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HomeMy WebLinkAbout4.06 Exhibit 110 - 120BOCC Hearing -- Exhibits Flying M Ranch — PUD & Preliminary Plan Review Applicant is Eastbank LLC and Roaring Fork Re -1 School District May 20, 2019 (File SPPA-08-18-8675, PUD 08-18-8676) Exhibit # Exhibit Description 1 Public Notice Information Form & Proof of Notice 2 Garfield County Land Use and Development Code, as amended Garfield County Comprehensive Plan of 2030 Application Staff Memo — Continuation Request 3 4 5 6 Staff Report 7 Referral Comments — Garfield County Road and Bridge, Received January 10, 2019 8 Referral Comments — Colorado Parks and Wildlife, Received January 4, 2019 9 Referral Comments — Dan Coklery — SGM, Received January 22, 2019 10 Referral Comments — Xcel Energy, Received January 21, 2019 11 Referral Comments — Garfield County Vegetation Management, Received January 21, 2019 12 Referral Comments — Colorado Geological Survey, Received January 23, 2019 13 Referral Comments — City of Glenwood Springs, Received January 25, 2019 14 Referral Comments — United States Army Corps of Engineers, Received January 25, 2019 15 Referral Comments — Chris Hale — Mountain Cross Engineering, Received January 25, 2019 16 Referral Comments — Glenwood Springs Fire Department, Received January 28, 2019 17 Additional Referral Comments — Glenwood Springs Fire Department, Received January 28, 2019 18 Referral Comments — Roaring Fork Water and Sanitation District, Received January 25, 2019 19 Referral Comments — Roaring Fork Transportation Authority, Received January 28, 2019 and February 1, 2019 20 Referral Comments - Garfield County Environmental Health, Received February 1, 2019 21 Referral Comments - Colorado Department of Transportation, Received February 8, 2019 22 Public Comment - Kathy Whiting, Received February 5, 2019 23 Public Comment - Rochelle Smith, Received February 5, 2019 24 Public Comment - Melissa Heiser, Received February 5, 2019 Public Comment - Sandra Joyner, Received February 5, 2019 25 26 Public Comment - David Joyner, Received February 5, 2019 27 Public Comment - Nancy Heiser, Received February 5, 2019 28 Public Comment - Thomas Strazza, Received February 5, 2019 29 Public Comment - Rosella Leety, Received February 5, 2019 30 Public Comment - Trish and Gerry Hittinger, Received February 5, 2019 31 Public Comment - Felicity Smith, Received February 5, 2019 32 Public Comment - John Swanson, Received February 5, 2019 33 Public Comment - David Leety, Received February 5, 2019 34 Public Comment - Craig Duncan, Received February 5, 2019 35 Public Comment - Robert and Dana Brownlee, Received February 5, 2019 36 Public Comment - Jim English, Received February 5, 2019 37 Public Comment - Jennifer Flentge, Received February 5, 2019 38 Public Comment - Linda English, Received February 5, 2019 39 Public Comment - Douglas Flentge, Received February 5, 2019 40 Public Comment - Becky Gremillion, Received February 5, 2019 41 Public Comment - Darrin Smith, Received February 5, 2019 42 Public Comment - John Haines, Received February 5, 2019 43 Public Comment - Scott VanDeursen, Received February 5, 2019 44 Public Comment - Susan Horning, Received February 5, 2019 45 Public Comment - Steven Close, Received February 5, 2019 46 Public Comment - Peter Tibbetts, Received February 5, 2019 47 Public Comment - Anne Northw, y, Received February 5, 2019 48 Public Comment - Greg Rosenmerkel, Received February 5, 2019 49 Public Comment - Jeff Wisch, Received February 5, 2019 50 Public Comment - Michael Sos, Received February 5, 2019 51 Public Comment - John Rueter, Received February 5, 2019 52 Public Comment - Roger and Penelop Smith, Received February 5, 2019 53 Public Comment - Mary Moscon and Milton Cass, Received February 5, 2019 54 Public Comment - John Hageland, Received February 5, 2019 55 Public Comment - Jay Jahani, Received February 5, 2019 56 Public Comment - Jackie Woods, Received February 5, 2019 57 Public Comment - Martin Dorit Rowe, Received February 5, 2019 58 Public Comment - Gerard Hitinger, Received February 5, 2019 59 Public Comment - Schuyler Van Gordon, Received February 5, 2019 60 Public Comment - Chandra Allred, Received February 5, 2019 61 Public Comment - Terry Hageland, Received February 5, 2019 62 Public Comment - Jeff Horning, Received February 5, 2019 63 Public Comment - Richard and Nancy Bishop, Received February 5, 2019 64 Public Comment - Brook and Marilyn Robison, Received February 5, 2019 65 Public Comment - Mark and Nancy Becker, Received February 5, 2019 66 Public Comment - Mallory Harling, Received February 5, 2019 67 Public Comment - Karen Owens, Received February 5, 2019 68 Public Comment - Ryan Jarvis, Received February 5, 2019 69 Applicant Response to Referral Comments - Received February 15, 2019 70 Road and Bridge Follow-up Comment - February 12, 2019 71 Geotech Review - Response to Referral Comments, Provided by Applicant - Received February 22, 2019 72 Applicant Response to Conditions of Approval, Received February 27, 2019 73 Applicant Presentation 74 Aspen Times & Post Independent Article, February 11, 2019 75 Public Comment - Gregory Rosenmerkel, Received March 18, 2019 76 Public Comment - Melissa Helser, Received March 18, 2019 77 Public Comment - Nancy Heiser, Received March 18, 2019 78 Referral Comment - Roaring Fork Conservancy, Received March 20, 2019 79 Public Comments - Jim English, Received March 27, 2019 80 Public Comments - Linda English, Received March 27, 2019 81 Additional Public Comment - John Haines, Received March 27, 2019 82 Public Comment - Linda Carlson Shaw, Received March 27, 2019 83 Updated Traffic Study from Applicant 83 Public Comment - David Joyner, Received March 29, 2019 84 Public Comment - Gary Bryant, Received March 29, 2019 85 Public Comment - Mary Mascon and Milton Cass, Received March 29, 2019 86 Public Comment - Sandra Joyner, Received March 29, 2019 87 Public Comment - Darrin Smith, Received April 1, 2019 88 Updated Public Comment - Kathy Whiting, Received April 1, 2019 89 Public Comment- Becky Gremillion, Received April 1, 2019 90 Public Comment - Peter Guy, Laura Kornasiewicz representing Home Care and Hospice of the Valley, Received April 5, 2019 Acknowledgment of Receipt of Mailed Notice provided by the Applicant 91 92 Public Comment - Travis Stewart, Received April 5, 2019 93 Updated Referral Comment — Colorado Department of Transportation, Received April 5, 2019 94 Public Comment — Markey Butler, Received April 8, 2019 95 Public Comment — Exhibits from Beattie, Houpt, and Jarvis, representing Westbank HOA, Received April 8, 2019 96 Applicant Proposed Revised Conditions at April 8, 2019 Hearing 97 Letter from Applicant Regarding Phased Access Permit 98 Garfield County Designated Engineer Review of Second Traffic Study 99 Summary of Updated Traffic Impact Analysis Provided by Applicant 100 Updated Traffic Impact Analysis — Discussing Phased Access Permit 101 Public Comment — Frances Pearce, Received April 26, 2019 102 Public Comment — John Loomis, Received April 26, 2019 103 Record of BOCC Site Visit 104 Staff Memorandum 105 Applicant Proposed Updated PUD Conditions 106 Applicant Proposed Updated Preliminary Plan Conditions 107 Staff Updated PUD Conditions 108 Staff Updated Preliminary Plan Conditions 109 Updated Referral Comment Garfield County Designated Traffic Engineer Review of Updated Traffic Study — Received May 3, 2019 110 Updated CDOT Referral Comment, Received May 6, 2019 111 Steve Beattie presentation to the Board on May 6, 2019 112 Applicant's Estimate of Road Impact Fees 113 Community Development Policy 01-15 Grading Permits and Final Plat and Land Use Change Permits 114 Updated Applicant Proposed PUD Conditions 115 Updated Applicant Proposed Preliminary Plan Conditions 116 Updated Recommended Conditions of Approval — PUD 117 Updated Recommended Conditions of Approval — Preliminary Plan 118 Garfield County - Road and Bridge Review of CDOT Letter, Received May 13, 2019 119 Staff Memorandum to the BOCC for May 20th Hearing 120 Referral Response — Glenwood Springs Fire Department, Received May 13, 2019 May 6, 2019 COLORADO Department of Transportation Region 3 Traffic Section 222 South 6th Street Room 100 Grand Junction, Colorado 81501 (970) 683-6284 Fax: (970) 683-6290 «Email»> Garfield County Sheryl Bower Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Flying M Ranch Development on State Highway 82/County Road 154 Dear Mrs. Bower: I am responding to Flying M Traffic Analysis dated March 2019 by FHU for the intersection at CR 154 and Hwy 82. This isn't the first time CDOT has commented on this project. CDOT has provided comments on SPAA-08-18-8675, PUDA-08- 18-8676 on February 8, 2019. The applicant updated their traffic analysis and sent it to CDOT on March 26, 2019. CDOT responded by email on April 5, 2019 on updated traffic study. These correspondences have been included in the attachments in the letter. I want to clarify CDOT position on the Flying M Ranch development. The updated study states that the development will only increase the traffic by 18.5% based upon the current access permit (#316048). CDOT does agree that development traffic is only increased by 18.5% of the total CR 154 traffic. The State Highway Access Code states that an access permit is required when there is a major change in use. The Code defines this major change as a 20% change in use. Therefore, CDOT can't require a new access permit due to a major change in use. It is CDOT opinion, that Garfield County does have the right to ask the applicant to apply for an access permit through the Garfield County land -use process. CDOT recommends that the County should require Flying M Ranch to mitigate the additional left -turn storage needed at SH -82 & CR 154 for the traffic from their development. 