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HomeMy WebLinkAbout2.0 PC Staff Report 04.14.2010April 14, 2010 Planning Commission Exhibits Marquis Preliminary Plan Application Exhibit Letter (A to Z) Exhibit A Proof of Public Notice Publication B Proof of Mailing C Garfield County Unified Land Use Resolution of 2008, as amended D Garfield County Comprehensive Plan of 2000, as amended E Application F Staff Report G Staff Presentation H Undated letter from Jake Mall, Road & Bridge I Email dated February 23, 2010 from Jim Rada, Environmental Health J Letter dated March 3, 2010 from Perry Will, Colorado Division of Wildlife K Email dated March 6, 2010 from Bill Gavette, Carbondale & Rural FPD L Letter dated March 11, 2010 from Karen Berry, Colorado Geologic Survey M Memo dated March 11, 2010 from Steve Anthony, County Vegetation A A*.1' Ps m 1. p2tsFMrl1-unM 0 L 7 13ikA1:3 P vs toM tl 'Ai - cl* PROJECT INFORMATION AND STAFF COMMENTS REQUEST Subdivision Preliminary Plan PROPERTY OWNER Ce -Mar -Sam Co, LLLP REPRESENTATIVE Davis Farrar, Western Slope Consulting LOCATION ACCESS EXISTING ZONING COMPREHENSIVE PLAN Marquis Subdivision PC 4/14/10 KE North of Highway 82 at 955 Crystal Springs Mountain Road Section 23, Township 7 South, Range 88 West County Road 112 Rural 7-4 Biu Residentia+Low Density I. GENERAL PROJECT DESCRIPTION The proposed Marquis Subdivision seeks to create two lots from a 50.7 -acre parcel legally described as Lot 1 of the Marquis/Wallbank Boundary Adjustment Plat. The proposed Tots will be utilized for residential use; two existing units on proposed Lot 1A, a 45.7 -acre parcel; and one additional unit on proposed Lot 1B, a 5 -acre parcel. 7S.tert,40TM 447,4 FTY, OCL tADO The function of the preliminary plan review is to evaluate the feasibility and design characteristics of the proposed subdivision based on the standards contained in Article VII of the Unified Land Use Resolution of 2008, as amended. This process also includes review of preliminary engineering design as well as compliance with the Garfield County Comprehensive Plan. d.t History/Background - This parcel was part of a property subject to an exemption approved by the BOCC in 1980 by Resolution 80-316. A subsequent boundary line adjustment (BLA) plat was recorded in 1981 (see adjacent map) which created the 50.7 acre parcel that is the subject of the current application. The Marquis property has approval for a Special Use for a Guesthouse pursuant to Resolution 82-217. 1 Marquis Subdivision PC 4/14/10 KE II. LOCATION AND SITE DESCRIPTION Located on CR 112, Crystal Springs Mountain, this site is located north of Highway 82 and east of the Town of Carbondale. The proposed Marquis Subdivision currently consists of a single family home, a garage/barn containing a guesthouse, and tennis courts. The land is primarily agricultural in nature, fairly level across the site then rising to the north and west. A vegetated knoll is located in the central portion side of the property along the county road, and will provide screening of the new dwelling from the current residence and traffic traveling south on CR 112. III. ZONING AND ADJACENT USES As you can see from the zoning map below, the parcel and the surrounding area is zoned Rural with the adjacent properties utilized for agriculture and single family use. IV. REFERRAL AGENCIES Comments have been requested from the following agencies and comments received and are integrated throughout this memorandum as applicable. 1. Road and Bridge: EXHIBIT H 2. Vegetation Management: EXHIBIT M 3. Environmental Health: EXHIBIT I 4. Resource Engineering (on behalf of County): No comments received 5. Division of Water Resources: No comments received 6. Colorado Geologic Survey: EXHIBIT L 7. Colorado Division of Wildlife: EXHIBIT J 8. Carbondale FPD: EXHIBIT K 9. Soil Conservation District: No comments received 10. RE -1 School District: No comments received 2 11. Town of Carbondale: Town response was "No comment" V. COMPREHENSIVE PLAN This site is located in Study Area 1 within the Comprehensive Plan. The adjacent Land Use Districts Map, Study Area 1, indicates that the site is appropriate for residential density in a range of 6 to <10 acres per dwelling unit. This subdivision is in conformance with the Residential Medium Density Designation. The Goals, Objectives, Policies and Programs of the Comprehensive Plan were reviewed and the proposal is in general compliance with applicable components of the Plan, including Housing, Transportation, Compatibility and Agriculture. VI. REVIEW CRITERIA & STANDARDS Marquis Subdivision PC 4/14/10 KE Subdivision Preliminary Plan Reviews submittal requirements include the following sections of the ULUR. The criteria and standards for review are listed in bold italics below, followed by a Staff Response. A. Section 4-502 (C)5. Landscape Plan Landscape Plan. Landscape plans shall be scaled at 1 inch to 200 feet for properties exceeding 160 acres in size, or 1 inch to 100 feet for properties less than 160 acres in