HomeMy WebLinkAbout2.0 Staff Report PC 12.14.05REOUEST
APPLICANT / OWNER
LOCATION
PROPERTY SIZE
SITE DATA
WATER
SEWER
ACCESS
EXISTING ZONING
COMPREHENSTVE PLAN
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Sketch Plan: Willow Ranch Subdivision
Hany & Colleen Colborn
I mile south of the City of Rifle east of and adjacent to
Rifle Village South
29.72 acres
12 residential lots (lots average 2+ acres)
City of Rifle
ISDS / City Sewer
County Road 320 (Rifle-Rulison Road)
ARRD
City of Rifle Designation: Parks / Open Space / Major
Trail Corridor & Developing Single and Multi-Family
Residential
PROJECT INFORMATION AND STAFF COMMBNTS
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I. GENERAL PROJECT INFORMATION
TheAp-plicantpropoSeStosubdividea29.72acrepropertyinto12residentiallotsthatare
approximately 2-acres in size each and accessed by a 50-foot wide internal subdivision road. The
piop.rty is generally located about 1 mile south of the City of Rifle (south of the Colorado River)
und
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of and adjacent to the Rifle Village South Subdivision. The property is bordered on the
south by CR 320 (Rifle-Rulison Road) and by Village Road on the western border providing
several opportunities for access.
The most significant physical features on the property include Helmer Gulch (an ephemeral
stream) which bisects the property in a southwest / northeast direction, the Last Chance irrigation
ditch, and the fact that the property lies entirely within the 100-year floodplain. Wetlands areas
have been formally delineated along the Gulch as well. There are number of cottonwood trees
along the Gulch. An existing driveway provides access to the western portion of the property off
of Village Drive. There appears to be a driveway off of County Road 320 that was constructed to
provide access to the eastern portion of the property. The property slopes from County Road 320,
in a northwesterly direction. The majority of the property is fairly flat.
Improvements made to the property include the recent construction of a single-family dwelling
which required the approval of a Special Use Permit from the Board of County Commissioners in
2C/Jl3. Work has also been done to reduce the steep slopes of Helmer Gulch.
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fne prope.ty is located in the Urban Area of lnfluence of the City of Rifle. In such a case, the
future divelopment of a parcel in this area shall adhere to the City of Rifle's Comprehensive Plan
which the Planning Commission has adopted as the governing document. In this case, that map
shows the property lying in two areas
including 1) Parks / Open Space / Major
Trail Corridor, and 2) Developing Single
and Multi-Family Residential. See the map
depicted to the right showing these
designations with the approximate boundary
of the property shown in black.
The Applicant shall be required to
demonstrate how the proposed development
conforms to and is consistent with the goals,
objectives, policies, and land use map of the
Comprehensive Plan in the Preliminary Plan
application.
This is particularly interesting because the
City of Rifle envisions a much higher
residential density in that area served by City services. In a conversation with the Rifle's Planning
Staff, the City is not prepared to extend water / sewer to this property as of yet but does consider
it at some point in the future. Further, a large portion of the property is not designated for
residential development at all. It appears, the map shows that residential development only occur
east of Helmer Gulch and slightly north of CR 320 which is approximately Il3 of the property.
Obviously, the City's Parks / Open Space I Trail designation conflicts with the County's
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underlying zoning and Comprehensive Plan which both say residential development is suitable tat
that location.
The City of Rifle Comprehensive Plan identifies the property as being located in an area with
Septic System Constraints as well as being located entirely within the 100 year floodplain. One of
the "Future Land Use Policies and Actions" in Rifle's Plan includes the following language:
Preserve sensitive natural resources such as steep slopes (over 20Vo), drainages,
ditches, and major portions o.f the 100-)tear flood.frinee as open areas. Wherever
possible, link these resources to create an integrated open space system
throughout the City. These lands may be in private or public ownership and
maintained through a variety of means.
The property is also located in "Character District 3" which is more commonly referred to as
South Rifle. One of the Future Land Use Actions described in that section includes
Consider annexation of lands contiguous to the city boundaries for mixed density
residential development. Development should be carefully planned to preserve the
l)Olear .flood .frinqe. As development occurs, create an interconnected road
pattern which helps relieve pressure on CR 320. Work with County and
developers in this area to upgrade CR 320 so that it meets City standards as
development occurs.
