BOARD OF COUNTY COMMISSIONERS HEARING November 21, 2011 North - - PowerPoint PPT Presentation

BOARD OF COUNTY COMMISSIONERS HEARING November 21, 2011

North

• Eastbank Commercial Center
• Evergreen Commercial Center
• H Lazy F Mobile Home Park
• Van Rand Commercial Park
• Fyrwald / Glendale Property
• Mountain Meadows Court

Mobile Home Park West

• Iron Bridge: 1.39 ac/ du (HD)
• Teller Springs: 8.3 ac / du

East

• Four Lane State Highway
• Lower Cattle Creek

(CR 113 Commercial (BP)

• RFTA Rail / Trail Corridor

South

• LaFarge Gravel Pit Operation
• Aspen Glen: 612 units

Teller Springs

Request: PUD Zone District (366 units) Subdivision Preliminary Plan Applicant: Carbondale Investments, LLC Representative: Rockwood Shepard Location: West side of SH 82 at Cattle Creek – 3.5 miles south GWS Access: SH 82 Water/Sanitation: Roaring Fork Water & Sanitation District Current Zoning: Suburban Proposed Zoning: Planned Unit Development Comprehensive Plan: FLUM – Residential High

Estate Lots

8 Lots (2%) Large lots for custom/semi-custom single family homes Minimum Lot Size 9,000 square feet Max Building Cover 50% Maximum Floor Area 6,000 sq. ft. Building Height 35’

Executive Lot 1 Lot

Semi-private lot, large custom single family. Minimum Lot Size 1 acre (43,560 sq. ft.) Max Building Cover 30% Maximum Floor Area 12,000 sq. ft. Building Height 35’

Town Lots

167 Lots (46%) Reasonably sized lots for semi-custom homes Minimum Lot Size 5,900 sq. ft. Max Building Cover 50% Maximum Floor Area 3,600 sq. ft. Building Height 35’

Village Lots

56 Lots (15%) Small lots, medium size tract or semi-custom homes Minimum Lot Size 5,000 sq. ft. Max Building Cover 60% Maximum Floor Area 3,200 sq. ft. Building Height 25’

Garden Home Lots

95 Lots (26%) Smaller two-unit or single-unit dwellings Minimum Lot Size 2,100 sq. ft. Max Building Cover 80% Floor Area Max 3,600 sq. ft. (single unit) 5,000 sq. feet (two unit) Building Height 25’

Attached Home Lots

39 Lots (11%) Large lots for medium sized attached or detached homes Minimum Lot Size 4,500 sq. ft. Max Building Cover 60% Floor Area Max 3,200 sq. ft (single unit) 5,000 sq. ft. (two unit) Building Height 35’

Filing 1 93 Lots 25% (of total lots) 2014 Filing 2 68 Lots 19% 2016 Filing 3 36 Lots 9.8% 2021 Filing 4 71 Lots 19.4% 2023 Filing 5 41 Lots 11% 2026-2028 Filing 6 61 Lots 16.6% 2031

Neighborhood Center Garden Homes Garden Homes 13 Affordable units

ATTACHED Homes TOWN Lots Park

TOWN Lots VILLAGE Lots ATTACHED Homes

GARDEN Homes – 28 Affordable Units

PARK

TOWN Lots TOWN Lots VILLAGE Lot

TOWN Lots VILLAGE Lots

GARDEN Homes

PARK

EMERGENCY VEHICLE ACCESS

Garden Homes 14 affordable units

TOWN Lots

Estate Lots

VILLAGE Lots

Water & Wastewater Utility

Park Executive Lot

TOWN Lots

Referral agency responses included:

• Concern with the creation of an unincorporated community
• Concern regarding development of remainder of the site
• Protection of the Conservation Easement values
• Impact to the Rio Grande Trail
• Wildlife
• Access and State Highway 82 impacts

Phasing The development lacks a definitive phasing plan other than sequence of what units will occur in each filing. One chart does list the years in which platting will occur, however the PUD documentation permits the Applicant to amend this phasing at any time, based upon market conditions. The applicant has agreed to add the phasing plan as an appendix to the PUD Guide and DA.

