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HomeMy WebLinkAbout2.0 Staff Report 06.29.2016Zurcher ADU GAPA-04-16-8444 6/29/16 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) REPRESENTATIVE LOCATION LEGAL DESCRIPTION ACRES ZONING Administrative Review — Land Use Change Permit for an Accessory Dwelling Unit (ADU) Antonia Zurcher Bridger Smith, SmithBuilt Contractors The proposed use is located approximately 8 miles north of the Town of New Castle at 4110 County Road 243. A tract of.land situated in Sections 35 and 36, Township 4 South, Range 91 West of the 6th P.M., and more fully described in a Warranty Deed recorded at Reception No. 810168 with the Garfield County Clerk and Recorder. The Parcel is known by Assessor's Parcel No. 1925-363-00- 064. The site is 54 acres in size. Rural (R) I. DESCRIPTION OF THE PROPOSAL The Applicant is requesting approval for an Accessory Dwelling Unit (ADU) on the property. The ADU is proposed to be a two bedroom unit, approximately 2,000 sq.ft. in size. It will also include parking inside a two car garage. The ADU will be served by a shared well and a new onsite waste water treatment system. A single family residence and agricultural buildings also exist on the property. Electric service exists to the property and access is proposed to be an existing private driveway off of County Road 243 with a short extension to serve the ADU. The Applicant has requested waivers from a number of submittal requirements most of which are related to the small scale of the proposal, limited areas of disturbance, and timing for completing water supply plan requirements. II. DESCRIPTION OF THE SITE The site slopes moderately down to the east toward Main Elk Creek. The developed portion of the property includes a single family residence, several agricultural buildings, sheds and barns. The majority of the site adjacent to the county road and along the creek is maintained as pasture and hay fields as part of the ranching operation. Main Elk Creek crosses through the site but is separated from the proposed ADU by approximately 360 ft. and it is approximately 25 ft. lower in elevation. Some native vegetation is found outside of the developed areas and along the edges of the hay fields. Applicant's Property Vicinity Map III. PUBLIC AND REFERRAL COMMENTS A. The Applicant has provided documentation that the required notice mailings have been completed in accordance with the Land Use and Development Code. No comments from adjacent property owners have been received. Referral comments from various agencies are attached to the Staff Report, summarized below, and further addressed as appropriate in the Staff Analysis sections. B. Garfield County Consulting Engineer, Chris Hale, Mountain Cross Engineering: • Commented on well pump testing, access, and septic system setbacks. C. Colorado Division of Water Resources, Justina P. Mickelson: • Noted the well permit can serve up to 3 single family dwellings and for the purposes of the well permit the ADU would be considered a single family dwelling. As long as the uses do not include more than three single family dwellings their office had no objection to the well serving the proposed ADU. D. Colorado Department of Health and Environment, Kent Kuster Environmental Specialist: 2 • Indicated no comment but noted compliance with State and Federal Regulations is always required. VIEW OF THE PROPOSED ADI' sITF, F. Colorado River Fire Rescue, Orin Moon, Fire Marshall: • Indicated that they had no requirements or concerns with the proposed ADU at this location. F. Garfield County Vegetation Manager, Steve Anthony: • Indicated no comment. G. Garfield County Road and Bridge Department, Wyatt Keesbury: • Indicated they had no issues. H. Garfield County Environmental Health, Morgan Hill: • Provided comments on the OWTS, water quality testing, radon recommendations, storm water management, and project narratives. 1. Xcel Energy, Tillmon McSchooler: • Indicated that they had reviewed the project and had no objections at this time, also noting procedures for utility extensions and review by Xcel. V. STAFF ANALYSIS Article 7 of the Land Use and Development Code sets forth General Standards in Division 3 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 Review of the Application submittals indicates that the proposed use will comply with the Zone District Regulations for the Rural Zone District including setbacks and lot coverage provisions. The Applicant has provided a site plan with details on . the existing improvements including ADU location and parking area. 2. Section 7-102: Compliance with Comprehensive Plan and IGAs The site is located in the Residential Medium High (MH) designation on the Comprehensive Plan Future Land Use Map. The proposed density of two units on 54 acres is well within the recommended density of 2 - < 6 acres per dwelling unit. 3. Section 7-103: Compatibility The proposal is consistent with surrounding land uses that include rural residential, agricultural, and ranching activities. The ADU will result in minimal site disturbance as it is located generally within an area that previously had improvements (double wide mobile home and perhaps original homestead). The proposal is consistent with the existing uses on the site. 4. Section 7-104: Source of Water A. The proposed ADU will be served by sharing an existing well on the property. The Application submittal included the well permit proposed to serve the ADU. The Division of Water Resources referral comments confirm the legal ability of the applicant to utilize the well to serve the proposed ADU. B. The Applicant has requested a waiver to allow completion of the required pump test prior to receiving a building permit. The pump test requirement needs to be met prior to issuance of the land use change permit and needs to confirm the adequacy of the pump to serve the two dwelling units. C. The Applicant has provided detailed water quality test results completed in 2012. The test includes the majority of elements required by the current code but does not cover all of the required elements (i.e. alpha beta radioactivity). While the past test demonstrated that the samples were below the required/referenced standards a new test including all required elements needs to be provided. 