HomeMy WebLinkAbout2.0 Staff ReportPROJECT INFORMATION AND STAFF COMMENTS
TYPE OF REVIEW
Big Juniper
GAPA-7986
9/12/14
Administrative Review — Land Use
Change Permit for an Accessory Dwelling
Unit (ADU)
APPLICANT (OWNER) Big Juniper LLC
LOCATION
LEGAL DESCRIPTION
ACRES
The property is located approximately 51/2
miles northeast of the Town of
Carbondale, off of County Road 103. The
property is located at 3765 County Road
103.
Located in the NWV4 Section 18, T7S,
R87W on a property known by Assessor's
Parcel No. 2391-182-00-252. Also known
as Lot 2 of the Lansburgh Subdivision
Exemption Plat
Approximately 7.3 acres
ZONING Rural (R)
I. DESCRIPTION OF THE PROPOSAL
The Applicant is requesting approval for an Accessory Dwelling Unit on the 7.3 acre site.
The Accessory Dwelling Unit is proposed to be 3,000 sq.ft. or less in size with 2 to 3
bedrooms. The Application indicates that it will be configured as a garage below with the
ADU above. It will be served by a shared well and an expanded onsite waste water
system. It is to be accessed by a shared existing driveway. A single family residence is
currently located on the site.
The Applicant has requested a waiver from the Roadway Standards and is proposing to
provide detailed grading and drainage information at the time of building permit submittals.
A technical report on the expansion of the on site waste water system has been provided
along with a pump test and water quality test results for the domestic well. The site has
existing utilities (electricity) in place that will serve the ADU.
Vicinity Map
II. DESCRIPTION OF THE SITE
The site has existing improvements to serve the residential use. It slopes moderately
north from the County Road and more steeply beyond the existing home and proposed
ADU footprint. Vegetation on the lower portion of the site is primarily meadows and
grasses with pinion and juniper shrub vegetation at rear of the site. Portions of the site are
fenced and an irrigation ditch crosses the lower section of the property. No additional
water bodies or streams are located on the site.
III. APPLICABLE REGULATIONS
The Use Table 3-403 of the Land Use and Development Code designates Accessory
Dwelling Units within the Rural Zone District as requiring Administrative Review. Section
4-103 sets forth the Administrative Review Procedures. The Applicant has requested a
waiver from Roadway Standards contained in Table 7-107. The waiver is addressed
under the Staff Analysis section of this report and is considered in accordance with the
Review Criteria contained in Section 4-118.
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VIEW OF THE
APPLICANT'S SITE
IV. PUBLIC AND REFERRAL COMMENTS
A. The Applicant will need to provide documentation that all required notice mailings
have been completed in accordance with the Land Use and Development prior to the
Director's Decision. Public comments from an adjoining property owner, Susan Proctor
have been received and are attached.
B. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering:
• Discussed applicability and waivers from grading and drainage, soils hazards and
erosion control. The Applicant has proposed to address these concerns at the time
of building permit.
C. Colorado Division of Water Resources: Ivan Franco, E.I.T.
• Summarized specifics of the Applicant's Well Permit and related augmentation
approvals. He indicated that "so long as the applicant continues to adhere to the
conditions of approval of Well Permit No. 74753-F, this office has no objection to
the proposed application."
D. Carbondale & Rural Fire Protection District: Bill Gavette, Deputy Chief.
• Indicated they had no issues with the proposal.
3
E. Garfield County Road and Bridge: Mike Prehm.
• Noted that the current driveway meets driveway standards and that the sight
distance is very good in both directions.
• Indicated that a driveway permit would not be necessary for the additional dwelling
unit.
F Garfield County Environmental Health: Morgan Hill.
• Discussed the water quality testing results and recommended that a treatment
system be proposed.
• Supported the Applicant's Engineer recommendation for an inspection of the on site
waste water system by a certified inspector and related soils assessment for the
additional leach field installations.
G. Garfield County Vegetation Manager, Steve Anthony:
• Requested a noxious weed inventory map for the site.
• Indicated that a weed management plan should be provided.
H. Other referral agencies that did not submit comments included: BLM, Holy Cross
Energy, CDPHE (Water Quality), Colorado Parks and Wildlife.