222 South 6`h Street, Room 100, Grand Junction, CO 81501-2769 P 970.683.6284 F 970.683.6290 www.coloradodot.Info County needs to recognize that SH -82 is an expressway, so the thru traffic on SH - 82 will always get priority. This means that all side streets (including CR 154) should operate as efficiently as possible. The current configuration (-180-ft of dual left -turn lane storage) will not maximize the amount of green -time that can be dedicated to the CR 154. About 400 -ft of dual left -turn storage is needed to maximize the green -time. Having the extra dual left -turn storage will help the road users of CR 154 entering onto SH 82. If you have any additional questions, please let me know. Sincerely, - 64/496M Daniel Roussin CDOT Region 3 Access Manager Cc: Mark Bunnell, PE, R3 Traffic Resident Engineer (electronically) Rebecca Atkins, PE, R3 Access Engineer (electronically) Patrick Waller, Garfield County (electronically) Roger Neal, PE, High Country Engineering (electronically) Attachments Email dated February 8, 2019 — Dan Roussin to Patrick Waller Email dated March 26, 2019 — Roger Neal to Mark Bunnell Email dated April 5, 2019 — Mark Bunnell to Roger Neal 222 South 6th Street, Room 100, Grand Junction, CO 81501-2769 P 970.683.6284 F 970.683.6290 www.coloradodot.lnfo 5/6/2019 State.co.us Executive Branch Mail - Re: FW: Garfield County Referral Request SPAR -08-18-8675, PUDA-08-18-8676 STATE OF COLORADO Attachments Roussin - CDOT, Daniel <daniel.roussin@state.co.us> Re: FW: Garfield County Referral Request SPAA-08-18-8675, PUDA-08-18-8676 1 message Roussin • CDOT, Daniel <daniel.roussin@state.co.us> Fri, Feb 8, 2019 at 5:23 PM To: Patrick Waller <pwaller@garfield-county.com> Cc: "Bunnell - CDOT, Mark" <mark.bunnell@state.co.us>, Sheryl Bower <sbower@garfield-county.com>, Fred Jarman <fjarman@garfield-county.com> Patrick - Thank you for the opportunity to review the Garfield County Referral Request SPAA-08-18-8675, PUDA-08-18- 8676. It is also known Flying M Ranch development. CDOT has reviewed the traffic study by FHU dated October 2019 "Flying M Ranch". The study states in the conclusion that no permit is needed. However, CDOT believes an access permit is needed because the traffic study showed the queue results in Table 4 CR 154 should be widen for three northbound lanes for at least 400 -ft. This would provide sufficient storage for the left-tum/thru/ traffic such that right -turns would not be "stuck" in the left-tumfthru queue storage area. It is also recommended that this property provide connectivity for the properties to the north as shown in the 2012 ACP. I have attached the SH 82 ACP plan. It shows there should be connection for the properties to the west to CR 154 (Old SH 82). I believe this connectivity is an important part of the planning roadway network for this area. If you would like to discuss, please let me know. thanks Dan Dan Roussin Permit Unit Manager Traffic and Safety P 970.683.6284 I F 970.683.6290 222 South 6th Street, Room 100, Grand Junction, CO 81501 l�=iGMda-:i.tSuUii Siritu, ie.:i•. L.', I I i re, org to be the test DOT ROAD On Mon, Jan 28, 2019 at 8:17 AM Patrick Waller <pwalier@garfield-county.com> wrote: Thanks for the follow-up Dan. When do you think you all could have comments to us? Patrick Waller Senior Planner httpsJ/mail.google.com/mail/u/0?ik=e2f523b6c8&view=pt&search=all&permthid=thread-f%3A1621757831725502864%7Cmsg-a%3Ar-534448073639... 1/4 5/6/2019 STATE OF COLORADO State.co.us Executive Branch Mail - Flying M Ranch Roussin - CDOT, Daniel <daniel.roussin@state.co.us> Flying M Ranch 1 message Roger Neal <meal@hceng.com> Tue, Mar 26, 2019 at 7:13 AM To: "Bunnell - CDOT, Mark (mark.bunnell@state.co.us)" <mark.bunnell@state.co.us> Cc: Robert Macgregor <rmac@dunrene.com>, "Douglas Pratte (landstudio2@comcast.net)" <landstudio2@comcast.net>, "Chad Lee (clee@balcombgreen.com)" <clee@balcombgreen.com>, "Roussin - CDOT, Daniel" <daniel.roussin@state.co.us>, Patrick Waller <pwaller@garfield-county.com>, "Philip.Dunham <philip.dunham@fhueng.com> (philip.dunham@fhueng.com)" <philip.dunham@fhueng.com> Mark, Thanks for meeting with us today and discussing the intersection at CR 154 and Hwy 82. We appreciate the opportunity to discuss CDOT's concerns and hope that with the proposed reductions we have an acceptable path forward that will work with CDOT, Garfield County and the proposed development. I have attached the pdf copy of the report we gave to you onsite and discussed with you. We have made some significant reductions to the traffic volumes for the development. At the high end of daily trips we have reduced the daily trips from 1967 daily trips to 1657 daily trips. We have also committed to reduce the am and pm peak hour trips to no more than 139. We will be requiring a traffic evaluation at each Final Plat submitted to the County that will verify the traffic stays within these limits. We are locked into the County road impact fees and will be paying those fees as each phase develops. Currently the first phase includes 36 eco -efficiency homes and a Hospice facility. The other phases are currently unknown and will develop as the market dictates within the bounds of the PUD guide. Currently we have committed to the addition of a pedestrian signal iocated at the Rio Grande trail crossing, and would propose to add appropriate signage for no right turns onto Hwy 82 from CR154. We would also consider re -striping the lanes to maximize the left tum movements. We are currently preparing for the County Commissioners hearing and if possible we would like to have any response comments back to us prior to our April 8th County Commissioner hearing to be able to provide feedback at this hearing. If you have any questions or need further information, please feel free to give us a call. Roger Neal Roger D. Neal, P.E. httpsJ/mail.google.com/mailIu/0?ik=e2f523b6c8&view=pt&search=all&permthid=thread-f%3A1629073979526507728%"7Cmsg-f%3A16290739795265... 1/4 5/6/2019 STATE OF COLORADO Re: Flying M Ranch 1 message State.co.us Executive Branch Mail - Re: Flying M Ranch Roussin - CDOT, Daniel <daniel.roussin@state.co.us> Bunnell - CDOT, Mark <mark.bunnell@state.co.us> Fri, Apr 5, 2019 at 10:01 AM To: Roger Neal <rneal@hceng.com> Cc: Robert Macgregor <rmac@dunrene.com>, "Douglas Pratte (Iandstudio2@comcast.net)" <landstudio2@comcast.net>, "Chad Lee (clee@balcombgreen.com)" <clee@balcombgreen.com>, "Roussin - CDOT, Daniel" <daniel.roussin@state.co.us>, Patrick Waller <pwaller@garfield-county.com>, "Philip.Dunham <philip.dunham@fhueng.com> (philip.dunham@fhueng.com)" <philip.dunham@fhueng.com> Roger, I reviewed the revised Traffic Impact Assessment dated March 2019; below are some initial comments. I may have more comments later when the Study is resubmitted to address these comments. * The background traffic needs to include the full build -out of the existing school; as I understand, the school is only operating at —70% capacity right now. * The project needs to mitigate the impact of the traffic that it will add to the SH -82 and CR 154 intersection. At a minimum, the project will need to increase the dual left -tum storage capacity at the intersection to accommodate the project traffic. The TIS does not include the queuing results for the Long -Term Background condition, so I can't determine the queuing difference between the Background condition and the Total condition. * The current traffic analysis shows the queue extending back almost to the Rio Grande Trail crossing. Once the build -out of the existing school is accounted for, the forecasted queue will most likely extend beyond the Trail crossing. As we discussed in the field, if the County is committed to realigning CR 154 and grade -separating the Rio Grande Trail, then it may not make sense for the developer to spend money increasing the queue storage on CR 154. CDOT, the County, and the Developer should discuss this in more detail to determine how likely the County is to realign CR 154, and how the developer could contribute to that in lieu of extending the dual left -tum lanes. * It is CDOTs opinion that the operational issues (i.e. long delays and queuing) will cause safety issues; therefore, a new access permit will be required for this project. * I want reiterate that CDOT supports providing a roadway thru this property to connect the property to the north to CR 154. Thanks, Mark Bunnell, PE, PTOE Resident Engineer Region 3 Traffic and Safety COLORADO Department of Transportation Division of Engineering. Design and Construction P 970.683.6276 1 C 970.640.2677 222 6th Street, Room 100 Grand Junction, CO 81501 mark.bunnell@state.co.us 1 www.codot.gov 1 www.cotrip.org On Tue, Mar 26, 2019 at 7:13 AM Roger Neal <rneal@hceng.com> wrote: Mark, Thanks for meeting with us today and discussing the intersection at CR 154 and Hwy 82. https //mail.google.com/maiUu/0?ik=e2f523b6c88,view=pt&search=all&permthid=thread-f%"3A1629073979526507728%7Cmsg4%3A16299905436050... 1/4 EXHIBIT EXCERPTS FROM GARFIELD COUNTY LUDC Rural Zone District 3-101. ESTABLISHMENT OF ZONE DISTRICTS. The following zone districts are established. A. Rural (R). The Rural Zone District is comprised of the County's rural residential areas, agricultural resource lands, agricultural production areas, and natural resource areas. Uses, densities, and standards established for this zone district are intended to protect the existing character of the area from uncontrolled and unmitigated residential. commercial, and industrial use. The zone district provides for the use of natural resources, recreational development, rural residential, and other uses. Requirement for Land Use Changes 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. 7-103. COMPATIBILITY. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. Flying M Ranch Development Summary The developer of Flying M Ranch has filed a major subdivision application and a planned unit development (PUD) application. The proposal is to subdivide the approximately 33 acres into 13 Tots via the subdivision process. The PUD will then create five zone districts, and within each zone district various use will be permitted. Zone District 1— Business Park • Lots Al, A2, A3, A4 totaling approximately 4.28 acres • Overview of Permitted Use: 35,000 square feet of business park and 4 business park residential dwelling units • Specific Permitted Uses: Veterinary clinic, kennel, riding stable, vehicle and equipment repair business, storage facility, mini storage facility, professional office, retail/wholesale business, service business, fabrication business, eating or drinking establishment, Laundromat, car wash, parking lot or parking garage, park and ride, recycling collection center, bus stop, business park residential dwelling unit, and accessory uses that are associated with and supportive, secondary, and subordinate to the permitted uses in Zone District 1. • Maximum Building Height: 35 feet Zone District 2 - Residential • Lots B, C1, C2, and C3 totaling approximately 12.18 acres • Overview of Permitted Use: 96 dwelling units and 1,800 square foot community center or accessory use. • Specific Permitted Uses: Single family dwelling unit, attached dwelling unit, multi -unit dwelling unit, eco efficiency home (eco home), cohousing unit, residential rental unit, home office/business, outdoor recreation, neighborhood community center, community gardens, bus stop, and accessory uses. • Maximum Building Height: o 35 feet for single family dwelling unit, attached dwelling unit, multi -unit dwelling unit, cohousing unit, home office/business, neighborhood community center o 25 feet for eco efficiency homes (eco homes) Zone District 3 — Community Service Facility or Residential • Lots D, E, and F totaling approximately 11.77 acres • Overview of Permitted Use: Permitted Use: 120,000 square feet of community service facility or 128 dwelling units. A proportional mix of community service facility to residential use is permitted at a ratio of 937.5 square feet of community service facility to 1 dwelling unit • Specific Permitted Uses: o Community Service Facility: Hospice facility, assisted living facility, educational facility, adult day care facility, child care center, outdoor recreational facilities, trails, outdoor recreation, community garden, community gatherings, special events lasting less than 3 days, ancillary shipping and receiving, and bus stop o Residential: Single family dwelling unit, attached dwelling unit, multi -unit dwelling unit, eco efficiency home (eco home), cohousing unit, residential rental unit, home Page 1 of 2 office/business, outdoor recreation, neighborhood community center, community gardens, bus stop, and accessory uses. • Maximum Building Height: o 42 feet for community service facility o 35 feet for single family dwelling unit, attached dwelling unit, multi -unit dwelling unit, cohousing unit, home office/business, neighborhood community center o 