4 ARRA (1 n:s7t:srl.s4r... 1, 9 0 SF.. • C fMa y111W1 i SWALR h20: FIC ROVIV AA'!N ran A1141 EXCERPT FROM GRADING & DRAINAGE PLAN SHOWING KEY SITE PLAN FEATURES F 4,ArtGi C`alYr%,f FSi iT, w,y � wpm • /1 r rr rcrua�r i :+Han 4 rnmax rsusa. m a.ctc6 rmeormxr r anew M iK 41111:A•+Ir Per -Vi ' us �: DAs u ro ehnn,]r_rp,rop`. triEkin. `.r,, r>{.,t'suVW ,c- U“)-acV (iJvT`.A. PL. r•.nrr p r,. 5. Section 7-105: Adequate Central Water Distribution and Wastewater systems The primary residence on the site is currently served by an existing OWTS. The Applicant proposes construction of a new OWTS to serve the ADU. The Application submittals include engineering for the proposed system, soil testing completed by HP Geotech including percolation test results, and site plans showing the proposed location for the system. The ADU approvals shall require use of an engineered OWTS as proposed and compliance with the application representations and recommendation contained in the geotechnical report by HP Geotech. At the time of permitting for the OWTS confirmation of compliance with all setbacks 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. Electric line extensions and service will be coordinated with Xcel Energy. 7. Section 7-107: Access and Roadways A. The site is served by an existing access driveway off of County Road 243. The 5 Application and various site plans/grading plans indicate that the driveway is approximately 10 — 12 ft. in width with grades of 10 — 12%. It has an asphalt and compacted gravel type surface and generally drains to the downslope (north) side of the road. Adequate areas for drainage appear to be provided. No major curves exist along the access with the exception where the driveway to serve the ADU exits the main driveway. ADU LOCATION OVERVIEW OF THE SITE AND ACCISS DRIVEWAY B. The driveway is represented by the Applicant to meet the roadway standards. However, the applicant needs to confirm that the driveway meets the width requirement and the turning radium onto the ADU driveway needs to be addressed. The Applicant will need to provide documentation from a professional engineer that the road width and turning radius meet the code or address the roadway waiver criteria including a determination that the driveway provides acceptable access for the ADU. C. Site Plan and survey documentation indicate that a portion of the access driveway crosses property owned by the BLM prior to its connecting to the County Road. The Application explains the historic use of the driveway, however, it does not provide adequate legal documentation of access on the alignment of the existing driveway. The Applicant has provided a supplemental legal opinion supporting their use of the existing driveway (see attached). The Applicant's property does contact the County Road at two other locations where legal access can be established. In order to utilize the existing driveway documentation of a lease from the BLM or a finding by the courts that a prescriptive use right exists for the driveway are needed. 6 D. The Colorado River Fire Rescue referral comments did not indicate any concerns regarding access the site for fire protection. E. The Applicant also requested a waiver from the submittal requirement for a traffic study based on the minimal amount of new traffic generated. The County Road and Bridge Department did not indicate any concerns with the proposal. 8. Section 7-108: Land Subject to Natural Hazards No significant natural hazards are noted for the property in the area proposed for the ADU. Slopes on the site are moderate in the range of 10%. The geotechnical report — subsoils study by HP Geotech (dated 4/30/12) provides recommendation for foundation design, drainage, and percolation results. The study did not identify any significant concerns. 9. Section 7-109: Fire Protection The Application was referred to the Colorado River Fire Rescue fire protection district. The District indicated no concerns with the proposal. Article 7, Division 2: General Resource Protection Standards 10. Section 7-201 Agricultural Lands The Application is compatible with agricultural lands and uses on the site and has limited additional site disturbance. No irrigation ditches have been identified in the vicinity of the proposed ADU. Irrigation ditches which may have been abandoned are located on the opposite side of Main Elk Creek from the ADU. A drainage swale shown on the site plan will need to be relocated slightly to accommodate the proposed ADU garage construction. No changes to the ranch operation will result from the construction of the ADU as it is located in an area previously utilized for residential purposes. 11. Section 7-202 Wildlife Habitat Areas The proposed ADU will have limited additional site disturbance. Trash should be stored within the structure or garage to avoid wildlife conflicts. CPW did not provide comments on the Application. 12. Section 7-203 Protection of Wetlands and Waterbodies The proposed ADU is located in the developed area of the site. It is more than 300 ft. from Main Elk Creek and approximately 25 ft. above it in elevation. Proper design and permitting of the proposed OWTS will be required. No site disturbance is anticipated outside of the area proposed for placement of the ADU. 13. Section 7-204 Drainage and Erosion, 7-205 Environmental Quality 7 Limited site disturbance is anticipated by the Application. Drainage details including storm water drainage for the ADU should be provided as part of the building permit application. The OWTS will require proper permitting and inspection by the County. 14. Section 7-206 Areas Subject to Wildfire Hazards The County Wildland Fire Hazard Maps indicate a low wild fire hazard designation on the Applicant's site. The roof material should be made of non-combustible materials per Section 7-206 (C). Any future site improvements/landscaping associated with the ADU should utilize the Colorado State Forest Service Firewise construction guidelines. WILDLAND FIRE HAZARD MAPPING Green & Light Green = Lower Hazards Yellow = Moderate Hazards Orange = High Hazards Applicant Site Source: Garfield County GIS Dept. Mapping 5. Section 7-207 Natural and Geologic Hazards No significant geologic hazards are noted in the Application submittals or the Geotechnical report prepared by HP Geotech. Slopes in the area proposed for the ADU are generally 10% or less. 16. Section 7-208 Reclamation The site will be utilized for residential purposes with limited area of disturbance for the ADU construction. Revegetation of disturbed areas should be required. 