve the proposed use and density. 1. Where water service through a Water Supply Entity is not physically or economically feasible, a central well and distribution system is preferred over individual wells. 2. A Central Water Distribution System is required if: a. The property is located within 400 feet of a Central Water System, the system is available and adequate to serve the proposed development, and connection is practicable and feasible; or b. The residential development consists of 15 or more dwelling units. B. Wastewater Systems. The land use shall be served by a wastewater system that is adequate to serve the proposed use and density. 1. Every effort shall be made to secure a public sewer extension. Where connections to an existing public sewer are not physically or economically feasible, a central collection system and treatment plant is preferred. 2. A central wastewater system is required if a. The property is located within 400 feet of a Sewage Treatment Facility, the system is available and adequate to serve the proposed development, and connection is practicable and feasible. b. The property is not suitable for an OWTS. Septic systems are not permitted on parcels less than 1 acre in size. Type of Disposal On Lot' TABLE 7-105: SEWAGE DISPOSAL SYSTEM MINIMUM LOT REQUIREMENTS Method of Disposal Septic Tank (Subsurface) or Dispersal Method Lot Area Prohibited2 Allowed3 Allowed Off Lot Nondischarging: Subsurface Disposal Allowed Allowed Allowed Discharging: Ground Surface or Waters of the State Allowed Allowed Allowed Notes: 1. Shall comply with County OWTS regulations and applicable State requirements. 2. Prohibited for new development; may be considered for legally pre-existing single lot. 3. Domestic water shall be supplied from an approved source. 4. Shall be approved by the State. 2 7-106. PUBLIC UTILITIES. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. UTILITIES ARE NOT REQUIRED FOR AMENDED FINAL PLAT. A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. B. Approval of Utility Easement by Utility Company. Utility easements shall be subject to approval by the applicable utility companies and, where required, additional easements shall be provided for main switching stations and substations. The Applicant shall work with the utility companies to provide reasonably - sized easements in appropriate locations. C. Utility Location. Unless otherwise provided in this Code, the following conditions shall apply to the location of utility services. 1. Underground Location. All utilities except major power transmission lines, transformers, switching and terminal boxes, meter cabinets, and other appurtenant facilities shall be located underground throughout the development unless it is demonstrated to the satisfaction of the BOCC that compliance is impractical or not feasible and will result in undue hardship. 2. Easement Location. As applied to Subdivisions and Exemptions, all utility lines, including appurtenances, shall be placed either within roads or public rights-of-way. 3. Dimensional Requirements. a. Easements centered on common Rear Lot Lines shall be at least 16 feet wide. b. Where an easement abuts a Rear Lot Line that is not the Rear Lot Line of another lot, or that is on the perimeter of the development, the easement width shall be a minimum of 10 feet. c. Where inclusion of utilities within the Rear Lot Line is impractical due to topographical or other conditions, perpetual unobstructed easements at least 10 feet in width shall be provided alongside Lots Lines with satisfactory access to the road or Rear Lot Line. d. Where easements are combined with a water course, drainage way, channel, or stream and the use would be in conflict with drainage requirements or Wetlands, an additional utility easement of at least 10 feet in width shall be provided. e. Multiple use of an easement is encouraged to minimize the number of easements. D. Dedication of Easements. All utility easements shall be dedicated to the public. Drainage easement may be dedicated to either the public or to an HOA. E. Construction and Installation of Utilities. Applicants shall make the necessary arrangements with each service utility for the construction and installation of required utilities. Utilities shall be installed in a manner that avoids unnecessary removal of trees or excessive excavations, and shall be reasonably free from physical obstructions. 3 F. Conflicting Encumbrances. Easements shall be free from conflicting legal encumbrances. 7-107. ACCESS AND ROADWAYS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. PHYSICAL ACCESS IS NOT REQUIRED FOR AMENDED FINAL PLAT. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. A. Access to Public Right -of -Way. All lots and parcels shall have legal and physical access to a public right-of-way. B. Safe Access. Access to and from the use shall be safe and in conformance with applicable County, State, and Federal access regulations. Where the Land Use Change causes warrant(s) for improvements to State or Federal highways or County Roads, the developer shall be responsible for paying for those improvements. C. Adequate Capacity. Access serving the proposed use shall have the capacity to efficiently and safely service the additional traffic generated by the use. The use shall not cause traffic congestion or unsafe traffic conditions, impacts to the County, State, and Federal roadway system shall be mitigated through roadway improvements or impact fees, or both. D. Road Dedications. All rights-of-way shall be dedicated to the public and so designated on the Final Plat. They will not, however, be accepted as County roads unless the BOCC specifically designates and accepts them as such. E. Impacts Mitigated. Impacts to County roads associated with hauling, truck traffic, and equipment use shall be mitigated through roadway improvements or impact fees, or both. F. Design Standards. Roadways, surfaces, curbs and gutters, and sidewalks shall be provided as follows: Design Standards Table 7-107: Roadway Standards Rural Access 101-200 Semi Primitive 21 — 100 Primitive/ Driveway 0 — 20 Major Collector 2501+ Minor Collector 401 - 2500 Secondary Access 201 — 400 Public Land Access No Access to DU Design Capacity (ADT) Minimum ROW Width (Feet) 80 60 50 50 40 15 to 301 30 Lane Width (Feet) 12 12 11 11 8 Single Lane 12 Single Lane 12 Shoulder Width (Feet) 8 6 Min. Paved 6 4 Min. Paved 6 4 Min. Paved 4 2 Min. Paved 2 0 0 Ditch Width (Feet) 10 10 6 6 4 32 0 Cross Slope 2% 2% 2% 2% Chip/Seal 3% Gravel 2% Chip/Seal 3% Gravel ° 2/° n/a Shoulder Slope 3% 3% 5% 5% 5% n/a n/a Design Speed 35 mph 35 mph n/a n/a n/a n/a n/a Minimum Radius (Feet) 425 185 80 80 50 40 n/a Maximum % Grade 8% 8% 10% 12% 12% 12% 12% 4 Surface Asphalt or Chip/Seal Chip/Seal Chip/Seal or Gravel Gravel Gravel Native Material n/a 1 As determined adequate in an engineering review. Primitive road shall be dedicated ROW, driveway can be dedicated as either an easement or ROW. 2 If determined necessary for adequate drainage. 1. Circulation and Alignment. The road system shall provide adequate and efficient internal circulation within the development and provide reasonable access to public highways serving the development. Roads shall be designed so that alignments will join in a logical manner and combine with adjacent road systems to form a continuous route from 1 area to another. 2. Intersections. No more than 2 streets shall intersect at 1 point, with a minimum of 200 feet between off -set intersections, unless otherwise approved by the County. 3. Street Names. Street names shall be consistent with the names of existing streets in the same alignment. There shall be no duplication of street names in the County. 4. Congestion and Safety. The road system shall be designed to minimize road congestion and unsafe conditions. 5. Continuation of Roads and Dead -End Roads. Roads shall be arranged to provide for the continuation of major roads between adjacent properties when appropriate and necessary for traffic movement, effective fire protection, or efficient provision of utilities. a. If the adjacent property is undeveloped and the road must be temporarily dead -ended, right-of-way shall be extended to the property line and the BOCC may require construction and maintenance of a turnaround for temporary use. The Final Plat shall include a Plat notation that land outside the normal road right- of-way shall revert to abutting property owners when the road is continued, after compliance with the County road vacation process. b. Dead-end streets may be permitted provided they are not more than 600 feet in length and provide for a cul-de-sac or a T-shaped turnaround based on the following design standards. The BOCC may approve longer cul-de-sacs for topographical reasons if adequate fire protection and emergency egress and access can be provided. (1) Cul-de-sacs shall have a radius of at least 45 feet measured from the center of the cul-de-sac, and (a) Nonresidential development shall have at least a 75 -foot right-of-way where tractor trailer trucks will enter the property; and (b) Residential development shall have a 50 -foot right-of-way; (2) T-shaped Turnaround. (a) Nonresidential development shall have a minimum turning radius of 75 feet where tractor trailer trucks will enter the property; and 5 (b) Residential development shall have a minimum turning radius of 50 feet. c. Dead-end streets shall be discouraged, except in cases where the dead-end is meant to be temporary with the intent to extend or connect the right-of-way in the future. If a dead-end street is approved, room for plowed snow storage shall be included by providing a T-shaped turnaround with a minimum turning radius of 50 feet for residential development and 75 feet for commercial/industrial development where tractor trailer trucks will enter the property. A dead-end street is different from a cul-de-sac in that a dead-end street has no permanent turnaround at the end of the street. 