V. STAFF ANALYSIS
Article 7 of the Land Use and Development Code sets forth General Standards in Division
1, Resource Protection Standards in Division 2 and Site Planning and Development
Standards in Division 3. Specific standards for ADU uses are also found in Section 7-701.
Review of the applicable standards and waiver request are found in the following section.
Article 7, Division 1: General Standards
1. Section 7-101: Compliance with Zone District Use Regulations
The Application represents that the proposed use will comply with Zone District
Regulations for the Rural Zone District including setbacks and lot coverage provisions. The
proposed building height is also consistent with code requirements. The lot size appears
adequate to accommodate any adjustments that may be needed to maintain compliance.
2. Section 7-102: Compliance with Comprehensive Plan and IGAs
The site is located in the Residential Medium (RM) designation on the Comprehensive Plan
Future Land Use Map. The proposed density of two units on 7.3 acres exceeds the
recommended density. The application makes a case that adjacent vacant property also
owned by the Applicant, 53 acres in size if considered in conjunction with the current
4
submittal would bring the overall density down to 1 unit per 20 acres.
Comprehensive Plan Section 2, Housing — Goal #1 reads: To bring about a range of
housing types, costs, and tenancy options, that ensure for our current and future residents
affordable housing opportunities in safe, efficient residential structures. This goals support
the creation of Accessory Dwelling Units.
3. Section 7-103: Compatibility
The proposal is consistent with surrounding land uses that are primarily agricultural and
rural residential in character.
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4. Section 7-104: Source of Water
The Applicant has documented the legal supply of water for the proposed use. Pump test
results and water quality test results have also been provided. The pump test
demonstrates a production of 8 gpm according to the report limited only by the capacity of
the pump. The report states that the minimal draw down is an indication of "... a much
greater production than 8 gpm". The Applicant needs to provide an assessment by a
qualified professional that the production is adequate to serve the additional unit. The
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water quality test results demonstrated that the water does not exceed the referenced
standards with the exception that coliform bacteria was present in the 11/25/13 sampling.
The water was retested on 8/28/14 and bacteria was absent in the new sample. The water
did reflect hardness and iron bacteria but these are not EPA enforceable minimum
containment levels. Based on the water quality results an assessment by a qualified
professional indicating that the water is acceptable for domestic use and recommending a
treatment option should be required.
5. Section 7-105: Adequate Central Water Distribution and Wastewater systems
The Applicant proposes expansion of an existing on site waste water system to serve the
additional demand from the ADU. A technical report is provided and outlines the general
plans. The proposed expansion needs to comply with the recommendations of the
technical report including inspection by a certified professional. Proper permitting through
the County Building Department shall be required.
6. Section 7-106: Public Utilities
All other utilities to serve the proposed ADU are existing and in place on the property and
will be extended to the new unit. The proposed unit is in close proximity to the existing
home.
7. Section 7-107: Access and Roadways
The existing private driveway is in general conformance with the Primitive Roadway
Standards with a width of 12' — 15', a grass shoulder, gravel surface, and a widened pull-
out section. With the addition of the ADU the unit count and related traffic numbers from
the ITE Standards would exceed the primitive roadway ADT. The Applicant has requested
a waiver from the roadway standards to allow the existing roadway to remain in place to
serve the ADU. Lane width, easement width, ditches and shoulders are the compliance
issues. While the Application includes detailed information on the roadway an engineering
opinion letter needs to be provided indicating that the roadway is adequate to serve the
proposed use. No maintenance issues were noted for the roadway and the Applicant has
provided a shared roadway agreement that the County Attorney's Office has reviewed and
found to be acceptable. The Applicant also requested a waiver from the submittal
requirement for a traffic study based on the minimal amount of new traffic generated.
Referral comments from the County Road and Bridge Department and from the
Carbondale Fire Protection District did not identify any concerns with the existing access
road. Public comments from a neighboring property owner who shares the existing
driveway supported the waiver request, indicated that the driveway functions adequately
and requested that the driveway not be required to be widened. With an acceptable
engineering opinion letter the waiver requests are supported by Staff.