25 feet for eco efficiency homes (eco homes) Zone District 4 — Hillside Open Space • Lot G totaling about 3.28 acres • Specific Permitted Uses: Trails, wildlife friendly fencing, landscape and irrigation Zone District 5 — Access/Utilities/Parking • Specific Permitted Uses: Motor vehicle roads, driveways, trails, motor vehicle parking, bicycle parking, underground utilities, landscape, irrigation, and bus stop Page 2 of 2 Flying M Proposal - Area Properties Densities and Heights WESTBANK RANCH 192 Acres Single Family Residential/ADU 142 Permitted Use Single Family Residential Units Max Height 100 Units Per Acre 0.70 Max Height 25 WESTBANK MESA 192 Acres Single Family Residential/ADU 281 Permitted Use Single Family Residential Units Max Height 63 Units Per Acre 0.22 Max Height 25 PREHM RANCH Acres 192 Permitted Use Single Family Residential/ADU Units 16 Units Per Acre 0.08 Max Height 25 JACKSON FAMILY RANCH Acres 137 Permitted Use Residential /Agricultural Units 3 Units Per Acre 0.02 COMBINED SURROUNDING AREAS Acres 816 Permitted Use Residential /Agricultural Units 182 Units Per Acre 0.22 Max Height 25 ** FLYING M Acres Permitted Use 33.9 Multiple Units 228 Units Per Acre 6.73 Max Height 25/35/42 Zone 2 Acres 12.1 Permitted Use Residential/Community Center Units 96 Units Per Acre 7.93 Max Height 25-35 Zone 3 Acres 11.7 Permitted Use Community Service Facility or Residential Units 128 Units Per Acre 10.94 Max Height 25/35/42 Zone 2 and 3 Combined Acres 23.8 Permitted Use Residential Units 224 Units Per Acre 9.41 Max Height 25/35/42 * Not including additional open space of Ironbridge Golf Course ** Potential number at full buildout, 8 residences and 8 ADUs *** Not accounting for part of property in River, and required River setback Flying M Proposal - Area Properties City of Glenwood Springs Boundaries 4/6/2019, 4:40:47 PM i_ _ —I City of Glenwood Springs Boundary Zone Districts M1 - Mixed Use Corridor (formerly C/1) - CO - Commercial (formerly C/3) RE - Resort (formerly C/4) HP - Hillside Preservation 11 - Light Industrial (formerly I/L) 0 1:48,215 0.3 0.6 1 1 1 ti 1.2 mi I 0 0.5 1 2 km Source: Esti, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Person who executes printing City of Glenwood Springs is the owner of the data in the layer list ( \ r A e, Flying M Ranch Major Subdivision Sketch Plan Application December 21, 2017 42 Patrick Waller From: landstudio2@comcast.net Sent: Wednesday, March 20, 2019 7:51 PM To: Sheryl Bower Cc: Patrick Waller; Robert Macgregor; Roger Neal; Chad J. Lee Subject: Road Impact Fees Estimate Sheryl, Below is an analysis of potential Road Impact Fees for the Flying M Ranch PUD. There is some variation based on the land use flexibility that we are trying to provide within the PUD. Based on the calculation below for two different scenarios, the Road Impact Fees are upwards of $400K. Hope this helps! Doug Scenario 1 Business Park Industrial (12.5K SF) $7,050 Business Park Office (12.5K SF) $20, 375 Business Park Residential (4 1,000 SF Units) $5,896 Eco Homes (36 800 SF Units) $26,136 Loft Condos (60 1,800 SF Units) $119,280 Community Service Facility (120K SF Institutional)$180,600 Patio Homes (28 1,800 SF units) $55,664 Total $415,001 Scenario 2 Business Park Industrial (12.5K SF) $7,050 Business Park Office (12.5K SF) $20, 375 Business Park Residential (4 1,000 SF Units) $5,896 Eco Homes (36 800 SF Units) $26,136 Loft Condos (60 1,800 SF Units) $119,280 Multi Family Residential (100 1,800 SF Units) $198,800 Patio Homes (28 1,800 SF units) $55,664 Total $433,201 Douglas Pratte, ASLA The Land Studio, Inc. 365 River Bend Way Glenwood Springs, Colorado 81601 (970) 927-3690 Office (970) 948-6033 Mobile (970) 230-9087 Fax landstudio2(a)comcast.net 1 South and North benefit area Road Impact fees Development type square feet Fee East benefit area Residential (Per dwelling by square feet of finished floor areas) Resident al 900 or less 901 to 1.400 1,401 to 1.900 1.901 to 2.400 2.401 and greater 5726 51.474 51.988 52.385 52.703 5486 5986 51.332 51.598 51.811 Non-residential (per 1,000 square feet of floor area) Industrial Commercial Institutional Office & other services per 1,000 sq. ft. per 1,000 sq. ft. per 1,000 sq. ft. per 1,000 sq. ft. 5564 53.766 51.505 5379 S2.523 51.008 51.630 51.092 EXHIBIT Policy 01-15 Grading Permits and Final Plats/Land Use Change Permits October 20, 2015 In the case of a land use change permit or a final plat, an additional discrete permit for grading is not necessary. The information contained in the preliminary plan/final plat is comprehensive and includes grading, drainage and erosion control, etc. This set of information, as submitted with a land use review, is much more robust than what is required with a grading permit; a permit which does not include review of drainage issues. Therefore, the approval of a final plat or land use change permit and the submittal of financial security as may be required, allows the applicant to move forward with the plans as submitted through that review without submitting for and receiving a separate grading permit. Only in the rare case where the Director approves a project to move forward with grading prior to the issuance of final plat or land use change permit, a grading permit with appropriate financial security would be issued. Patrick Waller From: landstudio2@comcast.net Sent: Friday, May 10, 2019 12:35 PM To: Patrick Waller Cc: Chad J. Lee; Roger Neal; Robert Macgregor Subject: [External] Re: COA Changes Attachments: FLYING M RANCH PREL PLAN SUGGESTED CONDITIONS OF APPROVAL 5-10-19.docx; FLYING M RANCH PUD SUGGESTED CONDITIONS OF APPROVAL 5-10-19.docx EXHIBIT [Lc Patrick, I have made changes to the Flying M Recommended COA per the following. The MS Word documents are attached. Please call this afternoon to discuss as needed. Changes to Flying M Preliminary Plan COA: 40) The upper access shall be required to be gated for emergency access to the satisfaction of the Glenwood Springs Fire Department and County Road and Bridge. The road shall be constructed to the standards and in the location as indicated in the initial application excepting the requirement for an asphalt road with curb and gutter. A gravel class 6 roadbed will be constructed in lieu of the asphalt road with curb and gutter. A driveway permit shall be required. Once Parcels B, Cl, C2, C3, D, and E, are built -out, and/or at the discretion of the Community Development Director, the traffic impact of the development shall be re-evaluated by Garfield County and the access may be opened to use by the public. Changes to Flying M PUD COA: 3. No development specifically related to the PUD shall be permitted unless the subject parcel has received Final Plat approval excepting that earthmoving for Parcel B may commence prior to Final Plat approval. Douglas Pratte, ASLA The Land Studio, Inc. 365 River Bend Way Glenwood Springs, Colorado 81601 (970) 927-3690 Office (970) 948-6033 Mobile (970) 230-9087 Fax landstudio2(a�comcast.net On May 10, 2019, at 7:49 AM, Patrick Waller <pwaller@garfield-county.com> wrote: Hi Doug and Chad, Would you all mind sending over any proposed changes that you have by the end of the day? That way I can make sure they are in the packet moving forward to the Board. Thanks and let me know if you have any questions, Patrick Waller t Board of County Commissioners — May 20, 2019 Flying M Ranch- PUD FLYING M RANCH PUD SUGGESTED CONDITIONS OF APPROVAL 1. All representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 2. The development of subject parcels shall comply with all applicable Local, State, and Federal rules and regulations and all necessary permits shall be obtained. 3. No development specifically related to the PUD shall be permitted unless the subject parcel has received Final Plat approval excepting that earthmoving for Parcel B may commence prior to Final Plat approval. Conditions Prior to BOCC Signature of the PUD 4. Prior to the BOCC signature on the PUD Map, the applicant shall complete an Amended Final Plat and Boundary Line Adjustment with the Roaring Fork School District property to reflect the boundaries of the property as submitted for this application. An Amended Final Plat shall also be completed to locate the easement for the river access trail entirely on the Applicant's property as referenced in the Preliminary Plan approvals. 5. Prior to the BOCC signature on the PUD Map, the applicant shall update the PUD Guide to reflect the following comments: a. Parking Standards for Eco Efficiency Home Units, Multi -Unit Dwelling Units, and Attached Dwelling Units shall include, in addition to two spaces per unit, one guest space for every three units at a minimum. 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. b. The Building Height of Single -Family Dwelling Units shall be decreased to 25 feet. c. Definitions shall be included for service business, retail/wholesale business, veterinary clinic, and community gardens. The new definitions shall be acceptable to Garfield County Community Development. d. The Building Height shall be reduced to 30' for Parcels D, E, and F. The PUD Guide shall also reflect that this 30' building height limit must consist of no more than 2 stories of floor area above existing grade. Additional floor area beyond the 2 stories above existing grade will be allowed below the elevation of existing grade. e. The Flying M Ranch Design Guidelines shall be updated to require low berms or walls with vegetation to be used for the screening of car headlights from parking areas on Parcels D, E, and F that may be visible from neighboring properties. f. The Eco Efficiency Home definition shall be updated to reflect that it is considered a dwelling unit. g. The Kennel use shall be required to comply with Garfield County Land Use and Development Code Standards specifically related to kennels. h. The maximum Peak Hour Vehicles allowed from the site (139 AM Peak Hour Vehicle Trips and 139 PM Peak Hour Vehicle Trips) shall be included in the PUD guide. i. Minimum Traffic generation numbers shall be assigned to each parcel in the PUD guide. j. Traffic reports shall be provided prior to each Building Permit indicating the total Peak Hour Vehicles generated by that phase, the total Peak Hour Vehicles generated from the development to that date, and the remaining non -allocated trips. No development shall be authorized that exceeds the maximum Peak Hour Vehicles or leaves a parcel with less than the allocated traffic minimum. 1 Board of County Commissioners — May 20, 2019 Flying M Ranch- PUD k. Bike parking acceptable to the Community Development Department shall be required for uses in the Business Park Zone District.Units shall be located to anticipate future Subdivision with regards to dimensional requirements for that particular unit type. I. Building height in the Community Service Facility Zone District shall be limited to 35 feet. m. The minimum lot size shall be 700 square feet for the Eco -Efficiency Homes. n. More than one residential unit may be permitted on a parcel, provided that all dimensional requirements allowing for future subdivision are adhered to. 6. The PUD Map shall be updated to change the parcel designated as Open Space to Zone District 4, Hillside Open Space. 