MINUTES OF A REGULAR BOARD OF COMMISSIONERS ...

4-25-2000

MINUTES OF A REGULAR BOARD OF COMMISSIONERS MEETING

Present: Robert F. Anderson, Chairman; James L. Newberry, Commissioner; Duane E. Dailey, Commissioner; Lurline Underbrink Curran, County Manager; Anthony J. DiCola, County Attorney; Sara L. Rosene, County Clerk and Recorder

April 25, 2000

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Chairman Anderson called the regular Board of Commissioner’s meeting to order at 8:30 a.m. Department heads present for the Board’s business portion of the meeting were: Scott Penson, Ellen Parri, Billie Summerlin, Bill Gray, Tina Whitmer, and Sara Rosene.

Board Business/Correspondence/Calendar

County Attorney DiCola stated that the County has some options with regard to the Tabernash Meadows Water and Sanitation District. He stated that the options for the community of Tabernash are as follows:

1. The Board may want to meet with the community and see if the residents care how the Tabernash Meadows Water and Sanitation District is funded. The community may care how the funds are to be obligated. 2. The County can form an enterprise zone. The County would operate the plant for a period of time. The Board could not obligate tax dollars until an election is held. There would be an issue of taxability. The County could then keep the District or turn over the interest to a new district. 3. A Special Improvement District could be formed. No tax can be implemented until approved by the voters at an election.

The County Attorney noted that the most logical idea would be to form an Improvement District. Commissioner Newberry asked what would happen if the community stayed out of the District and the developer went ahead with the District. He asked if the community could be annexed into the District later. County Attorney DiCola stated that the community would lose the grant and low interest loans.

County Attorney DiCola recommended that the County set up an enterprise zone for the sanitation district. The sewer lines in the Tabernash community are included in the initial construction of the plant. Mr. DiCola stated that the main concern would be how to compel a community member to pay the sewer fee. He noted that a public meeting with the community would be a good idea. The meeting will be on May 10, 2000, at 7:00 p.m. in the Tabernash area.

County Attorney DiCola stated that he will prepare a letter to be sent to the residents of the Tabernash community explaining the concerns and options of the Board of Commissioners.

County Attorney DiCola stated that he has settled the Pitt case. The County has a 50-foot right-of-way, and the County will install a fence along that right-of-way. Ms. Pitt will not be allowed to install posts in the road. Each party will pay their own attorney’s fees. There will be no restriction on the use of the road. County Manager

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Underbrink Curran stated that the County Surveyor has staked the road, and the Road and Bridge Department will get it fenced by June 1, 2000.

County Attorney DiCola stated that the individual that would like to purchase The Colony sent a letter to Winter Park West Water and Sanitation District representing that the County has agreed that if districts are not in a hurry to get their money, then the County will not move forward with the Treasurer’s Deed on the property. Mr. DiCola stated that the County has never taken that position, and he informed the District of that. The District will not be responding to the letter.

Mr. DiCola stated that he has heard back from Mr. Gallagher regarding County Road 14N. He would like the County to accept a Special Warranty Deed for the road. He stated that a Special Warranty Deed excepts from warranty anything of record after Mr. Gallagher took ownership. Mr. DiCola stated that a $9,000,000 Deed of Trust has been placed on the property since the time Mr. Gallagher purchased it. If the Deed of Trust is foreclosed, the County will lose the right-of-way. Mr. DiCola recommended that the Board refuse to vacate the road until it is removed from the Deed of Trust. Ms. Underbrink Curran stated that she met with the ranch manager, and he would like the County to move forward on the resolution to vacate County Road 14N.

County Attorney DiCola stated that he has a problem with the Board approving a resolution for the road vacation before the right-of-way is taken out of the Deed of Trust.

Commissioner Newberry moved to approve the minutes of the Special Board of Health meeting of April 18, 2000.

Motion passed unanimously.

Commissioner Newberry moved to approve the minutes of the Regular Board of Commissioners meeting of April 18, 2000.


Commissioner Newberry stated that he understood that the open space question in Weld County failed. He understood that the question in Adams County passed.

The Board reviewed a letter from the Department of Local Affairs notifying the County that the Department is allocating $1,000,000 in Private Activity Bonds from the state-wide balance to Grand County for the purpose of financing mortgage credit certificates.

Commissioner Newberry prepared a letter to the editor of the local paper thanking the Tourism Board for its volunteer efforts.

Commissioner Newberry moved to authorize the Board to sign the letter to the editor thanking the Tourism Board for its volunteer efforts.



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Commissioner Newberry noted that there will be a meeting with CDOT on April 27, 2000, regarding funding for weed control. Commissioner Dailey will attend the meeting with Weed and Pest Supervisor, Billie Summerlin. Mr. Summerlin stated that the BLM is looking at renewal of grazing permits. He asked the Board to send a letter of support for the renewal of grazing leases as long as they adhere to the weed program.

County Manager Underbrink Curran presented the Board with a Resolution for a Private Activity Bond.

Commissioner Newberry moved to approve Resolution No. 2000-4-9, A Resolution authorizing the Chairman of the Board of County Commissioners of the County of Grand to execute a Private Activity Bond application for the Mortgage Credit Certificate Program.


County Manager Underbrink Curran stated that the NACO conference is in North Carolina this year, and she asked if any of the Board members would be going. They will review the agenda for that conference and get back with the Manager.

County Manager Underbrink Curran stated that she received the jail grant, and she has forwarded it to the County Attorney for his review.

Commissioner Dailey moved to approve Resolution No. 2000-4-10, A Resolution approving the final plat of the Mira Monte Subdivision Exemption located in a portion of the S1/2NE1/4SE1/4 of Section 36, Township 4 North, Range 76 West of the 6th P.M., Grand County, Colorado, and authorize the Chairman to sign the Wastewater/Water Quality Agreement and plat.

Motion passed unanimously. Public Health Nurse, Ellen Parri, stated that the Colorado Rural Health Center provides small grants for accessibility for health facilities to help with ADA requirements. She will make application for the new building.

The Council on Aging is in need of a smaller vehicle for transporting people to Denver. Commissioner Newberry stated that the County has a motor pool, and it may work to have the Council on Aging in that motor pool. The County Manager stated that she will look into the matter.

Finance Director

Finance Director, Robert Semsack, presented the Warrant Register and Expenditure List to be paid on April 26, 2000, for vendor payments. The list for this period was verified by the Finance Director for the Board’s approval.

Commissioner Dailey moved to approve and sign the warrants to be paid on April 26, 2000.


Mr. Semsack presented the Board with the February 2000 Highway Users Tax report. The amount received for February was $183,655.


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Crimmins Utilities Vacation and Variance for Subdivision Exemption Regulations

The public hearing scheduled to begin at 10:00 a.m. was called to order by Chairman Anderson at 10:06 a.m. Assistant County Attorney, Bob Franek, set the record for the Crimmins Vacation.

Exhibit A Letter of application dated February 15, 2000 Exhibit B Drawing - 2nd Amended Final Plat of Parcel B, Trail Creek Forest Subdivision Exemption and Crimmins Outright Exemption Exhibit C Legal description of the variance Exhibit D Legal description of the vacation Exhibit E Public Notice in the Sky-Hi News Exhibit F Proof of Publication in the Sky-Hi News Exhibit G Public review sheets (no signatures) Exhibit H Certified mailings with return receipts to all property owners within 500' (see Crimmins Outright Exemption Variance public hearing file of April 25, 2000) Exhibit I Grand County Planning Commission Resolution No. 2000-3-4 (vacation) Exhibit J Grand County Planning Commission Resolution No. 2000-3-5 (variance) Exhibit K Grand County Planning Commission Resolution No. 2000-3-6 (amended final plat and outright exemption) Exhibit L Certificate of Recommendation - vacation Exhibit M Certificate of Recommendation - variance Exhibit N Certificate of Recommendation - amended final plat and outright exemption

Assistant County Attorney, Bob Franek, set the record for the Crimmins Outright Exemption Variance.

Exhibit A Letter of application dated February 15, 2000 Exhibit B Drawing - 2nd Amended Final Plat of Parcel B, Trail Creek Forest Subdivision Exemption and Crimmins Outright Exemption Exhibit C Legal description for the variance Exhibit D Legal description for the vacation Exhibit E Public Notice in the Sky-Hi News Exhibit F Proof of Publication in the Sky-Hi News Exhibit G Public review sheets (no signatures) Exhibit H Certified mailings with return receipts to all property owners within 500' Exhibit I Grand County Planning Commission Resolution No. 2000-3-4 (vacation) Exhibit J Grand County Planning Commission Resolution No. 2000-3-5 (variance) Exhibit K Grand county Planning Commission Resolution No. 2000-3-6 (amended final plat and outright exemption) Exhibit L Certificate of Recommendation - vacation Exhibit M Certificate of Recommendation - variance Exhibit N Certificate of Recommendation - amended final plat and outright exemption

APPLICANT: Mr. Leonard Crimmins and Honor Ulveling RE: 2nd Amended Final Plat of Parcel B, Trail Creek Forest Subdivision Exemption and Crimmins Outright Exemption LOCATION: Sections 19 and 30, Township 3 North, Range 76 West


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STAFF CONTACT: Ben Schwab REQUEST: The applicants are requesting approval of an amended final plat that includes an outright exemption for a 0.13-acre parcel of land, currently part of the Trail Creek Forest Subdivision Exemption, Parcel B, to adjust a tract boundary to eliminate an existing encroachment of a substantial structure upon property of another.

The following is all or part of the staff’s Certificate of Recommendation to the Board of County Commissioners as presented at the meeting on April 25, 2000.

The applicants, Mr. Leonard Crimmins and Honor Ulveling, are currently the owners of Lots 2, 3, and 4 of Trail Creek Estates. In 1995, Mr. Crimmins and Ms. Ulveling hired a contractor to build a house on Lot 2. Building permit B95-73 and well permit #184061 were granted to the applicants in 1995 for their new construction located at 4562 County Road 41, Trail Creek Estates Lot 2.

Tim Shenk Land Surveying performed a boundary survey on Lots 3 and 4 of Trail Creek Estates in 1999, at the request of the applicants. It was then realized that the applicant’s home encroached upon the property of Mr. Mendez and Ms. Seda’s, Parcel B, Trail Creek Forest Subdivision Exemption. This dwelling also encroaches upon two (2) 20' utility easements, located along the northern property line of Lot 2 of Trail Creek Estates recorded in the real property records of Grand County at reception number 111780, and a portion of the Trail Creek Forest Subdivision Exemption Parcel B, recorded in the real property records of Grand County at reception number 97006827.

The applicants have worked with the adjoining property owners, Mr. Mendez and Ms. Seda, to resolve the encroachment of their home. The two parties arrived at a solution that would call for the applicant to purchase a 50' by 110' tract of land from Mr. Mendez and Ms. Seda through an outright exemption for the division of this parcel of land. This request for an outright exemption is justified under Section 1.4-Jurisdiction of the Grand County Subdivision Exemption Regulations. An outright exemption is granted for the division of a parcel of land when the Board of County Commissioner determines that such division may be permitted without complying with either Grand County Subdivision Exemption Regulations or Grand County Subdivision Regulations. Due to the conditions described previously, staff feels that this situation merits an outright exemption.