Upon an initial review, it appears the proposed development plan has not acknowledged these
Future Land Use Policies and Actions in the City's Comprehensive Plan which serves as the
adopted guide for development in this area of the County. The Applicant will be required to
demonstrate that their development conforms to and is consistent with the goals, objectives,
policies, and land use map of the City of Rifle's Comprehensive Plan in the Preliminary Plan
application.
III. APPLICABLE ZONING REGULATIONS
The following is an analysis of the proposed development with the required zoning regulations of
the ARRD zone district.
A. Proposed Uses in ARRD Zonine
The Applicant proposes single-family residential development on all lzlots which is a "use by
right" in the A/R/RD zone district and is therefore consistent with the underlying zone district.
For other uses, the Applicant should consult Section 3.02 of the Zoning Resolution.
B. Common Dimensional Requirements in ARRD Zonins
1. Minimum [,ot Size of 2 acres: The Applicant proposes the 29.]2-acre property be
subdivided into four (12) lots that are approximately 2+ acres
proposed acreage satisfies the minimum lot size in the zoning
2. Maximum Lot Coverage: Fifteen percent (157o)
each. This
3. Minimum Setback:
o Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty
(50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet
from street centerline or twenty-five (25) feet from front lot line, whichever is
greater;
o Rear yard: Twenty-five (25) feet from rear lot line;
o Side yard: Ten (10) feet from side lot line, or one-half (Il2) the height of the
principal building, whichever is greater.
4. Maximum Height of Buildings: Twenty-five (25) feet
C. Floodplain Reeulations
fn" p-poty ti"r orti."ty *ithin the 100-year floodplain as regulated by FEMA and depicted on
the map to th" right with the approximate boundaries of the property outlined in black. Any
development in the FEMA
regulated floodplain requires a
Special Use Permit from the Board
of County Commissioners.
Specifically, Section 6.08 of the
Znning Resolution of 1978, as
amended provides an
administrative procedure to obtain a
floodplain Special Use Permit
which includes the following
requirements:
1) To assure that all necessary permits have been received from those goventmental
agencies from which approval is required by Federal or State l-aw, including Section
lbl oytne Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1344.
2) To determine whether proposed building sites will be reasonably safefromflooding, and
that the structure will be in compliance with the applicable provisions for uses and
standards for construction set forth in this Resolution.
3) To determine if the proposed development is located in the Jloodway. If located in the
floodway, assure that encroachment provisions of Section 6.09.01(1) (A) are met.
4) To assure that adjacent communities, the Colorado Water Conservation Board and
Federal Emergency Management Agency have been notified of the proposed
watercourse alteration or relocation.
5) To assure that the carrying capacity of the altered./relocated watercourse is maintained.
The Applicant shall also specifically address the following review criteria for development in
the floodplain pursuant to Section 6.09.02 of the ZnningResolution:
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(1) Prohibited Uses and Activities. The following uses and activities are prohibited in the
Flood Fringe/Flood Prone Areas:
A. The development, use, fill, construction, substantial improvement or alteration on or
above any portion of the Flood Fringe or Flood Prone Areas which alone, or
cumulatively with other activities, would cause or result in the danger of substantial
solid debris being carried downstream by Jloodwaters.
B. The storage or processing of materials that in times of flooding arebuoyant,
flammable, explosive or otherwise potentially injurious to human, animal or plant
life.
C. The disposal of garbage or other solid waste materials.
D. Any obstruction which would adversely affect the fficiency of or restrict the flow
capacity of a designated floodplain so as to cause foreseeable damage to others.
(2) Permissible Uses. AU Special Uses permitted in the Floodway, and all lawful uses
permitted by the underlying zoning, subject to Section 6.09.02(1) of this Regulation and the
regulations concerning the Special Use Permit, are permined in the Flood Fringe and Flood
Prone Areas.