size. The landscape plan shall include the following elements. a. Topographic information at least two (2) foot contour intervals. b. Location of all lot lines and improvements to the property, and location of any easements of record. c. Identification of all existing deciduous tree and coniferous trees of six inches (6") in caliper or greater, and which trees will be preserved and which tress will be removed or relocated; areas where other existing vegetation will either be preserved or removed; the type, location, size and number of plants that will be installed; specified seed mixtures. d. An estimate of the cost of supplying and installing the materials depicted in the landscape plan. e. A description of the proposed program to maintain the landscaping after it has been installed. 3 Marquis Subdivision PC 4/14/10 KE Staff Response: A Landscape Plan was submitted as shown below. The plan contains all of the required components, including identification of existing vegetation and improvements on the site. LANDSCAPE PLAN Marquis Subdivision A Parcel of Land in , NW, NB Section 23, Township 7 SouiL Range 88 Won of tie 6th PM. Garfield Couny. Colorado Stroetw. Sir, Liiarm • Lm it Space (LS 141111 67 Glowed Ale. C•rOahe CO 1I5Li 90,X3 -311C 1. TM row ,rw►1 w,lw•)r.) 1....••••••,•• rm.,lnea •.ter+.+10. been wDb wer• t..�•��wAe Inv aspw.••.1 dl.gamy. e.14 a b..yr M. OD MAI rmpll■Lmry; Pml Nt. Cl•ns Twl rlave k5,ml An. 50: Aare Taal Mask, ofLSPfls..d: Twl "W .: al mane[ D•elbr Wit I. Taal M.1..-.11.411, 11.s Ynp1t 1 N,. Ptp..iAro of'...alt.w.IHasSpoor TOW UNnof Lar16al*IAi.. Plupwied MrEach 5lnxwe: (srpe'YSIfS .l5,... U•. Taal Pnpr)e0 Dewily 1 U•169 Amo Amey Landscaping of the site will driveway, leach field, and single family home. Steve Anthony, County Vegetation Manager, responded to the referral, EXHIBIT M, that the disturbed area will be less than the one acre minimum for which security is required. Mr. Anthony is requesting treatment of the noxious weeds on-site prior to July 31, 2010, see adjacent. Staff recommends that a condition of approval require this treatment and consist of revegetation of areas disturbed during construction of the Noxious Weeds Marquis Property provision of adequate records to Mr. Anthony. 4 Marquis Subdivision PC 4/14/10 KE B. Section 4-502(D) Land Suitability Analysis 1. Public Access to Site. Show historic public access to or through the site. Staff Response: A driveway currently exists to the site, otherwise it does not appear that historic public access occurs through the site. 2. Access to adjoining Roadways. Identify access to adjoining roads and site distance and intersection constraints. Staff Response: A driveway currently serves the site (proposed Lot 1A) however Road & Bridge, EXHIBIT H, has requested that the Applicant demonstrate the existence of a Driveway Permit or they must obtain a Driveway Permit from Road & Bridge. A driveway is proposed to be constructed to serve Lot 1B which has frontage on CR 112. Lot 1B will be required to obtain a driveway permit from Road & Bridge. 3. Easements. Show all easements defining, limiting or allowing use types and access. Staff Response: It does not appear that any formal easements of record exist on the site, however prescriptive easements associated with the Park Ditch and utility services occur on the parcel. 4. Topography and Slope. Topography and slope determination. Staff Response: The Landscape Plan indicates steep slopes on the northern and western portions of the parcel, and the geologic hazard map designates "moderate hazard" in those areas. The applicant has provided sufficient information regarding topography and slope and all improvements are located outside of the areas of concern. 5. Natural Features. Significant natural features on-site and off-site. Staff Response: The Park Ditch appears to run through the center of this property however it is not shown on any of the plans. The other significant on-site feature is the knoll along CR 121 which screens the existing improvements from the road. This knoll will also provide screening of the proposed home when traveling south on CR 121 and from the existing home. 6. Drainage Features. Existing drainages and impoundments, natural and manmade. Staff Response: The Applicant has stated that there are no significant existing drainages or impoundments on the site. 7. Water. Historic irrigation, tailwater issues, water demands, adequate water supply plan pursuant to Section 7-104. Staff Response: Historic irrigation of the site is from the Park Ditch, in which the current owner holds an interest. Potable water is provided to the existing unit(s) from a late -registered well and 5 Marquis Subdivision PC 4/14/10 KE an exempt well permit has been issued for Lot 1B. The adequacy of the water supply is required to be demonstrated (at Preliminary Plan) by provision of information regarding well pumping rates for wells located proximate to the proposed site; provision of pump tests and water quality tests will be required with the submittal of the Final Plat application. 