6
8. Section 7-108: Land Subject to Natural Hazards
No significant natural hazards are noted on the property. The building footprint for the
proposed ADU does extend into a portion of the site with increasing slopes. Estimates of
slopes within the footprint are less than 20%. A site specific soils evaluation should be
required at the time of building permit and compliance with the recommendations of said
report required including if determined necessary an engineered foundation and retaining
walls/slope stabilization.
9. Section 7-109: Fire Protection
The Application was referred to the Carbondale Fire Protection District. Their comments
indicated no concerns. The access driveway as currently in place includes a pull out area
to allow better emergency vehicle access. The Application also commits to compliance
with defensible space guidelines in regard to wildfire issues.
Article 7, Division 2: General Resource Protection Standards
10. Section 7-201 Agricultural Lands
The Application is compatible with agricultural lands and has minimal additional site
disturbance.
11. Section 7-202 Wildlife Habitat Areas
The proposed ADU will create a very minor area of additional disturbance and should have
minimal impacts on wildlife and related habitats.
12. Section 7-203 Protection of Wetlands and Waterbodies
The proposed ADU is to be located in an already disturbed area distant from any wetlands
or water bodies. Setbacks for the on site waste water system from the existing irrigation
ditch on the property shall be required.
13. Section 7-204 Drainage and Erosion, 7-205 Environmental Quality
Minimal additional disturbance is anticipated by the Application. Erosion protection and
drainage improvements can be addressed as typical for a residential development at the
time of building permit submittal. Compliance with the engineering recommendations
regarding the on site waste water system should be required.
14. Section 7-206 Areas Subject to Wildfire Hazards
The Application notes a moderate or low wildfire hazard designation and compliance with
State Forest Service guidelines for defensible space.
7
15. Section 7-207 Natural and Geologic Hazards
No significant geologic hazards are noted in the Application submittals or on the Garfield
County Geologic Hazards Mapping. No soils limitations on septic systems (on site waste
water systems) were noted on the County Hazards Mapping.
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61
COMBINED GEOLOGIC
HAZARDS MAPPING
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Orange = Presence of Mapped Geologic
Hazards (slopes, debris, soils etc.)
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Source: Garfield County GIS Mapping
16. Section 7-208 Reclamation
The Applicant has committed on the landscaping/site plan to the stabilization and re -
vegetation of disturbed slopes at the rear of the ADU structure.
8
SEPTIC SYSTEM
CONTRAINTS MAPPING
Applicant's Site
•
Red = Higher Limitation
Yellow = Moderate Limitation
Source: Garfield County GIS Mapping
Article 7, Division 3, Site Planning and Development Standards
17. Section 7-301: Compatible Design
The proposal reflects consistency with the character of existing uses and improvements.
18. Section 7-302: Off -Street Parking
The site plan shows the required two additional parking spaces for the unit.
19. Section 7-303: Landscaping Plan
The Applicant has provided a detailed landscaping plan for the site.
9
20. Section 7-304: Lighting
The Application commits to installation of code compliant lights.
21. Section 7-305: Snow Storage:
The Application and site plan demonstrate adequate accommodations for snow storage.
22. Section 7-306: Trails and Walkways
Given the rural area of the site these standards are not applicable.
23. Section 7-701: Accessory Dwelling Unit Standards
A. Maximum Floor Area: The Application is in compliance.
B. Ownership Restriction: The Application is in compliance.
C. Building Code: Compliance will be required.
D. Minimum Lot Size: The Application is in compliance.
E. Entrance: The Application indicates future building plans will comply.
VI. SUGGESTED FINDINGS
1. That proper public notice was provided as required for the Director's Decision.
2. Consideration of the Application was extensive and complete, that all pertinent facts,
matters and issues were submitted and that all interested parties were given the
opportunity to provide input prior to the Director's Decision.
3. That for the above stated and other reasons the proposed Big Juniper LLC
Administrative Review Application for an Accessory Dwelling Unit is in the best interest of
the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield
County.
4. That with the adoption of conditions, the application is in general conformance with
the 2030 Comprehensive Plan, as amended.