6. Relationship to Topography. Streets shall be designed to be compatible with the topography, creeks, wooded areas, and other natural features. Combinations of steep grades and curves should be avoided. When, due to topography, hazards or other design constraints, additional road width is necessary to provide for the public safety by cut and/or fill area, drainage area, or other road appurtenances along roadways, then dedication or right-of way in excess of the minimum standards set forth in this Code shall be required. 7. Erosion and Drainage. The road system shall minimize erosion and provide for efficient and maintainable drainage structures. 8. Commercial and Industrial. The roads and access in commercial and industrial developments shall be designed to minimize conflict between vehicular and pedestrian traffic. 9. Emergency Access and Egress. Roads shall be designed so as to provide emergency access and egress for residents, occupants, and emergency equipment. Emergency access shall comply with provisions of the International Fire Code and requirements of applicable emergency services, such as fire protection, ambulance, and law enforcement. 10. Traffic Control and Street Lighting. Traffic control devices, street signs, street lighting, striping, and pedestrian crosswalks are to be provided as required by the County Road and Bridge Department or other referral agencies. 11. Drainage Structures. a. Roadway drainage structures such as bridges, culverts, cross pans, inlets, and curbs and gutters shall be provided as determined by design and in conformance with the County road standards. b. Culverts are required where driveways connect to roadways unless specifically exempted by the County Road and Bridge Department. It is the responsibility of the property owners to maintain their culverts free and clear of mud, silt, debris, and ice. Water that flows out of driveways must be diverted to ditches. Damage to a road caused by a blocked culvert, lack of culvert, or driveway Runoff is the responsibility of the property owner and costs of repairs by the County may be billed to the property owner as authorized by C.R.S. Title 43, Article 5. 6 12. Roadside Ditches. Water flowing in roadside ditches shall be diverted away from the road as quickly as possible. In no case shall water travel in a roadside ditch for a distance greater than 800 feet or have a flow greater than 5 cubic feet per second during a 25 -year, 24-hour storm event. 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. 7-109. FIRE PROTECTION. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. A. Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. B. Subdivisions. All divisions of land must be reviewed and approved by the appropriate fire protection district for adequate primary and secondary access, fire lanes, water sources for fire protection, fire hydrants, and maintenance provisions. DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. THIS CHANGE WILL ACTUALLY ALLOW FOR MORE AGRIGULTURAL LAND TO BE PRESERVED. The following resource protection standards apply to all proposed Land Use Changes, including divisions of land unless elsewhere in this Code a use is explicitly exempt from 1 or more standards. 7-201. AGRICULTURAL LANDS. A. No Adverse Affect to Agricultural Operations. Land Use Changes on lands adjacent to or directly affecting agricultural operations shall not adversely affect or otherwise limit the viability of existing agricultural operations. Proposed division and development of the land shall minimize the impacts of development on Agricultural Lands and agricultural operations, and maintain the opportunity for agricultural production. B. Domestic Animal Controls. Dogs and other domestic animals that are not being used to assist with the herding or the care of livestock shall not be permitted to interfere with livestock or the care of livestock on Agricultural Lands. The County shall require protective covenants or deed restrictions as necessary to control domestic animals. C. Fences. The County is a Right to Farm County consistent with section 1-301. Fences shall be constructed to separate the development from adjoining Agricultural Lands or stock drives as required to protect Agricultural Lands by any new development and to separate new development from adjoining agricultural operations. All parts of the fencing including such 7 items as gates, cattle guards, boards, posts, and wiring shall be maintained by the owner, HOA, or other responsible entity. D. Roads. Roads shall be located a sufficient distance back from the property boundaries so that normal maintenance of roads, including snow.removal, will not damage boundary fences. Dust control shall be required, both during and after construction, to minimize adverse impacts to livestock and crops. E. Irrigation Ditches. 1. Maintenance. Where irrigation ditches cross or adjoin the land proposed to be developed, the developer shall insure that the use of those ditches, including maintenance, can continue uninterrupted. 2. Rights -of -Way. The land use change shall not interfere with the ditch rights-of-way. 3. Maintenance Easement. A maintenance easement of at least 25 feet from the edges of the ditch banks shall be preserved and indicated on any Final Plat for the division of land or for the final development plan for any other land use. When agreed to in writing by the ditch owner(s), that distance may be decreased. 7-202. WILDLIFE HABITAT AREAS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. THIS CHANGE WILL ACTUALLY CREATE LESS IMPACT ON WILDLIFE. The Applicant shall consult with the Colorado Division of Wildlife or a qualified wildlife biologist in determining how best to avoid or mitigate impacts to wildlife habitat areas. Methods may include, but are not limited to, 1 or more of the following: A. Buffers. Visual and sound buffers shall be created through effective use of topography, vegetation, and similar measures to screen structures and activity areas from habitat areas. B. Locational Controls of Land Disturbance. Land disturbance shall be located so that wildlife is not forced to use new migration corridors, and is not exposed to significantly increased predation, interaction with vehicles, intense human activity, or more severe topography or climate. C. Preservation of Native Vegetation. 1. Proposed Land Use Changes are designed to preserve large areas of vegetation utilized by wildlife for food and cover, based upon recommendations by the Colorado Division of Wildlife. 2. When native vegetation must be removed within habitat areas, it shall be replaced with native and/or desirable nonnative vegetation capable of supporting post -disturbance land use. 3. Vegetation removed to control noxious weeds is not required to be replaced unless the site requires revegetation to prevent other noxious weeds from becoming established. D. Habitat Compensation. Where disturbance of critical wildlife habitat cannot be avoided, the developer may be required to acquire and permanently protect existing habitat to compensate for habitat that is lost to development. 8 E. Domestic Animal Controls. The County may require protective covenants or deed restrictions as necessary to control domestic animals by fencing or kenneling. 7-203. PROTECTION OF WATERBODIES. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. NO WATER BODIES IN AMENDED PLAT AREA. A. Minimum Setback. 1. A setback of 35 feet measured horizontally from the Typical and Ordinary High Water Mark (TOHWM) on each side of a Waterbody is required. 2. In the case of entrenched or incised streams, where the vertical distance from the bank exceeds 25 feet, all activities, except for those referenced in section 7-203.A.3, will adhere to a setback of 2.5 times the distance between the TOHWMs or 35 feet, whichever is less. 3. A minimum setback of 100 feet measured horizontally from the TOHWM shall be required for any storage of hazardous materials and sand and salt for use on roads. Setback Setback f--35'•0"—�' .f-35'-0" High water area Pih B. Structures Permitted In Setback. Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. C. Structures and Activity Prohibited in Setback. Unless otherwise permitted or approved, the following activities and development shall be prohibited in the 35 foot setback: 1. Removal of any existing native vegetation or conducting any activity which will cause any loss of riparian area unless it involves the approved removal of noxious weeds, nonnative species, or dead or diseased trees. 