8 Article 7, Division 3, Site Planning and Development Standards 17. Section 7-301: Compatible Design The proposal reflects consistency with the character of existing improvements on the site. A preliminary sketch of the proposed ADU was provided with the submittals. Preliminary ADU Designs WEST ELEVATION 18. Section 7-302: Off -Street Parking The site plan shows a two car garage and ample space for additional parking. 19. Section 7-303: Landscaping Plan ADU applications are exempt from Landscaping Plan submittals, however, the site reflects typical rural residential and ranch landscaping. 20. Section 7-304: Lighting The Application should be required to utilize code compliant lighting. 21. Section 7-305: Snow Storage: The Application and site plan demonstrate adequate room for snow storage. 22. Section 7-306: Trails and Walkways Given the rural area of the site these standards are generally not applicable. 23. Section 7-701: Accessory Dwelling Unit Standards 9 A. Maximum Floor Area: The Application is in compliance (< 3,000 sq.ft.) B. Ownership Restriction: The Application is in compliance. C. Building Code: Compliance will be required. D. Minimum Lot Size: The Application is in compliance (>2 acres lot size) E. Entrance: The ADU will have a separate entrance. V. 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 Zurcher Administrative Land Use Change 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 if determined necessary from Section 7-107, Roadway Standards for driveway width and turning radius, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. VI. RECOMMENDATION Approval of the Zurcher Administrative Land Use Change Permit for an Accessory Dwelling Unit, subject to the following conditions. 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. 3. Prior to the issuance of the Land Use Change Permit the Applicant shall provide documentation of the required 4 hour pump test including confirmation from a qualified professional that the production is adequate to serve the ADU and the existing residence on the property. 4. Prior to the issuance of the Land Use Change Permit the Applicant shall provide documentation of a water quality test in accordance with Section 4-203 (M) including a 10 determination that the water meets the required standards and is acceptable for human consumption or if standards are not met the Applicant may provide a proposal for use of a treatment system that will bring the water within acceptable levels. 5. Prior to issuance of the Land Use Change Permit, the Applicant shall provide a letter from a licensed professional engineer confirming that the access driveway meets the Roadway Standards of Section 7-107 including width and minimum curve radius and drainage ditches if determined necessary. If a waiver from the roadway standards is determined to be necessary by the engineering analysis, the Applicant shall provide the additional information required by the County Roadway Waiver Policy #01-14. 6. Prior to the issuance of certificate of occupancy for the ADU the Applicant shall further document the legal use of the existing driveway or establish a new physical access by satisfying one of the following conditions: a. The Applicant shall provide documentation of an easement granted from the Bureau of Land Management for the existing access driveway shown on the site plan. Said easement shall be reviewed and accepted by the County Attorney's Office. b. The Applicant shall obtain and provide evidence to the County Attorney's Office of an order from the Courts declaring an access easement right for the existing driveway to serve the ADU. c. The Applicant shall construct a new driveway connecting the ADU to access directly onto County Road 243 across the Applicant's property, which driveway shall meet the standards contained in Section 7-107 for a primitive roadway. The driveway plans shall be reviewed and accepted by the Community Development Department Staff and the County Road and Bridge Department prior to commencement of construction. 7. The Applicant shall properly permit with the County and install a new onsite waste water treatment system to serve the ADU. The system will be engineered as represented in the Application and shall comply with all recommendations contained in the HP Geotech report dated 4/30/16. At the time of permitting, verification that the system meets all setback requirements shall be required. 8. The ADU shall be required to meet all Garfield County Building Code Requirements. At the time of building permit submittal, the Applicant shall address site drainage including storm water drainage during and after construction. This shall include the minor relocation of the drainage swale east of the ADU protecting the ADU and garage from drainage off the adjacent pasture/hay meadow. 9. The Applicant shall comply with the recommendations contained in the HP Geotech Soils and Foundation study, dated 4/30/16 including foundations and drainage. 10. The Applicant shall comply with the lighting standards contained in Section 7-304. 11. The Applicant shall utilize bear proof trash containers or store all trash within a 11 secure portion of the structure such as a garage. Any fencing on the site shall be wildlife compatible pursuant to CPW guidelines. 12. The ADU shall utilize noncombustible roof materials or other materials as recommended by the local fire agency. 13. Testing for radon after construction is completed is recommended. 12 Additional Views of the Site ADU Footprint Shown by blue stakes C Drainage Swale between ADU and Pasture 13 View toward the ADU from Main Elk Creek (ADU location above barn/trees) Hay Meadows adjacent to the County Road — Potential Access road alignment r r vllemme 14 MOUNTAIN CROSS ENGINEERING, INC. June 17, 2016 Mr. Glenn Hartman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Civil and Environmental Consulting and Design ______) RE: Zurcher Accessory Dwelling Unit: GAPA-04-16-8444 Dear Glenn: This office has performed a review of the documents provided for the proposed Zurcher Accessory Dwelling Unit. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant needs to provide a pump test for the well but propose to do this as a condition of approval. This seems acceptable since the well is existing and already serves a residence. 2. The site access crosses from County right-of-way through BLM land to the property. The Applicant states that they have notified BLM but it is unclear what instrument will be used by the BLM to solidify the easement. 3. It appears that the proposed septic system for the ADU is very near the trackorport building. The Applicant should verify applicable setbacks are met. Feel free to call if you have any questions or comments. Sincerely. Mount �'n Cross Erg, e ng, Inc. Hale, PE 8261/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 MEMORANDUM Permit No. 288085 Rec No. 3654759 Date: June 28, 2016 To: Glenn Hartmann, Garfield County, Community Development Department From: Justina P. Mickelson, Physical Science Researcher/Scientist Re: Zurcher Accessory Dwelling Unit; GAPA-04-16-8444 We have reviewed the proposal to construct an Accessory Dwelling Unit (ADU) on a parcel of approximately 54 acres in size, located in part of the E1/2 of the E1/2 of Section 35 and in part of the W1/2 of the W1/2 of Section 36, Township 4 South, Range 91 West of the 6th P.M., at 4110 County Road 243, New Castle. The property currently has an existing single family residence, access road and utilities in place. The applicant does not propose to create a new lot or change the size of the existing lot. The current water supply to the lot is provided by a well, currently permitted under Permit No. 288085, which the applicant has indicated would be shared between the single family dwelling and the ADU. The applicant also indicated an existing onsite wastewater treatment system currently serves the existing single family dwelling and proposes to construct a new onsite wastewater treatment system to separately serve the ADU. According to our records, Well Permit No. 288085 (Monckton Well No. 1) was issued on April 24, 2012, pursuant to Division 5 Water Court Case No. 05CW0167, for an existing well located in the NE1/4 of the SE1/4 of Section 35, Twp. 4 South, Rng. 91 West. The use of groundwater from the well was approved for ordinary household purposes inside 3 single family dwellings, fire protection, the watering of livestock, and the irrigation of 3,000 square -feet of lawn and garden for each of the three dwellings. The pumping rate of this well shall not exceed 15 gpm. Per our records, the well was first put to beneficial use June 1, 1925 and the current permit is valid. The applicant's proposal indicates that the well currently serves a single family residence. The proposed ADU would be considered, for the purposes of well permitting, to be an additional single family dwelling. At the time of the permit issuance, the Colorado River Basin was not over -appropriated and the permit was issued on the basis that water was available for appropriation. For this type of permit, the use of ground water is limited to the historical existing uses - an expansion of use would require a new well permit. As long as the uses of the well do not exceed the historical existing uses, in particular no more than three single family dwellings, this office has no objection to the well also serving the proposed ADU. Please feel free to contact me at 303-866-3581 if you or the applicant has any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us Glenn Hartmann From: Kuster - CDPHE, Kent <kent.kuster©state.co.us> Sent: Thursday, June 09, 2016 9:05 AM To: Glenn Hartmann Subject: GAPA-04-16-8444 June 9, 2016 Glenn Hartmann, Senior Planner Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: File No. GAPA-04-16-8444 Dear Mr. Hartmann, The Colorado Department of Public Health and Environment has no comment on the Zurcher Accessory Dwelling Unit GAPA-04-16-8444. We do suggest that the applicant comply with all state and federal environmental rules and regulations. This may require the applicant or its contractor to obtain a permit for certain regulated activities before you can emit or discharge a pollutant into the air or water, dispose of hazardous waste or engage in certain regulated activities. Please contact Kent Kuster at 303-692-3662 with any questions. Sincerely, Kent Kuster Environmental Specialist 1 Colorado Department of Public Health and Environment Kent Kuster Environmental Protection Specialist Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246-1530 303-692-3662 1 kent.kuster@state.co.us 2 Colorado River Fire Rescue Glenn Hartman 108 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Zurcher Accessory Dwelling Unit June 28, 2016 Glenn: This letter is to advise you that I have reviewed File Number: GAPA-04-16- 8444, Zurcher ADU located at 4110 County Road 243. I have viewed the site on the County GIS web site along with Google Earth and reviewed the digital application. I have no requirements or concerns with this proposed ADU at this location. Thank you for allowing me to review this referral and please feel free to contact me with any questions or concerns. . Thank You, Orrin D. Moon, Fire Marshal CRFR. Glenn Hartmann From: Wyatt Keesbery Sent: Monday, June 06, 2016 3:53 PM To: Glenn Hartmann Subject: RE: Referral Request Form for the Zurcher Accessory Dwelling Unit No issues from Road and Bridge. Wyatt From: Glenn Hartmann Sent: Monday, June 06, 2016 3:45 PM To: Wyatt Keesbery; Kelly Cave; Steve Anthony; Morgan Hill; Sullivan - DNR, Megan; bret.icenogle@state.co.us; Hoyer - DNR, Scott; Senor, Monte; jkirschvink@fsfed.us; Chris Hale; Orrin Moon; tillmon.mcschooler@xcelenergy.com Subject: Referral Request Form for the Zurcher Accessory Dwelling Unit Referral Agencies: Attached is a referral request for the Zurcher Accessory Dwelling Unit. It is a proposed 2,000 sq.ft., 2 bedroom accessory dwelling unit located at 4110 County Road 243, north of New Castle. The referral form includes information on how to access