Marabou/Busby Amendment to a Land Preservation Subdivision

Staff Report - Marabou
PX2014-008 & PS2014-003
07/02/2014
Marabou/Busby Amendment to a Land
Preservation Subdivision Exemption &
Lot Line Adjustment
ACTIVITY #:
PX2014-008 & PS2014-003
HEARING DATES:
Planning Commission (PC):
07/10/2014 at 6:00 p.m.
Board of County
Commissioners (BCC):
07/29/2014 at 1:30 p.m.
PETITIONER:
Tom Braun, Representative for Marabou Homeowners
Association and Andrea Busby as co-applicants.
1.) Amendment to the Boundary of the LPS and
Amendment to the Development Agreement to add
a buildable lot.
PETITION:
2.) Lot line adjustment between Gerties Park Sub
Exemption and Marabou LPS.
LOCATION:
Remainder Parcel #3, Marabou F2 and Lot 7 Gerties Park
Subdivision.
ZONE DISTRICT:
AF
AREA:
1,796 acres Marabou & 55 acres Gerties Park Exemption
but approximalty 28 acres are being considered as part of
this application.
STAFF CONTACT:
Kristy Winser
ATTACHMENTS:
•
•
•
•
Marabou LPS Amendment Map
Amended Development Agreeement
Letter from Western Bionomics
Condtions of Approval PX2005-013
History:
The Marabou Land Preservation Subdivision was originally approved in 2006 which
included a total of +/-1,796 acres and created 62 residential development homesites with
approximately 1,360 acres of remainder parcel lands having various accessory buildings.
The average lot size is between 6-7 acres, and the average building envelope size is less
than 1 acre. The main objectives of the site design for the project were to ensure the
continuation of agricultural uses of the land and to minimize impacts to wildlife resources.
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PX2014-008 & PS2014-003
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In particular as it relates to this application, the original design included took environmental
conservation into consideration by implementation of a restoration program and ongoing
protection of the Elk River Corridor by including this area within Remainder Parcel lands.
It should be noted that the overall acreage (1,796 acres) allowed for 51 “use by right”
homesites. Approximately 1,360 acres of remainder parcel lands were established which
allowed for up to 13 additional “bonus” homesites, for a total of up to 64 homesites.
However, only 62 homesites have been platted. As such, the project has density available
for up to two additional homesites (subject to County review and approval) and would
allow for the creation of a new lot (proposed B10.).
Site Description:
The Marabou site varies from the Elk River and its floodplain to the west side of Deer
Mountain having its main entrance at C.R. 42. Present uses on the land include 62
residential development sites and agricultural type land uses– from grazing to irrigated
meadows. The second part of this application is the inclusion of land from the Gertie's
Park exemption, lot 7 which is located north of CR. 44 with a 10 acre parcel (subject of
this application) to remain between CR. 44 and the Yampa River, for a total of 55.44
acres.
Area Detail
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PX2014-008 & PS2014-003
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Project Description:
The Busbys purchased Marabou Lot B9 from the original developer, Elk River Partners
(ERP) in 2010. At that time, the Busbys were very interested in developing a barn and
riding arena for their exclusive use. However, the Marabou Charter and the DA did not
allow for these types of improvements to be located on individual lots. These types of
uses were permitted at Marabou, but only on Marabou Owners Association (HOA).
common area.
To facilitate the sale of lot B9, ERP implemented a solution that would allow the Busbys
to develop a barn and riding arena next to their Lot B9 on Remainder Parcel #3. ERP’s
solution involved the establishment of an easement for a “barn site” on the Remainder
Parcel #3 land immediately east of Lot B9 (Busbys). A Supplement to the Marabou
Charter was then approved which designated these +/-4.1 acres as: “Limited Common
Area” for the exclusive use by the owners of Lot B9 (Busbys).
As a result, the underlying land is currently owned by the Association, but the barn
improvements which have been constructed thereon (e.g. barn, riding arena, fencing,
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PX2014-008 & PS2014-003
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landscaping, re-vegetation, site improvements, etc.) are currently owned by the Busbys.
While this solution resolved the needs of both ERP and the Busby’s at that time, two
issues have come about;
• The Association is currently burdened with the liability risk of having what is
essentially a private equestrian center on HOA-owned land, which the Association
would like to be relieved of; and
• The Busbys would like to develop an apartment (a dwelling unit) on the upper floor
of the barn. However, as currently drafted, neither the County zoning regulations,
the DA, nor the Marabou Charter allow for this type of use in the upper level of the
barn.
To resolve this issue of real and personal property located on Remainder Parcel #3, the
Busby’s are asking to add 8.3 acres that they acquired from a parcel of land north of the
Elk River known as “Lot 7, Gerties Park Exemption” to Remainder Parcel #3 while at the
same time creating new Lot B10 for the Busby’s to own. Lot B10 will be approximately 7
acres in size and will encompass all of the existing barn and riding improvements
(essentially a land swap).