UA proper deed of transfer or merger of title should be provided, with combination language, from the owners of Parcel B to the owners of Lot 2 for the .13 acres. The Crimmins Outright Exemption is hereby combined with Lot 2, Trail Creek Estates, not to be sold, mortgaged or transferred separately. Additionally as a part of this agreement, the two parties have agreed that Mr. Crimmins and Ms. Ulveling will seek the vacation of the utility easement along the property boundary.

The properties are zoned Forestry and Open by Grand County. The purpose of the Forestry and Open Zone District is to protect lands suitable for agricultural and related uses including uses related to forestry, mining and recreation after additional permitting. Low density single-family residential uses are permitted in this zone district. Amended Parcel B, previously platted, is proposed to become 21.5 acres and Lot 2, which was also previously platted, is proposed to increase in size to 1.2 acres. Both proposed parcels are in compliance with the Grand County Zoning Regulations.

These two parcels of land are not located within any rural or urban growth areas designated by the Master Plan. The general goal for the future use of those areas outside of adopted growth areas is to continue to promote these


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areas as areas where rural development may occur, but only when accomplished in a manner where natural resources are preserved as well, including production agriculture. Staff feels that this land use and outright exemption will not have negative effects regarding the natural environment which characterizes the area that has been a major factor in making Grand County a desirable place in which to live. This outright exemption is in compliance with the Grand County Master Plan.

UA 3 ½ (three and a half) inch disk in AutoCAD which contains the physical features of the subdivision is required. These features should include, but not be limited to the following: lots with dimensions and ties to monumentation, roads, easements, drainage and detention ponds, fire hydrants, sewer and water line layouts, water courses, legal description, bearings and distances, utility layouts, septic field locations, open space, building envelopes and topography.

The Amended Final Plat is currently being reviewed by the County Surveyor. Upon completion, any comments and correction requests will be forwarded to the Applicant’s surveyor. UA Certificate of Taxes, showing property taxes to be paid in full, should be provided for both properties.

The Grand County Planning Commission recommended approval of the 2nd Amended Final Plat of Parcel B, Tail Creek Forest Subdivision Exemption and Crimmins Outright Exemption with Resolution No. 2000-3-6. The Planning Commission supported this request that will adjust a tract boundary to eliminate an existing encroachment of a structure being forever combined with Lot 2, Trail Creek Estates Subdivision with Staff’s conditions.

Staff recommends approval of the 2nd Amended Final Plat of Parcel B, Trail Creek Forest Subdivision Exemption with the following conditions met prior to recording the Amended Final Plat:

1. A proper deed of transfer or merger of title should be provided, with combination language, from the owners of Parcel B to the owners of Lot 2 for the 0.13 acre Crimmins Outright Exemption Parcel. 2. A partial release of Crimmins Outright Exemption from the lien of the Deed of Trust from Seda/Mendez for use of Union Bank and Trust is provided. 3. A Certificate of Taxes, showing property taxes to be paid in full, should be provided for both properties prior to the recording of the amended final plat. 4. A 3 ½ (three and a half) inch disk with AutoCAD file of the Amended Final Plat and Outright Exemption which contains the physical features of the subdivision is submitted prior to recording the amended final plat. 5. That the amended final plat be contingent on approval of Crimmins Outright Exemption Variance and Utility Easement Vacation. 6. A correct executed final plat mylar with support documents and recording fees are provided.

APPLICANT: Mr. Leonard Crimmins and Honor Ulveling RE: Crimmins Outright Exemption Variance LOCATION: Sections 19 and 30, Township 3 North, Range 76 West STAFF CONTACT: Ben Schwab REQUEST: The applicants wish to split 0.13 acres of land currently within Parcel B, Trail Creek Forest Subdivision Exemption and forever combine it with Lot 2, Trail Creek Estates Subdivision. Lot 2 will increase in size from 1.07 acres to 1.20 acres, while Parcel B will be decreasing in size from 21.63 acres to 21.50 acres.


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These properties are located within the Forestry and Open Zone District designated by Grand County. Grand County Zoning Regulations require a parcel considered for an Outright Exemption in the Forestry and Open Zone District to be at least 2 (two) acres in size. The proposed outright exemption parcel is 0.13 acres, which will require a variance in order to combine it with Lot 2. Therefore, the Grand County Board of Commissioners must grant a variance to the Zoning Regulations’ minimum lot size requirement for this division of land to occur.

Staff supports this variance request as the outright exemption parcel is being forever combined with Lot 2, Trail Creek Estates Subdivision, not to be sold, mortgaged or transferred separately. The Grand County Planning Commission approved the Crimmins Outright Exemption Variance Request with Resolution No. 2000-3-5. The Planning Commission supported this variance request for the outright exemption parcel as it is being forever combined with Lot 2, Trail Creek Estates Subdivision with Staff’s conditions.

Staff recommends approval of the variance for a 0.13 acre parcel, the proposed Crimmins Outright Exemption, with the following condition:

1. That the variance be contingent upon approval of the 2nd Amended Final Plat and Crimmins Outright Exemption.

APPLICANT: Mr. Leonard Crimmins and Honor Ulveling RE: Trail Creek Estates, Lot 2 and Trail Creek Forest Subdivision Exemption Parcel B-Utility Easement Vacation LOCATION: Sections 19 and 30, Township 3 North, Range 76 West STAFF CONTACT: Ben Schwab REQUEST: The Applicants are requesting approval for vacation of a 20' utility easement located along the northern property line of Lot 2 of Trail Creek Estates, and a portion of the 20' utility easement of the Trail Creek Forest Subdivision Exemption Parcel B.


The applicants, Mr. Leonard Crimmins and Honor Ulveling, are currently the owners of Lots 2, 3, and 4 of Trail Creek Estates. In 1995, Mr. Crimmins and Ms. Ulveling hired a contractor to build a house on Lot 2. Building permit B95-73 and well permit #184061 were granted to the applicants in 1995 for their new construction located at 4562 County Road 41, Trail Creek Estates Lot 2.

Tim Shenk Land Surveying performed a boundary survey on Lots 3 and 4 of Trail Creek Estates in 1999, at the request of the applicants. It was then realized that the applicant’s home encroached upon the property of Mr. Mendez and Ms. Seda’s, Parcel B, Trail Creek Forest Subdivision Exemption. This dwelling also encroaches upon two (2) 20' utility easements, located along the northern property line of Lot 2 of Trail Creek Estates recorded in the real property records of Grand County at reception number 111780, and a portion of the Trail Creek Forest Subdivision Exemption Parcel B, recorded in the real property records of Grand County at reception number 97006827.


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To rectify this encroachment, the Applicants are seeking to vacate a portion of the 20' utility easements. The proposed utility easements that will be vacated are located along the common property line of Parcel B and Lot 2. This includes the 20' utility easements that bounds the property line on the south and north located within the proposed Crimmins Outright Exemption Parcel. A further description of the vacation is illustrated in Exhibit A. The vacation does not include any of the utility easement that do not specifically fall within this description. The vacation of utility easements along Lot 2 and Parcel B does not leave an adjoining land without an established easement connecting said land with another established public easement.

The Applicants have worked with the adjoining property owners, Mr. Mendez and Ms. Seda, to resolve the encroachment of their home. The two parties arrived at a solution that would call for the Applicants to purchase a 50' by 110' tract of land from Mr. Mendez and Ms. Seda. Additionally as a part of this agreement, the two parties have agreed that Mr. Crimmins and Ms. Ulveling will seek the vacation of the utility easements along the common property line of these properties.

Staff has reviewed the request of vacating utility easements on said property for compliance with C.R.S. 43-2-303, Methods of Vacation. This vacation request complies with the C.R.S. Methods of Vacation, Sections 1(b) and 2(a). The Applicant and Staff have verified that there are no existing utilities within the proposed vacated utility easement. In Staff’s opinion, the vacation of utility easements on Lot 2 and Parcel B will not cause undue hardship on the surrounding property owners. Adjoining land owners will not be left without an established public easement or private-access easement connecting said land with another established public easement.

On March 8, 2000 the Grand County Planning Commission recommended approval for the Crimmins Utility Easement Vacation Request with Resolution No. 2000-3-4. The Planning Commission stated that new utility easements need not be provided, as adequate utility easements were available for adjoining land owners through existing easements.

Staff recommends approval of the vacation of the 20' utility easement located along the northern property line of Lot 2 of Trail Creek Estates, and a portion of the 20' utility easement of the Trail Creek Forest Subdivision Exemption, Parcel B with the following condition:

1. That the vacation be contingent on approval of the Amended Final Plat, Outright Exemption and Variance.

The applicants had no comment on the recommendations.

Chairman Anderson asked for and received no public comment.

Commissioner Newberry asked if the lots have individual septic systems. The property owner stated they do.

Commissioner Newberry moved to approve the Crimmins Outright Exemption Variance with staff’s recommendation.


Commissioner Newberry moved to approve the 2nd Amended Final Plat of Parcel B, Trail Creek Forest


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Subdivision Exemption and Crimmins Outright Exemption with staff’s recommendations.


Commissioner Newberry moved to approve the Trail Creek Estates, Lot 2 and Trail Creek Forest Subdivision Exemption Parcel B utility easement vacation with staff’s recommendation.


Commissioner Dailey moved to close the public hearing.


Highland Marina LLC Liquor License Renewal

Deputy County Clerk and Recorder, Rodney Horton, presented the Board with the liquor license renewal for Highland Marina LLC. The fees have been paid, the paperwork is in order, and the letter from the Sheriff shows no problems with the license.

Commissioner Dailey moved to approve the liquor license renewal for Highland Marina LLC.


Thurston Subdivision Exemption and Site Disturbance Variance

Associate Planner, Jeffrey Woeber, stated that Mr. Wayne Thurston is requesting a variance of the following section of the Grand County Subdivision Exemption Regulations:

Once submittal of a sketch plan has been made to the Grand County Planning Department for review of a subdivision exemption, no disturbance of the site, nor installation of any improvements associated with the proposed subdivision is allowed until after approval of the final plat by the Board of County Commissioners, or prior approval of a site disturbance or installation of required improvements has been authorized by the Board of County Commissioners.

Planning staff is currently processing a subdivision exemption for a 37.04 acre tract owned by Mr. Thurston. He is proposing two lots, one of which he will build a home on. He has applied for a building permit to begin construction of this home. He has stated he is on an extremely tight schedule. If he waits for final plat approval of the subdivision exemption, it could cause prolonged delays. It is for this reason that he is asking the Commissioners for “approval of a site disturbance or installation of required improvements”. Staff has no issues with this request at this time and recommends approval of this variance.

It should be noted that Planning Staff, along with the County Engineer, performed a site inspection on April 24, 2000.


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Commissioner Dailey moved to approve the application for variance for Wayne Thurston.


Board Business

Commissioner Newberry moved to sign a letter to Senator Wattenberg and Representative Taylor in opposition to Senate Bill 00-229 with regard to an increase in the current personal property tax exemption threshold. The matter has been discussed with the County Assessor.


Shores at Shadow Mountain

Planning Director, Bill Gray, stated that the site inspection was canceled due to weather. The site inspection was planned to look at the lots that were proposed to be built on the lakeshore. Mr. Gray noted that the developer has removed a lot from the plan. This allows for the home sites to be spread throughout the subdivision.

