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HomeMy WebLinkAbout1.0 APPLICATION.pdfFRONING FAMILY SUBDIVISION PRELIMINARY PLAN March, 2011 Prepared for Garfield County, Colorado Resubmitted May 2012 Mark Chain Consulting, LLC Page 1 May 25, 2012 Kathy Eastley, AICP Garfield County Building & Planning 108 89" Street, Suite 401 Glenwood Springs, CO 81601 RE: Froning Preliminary Plan — Resubmittal Dear Kathy: Please accept this updated application for the Froning Family Preliminary Plan. As we have discussed, the Garfield County Planning Commission held a public hearing on the application on May 11, 2011. The hearing was continued until October 12, 2011. One of the primary concerns related to the application was the applicability of County's Affordable Housing Regulations. While some proposed amendments to Section 8 -102 of the ULUR were under discussion, the issues surrounding affordable housing were still under advisement in October of 2011 and therefore the application was withdrawn. Now that amendments to Section 8 -102 have been approved and are in effect, we are resubmitting the preliminary Plan application for review as we discussed in April. In addition to the Affordable Housing "threshold" issue, there were a number of outstanding technical and planning related issues outlined in the staff report (dated May 11, 2011) that still needed additional discussion and resolution. The outstanding engineering items that include drainage infrastructure, culverts, road grade, traffic and sediment erosion control are addressed in a letter from Sopris Engineering. This letter as well as an updated set of engineering plans is included at the end of Section 13 immediately after the original engineering report. We thought it was best to include the original engineering information and the letter addressing County concerns in the same section for ease of review. The remaining technical and planning related information is addressed in this letter. The items addressed include: • A number of potential plat notes Suggestion that certain items be included in the covenants • Water infrastructure related issues Items related to impact fees, HOA documents and easements ▪ Infrastructure cost estimates, design guidelines and required plans to be submitted with building permits and for design review by the HOA • Design waiver for Lot 3 81 I Garfield .Avenue Carbondale. CO 81623 Ph 90.9610385 Fax 970.963.2916 rnchdn@sopris.net ris.net Mark Chain Consulting, LLC Page 2 Please note that we are addressing the design waiver request for Lot 3 by separate letter. I am also including a spread sheet which summarizes these items and notes the status of each. Both of these items are attached to this document. We hope this supplementary information resolves all of the items identified by you and the Review Agencies in the May 2011 staff report. We will of course be happy to meet with you and County staff and discuss these as well as any other concerns that you may have in advance of any new public hearing for the project. Once again, thanks for the opportunity to provide this information. Please contact me if you have any questions. Sincerely, Mark Chain 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 nichain@sopris.net Mark Chain Consulting, LLC Page 3 OUTSTANDING ISSUES -- FRONING PRELIMINARY PLAN APPLICATION Responses from the applicant and design tearn are in "italics ". Affordable Housing 1.0 Affordable Housing Due to changes in Section 8 -102 of the ULUR, the Development Team is of the opinion that affordable housing is no longer applicable for the Project. Plat Notes and related Conditions The majority of the items below noted as 2.01 to 2.11 relate to issues that need formal plat notes or need to be provided for in the Declaration of Protective Covenants (Covenants) in some manner. Responses are below: 2.01 Noxious Weeds A pint note will be provided as per. the ULUR or as condition of approval. Noxious weeds are addressed in Section 3.15 of the Covenants. 2.02 solid fuel fireplaces A draft plat note has been provided on the Preliminary Plan and will be updated as necessary. Solid fuel fireplaces are also addressed in Section 3.9 (d) of the covenants. 2 -03 exterior lighting Draft plat note has been provided and will be updated as necessary. Exterior lighting is addressed w Section 3.9 (c) of the covenants_ 2.04 Right - -to- -farm Draft plat rote included on Preliminary Plan. The Design Team does not think it is necessary to address this in the covenants as the soils and geology of the area does not lend itself to agriculture use or ranching. 2.05 Fencing /miscellaneous agriculture 811 Cache h d Avenue Carbondale-, CO 81 673 Pb 970.963.0335 Fax 970.963.291 6 mchoin @sopr-is.ne= Mark Chain Consulting, LLC Page 4 A draft plat note has been provided. 2.06 1SIDS Draft plat note included on Preliminary Plan submittal. Complementary information has been included in section 10.10 of the Covenants. This can be modified as required by County Staff or as condition of approval. 