5. That with the adoption of conditions and granting of a waiver from Section 7-107
Roadway Standards, related to lane width, easement width, and driveway cross section
including shoulders and ditches, the application has adequately met the requirements of
the Garfield County Land Use and Development Code, as amended.
VII. RECOMMENDATION
A recommendation for approval subject to the following conditions is provided for
consideration by the Director of the Community Development Department.
10
1. All representation of the Applicant contained in the application shall be considered
conditions of approval unless specifically modified by the Director Decision.
2. The Applicant shall comply with Standards for ADU's contained in Section 7-701 of
the Land Use and Development Code.
Prior to Issuance of the Land Use Change Permit
3. Prior to issuance of the Land Use Change Permit for the ADU, the Applicant will
provide an assessment by a qualified professional that the well production is adequate to
serve the proposed ADU.
4. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide an
assessment by a qualified professional of the water quality tests indicating the water is
acceptable for consumption and including a recommended treatment plan to address the
known water quality issues. The Applicant shall comply with the treatment
recommendation.
5. Prior to issuance of the Land Use Change Permit, the Applicant will provide
mapping of any noxious weeds found on the site and submittal of an appropriate weed
management plan.
6. A waiver from the Roadway Standards contained in Table 7-107 allowing the
existing driveway to serve the proposed use is approved subject to the Applicant providing,
prior to the issue of the Land Use Change Permit, an engineer's opinion letter indicating
that the existing driveway is adequate to serve the additional ADU and subject to
compliance with the existing driveway use and maintenance agreement.
Other Conditions
7. The Applicant shall complete an inspection of the existing on site waste water
system by a qualified professional, shall apply for all required permitting from the County
Building Department and shall comply with any conditions of approval. A site specific
assessment of the soils shall be conducted as part of the permit review and
recommendations from said assessment included in the system design. An engineered
system design shall be required.
8. At the time of building permit review the Applicant shall provide a drainage and
grading plan for the ADU. The plan shall be subject to review and approval by the Building
Department. The plans shall demonstrate no drainage impacts on adjoining properties.
9. At the time of building permit review the Applicant shall provide a site specific soils
test in the location of the proposed ADU. The Applicant shall comply with the
recommendations of said report including foundation design, slope stability, retaining wall
proposals and slope re -vegetation. An engineered foundation may be required based on
the recommendations of the soils report.
11
10. The ADU shall be required to meet all Garfield County Building Code Requirements
including but not limited to required separations between the ADU and a garage.
11. The Applicant shall maintain compliance with all conditions of approval for Well
Permit No. 74753-F and any related augmentation provisions.
12
ADDITIONAL VIEWS OF THE
SITE AND ACCESS DRIVEWAY
13
14
Susan D. Proctor
3755 County Road 103
Carbondale CO 81623
970-963-1611
September 4, 2014
Glenn Hartmann, Senior Planner
Building and Planning Department
Garfield County
108 8th Street
Suite 401
Glenwood Springs CO 81601
Re: Admistrative Review for an ADU
Parcel No. 2391-182-00-252
Big Juniper LLC
Dear Sir:
These comments are submitted because I am an adjoining landowner of the Big Juniper LLC property
and the landowner sharing the common driveway. I wish to support the request for a waiver of the
requirement that the existing shared driveway be upgraded from a Primitive Road/Driveway to a Semi
Primitive Road as would be required by the Roadway Standards in the Garfield County Land Use
Code.
The existing driveway was constructed in 2002 under Permit #88. There is a clear line of sight from
the county road across the pasture to the fork of the two individual driveways. There is a pull-out half-
way across the pasture, provided as required by the fire department. The existing drive has been able to
accommodate traffic from the two properties and I do not believe that the ADU would change that in
actuality. In the rare event that there are two vehicles, we either pause at the top or bottom of the drive
or use the pullout.
The county road in front of our properties is only about 20' wide. Increasing the width of the drive to
measure about three -fourth's of the road is inconsistent with the rural nature we have been attempting
to preserve.
In addition, increasing the width would be extremely disruptive. Utilities have been installed on either
side of the existing drive. In my case, telephone utilities are located within about 2' of the gravel. In
the case of the Applicant, both telephone and electric service have been installed along the eastern side
of the drive and cross under the drive to the box located in the CR 103 right of way on the west side of
the drive.