The County Attorney had been asked to look into the easement for the Northern District. There is an apparent easement that burdens the property. The developer noted that this easement has been ignored in the past. He noted that there are probably several buildings around the lake that are in this easement. The title companies have agreed to insure over this easement. Planning Director Gray recommended that the Board approve the Shores at Shadow Mountain removing Requirement No. 1.

County Attorney DiCola stated that he spoke with the attorney from the Northern District. The attorney for the District advised the County Attorney that the Bureau of Reclamation would like to review the documents that will be recorded for the new subdivision. The Bureau of Reclamation should be a review agency for this.

John Mitchell, attorney for the developer, has reviewed Senate Document 80. He noted that the easement on Shadow Mountain is not an exclusive easement. There are utility easements in the existing easement. He noted that this is not a worrisome easement. It will be insured over in the title policy.

Requirement No. 1 in the original Certificate of Recommendation will be deleted and replaced with:

The Bureau of Reclamation will be a review agency for this Plat.

Commissioner Newberry moved to approve The Shores at Shadow Mountain with staff’s recommendation. Recommendation No. 1 will be taken out and replaced as described above.


Grant Presentations-COPS Grant and Speed Trailer Grant

County Sheriff, Rodney Johnson, presented the Board with a policing grant. The purpose of the grant is to get more law enforcement personnel on the street. He noted that the town of Grand Lake applied for and received


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one of these grants a few years ago. The grants start with paying a large portion of an employee’s salary and decreases over a three-year period. Sheriff Johnson stated that if the County needs to increase its force over the years, this is the best way to do so.

Commissioner Newberry wondered if the County does have a shortage on deputies. He asked if the Sheriff would rather increase his force or increase salaries. Sheriff Johnson stated that he has not been able to increase salaries and feels that this would be the most appropriate use of funds.

The Board agreed to apply for the grant and review the commitment at budget time with the possibility of canceling the grant.

Commissioner Newberry moved to apply for the COPS grant and authorize the Chairman to sign the application.


Undersheriff, Glenn Trainor, presented the Board with the Colorado Rural Law Enforcement Program grant. This would allow the Sheriff to purchase a speed trailer. It track the speed of vehicles and computes the number of vehicles using the road. It will identify the top speed recorded and the lowest speed recorded. The unit has alarms and an axal lock. The Sheriff would like to use asset forfeiture funds to match the grant.

Commissioner Dailey moved to approve the Colorado Rural Law Enforcement Program grant for the purchase of a speed trailer.


Bear Dance Corral Subdivision Exemption Lots 1, 2, and 3


APPLICANT: Jean Oxley RE: Bear Dance Corral Lots 1, 2 and 3 Subdivision Exemption LOCATION: SW4SW4 of Section 2, Township 1 South, Range 76 West STAFF CONTACT: Heather L. Peck REQUEST: The applicant is requesting sketch plan approval of a three (3) lot subdivision exemption of a 40 acre parcel located in the SW4SW4 of Section 2, Township 1 South, Range 76 West.

The applicant is the owner of a 40 acre parcel located in the SW4SW4 of Section 2, Township 1 South, Range 76 West. Said parcel was conveyed to the applicant by Quit Claim Deed recorded in the Grand County Records at Reception No. 2000-001161.

The subject property is located on County Road 5 directly south of the Just Ranch Tracts and directly east of the intersection of County Road 5 and County Road 519. Section 3.6 of the Grand County Road and Bridge Standards requires that new roads and driveways shall intersect existing roads at 90-degrees. The existing intersection of County Road 519 and County Road 5 is not a 90-degree intersection, further, the intersection of


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the applicant’s road with County Road 5 does not intersect at a 90-degree angle. The applicant’s access road must intersect with County Road 5 at a 90-degree angle. This will require that the access road is moved to the north at its intersection with County Road 5, see attached Exhibit “A”. Additionally, Staff will require that the applicant provide a reclamation plan for a portion of the existing driveway cut, as shown on Exhibit “A”.

The applicant has started construction of the access road to the parcel proposed to be subdivided. Staff has informed the applicant that no further construction may occur on the property until this subdivision exemption receives final plat approval from the Board of County Commissioners and is recorded in the Office of the Grand County Clerk and Recorder. TAny approval of this subdivision exemption will require that the access road is built to County Standards. Plans and profiles for the access road and its intersection with County Road 5 must be provided, along with estimates for the cost of construction, for review by the County Engineer, with any final plat submittal.

The Fraser Valley Master Road Plan identifies the need for an east-west road connecting County Road 5 and the Fraser Valley Parkway in a general location along the section line of section 2 and section 11 (County Road 519 East). The installation of a connector road between County Road 5 and the Fraser Valley Parkway would alleviate higher traffic counts on County Road 5221 and its intersection with U.S. Highway 40, as well as creating more points of access into the Fraser Valley.

During sketch plan review by the Grand County Planning Commission, the applicant stated that she and Mr. Robert Yaklich, the adjoining property owner (Bear Dance Corral Lots 4, 5 and 6 Subdivision Exemption), had intended that the road serving the Bear Dance Corral Subdivision Exemptions would be privately dedicated. The Planning Commission agreed that it may not be necessary for this road to be dedicated to the public. In a recent conversation with County Engineer Gary Steffens, Mr. Steffens stated that an east-west connector road, connecting County Road 5 and the Fraser Valley Parkway, in this area may be necessary in the future, and although County Road 519 East was identified in the Fraser Valley Master Road Plan as the general location for this connector road, this location is not set in stone. Mr. Steffens also provided Staff with a memo dated April 12, 2000, that further clarifies his position on the dedication of the access road. TTherefore, the applicant must provide a draft General Warranty Deed or draft Deed of Easement for the access road, for the benefit of the property owners within this subdivision exemption and Bear Dance Corral Lots 4, 5 and 6 Subdivision Exemption, with any final plat submittal.

The applicant is proposing to create three (3) lots from the original 40-acre parcel. Lot 1 will contain 32.0 acres, Lot 2 will contain 4.0 acres, and Lot 3 will contain 4.0 acres.

The applicant states in her letter of application that she would like to construct a living space over the garage or barn. The Grand County Subdivision Exemption Regulations state that each lot is restricted to one single family dwelling per lot. Section XIII 13.1 (2) (i) of the Grand County Zoning Regulations allow for one “caretaker unit” per lot, provided said unit is constructed in accordance with this regulation. A caretaker unit constructed per this section of the Zoning Regulations would be allowed in a Subdivision Exemption, however, an additional detached unit would be in direct conflict with the Subdivision Exemption Regulations. Therefore, in accordance with the Grand County Subdivision Exemption Regulations, each lot will be restricted to one (1) single family dwelling per lot. TA note stating the same must be included on the final plat drawing.

The applicant is proposing to place all areas of the property not located within a building envelope into a conservation easement. All property owners within this subdivision exemption and the Bear Dance Corral Lots 4,


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5 and 6 Subdivision Exemption will be allowed to use the areas that are placed within this conservation easement. Staff believes that the conservation easement will greatly benefit the property owners within the Bear Dance Corral Subdivision Exemptions, as well as the county as a whole. The conservation easement will contain approximately 50 to 60 acres of open space. TA note stating the same must be included on the final plat drawing. Additionally, the applicant must provided a draft copy of the conservation easement to Staff with any final plat submittal, and a final copy of the conservation easement prior to any recording of this subdivision exemption.

As is indicated on the drawing, the tree line enters onto this parcel in the far southeast corner, and is contained mostly on proposed Lot 3. Appropriate siting (to minimize the visual impacts of the development) would require the placement of building envelopes within the treed area of the parcel. The parcel is quite open and vegetation consists mainly of sagebrush. The subdivision exemption is designed so that Lots 2 and 3 are clustered in the southeast corner of the property and the building envelope for Lot 1 stands alone along the western boundary just north of County Road 5.

On March 9, 2000, Staff met with the applicant on site to discuss appropriate building envelope locations. Since that time, the applicant has provided Staff with a drawing that shows the location of the building envelope on each lot within this subdivision exemption. Staff and the applicant are in agreement on the size and location of the proposed building envelopes.

Again, this property has a very high visual impact, both from County Road 5 and County Road 5221. The construction of three (3) single family dwellings on this property will cause considerable visual impacts from both of these locations. Any structure built on Lot 1 will be the hardest to mitigate visually from County Road 5. The applicant has provided a sketch of a possible landscape plan for this property. TStaff will work with the applicant toward a final landscape plan for this site, or a note on the plat requiring that a landscape plan is submitted with any building permit application on Lot 1. In a further attempt to mitigate said visual impacts, TStaff will require that design standards are applied to all lots created with this subdivision exemption. Design standards will include, but are not limited to revegetation of all disturbed areas, exterior use of earthen tone colors and materials (including facades, roofs, trim and doors), non-reflective glass, use of down-lighting, and landscaping on Lot 1.

The subject property is zoned Forestry and Open by Grand County. The minimum lot size in the Forestry and Open zoned district is two-acres. Each of the three proposed lots exceed the minimum lot size. Therefore, Staff feels that this proposal is in compliance with the Grand County Zoning Regulations.

The Grand County Master Plan consists of broad-based land use goals, policies and proposals intended to guide future development in Grand County. County and Town Growth Areas were established as areas for growth to occur. The subject property is not located within a growth area, however, Staff has generally held that the subdivision exemption process, permitting low density development, is suitable for use outside of a growth area. The preservation and enhancement of the natural environment in Grand County is critical. The County has enacted policies and objectives to preserve the unique and sensitive areas of the county including, but not limited to, streams, scenic vistas, and wildlife habitats. Development should be restricted or prohibited in these areas, as well as in natural hazard areas, including flood plains and areas with unstable geology. Because Pole Creek and Skunk Creek both cross this property, Staff had concerns that the property may be located in the 100-year flood plain for one or both of these creeks. The 100-year flood plain has not been delineated on the site, however, County Engineer Gary Steffens performed a site inspection of the property and


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feels that there is no danger of flood damage to any structures placed within the designated building envelopes from either of these creeks.

Review of wildlife habitat maps provided by the Colorado Division of Wildlife indicate that the property is located in mule deer, moose, and elk habitat range. In the interest of protecting the wildlife habitat, any approval of this subdivision exemption must address wildlife habitat protection and mitigation. The applicant has forwarded her plans to the Colorado Division of Wildlife for review and the finding of the Division of Wildlife were provided to this office on March 6, 2000, via a letter from Jerry Claassen, District Wildlife Manager. Mr. Claassen recommends that, due to the movements of wildlife through the area, perimeter fencing should be restricted or eliminated. TTherefore, Staff recommends that perimeter fencing is prohibited in this subdivision exemption, and any fencing necessary for livestock is designed and placed per the brochure “Fencing with Wildlife in Mind”, available from the Colorado Division of Wildlife.

The Master Plan encourages quality site design and emphasizes the importance of view protection. As was discussed previously in this review, this parcel is quite open with vegetation consisting mainly of sagebrush. A small treed area is located in the southeast corner of proposed Lot 3. The treed area consists of a very small area on the property, and several of these trees have been removed for the construction of the road within the access and utility easement along the southern property boundary. The removal of these trees on the property has a high impact on the visual quality of this parcel of land from County Road 5 and other surrounding properties. TWith this in mind, a revegetation and landscape plan must be provided with the road plans and profiles, for the purpose of establishing some vegetation within the road cut.