7. Prior to the BOCC signature on the PUD Map, the applicant shall update the covenants to provide an internal enforcement and complaint handling process exclusive of Garfield County for the Residential Rental Unit use. The updated language will be reviewed and accepted by the Community Development Department. 8. The applicant shall supply a PUD Map acceptable to the Community Development Department prior to the BOCC signature on the Map. The PUD Map shall be evaluated by the Community Development Department for conformance with Land Use and Development Code requirements. 9. Prior to the BOCC signature on the PUD Map, a Development Agreement shall be signed by the BOCC and the Applicant that memorializes the phasing of the project. a. The applicant shall update the development agreement to reflect the 10 -year build out that was identified in the phasing letter. 2 Patrick Waller From: landstudio2@comcast.net Sent: Friday, May 10, 2019 12:35 PM To: Patrick Waller Cc: Chad J. Lee; Roger Neal; Robert Macgregor Subject: [External] Re: COA Changes Attachments: FLYING M RANCH PREL PLAN SUGGESTED CONDITIONS OF APPROVAL 5-10-19.docx; FLYING M RANCH PUD SUGGESTED CONDITIONS OF APPROVAL 5-10-19.docx EXHIBIT Patrick, I have made changes to the Flying M Recommended COA per the following. The MS Word documents are attached. Please call this afternoon to discuss as needed. Changes to Flying M Preliminary Plan COA: 40) The upper access shall be required to be gated for emergency access to the satisfaction of the Glenwood Springs Fire Department and County Road and Bridge. The road shall be constructed to the standards and in the location as indicated in the initial application excepting the requirement for an asphalt road with curb and gutter. A gravel class 6 roadbed will be constructed in lieu of the asphalt road with curb and gutter. A driveway permit shall be required. Once Parcels B, Cl, C2, C3, D, and E, are built -out, and/or at the discretion of the Community Development Director, the traffic impact of the development shall be re-evaluated by Garfield County and the access may be opened to use by the public. Changes to Flying M PUD COA: 3. No development specifically related to the PUD shall be permitted unless the subject parcel has received Final Plat approval excepting that earthmoving for Parcel B may commence prior to Final Plat approval. Douglas Pratte, ASLA The Land Studio, Inc. 365 River Bend Way Glenwood Springs, Colorado 81601 (970) 927-3690 Office (970) 948-6033 Mobile (970) 230-9087 Fax landstudio2@,comcast.net On May 10, 2019, at 7:49 AM, Patrick Waller <pwallerAgarfield-county.com> wrote: Hi Doug and Chad, Would you all mind sending over any proposed changes that you have by the end of the day? That way I can make sure they are in the packet moving forward to the Board. Thanks and let me know if you have any questions, Patrick Waller 1 Board of County Commissioners - May 20, 2019 Flying M Ranch — Preliminary Plan FLYING M RANCH PRELIMINARY PLAN SUGGESTED CONDITIONS OF APPROVAL 1) All representations of the Applicant, either in testimony or through submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 2) The development of subject parcels shall comply with all applicable Local, State, and Federal rules and regulations and all necessary permits shall be obtained. Conditions Prior to Final Plat Approval: Transportation: 3) Prior to approval of the first Final Plat, the applicant shall provide a demonstration that an easement has been granted through the Roaring Fork School District property for the emergency access loop. 4) Prior to approval of the first Final Plat, the applicant shall provide a demonstration that an easement has been granted through the Roaring Fork School District property to connect the Rio Grande trail to the proposed river trail. a) Applicant's proposed river trail improvements for Phase I, including the path along the Roaring Fork River from Parcel B to halfway across Parcel D, shall be installed as part of the first Final Plat and may be secured by the Subdivision Improvements Agreement. Future trail extensions, including through Parcels E and F shall occur as such parcels are final platted. The connection to the RFTA trail shall be completed as part of the Final Plat of Parcel F. 5) Prior to approval of the Second Phase of the Final Plat, the applicant shall apply for and receive a CDOT access permit, if necessary, be granted a Notice to Proceed for any improvements that are required, if necessary, and provide a demonstration that the improvements have been accepted by CDOT. 6) Applicant, Eastbank, LLC shall work in good faith with the Roaring Fork RE -1 School District to attempt to obtain an easement through the Roaring Fork School District property along the emergency access road in anticipation of the development of an access road from the properties to the north, but securing such easement shall not be necessary for approval. a) If the easement is obtained, the applicant shall also be required to provide an access easement from the boundary of Parcel F to the northern parcel access easement referenced in Condition 6. This easement shall be acceptable to Garfield County Community Development, the County Attorney's Office and the Garfield County designated engineer. 7) Prior to approval of the first Final Plat, the applicant shall update preliminary PUD documents to commit and show a sidewalk of a minimum of four feet in width for Parcels/Lots B, C1, C2, C3, D, E, and F. Sidewalks shall be required on both sides of the roads for Parcels/Lots B, C1, C2, C3, D, E, and F when there is PUD development on both sides. Sidewalks shall be built at the time of Final Plat for each parcel. The sidewalks shall not be maintained by the County. No sidewalks are required along Flying M Ranch Road from the School entrance 1 Board of County Commissioners - May 20, 2019 Flying M Ranch — Preliminary Plan drive to CR154, the Upper Access Road from the Lower Access intersection up to CR 154, or on the PUD side of County Road 154. a) Prior to approval of the first Final Plat, the applicant shall provide a sidewalk maintenance agreement and a trail maintenance agreement acceptable to Community Development and the County Attorney's Office. 8) Prior to approval of the first Final Plat, the applicant shall update engineering documents to show a soft trail a minimum of four feet in width where the River Trail is proposed for Parcels B, C1, C2, C3, D, E, and F, and provide a trail maintenance agreement acceptable to Community Development and the County Attorney's Office. 9) Prior to approval of the first Final Plat or as secured by the initial Subdivision Improvements Agreement, the applicant shall install additional signage and push-button flashing pedestrian signs for trail users on either side of the Rio Grande trail crossing of County Road 154. This work shall be completed in conjunction with RFTA and Garfield County Road and Bridge. A demonstration of conformance with this condition shall be provided by RFTA and the Garfield County Road and Bridge Department. 10) Prior to the approval of the first Final Plat, for the roadways identified by the Garfield County designated engineer, the applicant shall either submit a Waiver Request for article 7-107 Roadway Standards, or update the engineering documents to demonstrate that the roadway meets those standards. This condition shall be reviewed and accepted by the Garfield County designated engineer. 11) Prior to the approval of the first Final Plat, the applicant shall assign traffic generation minimums to all parcels in the proposed development in the form of Peak Hour Vehicles. The traffic generation minimums shall be reviewed and approved by the Community Development Department and the County Referral Engineer. Documentation of the traffic generation minimums shall be included in the PUD guide.. Utilities and Engineering: 12) Prior to approval of the first Final Plat, the applicant shall update the notes on engineering documents to reflect the most up-to-date studies. 13) Prior to approval of the first Final Plat, the applicant shall update engineering documents to show that there will be no excavation below current existing grade in the River Trail easement on Parcels D, E, and F. 14) Prior to approval of the first Final Plat, the applicant shall update the engineering documents as required by the Roaring Fork Water and Sanitation District. Compliance with this condition shall be reviewed and accepted by the Roaring Fork Water and Sanitation District Engineer. A demonstration of compliance with this condition shall be provided by the Roaring Fork Water and Sanitation District. a) All Final Plats will be referred to the Roaring Fork Water and Sanitation District (RFWSD) and the applicant shall be required to comply with the District's regulations. The applicant shall supply all easements required by the RFWSD on all Final Plats. 15) Prior to approval of the first Final Plat, the applicant shall update engineering documents and/or provide other evidence to address the Garfield County designated engineer's 2 Board of County Commissioners - May 20, 2019 Flying M Ranch — Preliminary Plan comments, dated January 25, 2019 as provided in Exhibit 15 of this Staff Report. Demonstration of compliance with this condition shall be reviewed and accepted by Garfield County Community Development. 16) Prior to approval of the first Final Plat, the applicant shall update engineering documents to show an additional fire hydrant as requested by the Glenwood Springs Fire Department. A demonstration of compliance with this condition shall be provided by the Glenwood Springs Fire Department. 17) Prior to approval of the Final Plat, the applicant shall provide a statement from a professional engineer, indicating whether or not drainage easements are needed on the subject properties. If needed, the easements shall be included on any Final Plat. 18) Prior to approval of the Final Plat, the Improvements Agreement shall be updated to include the requirement that the Roaring Fork Water and Sanitation District Engineer shall review and approve the following: a) Security amounts b) Partial releases of security c) Final releases of security 19) Prior to approval of the Final Plat, the applicant shall provide a demonstration that the existing structure on proposed Lot A4 meets setback requirements, relocate the structure, or alter the lot lines to show the structure is compliant. Amended Final Plat and PUD Guide Requirements: 20) Prior to approval of the first Final Plat, the applicant shall complete an Amended Final Plat and Boundary Line Adjustment with the Roaring Fork School District property to reflect the boundaries of the property as submitted for this application. 21) Prior to the approval of the first Final Plat, the PUD Guide and Map shall be approved and recorded. 22) Prior to the approval of the first Final Plat, the applicant shall complete an Amended Final Plat with the property to the southwest to ensure the easement access to the river is located entirely on the Preliminary Plan property. Additionally, the applicant shall provide a demonstration that the proposed easement extends to the Typical and Ordinary High Water Mark of the Roaring Fork River. Wetlands and Waterbodies: 23) Prior to approval of the first Final Plat, the applicant shall complete wetlands analysis if required by the United States Army Corps of Engineers. If wetlands are found, the applicant shall supply a plan to be reviewed and accepted by Garfield County and the Army Corps of Engineers to ensure compliance with required regulations. 