2.07 Soils /foundation investigation Plat note provided with Preliminary Plan application. A "placeholder" in section 10.10 of the covenants has been provided. This can be expanded /enhanced as necessary per County staff recommendations. 2.08 Wildlife and animal control A plat note was not provided in the original Preliminary Plan application, but this will be included as necessary. Restrictions regarding animal control, fencing and potential wildlife conflicts are addressed in Sections 3.2 and 3.17 of the covenants. Section 3.2 addresses animal control and 3.17 development/wildlife conflicts. Requirements from the analysis by Colorado Wildlife Science, LLC have been "cut and pasted" directly from the Wildlife and Ecological Assessment into the Covenants. 2.09 Street dedication and construction Streets /roadways will be dedicated and conveyed as required by the LILUR. 2.10 Mineral Rights A Title Examiner reviewed the title work, deeds and chain of title and is of the opinion that the mineral rights have not been severed. Please see Section 23 of the Preliminary Plan application. 2.11 Certificates The various required certificates (e.g. Dedication and Ownership, Clerk and Recorder's certificate, etc.) will be provided on the Sinai Plat as per the ULUR. Water Related Issues 3.01 Obtain new well permit An application will be made for e new well permit and related documents will be provided as part of the Final Plat application. 811 t-;arflol :l Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963,2916 enchain @7 sooris.ne l Mark Chain Consulting, LLC Page 5 3.02 Terms /conditions of water decree. The Applicant will include the terms and conditions of the water decree in the Subdivision Improvements Agreement and the Covenants. 3.03 Letter from Fire District Re: Water Storage Letter dated May 5, 2011 previously provided. Note: we have included this letter in Section 25 for your reference. 3.04 Well testing -24 hr. Well testing as per Section 7.104 B of the ULUR will provided as part of any application for a Final Plat. 3.05 Water quality analysis Well quality testing results will be provided as part of the Final Plat application. 3.00 Transfer of water rights and facilities All of these details will be provided with the Final Plat application. Water rights will be transferred to the HOA as per ULUR requirements. This will include relevant easements and infrastructure. Appropriate legal documents for conveyance will be provided as necessary. This information will be also be provided in the Covenants as part of the Final Plat application. 3.07 Authority, maintenance of water system The protective covenants and other HOA documents will be updated as necessary regarding description of rights for each lot to use water, maintenance requirements. and authority of HOA to collect fees, etc. These will be provided with the Final Plat application and to the County Attorney for determination of sufficiency. Engineering /Road issues and Subdivision Improvements Agreement Requirements and Conditions A number of proposed conditions in the staff report centered on the road design and ULUR code requirements, snow removal, road maintenance, stormwater detention, guard rails, retaining walls and water storage design and estimated cost of the infrastructure for the subdivision. These items and some other enrgirieering related issues were noted in a letter from the Mountain Cross Engineering dated April 26, 2011 to County star. These items are addressed in the attached letter from Sopris Engineering (SE). SE has also updated the civil engineering plans in order to resolve as many engineer ing issues as possible at this time. 811 G ciriield Avenue Carbondale, GO 81623 Ph 970.963.0385 l=ax 970.963.2916 rnchc in':c ?sop€ is. yet Mark Chain Consulting, LLC Page 6 Impact Fees, HOA documents and easements 6.01 School land dedication fee -in -lieu An appraisal for the purpose of calculating the amount of the fee -in -lieu payment for school land dedication will be provided as part of the Final Plat application. 6.02 Fees to Carbondale & Rural Fire Protection District (C &RFPD) The residential Impact fee to the C&RFPD will be paid and documentation provided prior to the execution of the Final Plat. The necessary agreement with the Fire district will be signed at that time as per C &RFPD policy. 6.03 Incorporation of HOA Documentation regarding incorporation of the HOA will be provided per ULUR requirements. The By-Laws and draft covenants were provided as part of the Preliminary Plan Application_ 6.04 Description and conveyance of easements As per the proposed condition in the staff report, the Applicant will delineate and legally describe all easements on the Firm! Plat and convey to the responsible party as required. Related documentation in the Covenants will be made and submitted as part of the Final Plat application. Miscellaneous A number of miscellaneous issues were outlined in the Staff report or in responses from the Review Agencies as part of the Preliminary Plan application and review process. We are addressing these items below so that they can be resolved at this time If possible. 