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Although the applicants acknowledge that the approach used by ERP did not technically
violate the restrictions of the Development Agreement (DA) regarding barns and horses
being kept on any of the Marabou Lots (by making the area a limited common element),
they recognize this approach was not in keeping with the spirit of these restrictive
covenants. Therefore, one of the elements of this application is to modify language in the
DA to avoid this type of situation in the future and to provide further protections/restrictions
for the Marabou Remainder Parcel lands.
Essentially, if approved, the requested amendments will not only address the goals of the
applicants, but will also increase the size and quality of the environmentally sensitive lands
within Marabou that are to be preserved.
Staff Comments:
The amendment proposed is only dealing with Lot B9, remainder parcel #3 and 8.3 acres
of land acquired from Lot 7, Gerties Park Exemption located north of the Elk River . As
proposed, the applicant is essentially proposing a “land swap” within the remainder parcel
by removing 7 acres to create a buildable lot (B10) adjacent to Lot B9 (Busbys) while
adding 8.3 acres from Lot 7, Gerties Park Exemption to the overall Marabou, LPS in
Remainder Parcel #3. As proposed, Remainder Parcel #3 will be expanded across the
Elk River and will be contiguous with Marabou’s Remainder Parcel #1 that currently
includes the ranches’ entire Elk River frontage. In addition to the river, this corridor
includes sensitive flood plain areas, wetlands and riparian habitat. The environmental
sensitivity of these 8+ acres makes it ideal for incorporation into Marabou remainder
parcel lands where it will be managed in accordance with the DA and the Marabou Wildlife
Mitigation Plan. To convey this point, Kelly Colfer of Western Bionomics evaluated these
8 acres under consideration in connection with this application and concluded that the
subject land is a “distinctive natural resource” that would benefit from inclusion into
Marabou Remainder Parcel lands.
Also to be considered is that the 8.3 acres to be added to Marabou’s remainder parcel
land is currently part of a larger 55 acre parcel Zoned AF, which as part of this application
will be subdivided via a lot line adjustment and included in this proposal. Without inclusion
of this land, it could essentially be developed having a single family dwelling on it. As
such, by including the 8.3 acres to Marabou, it will be protected from development through
a conservation easement written in the Amended Development Agreement for the project.
This will be accomplished after the Busbys convey this land to the nonprofit Association
and covered by the Marabou Charter and DA (as amended), the 8.3 acre parcel will be
managed by the Association as open space common area in a manner consistent with the
DA, the Marabou Wildlife Management Plan, and the Marabou Charter.
For your consideration, a Supplement to the Marabou Charter will be adopted and
recorded, which will include specific restrictive covenants burdening the new Lot B10,
including provisions prohibiting the sale of Lots B9 and B10 separately.
• A building envelope will define the location of any minor equestrian related
improvements (outbuildings, sheds, etc.), that may be constructed in the future.
• A provision in the DA will specifically prohibit the development of a new/freestanding residential dwelling on Lot B10.
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• A provision in the DA will limit new buildings and improvements to ranchingrelated outbuildings and other similar improvements typically associated with
agricultural, ranching, or equestrian purposes and a residential unit, if constructed
may only be located within the existing barn.
Staff received comments from Routt County Environmental Health who has no objection to
the proposal, the Fire District who provided comments that staff included in as suggested
Conditions of Approval and the Assessor requested verification of the existing conditions
map specifically for Lot 9 and the location of the barn located on Remainder Parcel #3. As
a result, Staff sent a request to our GIS Department to review the lot lines and they
responded that the lot lines as shown on the survey submitted are accurate.
***Issues for Discussion***
During pre-submission meetings with staff regarding the proposal, staff was initially
concerned that for the original application a strong argument was made as to why the
remainder parcels in Marabou were worth preserving and the applicants were
commended for “getting it right”. Subsequently, some of the oringal remainder area is
now being considered as part of the new proposal to be removed from the remainder
parcel to create a buildable lot. Why change it? However, after review of the submittal
documents, it is apparent that the proposal will further the environmental conservation
efforts and stewardship that was established by the original approval of Marabou. In
particular, with protecting the Elk River Corridor.
To ensure that the purpose and intent of the Subdivision Exemption Regulations are met,
staff has reviewed the Design Criteria found in Section 5.1 have been met, or can be met
if mitigation methods are applied to the proposed use and has found that the scope of the
project proposed is acceptable under the Design Criteria as discussed below.
Consent Agenda Item:
To remove from consent agenda, a motion and majority vote in favor of removal is
required. A finding must be made that the Planning Commission has received a legitimate
written objection related to the LPS Design Criteria, and/or disagrees with the Planning
Director’s analysis of the Design Criteria.