the application submittals electronically. If you have any difficulty in accessing the application please let me know as soon as possible. Please submit your comments by June 27th to my email ghartrnann@garfield-countv.com Submitting comments earlier is suggested. Your assistance with this review is greatly appreciated. Sincerely, Glenn Hartmann, Senior Planner Garfield County Community Development 970-945-1377 x1570 ghartmann@garfield-county.corn 1 June 27, 2016 Garfield County Glenn Hartmann Garfield County Community Development Department RE: GAPA-04-16-8444 Dear Glenn, I have no comments on this one. Sincerely, Steve rftsdoafy Steve Anthony Garfield County Vegetation Manager Vegetation Management 195 W. 14th Street, Bldg. D, Suite 310 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Mobile Phone: 970-379-4456 195 W. 141h Street Rifle, CO 81650 (970) 625-5200 Garfield County Public Health Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Glenn Hartmann June 27, 2016 Hello Glenn, 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 I've reviewed the application for the Zurcher accessory dwelling unit and have a few comments: 1. The attachments included for the onsite wastewater treatment system (OWTS) appear to be designed to meet the criteria of Garfield County regulations. Care should be taken so that issues with the septic system do not allow wastewater to enter the drainage swale which it seems could enter Main Elk Creek. 2. The water quality test for the well analyzed for a sufficient range of pollutants and showed detection of several constituents, one of which was above the EPA's advised level. Public Health recommends a water quality treatment system if the applicant intends to use it for drinking water. I was unable to determine from the application if the well currently serving the main house will also supply water for the ADU or if another will be drilled. 3. We recommend testing the home for radon after building is completed. Radon is a radioactive gas that comes from the soil and is the 2nd leading cause of lung cancer in the US after smoking. Despite the dwelling unit being on an upper floor, the potential for radon to be present in elevated concentrations still exists. Garfield County offers free radon test kits for this purpose. 4. Proper stormwater management protocols should be followed during construction and for the finished design of the building. 5. In general I thought the narrative sections of this application were lacking. There was no project description that I could find, nothing outlining water use, or a description of erosion control. It was difficult to fully understand the proposed use with only site plans. Please feel free to contact me with questions. Thank you, f&94f/hiR . Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 Garfield County Public Health Department — working to promote health and prevent disease Glenn Hartmann From: McSchooler, Tillmon B <tillmon.mcschooler@xcelenergy.com> Sent:. Tuesday, June 07, 2016 6:50 AM To: Glenn Hartmann Subject: RE: Referral Request Form for the Zurcher Accessory Dwelling Unit Glenn, I have reviewed this project and have no objections at this time Completion of this City/County review approval process does not constitute an application with Xcel Energy for utility installation. Applicant will need to contact Xcel Energy's Builder's Call Line/Engineering Department to request a formal design for the project. A full set of plans, contractor, and legal owner information is required prior to starting any part of the construction. Failure to provide required information prior to construction start will result in delays providing utility services to your project. Acceptable meter and/or equipment locations will be determined by Xcel Energy as a part of the design process. Additional easements may be required depending on final utility design and layout. Engineering and Construction lead times will vary depending on workloads and material availability. Relocation and/or removal of existing facilities will be made at the applicant's expense and are also subject to lead times referred to above. Thank you, Tillmon Tillmon McSchooler Xcel Energy 1 Responsible By Nature Designer -Engineering 2538 Blichmann Ave. Grand Junction, CO 81505 P: 970.244.2695 C: 970.270.1953 F: 970.244.2661 E: tillmon.mcschooler@xcelenergw.com From: Glenn Hartmann [mailto:ghartmann@garfield-county.com] Sent: Monday, June 06, 2016 3:45 PM To: Wyatt Keesbery; Kelly Cave; Steve Anthony; Morgan Hill; Sullivan - DNR, Megan; bret.icenogle@state.co.us; Hoyer - DNR, Scott; Senor, Monte; jkirschvink@fs.fed.us; Chris Hale; Orrin Moon; McSchooler, Tillmon B Subject: Referral Request Form for the Zurcher Accessory Dwelling Unit XCEL ENERGY SECURITY NOTICE: This email originated from an external sender. Exercise caution before clicking on any links or attachments and consider whether you know the sender. For more information please visit the Phishing page on XpressNET. Referral Agencies: Attached is a referral request for the Zurcher Accessory Dwelling Unit. It is a proposed 2,000 sq.ft., 2 bedroom accessory dwelling unit located at 4110 County Road 243, north of New Castle. The referral form includes information on how to access the application submittals electronically. If you have any difficulty in accessing the application please let me know as soon as possible. 