Staff feels that the visual impact of a structure on Lot 1 could be mitigated through the use of landscaping. However, landscaping would require water usage outside of the house. TTherefore, proof of water must be provided that will allow for irrigation of landscaping. The applicant has stated in her letter of application that additional water will be acquired and a water augmentation plan implemented to allow for outside use of the well on each lot. TThe decreed water augmentation plan must be provided with any final plat submittal.

The applicant has provided a plan showing a possible house elevation and landscaping for Lot 1. The applicant did address many of the concerns presented by Staff, with regard to the use of a landscape buffer to screen the building site from view from County Road 5. TStaff will work with the applicant toward a final landscape plan for this site, or a note on the plat requiring that a landscape plan is submitted with any building permit application on Lot 1. Any note placed on the plat regarding landscaping on Lot 1 will be very specific as to the intent of the landscaping (i.e. structures must be adequately screened from surrounding roadway views). Said landscape plan must consist of predominantly established vegetation, and a minimum tree height of 6' to 12'. The owner of the property on which the landscape plan is required must enter into a landscape agreement with Grand County at the time of building permit issuance. Said agreement will require that the property owner post a performance bond guarantee to ensure installation and maintenance of the landscaping in accordance with the landscape plan. As well, the use of a drip irrigation system, or other comparable irrigation system, will be required installed with any landscaping on Lot 1.

Lot 2 and Lot 3 are located in the southeast corner of the property. Staff feels that the visual impacts of any structures built on these lots can be mitigated through the use of design standards. Therefore, Staff will require that design standards are placed on the plat, to be applied to any structures built on these lots. Said design standards will include, but are not limited to revegetation of all disturbed areas, exterior use of earthen tone colors and materials (including facades, roofs, trim and doors), non-reflective glass, use of down-lighting.


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Growth Strategy No. C-10 specifically addresses the importance of maintaining and improving air quality and water quality and quantity. With this in mind, Staff will require that proper sediment and erosion control measures are taken with any construction, including, but not limited to, minimum site disturbance and revegetation of all disturbed areas. TA note must be placed on the plat stating that a site specific erosion and sediment control plan is required with each building permit application. TA note will also be required on the plat stating that all lots created by this subdivision exemption must comply with Section 2.8 Slash Removal/Disposal and Section 2.9 Solid Fuel Burning Devices of the Grand County Subdivision Exemption Regulations.

With the above items met, Staff feels that this request will comply with the Grand County Master Plan.

A vicinity map does not accompany the sketch plan. TThe applicant must provide a vicinity map meeting all requirements of the Grand County Subdivision Exemption Regulations.

Section 1.3 of the Subdivision Exemption Regulations permits the applicant to process a proposed land division with a minimum of time and expense, while encouraging the proper arrangement and construction of streets in relation to existing or planned streets; providing for adequate light and air; avoiding congested population; providing for proper traffic circulation; insuring adequate provisions for water, sewage and recreation; and regulating such other matters as the Planning Commission and Board of County Commissioners may deem necessary in order to protect the best interests of the public.

The regulations also state that the requirements contained within the regulations shall be regarded as minimum requirements for the protection of the public health, safety, comfort, morals, convenience, prosperity and welfare and that each lot must provide a desirable setting for construction so that natural features of the land may be preserved, views protected, privacy permitted and screening from trafficways made possible.

View protection, water quality, wildlife habitat, and building envelope locations are concerns that have been raised, and addressed, by the public through the Master Plan, the Planning Commission, Board of County Commissioners, and also in the Subdivision Exemption Regulations (as noted above). As was stated earlier in this review, the approval of this subdivision exemption, as proposed, would cause considerable visual impacts, especially with regard to the building envelope on Lot 1. TTherefore, Staff will require that design standards are placed on this subdivision exemption and applied to structures built on any lot within this subdivision exemption.

As stated in the subdivision exemption regulations provisions must be made to meet area needs for flood and fire protection. A wildfire mitigation plan must be provided for this subdivision exemption. TThe wildfire mitigation plan must address fire protection and suppression on the site, this could include the use of underground water storage tanks and a drafting site, and must be provided for review by the East Grand Fire Protection District with any final plat submittal.

The Board of County Commissioners has determined that all land divisions impact the schools in Grand County, therefore, school fees have been calculated using the formula adopted by the Board of County Commissioners and incorporated in the Subdivision Exemption Regulations. School Fees for this project were determined using the fair market value of $220,000.00 or $5,500.00 per acre.

3 (lots) x .50 = 1.5 1.5 x .0691 = .10365


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.10365 x $5,500.00 = $570.00

School fees in the amount of $570.00 must be paid prior to the recording of any final plat for this subdivision exemption.

Any final plat approval would require the applicant to enter into a Subdivision Improvements Agreement to guarantee the construction of all required improvements. The Subdivision Improvements Agreement must be secured with a letter of credit or escrow money in the amount of 110% of the total cost of construction of all improvements.

The applicant will also be required to enter into a Water Quality/Wastewater Agreement. This agreement requires the payment of $1,000.00 per lot, payment of a fee to the East Grand Water Quality Board of $10.00 per lot per year for a period of 10 years, for a total of $300.00, the placement of inspection ports on all septic systems and annual monitoring of each septic system.

Staff recommends approval of the Bear Dance Corral Lots 1, 2 and 3 Subdivision Exemption with the following conditions to be met prior to final plat review before the Board of County Commissioners.

1. The applicant design the intersection of the access road with County Road 5 to comply with Section 3.6 of the Grand County Road and Bridge Standards, which states that a new road shall intersect an existing road at a 90-degree angle. This will require that the access road is moved to the north at its intersection with County Road 5 (see attached Exhibit “A”). 2. The applicant provide plans and profiles, and cost estimates for the construction of the access road to access road standards. The plans and profiles must include a detail of the intersection with County Road 5 and County Road 519. Additionally, the applicant must provide cost estimates of the installation of underground utilities into this subdivision exemption. 3. A revegetation and landscape plan, acceptable to Grand County, is provided with the road plans and profiles, for the purpose of establishing some vegetation in the road cut. 4. The applicant provide a draft General Warranty Deed or draft Deed of Easement for the access road, for the benefit of the property owners within this subdivision exemption and Bear Dance Corral Lots 4, 5 and 6 Subdivision Exemption, with any final plat submittal. 5. A note is placed on the plat stating that each lot is restricted to one single family dwelling per lot. 6. A note is placed on the plat stating that the areas placed in the conservation easement (all areas outside of the building envelopes) are for use of all property owners within this subdivision exemption and the Bear Dance Corral Lots 4, 5 and 6 Subdivision Exemption. A draft Reciprocal Easement that grants the use of the conservation area to each lot owner must be provided with any final plat submittal. 7. The applicant provide a draft copy of the conservation easement with any final plat submittal. 8. A provision is made to require landscaping, as approved by the Department of Planning and Zoning, with any building permit application on Lot 1. The use of a drip irrigation system, or other comparable system, is required in conjunction with any landscaping installed on Lot 1. 9. The applicant provide proof of water and a copy of the decreed augmentation plan. The augmentation plan must permit outside irrigation. 10. A note is placed on the plat stating that all lots created with this subdivision exemption must comply with the Grand County Subdivision Exemption Regulations Section 2.8 Slash Removal and Disposal and Section 2.9 Solid


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Fuel Burning Devices. 11. The applicant provide a wildfire mitigation plan. This plan must address fire protection and suppression on site, this could include the use of underground water storage tanks and a drafting site. 12. A note is placed on the plat stating that no perimeter fencing of individual lots is allowed in this subdivision exemption, unless said fencing is constructed to applicable Colorado Division of Wildlife standards and the brochure “Fencing with Wildlife in Mind”, available from the Colorado Division of Wildlife. Proof or verification from the Colorado Division of Wildlife, that said fencing meets the applicable requirements, must be provided to Staff prior to construction of said fencing. 13. A note is placed on the plat stating that the following design standards are to be applied to each structure within this subdivision exemption: 1. A lighting plan for all structures must be submitted with building permit applications, for approval by the Grand County Department of Planning and Zoning. All lighting shall be directed so that there is no light trespass into the sky, surrounding properties, or streets. No up-lighting will be allowed. 2. All utility services must be placed underground. 3. Earthen tone colors and materials are to be used on the exterior of all structures, including but not limited to, facades, roofs, doors, and trim. 4. All glass must be of a non-reflective nature (i.e. double or triple glazed, high technology or low-E). 5. All disturbed areas must be revegetated with native grasses in the same growing season that disturbance occurs. 14. All final plat requirements are met.

The developer would like a caretaker unit added to Recommendation No. 5. The developer would like to be able to come back to the Board and discuss landscaping. The developer would like to have the recommendation regarding the color of the homes to be changed from earthen-tone to muted colors. Mr. Gray suggested that the color be muted/earthen-tone colors. He noted that the Building Department will work with Mr. Yaklich on this issue. The Board agreed with these changes.

Mr. Gray stated that this will be a gated community, and the developer will need to identify where the gate will be. The gate area will need to be identified in the Covenants, and it needs to be deeded to the homeowners.

Commissioner Newberry stated that he is concerned over the building envelope on Lot 1. It appears that the building will be in the meadow, not in the trees. The building will be in the view corridor. Associate Planner, Heather Peck, stated that she was concerned with the building envelope on Lot 1. It was determined that it will be placed in a lower area. She added that with landscaping, the building site would work. Commissioner Newberry stated that he believes that landscaping will not work. He does not agree with the building envelope that is identified on Lot 1. He noted that this division of land should be two lots instead of three.

Attorney, Ron Stern, stated that staff walked the site. The Planning Commission approved the recommendations as written. He added that the Board should approve the request as written.

Commissioner Dailey moved to approve the Bear Dance Corral Lots 1, 2, and 3 Subdivision Exemption with staff’s recommendations with the changes as identified by the developer.

Commissioner Dailey aye Chairman Anderson aye Commissioner Newberry nay


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The motion passed.

Bear Dance Corral Lots 4, 5, and 6 Subdivision Exemption


APPLICANT: Robert J. Yaklich RE: Bear Dance Corral Lots 4, 5 and 6 Subdivision Exemption LOCATION: SE4SW4 of Section 2, Township 1 South, Range 76 West STAFF CONTACT: Heather L. Peck REQUEST: The applicant is requesting sketch plan approval of a three (3) lot subdivision exemption of a 40 acre parcel located in the SE4SW4 of Section 2, Township 1 South, Range 76 West.

The applicant is the owner of a 40 acre parcel located in the SE4SW4 of Section 2, Township 1 South, Range 76 West. Said parcel was conveyed to the applicant by Warranty Deed recorded in the Grand County Records at Reception No. 2000-000071.

The subject property is located on County Road 5 directly south of the Just Ranch Tracts and directly east of the Oxley property (proposed Bear Dance Corral Lots 1, 2 and 3 Subdivision Exemption) and the intersection of County Road 5 and County Road 519. Section 3.6 of the Grand County Road and Bridge Standards requires that new roads and driveways shall intersect existing roads at 90-degrees. The existing intersection of County Road 519 and County Road 5 is not a 90-degree intersection, further, the intersection of the applicant’s road with County Road 5 does not intersect at a 90-degree angle. The applicant’s access road must intersect with County Road 5 at a 90-degree angle. This will require that the access road is moved to the north at its intersection with County Road 5, see attached Exhibit “A”. Additionally, Staff will require that the applicant provide a reclamation plan for a portion of the existing driveway cut, as shown on Exhibit “A”.