8. Floodplain. Flood plain and flood fringe delineations. Staff Response: The site is not contained within a mapped flood plain or flood fringe. 9. Soils. Soils determination, percolation constraints, as applicable. Staff Response: The Applicant provided a determination of Soils and Foundation Investigation performed by CTL Thompson who recommends engineer -designed foundations and septic systems due to variations in subsurface conditions. Boundaries Unlimited has provided a management plan which staff recommends be recorded and noticed on the final plat to assure compliance with this plan. This requirement is due to the fact that an HOA will not be formed, and which typically would enforce such a plan. 10. Hazards. Geologic hazards on-site, and adjacent to site. Staff Response: As shown right, the site does contain areas of geologic hazard in the form of Moderate Slope -Related Hazards, however no improvements are proposed to be located within this area. The Applicant provided a Geologic Hazard Evaluation performed by CTL Thompson and geotechnical risk states "It is critical that all recommendations in this report are followed during construction." Staff has added a condition regarding the compliance with CTL Thompson recommendations, particularly that engineer -designed foundations and septic systems be required in this subdivision. A note should be required to appear on the final plat stating this requirement. Karen Berry of CGS has reviewed the application, EXHIBIT L, and states that the recommended mitigation measures and report are very thorough. 11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration routes. Staff Comments: Jonathan Lowsky of Colorado Wildlife Science, LLC performed a Wildlife and Ecological Assessment of the site and provided the Vegetation and Topography Map of the Marquis Subdivision, below. 6 Marquis Subdivision PC 4/14/10 KE Mr. Lowsky makes several recommendations regarding mitigation measures that should be implemented, including fencing standards to be compatible with wildlife movement, preservation tOIO _ E WTtllllrr hl7INCV.iLP/In 116 to cqt <yv'yt�cr. w Vegstatlon & Topography Marquis Property u..,.. sune.,.- a -- .stn epan Y+M of natural vegetation except where necessary to assure defensible space for wildfire hazard, and domestic animal control. The domestic animal control includes dogs which pose significant threat to wildlife when running at large. In addition to dogs there is a recommendation that the keeping of domestic fowl should be prohibited in order to prevent the spread of disease to the wild turkeys on the site. When Staff conducted a site visit there were quite a few turkeys, as shown below. CDOW has reviewed the application and provided comment, EXHIBIT J, consistent with those in the Wildlife report and they concur with the recommendations. Staff has included the recommendations as conditions of approval. 7 Marquis Subdivision PC 4/14/10 KE 12. Resource Areas. Protected or Registered Archaeological, cultural, palentological and historic resource areas. Staff Comments: John R. Welch, PhD, Registered Professional Archeologist, has performed a review of records and determined there are no registered sites occurring on or adjacent to the property. Section 4-502(E) Impact Analysis. The Impact Analysis shall provide a description of the impacts that the proposed land use change may cause, based upon the standards that the proposed use must satisfy. The Impact Analysis shall include a complete description of how the applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis. 1. Adjacent Property. An address list of real property adjacent to the subject property, and the mailing address for each of the property owners. Staff Comments: The Applicant has provided a list of adjacent property owners and addresses. 2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500' radius. Staff Comments: A map was provided which indicates the use on properties within 1500' and it appears that most are single family residential uses with some vacant land and agriculture. 3. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Staff Comments: Pinon and juniper occur on the adjacent hillsides and the knoll along CR 112. Otherwise the site consists of fairly level pasture land. The property is located at an elevation of 6,782 feet and receives abundant sunshine as it is predominantly south -facing. 4. Soil Characteristics. A description of soil characteristics of the site which have a significant influence on the proposed use of the land. Staff Comments: As previously stated, the soils will not preclude single family development if mitigation measures, recommended as conditions of approval, are adopted. 5. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and a determination of what effect such factors would have on the proposed use of the land. 8 Marquis Subdivision PC 4/14/10 KE Staff Comments: The geologic characteristics were compiled in a document prepared by CTL Thompson and reviewed by the Colorado Geologic Survey. Mitigation measures are recommended to minimize geotechnical risk. 6. Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic and agricultural requirements and meeting the adequate water supply requirements of Section 7-104. Staff Comments: The ±50 -acre site contains a single family home and a guesthouse. These uses are served by a late -registered well (permit #281492) for 4.19 -acres immediately surrounding the existing home. The owner has also been issued an exempt well (permit #281493) on 46.51 - acres (>35 acres) which is permitted to serve up to three single family units. This permit will be utilized to construct a well to serve Lot 1B. Sufficient information has been provided for a determination of adequacy of supply in the form of Aqua Maps from the Division of Water Resources, and from well test reports on the existing well which is located less than 500 feet away from the exempt well. 7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow and groundwater. Staff Comments: Conditions are recommended to require engineer -designed foundations and septic systems in the subdivision due to soils and geologic concerns. The effect on groundwater and aquifer recharge areas will be minimal. 8. Environmental Effects. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long term and short term effect on flora and fauna. b. Determination of the effect on significant archaeological, cultural, palentological, historic resources. c. Determination of the effect on designated environmental resources, including critical wildlife habitat. (1) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. 9 Marquis Subdivision PC 4/14/10 KE e. Spill Prevention Control and Counter Measures plan, if applicable. Staff Comments: The existing environmental effects, as well as those that may result from the proposed development, have been reviewed and Staff recommended conditions sufficiently mitigate the impact of the additional single family home proposed. 9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section 4-502(J). Staff Comments: Traffic impacts are based upon the addition of one dwelling unit. The site is within a Traffic Study Area as shown on the adjacent map and will be subject to County road impact fees. 10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comments: No nuisance impacts to adjacent land will result by the approval of this subdivision. 11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7-212. Staff Comments: Steve Anthony, County Vegetation, has reviewed the application, Exhibit M, and responded that soil management has been adequately addressed, and that noxious weeds should be treated prior to July 31, 2010. Further, revegetation security is not recommended due to the size of the disturbed area. 10 Marquis Subdivision PC 4/14/10 KE C. Section 7-100 GENERAL APPROVAL STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7-101 Compliance with Zone District Use Restrictions Staff Comments: The site is within the Rural Zone district which permits single family residential uses on sites with a minimum lot area of at least 2 acres. 2. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements Staff Comments: The property is located in Study Area 1 and designated as appropriate for Residential Medium Density. 3. Section 7-103 Compatibility Staff Comment: Adjacent properties are consistent in size and use therefore the proposal is compatible with the existing neighborhood. 4. Section 7-104 Sufficient Legal and Physical Source of Water Staff Comments: Well permits have been issued that will allow for the legal and physical source of potable water for the site(s). 5. Section 7-105 Adequate Water Supply Staff Comments: Prior to a determination of completeness for a final plat application the Applicant will be required to provide a pump test to assure an adequate water supply is available to serve the subdivision. 6. Section 7-106 Adequate Water Distribution and Wastewater Systems Staff Comments: A water distribution system is not applicable as individual wells are proposed. An adequate wastewater system can be constructed on Lot 1B, and permitted systems are currently in place for the existing units. 7. Section 7-107 Adequate Public Utilities Staff Comments: Adequate Public Utilities are available to this subdivision. 8. Section 7-108 Access and Roadways Staff Comments: Each lot within the subdivision will be required to obtain a driveway permit from Road & Bridge, if one has not been issued previously. Traffic impact fees will apply to the subdivision and will be calculated at final plat. 11 Marquis Subdivision PC 4/14/10 KE 9. Section 7-109 No Significant Risk from Natural Hazards Staff Comments: Natural Hazard areas do occur within the proposed subdivision, however the creation of proposed Lot 1B will not impact nor result in significant impact from Natural Hazards. D. Section 7-200 GENERAL RESOURCE PROTECTION STANDARDS FOR LAND USE CHANGE PERMITS 1. Section 7-201 Protection of Agricultural Lands Staff Comment: The County GIS Maps do not indicate the presence of important farmlands in the vicinity of this proposal. The request to create two lots will not impact the use of the existing pasture area for agricultural purposes. 