1 BLOCKWICK EISENSTEIN KRAHENBUHL, LLC 2672 NORTH PARK DRIVE, SUITE 200, LAFAYETTE, COLORADO 80026 PHONE (303) 449-4400/DIRECT (303) 4434434 DAVID G. EISENSTEIN dge@bek-law.com June 17, 2016 VIA email only to ghartmann(a7garfield-coarntv.corn Glenn Hartmann, Senior Planner Garfield County Community Development Department P.O. Box 791 Glenwood Springs, CO 80306 RE: Completeness Review Zurcher ADU (GAPA-04-16-8444) Dear Glenn: I am writing to you on behalf of my client, Antonia Zurcher, the applicant for the above referenced application, in response to certain items contained in the "Completeness Review" letter dated May 11, 2016 you sent to Bridger Smith. The first bullet point under item 6 of your letter states: "Show access onto the County Road and any easements that may be necessary. Survey details appear to reflect that the existing access drive crosses a portion of the BLM property." The last sentence in the third bullet point under item 7 of your letter states: "The application needs to provide evidence of easements or other rights to cross BLM property to access the County Road." It is my opinion and position on behalf of my client that no easements from the BLM are necessary under the circumstances to meet and satisfy any access requirements that may be contained in the Garfield County Land Use Code. Article VII, Division 1, Section 7-107 A. states: A. Access to Public Right -of -Way. All lots and parcels shall have legal and physical access to a public right-of-way. The subject property, known as 4110 243 County Road, New Castle, CO 81647 (the "Property"), conforms with and satisfies this standard. The Property has legal, physical and insured access to a public right-of-way. Attached is an Exhibit Map dated June 8, 2016 prepared by Bookcliff Survey Services, Inc. showing the relevant driveway and improvements portion of the Property. The existing driveway has been in place serving the Property for quite some time. This driveway served the original homestead built on the Property. And while I do not know the exact date when that was Glenn Hartmann, Senior Planner Garfield County Community Development Department RE: Completeness Review Zurcher ADU (GAPA-04-16-8444) June 17, 2016 Page 2 built, I believe it was well over 50 years ago and could be close to 100 years ago or more. Please note that the Right of Way for the County Road was conveyed to the County by deeds filed for record on March 15, 1921 as Reception Numbers 74651 and 74653. See attached. The driveway to the homestead therefore may have been in place at that time or shortly thereafter. In any event the driveway has been in place and used continuously to access that right of way for well in excess of 18 years by the owners of the Property. When Toni Zurcher acquired the Property on October 31, 2011, she obtained an owner's policy of title insurance insuring title to the Property. The title commitment (copy attached) did not reflect any exception to title regarding a lack of access to and from a public road. When no such exception is contained in the commitment this means that the title insurer is insuring that the Property has access to and from a public road. As is demonstrated by the attached Exhibit Map, the County Road abuts and crosses over the Property in areas both north and south of the existing driveway. This further demonstrates that Property has legal and physical access to County Road No. 243. I feel that under the circumstances that as a matter of law, the BLM could not prevent access to the Property over the existing driveway and there should not be any requirement on the applicant to deal with or obtain an easement from BLM. It is not necessary. The right to use the driveway in that location already exists and has been used for that purpose for a long, long time. Further the County Road directly abuts or crosses the Property and so at all times the parcel has had and will have legal and physical access to the road. Finally, that legal and physical access is insured based on the owner's policy of title insurance obtained when the Property was acquired in 2011. I trust this analysis satisfies the items pertaining to access contained in your letter and quoted above. However, should you or the County Attorney have any questions or wish to discuss this further, I am happy to be available for a phone conference at a mutually convenient time. Thank you very much for your help and cooperation in this matter. Sincerely, .Dadd c elJazJtein David G. Eisenstein ec: Toni Zurcher Bridger Smith 1 Rebar and Cap \ LS No. 19598 (Witness Corner Bears \ N79°18'22"E 14.66' from Point for Corner) 1 Corner No_ 3 of the H.E.S 38 Aluminum Cap LS No. 27613 in Place EXHIBIT Rebar and Cap LS No. 19598 Rebar and Cap LS No. 5447 1 SCALE: 1"= 200' 1 1 1 1 1 1 1 Tractor Port Proposed ADU & Garage Gravel Driveway Ag Storage Barn Leach Field Zurcher Old Residence Foundation ■� converted to \ �/' 10.5' garden 40.0'— 1 County Road Easement & Right -of -Way per 1 Title Commitment 1 ] Corner No. 2 or the H.E.S 38 Book 117, Page 478 & 1 Rebar and Cap 479, Reception No. 74651 & 74653 , 1 LS No. 36572 set in Place 4' ` Gale .,4o<e n\ r� o CC O \ . ' I i} il Di o1, 1 co •c...0 11 l 8" Steel Bollards Utility Manhole Mail Boxes Rebar and and Cap 1 LS No. 36572 set 1 in Place 1 US West Communications Easement Book 922, Page 568 BOOKC[JFF . - Sury • Services, Inc. DATE: JUNE 8, 2016 JOB NO. 11060-01 rado and all improvements a.riu a. LJ. luriil uUi'C Filed for record March 14, 1921 at 2:34 o'clock P.M. in Book 125 at page 58. 74644 Deed of Trust. 3-3-21. R.W.McGuirk,Jr. to Public Trustee signed same and so ack- o` edged 3=3-21 before C.3.Buckles, Deputy County Clerk, Garfield County, Colorado. Con 800. ,Conveys Lots 1 and 2 in Block 20, Glenwood Springs, Colorado, together with all improvements. In trust to secure Grantor's 2 notes payable to Lizzie McGuirk, one for 000. clue on or before 1 year, one note for X40.0.. due on or before 2 years after date for the aggregate sum of 000. with interest at 8,0 per annum, payable annually. Filed for record March 14, 1921 at 2:36 o'clock P.M. in Book 109 at page 623. 74645 74646 74647 74648 74649 Auto Bill of Sale. Auto Bill of Sale. Auto Bill of Sale. Auto Bill of Sale. .C�.M.� 7400 -Quit Claim Deed. 3-14--21.. Wm.M.Richards to 0.E.Hubbard signed same and 1-ed4ed 3-14-21 before George Edinger, Notary Public, Garfield County, Colorado. Conveys an undivided 1/10 interest in the C. H. King Lode mining. claim.. Filed for record March 14, 1921 at 332 o'clock P.M. in Book 124 at page • so acknow Gon.$1.0 437. Quit Claim Deed. 10-12-20. S.E.Shaw and Lucy Clinetop-Hale to The Board of Count Lommissioners of Garfield County,. Colorado signed same and so acknowledged 3-5-21 before G',N.A.Hahn, Notary Public, .Garfield County, Colorado. Con. p1.00. . Conveys all that Pporti of `aauth 101.03 acres of Homestead Entry Survey Tho. 38 in Sections 35 and 36 TD.4 S.x.91 contained within 20 feet on each side of the center line of a 4,0 foot wide right - of way for a'County road as same is staked out and appears and is shown on map of said road file in:County Clerk and Recorder's office. Filed for record March 15, 1921 :at 8:02 o'clock A.M. in Book 117 at page 478. 