The applicant has started construction of the access road to the parcel proposed to be subdivided. Staff has informed the applicant that no further construction may occur on the property until this subdivision exemption receives final plat approval from the Board of County Commissioners and is recorded in the Office of the Grand County Clerk and Recorder. TAny approval of this subdivision exemption will require that the access road is built to County Standards. Plans and profiles for the access road and its intersection with County Road 5 must be provided, along with estimates for the cost of construction, for review by the County Engineer, with any final plat submittal.

The Fraser Valley Master Road Plan identifies the need for an east-west road connecting County Road 5 and the Fraser Valley Parkway in the general location along the section line of section 2 and section 11 (County Road 519 East). The installation of a connector road between County Road 5 and the Fraser Valley Parkway would alleviate higher traffic counts on County Road 5221 and its intersection with U.S. Highway 40, as well as creating more points of access into the Fraser Valley.

During sketch plan review by the Grand County Planning Commission, the applicant stated that he and Mrs. Oxley, the adjoining property owner (Bear Dance Corral Lots 1, 2 and 3 Subdivision Exemption), had intended that the road serving the Bear Dance Corral Subdivision Exemptions would be privately dedicated. The Planning Commission agreed that it may not be necessary for this road to be dedicated to the public. In a recent


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conversation with County Engineer Gary Steffens, Mr. Steffens stated that an east-west connector road, connecting County Road 5 and the Fraser Valley Parkway, in this area may be necessary in the future, and although County Road 519 was identified in the Fraser Valley Master Road Plan as the general location for this connector road, this location is not set in stone. Mr. Steffens also provided Staff with a memo dated April 12, 2000, that further clarifies his position on the dedication of the access road. TTherefore, the applicant must provide a draft General Warranty Deed or draft Deed of Easement for the access road, for the benefit of the property owners within this subdivision exemption, with any final plat submittal.

The applicant is proposing to create three (3) lots from the original 40-acre parcel. Lot 4 will contain 4.0 acres, Lot 5 will contain 4.0 acres, and Lot 6 will contain 32.0 acres.

The applicant states in his letter of application that he would like to construct a living space over the garage or barn. The Grand County Subdivision Exemption Regulations state that each lot is restricted to one single family dwelling per lot. Section XIII 13.1 (2) (i) of the Grand County Zoning Regulations allow for one “caretaker unit” per lot, provided said unit is constructed in accordance with this regulation. A caretaker unit constructed per this section of the Zoning Regulations would be allowed in a Subdivision Exemption, however, an additional detached unit would be in direct conflict with the Subdivision Exemption Regulations. Therefore, in accordance with the Grand County Subdivision Exemption Regulations, each lot will be restricted to one (1) single family dwelling per lot. TA note stating the same must be included on the final plat drawing.

The applicant is proposing to place all areas of the property not located within a building envelope into a conservation easement. All property owners within this subdivision exemption and the Bear Dance Corral Lots 1, 2 and 3 Subdivision Exemption will be allowed to use the areas that are placed within this conservation easement. Staff believes that the conservation easement will greatly benefit the property owners within the Bear Dance Corral Subdivision Exemptions, as well as the county as a whole. The conservation easement wil contain approximately 50 to 60 acres of open space. TA note stating the same must be included on the final plat drawing. Additionally, the applicant must provided a draft copy of the conservation easement to Staff with any final plat submittal, and a final copy of the conservation easement prior to any recording of this subdivision exemption.

On March 9, 2000, Staff met with the applicant on site to discuss appropriate building envelope locations. Since that time, the applicant has provided Staff with a drawing that shows the location of the building envelope on each lot within this subdivision exemption. Staff and the applicant are in agreement on the size and location of the proposed building envelopes.

Again, this property has a very high visual impact, both from County Road 5 and County Road 5221. The construction of three (3) single family dwellings on this property will cause considerable visual impacts from both of these locations. It is the opinion of Staff that the visual impacts can be mitigated with the use of design standards. TTherefore, Staff will require that design standards are applied to all lots created with this subdivision exemption. Design standards will include, but are not limited to revegetation of all disturbed areas, exterior use of earthen tone colors and materials (including facades, roofs, trim and doors), non-reflective glass, use of down-lighting.

The subject property is zoned Forestry and Open by Grand County. The minimum lot size in the Forestry and Open zoned district is two-acres. Each of the three proposed lots exceed the minimum lot size. Therefore, Staff feels that this proposal is in compliance with the Grand County Zoning Regulations.


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The Grand County Master Plan consists of broad-based land use goals, policies and proposals intended to guide future development in Grand County. County and Town Growth Areas were established as areas for growth to occur. The subject property is not located within a growth area, however, Staff has generally held that the subdivision exemption process, permitting low density development, is suitable for use outside of a growth area.

The preservation and enhancement of the natural environment in Grand County is critical. The County has enacted policies and objectives to preserve the unique and sensitive areas of the county including, but not limited to, streams, scenic vistas, and wildlife habitats. Development should be restricted or prohibited in these areas, as well as in natural hazard areas, including flood plains and areas with unstable geology.

Crossing this property is Pole Creek. Staff had concerns that the property may be located in the 100-year flood plain of this creek. The 100-year flood plain has not been delineated on the site, however, County Engineer Gary Steffens performed a site inspection of the property and feels that there is no danger of flood damage to any structures placed within the designated building envelopes from Pole Creek.

Review of wildlife habitat maps provided by the Colorado Division of Wildlife indicate that the property is located in mule deer, moose, and elk habitat range. In the interest of protecting the wildlife habitat, any approval of this subdivision exemption must address wildlife habitat protection and mitigation. The applicant has forwarded his plans to the Colorado Division of Wildlife for review and the finding of the Division of Wildlife were provided to this office on March 6, 2000, via a letter from Jerry Claassen, District Wildlife Manager. Mr. Claassen recommends that, due to the movements of wildlife through the area, perimeter fencing should be restricted or eliminated. TTherefore, Staff recommends that perimeter fencing is prohibited in this subdivision exemption, and any fencing necessary for livestock is designed and placed per the brochure “Fencing with Wildlife in Mind”, available from the Colorado Division of Wildlife.

Growth Strategy No. C-10 specifically addresses the importance of maintaining and improving air quality and water quality and quantity. With this in mind, Staff will require that proper sediment and erosion control measures are taken with any construction, including, but not limited to, minimum site disturbance and revegetation of all disturbed areas. TA note must be placed on the plat stating that a site specific erosion and sediment control plan is required with each building permit application. TA note will also be required on the plat stating that all lots created by this subdivision exemption must comply with Section 2.8 Slash Removal/Disposal and Section 2.9 Solid Fuel Burning Devices of the Grand County Subdivision Exemption Regulations.

With the above items met, Staff feels that this request will comply with the Grand County Master Plan.

A vicinity map does not accompany the sketch plan. TThe applicant must provide a vicinity map meeting all requirements of the Grand County Subdivision Exemption Regulations.

Section 1.3 of the Subdivision Exemption Regulations permits the applicant to process a proposed land division with a minimum of time and expense, while encouraging the proper arrangement and construction of streets in relation to existing or planned streets; providing for adequate light and air; avoiding congested population; providing for proper traffic circulation; insuring adequate provisions for water, sewage and recreation; and regulating such other matters as the Planning Commission and Board of County Commissioners may deem necessary in order to protect the best interests of the public.


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The regulations also state that the requirements contained within the regulations shall be regarded as minimum requirements for the protection of the public health, safety, comfort, morals, convenience, prosperity and welfare and that each lot must provide a desirable setting for construction so that natural features of the land may be preserved, views protected, privacy permitted and screening from trafficways made possible.

View protection, water quality, wildlife habitat, and building envelope locations are concerns that have been raised, and addressed, by the public through the Master Plan, the Planning Commission, Board of County Commissioners, and also in the Subdivision Exemption Regulations (as noted above). As was stated earlier in this review, the approval of this subdivision exemption, as proposed, would cause considerable visual impacts. TTherefore, Staff will require that design standards are placed on this subdivision exemption and applied to structures built on any lot within this subdivision exemption.

As stated in the subdivision exemption regulations provisions must be made to meet area needs for flood and fire protection. A wildfire mitigation plan must be provided for this subdivision exemption. TThe wildfire mitigation plan must address fire protection and suppression on the site, this could include the use of underground water storage tanks and a drafting site, and must be provided for review by the East Grand Fire Protection District with any final plat submittal.

In his letter of application, the applicant states that additional water will be augmented to allow for expanded use of the well on each lot. With this in mind, Tthe applicant must provide a copy of the decreed water augmentation plan with any final plat submittal.

The Board of County Commissioners has determined that all land divisions impact the schools in Grand County, therefore, school fees have been calculated using the formula adopted by the Board of County Commissioners and incorporated in the Subdivision Exemption Regulations. School Fees for this project were determined using the fair market value of $220,000.00 or $5,500.00 per acre.

3 (lots) x .50 = 1.5 1.5 x .0691 = .10365 .10365 x $5,500.00 = $570.00

School fees in the amount of $570.00 must be paid prior to the recording of any final plat for this subdivision exemption.

Any final plat approval would require the applicant to enter into a Subdivision Improvements Agreement to guarantee the construction of all required improvements. The Subdivision Improvements Agreement must be secured with a letter of credit or escrow money in the amount of 110% of the total cost of construction of all improvements.

The applicant will also be required to enter into a Water Quality/Wastewater Agreement. This agreement requires the payment of $1,000.00 per lot, payment of a fee to the East Grand Water Quality Board of $10.00 per lot per year for a period of 10 years, for a total of $300.00, the placement of inspection ports on all septic systems and annual monitoring of each septic system.

Staff recommends approval of the Bear Dance Corral Lots 4, 5 and 6 Subdivision Exemption with the following conditions to be met prior to final plat review before the Board of County Commissioners.