(j) Performance Standards. The following performance standards must be met for
development in the Flood Fringe or Flood Prone Areas:
A. The lowest floor, including basement, of any new or substantially improved building
designed for residential occupancy shall not be less than one (l) foot above the
maximum water elevation of the 100 Year Flood.
B. AU new construction or substantial improvements shall be reasonably safe from
flooding.
C. Any new construction or substantial improvement designed for commercial or
industrial uses shall either:
Elevate the lowest Jloor level, inclu"ding basement, to not less than one (1) foot
above the maximum water surface elevation of the 100 Year Flood; or
Provide Jlood-proofing improvements so that below an elevation of one (1) foot
above the maximum water elevation of the 100 Year Flood, the structure,
together with attendant utility and sanitary facilities, is water tight with walls
substantially impermeable to the passage of water. Structural components shall
be capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. Evidence shall be submitted and certified by a registered
professional engineer or architect that the flood proofing meet the standards as
set forth herein.
(i)
(ii )
Any proposed development shall be reviewed by the Floodplain Administrator to
insure thqt the potential for Jlood damage by the 100 Year Flood is minimized, that
all public utilities and facilities are located, designed and constructed so as to
minimize damage by the 100 Year Flood and that adequate drainage is provided to
reduce exposure to Jlood hazards.
All new construction or substantial improvements shall be designed and adequately
anchored to prevent flotation, collapse or lateral movement, be constructed with
materials and utility equipment resistant to flood damage, and be constructed by
methods that minimize flood damage.
New or replacement water supply systems and sanitary sewage systems shall be
designed so as to minimize or eliminate infiltration of floodwaters. On-site
individual sewage disposal systems shall be located so as to avoid impairment of
them or contaminationfrom them during a 100 Year Flood.
As a result of the property being located in FEMA's flood fringe of the 100-year floodplain, the
Applicant must obtain Special Use Permit approval for residential structures on each lot
requirirg that building envelopes be established on each lot showing the 100-year base flood
elevation in each building envelope. This request for Special Use Permit approval can occur
concurrently with the Preliminary Plan application. In this way, future lot owners will be placed
on notice as to the fact that 1) all of the lots are located in the floodplain, and 2) there are
specific requirements of what and how to construct on their lots. This shall be disclosed in both
the plat notes and protective covenants.
D. Lot Area Resulations
fhere are several lots (Lots 1, 10, l l, and 12) which are encumbered by a variety of easements
including a 15-foot City of Rifle pipeline easement, a 5O-foot gas line easement, as well as areas
that would either fall in slopes of greater than 40Vo within Helmer Gulch and any delineated
wetlands along Helmer Gulch. Based on these apparent constraints, the Applicant should be
sure to demonstrate that each of those lots, pursuant to Section 5.04.02(2) have a minimum
building envelope of 1 acre in an area that has less than forty percett (4OVo) slopes. In some
cases, the l-acre building envelope may be challenged by existing easements. This would need
to be specifically addressed in the Preliminary Plan application.
IV. APPLICABLESUBDIVISIONREGULATIONS
The foll,owing section addresses common subdivision components that will need to be addressed
as part of any Preliminary Plan and Final Plat submittal to the County'
A. Domestic & Irrisation Water
The Applicant proposes to provide domestic water to the 12 lots from an existing 8-inch water
main in the existing 5O-foot Public Road Dedication and Utility Easement which is also
proposed to be the alignment for the internal subdivision road. This water is provided from the
City of Rifle in a pre-annexation Agreement that is exclusively for the single-family dwelling
only and not for the proposed development. The Applicant proposes to obtain water from the
City of Rifle by way of this water main. In doing so, the Applicant shall need to amend the
existing pre-annexation agreement and also provide proof of the ability to access such water
D.
E.
F.
which shall include an "Intent to Serve" letter from the City of Rifle that also shows their legal
and physical ability to provide such water.
Regarding irrigation, the Applicant is required to provide a source of adequate irrigation water
to each lotpursuantto Seciion 9:51 of the Subdivision Regulations. The Applicant stated this
may be provided by water rights owned by the Applicant. Proof of these rights shall be
submitted with the Preliminary Plan application.