24) Prior to approval of the first Final Plat, the applicant shall provide a public river access easement for the portion of the property that borders the Roaring Fork River. 25) Prior to approval of the Final Plat, the applicant shall address potential floodplain issues on the property through a Letter of Map Revision, a Letter of Map Amendment, and/or a County Floodplain Permit. Compliance with this condition shall be reviewed and accepted by the 3 Board of County Commissioners - May 20, 2019 Flying M Ranch — Preliminary Plan Garfield County floodplain manager. A floodplain development permit may be required for the river trail pending further information submitted to the Floodplain Manager. 26) Prior to approval of the first Final Plat, the applicant shall provide additional information acceptable to the Community Development Department indicating mitigation measures for the sections of the river trail located within the required 35' waterbody setback. The applicant should avoid development of the trail in the waterbody setback to the maximum extent practicable, shall work with CPW on the trail design, and work to actively enhance riparian vegetation. Possible mitigation options could include, but are not limited to decreased width of sidewalk, lack of disturbance of riparian vegetation, addition of appropriate riparian vegetation, and/or use of a permeable material for the trail. Vegetation Management: 27) Prior to the approval of the first Final Plat, the applicant shall supply a management plan for Russian Olives on the site that is acceptable to the Garfield County Vegetation Management Department. 28) Prior to approval of the first Final Plat, the applicant shall supply Garfield County Vegetation Management with a calculation of the surface area of disturbance that will need to be reseeded on the property. Vegetation Management will then determine if a revegetation security is necessary. If determined necessary the security will be required prior to the Final Plat. 29) Prior to approval of the first Final Plat, the applicant shall supply Garfield County Community Development with a completed Development Agreement for the project as a whole and an Improvements Agreement for the particular proposed phase. These items shall be reviewed and approved by the Board of County Commissioners. School Land Dedication 30) Prior to approval of the first Final Plat, the applicant shall either execute an agreement acceptable to the Board of County Commissioners and the County Attorney's Office, with support from the RE -1 School District, that outlines the proposed School Impact Fee plan, or the applicant shall pay school impact fees as required in the Land Use and Development Code. Covenants 31) Prior to approval of the first Final Plat, the applicant shall update the Covenants for the property to demonstrate compliance with Article 7-401 of the Land Use and Development Code regarding Domestic Animal Control. 32) Final Plat Requirements: a) A plat note shall be included on all final plats that indicates: "A site specific geotechnical study shall be required prior to the issuance of any Building Permit. Development shall follow the recommendations in that report." b) Plat Notes A, B, C, D, E, F, I, and L as described in the County Resource Guide shall be included on Final Plats c) All final plats shall include required drainage easements. d) The applicant shall include the following plat note on any Final Plat: "The property is underlain by Eagle Valley Evaporite, and numerous sinkholes and soil -collapse 4 Board of County Commissioners - May 20, 2019 Flying M Ranch — Preliminary Plan occurrences have been identified within several thousand feet of the site. Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are a serious concern in the Eagle Valley Evaporite. Infrequent sinkhole formation is still an active geologic process in the Roaring Fork Valley, and ground subsidence related to the dissolution of evaporate bedrock is an unpredictable risk that should not be ignored." e) The applicant shall include the following plat note on any Final Plat: "Prior to the issuance of a building permit, if required by the Glenwood Springs Fire Department, the applicant shall supply an engineered fire truck turn -around for that parcel acceptable to the Fire Department. f) The applicant shall include the following plat note on any Final Plat: At the time of Development of Parcel F, the emergency access loop shall be completed. g) The applicant shall include the following plat note on any Final Plat: "Traffic generation requirements are outlined in the PUD Guide" h) The applicant shall include the following plat note on any Final Plat: An engineered, site specific, grading and drainage plan shall be required for each parcel, prior to the issuance of a Building Permit. i) The River trail easement shall be clearly dedicated to the public on any Final Plat. j) The applicant shall include a plat note indicating that the project is located near the Glenwood Springs Airport. Other Conditions: 33) The applicant shall comply with Colorado Parks and Wildlife Referral Comments as indicated below: a) Fencing on the property should be limited to only what is necessary, while leaving movement corridors between building clusters. Any perimeter fencing should follow CPW Wildlife Friendly fencing standards. b) Bear conflicts have occurred in the Westbank neighborhood across the river. It is required that facilities use locking bear -proof garbage containers or use a centralized trash collection area that is secured. 34) Development of the site shall be consistent with the requirements detailed in the H -P Kumar Preliminary Geotechnical Study, or as that study is updated. 35) Existing development on lots A2 and A4 shall be connected to Central Services as part of the Final Plat process for those lots. 36) Prior to the issuance of a Building Permit, compliance with requirements of the Land Use and Development Code, including but not limited to building height, setbacks, lot coverage, and floor area ratio, vehicular and pedestrian circulation, and snow storage requirements shall be verified. 37) Roof Materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. 38) Any fire truck turn around shall be kept clear as required by the Glenwood Springs Fire Department, including but not limited to clear from parking and snow storage. Additional signage may be required by the Fire Department to meet this condition. 5 Board of County Commissioners - May 20, 2019 Flying M Ranch — Preliminary Plan 39) If the access from the northern parcels is built, the applicant shall be required to connect to that access road by upgrading the emergency access to meet Garfield County Roadway Standards. Once developed the road shall be available for use by the public. 40) The upper access shall be required to be gated for emergency access to the satisfaction of the Glenwood Springs Fire Department and County Road and Bridge. The road shall be constructed to the standards and in the location as indicated in the initial application excepting the requirement for an asphalt road with curb and gutter. A gravel class 6 roadbed will be constructed in lieu of the asphalt road with curb and gutter. A driveway permit shall be required. Once Parcels B, C1, C2, C3, D, and E, are built -out, and/or at the discretion of the Community Development Director, the traffic impact of the development shall be re-evaluated by Garfield County and the access may be opened to use by the public. 41) As part of the Final Plat process for parcels C1, C2, and/or C3, (whichever is platted first) the applicant shall install a flashing pedestrian beacon on either side of the cross walk at Flying M Ranch Road and the school access road as indicated in the provided engineering documents. 42) The applicant shall be required to meet the requirements of all utility providers for the project. All easements as required shall be included on all Final Plats. 43) The applicant shall supply records to the Community Development Department indicating that weed management work has been completed as required by the Garfield County Vegetation Manager. 44) Development of the parcel shall comply with Colorado Geological Survey referral comments including requirements for uncontrolled fill and subsidence hazards. 6 Board of County Commissioners — FI Updated Recommended Conditions of Approval for PUD This includes Staff's recommended changes to certain conditions, as well as Applicant proposed changes that are not an issue for Staff. EXHIBIT )Ib 1. All representations of the Applicant, either in testimony or the submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners. 2. The development of subject parcels shall comply with all applicable Local, State, and Federal rules and regulations and all necessary permits shall be obtained. 3. No development specifically related to the PUD shall be permitted unless the subject parcel has received Final Plat approval. Conditions Prior to BOCC Signature of the PUD 4. Prior to the BOCC signature on the PUD Map, the applicant shall complete an Amended Final Plat and Boundary Line Adjustment with the Roaring Fork School District property to reflect the boundaries of the property as submitted for this application. An Amended Final Plat shall also be completed to locate the easement for the river access trail entirely on the Applicant's property as referenced in the Preliminary Plan approvals. 5. Prior to the BOCC signature on the PUD Map, the applicant shall update the PUD Guide to reflect the following comments: a. Parking Standards for Eco Efficiency Home Units, Multi -Unit Dwelling Units, and Attached Dwelling Units shall include, in addition to two spaces per unit, one guest space for every three units at a minimum. 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. b. The Building Height of Single -Family Dwelling Units shall be decreased to 25 feet. c. Definitions shall be included for service business, retail/wholesale business, veterinary clinic, and community gardens. The new definitions shall be acceptable to Garfield County Community Development. d. The Building Height shall be reduced to 30' for Parcels D, E, and F. The PUD Guide shall also reflect that this 30' building height limit must consist of no more than 2 stories of floor area above existing grade. Additional floor area beyond the 2 stories above existing grade will be allowed below the elevation of existing grade. e. The Flying M Ranch Design Guidelines shall be updated to require low berms or walls with vegetation to be used for the screening of car headlights from parking areas on Parcels D, E, and F that may be visible from neighboring properties. f. The Eco Efficiency Home definition shall be updated to reflect that it is considered a dwelling unit. g. The Kennel use shall be required to comply with Garfield County Land Use and Development Code Standards specifically related to kennels. h. The maximum Peak Hour Vehicles allowed from the site (139 AM Peak Hour Vehicle Trips and 139 PM Peak Hour Vehicle Trips) shall be included in the PUD guide. i. Minimum Traffic generation numbers shall be assigned to each parcel in the PUD guide. Board of County Commissioners — May 20, 2019 Flying M - PUD j. Traffic reports shall be provided prior to each Building Permit indicating the total Peak Hour Vehicles generated by that phase, the total Peak Hour Vehicles actually generated from the development to that date, and the remaining non -allocated trips. No development shall be authorized that exceeds the maximum Peak Hour Vehicles or leaves a parcel with less than the allocated traffic minimum. k. Bike parking acceptable to the Community Development Department shall be required for uses in the Business Park Zone District. I. Units shall be located to anticipate future Subdivision with regards to dimensional requirements for that particular unit type. lice Facility Zone District shall be limited to 35 feet. n. The minimum lot size shall be 700 square feet for the Eco -Efficiency Homes. o. More than one residential unit may be permitted on a parcel, provided that all dimensional requirements allowing for future subdivision are adhered to. 6. The PUD Map shall be updated to change the parcel designated as Open Space to Zone District 4, Hillside Open Space. 