There are three culverts under the shared drive which do not appear to be of sufficient length to
accommodate the increased 16' width. The northern -most culvert for the Needham Ditch (see Site
Plan) would require permission of the downstream shareholders before it could be expanded. In
addition, a small lateral irrigation ditch and diversion gate, were installed on my side of the existing
drive in order to irrigate pasture where the flow was interrupted by the installation of the drive.
Finally, the Driveway Covenant governing the repair and maintenance of the shared drive would
require me to pay half of the presumably greater expenses required for snow removal, re -surfacing and
other maintenance of a wider drive, a most inequitable result.
For all of the above reasons, I hope that you will grant the Applicant's request for the waiver of the
requirement to meet the Roadway Standards and increase the width of the shared drive. Thank you for
your consideration.
Sincere
Susan D. Proctor
tfiMOUNTIAIN CROSS
ENGINEERING, INC.
— / Civil and Environmental Consulting and Design
September 04, 2014
Mr. Glenn Hartman
Garfield County Planning
108 81h Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of Big Juniper, LLC, ADU: GAPA-7986
Dear Glenn:
This office has performed a review of the documents provided for the Administrative Land Use
Change Permit Application for the Accessory Dwelling Unit (ADU) for Big Juniper, LLC. The
submittal was found to be thorough and well organized. The following comments were
generated:
1. The Applicant proposes to provide grading and drainage plans at the time of Building Permit.
The Applicant would either need to request a waiver or address grading and drainage.
2. The Applicant proposes to provide a site specific soils report at the time of Building Permit.
The Applicant would either need to request a waiver or provide a soils report. The soils
report from the original house construction may be sufficient.
3. The Applicant proposes to provide erosion control design at the time of Building Permit.
The Applicant would either need to request a waiver or address erosion control.
Feel free to call if you have any questions or comments.
Sincerely,
Mountai p Cross Engi eer
Chris Hale, PE
i
g
826 1/2 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
Glenn Hartmann
From: Franco - DNR, Ivan [ivan.franco@state.co.us]
Sent: Tuesday, September 02, 2014 2:13 PM
To: Glenn Hartmann
Cc: Alan Martellaro - DNR; Jake DeWolfe - DNR
Subject: Big Juniper LLC, Accessory
Mr. Hartmann,
This office has reviewed the proposal to construct an accessory dwelling at 3765 County Road 103 in
Carbondale. A single family dwelling currently exists at the site and no changes to its use are proposed. The
applicant does not propose to create a new lot or change the size of the existing lot. The applicant proposes to
continue supplying water to both units with an existing non-exempt water well located on the property. The
applicant does not propose any additional outside uses. Waste water from the site appears to be handled by an
on -lot septic system.
This office has record of one existing well with Permit No. 74753-F issued on January 18, 2011 for a well
constructed November 16, 1973. Use of groundwater from this well is limited to ordinary household purposes
inside one single family dwelling and an attached dwelling unit, the irrigation of 2,000 square feet of home
gardens and lawns, and the watering of 6 head of livestock. This well operates in accordance with the Leonard
Lansburgh Augmentation Plan approved by the Division 5 Water Court in case no. 01CW0237. The annual
withdrawal of ground water from this well shall not exceed 1.02 acre-feet.
So long as the applicant continue to adhere to the conditions of approval of well Permit No. 74753-F, this office
has no objection to the proposed application. Any increase in use, beyond those uses described by Permit No.
74753-F, will require the issuance of a new permit. If you or the applicant have any questions please feel free to
contact me at this office.
Sincerely,
Ivan Franco, E.I.T.
Water Resources Engineer
111
P 303.866.3581 / F 303.866.2223
1313 Sherman Street, Room 818, Denver, CO 80203
ivan.franco@state.co.us / www.water.state.co.us
1
Glenn Hartmann
From: Bill Gavette [gavette@carbondalefire.org]
Sent: Friday, September 05, 2014 2:42 PM
To: Glenn Hartmann
Subject: Big Juniper ADU
Glenn,
I have reviewed the application for the proposed Big Juniper ADU. I have no issues with the proposal.