Other requirements for the Preliminary PIan application include the following:
Section 4:91 of the Subdivision Regulations requires that a water supply plan, at the same
scale as the Preliminary Plan, shall provide the following information in graphic and./or
writtenform:
A. In all instances, evidence that a water supply, sfficient in terms of quality, quantity and
dependability, shall be available to ensure an adequate supply of water for the proposed
subdivision. Such evidence may include, but shall not be limited to:
l. Evidence of ownership or right of acquisition or sue of existing and proposed
water rights;
2. Historic use and estimated yield of claimed water rights;
3. Amenability of existing right to change in use;
4. Evid.enc" ihot public or private water owners can and will supply water to the
proposed subdiviiion, including the amount of water available for use within the
subdivision by such providers, the feasibility of extending service to the area, proof
of the legal clependability of the proposed water supply and the representation that
all neceisary water rights have been obtained or will be obtained or adiudicated,
prior to submission of the final plat; and
5. Evidence concerning the potability of the proposed water supply for the
subdivision.
B. If a central supply and distribution system is to be provided, a general description of the
system, as designed by a Colorado registered engineer. In addition:
l. Nature of the legal entity which will own and operate the water system; and
2. Proposed method of financing the water system.
C. If connection is to be made to an existing water system, a letter from an authorized
representative of said system staging that the proposed development will
evidence from either the Colorado State Engineer's Office or Water Court,
No. 5, that the existing water system presently possesses adequate legal
be served, and
Water Division
water supply to
serve the proposed develoPment;
D. If individual water systems shall be provided by lot owners, a report indicating the
oroilobtlity of ample potable ground water at reasonable depths throughout the subdivision
and the expicted quitity and long-term yield of such wells, with the written report by a
registered-professional engineer licensed by the State of Colorado, qualified to perform
such work; and
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E. If applicable, a Plan of Augmentation and a plan for subdivision water supplies, as
required by law, with the supporting engineering work signed by a Colorado registered
engineer, shall be submitted by the applicant, even if the applicant is not the actual supplier
of water.
Section 9:51 requires an adequate potable and irrigation water supply shall be available to
all lots within a subdivision, taking into consideration peak demands to service total
development population, irrigation uses, and adequate fire protection requirements in
accordance with recognized and customary engineering standards.
9:52 Individual wells may be used as the water supply, provided the applicant has submitted
the required documentation to the appropriate water court, and the Colorado Division of
Water Resources will approve well drilling permits for all lots within the development.
9:53 Central water systems shall be designed by an engineer qualified to design water
systems and be a registered professional engineer licensed by the State of Colorado.
Central water and treatment and storage facilities shall be approved by the Colorado
Department of Health. All lines in a central water system should be looped, with no dead
ends included in the system. Where dead ends are proposedfor cul-de-sacs, there will either
be afire hydrant or blow-offvalve at the end of the line.
9:54 Water supply stems, on-lot or otherwise located in a Jloodplain, shall be designed to
minimize or eliminate infiltration and avoid impairment during or subsequent to Jlooding.
9:55 All water mains shall be a minimum diameter of four inches (4"), provided storage
facilities adequate for fire protection are available.
B. Waste Disposal
The Applicant plans to connect to an existing City of Rifle sewer main located in Village Drive
just west of the property. The Applicant proposes to design a gravity sewer system to serve as
many lots as possible. However, because some of the eastern lots are too low, the Applicant
may proposes those lots to have ISDS rather than hook onto the central sysiem. The Applicant
shall provide proof of the ability to access such sewer which could include a pre-annexation
agreement and an "Intent to Serve" letter from the City of Rifle.
Lastly, the soils on the property are predominantly Arvada Loam (1 to 6 7o\. Use of these soils
for sanitary facilities, community development, and as a source of construction is limited by the
high shrink-swell potential, slow permeability, clayey textures, and high salinity. In such cases,
it is common for the County to require that tndividual Sewage Disposal Systems shall be
engineered by a Professional Registered Engineer within the State of Colorado.