2. Section 7-202 Protection of Wildlife Habitat Areas Staff Comment: The Colorado Division of Wildlife has commented on the application, Exhibit J, that recommended restrictions related to domestic fowl and domestic animals be required. Staff has added these restrictions as conditions of approval. 3. Section 7-203 Protection of Wetlands and Waterbodies Staff Comment: No known wetlands occur on this site. 4. Section 7-204 Protection of Water Quality from Pollutants Staff Comment: A Drainage Analysis has been submitted which demonstrates adequate protection of the water quality. 5. Section 7-205 Erosion and Sedimentation Staff Comment: An adequate Erosion and Sediment Control Plan performed by Boundaries Unlimited has been submitted. 6. Section 7-206 Drainage & Section 7-207 Stormwater Run -Off Staff Comments: Sufficient information has been submitted to assure compliance with these standards. 7. Section 7-208 Air Quality 12 Marquis Subdivision PC 4/14/10 KE Staff Comments: The subdivision of this parcel will not adversely impact air quality. 8. Section 7-209 Areas Subject to Wildfire Hazards Staff Comments: Wildfire hazard maps indicate low to moderate hazard. 9. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards Staff Comments: Though hazard areas do exist on the parcel no development is proposed within those designations. 10. Section 7-211 Areas with Archeological, Paleontological or Historical Importance Staff Comments: There are no known areas of historical importance within the property. 11. Section 7-212 Reclamation Staff Comments: Pursuant to Steve Anthony's response the sole disturbance will be construction of the driveway which appears to be Tess than the minimum size to require security for revegetation. E. SECTION 7- 300 SITE PLANNING AND DEVELOPMENT STANDARDS 1. Section 7-301 Compatible Design Staff Comments: The site has been oriented to take advantage of solar access and has a design compatible to the neighborhood. 2. Section 7-302 Building Design Staff Comments: Not applicable. 3. Section 7-303 Design and Scale of Development Staff Comments: Excessive site disturbance will not be required and the development is designed to be close to access and utilities. 4. Section 7-304 Off-street parking and Loading Standards Staff Comments: Off-street parking standards have been met by the proposed subdivision. 5. Section 7-305 Landscaping and Lighting Standards 13 Marquis Subdivision PC 4/14/10 KE Staff Comments: Restoration and revegetation of disturbed areas will occur, primarily during the construction of the single family home. The plat will contain a note requiring that all exterior lighting shall be designed so that the light is directed down and inward and that the lighting source shall be fully shielded. 6. Section 7-306 Snow Storage Standards Staff Comments: There is adequate area for snow storage. 7. Section 7-307 Roadway Standards Staff Comments: Access will be directly from an existing County Road. Driveway permits will be required from Road & Bridge. 8. Section 7-308 Trail and Walkway Standards Staff Comments: Not applicable. 9. Section 7-309 Utility Standards Staff Comments: The final plat will be required to adequately describe all easements of record, as well as designate existing utility locations. F. SECTION 7- 400 SUBDIVISION STANDARDS AND DESIGN SPECIFICATIONS 1. Section 7-401General Subdivision Standards Staff Comments: Domestic animal control will be required as a plat note, there are no common facilities exist within this subdivision. A plat note will be required regarding the standard for installation of solid -fuel burning appliances. 2. Section 7-402 Subdivision Lots Staff Comments: These standards have been met. 3. Section 7-403 Fire Protection Staff Comments: The Carbondale and Rural Fire Protection District will provide fire protection to the site. Submittal of impact fees will be required prior to approval of the final plat 4. Section 7-404 Survey Monuments 14 Marquis Subdivision PC 4/14/10 KE Staff Comments: State Stature requirements for setting of permanent survey monuments will be further reviewed at Final Plat, by the County Surveyor. 