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1. The applicant design the intersection of the access road with County Road 5 to comply with Section 3.6 of the Grand County Road and Bridge Standards, which states that a new road shall intersect an existing road at a 90-degree angle. This will require that the access road is moved to the north at its intersection with County Road 5 (see attached Exhibit “A”). 2. The applicant provide plans and profiles, and cost estimates for the construction of the access road to access road standards. The plans and profiles must include a detail of the intersection with County Road 5 and County Road 519. Additionally, the applicant must provide cost estimates of the installation of underground utilities into this subdivision exemption. 3. A revegetation and landscape plan, acceptable to Grand County, is provided with the road plans and profiles, for the purpose of establishing some vegetation in the road cut. 4. The applicant provide a draft General Warranty Deed or draft Deed of Easement for the access road, for the benefit of the property owners within this subdivision exemption, with any final plat approval. 5. A note is placed on the plat stating that each lot is restricted to one single family dwelling per lot. 6. A note is placed on the plat stating that the areas placed in the conservation easement (all areas outside of the building envelopes) are for use of all property owners within this subdivision exemption and the Bear Dance Corral Lots 1, 2 and 3 Subdivision Exemption. A draft Reciprocal Easement that grants the use of the conservation area to each lot owner must be provided with any final plat submittal. 7. The applicant provide a draft copy of the conservation easement with any final plat submittal. 8. The applicant provide proof of water and a copy of the decreed augmentation plan. 9. A note is placed on the plat stating that all lots created with this subdivision exemption must comply with the Grand County Subdivision Exemption Regulations Section 2.8 Slash Removal and Disposal and Section 2.9 Solid Fuel Burning Devices. 10. The applicant provide a wildfire mitigation plan. This plan must address fire protection and suppression on site, this could include the use of underground water storage tanks and a drafting site. 11. A note is placed on the plat stating that no perimeter fencing of individual lots is allowed in this subdivision exemption, unless said fencing is constructed to applicable Colorado Division of Wildlife standards and the brochure “Fencing with Wildlife in Mind”, available from the Colorado Division of Wildlife. Proof or verification from the Colorado Division of Wildlife, that said fencing meets the applicable requirements, must be provided to Staff prior to construction of said fencing. 12. A note is placed on the plat stating that the following design standards are to be applied to each structure within this subdivision exemption: 1. A lighting plan for all structures must be submitted with building permit applications, for approval by the Grand County Department of Planning and Zoning. All lighting shall be directed so that there is no light trespass into the sky, surrounding properties, or streets. No up-lighting will be allowed. 2. All utility services must be placed underground. 3. Earthen tone colors and materials are to be used on the exterior of all structures, including but not limited to, facades, roofs, doors, and trim. 4. All glass must be of a non-reflective nature (i.e. double or triple glazed, high technology or low-E). 5. All disturbed areas must be revegetated with native grasses in the same growing season that disturbance occurs. 13. All final plat requirements are met.

Commissioner Newberry stated that he is fine with this subdivision exemption.

Commissioner Newberry moved to approve Bear Dance Corral Lots 4, 5, and 6 Subdivision Exemption with staff’s recommendations with the same changes as those identified in the Bear Dance Corral Lots 1, 2, and 3


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Subdivision Exemption.


Meadow’s Edge Subdivision Sketch Plan


APPLICANT: Mr. Frank Newcomer III, represented by Mr. Keith Smith RE: Meadow’s Edge Subdivision - Sketch Plan LOCATION: Portions of Sections 22, 23, 26 and 27, Township 1 South, Range 76 West of the 6th P.M. STAFF CONTACT: Edward T. Moyer REQUEST: The applicant is requesting sketch plan approval of Meadow’s Edge Subdivision, creating 40 Lots on approximately 182.6 acres. This provides a gross density of 1 dwelling unit per 4.55 acres and a net average lot size of 3.24 acres. The lots range in size from 2.6 acres to 4.2 acres.

The site is located along the south side of County Road 50, near the intersection of County Road 5001. This is the property that many people know as “Daisy Meadow.” In total, there are approximately 221 acres associated under the applicant’s ownership. Approximately 60.82 acres, that is surrounded by this proposal, is not proposed as part of the subdivision and will be kept in private under the applicant’s ownership.

The property is adjacent to Denver Water lands to the north and east, along with the Arapaho National Forest to the south. Talley Ho Ranch Estates, Boyd Subdivision Exemption, one unsubdivided ownership and Beaver Mountain Preserve Subdivision abut the property to the north and west. County Road 50 right-of-way makes up the majority of the property’s northern and western boundary between the above properties.

An additional 21.65 acres are proposed to be obtained from Denver Water through the Outright Exemption process in order to provide better access and road alignment to the site. The 21.65 acres are depicted within two (2) separate tracts and labeled as Outright Exemption Tracts “A” and “B”. The Tracts are located near the northeast and southeast corners of the property. TAny proposed Outright Exemptions should be submitted with any final plat application and furthermore conditioned on any approval of any final plat. With the 21.65 acre Outright Exemptions, the total acreage associated with the proposed subdivision is approximately 182.16 acres.

Staff would make mention that this is a very comprehensive sketch plan submittal and this review incorporates and establishes many preliminary plat requirements that are identified with a Tsymbol and should be specifically addressed or met with any preliminary plat submittal.

The property is zoned Forestry and Open (F) by Grand County. The minimum lot size on subdivided land served by well and septic is 2 acres, with a minimum lot width of 200 feet. The setbacks for all structures on each proposed lot are as follows: Front- 30', Side- 10' and Rear- 20'. In addition, Grand County has water quality setbacks that are a minimum of 30' up to 150'. These are determined based on the severity of environmental impact. Specific Building Envelopes are to be proposed and provided on any preliminary plat, which will guarantee the minimum water quality and zoning setbacks. This proposal is in compliance with the Grand County Zoning Regulations.


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The proposed subdivision is included within Grand County Rural Growth Area 1 (Pole Creek/Crooked Creek Basin) of the Grand County Master Plan. Growth areas were established by anticipated increased densities due to the proximity and future availability of cental water and/or sewer. Higher density growth (greater than 1 DU / 2 acres) is stated to be directed to the Urban Growth Areas. Lower density growth (less than 1 DU / 2 acres) should then be directed to the Rural Growth Areas. With this in mind, staff feels that this proposal is in compliance with this section of the Grand County Master Plan, since the average lot size is approximately 3.24 acres and has an overall gross density of 1 DU / 4.55 acres.

Another specific goal of the Grand County Master Plan is for new development to address residential housing alternatives in order to provide attainable housing for the full-time and part-time working residents of Grand County. TThe applicant should address the two attainable housing sections of the Grand County Master Plan (Chapter 3, Specific Goals & Objectives, Residential Development/Housing Alternatives and Chapter 4- Growth Strategy No. C-2) and provide a detailed proposal, which contributes to meeting these goals, with any preliminary plat submittal. WATER

Proof of availability of an adequate water supply, in the form of an approved augmentation plan, applicable to the current proposed subdivision, is required to be provided with any preliminary plat submittal. The applicant has provided a copy of an approved augmentation plan, Case No. 95-CW-98 from the District Court of Water Division 5, for this site. TThis existing augmentation plan will be provided to the Office of the State Engineer at preliminary plat for review based on the current proposal.

The Plan will provide water for use on a 220 acre, 40 lot subdivision. The use of each of the 40 wells allow for a single family dwelling, a caretaker house or attached unit, up to 2,000 square feet of lawn and garden and two horses. Given that there are approximately nine (9) lots (Lots 1, 2, 6, 7, 12 - 16) proposed to be encompassed within Outright Exemption Tracts A and B, all nine (9) of the wells are required to be within the original 220 acre boundary to comply with the augmentation plan. TTherefore, the areas of the nine (9) lots that are encompassed within proposed Outright Exemption Tracts A and B should be depicted and noted on the preliminary plat that no well is to be located within those areas. The portion of each lot that can encompass a well should be clearly noted and depicted as well.

An augmentation well is also required within the plan for water replacement into Spring Branch of Crooked Creek during any summer calling of downstream water rights. TThe location of the well is said to be placed about 460 feet from the Spring Branch of Crooked Creek; this should be depicted within a Tract on any preliminary plat, along with any engineered channeling, and be dedicated to the HOA. The applicant has stated that it will likely be located at the end of Meadow’s Edge Court cul-de-sac and will be piped to Spring Branch Creek. Detailed engineering is stated to be provided at preliminary plat.

The source of augmentation water is stated to be Windy Gap Water. It is stated that the Middle Park Water Conservancy District has approved the request to purchase up to 6 acre-feet of water from Granby Reservoir, available under Windy Gap water rights. TProof that the applicant has contracted with Middle Park and has paid for the water should be provided with any preliminary plat submittal.

As already stated, approximately 60.82 acres, which is part of the overall 220 acres within the augmentation plan,


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is not proposed as part of the subdivision and will be kept in private under the applicant’s ownership. It is staff’s understanding that the applicant is proposing to build a house, within the treed area of the 60.82 acres, near proposed Lots 37-39. Given this scenario, the applicant would be applying for a domestic well on the 60.82 acres. TStaff would question whether the 60.82 acres could be allotted additional water rights (well), since it’s part of the overall 220 acres that the augmentation plan has limited 40 wells on. TThis should be verified and legal proof of this should be provided with any preliminary plat submittal.

TWith any preliminary plat submittal, the applicant must provide a hydrologic study and mass water balance study, prepared by a professional water engineer/hydrologist, specific to this proposed site and which takes in consideration of surrounding wells. The study should identify sites for monitoring wells for water quality. The County Engineer will need to approve any well sites. The homeowners association will be responsible for quarterly monitoring of these wells.

TAll wells approved for this subdivision will require meters to be installed at the time of construction. The meter will be required to be verified by the State Water Commissioner, a licensed engineer or licensed plumber, that it was installed correctly, prior to any issuance of a letter of occupancy for any dwelling; this should be Noted on any preliminary plat.

TIn order to address water quality concerns for a long term, if this proposal is approved, the applicant will be required to provide $1,000.00 per lot, at the sale of each lot, to be held either by Grand County, or turned over to a properly formed Sanitation District, for future water quality measures. The applicant will be required to enter into a water quality agreement for the payment of this fund upon sale of Lots. A deed of trust in favor of Grand County for this amount will be required. This deed of trust must be first in line, therefore any deed of trust that exists against the property must be subordinated to this deed of trust.

SEWAGE

TThis proposal will be required to contract with a properly formed Sanitation District or approved entity for annual inspection of the Individual Sewage Disposal System (ISDS) on each site, if approved, and the homeowners will be required to pay that annual inspection cost. All septic systems designed for this site must be designed with two (2) inspection ports, one between the septic tank and leach field and one at the furthest end of the leach field, in order to accommodate annual monitoring. TThe septic design should be diagramed, with the above language, on any preliminary plat.

The applicant has provided Percolation Tests on 11 of the proposed Lots (27.5%), which is above and beyond the sketch plan requirements. The findings were provided within the Ground Engineering Consultants Report. The Percolation Rates ranged from 13 -160 minutes per inch (mpi). Three (3) of the 11 test sites averaged over 60 mpi. TPerk test location No. 5 should be depicted within the location map of Figure 1, along with the rest of the perk tests as they now appear on the existing proposed subdivision layout; this should be provided with any preliminary plat.

It is staff’s understanding that optimum rates used to be between 5 - 60 mpi. However, according to the Grand County Building Department, with today’s technology it seems that systems are being engineered for any perk rate. TAny Lots with percolation rates of 90 mpi and over should provide for a primary and alternate septic and leach field site within each lot. TIn addition, the applicant should provide additional Percolation Tests on all un-tested Lots that are adjacent to any lots with 90 mpi+ Percolation Rates. This will provide firm results to those


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areas where there are gaps in the testing results (i.e. current Lots 1, 2, 4-10, etc.) that are in proximity to 90 mpi+ rates. TThis must all be provided with any preliminary plat submittal.

The use of evapo-transpiration systems should be severely limited on this project. Any evapo-transpiration system will have to necessitate additional water supplied by any augmentation plan.

TGiven this subdivision’s location, it must be designed with easements that would accommodate future central sewer service. This must be clearly shown on any preliminary plat and be dedicated to the public. TIn addition, the applicant must provide a detailed sewer line layout, including any lift stations, etc., throughout the entire proposed subdivision.