C. Roads / Access
The property is fronted to the south by CR 320 (Rifle-Rulison Road) and by Village Drive on
the west boundary. The Applicant appropriately proposes an internal subdivision road designed
to the Rural Access design standards in Section 9:35. This design includes a 50-foot right ROW,
two ll-foot lanes and a gravel driving surface. The road provides a connection through the
subdivision from CR 230 to Village Drive. All lots would be required to gain access off of this
new road and not directly from either CR 230 or Village Road.
As required by Sectiong:34, all streets are to be dedicated to the public but all streets will be
constructed to standards consistent with these regulations and repair and maintenance shall be
the responsibility of the HOA of the subdivision.
D. Fire Protection
The property is located in the Rifle Fire Protection District. As such the Applicant shall be
required to address the following sections of the subdivision regulations in the Preliminary Plan
application.
9:71 Subdivision fire protection plans shall be reviewed by the appropriate fire protection
district to ensure that all lots have primary and secondary access points to escape ftre
entrapment.
9:72 Where a central water system has fire hydrants, all fire hydrants shall meet the
specifications for the appropriate fire protection agency, particularly with regard to thread
size on the fire hydrants.
9:74 Water used for fire protection purposes does not have to be potable water and may be
from a source separate from the domestic supply.
E. Drainage
The property slopes in a relatively gentle manner from the south to north towards the Colorado
River. As mentioned earlier, Helmer Gulch is the most significant drainage feature on the
property. The application states that roadside ditches will be used to mitigate and contain
stormwater runoff. The Applicant will be required to address the following:
4:80 SUPPLEMENTAL INFORMATION: DRAINAGE PIAN
A drainage plan, at the same scale as the Preliminary Plan and prepared by an engineer
registered in the State of Colorado, shall depict the following information in graphic and/or
writtenform:
A. Existing water courses and lakes;
B. Limits of tributary areas, where practical;
C. Computations of expected tributary Jlows; and
D. Design of drainage facilities to prevent storm waters in excess of historic run-off
from entering, damaging or being carried by existing drainage facilities, and to
prevent major damage or flooding of residences in a one hundred (100) year storm,
showing:
l. Area subject to inundation; and
2. Location and size ofproposed culverts, bridges, ditches and channels.
9:41 Drainage easements, channels, culverts and required bridges shall be designed by an
engineer registered in the State of Colorado.
9:42 All drainage facilities shall be designed based on a twenty-five (25) year frequency
storm.
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9:4j Where new developments create run-off in excess of historic site levels, the use of
detention ditches and ponds may be required to retain up to a one hundred (100) year
storm.
9:44 All culverts shall be designed such that the exposed ends are protected by encasement
in concrete or extended a minimum of three feet (3') beyond the driving surface on each
side. Culverts, drainage pipes and bridges shall be designed and constructed in accordance
with AASHO recommendations for an H-20 live load.
F. Wildlife
No information was provided regarding the issue of wildlife. The Applicant shall be required to
address the following at preliminary plan:
4:70(D) Wildlife - Description of wildlife habitation, including big game ranges based on
the mapping practices of the Colorado Division of Wildlife.
G. Soils / Geoloev
The soils on the property are predominantly Arvada Loam. Use of these soils for sanitary
facilities, community development, and as a source of construction is limited by the high
shrink-swell potential, slow permeability, clayey textures, and high salinity. In such cases, it is
common for the County to require that all foundations shall be engineered by a Professional
Registered Engineer within the State of Colorado.
Applicant shall also address the following section in the Subdivision Regulations for
preliminary plan:
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND
WILDLIFE
Information on the following characteristics of the area proposed for subdivision shall be
shown graphically and,/or by reports, whatever is appropriate, for a complete description of
existing conditions, and shall include:
A. Geology - Description and./or illustration by a registered professional engineer licensed
by the State of Colorado of bedrock lithology and the stratigraphy of overlaying
unconsolidated materials in sfficient detail to indicate any potential development
problems resulting from groundwater, subsidence, instability in road excavations and ills,
expansive soils, drainage patterns, structural bearing strength, or the like;
H. Yeeetation
The Applicant shall be required to provide a weed management plan to be approved by the
County Vegetation Manager as well as provide a revegetation security prior to final plat to
ensure that any required revegetation is established for improvements made in the subdivision.