5. Section 7-405 Standards for Public Sites and Open Space Staff Comments: Not applicable. VII. STAFF CONCERNS AND ISSUES Staff has no major concerns with this request for subdivision, however would like to reiterate that this application is for "Subdivision Preliminary Plan" which requires that information be provided for each parcel to be created. Due to the type of application submitted Lot 1A is not considered a `remainder' parcel as it would in an Exemption application, but, even though existing, is required to be reviewed pursuant to the code requirements. Recommended conditions of approval mitigate impacts that may result due to the creation of an additional residential site at this location. Other conditions of approval are standard concerns typically associated with a preliminary plan and are indicative of requirements at final plat. VIII. SUGGESTED FINDINGS The following are suggested findings for the Planning Commission should a recommendation of approval be forwarded to the BOCC for the Marquis Preliminary Plan: 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted or could be submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the request for a Preliminary Plan to create two (2) lots may be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County if recommended conditions of approval are adopted by the Planning Commission. 4. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Comprehensive plan of 2000, as amended. 5. That, with the adoption of recommended conditions, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. IX. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward.a recommendation of APPROVAL to the Board of County Commissioners for the Marquis Subdivision, with the following conditions: 15 Marquis Subdivision PC 4/14/10 KE 1. That all representations made by the Applicant in the application, and at the public hearing before shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The Preliminary Plan approval shall be valid for a period of one (1) year. 3. The Applicant shall comply with the final plat requirements in addition to those requirements contained within the Garfield County Unified Land use Resolution of 2008, as amended (ULUR): a. The Final Plat shall contain the following notes: i. Control of noxious weeds is the responsibility of the property owner. ii. No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. iii. All exterior lighting shall be the minimum amount necessary and that all exterior lighting shall 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. iv. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et. Seq. Landowners, 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. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manner. Therefore, 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 amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations. v. 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 an 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; vi. Dogs kept on the property shall be in a fenced yard or on a leash to prevent harassment of wildlife; 16 Marquis Subdivision PC 4/14/10 KE vii. Fencing on the property shall comply with the Division of Wildlife specifications for wildlife -friendly fencing; viii. Engineer -designed septic systems are required within this subdivision; ix. Engineer -designed foundations are required within this subdivision; c. The Final Plat shall contain the following certificates as contained within the Plat Certificate Appendix of the ULUR: i. Certificate of Dedication and Ownership; ii. Lienholder Consent and Subordination Certificate, if applicable; iii. Board of County Commissioners Certificate; iv. Title or Attorney Certificate; v. Treasurer Certificate of Taxes Paid; vi. County Surveyor Certificate; vii. Clerk and Recorder Certificate; viii. Surveyor Certificate. 4. The Applicant shall delineate and legally describe all easements on the final plat and convey all easements to the responsible entity. This dedication shall be in a form acceptable to the County Attorney's Office and transfer shall occur at the time of recording of the final plat. These easements shall include, but are not limited to all easements of record, utility easements, drainage easements, water system easements, stormwater drainage easements, open space and any internal roads required as a part of this development; 5. The Applicant shall treat inventoried State and County listed noxious weeds including, but not limited to, Absinth wormwood, Canada thistle, Oxeye daisy, Common tansy, and Plumeless thistle prior to July 31, 2010 or the approval and recordation of the final plat, whichever comes first. Records of treatment shall be submitted to Garfield County Vegetation Management for review and approval; 6. The Applicant shall submit the results of well testing as required by Section 7-104 B. of the ULUR with the Final Plat application. The report shall provide data sufficient to demonstrate provision of adequate water quantity and quality to serve the lots in the subdivision. 7. The Applicant shall submit an appraisal with the Final Plat application so that calculation of the amount of the fee -in -lieu payment of school land dedication for the subdivision can be calculated. Payment of the fee -in lieu will be required prior to approval and recording of the final plat for the subdivision. 