Comprehensive Plan

Future Land Use Map (FLUM) designation Residential High Density (3 du/acre to <2 acres/du) – project is 2.28 du/acre or .44 acres/du. ‘Unincorporated Community’

• Site is not located in Urban Growth Boundary
• Served with urban services
• Contract for police from sheriff should be established
• Connecting county road upgrades
• Fiscal costs to public considered
• Internal commercial for residents only
• Transit opportunities not provided
• Recreation/other amenities are provided
• School site not proposed

Waivers Requests Many of requested waivers are appropriate, such as road standards, stormwater standards, and landscaping. Further discussion is necessary regarding three sections:

• §7-203 A. Restrictive Inner Buffer for stream setbacks – staff

requests a site plan that indicates the particular activities and areas where this waiver is requested along with specific mitigation measures for each area (a condition could be added that addresses this issue at final plat)

• §7-206 B.2. Provision of sub-drains. CGS, the applicant’s

geotechnical engineer and the reviewing engineer recommend against this waiver. Further review will occur at final plat.

• §7-405 C.1.a. Private Roads are requested with the potential for

gating the community. The gating of this community has not been explained or demonstration provided regarding function.

Affordable Housing An Affordable Housing Plan must be approved at Preliminary

• Plan. Issues include pending regulatory amendment to

affordable housing requirements and the applicability of those changes to this application. Pricing is anticipated to be $160,000 to $200,000 per unit.

Access - Timing for permits and required improvements.

• State Highway Access Permit
• RFTA – Rio Grande Trail separation/relocation, at-grade crossing

for development. Lack of near-by access to public transportation.

• Colorado Public Utilities Commission - Among the PUC

responsibilities is rail regulation, including rail crossings. Public rail crossings require PUC licensing.

Water/Wastewater A pre-inclusion agreement with the Roaring Fork Water and Sanitation District has been executed. Physical improvements may include construction of a water storage tank as well as crossing (s) of the Roaring Fork River to access water and wastewater treatment facilities. County review

• f construction will occur via Location and Extent application.

Adequacy of legal water supply – Water Court Referee has issued rulings on pending decrees . There is adequate demonstration that 375 EQR’s are available to serve the potable supply for the development.

• Public Hearings held on 7/13/11 and 9/14/11
• Recommendation issued on September 14th
• Vote of 6 to 1 for a recommendation of approval

with conditions as contained in the staff report Condition 15, regarding the removal of the guesthouse provision has been completed, staff recommends replacing it with a requirement to include the phasing plan in the PUD Guide.

• 1. That all representations made by the Applicant in the application, and at the

public hearing before the Planning Commission and Board of County Commissioners 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 three years.
• 3. The maximum density permitted in the River Edge Colorado project shall

be 366 dwelling units.

• 4. The PUD Plan, PUD Guide and Preliminary Plan documents shall be

updated based upon the approval granted by the Board of County Commissioners and copies provided to Building & Planning. These documents shall be attached to the resolutions associated with these applications.

• 5. The Development Agreement shall be finalized based upon Garfield

County Attorney Office and Board of County Commissioner comments and shall be recorded in conjunction with the resolution (s) associated with these applications.

• 6. Grading Activity / Reclamation
• a. The applicant shall obtain a grading permit prior to initiation of any on-site

activity related to Phase 0;

• b. Sufficient revegetation security shall be provided at grading permit;
• c. No activity related to reclamation or development of the project shall occur

until such time as a State Highway Access Permit (SHAP) and Notice to Proceed has been issued by the Colorado Department of Transportation (CDOT); 7. Vegetation

• a. Prior to issuance of a grading permit or approval of a final plat, whichever

shall come first, the Applicant shall provide a management plan for noxious weeds on REC property well as on the Conservation Easement parcel if agreed to by the Roaring Fork Conservancy;

• b. The Open Space Management Plans shall be amended to remove the 5%

requirement prior to treatment of noxious weeds as State statute requires that state listed A and B species must be eradicated when detected with which the County concurs regarding all noxious weeds.

• c. County Vegetation Management Director shall be consulted regarding the

calculation of revegetation security.