Grand County requires underground placement of utility lines in order to preserve the natural environmental character of the countryside. TThe location and size of existing and proposed utilities within or adjacent to the lot is required to be provided with the preliminary plat. It is stated that electric, phone and natural gas will be placed underground to serve each lot.

ROADS

This proposed subdivision is located adjacent to County Road 50, which is designated as a Collector Road. The applicant, in good faith with the Grand County, has proposed to locate the east and main access in the far northeast corner of the property. This originally was a concern of the County, since the original east access point was in close proximity to the west access point (as shown) and was located near the bend of CR 50 / Hedlund ownership. However, the applicant has been successful in obtaining proposed Outright Exemption Tract “A” from Denver Water and therefore any east and main access will have a better intersection with CR 50 (sight distance, safety, etc.). Again, the Outright Exemptions will be reviewed with any final plat submittal and they should not be transferred into the applicant’s ownership until such time they would be approved with any final plat.

Grand County has made many capital improvements to County Road 50 in the past few years. These improvements include re-alignment, widening and re-surfacing to many areas of the road. In doing so, Grand County has developed a cost recovery proportional share for the improvements, using a formula that has been approved by the Grand County Board of County Commissioners. TThe applicant will be required to provide its’ proportional share in the cost recovery of County Road 50 improvements. However, the applicant has stated that to offset the proportional share, he would prefer to provide additional right-of-way along County Road 50, adjacent to the property. Through preliminary discussions with Mr. Rich Schroer, assistant supervisor of Grand County Road and Bridge Department, a 60' right-of-way is needed for this section County Road 50, adjacent to the property. At this time, staff is unsure what the total width of the right-of-way is along this section of road. TNevertheless, the applicant should depict the correct right-of-way on any preliminary plat and if there is not 60' right-of-way, the County could consider additional right-of-way as part of the applicant’s proportional share for County Road 50 cost recovery.

TA comprehensive and overall Traffic Study, which depicts anticipated volumes versus existing CR 50 traffic and needed upgrades, is required to be provided with any preliminary plat submittal. This proposed project produces approximately 320 ADT’s (40 units x 8 trips per day) and therefore would require the units to be served by a 60' Right-of-Way Local Road with a 24' driving surface. This is depicted on the plat.


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TRoad plans and profiles detailing the proper turning radius, grades, turnarounds, etc. that are applicable to the Grand County Road and Bridge Standards should be provided with any preliminary plat submittal.

TA comprehensive cost estimate, with road plans and profiles, should be provided to bring the roads and drainage up to current County Standards with any preliminary plat submittal.

It is stated that the site does not include any streams or water bodies. The topography is stated to range from gentle to moderate across the site. There is a well established grassy meadow surrounded by forested terrain. The steepest slopes found on site are said to be approximately 15-25%, which are located in the west and northwest portion of the site, sloping toward Spring Branch of Crooked Creek and County Road 50. These areas are not primarily located within the lots, which on the other hand generally have 1-15% slopes. The vegetation on site is stated to be typical alpine trees and occasional shrubs, with grasses from old hay production in the meadow.

Crooked Creek Supply Ditch is located on the site. It is staff’s understanding that this ditch may be abandoned. THowever, at this time it is unknown and any preliminary plat submittal should have detailed explanations and engineering on the proposed crossings and protection of the irrigation ditch, easements for maintenance and repair, building envelopes that segregate any development structure away from the ditch and ditch ownership. TGrand County has minimum water quality setback standards that require structures to be setback from waterways 30' - 150', this includes irrigation ditches. TSince it is unknown what party the ditch serves, lot owners within Meadow’s Edge do not have the right to impede, divert, or use any waters from Crooked Creek Supply Ditch. This must be Noted on any preliminary plat. In addition, it is staff’s understanding that there are a few areas of the ditch bank, notably within Lots 35 and 36, that have eroded and created drainage ways down to County Road 50. TThese areas of the ditch should be repaired in some sort to prevent further erosion to the steep embankment along County Road 50; detailed plans should be provided with any preliminary plat.

The Ground Engineering Consultants Report investigated on-site groundwater conditions. Although they did not encounter any near surface groundwater during their investigation, they did state that the groundwater should be expected to fluctuate in response to periods of heavy precipitation, run-off and landscape irrigation. The report states that groundwater in the immediate proximity of intermittent drainages may be less than 5 feet below the surface do to recharge from the drainages. With this in mind, staff is concerned about the proximity of any building envelope/structure, specifically with a basement, to the existing irrigation ditch within Lots 18, 35 and 36. TTherefore, a specific geo-technical and professional recommendation for high groundwater and seepage from irrigations ditches versus the location of foundations, septic systems and leach fields on the site, should be provided with any preliminary plat submittal. Mitigation measures, such as lining the irrigation ditches or placement of specific building envelopes at higher elevations than the ditch, should be provided.

The applicants have provided a Soil Investigation within the Subsurface Exploration Program - Preliminary Geo-Technical Recommendation - Individual Sewage Disposal System Feasibility Study prepared by Ground Engineering (GEC). According to the report, soils on site are stated to be primarily Cowdry loam, Cimarron loam and Frisco-peeler. These soils consist of inter-bedded clays, sands and clays, sands and sands and gravels. The clays and clayey gravels, clayey sands are stated to exhibit negligible to moderate potential for swelling. TColorado Geological Survey is a preliminary plat review agency and will be commenting on the proposal, based on GEC’s Report. Any recommendations from CGS will become conditions of any preliminary plat review.

TIn order to better determine site specific soil conditions, an individual soils investigation and engineered foundation should be provided for each unit, when applying for a Building Permit through the Grand County


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Building Department. In addition, all foundation excavations should be inspected and certified by the soils and foundation engineer, prior to any Footing Structures placed within the excavation, that the foundation is designed correctly according to the existing soils. This certification is required prior to request for a Footing Inspection by the Grand County Building Department. If changes to the engineered foundation are needed, the Building Permit is required to be amended. This is should all be Noted on any preliminary plat.

According to the preliminary GEC Report, geologic conditions on site, near surface bedrock, are stated to be of the Miocene Troublesome Formation. The formation is overlain by recent quaternary alluvial deposits and occasional surficial glacial drift of Pinedale and Bull Lake glaciation periods. Near surface materials are stated to consist of Quaternary gravels and alluvium river deposits consisting of coarse gravel and sand, with occasional cobbles or boulders of granite and gneissic Precambrian rock. TColorado Geological Survey is a preliminary plat review agency and will be commenting on the proposal, based on GEC’s Report. Any recommendations from CGS will become conditions of any preliminary plat review.

Radon Gas Hazards were also addressed within the Ground Engineering Consultants’ (GEC) Report. Staff understands that the potential for radon gas exists countywide, specifically in areas underlain by the Troublesome formation (Tt).

Currently, the US EPA guideline for acceptable indoor radon gas levels is 4.0 picoCuries of Radon per liter of air (VCi/l). The GEC report indicated that radon sample results from a EPA Radon Study, in association with the Tt formation, has an average radon concentration of twice (2x) the US EPA guideline (8.0 VCi/l+). It also concluded that 1 of 6 sample results was (5x) the EPA guideline.

The GEC report stated that the only way to determine if radon is present is to test for it after construction. In many cases where the structure is built over a ventilated crawl space, radon will not be present a problem, since buildup is minimized. THowever, homes with at grade or below grade levels need to have an underslab ventilation system installed during construction to minimize buildup. Staff would point out that this is a building permit requirement of all structures within the Fairways At Pole Creek Subdivision.

The applicant has stated that the proposed subdivision is well hidden from neighboring subdivisions and roads, with virtually no visual impact to the surrounding area. The closest building envelope is stated to be more than 200' from County Road 50, in which Open Space Tracts A and C create a heavily forested buffer strip in between. TBuilding Envelopes, located within the forested areas of each Lot and properly set back away from any irrigation ditch, should be depicted on any preliminary plat. Furthermore, staff feels that all homes should be of earthen tone or natural colors that coincide with the rural character of this area. TTherefore, it should be Noted on any preliminary plat that specific earthen tone and natural design colors are required on all structures. The applicants should be made aware that Grand County has a maximum building height of 35'. If there is significant grade differential from the front to the rear of a building, the proposed height could increase tremendously. The applicants should obtain information from Planning and Zoning that further details this process. Grand County considers all decks and patios to be part of the overall footprint of a structure.

TA revegetation plan is required to be submitted with the preliminary plat. TAn approved Stormwater Management Plan and Permit must be applied for and documentation of this provided with any preliminary plat submittal, since there is over 5 acres of the proposed subdivision being disturbed. TThe Final Approved Plan will be required to be provided at any final plat submittal. TAgain, since road construction commenced last fall, all


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sediment and erosion control devices must be in place according to the Plan prior to spring run-off or May 15, 2000. TIn addition, Northwest Colorado Council of Governments is a preliminary plat review agency and will be commenting on the proposal (Drainage Plan/Geologic Report/Soils Report), based on the 208 Water Quality Standards in particular. Any recommendations from NWCOG will become conditions of any preliminary plat review. The proposed design of the subdivision results in approximately 20% open space, meeting the minimum standard of the Grand County Subdivision Regulations. TThe open space will be required to be labeled as NDZ on the preliminary plat. These areas are provided within Tracts A - D. Originally, the applicant proposed that the 37.43 acre meadow portion of the 60.82 acre outlot, which is not part of this proposed subdivision, be placed in a conservation easement and become part of the subdivision’s open space. However, since the 37.43 acre meadow is not actually part of the overall subdivision acreage and cannot act as part of the overall open space calculation on the plat, staff had the applicant remove it from the Site Data. Staff conveyed to the applicant that if the subdivision homeowners are intended to have access/use of the meadow, it should be granted by an easement or the meadow should be part of the overall proposed subdivision’s open space. The Grand County Planning Commission did, however, feel that it should somehow be restricted from being built upon. TWith this in mind, the 60.82 acres should be conveyed to the owner of the property with the recording of any approved final plat and the 37.43 acre meadow portion should be deed restricted from any building. If this concept will not work do to any future conservation easement process (i.e. tax benefits), the applicant should provide staff with another plan with any preliminary plat submittal.

It is staff’s understanding that there is a trail system planned within the open space tracts that provides access around the meadow and to the National Forest. TAny trails plan should be provided with any preliminary plat submittal. In addition, the applicant has stated that additional right-of-way is proposed to be provided along County Road 50 for a bike path or other non-motorized used in order to improve the access to the Church Park area and provide for less interference with road traffic. Headwater Trails Alliance is a preliminary plat review agency for all proposed subdivisions. TThe applicant should meet with HTA to determine if there will be any trail requirements associated with this proposal.

At the April 12, 2000 Grand County Planning Commission meeting, it was a condition of approval that the applicant depict a signage monumentation tract adjacent to the main (east) entrances into the subdivision, off of County Road 50, if there is to be any signage planned. At this time, the applicant has depicted two (2) sign monumentation tracts at each entrance to the subdivision. The Grand County Zoning Regulations allow for only one (1) on-site identification sign/monument, not to exceed thirty-five (35) square feet in area per face. TTherefore, with this in mind, there should be only one (1), 20' x 20' signage monumentation tract depicted adjacent to the main (east) entrance into the subdivision. The second 20' x 20' sign monumentation tract should be removed.

TA complete erosion, sedimentation, and drainage plan, specific to this proposal and which conforms with the 208 Water Quality Standards, should be provided with any preliminary plat submittal.