The Applicant shall also address the following section in the Subdivision Regulations:
4:70 SUPPLEMENTAL INFORMATION: GEOLOGY, SOIL, VEGETATION AND
WILDLIFE
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L Vegetation - Map and description of plant associations following practices of the Soil
Conservation Service and including a description of adapted materials and the location of
major tree masse*
J. Mineral Estate
It is unclear if the property's mineral estate has been severed and is owned or leased to another
party. If so, the Applicant shall include a plat note on the final plat stating the following: "The
mineral rights associated with this property have been partially or wholly severed and are not
fully intact or transferred with the surface estate therefore allowing the potential for natural
resource extraction on the property by the mineral estate owner(s) or lessee(s)."
K. Easements
There are a number of easements shown on the property which encumber several of the lots
(Lots 1, and 10- 12). This may be cumbersome for future lot owners to negotiate building
locations etc. The proposed internal road design also coincides with an existing Public Road
Dedication. The Applicant shall provide the recorded documents establishing the easements as
part of the Preliminary Plan for review by the County Legal Staff.
L. Assessment / Fees
The property is located in Traffic Study Area I which requires a $4.00 per average daily trip
(ADT) fee be paid to the County in a traffic impact fee. This fee will be figured at the time of
final plat. The Applicant could expect to pay an approximate fee of $459.36 of which /z shall be
paid at final plat and included as a component of the Subdivision Improvement Agreement
(SIA). The remaining half shall be divided among the lots to be paid at the time building
permits are submitted to the County for individual lot development.
The development is also located in the RE-2 School District. As such the developer is required
to pay the appropriate School Site Acquisition Fee to be paid at final plat and included as a
component of the Subdivision Improvement Agreement (SIA). This fee is generally calculated
as $200 per residential unit.
M. Recommended Plat NoteV Covenants
Please be aware, the County requires the Applicant place the following plat notes be included
on the final plat and in protective covenants:
Colorado is a "Right-to-Farm" State pursuant to C.R.S. 35-3-101, et seq. I-andowners,
residents and visitors must be prepared to accept the activities, sights, sounds and
smells of Garfield County's agricultural operations as a normal and necessary aspect of
living in a County with a strong rural character and a healthy ranching sector. All must
be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery
on public roads, livestock on public roads, storage and disposal of manure, and the
application by spraying or otherwise of chemical fertilizers, soil amendments,
herbicides, and pesticides, any one or more of which may naturally occur as a part of a
le gal and non-ne gligent agricultural operations.
No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision.
One (1) new solid-fuel burning stove as defied by C.R.S.25-7-401, et. sew., and the
regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling
l1
1.
2.
units will be allowed an unrestricted number of natural gas burning stoves and
appliances.
All owners of land, whether ranch or residence, have obligations under State law and
County regulations with regard to the maintenance of fences and irrigation ditches,
controlling weeds, keeping livestock and pets under control, using property in
accordance with zoning, and other aspects of using and maintaining property.
Residents and landowners are encouraged to learn about these rights and
responsibilities and act as good neighbors and citizens of the County. A good
introductory source for such information is "A Guide to Rural Living & Small Scale
Agriculture" put out by the Colorado State University Extension Office in Garfield
County.
All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward and downward towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
5. One (l) dog will be allowedfor each residential unit and the dog shall be required to be
confined w ithin the owner' s prope rty boundarie s.
6. The mineral rights associated with this property have been partially or wholly severed
and are not fully intact or transferued with the surface estate therefore allowing the
potential for natural resource extraction on the property by the mineral estate owner(s)
or lessee(s).
7. All foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
A. Sketch Plan Comments and Preliminary Plan Review
The Sketch Plan comments shall be valid for a period not to exceed one (l) year from the date
of the Planning Commission review. If a Preliminary Plan for the proposed subdivision is not
presented to the Garfield County Planning Commission by that date, the Applicant will have to
submit an updated Sketch Plan application to the Planning Department for review and
comparison with the original application.
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