• 8. Geology

The Applicant shall comply with the recommendations contained within the Geotechnical Engineering Report submitted for the project, as such recommendations may be amended through further geotechnical investigations, including the items listed

• below. The geotechnical engineer evaluating the site shall consider the

recommendations provided by the Colorado Geological Survey.

a. Detailed geotechnical investigations shall be provided as part of the final design submitted for each final plat and prior to the commencement of construction on the site; provided, however, that detailed geotechnical investigations for pre-development reclamation (Phase 0) activities, which activities shall be conducted as part of obtaining the required grading permit. Detailed cost estimates shall be included for mitigation done as part of the public improvements. b. Specific foundation designs for buildings shall be prepared by a professional engineer licensed in the State of Colorado and submitted at building permit. c. Subsidence and sinkholes are considered a potential risk across the site. The Applicant shall provide necessary mitigation where further geotechnical investigations reveal that the soil and bedrock conditions below critical road sections may lead to failure. Mitigation may include providing plans for alternate temporary access. “Critical road sections” are those road sections which if damaged by subsidence would eliminate access to lots within the REC project. d. If an agreement is reached with the Roaring Fork Conservancy to stabilize the base of steep escarpments, a maintenance easement and plan shall be provided to the County. e. An underdrain system shall be provided to protect below-grade construction such as retaining walls, deep crawlspace and basement areas. The drain shall be placed at each level of excavation and at least

• ne foot below the lowest adjacent finish grade.

• 8. Geology (continued)

f. Post reclamation (Phase 0) or post overlot/mass grading, as applicable, cut depths for buildings,

structures or roadways shall not exceed 15 feet and fills should be limited to 10” in depth and not placed on steep downhill slope areas. Permanent unretained cut and fill slopes shall be graded at 2 horizontal to 1 vertical or flatter and protected against erosion by revegetation or rock riprap. g. The grading plan shall consider runoff from uphill basins that drain through the project and at individual sites and water shall not be permitted to pond which could impact slope stability and foundations. h. Infiltration shall be limited into the bearing soils next to buildings by required exterior backfill to be well compacted and have a positive slope away from the building for a distance of at least 10 feet. i. Roof downspouts and drains will be discharged a minimum of ten feet beyond the limits of all

• backfill. Landscape irrigation shall be limited in accordance with the provision of the irrigation

system standards submitted with the PUD Application to ensure water application rated to not generally exceed evapotransporation rates. j. A detailed pavement design shall be provided in conjunction with submittal of each final plat - to determine if fine-grained soils exist that need to be removed. Where fill placement will occur as part of road construction activities in association with nay final plat as part of the subdivision improvements rather than in advance of the final plat application as part of reclamation (Phase 0)

• r overlot or mass grading activities, a geotechnical report shall be submitted to the County for

review prior to paving; such report shall demonstrate that the fill will achieve the pavement design

• bjectives in the pavement design report submitted with the subject final plat.

k. The soils type results in a requirement for concrete exposed to on-site soils contain Type I/II portland cement (less than 5% tri-calcium aluminate).

Wildlife The Applicant shall comply with the recommendations contained within the reports

• f its consulting wildlife biologist and the Colorado Division of Wildlife, including the

following:

a. Lighting of open space areas, including indirect lighting and transient lighting from roads and homes, is not recommended. Street lighting shall generally conform to the lighting plan submitted as part of the PUD Application. Lighting of open spaces except that required around building in accordance with safety requirements is not

• permitted. Tall vegetation should be allowed or supplementally planted 10’ off of the

roadsides in areas where headlights from vehicles illuminate open space areas. b. Fences along roads should not be permitted exclusive of the elk fence along SH 82, cut and/or fill slopes along roads should be designed to facilitate wildlife movement except where retaining walls are utilized; this includes using native plant materials that mimic local native vegetation species and distribution in general conformance with the landscape plan submitted with the PUD Application. c. Trails within REC and continuous open space areas shall be closed by the Property Owners Association during sensitive deer and elk winter seasons. Dogs, outside of yards or dog parks, should be on a leash year-round. d. Wildlife friendly fences should be required in the Cattle Creek and Roaring Fork River corridors.