Thanks,
Bill Gavette
Deputy Chief
Carbondale & Rural Fire Protection District
www.carbondalefire.org
970-963-2491
FIRE - EMS • RESCUE
Glenn Hartmann
From: Michael Prehm
Sent: Thursday, August 21, 2014 9:10 AM
To: Glenn Hartmann
Subject: Big Juniper LLC, ADU
Glenn,
The address at 3765 County Road 103 has a driveway that meets current Driveway Standards, and because the driveway
sight distance is very good in both directions, I don't have any concerns with the ADT's. We have had no issues in the
past with snow removal or drainage at this site. A driveway permit would not be necessary from us for this additional
dwelling unit.
Any questions please let me know.
Mike Prehm
Garfield County Road & Bridge
Foreman/Glenwood District
(970) 945-1223 Office
(970) 945-1318 Fax.
(970) 618-7109 Cell
1
✓� Garfield County
195 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: Glenn Hartmann
Public Health
September 10, 2014
Hello Glenn,
My comments for the Accessory Dwelling Unit are as follows:
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
1. Drinking Water: After reviewing the water quality samples from National Testing
Laboratories, LTD., and Snowmass Water and Sanitation, it appears that the two
contaminants that were detected above the standard were iron bacteria and hardness.
Public Health recommends that a treatment system be installed for water from the well
that is purposed for consumptive uses.
2. OWTS: Public Health recommends a condition of approval that an inspection of the
OWTS by a NAWT certified inspector be conducted to verify that all components of the
OWTS are in working order, that the proposed additional soil treatment area (STA) is
surveyed to see how much space is available, and that a test pit be excavated to
determine the quality of the soils in the proposed additional STA. If these are not
adequate to assimilate additional capacity, we recommend the installation of a separate
OWTS for the additional home.
a. Public Health also recommends that any upgrades to the OWTS adhere to the
new regulations implemented in July of this year; however, we defer to the chief
building official for a decision on this subject.
Thank you,
Morgan Hill
Environmental Health Specialist III
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
?1
f2.
Garfield County Public Health Department — working to promote health and prevent disease
August 28, 2014
Garfield County
Glenn Hartmann
Garfield County Community Development Department
RE: Big Juniper ADU GAPA-7986
Dear Glenn,
Thank you for the opportunity to comment on this permit.
Noxious weeds map & inventory
Vegetation Management
Staff requests that the applicant provide a noxious weed map and inventory of all Garfield County listed noxious weeds.
The current list is attached. Of particular concern on this site are Canada thistle, plumeless thistle, Oxeye Daisy and
absinth wormwood.
Weed management plan
Please provide a weed management plan that will address the treatment of any inventoried noxious weeds found on site.
Staff is available to assist with the inventory.
Please let me know if you have any questions.
Sincerely,
Steve Anthony
Garfield County Vegetation Manager
0375 County Road 352, Bldg 2060
Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939
GARFIELD COUNTY NOXIOUS WEED LIST
Common name
Leafy spurge
Russian knapweed
Yellow starthistle
Plumeless thistle
Houndstongue
Common burdock
Scotch thistle
Canada thistle
Spotted knapweed
Diffuse knapweed
Dalmation toadflax
Yellow toadflax
Hoary cress
Saltcedar
Saltcedar
Oxeye Daisy
Jointed Goatgrass
Chicory
Musk thistle .
Purple loosestrife
Russian olive
Absinth wormwood
Scientific name
Euphorbia esula
Acroptilon repens
Centaurea solstitalis
Carduus acanthoides
Cynoglossum officinale
Arctium minus
Onopordum acanthium
Cirsium arvense
Centaurea maculosa
Centaurea diffusa
Linaria dalmatica
Linaria vulgaris
Cardaria draba
Tamarix parviflora
Tamarix ramosissima
Chrysanthemum leucantheum
Aegilops cylindrica
Cichorium intybus
Carduus nutans
Lythrum salicaria
Elaeagnus angustifolia
Artemesia absinthium *note
Colorado Listed noxious weed.
this is a