7,01 Infrastructure maintenance and cost allocation An estimate of maintaining infrastructure by the HOA will be provided as part of the Fin& Plat application. Article 9 of the Covenants as submitted attempted to address this issue. The drafts of the Covenants were intended to be flexible so that HOA had the ability to adjust their maintenance program as necessary. We will make every effort to provide the level of detail as desired by the County Staff and County Attorney. 7.02 Design Guidelines in general 811 Garfield Avenue Carbondale, CO 81623 Ph 970,963.0385 Fax 970.963.291 6 mchain@sop)rls.net Mark Chain Consulting, LLC Page 7 Design Guidelines and review procedures by the HOA were provided in the Article 10 of the Covenants as part of the Preliminary Plan submittal. 7.03 Lot /building issues re: visibility The visibility of future buildings on Lots that may be visible from the public rights- of-way or existing, adjoining lots is provided in Section 3.11 (d) of the Covenants. 7.04 Defensible Space re: Wildfire The staff report suggested that 'Defensible Space" was not included in the Preliminary Plan documentation. In fact, Defensible space was considered as being so important to the project that it has its own separate section of the Preliminary Plan application (Section 18). This is intended to be Exhibit B of the covenants. Documentation of Defensible Space is also included in section 3.9 (f) (trees and landscaping) and other appropriate sections of the covenants. 7.05 Covenants RE: Engineering and building permits Engineering and Building permit submittals. Section 10.10 of the covenants lists the plans, engineering studies and other technical documents required as part of the building permit process with the County and Design Review procedures with the HOA. Sometimes these descriptions were brief, as this was the Preliminary Plan submittal. This section will be enhanced as necessary by the Design Team as part of any Final Plat application. 811 Goneld Avenue Corbordale, GO 8 693 Ph 970.963.0385 Fax 970.963.2916 mcha1n@sopris.net Category Affordable Housing Plat Notes Water Engineering /Road SIA Item Description 1.00 Eroding Issue Summary Status 2.01 Noxious Weeds 2.02 solid fuel fireplaces 103 exterior lighting 2.04 Right -to -farm 2.05 fencinglmisc agriculture 2.06 ISDS 2.07 soilslfaundation investigation 2.08 wildlife and animal control 2.09 Street dedication and construction 2.10 Mineral Rights 2.11 Certificates 3.01 Obtain new well permit 3.02 Terms/conditions of water decree 3.03 Letter from Fire District Re.Water Storm 3.04 Well testing -24 hr. 3.05 Water quality analysis 3.05 Transfer of water rights and facilities 3.07 Authority, maintenance of H2O system 4.00 Road grade Intersection/sight distance drainage guard rail retaining wall Storm Water Management Plan 5.01 Drainage Detention 5.02 site grading plan re flows from basins 5.03 Retaining walls 5.04 Water storage increase - design and co. No longer applicable Need plat note draft on plat draft on plat draft on plat draft on plat draft plat note draft plat note Need plat note Need plat note Have not been severed Drafts provided on Prelim Plat Will do with final plat Put in SIA and covenants Provided will provide with Final Plat with Final Plat To HOA with Final Plat With Final Plat Misc Res 20111 -83 attached Covenants sec 3.15 Covenants sec 3.9 (d) Covenants sec. 3.9 (c) Covenants Sec 3.9 (e) Covenants in covenants - sec 3.17 and 3.2 Dated 5 -5 -11 Sec 7 -104 B Treatment or Design 2? Put in covenants & legal document Covenants or other HOA doc See Sopris Engineering Response in Section 13 Re: Erosion control & limited soil detachment Plat note and covenants related to building permit create adequate easements See letter from fire district standards sufficiency plat note and covenants dedicate to HOA -r maint req's Category Item Status impact Fees Miscellaneous 6.01 School land dedication fee -in -lieu Appraisal with Final Plat 6.02 Fees to C &RFPD Prior to approval of Final Plat 6.03 Incorporation of HOA By- laws provided with Prelim Plat 6.04 Description and conveyance of easeme On Final Plat and other documents 7.01 Infrastructure maintenance and cost allocation 7.02 Design Guidelines in general Provided with Prelim Plat 7.03 Lot/building issues re: visibility 7.04 Defensible Space Re: Wildfire 7.05 Covenants RE: Eng and bldg permits Draft provided with Prelim plat Section 18 of Prelim Plat application Plan submittal requirements Misc incorporation docs as required Article 9 of covenants Article 10 of covenants Section 3.11 (d) of covenants Will be Exhibit B in covenants Section 10.10 (covenants) Mark Chain Consulting, LLC Page 1 May 20, 2012 Kathy Eastley, AICP Garfield County Building & Planning 108 81h Street, Suite 401 Glenwood Springs, CO 81601 RE Lot 3 Design waiver request from the Garfield County 2008 