7. Prior to the BOCC signature on the PUD Map, the applicant shall update the covenants to provide an internal enforcement and complaint handling process exclusive of Garfield County for the Residential Rental Unit use. The updated language will be reviewed and accepted by the Community Development Department. 8. The applicant shall supply a PUD Map acceptable to the Community Development Department prior to the BOCC signature on the Map. The PUD Map shall be evaluated by the Community Development Department for conformance with Land Use and Development Code requirements. 9. Prior to the BOCC signature on the PUD Map, a Development Agreement shall be signed by the BOCC and the Applicant that memorializes the phasing of the project. a. The applicant shall update the development agreement to reflect the 10 -year build out that was identified in the phasing letter. Board of County Commissioners — M Flying M — Preli Updated Recommended Conditions of Approval for Preliminary Plan This includes Staff's recommended tweaks to certain conditions, as well as Applicant proposed changes that are not an issue for Staff. 1) All representations of the Applicant, either in testimony or through submitted application materials, shall be considered conditions of approval unless specifically altered by the Board of County Commissioners, EXHIBIT 2) The development of subject parcels shall comply with all applicable Local, State, and Federal rules and regulations and all necessary permits shall be obtained. Conditions Prior to Final Plat Approval: Transportation: 3) Prior to approval of the first Final Plat, the applicant shall provide a demonstration that an easement has been granted through the Roaring Fork School District property for the emergency access loop. 4) Prior to approval of the first Final Plat, the applicant shall provide a demonstration that an easement has been granted through the Roaring Fork School District property to connect the Rio Grande trail to the proposed river trail. a) Applicant's proposed river trail improvements for Phase I, including the path along the Roaring Fork River from Parcel B to halfway across Parcel D, shall be installed as part of the first Final Plat and may be secured by the Subdivision Improvements Agreement. Future trail extensions, including through Parcels E and F shall occur as such parcels are final platted. The connection to the RFTA trail shall be completed as part of the Final Plat of Parcel F. 5) Prior to the approval of future phases, excluding the first phase of the development, the traffic impact at the Highway 82 and CR 154 intersection shall be evaluated in a public meeting. The applicant shall be required to provide an updated traffic report describing existing conditions and anticipated traffic increases from the development. If required by the Board of County Commissioners, the applicant shall be required to obtain a CDOT access permit and install improvements at the Highway 82 and the CR 154 intersection to alleviate traffic queuing issues, including but not limited to widening the County Road. If required, the improvements shall be installed as part of the subsequent final plat process and shall be required to obtain all required permits and approvals. 6) Applicant, Eastbank, LLC shall work in good faith with the Roaring Fork RE -1 School District to attempt to obtain an easement through the Roaring Fork School District property along the emergency access road in anticipation of the development of an access road from the properties to the north, but securing such easement shall not be necessary for approval. a) If the easement is obtained, the applicant shall also be required to provide an access easement from the boundary of Parcel F to the northern parcel access easement referenced in Condition 6. This easement shall be acceptable to Garfield County 1 Board of County Commissioners — May 20, 2019 Flying M — Preliminary Plan Community Development, the County Attorney's Office and the Garfield County designated engineer. 7) Prior to approval of the first Final Plat, the applicant shall update preliminary PUD documents to commit and show a sidewalk of a minimum of four feet in width for Parcels/Lots B, C1, C2, C3, D, E, and F. Sidewalks shall be required on both sides of the roads for Parcels/Lots B, C1, C2, C3, D, E, and F when there is PUD development on both sides. Sidewalks shall be built at the time of Final Plat for each parcel. The sidewalks shall not be maintained by the County. No sidewalks are required along Flying M Ranch Road from the School entrance drive to CR154, the Upper Access Road from the Lower Access intersection up to CR 154, or on the PUD side of County Road 154. a) Prior to approval of the first Final Plat, the applicant shall provide a sidewalk maintenance agreement and a trail maintenance agreement acceptable to Community Development and the County Attorney's Office. 8) Prior to approval of the first Final Plat, the applicant shall update engineering documents to show a soft trail a minimum of four feet in width where the River Trail is proposed for Parcels B, C1, C2, C3, D, E, and F, and provide a trail maintenance agreement acceptable to Community Development and the County Attorney's Office. 9) Prior to approval of the first Final Plat or as secured by the initial Subdivision Improvements Agreement, the applicant shall install additional signage and push-button flashing pedestrian signs for trail users on either side of the Rio Grande trail crossing of County Road 154. This work shall be completed in conjunction with RFTA and Garfield County Road and Bridge. A demonstration of conformance with this condition shall be provided by RFTA and the Garfield County Road and Bridge Department. 10) Prior to the approval of the first Final Plat, for the roadways identified by the Garfield County designated engineer, the applicant shall either submit a Waiver Request for article 7-107 Roadway Standards, or update the engineering documents to demonstrate that the roadway meets those standards. This condition shall be reviewed and accepted by the Garfield County designated engineer. 11) Prior to the approval of the first Final Plat, the applicant shall assign traffic generation minimums to all parcels in the proposed development in the form of Peak Hour Vehicles. The traffic generation minimums shall be reviewed and approved by the Community Development Department and the County Referral Engineer. Documentation of the traffic generation minimums shall be included in the PUD guide. Utilities and Engineering: 12) Prior to approval of the first Final Plat, the applicant shall update the notes on engineering documents to reflect the most up-to-date studies. 13) Prior to approval of the first Final Plat, the applicant shall update engineering documents to show that there will be no excavation below current existing grade in the River Trail easement on Parcels D, E, and F. 14) Prior to approval of the first Final Plat, the applicant shall update the engineering documents as required by the Roaring Fork Water and Sanitation District. Compliance with this condition shall be reviewed and accepted by the Roaring Fork Water and Sanitation District Engineer. 2 Board of County Commissioners — May 20, 2019 Flying M — Preliminary Plan A demonstration of compliance with this condition shall be provided by the Roaring Fork Water and Sanitation District. a) All Final Plats will be referred to the Roaring Fork Water and Sanitation District (RFWSD) and the applicant shall be required to comply with the District's regulations. The applicant shall supply all easements required by the RFWSD on all Final Plats. 15) Prior to approval of the first Final Plat, the applicant shall update engineering documents and/or provide other evidence to address the Garfield County designated engineer's comments, dated January 25, 2019 as provided in Exhibit 15 of this Staff Report. Demonstration of compliance with this condition shall be reviewed and accepted by Garfield County Community Development. 16) Prior to approval of the first Final Plat, the applicant shall update engineering documents to show an additional fire hydrant as requested by the Glenwood Springs Fire Department. A demonstration of compliance with this condition shall be provided by the Glenwood Springs Fire Department. 17) Prior to approval of the Final Plat, the applicant shall provide a statement from a professional engineer, indicating whether or not drainage easements are needed on the subject properties. If needed, the easements shall be included on any Final Plat. 18) Prior to approval of the Final Plat, the Improvements Agreement shall be updated to include the requirement that the Roaring Fork Water and Sanitation District Engineer shall review and approve the following: a) Security amounts b) Partial releases of security c) Final releases of security 19) Prior to approval of the Final Plat, the applicant shall provide a demonstration that the existing structure on proposed Lot A4 meets setback requirements, relocate the structure, or alter the lot lines to show the structure is compliant. Amended Final Plat and PUD Guide Requirements: 20) Prior to approval of the first Final Plat, the applicant shall complete an Amended Final Plat and Boundary Line Adjustment with the Roaring Fork School District property to reflect the boundaries of the property as submitted for this application. 21) Prior to the approval of the first Final Plat, the PUD Guide and Map shall be approved and recorded. 22) Prior to the approval of the first Final Plat, the applicant shall complete an Amended Final Plat with the property to the southwest to ensure the easement access to the river is located entirely on the Preliminary Plan property. Additionally, the applicant shall provide a demonstration that the proposed easement extends to the Typical and Ordinary High Water Mark of the Roaring Fork River. 3 Board of County Commissioners — May 20, 2019 Flying M — Preliminary Plan Wetlands and Waterbodies: 23) Prior to approval of the first Final Plat, the applicant shall complete wetlands analysis if required by the United States Army Corps of Engineers. If wetlands are found, the applicant shall supply a plan to be reviewed and accepted by Garfield County and the Army Corps of Engineers to ensure compliance with required regulations. 