2. Disturbance of existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. Measures taken to restore existing topography to improve drainage, flow patterns, and flood control must be approved. D. Compliance with State and Federal Laws. Any development impacting a Waterbody shall comply with all applicable state and federal laws, including, but not limited to, CDPHE water quality control division 9 regulations and the Army Corp of Engineers regulations and permitting for waters of the U.S. 7-204 DRAINAGE AND EROSION. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. A. Erosion and Sedimentation. Excluding Grading activities for agricultural purposes, development disturbing 1 acre or more is subject to the CDPHE National Pollutant Discharge Elimination System Permit, unless otherwise exempted by CDPHE. B. Drainage 1. Site Design to Facilitate Positive Drainage. Lots shall be laid out to provide positive drainage away from all buildings. 2. Coordination With Area Storm Drainage Pattern. Individual lot drainage shall be coordinated with the general storm drainage pattern for the area. a. Drainage ditches shall have a minimum Slope of no less than 0.75%. Energy dissipaters or retention ponds shall be installed in drainage ditches where flows are in excess of 5 feet per second. Ditches adjacent to roads shall have a maximum Slope of 3:1 on the inside and outside edges, except where there is a cut Slope on the outside edge, in which case the edge of the ditch shall be matched to the cut Slope. b. Subdrains shall be required for all foundations where possible and shall divert away from building foundations and daylight to proper drainage channels. c. Avoid Drainage to Adjacent Lots. Drainage shall be designed to avoid concentration of drainage from any lot to an adjacent lot. C. Stormwater Run -Off. These standards shall apply to any new development within 100 feet of a Waterbody and to any other development creating 10,000 square feet or more of impervious surface area. 1. Avoid Direct Discharge to Streams or Other Waterbodies. Stormwater Runoff from project areas likely to contain pollutants shall be managed in a manner that provides for at least 1 of the following and is sufficient to prevent water quality degradation, disturbance to adjoining property, and degradation of public roads. a. Runoff to Vegetated Areas. Direct run-off to stable, vegetated areas capable of maintaining Sheetflow for infiltration. Vegetated receiving areas should be resistant to erosion from a design storm of 0.5 inches in 24 hours. b. On -Site Treatment. On-site treatment of stormwater prior to discharge to any natural Waterbody by use of best management practices designed to detain or infiltrate the Runoff and approved as part of the stormwater quality control plan prior to discharge to any natural Waterbody. c. Discharge to Stormwater Conveyance Structure. Discharge to a stormwater conveyance structure designed to accommodate the projected additional flows from the proposed project, with treatment by a regional or other stormwater treatment facility. 10 2. Minimize Directly -Connected Impervious Areas. The site design shall minimize the extent of directly -connected impervious areas by including the following requirements: a. Drainage Through Vegetated Pervious Buffer Strips. Runoff from developed impervious surfaces (rooftops, Parking Lots, sidewalks, etc.) shall drain over stable, vegetated pervious areas before reaching stormwater conveyance systems or discharging to Waterbodies. b. Techniques Used in Conjunction with Buffer Strip. The requirement that all impervious areas drain to vegetated pervious buffer strips may be reduced if the outflow from the vegetated pervious buffer strip is directed to other stormwater treatment methods. Examples of other potential techniques to be used in conjunction with vegetated pervious buffer strip are: infiltration devices, grass depressions, constructed Wetlands, sand filters, dry ponds, etc. c. Grass Buffer Strip Slope Design. When impervious surfaces drain onto grass buffer strips, a Slope of less than 10% is encouraged, unless an alternative design is approved by the County. 3. Detain and Treat Runoff. Permanent stormwater detention facilities are required to be designed to detain flows to historic peak discharge rates and to provide water quality benefits and maintained to ensure function. Design criteria for detention facilities include: a. Detention facilities shall ensure the post -development peak discharge rate does not exceed the pre -development peak discharge rate for the 2 -year and 25 -year return frequency, 24-hour duration storm. In determining Runoff rates, the entire area contributing Runoff shall be considered, including any existing off- site contribution. b. To minimize the threat of major property damage or loss of life, all permanent stormwater detention facilities must demonstrate that there is a safe passage of the 100 -year storm event without causing property damage. c. Channels downstream from the stormwater detention pond discharge shall be protected from increased channel scour, bank instability, and erosion and sedimentation from the 25 -year return frequency, 24-hour design storm. d. Removal of pollutants shall be accomplished by sizing dry detention basins to incorporate a 40 -hour emptying time for a design precipitation event of 0.5 inches in 24 hours, with no more than 50% of the water being released in 12 hours. If retention ponds are used, a 24-hour emptying time is required. For drainage from Parking Lots, vehicle maintenance facilities, or other areas with extensive vehicular use, a sand and oil grease trap or similar measures also may be required. To promote pollutant removal, detention basins length -to -width ratio should be not less than 2, with a ratio of 4 recommended where site constraints allow. A sedimentation "forebay" is recommended to promote long-term functioning of the structure. Access to both the forebay and pond by maintenance equipment is required. 11 e. Culverts, drainage pipes, and bridges shall be designed and constructed in compliance with AASHTO recommendations for a water live load. 7-205. ENVIRONMENTAL QUALITY. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. A. Air Quality. Any Land Use Change shall not cause air quality to be reduced below acceptable levels established by the Colorado Air Pollution Control Division. B. Water Quality. At a minimum, all hazardous materials shall be stored and used in compliance with applicable State and Federal hazardous materials regulations. 7-206. WILDFIRE HAZARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. The following standards apply to areas subject to wildfire hazards as identified on the County Wildfire Susceptibility Index Map as indicated in the County's Community Wildfire Protection Plan. A. Location Restrictions. Development associated with the land use change shall not be located in any area designated as a severe wildfire Hazard Area with Slopes greater than 30% or within a fire chimney as identified by the Colorado State Forest Service. B. Development Does Not Increase Potential Hazard. The proposed Land Use Change shall be developed in a manner that does not increase the potential intensity or duration of a wildfire, or adversely affect wildfire behavior or fuel composition. C. Roof Materials and Design. Roof materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. . 7-207. NATURAL AND GEOLOGIC HAZARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. A. Utilities. Above -ground utility facilities located in Hazard Areas shall be protected by barriers or diversion techniques approved by a qualified professional engineer. The determination to locate utility facilities above ground shall be based upon the recommendation and requirements of the utility service provider and approved by the County. B. Development in Avalanche Hazard Areas. Development may be permitted to occur in Avalanche Hazard Areas if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and the plan approved by the County. 1. Building construction shall be certified to withstand avalanche impact and static loads and otherwise protected by external avalanche -defense structures that have been similarly certified. 2. Driveways and Subdivision roads shall avoid areas where avalanches have return periods of fewer than 10 years. 12 3. Clear -cutting or other large-scale removal of vegetation is prohibited in avalanche path starting zones, or in other locations that can increase the potential avalanche hazard on the property. 4. Extractive operations in Avalanche Hazard Areas are prohibited when snow is on the ground unless a program of avalanche control and defense measures has been approved by the County to protect the operation. C. Development in Landslide Hazard Areas. Development may be permitted to occur in Landslide Hazard Areas only if the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to artificially stabilize, support, buttress, or retain the potential slide area and to control surface and subsurface drainage that affects the slide area. 2. The following development activities shall be prohibited in Landslide Hazard Areas: a. Activities that add water or weight to the top of the Slope, or along the length of the Slope, or otherwise decrease the stability of the Hazard Area. Measures and structural improvements to permanently control surface and subsurface drainage from the development shall be required. b. Activities that remove vegetation or other natural support material that contributes to its stability. c. Activities that increase the steepness of a potentially unstable Slope. d. Activities that remove the toe of the landslide, unless adequate mechanical support is provided. D. Development in Rockfall Hazard Areas. Development shall be permitted to occur in rockfall Hazard Areas only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County. 