Unified Land Use Resolution (code) for the Froning Family Subdivision Dear Kathy: Mark Chain Consulting, LLC is hereby requesting a design waiver request from the code for the configuration of Lot 3 which is on both sides of the proposed access and utility easement onsite for the Froning property. Lot 3 Design Waiver. The 2008 Unified I...and Use Resolution (code) section 7-402 (F) states No lot: shall be divided by County or municipal boundaries or roads. Utility, access or drainage easements shall not divide a lot." The applicant is requesting a design waiver from section 7 -402 (F) for a number of reasons- First, the lot layout for this project has been consistent over the years and has always shown lot 3 to be on each side of the access and utility easement. This time line includes the Sketch Plan application (2006), Comprehensive Plan Amendment (2008) and well as the Preliminary Plan (2011 and 2012). Second, this project is a family subdivision where family members will each receive a lot. It is important to the applicant that the lot areas are equal, as this defines the equal division of land between the family members and helps allocate equity between the family members more easily than other options. Third, land as divided will not be able to be divided again in the future per the Garfield County and use regulations; and per section 3.1 (b) of the Froning Family Declaration of Protective Covenants. Prohibitions against further movement of property line boundaries can also be added to this section if the County deems appropriate. Finally, please note that the building envelope is specified for one side of the road only and has been put in that location for specific design purposes — to minimize visibility from existing lots in the Red Hill area and to preserve the "meadow" per recommendations from state and local professionals for wildlife purposes. The Covenants can be modified to state precise limits on this envelope in terms of location if appropriate 1 l Garfield AvonLr C_:orbondale, Co 81623 Ph 970.963.0385 Fax 9/0.963.7916 mchoint ?sop =is.net Mark Chain Consulting, LLC Page 2 Please call if you have any questions or need any additional information. Sincerely, Mark Chain 81] Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net TABLE OF CONTENTS 1. Letter of Authorization and Application Forms 2. Introductory Information and Background 3. Preliminary Plat Map and Related Engineering Drawings 4. Yield Plan 5. Open Space Plan 6. Open Space Management Plan 7. Landscape Plan 8. Impact Analysis 9. Land Suitability Analysis 16. Lighting Plan 11. Visual Analysis 1 2. Affordable 1- lousing 13. Preliminary Plan Engineering Reports ® Original Preliminary Engineering Report March 30, 2011 i Response to Garfield County Review Comments — September 27, 2011 14. Wildlife and Ecological Report 15. Water Augmentation Plan, Decree and Related Documents 16. Geotech Reports 17. Flattops Archaeological Consultants Report 18. Draft Defensible Space Guidelines 19. Compliance with Article 7 — Sections 1-4 of the ULUR 6 Comprehensive Plan Compliance 20. Draft Covenants 21. Draft Improvements Agreements 22. Title Commitments and deeds 23. Mineral Rights Information 24. Parcel Maps and List of Property Owners 25. Miscellaneous Information • Letter from Carbondale and Rural Fire Protection District — 614/10 O Letter from Carbondale and Rural Fire Protection District — 5/5/11 a Draft Emergency Access Easements • Draft Access Easement a Resolution Approving Comp Plan Amendment a Emails from Jake Mall of County Road and Bridge Department -- 1/30/07 • Minutes of Sketch Plan Hearing 26. Technical Compliance and past Land Use approvals • NTC Letter from County - -- 2/9/11 ® Letter to County - - -- Responses to NTC 3/29/11 • Resolution No. 84 -117, approving the Lappaia Road 107 Subdivision Exemption • Plat of Lappaia Road 107 Subdivision Exemption DEVELOPMENT TEAM Owner /Applicants Paul & Linda Froning PO Box 545 Carbondale, CO 81623 Donald &Billie Froning 10888 N. Paisano Tucson, AZ 85741 Karen & John Hatchett 1423 E. Delaware Bartlesville, OK 74003 Planning/Coordination Applicant's Representative Mark Chain Consulting, LLC 811 Garfield Avenue Carbondale, CO 81623 970.963.0385 Civil Engineering Sopris Engineering, LLC 502 Main Street, Suite A3 Carbondale. CO 81623 970.704.0311 Geologic Site Assessment HP Geotech 5020 County Road 154 Glenwood Springs, CO 81601 970.945.7988 Attorney Eric Gross Whitsitt & Gross, F.C. 302 Main Street, Suite 200 Carbondale, CO 81623 Site AnalysislArchitecture Muse Architects, Inc. 46 Weant Blvd. Carbondale, CO 81623 Wildlife /Ecology Colorado Wildlife Science, LLC 0100 Elk Run Drive._ Suite 128A Basalt, CO 81621 Water Resource Consultant RHN Water Resource Consultants, Inc. PO Box 3053 Montrose, CO 81402 Water Attorney Rob Pierce Dufford Waldeck Millburn & Krohn 744 Horizon Court, Suite 300 Grand Junction, CO 81506 Cultural Resources Flattops Archaeological Consultants. LLC PO Box 864 Glenwood Springs, CO 81602 970.945.1425