24) Prior to approval of the first Final Plat, the applicant shall provide a public river access easement for the portion of the property that borders the Roaring Fork River. 25) Prior to approval of the Final Plat, the applicant shall address potential floodplain issues on the property through a Letter of Map Revision, a Letter of Map Amendment, and/or a County Floodplain Permit. Compliance with this condition shall be reviewed and accepted by the Garfield County floodplain manager. A floodplain development permit may be required for the river trail pending further information submitted to the Floodplain Manager. 26) Prior to approval of the first Final Plat, the applicant shall provide additional information acceptable to the Community Development Department indicating mitigation measures for the sections of the river trail located within the required 35' waterbody setback. The applicant should avoid development of the trail in the waterbody setback to the maximum extent practicable, shall work with CPW on the trail design, and work to actively enhance riparian vegetation. Possible mitigation options could include, but are not limited to decreased width of sidewalk, lack of disturbance of riparian vegetation, addition of appropriate riparian vegetation, and/or use of a permeable material for the trail. Vegetation Management: 27) Prior to the approval of the first Final Plat, the applicant shall supply a management plan for Russian Olives on the site that is acceptable to the Garfield County Vegetation Management Department. 28) Prior to approval of the first Final Plat, the applicant shall supply Garfield County Vegetation Management with a calculation of the surface area of disturbance that will need to be reseeded on the property. Vegetation Management will then determine if a revegetation security is necessary. If determined necessary the security will be required prior to the Final Plat. 29) Prior to approval of the first Final Plat, the applicant shall supply Garfield County Community Development with a completed Development Agreement for the project as a whole and an Improvements Agreement for the particular proposed phase. These items shall be reviewed and approved by the Board of County Commissioners. School Land Dedication 30) Prior to approval of the first Final Plat, the applicant shall either execute an agreement acceptable to the Board of County Commissioners and the County Attorney's Office, with support from the RE -1 School District, that outlines the proposed School Impact Fee plan, or the applicant shall pay school impact fees as required in the Land Use and Development Code. 4 Board of County Commissioners — May 20, 2019 Flying M — Preliminary Plan Covenants 31) Prior to approval of the first Final Plat, the applicant shall update the Covenants for the property to demonstrate compliance with Article 7-401 of the Land Use and Development Code regarding Domestic Animal Control. 32) Final Plat Requirements: a) A plat note shall be included on all final plats that indicates: "A site specific geotechnical study shall be required prior to the issuance of any Building Permit. Development shall follow the recommendations in that report." b) Plat Notes A, B, C, D, E, F, I, and L as described in the County Resource Guide shall be included on Final Plats c) All final plats shall include required drainage easements. d) The applicant shall include the following plat note on any Final Plat: "The property is underlain by Eagle Valley Evaporite, and numerous sinkholes and soil -collapse occurrences have been identified within several thousand feet of the site. Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are a serious concern in the Eagle Valley Evaporite. Infrequent sinkhole formation is still an active geologic process in the Roaring Fork Valley, and ground subsidence related to the dissolution of evaporate bedrock is an unpredictable risk that should not be ignored." e) The applicant shall include the following plat note on any Final Plat: "Prior to the issuance of a building permit, if required by the Glenwood Springs Fire Department, the applicant shall supply an engineered fire truck turn -around for that parcel acceptable to the Fire Department. f) The applicant shall include the following plat note on any Final Plat: At the time of Development of Parcel F, the emergency access loop shall be completed. g) The applicant shall include the following plat note on any Final Plat: "Traffic generation requirements are outlined in the PUD Guide" h) The applicant shall include the following plat note on any Final Plat: An engineered, site specific, grading and drainage plan shall be required for each parcel, prior to the issuance of a Building Permit. i) The River trail easement shall be clearly dedicated to the public on any Final Plat. j) The applicant shall include a plat note indicating that the project is located near the Glenwood Springs Airport. Other Conditions: 33) The applicant shall comply with Colorado Parks and Wildlife Referral Comments as indicated below: a) Fencing on the property should be limited to only what is necessary, while leaving movement corridors between building clusters. Any perimeter fencing should follow CPW Wildlife Friendly fencing standards. b) Bear conflicts have occurred in the Westbank neighborhood across the river. It is required that facilities use locking bear -proof garbage containers or use a centralized trash collection area that is secured. 34) Development of the site shall be consistent with the requirements detailed in the H -P Kumar Preliminary Geotechnical Study, or as that study is updated. 5 Board of County Commissioners — May 20, 2019 Flying M — Preliminary Plan 35) Existing development on lots A2 and A4 shall be connected to Central Services as part of the Final Plat process for those lots. 36) Prior to the issuance of a Building Permit, compliance with requirements of the Land Use and Development Code, including but not limited to building height, setbacks, lot coverage, and floor area ratio, vehicular and pedestrian circulation, and snow storage requirements shall be verified. 37) Roof Materials shall be made of noncombustible materials or other materials as recommended by the local fire agency. 38) Any fire truck turn around shall be kept clear as required by the Glenwood Springs Fire Department, including but not limited to clear from parking and snow storage. Additional signage may be required by the Fire Department to meet this condition. 39) If the access from the northern parcels is built, the applicant shall be required to connect to that access road by upgrading the emergency access to meet Garfield County Roadway Standards. Once developed the road shall be available for use by the public. 40)The upper access shall be required to be gated for emergency access to the satisfaction of the Glenwood Springs Fire Department and County Road and Bridge. The road shall be constructed to the standards and in the location as indicated in the initial application excepting the requirement for an asphalt road with curb and gutter. A gravel class 6 roadbed will be constructed in lieu of the asphalt road with curb and gutter. A driveway permit shall be required. Once Parcels B, C1, C2, C3, D, and E, are built -out, and/or at the discretion of the Community Development Director, the traffic impact of the development shall be re-evaluated by Garfield County and the access may be opened to use by the public. If the BOCC determines that opening of the access to the public is necessary to address traffic congestion, the applicant shall be required to upgrade the road to meet County requirements. Prior to the first Final Plat, the applicant shall supply an emergency access maintenance agreement acceptable to Garfield County Community Development. 41) As part of the Final Plat process for parcels C1, C2, and/or C3, (whichever is platted first) the applicant shall install a flashing pedestrian beacon on either side of the cross walk at Flying M Ranch Road and the school access road as indicated in the provided engineering documents. 42) The applicant shall be required to meet the requirements of all utility providers for the project. All easements as required shall be included on all Final Plats. 43) The applicant shall supply records to the Community Development Department indicating that weed management work has been completed as required by the Garfield County Vegetation Manager. 44) Development of the parcel shall comply with Colorado Geological Survey referral comments including requirements for uncontrolled fill and subsidence hazards. 6 Patrick Waller From: Wyatt Keesbery Sent: Monday, May 13, 2019 1:14 PM To: Patrick Waller Subject: Flying M Ranch Patrick, EXHIBIT After reviewing the CDOT letter, I have the following suggestion. I suggest we do not require them to do anything upfront for this initial phase, but for future development, have the ability to look at the Hwy 82 and CR 154 intersection and the traffic data before each additional phase. At that time we can determine weather or not the intersection needs to be addressed by the applicant. Wyatt Wyatt Kee.thery DLrecto-r Gcurfi,e County Road Er Bridge, 0298 CR 333A R(Le', Co. 81650 Office,* 970-625-8601 Cell:970-309-6073 Fay' 970-625-8627 i EXHIBIT g 1ICI Garfield County MEMORANDUM TO: Board of County Commissioners FROM: Patrick Waller, Senior Planner DATE: May 20, 2019 SUBJECT: Application Updates and Staff Analysis BACKGROUND Eastbank LLC has applied for both a Planned Unit Development and Preliminary Plan approval on a property located at 3927 County Road 154, Glenwood Springs, CO 81601. The application was originally heard in front of the Board of County Commissioners on April 8th, continued until May 6th, and continued again to May 20th for Staff to address CDOT comments. Since that time Staff has received CDOT referral comments regarding the intersection with Highway 82 and County Road 154, as well as some additional applicant requested adjustments to conditions. This Memorandum includes Staff Analysis of the new information submitted. STAFF ANALYSIS Change to Condition 5 Preliminary Plan — CDOT Access Permit Staff received a referral comment from CDOT on May 6th that analyzed the new traffic impact study that has been submitted by the applicant. The comment indicated that because the development will only increase traffic from the property by 18.5%, CDOT cannot require a new access permit. However, CDOT did provide the following (Exhibit 110): It is CDOT opinion, that Garfield County does have the right to ask the applicant to apply for an access permit through the Garfield County land -use process. CDOT recommends that the County should require Flying M Ranch to mitigate the additional left -turn storage needed at SH -82 & CR 154 for the traffic from their development. The review from Garfield County's Designated Traffic Engineer indicated that even without the added development, traffic queuing will be an issue at the intersection. The addition of development traffic will increase queue blocks by 10-15% and is worse at peak hour, particularly in the morning when more drivers are leaving from CR 154. In conversations with the Staff, Garfield County's Designated Traffic Engineer indicated that the traffic issue