74652' Quit Claim Deed. 10-14-20. Charley Ryden and Sigurd Bobson to The Board of Count' Commissioners of Garfield County, Colorado -signed same and so acknowla ged 3r5-21 before 0 1 ...Hahn, Notary Public, Garfield County, Colorado. Con. p1.00. Conveys. all that- porti,.n o.f SE*SW* Seo.2, WiNlia and W S 1 Seo.11; 4NW and ISii'ia$ ! Sec..14; N *NE* Sec .22, .Tp. 5 S contained within 20 feet on each side of center line of 40 feet wide right of way for• a County road: as. same is no staked out and shown on map on file. Filed for record March 15, 1921 at 8:04 o'clock .M. in Book 117 at .page 478.. uit Claim 'Deed, 10-12-20. henry Rohwer to the Board of County Commissioners -of d County, Colorado signed same --arid: so acknowledged 3-5-21 before C.N.A.Eahn, Notar Public, Garfield -County, Colorado-. - Con. -4p1.00. Conveys all that portion of North 50.57 acres of Homestead Entry survey No. 38 in Sec.35, and 36 Tp.4 0.x..91 contained within 20 deet on. each aide of the center line of a 40 foot wide right of way for a County road as .same is now staked out and shown on map of said road, for road purposes .at de 479. a.. Filed for record March .15, 1921 ato8:06 clock A.M. in page .7454-- Quit Claim Deed. 10-10-2.1. John Roletta to The Board of - County Commissioners , of, a bef oise• C..i� .A.Hahn `total n' _ 1: _._. :t.1.3.Yt t ]I'...�{:.fla rl ir�s.C3 C7 �rS-zs6isecl sainQ.;. aiiii_ .SQ=• �'S'e w+` ,�dgeri e - 3 -w _ . e;', •sn, -401 { ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by Stewart - title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: —5A1A-1(c1A6—' Authorized Countersignatkr Stewart Title Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 t GY• titre guaranty company _ - , EstewCG Cvitt-hairman f 04'x" Senior Chairman of the Board Chairman of the Board Cr2 4 President Order Number: 952654-- ALTA Commitment (6/17/06) Title Officer: Susan Sarver COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 21, 2011, at 8:00 a.m.411 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's Proposed Insured: Antonia Zurcher, and/or assigns (b) A.L.T.A. Loan (Standard) Proposed Insured: (Extended) Thomas J. Monckton and Evelyn M. Monckton, their successors and/or assigns Order Number: 952654-C2 Title Officer: Susan Sarver Amount of Insurance: $875,000.00 $475,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: Thomas J. Monckton and Evelyn M. Monckton 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: 4110 243 County Road New Castle, Colorado 81647 Statement of Charges: These charges are due and payable before a Policy can be issued: Basic Rate 2006 Owner's Policy: Owner's Extended Coverage: 2006 Loan Policy: Tax Certificate: Lenders Extended Coverage ALTA Form 8.1-06: ALTA Form 9-06: $2022.00 $50.00 $85.00 $20.00 $50.00 $50.00 $169.00 SCHEDULE A LEGAL DESCRIPTION A tract of land situate in Sections 35 and 36, Township 4 South, Range 91 West of the 6th P.M., said tract being a portion of that tract described in Book 351 at Page 230 in the Office of the Garfield County Clerk and Recorder and more fully described as follows: Beginning at a point on the line between Corners No. 1 and No. 2 of H.E.S. No. 38 whence said Corner No. 1 bears South 03°30'51" East 367.74 feet; thence North 03°30'51" West 946.34 fcct to Corner No.2; thence North 32°30'51" West 558.48 feet to Corner No. 3; thence North 17°20'31" West 386.34 feet; thence North 76°22'32" East 531.61 feet along the Southerly boundary of that tract described in Book 862 at Page 503; thence South 54°34'04" East 83.24 feet along the boundary of that tract described in Book 862 at Page 502; thence South 60°35'19" East 79.86 feet; thence North 68°54'49" East 332.34 feet; thence North 59°58'36" West 171.86 feet; thence North 41°04'41" West 37.30 feet; thence North 28'25'53" West 56.46 feet; thence North 06°29'35" West 72.68 feet; thence North 02°14'15" East 95.44 feet; thence North 21°43'20" West 57.32 feet; thence departing said boundary North 24°22'25" West 307.87 feet; thence North 05°52'28" East 177.12 feet; thence North 21°05'07" East 56.29 feet; thence North 79°14'41" East 455.29 feet to the Easterly line of said H.E.S. No. 38; thence along said Easterly line South 16°32'26" East 2512.66 feet to the Northeast corner of that tract described in Book 709 at Page 352; thence along said boundary North 89°04'45" West 367.48 feet; thence North 00°54'59" East 348.48 feet to the Southeast Corner of that tract described in Book 996 at Page 366; thence along said boundary North 30°56'40" East 239.33 feet; thence North 16°09'58" West 295.50 feet; thence North 89°03'20" West 110.00 feet; thence South 20°22'35" West 519.30 feet to a point on the boundary of said tract described in Book 996 at Page 366 said point also being the North boundary point of that tract described in Book 1250 at Page 426; thence along said boundary South 38°02'31" West 437.14 feet to a point on the boundary of said tract described in Book 709 at Page 352; thence along said boundary South 12°04'01" West 230.03 feet; thence South 15°48'10" East 184.92 feet; thence South 65°38'46" East 129.23 feet to the Northwest corner of that tract described in Book 725 at Page 898; thence along said boundary South 14°52'45" West 32.17 feet to the centerline of the 30 foot access easement described in Book 709 at Page 352; thence along said centerline and easement described in Book 709 at Page 352; thence along said centerline and along a curve to the left with an arc length of 49.81 feet, a radius of 71.41 feet, a central angle of 39°57'52", a chord bearing of North 69°06'05" West, a chord length of 48.81 feet; thence North 89°05'01" West 150.00 feet; thence along a curve to the left with an arc length of 99.68 feet, a radius of 506.90 feet, a central angle of 11°16'01", a chord bearing of South 85°16'59" West, a chord length of 99.52 feet; thence South 79°38'59" West 279.12 feet to the POINT OF BEGINNING. TOGETHER with that portion described in Special Warranty Deeds recorded July 25, 2007 in Book 1954 at Pages 461-466 as Reception No. 729027 and 729028. County of Garfield, State of Colorado COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 952654-C2 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment 5. ■ [Intentionally deleted.] 