TStaff feels that any division of land produces an impact on Grand County Schools and therefore fees will be required in lieu of school land dedication. The Grand County Subdivision Regulations allow the Board of County Commissioners the latitude to apply these fees. The calculation of school fees will be based on the dollar amount per acre of what the applicants paid for the property or Assessed Actual Value from the Grand County Assessor. School fees will be deposited with the Grand County Treasurer prior to any approved final plat being recorded.


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Fire Suppression on this proposed site is a concern. The applicant has depicted a 30,000 gallon storage tank on the plat. It is stated that the tank is proposed to be buried below frost line that will enable a fire truck to draft water during all seasons. Water is proposed to be purchased from a municipality and hauled to the tank and filled. Any Meadow’s Edge Homeowners Association will contract with East Grand Fire Protection District to monitor the water level an to fill it as required. The applicant has also stated that the plan has been reviewed in concept with Mr. Todd Holzwarth, Fire Chief and the detailed engineered plans will be provided with any preliminary plat. TAny 30,000 gallon fire suppression tank plans should be provided with any preliminary plat submittal, be part of the overall cost estimates and must be reviewed and accepted by the County Engineer. TThe site must also become a separate tract that would be conveyed to the homeowners association; this must be depicted on any preliminary plat and reflected within the Site Data.

The applicant has stated that a forestry management program has already been implemented to protect the health of the forest and that a large part of the forest was thinned. The applicant has also stated that the Colorado Forest Service has been on site and is preparing a wildfire mitigation plan, as well as suggestions on tree farming. It is staff’s understanding that the applicant wishes to create a tree farm on the property, as a portion of the property was part of the original Experimental Forest project. TWildfire mitigation is a concern in this area. A wildfire mitigation plan, prepared by a professional forester or the Colorado State Forest Service, should be provided for this property, including proof of payment, with any preliminary plat submittal.

Wildlife habitat is a concern. The Colorado Division of Wildlife is a preliminary plat review agency for all proposed subdivisions. The applicant has stated that the entire property has been barbed wire fenced for the past nine years and it seems that it was discouraged any wildlife migration routes. In addition, horses are being proposed to be allowed on each lot according to the augmentation plan. This in turn requires additional fencing on each lot, as well. TThe applicant should meet with DOW to determine any fencing and/or lighting requirements associated with this proposal. Any recommendations from DOW will become conditions of any preliminary plat review.

TComprehensive cost estimates for the internal roadways, drainage, underground placement utilities, revegetation and all other improvements should be provided with preliminary plat.

TAll required on and off-site improvements outlined with this Certificate will all be guaranteed through a Subdivision Improvements Agreement (SIA).

TCovenants for this proposed development must be provided with any preliminary plat submittal and be reviewed and accepted by the County Attorney.

TMany of the adjoining property ownerships have been depicted on the plat. However, all adjacent lots and ownership should be provided and labeled on the preliminary plat (i.e. Hedlund, Waltz, Clark, Pinnacle Rock Development, Johnson, Frei, etc.).

TGrand County has passed air quality regulations and this proposed subdivision is required to comply with them.

TThirty five (35) copies of all plats, reports, information, etc. will be required with any preliminary plat submittal.

Staff has brought forth many items and/or issues that the developer will have to address with any preliminary plat submittal. These items and/or issues have been brought forth at sketch plan review so the developer will not be


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surprised at preliminary plat review. However, this does not guarantee that other items and/or issues will not arise if the applicant submits a preliminary plat to Grand County for his proposed development. This is only sketch plan review and the purpose of this review is to see if the proposed idea has any merit and does not, in any way, give final approval.

The Grand County Planning Commission recommended approval of Meadow’s Edge Subdivision - Sketch Plan with staff’s conditions. Staff recommends approval of Meadow’s Edge Subdivision - Sketch Plan with the following conditions to be met or addressed with any preliminary plat submittal: 1. That all sediment and erosion control devices must be in place prior to May 15, 2000. 2. That there be only one (1), 20' x 20' signage monumentation tract planned, adjacent to the main (east) entrance into the subdivision. 3. That the 30,000 gallon fire suppression tank site be depicted as a separate tract and be reflected within the Site Data..

All items and/or issues identified with a T symbol should be specifically addressed or met with any preliminary plat submittal.

The applicant has no problems with the requirements.

Recommendation No. 1 will need to be changed to add the requirement that the County Engineer will inspection the devices.

Commissioner Newberry stated that the site disturbance is being done before approval. It seems that the requirements are not made in the order that is required.

Mr. Moyer stated that this is becoming more of an issue. He noted that the Board may want to add the requirement of a grading permit.

Ms. Louise Powers stated that there has been concern regarding regulations for grading permits. She agrees that there needs to be something in place for the individual landowner also.

Commissioner Newberry moved to approve Meadow’s Edge Subdivision Sketch Plan with staff’s recommendations including the addition of the County Engineer’s review of the sediment and erosion control.


CET Contract

Undersheriff Trainor stated that the CET contract has been administered by the Social Services Department in the past. With staffing problems, he is not able to do it. The County will receive 10 percent of the grant for administration.


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Commissioner Newberry moved to approve the CET contract and authorize the Chairman to sign the contracts between Grand County and the Division of Youth Services in the amount of $116,436 between three counties.


Board Business

April 25 All three Commissioners will attend the Troublesome Wilderness proposal meeting April 26 Commissioner Dailey will attend the town of Hot Sulphur Springs meeting regarding the County building variance Chairman Anderson will attend a Forest Service trip around Shadow Mountain Lake Commissioner Dailey will attend the RMNP Transit meeting Commissioner Newberry will meet with the mayors of Fraser and Winter Park April 27 Commissioner Dailey will attend the weed meeting with CDOT Chairman Anderson and Commissioner Newberry will attend the East Grand Middle School pen pal breakfast April 28 Commissioner Dailey will attend a meeting at the Far Pumping Plant Chairman Anderson will attend the Tourism Board meeting May 1 All three Commissioners will attend the Law Day activities All three Commissioners will attend the Emergency Management meeting

Fuel Bids

The continued hearing scheduled to begin at 2:45 p.m. was called to order by Chairman Anderson at 2:45 p.m. Road and Bridge Supervisor Branstetter stated that the fuel bids that were originally submitted were the same. The bids were reopen and Blackwell Oil has provided the lowest bid. He recommended that the bid be granted to Blackwell Oil in the amount of .0585.

Commissioner Newberry moved to award the fuel bid for one year to Blackwell Oil.


Commissioner Dailey moved to close the public hearing.


Pole Creek Valley Final Plat Discussion

County Attorney DiCola stated that he mentioned the sanitation district to the Board this morning. He is working to set up a meeting with the community of Tabernash. He would like the County to consider an enterprise zone for the sanitation district. Mr. DiCola will meet with the attorney for the developer this week.

Mr. Yaklich stated that he is ready to build tomorrow. The issue is when the building permits will be issued. If they can get permits issued, the developer can get the funding working. There is roughly about $5,000,000 hanging out. He noted that he cannot back the project for the community.


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Mr. Yaklich stated that he needs revenues coming in. If they cannot pre-sell before the plant is built, they will not be able to build this year.

Mr. DiCola asked if the people that are buying the lots will get a tap right away. Mr. Yaklich stated that the buyers would be obligated to purchase a tap immediately. Mr. Yaklich stated that until the revenues are coming in, the plant cannot be built. Mr. Yaklich will get a loan for his portion of the plant. It will allow the community’s portion of the plant to be built also. He would like people to get building permits before the plant is built with the understanding that the plant is being built this year. Mr. Yaklich wants the funding in place so they can build the plant.

Commissioner Newberry stated that he thought that the water and sewer had to be in place before building permits could be issued. Mr. Yaklich stated that the contracts for the sewer plant have a completion bond.

County Attorney DiCola stated that the County has not decided if the community should be in the District. The joint resolution between the County and the District agreed that the community would not be subject to general obligation bonds.

County Attorney DiCola stated that the community’s money has always been separate from the developer. He noted that Mr. Yaklich has found that he must get general obligation bonds.

Commissioner Newberry stated that his fear is that there will be half-built homes and no plant will be built. He noted that he does not want to be a part of this if this goes bad.

Chairman Anderson stated that he feels that the issues have been answered.

County Manager Underbrink Curran stated that the Board does see all the documents before the final plat is approved. The 1041 Permit requires the bonding at the time of final plat. Until the Board has passed a resolution of approval, the subdivision is not complete.

Requirement No. 45 of the Pole Creek Valley Final Plat should be:

“Allow building permits to be issued upon final plat approval, issuance of the 1041 Permit, and proof satisfactory to the County that financing for the plant is in place, proof that contracts and performance bonds are in place and building will take place in 2000 and notice that staff memo April 18, 2000, (in the resolution and building permits) which contains language as follows: “There is no guarantee that the water or sewer treatment facilities will be completed at the time the buyer applies for a Letter of Occupancy. If the water and/or sewer facilities are not operational at the time the buyer requests a Letter of Occupancy, a Letter of Occupancy will not be issued by the County and buyer may not occupy the residence until the water and sewer facilities are complete and operational. Buyer may apply for a building permit any time the buyer elects to do so. Buyer hereby acknowledges and agrees that the seller, the Board of County Commissioners, the County, and the District shall have no liability whatsoever if the buyer elects to obtain a building permit and is unable to obtain a Letter of Occupancy because the water and/or sewer treatment facilities may not be complete and operational and hereby waives any claims against and holds harmless the seller the Board of County Commissioners, the County and the District from any damages, losses, costs, and liabilities arising out of buyer’s inability to obtain a Letter of Occupancy upon completion of construction of the residence as a result of the water and/or sewer treatment


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facilities not being completed and operational.”

Commissioner Newberry does not want building permits to be issued until everything is in place.

Commissioner Newberry moved to approve the Pole Creek Valley Final Plat with modification of Recommendation No. 45 as shown above.

Discussion: The Water Quality fee is paid by the developer, secured by a Deed of Trust and paid upon the sale of each lot. The money wil be paid over by the county to the Water and Sanitation District for the community’s portion of the operation. It was also noted that the construction of the plant will be in the year 2000.


Social Service Plan

The Board convened a special meeting of the Board of Social Services.

Board Business

County Attorney DiCola stated that he has a strong feeling that the Board should not sign a resolution for County Road 14N today. The County does not have the necessary paperwork. The County Manager stated that she would like to have the Board approve the signing of the resoltuion outside the meeting when the received the County Manager receives the necessary paperwork.

Commissioner Dailey moved to approve the resolution vacating County Road 14N and allow the Commissioners to sign it outside of the meeting when the County has a clean deed.


Commissioner Newberry moved to approve Resolution 1998-3-18, A Resolution approving the Amended Final Plat of Lot 82 and Lot 83, Winter Park Highlands, Unit No. 1, Grand County, Colorado, and authorize the Chairman to sign the final plat Mylar.


There being no further business to come before the Board, the regular meeting was adjourned at 4:30 p.m. Minutes were taken and prepared by Sara L. Rosene, County Clerk and Recorder. Approved this _____________ day of May, 2000.

______________________________________ Robert F. Anderson, Chairman ATTEST:

_________________________________


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Sara L. Rosene Grand County Clerk and Recorder


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