was not a safety one, but rather a nuisance issue with potential extended queuing times at the intersection. This is echoed by CDOT's updated comments which are no longer identifying a "safety issue" at the intersection. The CDOT letter was reviewed by Garfield County Road and Bridge who indicated that no improvements are needed at the initial phase (Parcels A1 -A4, Parcel B and Parcel D), but as part of future phases, the County should have the ability to look at the intersection and potentially require improvements depending on real traffic impacts at that time (Exhibit 118). Based on the referral comments, Staff recommends updating Condition 5 to state: Prior to the approval of future phases, excluding the first phase of the development, the traffic impact at the Highway 82 and CR 154 intersection shall be evaluated in a public meeting. The applicant shall be required to provide an updated traffic report describing existing conditions and anticipated traffic increases from the development. If required by the Board of County Commissioners, the applicant shall be required to obtain a CDOT access permit and install improvements at the Highway 82 and the CR 154 intersection to alleviate traffic queuing issues, including but not limited to widening the County Road. If required, the improvements shall be installed as part of the subsequent final plat process and shall be required to obtain all required permits and approvals. The applicant has proposed to cap traffic from the site through the submittal of traffic impact reports at the time of building permit. Staff anticipates that the building permits will be submitted in association with subsequent phases and not individual permits. This will function similarly to a density cap in units, but gives the applicant more flexibility in the PUD. At this time, the applicant has limited the use mix of residential units and commercial to what is included in the PUD guide. However, this gives the applicant a number of options for ultimate build -out as different uses generate different amounts of traffic. Capping traffic ensures that regardless of the mix of commercial and residential, the traffic numbers will not exceed the limit that has been provided. Estimated Road Impact Fees At the previous hearing a question was raised regarding potential Road Impact Fees for the build -out of the Flying M Ranch development. The applicant has previously provided an estimate of the build -out fees and this has been included as Exhibit 112. At full build- out, the estimate is that the development will provide between $415,000 and $433,000 in road impact fees. This number may vary depending on what is ultimately developed on the site and the square footage of units and uses. Road Impact Fees are collected by the County at the time of Building Permit. Pursuant to Section 7-405(A)(4) of the Land Use and Development Code: The BOCC may determine that certain portions of 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, the developer may be required to pay the total cost of the needed improvements prior to the County's schedule. Impact fees that would be due by the developer shall be credited against the cost of the needed improvements. This section of the Code allows the Board to require that improvements are completed and to use road impact fees to credit the improvements that are being required. Through this mechanism, if the Board does decide to require the applicant to install the improvements to the Highway 82 and CR 154 intersection, the applicant could be eligible for a credit of those fees at the time of Building Permit in the forms of a lesser overall impact fee. This section could also be addressed in the future, if the Board requires improvements to be installed at a later stage. Applicant Suggested Change to Condition #40 Preliminary Plan The applicant has submitted a suggested change to Condition 40. It states (red text is Staff's addition): The upper access shall be required to be gated for emergency access to the satisfaction of the Glenwood Springs Fire Department and County Road and Bridge. The road shall be constructed to the standards and in the location as indicated in the initial application excepting the requirement for an asphalt road with curb and gutter. A gravel class 6 roadbed will be constructed in lieu of the asphalt road with curb and gutter. A driveway permit shall be required. Once Parcels B, C1, C2, C3, D, and E, are built -out, and/or at the discretion of the Community Development Director, the traffic impact of the development shall be re-evaluated by Garfield County and the access may be opened to use by the public. If the BOCC determines that opening of the access to the public is necessary to address traffic congestion, the applicant shall be required to upgrade the road to meet County requirements. Prior to the first Final Plat, the applicant shall supply an emergency access maintenance agreement acceptable to Garfield County Community Development. Staff contacted the Glenwood Springs Fire Department who indicated that provided the roadway can support the fire truck, there is no issue with this change (Exhibit 120). Staff also contacted the Garfield County Designated Engineer who indicated there should be no issue with this change for emergency services. Staff has included a small alteration (in red font) that requires a roadway maintenance agreement for the emergency access and clarification that the roadway is upgraded if opened to the public. Applicant Proposed Change to Condition #3 PUD The applicant has also proposed a change to Condition of Approval #3 to the PUD as follows: No development specifically related to the PUD shall be permitted unless the subject parcel has received Final Plat approval excepting that earthmoving for Parcel B may commence prior to Final Plat approval. Normally, Staff does not permit any grading to go forward until a Land Use Change Permit or Final Plat has been approved. This is because there could still be some changes or amendments to the approval and there is the risk that the Final Plat may not be obtained. Also, there are certain conditions with regards to grading that have not yet been addressed. In particular, the applicant has not yet completed a wetland delineation or provided evidence that one is not needed as required by Condition 23. However, there is no language in the Land Use Code that explicitly forbids the issuance of a grading permit prior to Final Plat. The Community Development Policy that addresses this issue is included as Exhibit 113. That policy states in part: Only in the rare case where the Director approves a project to move forward with grading prior to the issuance of final plat or land use change permit, a grading permit with appropriate financial security would be issued. As such, the Board does have discretion to allow the grading to go forward prior to the issuance of the Final Plat. If this is the Board's direction, a grading permit, with financial security could be issued. Staff does recommend that if the Board allows a grading permit to go forward, that the applicant address Condition 23 (wetlands delineation) in the Preliminary Plan prior to the issuance of a Grading Permit. BOARD OPTIONS Staff has updated the recommended Conditions of Approval to be consistent with the above analysis. If the Board approves the application, Staff has provided the following updates to the recommended Conditions of Approval for the PUD (Exhibit 116) and the Preliminary Plan (Exhibit 117). Planned Unit Development - Condition 3: In the recommended conditions Staff has maintained the condition as is, not permitting any grading until a Final Plat has been completed. If the Board wishes for grading to be permitted, this Condition should be altered to reflect the applicant's proposed language with the inclusion that any wetlands delineations should be addressed prior to the issuance of a grading permit. Preliminary Plan - Condition 5: Discusses the CDOT Access Permit requirements. The recommended conditions have been updated to reflect the above analysis allowing improvements to be required after the initial phase. - Condition 7: Discusses the requirement for sidewalks on the property. While Staff recommends that sidewalks are included to a further extent within the development, the recommended conditions reflect the Planning Commission's suggested Conditions of Approval. - Condition 40: Suggested by the applicant. Staff has included a change to the applicant's suggestion as provided in the analysis above. The applicant's proposed change plus Staff's recommended change have been included in the updated Conditions. Patrick Waller From: Greg Bak <greg.bak@cogs.us> Sent: Monday, May 13, 2019 11:53 AM To: Patrick Waller Subject: [External] Re: Re: COA Changes Follow Up Flag: Flag Status: Follow up Flagged Patrick - It looks acceptable at this time. Please let me know if/when there will be a planning meeting for this development. Greg Bak Fire Marshal Glenwood Springs Fire Department From: Patrick Waller <pwaller@garfield-county.com> Sent: Friday, May 10, 2019 12:40:14 PM To: Greg Bak Subject: FW: [External] Re: COA Changes Hi Greg, I am sending you over a change in a Condition requested by the applicant. Can you please look at Condition #40 identified below? Thanks, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.Rarfield-county.com/community-development/ From: landstudio2@comcast.net [mailto:landstudio2@comcast.net] Sent: Friday, May 10, 2019 12:35 PM To: Patrick Waller Cc: Chad J. Lee; Roger Neal; Robert Macgregor Subject: [External] Re: COA Changes Patrick, 1 I have made changes to the Flying M Recommended COA per the following. The MS Word documents are attached. Please call this afternoon to discuss as needed. Changes to Flying M Preliminary Plan COA: 40) The upper access shall be required to be gated for emergency access to the satisfaction of the Glenwood Springs Fire Department and County Road and Bridge. The road shall be constructed to the standards and in the location as indicated in the initial application excepting the requirement for an asphalt road with curb and gutter. A gravel class 6 roadbed will be constructed in lieu of the asphalt road with curb and gutter. A driveway permit shall be required. Once Parcels B, Cl, C2, C3, D, and E, are built -out, and/or at the discretion of the Community Development Director, the traffic impact of the development shall be re-evaluated by Garfield County and the access may be opened to use by the public. Changes to Flying M PUD COA: 3. No development specifically related to the PUD shall be permitted unless the subject parcel has received Final Plat approval excepting that earthmoving for Parcel B may commence prior to Final Plat approval. Douglas Pratte, ASLA The Land Studio, Inc. 365 River Bend Way Glenwood Springs, Colorado 81601 (970) 927-3690 Office (970) 948-6033 Mobile (970) 230-9087 Fax landstudio2a.comcast.net On May 10, 2019, at 7:49 AM, Patrick Waller <pwaller@garfield-county.com> wrote: Hi Doug and Chad, Would you all mind sending over any proposed changes that you have by the end of the day? That way I can make sure they are in the packet moving forward to the Board. Thanks and let me know if you have any questions, Patrick Waller Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.garfield-county.com/community-development 2