1. Development shall comply with recommended construction practices to minimize the degree of hazard. Construction practices may include: a. Stabilizing rocks by bolting, gunite application (cementing), removal of unstable rocks (scaling), cribbing, or installation of retaining walls. b. Slowing or diverting moving rocks with rock fences, screening, channeling, damming, or constructing concrete barriers or covered galleries. c. Installation of structural barriers around vulnerable structures to prevent rock impact. 2. The following development activities shall be prohibited in rockfall Hazard Areas: 13 a. Activities that add water or weight to, or otherwise decrease the stability of, cliffs or overhanging strata. b. Activities that will reduce stability, including activities that remove vegetation or other natural support material, or that require excavation, or cause erosion that will remove underlying support to a rockfall Hazard Area. E. Development in Alluvial Fan Hazard Area. Development shall only be permitted to occur in an alluvial fan if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Development shall be protected using structures or other measures on the uphill side that channel, dam, or divert the potential mud or debris flow. 2. Disturbance shall be prohibited in the drainage basin above an alluvial fan, unless an evaluation of the effect on Runoff and stability of the fan and on the ground water recharge area shows that disturbance is not substantial or can be successfully mitigated. F. Slope Development. Development on Slopes 20% or greater shall only be permitted to occur if the Applicant demonstrates that the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or qualified professional geologist, and as approved by the County: 1. Building lots with 20% or greater Slope shall require a special engineering study to establish the feasibility of development proposed for the site. The study shall address feasibility of construction required for the use and describe the mitigation measures to be used to overcome excessive Slope problems. 2. Development shall be permitted to occur on Slopes greater than 30% only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with the following minimum requirements: a. Cutting, filling, and other Grading activities shall be confined to the minimum area necessary for construction. b. Development shall be located and designed to follow natural grade, rather than adjusting the site to fit the structure. Roads and driveways built to serve the development shall follow the contours of the natural terrain and, if feasible, shall be located behind existing landforms. 3. Development on Unstable or Potentially Unstable Slopes. If a site is identified as having moderate or extremely unstable Slopes, then development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with certified geotechnical design and construction stabilization and maintenance measures. a. Cutting into the Slope is prohibited without provision of adequate mechanical support. 14 b. Adding water or weight to the top of the Slope, or along the length of the Slope, is prohibited. c. Vegetation shall not be removed from the Slope unless the integrity of the Slope can be adequately maintained. 4. Development on Talus Slopes. Development shall be permitted to occur on a Talus Slope only if the Applicant demonstrates that the development cannot avoid such areas, and the development complies with the following minimum requirements and standards, as certified by a qualified professional engineer, or a qualified professional geologist, and as approved by the County: a. The development shall be designed to withstand down Slope movement. b. The design shall include buried foundations and utilities below the active Talus Slope surface. c. Site disturbance shall be minimized to avoid inducing slope instability. d. The toe of a Talus Slope shall not be removed unless adequate mechanical support is provided. G. Development on Corrosive or Expansive Soils and Rock. Development in areas with corrosive or expansive soils and rock shall be designed based upon an evaluation of the development's effect on Slope stability and shrink -swell characteristics. Development shall be permitted only if the Applicant demonstrates that the development cannot avoid such areas and the development complies with design, construction stabilization, and maintenance measures certified by a qualified professional engineer, or qualified professional geologist, and is approved by the County. 1. Surface drainage shall be directed away from foundations. 2. Runoff from impervious surfaces shall be directed into natural drainages or otherwise on-site in a manner that does not create or increase adverse impacts to the development site or to adjacent or other property. H. Development in Mudflow Areas. Development shall be permitted in a mudflow area only if the Applicant demonstrates that the development cannot avoid such areas, and the development adequately employs, construction stabilization, and mitigation and maintenance measures as designed by a qualified professional engineer, or qualified professional geologist, and as approved by the County. I. Development Over Faults. Development shall be permitted over faults only if the Applicant demonstrates that such areas cannot be avoided and the development complies with mitigation measures based on geotechnical analysis and recommendations, as certified by a qualified professional engineer, or qualified professional geologist, and approved by the County. 7-208. RECLAMATION. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. A. Applicability. These standards shall apply to any development that requires a Land Use Change Permit, including divisions of land, as well as to the following activities: 15 1. Installation of ISDS. Installation of a new or replacement ISDS. 2. Driveway Construction. Any driveway construction that requires a Garfield County Access Permit or a CDOT Access Permit. 3. Preparation Area. All areas disturbed during development that do not comprise the longer-term functional areas of the site but are those areas used for the short-term preparation of the site. B. Reclamation of Disturbed Areas. Areas disturbed during development shall be restored as natural -appearing landforms that blend in with adjacent undisturbed topography. 1. Contouring and Revegetation. Abrupt angular transitions and linear placement on visible Slopes shall be avoided. Areas disturbed by Grading shall be contoured so they can be revegetated, and shall be planted and have vegetation established and growing based on 70% coverage as compared with the original on-site vegetation within 2 growing seasons, using species with a diversity of native and/or desirable nonnative vegetation capable of supporting the post -disturbance land use. To the maximum extent feasible, disturbed areas shall be revegetated to a desired plant community with composition of weed -free species and plant cover typical to that site. 2. Application of Top Soil. Top soil shall be stockpiled and placed on disturbed areas. 3. Retaining Walls. Retaining walls made of wood, stone, vegetation, or other materials that blend with the natural landscape shall be used to reduce the steepness of cut Slopes and to provide planting pockets conducive to revegetation. 4. Slash Around Homes. To avoid insects, diseases, and wildfire hazards, all vegetative residue, branches, limbs, stumps, roots, or other such flammable lot -clearing debris shall be removed from all areas of the lot in which such materials are generated or deposited, prior to final building inspection approval. 5. Removal of Debris. Within 6 months of substantial completion of soil disturbance, all brush, stumps, and other debris shall be removed from the site. 6. Time Line Plan. Every area disturbed shall have a time line approved for the reclamation of the site. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. Unless a use is explicitly identified elsewhere in this Code as being exempt from 1 or more standards, the following standards shall apply to all uses, divisions of land and PUDs. Single- family dwelling units, are specifically exempt from these Division 3 standards. 7-301. COMPATIBLE DESIGN. The design of development associated with the land use change shall be compatible with the existing character of adjacent uses. 16 A. Site Organization. The site shall be organized in a way that considers the relationship to streets and lots, solar access, parking, pedestrian access, and access to common areas. B. Operational Characteristics. The operations of activities on the site shall be managed to avoid nuisances to adjacent uses relating to hours of operations, parking, service delivery, and location of service areas and docks. 