Wildlife (continued) The Applicant shall comply with the recommendations contained within the reports

• f its consulting wildlife biologist and the Colorado Division of Wildlife, including the

following:

e. Open Space Tracts are used as winter range; therefore, reclamation will need to occur using appropriate native plant species and vegetation profiles in general conformance with the specifications in the Reclamation Plan and landscape plans submitted with the PUD Application. Revegetation should occur as soon as possible. Noxious weeds should be treated bi-annually to minimize spread and impact on winter range. f. Dog and cat restrictions should include limitation of one dog and/or cat per unit (plus young up to 3 months); dogs must be leashed when outside of fenced yards during the winter months; loose or uncontrollable dogs and contractor dogs should be prohibited. g. Development of the REC project shall generally comply with the Erosion Control and Sediment Control Plan submitted for the project, and as more specifically detailed with each final plat, in order to reduce the likelihood of pollutants and sediment form developed areas from reaching Cattle Creek and the Roaring Fork River. Runoff should be filtered before running into the river or caught and used for irrigation purposes. h. All utilities shall be buried.

• 10. Access and Roadways
• a. Prior to issuance of a grading permit or submittal of the first Final Plat, whichever

shall be submitted first, the Applicant shall submit a Crossing License from the Colorado Public Utilities Commission (PUC), if required by state law. If PUC review and approval of the crossing is not required the Applicant shall provide a letter from the PUC to that effect. b. Prior to issuance of a grading permit or submittal of the first Final Plat, whichever shall be submitted first, the Applicant shall provide documentation from Roaring Fork Transit Authority (RFTA) regarding the acceptance of construction to grade separate the Rio Grande Trail in the vicinity of the project entrance. If construction collateral is not required by RFTA then collateral for this improvement shall be included in a County Improvements Agreement. c. The REC alley design must include a design vehicle minimum of either an emergency response vehicle or a garbage truck

• 11. Water

a. Prior to issuance of a grading permit or submittal of the first Final Plat, whichever shall be submitted first, the Applicant shall provide a copy of the signed District Court, Water Division 5 Decrees in Case No. 07CW164 and Case No. 08CW198. b. Prior to issuance of a grading permit or submittal of the first Final Plat, whichever shall be submitted first, the Applicant shall provide a copy of the executed pre- inclusion agreement related to the provision of water and wastewater service to the River Edge Colorado development.

• 12. Final Plat Requirements

The Applicant shall comply with the following final plat requirements in addition to those requirements contained within the Garfield County Unified Land use Resolution of 2008, as amended (ULUR).

• a. The Applicant shall provide the following information as submittal

requirements with the first final plat application: i. An Improvements Agreement; ii. Demonstration of formation of the Property Owner’s Association;

• iii. Draft deeds for conveyance of improvements, facilities or real property

from the Applicant to the POA;

• iv. Covenants, Conditions and Restrictions (CCR’s) applicable to the

development.

• b. Plat notes, in addition to the standard notes, shall include the following:

i. Engineered foundations shall be required for all buildings within the

• development. These foundation plans shall be stamped by an

engineer licensed in the State of Colorado or a letter stamped by a qualified geotechnical engineer stating that no special foundation design is necessary.

• 12. Final Plat Requirements

The Applicant shall comply with the following final plat requirements in addition to those requirements contained within the Garfield County Unified Land use Resolution of 2008, as amended (ULUR).

• a. The Applicant shall provide the following information as submittal

requirements with the first final plat application: i. An Improvements Agreement; ii. Demonstration of formation of the Property Owner’s Association;

• iii. Draft deeds for conveyance of improvements, facilities or real property

from the Applicant to the POA;

• iv. Covenants, Conditions and Restrictions (CCR’s) applicable to the

development.

• b. Plat notes, in addition to the standard notes, shall include the following:

i. Engineered foundations shall be required for all buildings within the

• development. These foundation plans shall be stamped by an

engineer licensed in the State of Colorado or a letter stamped by a qualified geotechnical engineer stating that no special foundation design is necessary.

• 13. The Applicant shall submit an appraisal with the first application for Final Plat in

the subdivision 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 of the first final plat for the subdivision.

• 14. Prior to approval and recordation of the first final plat The Applicant shall be

required to comply with Resolution 2008-05, the required residential impact fee

• f $730.00 per unit for the Carbondale and Rural Fire Protection District.

Payment of this fee shall occur prior to approval of the first final plat for the subdivision.

• 15. The ‘Guesthouse’ provision in the PUD Guide shall be removed.

This provision has been removed from the PUD Guide. Staff would recommend that this condition be changed to “The development phasing plan shall be included in the PUD Guide detailing the order of the development and timeframe in which the filings will be platted.”