8. Prior to approval and recordation of the final plat The Applicant shall be required to comply with Resolution 2008-05, the required residential impact fee for the Carbondale and Rural Fire Protection District. The Applicant shall be required to satisfy Traffic Impact Fees which will be calculated and due prior . to approval and recordation of the Final Plat 17 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: February 18, 2010 Comments Due: b .0 a EXHIBIT Name of application: Marquis Subdivision Preliminary Plan Application Sent to: Garfield County Road & Bridge Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Kathy Eastley 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road and Bridge Department has no objections to this application with the following comments. A driveway access permit shall be required for the new driveway access; if no driveway access permit can be produced for the existing driveway access a driveway access permit shall be required for the existing driveway access. If a driveway access permit can be produced for the existing driveway, the driveway access shall meet the current driveway access standards. This would include a paved apron for both driveways. Driveway access permit/s shall be applied for at Garfield County Road and Bridge Department. If a 60 -foot easement for Cr. 112 does not exist a 30 -foot strip of land from the center line of the existing roadway shall be deeded to Garfield County the entire length of property that borders Cr. 112. All fences or other object that encumber the new ROW shall be moved back to the new ROW at the sub -dividers expense. Should any fences or objects that encumber the new ROW be left in place an encroachment agreement shall be filed with Garfield County at the sub -dividers expense. All vehicles hauling equipment or materials for the project shall abide by Garfield County's oversize/overweight system. All vehicles requiring oversize/overweight permits shall apply for them at Garfield County Road and Bridge Department. The added traffic load shall not have an adverse effect on the County roads used to access this property. Name of review agency: Garfield County Road and Bridge Department By: Jake B. Mall Date Revised 3/30/00 Kathy A. Eastley From: Jim Rada Sent: Tuesday, February 23, 2010 12:44 PM To: Kathy A. Eastley Subject: SPPA 6207 - Marquis subdivision Attachments: Jim Rada (jrada@garfield-county.com).vcf Hello Kathy, I offer the following comments regarding the referenced project. EXHIBIT § 1. Paragraph F of the ISDS Design and performance standards (page 37) references the Colorado Department of Health, Guidelines on Individual Sewage Disposal Systems, most recent edition. Projects in Garfield County that utilize ISDS should reference the Garfield County ISDS Regulations. You can obtain the accurate title for this document from Andy Schwaller. 2. Based on the submitted information, it is difficult to determine the exact amount of surface disturbance that will occur as a result of driveway, building, parking and septic system construction. The erosion control information make no reference to obtaining a CDPHE stormwater permit. The developer should be made aware that a CDPHE stormwater permit is required for total surface disturbance of on acre or greater. No other comments at this time. I will be happy to review any additional materials submitted to Building and Planning as part of final plat or construction at this location. Thanks for the opportunity to participate in the review process. Jim Rada, KEll5 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada@garfield-county.com Web www.garfield-county.com 1 STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state. co. us March 3, 2010 Ms. Kathy Eastley Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Marquis Subdivision Dear Ms. Eastley: For Wildlife - For People Thank you for the opportunity to comment on the preliminary plan for the additional housing unit on the Marquis property located on CR 112. The Colorado Division of Wildlife (CDOW) has reviewed the proposed subdivision that will create a new five acre lot that will be used by a family member to erect a single family home. An on-site review of the property and discussion of the proposed location of the new development were conducted with Jonathan Lowsky of Colorado Wildlife Science, LLC. During this review several recommendations were made to reduce the impacts of the new development on wildlife. First, the area has a resident population of Merriam's Wild Turkey so to reduce the potential for disease introduction in this population the CDOW recommends that no domestic fowl be kept on the property. Additionally, dogs harassing wildlife, especially in the winter, has potentially disastrous effects. The CDOW recommends that any dogs on the property be kept in a fenced yard or on a leash at all times to prevent them from harassing wildlife. Lastly, any fencing on the property should be wildlife friendly. Specifications for wildlife friendly fencing can be found at the CDOW website address listed below. The property has mule deer present year around with the possibility of higher concentrations in the winter when migrating deer may join resident herds. The location of the proposed dwelling should have little impact on the mule deer habitat on the property. Additionally, elk may be