1. Dust, odors, gas, fumes, and glare shall not be emitted at levels that are reasonably objectionable to adjacent property. 2. Noise shall not exceed State noise standards pursuant to C.R.S., Article 12 of Title 25, unless the use is regulated by the COGCC. In this case, the use shall be subject to COGCC Rules regarding noise abatement. 3. Hours of operation shall be established to minimize impacts to adjacent land uses. C. Buffering. Buffering shall be installed to mitigate visual, noise, or similar impacts to adjacent property whenever adjacent uses are in a different zone district. D. Materials. Exterior facades shall be constructed with materials that do not detract from adjacent buildings or uses. 7-302. OFF-STREET PARKING AND LOADING STANDARDS. A. Off -Street Parking Required. All land uses shall be required to provide the number of off-street parking spaces set forth in Table 7-302.A. Any use not specifically listed in Table 7-302.A. shall be determined by the Director. 1. A parking or loading space that is required by this Code shall not be a required parking or loading space for another use unless it can be shown that the shared use will not result in a shortage of parking at any time. Use of approved shared parking or loading spaces, based upon the following conditions, may reduce the number of off-street parking spaces by up to 20% of the total required for all uses. a. The peak use periods for the required parking or loading space will not overlap with one another. b. The shared use arrangement for parking or loading spaces shall be for 2 or more uses located on the same site or adjoining sites. 2. When any calculation of the number of required off-street parking spaces results in a fractional space being required, such fraction shall be rounded up to the next higher number of spaces. Table 7-302.A.: 1linimum Off -Street Parking Standards By l se Use Type . Parking Standard Single -Unit 2 -Unit Multi -Unit 2 Spaces Per Unit 2 Spaces Per Unit 2.5 Spaces Per Unit Manufactured Home Park 2 Spaces Per Unit 17 Transitional Housing 1 Space Per Unit Overnight/Emergency Shelter 1 Space Per Stair Auditorium/Public Assembly Areas 1 Space Per 100 Square Feet of Seating Area Public Facility 1 Space Per 300 Square Feet of Floor Arca' I lealth Facility I Space Per 300 Square Feet of Floor Area' Lodging 1 Space Per Room Restaurant and Tavern 1 Space Per Every 4 Seats Retail, Service, or Office 1 Space Per 250 Square Feet of Leasable Floor Area Wholesale Establishment. Warehouse. Rail or Truck Freight Terminals 1 space per 2,000 square feet of Floor Area Recreational Vehicle Park 1 Space per Recreational Vehicle Manufacturing Establishments l Space Per 1,000 Square Feet of Floor Arca 1. Computed on the basis of the estimated maximum number of employees and volunteers on the site at any given time. 2, Net leasable areas include only those areas that are designed to be leased to a tenant and occupied for commercial or office purposes, exclusive of any area dedicated to foyers, bathrooms, stairways, circulation corridors, mechanical areas, and storage areas used solely by tenants on the site. B. Off -Street Loading Required. Buildings or structures that are designed or that are substantially altered so as to receive and distribute materials and merchandise by truck shall provide and maintain off-street loading spaces in sufficient number to meet their need. Where the property or use is served or designed to be served by tractor -trailer delivery vehicles, the standards in Table 7-302.B. shall be used in establishing the minimum number of off-street loading berths required. Table 7-302.B: Off -Street Loading Requirements Gross Floor Area of Building Required Berths or Spaces Up to 10,000 Square Feet 1 Space Greater Than 10,000 Square Feet 2 Spaces C. Continuing Obligation. The provision and maintenance of off-street parking and loading spaces that comply with this Code shall be a continuing obligation of the property owner. D. Location of Required Parking Spaces. Required off-street parking spaces shall be located on the same lot or the adjacent lot proximate to the business they are intended to serve. E. Loading and Unloading. Loading and unloading of vehicles serving commercial and industrial uses shall be conducted in a manner that does not interfere with the proper flow of traffic. F. Parking and Loading Area Surface. 1. Surface Materials. Off-street parking areas, loading areas, aisles, and access drives shall have a durable, all-weather surface made of materials that are suitable for the uses to which the parking area will be put. 2. Grading and Drainage. Parking and loading surfaces shall be design by an engineer to ensure proper drainage off surface and stormwater. 3. Striping. Paved surfaces shall be striped to demarcate the parking spaces for all commercial lots and for residential lots containing over 4 contiguous spaces. 18 G. Minimum Dimensions of Parking Areas. The minimum dimensions of parking spaces, aisles, and back-up areas are specified in Figure 7-302. The length of a parking space may be reduced to 18 feet, including wheel stop, if an additional area of 2 feet in length is provided for the front overhang of the car, provided that the overhang shall not reduce the width of the adjacent walkway to less than 4 feet. H. Compact Car Spaces. In parking areas containing more than 10 spaces, up to 20% of the number of spaces over the first 10 spaces may be designed and designated for compact cars. 1. Minimum Dimensions. A compact car space shall have minimum dimensions of 8 feet in width by 16 feet in length. 2. Signage. Compact car spaces shall be designated for exclusive use by compact cars and identified by stencil signage or a raised identification sign not to exceed dimensions. COMPACT CAR SPACE 8'X16' MINIMUM - REGULAR SPACE 9' X 20' 2&-0" Figure 7-302: Parking Space Dimensions I. Minimum Dimensions of Loading Berths. The minimum dimension of any loading berth shall be 10 feet wide by 35 feet long, with a vertical clearance of 14 feet. If the typical size of vehicles used in connection with the proposed use exceeds these standards, the dimensions of these berths shall be increased. J. Handicapped or Accessible Parking. Accessible parking shall comply with the County's construction codes and the adopted or most recent edition of CABO/ICC ANSI A 117.1. K. Unobstructed Access. Each required parking space shall have unobstructed access from a road or Alley, or from an aisle or drive connecting with a road or Alley, except for approved residential tandem parking. L. Tandem Parking. Tandem parking (a vehicle parking directly behind another) that meets the following conditions may be applied to meet the off-street parking standards of this Code: 1. The space does not impede the movement of other vehicles on the site; 2. Tandem spaces serving multi -family dwelling units are assigned to the same dwelling unit; and 3. Valet parking shall be provided for tandem spaces serving commercial uses. 19 M. Backing Onto Public Streets Prohibited. All parking areas shall be located and designed in conjunction with a driveway so that vehicles exiting from a parking space shall not be required to back onto a public road. Vehicles exiting from a parking space for a single-family or duplex dwelling unit may back onto a residential street. Vehicles exiting from a parking space for any use may back onto the right-of-way of an Alley adjacent to the property. N. Access Driveways. Access driveways for required off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress, and the maximum safety of pedestrian and vehicular traffic on the site. 1. Minimum Width. a. The minimum width of the access driveway for a commercial or industrial use shall be 12 feet for a 1 -way drive and 24 feet for a 2 - way drive. b. The access driveway for a residential use shall be 10 feet for a 1 - way drive and 20 feet for a 2 -way drive. 2. Clear Vision Area. Access driveways shall have a minimum clear vision area as described and illustrated in section 7-303.1. O. Parking and Loading Area Landscaping and Illumination. Off-street parking and loading areas for nonresidential uses located adjacent to residential uses or Residential Zoning Districts shall be landscaped to minimize disturbance to residents, including installation of perimeter landscaping, proper screening of loading areas with opaque materials, and control of illumination. 7-303. LANDSCAPING STANDARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. Accessory dwelling units, Industrial Uses and all uses located fully within a parcel of land in an Industrial Zone District are exempt from this section... A. General Standards. 1. All portions of the site where existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a mix of native, adaptive, and drought - tolerant grasses, ground covers, trees and shrubs. The density of the re- established vegetation must be adequate to prevent soil erosion and invasion of weeds after 1 growing season. 