6. Release by the Public Trustee of the Deed of Trust from Thomas J. Monckton and Evelyn M. Monckton for the use of Alpine Bank to secure $442,528.50, dated June 28, 2004 recorded June 28, 2004 in Book 1600 at Page 121 as Reception No. 654846. Modification of Deed of Trust, filed in connection with the above Deed of Trust, recorded August 29, 2007 as Reception No. 731881. 7. Deed from vested owner(s) vesting fee simple title in the purchaser(s). Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). 8. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 952654-C2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 13, 1913 in Book 92 at Page 267 as Reception No. 48425. 11. [Intentionally deleted.] 12. Easement and right of way for ditch purposes as granted to John Roletto by William Sheppard, Harrison Clinetop, Lucy Clinetop Hale and Sarah E. Shaw by instrument recorded November 7, 1914 in Book 86 at page 319 as Reception No. 50379, in which specific location of the easement is not defined. 13. Easement and right of way for County Road purposes granted to Board of County Commissioners for Garfield County by S. E. Shaw and Lucy Clinetop Hale recorded March 15, 1921 in Book 117 at Page 478 as Rccc}pE ion No. 74651, in which specific location of the easement is not defined. 14. Easement and right of way for road as granted to The Board of County Commissioners of Garfield County by Henry Rohwer in the instrument recorded March 15, 1921 in Book 117 at page 479 as Reception No. 74653, insofar as subject property may be affected. 15. Affidavit, recorded December 21, 1972 in Book 439 at Page 102 as Reception No. 256447. 16. Resolution No. SB -35, recorded December 8, 1975 in Book 481 at Page 79 as Reception No. 270479. 17. Resolution No. 81-216, recorded July 24, 1981 in Book 577 at Page 611 as Reception No. 317374. 18. Affidavit RE: Boundary Line Adjustment, recorded September 27, 1985 in Book 676 at Page 286 as Reception No. 365291. 19. Affidavit RE: Boundary Line Adjustment, recorded May 14, 1993 in Book 862 at Page 504 as Reception No. 447441. 20. Easement granted to U.S. West Communications, Inc., recorded November 15, 1994 in Book 922 at Page 568 as Reception No. 471003. 21. Affidavit RE: Boundary Line Adjustment, recorded May 2, 2001 in Book 1250 at Page 422 as Reception No. 580265. 22. Right of way for the uninterrupted flow of Main Elk Creek. 23. All matters disclosed on the Improvement Survey Plat dated October 20, 2011 by Bookcliff survey Services, Inc. as Project No. 06175-01. 24. ■ [Intentionally deleted.] NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Policy 01-14 Waivers for Roads and Demonstration of Compliance March 3, 2014 A5 Section 7-107, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC) requires all roads to be designed to provide for "adequate and safe access" and reviewed by the designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road, street or alley, or private thoroughfare which affords primary access to abutting property, excluding a driveway accessing a single property." The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by a private party for access exclusively to private property." Many of the roads in Garfield County are private roads in that they are gated and do not serve the general public and they pre-existed the design currently required by the County's Road Standards as defined in Table 7-107. The LUDC allows for the waiver of specific standards provided that the following criteria have been met: 1) an alternative design achieves the intent of the subject standard to the same or better degree and 2) the proposed alternative will impose no greater impacts on adjacent properties than would occur through compliance with the specific standard (Section 4-118). In applications that include roads that do not meet current County road standards as outlined in Table 7- 107, the County has asked that Applicants request a waiver of Section 7-107.F, Design Standards, and include in the Application submittal sufficient information, prepared by a professional qualified in the specific discipline, to demonstrate that they meet the criteria outlined in Section 4-118 for granting a waiver. In doing so, the application must include: A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to include a clear statement that finds that the road will be adequate for the proposed use. This statement must be signed by a professional engineer qualified in traffic engineering and licensed by the State of Colorado. To support this evaluation, the following information will be required to be provided: o Geometry of the road — A description of how the private road does/does not meet the design standards in Table 7-107. This should include a chart that compares the private road design to those standards in Table 7-107, as well as a map that shows the existing road design and highlights those areas that deviate from the standards. A narrative may also be helpful in describing the characteristics of the road as they compare to Table 7- 107 design standards. Unless available, this is not intended to imply construction -level drawings. 11Page o Safety/Structural Issues — A description of obvious safety and/or structural issues observed and a statement about how these issues will be addressed. o Maintenance — A description of how the road is and/or will be maintained. This should be supported with the submittal of any existing or proposed maintenance agreements for the road sections. o Travel Demand — An accurate count of the existing peak travel demand as well as the Average Daily Traffic on the road. This should also include the types of vehicles that currently use the road as well as the additional amount and type of traffic that the proposed use will generate through all phases of its development. Other Evidence of Compliance. In addition, Sections 7-107.A, 8, C, D, and Eare required to be addressed, which includes documentation about legal access. Sufficient evidence will be required to be submitted to demonstrate compliance with these sections of the Code. 2 1 P a g e