present in the winter with the area having the potential to be both a winter concentration area and severe winter range for elk. While evidence of elk use on the property exists there is little actual use of the property by elk during the winter. However, the pinon- juniper slopes on the north and northwest portions of property contain both potential winter concentration area and severe winter range for elk. The location of the proposed dwelling should have no impact on wintering elk use of these areas on the property. The residents should be aware about the possibility of conflict with numerous wildlife species, like deer, elk, bears and mountain lions, which can be found in the area. Additionally, we suggest planting native vegetation or erecting protective fencing around dedicated plantings to help reduce the potential browsing damage by deer. The Division of Wildlife has "Living with Wildlife" brochures available for more information as well as useful information on the DOW web site, www.wildlife.state.co.us. DEPARTMENT OF NATURAL RESOURCES, James B. Martin, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair • Mark Smith, Secretary Members, Dennis Buechler • Brad Coors • Jeffrey Crawford • Dorothea Farris • Roy McAnally • John Singletary Ex Officio Members, James B. Martin and John Stulp Thank you again for the opportunity to provide these comments. If you need additional information, please contact District Wildlife Manager Travis Trant at 947-2931. Sincerel Perry Wil Area ildlife Manager Cc: DOW- R. Velarde, T. Trant, file Kathy A. Eastley From: Bill Gavette [gavette@carbondalefire.org] Sent: Saturday, March 06, 2010 2:26 PM To: Kathy A. Eastley Subject: Marquis Subdivision, Preliminary Plan Kathy, I have commented previously in a letter to Davis Farrar which is part of the application submittal. I have no additional comments. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 [4 FIRE FIRE. LMS• RISC 11 1 COLORADO GEOLOGICAL SURVEY --serving the people of Colorado Department of Natural Resources 1313 Sherman Street. Room 715 Denver. CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 March 11, 2010 Mr. Fred Jarman Garfield County Planning 108 8th Street Suite 201 Glenwood Springs, CO 81601 fredjarmanv harfield-county.com Re: Marquis Conservation Subdivision, CGS GA -10-0003_1 Dear Mr. Jarman: COLORADO DEPARTMENT AL OF NAT RESOURCES Bill Ritter Governor James B. Martin Executive Director Vincent Matthews Division Director and State Geologist Thank you for the submittal of the above referenced proposal. The proposal is to create one additional five acre lot within a 50 acre parcel. Both lots will contain a single-family residence. Due to adverse ground conditions, I was not able to fully inspect the site. The application materials contained a geologic hazard evaluation, by CTL Thompson, Dated October 5, 2009. The report gives a very thorough description of the site, potential geologic hazards, and recommended mitigation measures. Given this, I only have a few points for you to consider: • Three percolation borings and three exploratory holes were completed on the proposed new lot. This gives a good idea of what conditions are like in the area where testing was done. However, soil conditions can change over short distances. If buildings and/or individual sewage disposal systems are located in areas with no testing; it would be prudent to require additional soil testing or that soil conditions are verified by the geotechnical engineer during construction. • Risks of slope instability are likely low; however, extensive grading on steeper parts of the lot may result in construction -related stability issues. If grading in steep areas is proposed, the stability of deep cuts and fills should be evaluated prior to construction. In summary, there do not appear to be any geologic hazards that will prevent the project from moving forward. Please contact me if you have any questions or concerns. I can be reached at 303.866.2018 or by email at karen.berrysstate.co.us. Sincerely, Karen A. Berry Geological Engineer, PG, AICP, CPESC-SWQ MEMORANDUM To: Kathy Eastley From: Steve Anthony Re: Marquis Subdivision (SPPA6207) Date: March 11, 2010 Thanks for the opportunity to comment. Noxious Weeds: The applicant has provided a weed inventory and map. The County is requesting treatment on the inventoried State and County listed noxious weeds. Of particular concern are: Absinth wormwood, Canada thistle, Oxeye daisy, Common tansy, and Plumeless thistle. Staff requests that the applicant treat the noxious weeds that are indicated on the noxious weed photo, by July 31, 2010. Please forward copies of the treatment records to: Garfield County Vegetation Management POB 426 Rifle CO 81650 Revegetation: The only disturbance will be the driveway going to the new 5 acre lot. This appears to be less than the minimum one half acre size that the County would seek revegetation security for. Soil Management Plan This is adequately addressed in the Erosion and Sediment Control Plan.