2. Landscaping shall not obstruct fire hydrants or utility boxes and shall be installed so it will not grow into any overhead utility lines. Trees and shrubs shall not be planted within 4 feet of existing overhead or underground lines B. Multi -Family Development. Lots in a Residential Zone District that contain multi -family dwellings shall be landscaped in the areas not covered by impervious materials. C. Subdivision, PUD, and Rural Land Development Exemption. Landscaping in a residential Subdivision, Planned Unit Development, or Rural Land Development Exemption shall be consistent with the character of the development, the unique ecosystem, and specific environment in which the development is located. 20 D. Plants Compatible with Local Conditions. All plants used for landscaping shall be compatible with the local climate and the soils, drainage, and water conditions of the site. When planting occurs on hillsides, Slopes, drainage ways, or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and special distribution patterns. Whenever possible, drought -resistant varieties of plant materials shall be utilized. Xeriscape design principles and the use of native plant species shall be used when appropriate. E. Existing Vegetation. Healthy trees, native vegetation, natural or significant rock outcroppings, and other valuable features shall be preserved and integrated within planting areas. F. Minimum Size. To ensure healthy plant materials are installed in new development, trees and shrubs shall comply with the quality standards of the Colorado Nursery Act, 1973 C.R.S. Title 35, Article 26. 3. Deciduous Trees. Deciduous trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 4. Coniferous Trees. Coniferous trees shall be a minimum of 4 feet in height, measured from the top of the root ball to the top of the tree. 5. Ornamental Trees. Ornamental trees shall be a minimum of 1-1/2 inches in caliper, measured at a point 4 inches above the ground. 6. Shrubs and Vines. Shrubs shall be a minimum of 1 foot in height at time of planting. Vines shall be in a minimum 1 gallon container. G. Minimum Number of Trees and Shrubs. Trees and shrubs must be grouped in strategic areas and not spread thinly around the site. Where screening is required, plant materials must be sufficient to create a semi- opaque wall of plant material between the property and the adjoining area to be screened. H. Parking and Storage Prohibited. Areas required as landscaping shall not be used for parking, outdoor storage, and similar uses, but may be used for snow storage if designed in compliance with section 7-305, Snow Storage Standards. I. Clear Vision Area. A Clear Vision Area is the area formed by the intersection of the driveway centerline road right-of-way, the other road right-of-way line, and a straight line joining said lines through points 20 feet from their intersection as illustrated in Figure 7-303.A. Within a Clear Vision Area, plant materials shall be limited to 30 inches in height to avoid visibility obstructions or blind corners at intersections as illustrated in Figure 7-303.B. 21 II L 20.-0 ROW CLEAR VISION AREA RESTRICTED PLANTING AREA Figure 7-303 A: Clear Vision Area Space. J ' CLEAR VISION AREA 8' MINIMUM Figure 7-303 B: Plant Material in a Clear Vision Area. J. Landscaping Within Off -Street Parking Areas. 1. All off-street parking areas containing 15 or more spaces shall provide landscape buffers when adjacent to a public road. Landscape buffers may be achieved through the use of earthen berms, shrubs, trees, or other appropriate materials to effectively screen the parking area from the right- of-way. 2. Interior Parking Areas. Planting shall be established to break up the interior of all parking areas. Landscape planting islands shall be a minimum of 8 feet in width, as shown in Figure 7-303.C, to ensure adequate room for planting. 22 INTERNAL CIRCULATION WAY 8' MINIMUM PLAN TING STRIP s1� 8' MIMINIMU M PLANTING STRIP Figure 7-303 C: Planting Strip 7-304. LIGHTING STANDARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. Any exterior lighting shall meet the following conditions: A. Downcast Lighting. Exterior lighting shall be designed so that light is directed inward, towards the interior of the Subdivision or site. B. Shielded Lighting. Exterior lighting shall be fully shielded or arranged in a manner so that concentrated rays of light will not shine directly onto other properties. C. Hazardous Lighting. The direct or reflected light from any light source shall not create a traffic hazard. Colored lights shall not be used in such a way as to be confused or construed as traffic control devices. D. Flashing Lights. Blinking, flashing, or fluttering lights, or other illuminated device that has a changing light intensity, brightness, or color, shall be prohibited in all zone districts. E. Height Limitations. Light sources which exceed 40 feet in height shall not be permitted except for temporary holiday displays or as required by local, State or Federal regulations. 7-305. SNOW STORAGE STANDARDS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. All residential uses except for multi -family are exempt from this section, unless the residential use includes a common outdoor parking area. A. Minimum Area. A designated area sufficient to store snow from the entire parking area shall be provided. As a general guideline, and considering the varying elevations and snowfall amounts throughout the County, it is anticipated that a minimum area equivalent to 2.5% of the total area of the required off-street parking and loading area, including access drives, shall be designated to serve as a snow storage area. 23 B. Storage in Parking Spaces Prohibited. Required off-street parking and loading areas shall not be used for snow storage. C. Storage in Yards and Open Space Permitted. Snow stored in a yard or Open Space shall not be located in a manner that restricts access or circulation, or obstructs the view of motorists. D. Storage on Public Roadways Prohibited. Public roads shall not be used for snow storage. E. Drainage. Adequate drainage shall be provided for the snow storage area to accommodate snowmelt and to ensure it does not drain onto adjacent property. 7-306. TRAIL AND WALKWAY STANDARDS. A. Recreational and Community Facility Access. A multi -modal connection, such as a trail or sidewalk, shall be provided in a development where links to schools, shopping areas, parks, trails, greenbelts, and other public facilities are feasible. 1. Trail Dedication Standards. Trail rights-of-way for dedicated park lands and Open Space shall conform to the following criteria: a. The land required for trails or walkways shall be set aside as an easement or separate fee interest. b. All easements for trails and walkways will be dedicated to the public. c. The width of the easement shall be adequate to handle the proposed use based on the particular reasonable needs of the trail, its location, the surrounding terrain, and the anticipated usage. The minimum width for the trail easement shall be 8 feet. d. Public access to the trail shall be provided within the subject property. e. Any easement may overlap and include property previously included in other easements, such as ditch, canal, utility and Conservation Easements, and public or private open space. However, the trail easement shall not compromise the functional use of any other easement. B. Safety. Special structures and/or traffic control devices may be required at road crossings to avoid unsafe road crossings. C. Maintenance. Suitable provisions for maintenance of trail and walkway systems shall be established through a perpetual association, corporation, or other means acceptable to the County. DIVISION 4. SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS. AMENDED FINAL PLAT WILL NOT RESULT IN ANY CHANGE. The following standards apply to all divisions of land unless elsewhere in this Code a division of land is explicitly exempt from 1 or more standards. 24 7-401. GENERAL SUBDIVISION STANDARDS. A. Maintenance of Common Facilities. Maintenance of common facilities must be accomplished either through covenants of a homeowners association, a separate maintenance agreement, or some other perpetual agreement. B. Domestic Animal Control. In each residential unit within the Subdivision, domestic animals shall be confined within the owner's property boundaries and kept under control when not on the property. This requirement for domestic animal control shall be included in the protective covenants for the Subdivision, with enforcement provisions acceptable to the County. C. Fireplaces. Any new solid -fuel burning stove, as defined by C.R.S. § 25-7-401, et seq., shall be limited to 1 per lot within a Subdivision. Open hearth, solid -fuel fireplaces shall be prohibited. All dwelling units shall be allowed natural gas burning stoves and appliances. D. Development in the Floodplain. 1. All Subdivision proposals shall be reasonably safe from flooding. If a subdivision or other development proposal is in a flood -prone area, the proposal shall minimize flood damage. 2. BFE data shall be generated by the Applicant for Subdivision proposals and other proposed development which are greater than 50 lots or 5 acres, whichever is less. 3. All Subdivision proposals, including the placement of Manufactured Home Parks, shall have adequate drainage provided to reduce exposure to flood hazards. 4. All Subdivision proposals, including the placement of Manufactured Home Parks and Subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage. 7-402. SUBDIVISION LOTS. All lots in any Subdivision shall conform to the following specifications: A. Lots Conform to Code. Lot area, width, frontage, depth, shape, location, and orientation shall conform to the applicable zone district requirements and other appropriate provisions of this Code. 1. The Lot Size may be increased for lots developed in areas posing a potential hazard to health or safety due to soil conditions or geology. 2. Lot characteristics shall be appropriate for the location of the development and the type of use allowed. a. Depth and width of lots shall be adequate to provide for the required off-street parking and loading facilities required by the type of use and development contemplated. b. The width of residential corner lots shall be sufficient to accommodate the required building setback from both roads. 25 B. Side Lot Line Alignment. Side Lot Lines shall be substantially at right angles or radial to road right-of-way lines. C. Lots Configuration, Cul -de -Sacs. Wedge-shaped lots or lots fronting on cul-de-sacs shall be a minimum of 25 feet in width at the front property line. D. Lot Division by Boundaries, Roads, or Easements Prohibited. No lots shall be divided by municipal boundaries, County roads or public rights-of-way. 7-403. SURVEY MONUMENTS. Permanent Survey Monuments shall be set within all Subdivisions pursuant to C.R.S. §§ 38-51- 104 and 38-51-105. Prior to selling or advertising the sale of lots, No. 5 steel rebar, 18 inches or longer in length, shall be set at all lot corners. The registration number of the responsible land surveyor shall be fixed securely to the top of all monuments, markers, and benchmarks. A. Monuments Located Within Streets. Monuments located within streets shall be No. 5 rebar steel, 36 inches or longer in length, placed so that their tops are 6 inches below the final street surface. When a street is paved or otherwise surfaced, all such monuments within the paved or surfaced area shall be fitted with monument boxes of sturdy construction. Monuments set after paving or surfacing shall also be provided with sturdy monument boxes. B. Setting by Standard Construction Techniques. All monuments, markers, and benchmarks shall be set or witnessed according to standard construction techniques and in a fashion that is satisfactory to the BOCC. 7-404. SCHOOL LAND DEDICATION. A. General. The BOCC shall require reservation, dedication, or payment in lieu for school land. The BOCC may require payment of a sum of money not exceeding the fair market value of such sites and land areas, or a combination of land dedication and payment in lieu of dedication. B. Amount of School Land Dedicated. The proportion of land to be reserved or dedicated for school land shall be based upon the size, location, and characteristics of the proposed Subdivision, the current and likely future uses of the surrounding area, and the impact of the Subdivision on public services and facilities. The amount of land dedicated for public purposes shall be roughly proportionate to the impacts of the Subdivision. 1. Property Within RE -1 School District. For all property located in the RE -1 School District, the subdivision of land for residential use shall include reservation and dedication of sites and land areas for schools determined in accordance with the following calculations: 2. Land Dedication Standard. a. Application of the formula for land dedication standard described below results in the following land dedication standards: (1) Single Family: 870 square feet per unit, or .020 acres. (2) Multi -Family: 675 square feet per unit, or .015 acres. (3) Manufactured Home: 1,261 square feet per unit, or .029 acres. 26 b. If dedication of all or portions of the required school lands is not deemed feasible or in the public interest, the school district may recommend to the BOCC 1 of the following options: (1) Guarantee of future land dedication. The Applicant shall submit a letter guaranteeing future dedication of land for school sites and proposing a method of guarantee acceptable to the BOCC or the receiving agency. (2) The Applicant provide cash -in -lieu of lands in accordance with the provisions of section 7-404.C. 3. Final Plat Requirements. a. All dedicated lands shall be designated on the Final Plat and deeded to Garfield County or the appropriate agency at the time of recordation of the Final Plat. b. Title insurance, provided by a title insurance company authorized to do business in the State of Colorado and acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. c. A certificate of representations and warranties concerning title and usability of the property, in a form acceptable to the BOCC, shall be required at the time of recordation of the Final Plat. 4. Formula for Land Dedication Standard. Land Area Provided Per Student x Students Generated Per Dwelling Unit = Land Dedication Standard. a. Land Area Provided Per Student. The district has determined that 1,776 square feet of land per student shall be provided for future school sites, based on Table 7-404. b. Students Generated Per Dwelling Unit. The number of students generated per type of dwelling unit shall be based on the following: (1) Single Family 0.49 (2) Multi -Family 0.38 (3) Manufactured Home 0.71 Table 7-404: Land Area Provided Per Student Reasonable Ca44y Recommended Acreage1 School Type Elementary School 550 students 15.5 acres Middle School 600 students 26.0 acres High School 800 students 38.0 acres Total 1950 students 79.5 acres Average Summary Acres Per student 0.04077 acres Square Feet Per Student 1,776 square feet 1. Based on the Guide for Planning Educational Facilities, Council of Education Facility Planners International, 1991. 27 C. Payment -In -Lieu of Dedication of School Land. Based upon recommendation from the potential receiving body, the BOCC may accept a cash payment from the Applicant in lieu of dedicated land ("Payment"), in whole or part. 1. Property Not Within RE -1 School District. For all property not located in the RE -1 School District, the Applicant will pay $200 per dwelling unit to the appropriate school district, unless previous agreements have been made between the Applicant and the school district to pay for school impacts. 2. Property Within RE -1 School District. Payment shall be based on the unimproved fair market value of the land. a. Not to Exceed Market Value. Payment shall not exceed the current market value of the land that would have been dedicated to the County or other public entity. If a combination of land dedication and payment is applied, the combination of both land dedication and payment shall not exceed the fair market value of the total required dedication of sites and land areas b. Minimum Payment. Minimum payment shall be $500.00 for any required dedication. c. Payment for Schools. Based upon the RE -1 School District's recommendation, the BOCC can require a cash payment -in -lieu of dedicating land, or a cash payment in combination with a land dedication, to comply with the requirements for public sites and Open Space set forth in this Code. 3. Formula for Payment. Unimproved Per Acre Market Value of Land x Land Dedication Standard x Number of Units = Payment a. Unimproved Market Value of Land. Unimproved market value of the land shall be determined by an appraisal performed within the last 6 months for the Applicant, by an individual qualified in the State of Colorado to establish the unimproved market value of the property just prior to the approval of a Final Plat. Any dispute of the market value would be based upon a separate appraisal by an individual qualified in the State of Colorado to establish the value, which shall be paid for by the school district. In the event the school district declines to conduct a separate appraisal, the Applicant's appraisal will be used. b. Land Dedication Standard. The land dedication standard set forth in section 7-404.B. c. Number of Units. The number of dwelling units proposed. 4. Payments Held in Escrow. Payments received by the BOCC shall be held in an escrow account by the County for the purposes allowed by C.R.S. § 30-28-133. 28 5. Release of Land or Payment. After Final Plat approval and receipt of dedications, the BOCC shall give written notification to the appropriate receiving body. a. Following notice by the BOCC, the receiving body may request the dedication, and the BOCC shall transfer the lands to the appropriate receiving body. b. Funds may be released to the appropriate receiving body if the BOCC finds that the proposed use of funds is compatible with the intent of the payment or sale of the land. c. The County shall retain a reasonable management fee for the holding and maintenance of escrow accounts for payments, provided that the management fee does not exceed the amount of interest generated by the account. 7-405. TRAFFIC IMPACT FEES. A. General Requirements. 1. Off-site road impacts shall be evaluated for Subdivisions through completion of a Traffic Study identifying the volume of traffic generated from the development, based on Trip Generation rate calculations utilizing the most current Institute of Traffic Engineers, Trip Generation Manual, to establish an Average Daily Traffic (ADT). The road impact fee shall be determined by using the capital improvements plan and the associated road impact fee requirements. 2. 50% of the road impact fees shall be collected at the Final Plat for a Subdivision, if the affected County road project is scheduled to start within 5 years in a capital improvements plan adopted by the BOCC. All other road impact fees will be collected at the issuance of a Building Permit. 3. Any road impact fees collected will be put into a separate interest-bearing account in the County Treasurer's Office for each road that impact fees are collected. All fees collected and interest accrued must be spent on capital improvements to the specific road for which the fees were collected within 20 years of the date that the fee is established. All capital expenditures must be consistent with the capital improvements plan used as a basis for establishing the fee. If, after 20 years, the fees collected have not been spent in accordance with the capital improvements plan used to establish the fee, all fees will be returned to the land owner of the property assessed an impact fee, with interest accrued. 4. To the extent the County has expended funds consistent with a capital improvements plan for a particular road and a property owner has not paid a road impact fee as required for a Building Permit that establishes additional ADT, the impact fee shall be collected at the time a Building Permit is issued to recoup the expenditure. Any fees collected after the completion of an identified road project will be credited to the appropriate project and will be used to reimburse the County for the funds advanced to complete the project. 5. The County may use road impact fees for a specific road improvement identified as a critical facility with a high priority for health and safety reasons in a capital improvements plan adopted by the BOCC, in advance of the completion of the entire road improvement project. Any such use of 29 funds must be consistent with the basis for the impact fee. If, after the use of road impact fees for a critical facility road improvement, the County fails to complete the entire project identified in the capital improvements plan within the 20 -year period of collection, the proportionate share, with interest, will be returned to the owner of the property subject to the impact fee based on the actual amount of the expenditures made on a particular road system. 6. As a part of the capital improvements plan, the BOCC may determine that certain portions of the road improvements to a road are critical to complete before there are any additional traffic generating uses added to the road. If a development is proposed before the County has scheduled to make the necessary improvements identified in the capital improvements plan, the developer may be allowed to pay the total cost of the needed improvements prior to the County's schedule. The County will reimburse the portion of the cost that exceeds the amount that would be applicable for road impact fees, plus interest, by the time the project had originally been scheduled to be completed. If the BOCC has not established a base road cost per ADT for the area in question, the Applicant will not be obligated to provide an analysis of the off-site road impacts. 30 RELEVANT SECTION 4-203 AND 5-402 SUBMITTALS POLLARD APPLICATION FOR AMENDED ANTLER ORCHARD PLAT 4-203E. GRADING AND DRAINAGE PLAN/ GROUNDWATER DRAINAGE REPORT. Because this amended final plat does not incorporate any new area of land, no grading or changes to drainage or storm water runoff are anticipated. Accordingly, no grading and drainage plan/groundwater drainage report is necessary. 4-203L. TRAFFIC STUDY/ROAD ENGINEERING REPORT. Garfield County, Co has expressed to Applicant that physical access is not required. Legal access is demonstrated in the Amended Final plat. Accordingly, the Applicant has requested a waiver of the engineering report for the roadways and the traffic study. 4-203M. WATER SUPPLY AND DISTRIBUTION PLAN. The source of water shall be for each lot to drill a domestic water well or a house hold use only water well, according to individual needs and Colorado Division of Water Resources guidelines. Applicant has supplied a letter from West Divide Water Conservancy District indicating sufficient water supply for water district area. 4-203N. WASTEWATER MANAGEMENT AND SYSTEM PLAN. Applicant is not required to demonstrate waste water management for vacant ground. 5-402F. FINAL PLAT. A copy of the proposed Amended Final Plat is included in the application materials. 5-402I. CODES, COVENANTS, RESTRICTIONS. The proposed Amended Final Plat is not governed by any covenants or restrictions, other than those occurring by County ordinance. Accordingly, no additional CC&Rs are proposed. RELEVANT SECTION 4-203 AND 5-402 SUBMITTALS POLLARD APPLICATION FOR AMENDED ANTLER ORCHARD PLAT 4-203E. GRADING AND DRAINAGE PLAN/ GROUNDWATER DRAINAGE REPORT. Because this amended final plat does not incorporate any new area of land, no grading or changes to drainage or storm water runoff are anticipated. Accordingly, no grading and drainage plan/groundwater drainage report is necessary. 4-203L. TRAFFIC STUDY/ROAD ENGINEERING REPORT. Garfield County, Co has expressed to Applicant that physical access is not required. Legal access is demonstrated in the Amended Final plat. Accordingly, the Applicant has requested a waiver of the engineering report for the roadways and the traffic study. 4-203M. WATER SUPPLY AND DISTRIBUTION PLAN. The source of water shall be for each lot to drill a domestic water well or a house hold use only water well, according to individual needs and Colorado Division of Water Resources guidelines. Applicant has supplied a letter from West Divide Water Conservancy District indicating sufficient water supply for water district area. 4-203N. WASTEWATER MANAGEMENT AND SYSTEM PLAN. Applicant is not required to demonstrate waste water management for vacant ground. 5-402F. FINAL PLAT. A copy of the proposed Amended Final Plat is included in the application materials. 5-402I. CODES, COVENANTS, RESTRICTIONS. The proposed Amended Final Plat is not governed by any covenants or restrictions, other than those occurring by County ordinance. Accordingly, no additional CC&Rs are proposed. WEST DIVIDE WATER CONSERVANCY DISTRICT February 20, 2018 Wayne Pollard wayne@moutainlivestock.com To Whom It May Concern: 818 Thughenbaugh Blvd., Suite 101 P.O. Box 1478 Rifle, Colorado 81650-1478 Tel: (970) 625-5461 Web: www.wdwcd.org Entail: water@wdwcd.org Wayne Pollard has inquired about augmentation water for 15 lots in the Antlers Orchard AOD subdivision located in Township 5S, Range 92W including sections 25 and 26. Each lot would need ordinary household usage, irrigation of 1 acre (43,560 square feet) of lawn and garden and the watering of approximately 5 livestock. At this time, West Divide Water Conservancy District has verified with Colorado River Engineering that there is enough supply within the Silt Mesa augmentation plan to provide a legal supply of water for this development. When Mr. Pollard is ready to develop these lots he will need to obtain a contract from West Divide Water Conservancy District. Sincerely yours, WEST DIVIDE WATER CONSERVANCY DISTRICT JW'''1 JCEc/tw Tammy S. Keenan Enclosure Directors: Samuel B. Potter Kelly Coucy Robert J. Zanella Bruce E. Wamplcr Dan R. Harrison COL0RA Do RIVER ENGINEER 1 N G IV a ,111,11! .4 T 1.11 To: Tammy Keenan From: Wendy Ryan and Chris Manera, P.E. Date: 2/14/2018 Subject: Antlers Orchard AOD Job #: Colorado River Engineering P.O. Box 1301 Rifle, CO 81650 (970) 625-4933 This memorandum is being provided to verify that the West Divide Water Conservancy District (WDWCD) Silt Mesa Augmentation plan (05CW296) can provide augmentation water to a newly formed subdivision located in Township 5S, Range 92W including portions of Sections 25 and 26. Anticipated Uses The anticipated uses associated with the new subdivision include: 15 homes with domestic uses, 1 acre of irrigation and 5 livestock for each home. The total contract amount associated with these uses would be 34.14 Acre -Feet. Augmentation Plan Operatioi, WDWCD holds decreed augmentation plans for Silt Mesa (05CW296) and Rifle and Elk Creeks (07CW229). These plans operate through an Agreement for Joint Project with Silt Water Conservancy District and Farmer's Irrigation Company. The Agreement allows West Divide to utilize Silt and Farmer's infrastructure to operate the plans for augmentation. Current Supply Colorado River Engineering has verified that there is currently enough supply within the Silt Mesa augmentation plan to provide a legal supply of water to the Antlers Orchard AOD subdivision. In order for water to be guaranteed to the Subdivision in the augmentation plan, they will need to apply for and maintain water allotment contracts with WDWCD. 2018-02-14 Pollard AntlersOrchardSubdivision_WaterAvailability Page 1 of 1