Compliance with the Routt County Subdivision
Regulations
The Routt County Subdivision Regulations contain dozens of policies and regulations regarding
Land Preservation Subdivisions. Section 2 of the subivision regulations explain the process
requirements for an LPS. Section 5 contains the deign standards that LPS’ must adhere to.
The following checklist was developed by Planning Staff to highlight the policies and regulations
most directly applicable to this petition. The checklist is divided into two (2) major categories:
1. Administration and Process
• Procedure
• Major Land Preservation Subdivision Exemption
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• Development Agreements
2. Land Preservation Subdivision Exemption Design Standards
Interested parties are encouraged to review the Subdivision Regulations to determine if there are
other policies and regulations that may be applicable to the review of this petition.
Staff Comments are included at the end of each section, highlighting items where the public,
referral agencies, or planning staff have expressed questions and/or comments regarding the
proposal. Staff comments regarding compliance with regulations and policies are noted
in bold below.
Administration and Process
Section 2.1 – Procedure
The Planning Commission’s review, if any, hereunder shall be limited to a determination as to
whether the Planning Director has properly applied these Regulations and the Design Standards
set forth in Section 5.1.
2.1.J
Land Preservation Subdivision approvals that are reviewed by Planning Commission as
Consent Agenda items shall be voted on without discussion unless one of the following
occurs:
2.1.J.1
The applicant or a member of the public files a written notice of objection pertaining to
the application of the Design Standards by the Planning Director. Any such objection
shall include a statement of the basis for such objection, and shall be submitted at least
three (3) calendar days before the day on which the application has been set for
handling as a Consent Agenda item. (The failure of the applicant or any other member
of the public to submit a written notice of objection and statement within the specified
time period shall be a basis for disregarding such objection by the Planning
Commission.) AND/OR
2.1.J.2
Prior to the matter being approved on the Consent Agenda, the Planning Commission,
by a majority vote, requires the matter to be fully reviewed identifying the specific
Design Standards to be discussed.
Section 2.10 – Major Land Preservation Subdivision Exemption
2.10.1
Applicability:
2.10.1.A
All of the land subject to the application is within the Agriculture and Forestry zone
district, is at least 70 acres in size and, unless the application is made under the Noncontiguous Parcel Process set forth in Section 2.12, is Contiguous.
2.10.1.B
The Owner is willing to execute a Development Agreement restricting further
development and subdivision of the subject property so that the maximum number of
Dwelling Units permitted on the property shall not exceed the number approved through
the Land Preservation Subdivision Exemption process.
2.10.2
Standards:
2.10.2.A
The development proposed by the applicant, including the location of Building
Envelopes and the configuration of the proposed lots, and the location and
configuration of any Contingent Lots proposed pursuant to Section 2.12 is acceptable
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under the Design Criteria as set forth in Section 5.1 hereof and the applicable
requirements of the Routt County Zoning Regulations.
2.10.2.B
The maximum number of Buildable Lots proposed, except any Contingent Lots, will be
that number which is equal to total acreage divided by 35, plus any bonus Buildable
Lots allowed pursuant to subparagraph C, below, unless the applicant declines to
accept the Planning Administrator’s requests for mitigation changes made pursuant to
Section 2.1.3.J.
2.10.2.C
Subject to the provisions of Section 5.1, the applicant shall be entitled to one additional
Buildable Lot (bonus Buildable Lot) for each 100 acres of land placed in the Remainder
Parcels.
Section 2.13 – Amendments to Development Agreements
2.13.1
Changes Concerning the Permitted Number of Dwelling Units:
2.13.1.A
Limitations on Secondary Units may be modified by an Administrative Amendment per
Section 2.1.1.
2.13.1.B
Except as provided in the Non-contiguous Parcel Process set forth in Section 2.12, the
provisions of a Development Agreement establishing or limiting the number of Dwelling
Units permitted may be modified by act of the Board of County Commissioners,
following review by the Planning Commission, only after the expiration of forty years
from the date on which the Development Agreement is recorded in the Office of the
Routt County Clerk and Recorder and only upon showing sufficient justification to
permit the rezoning of the property subject to the Development Agreement. The
applicant seeking amendment of the Development Agreement must demonstrate by
clear and convincing evidence that:
2.13.1.B.1 The area in which the land subject to the Development Agreement and the surrounding
lands have changed or are changing to such a degree that it is in the public interest to
permit an increased residential density in the area.
2.13.1.B.2 The existing restrictions or residential density imposed by the Development Agreement
are no longer consistent with the policies and goals of the Master Plan and any
applicable sub area plan.
2.13.1.B.3 Applicant has demonstrated that the proposed amendment will not result in injury to the
property of the surrounding landowners.
2.13.2
Changes to Other Provisions. Except for changes made pursuant to Section 2.13, all
other provisions of a Development Agreement may be amended by the Board, following
review by the Planning Commission, provided the Board finds that, as a result of a
change in the applicable zone district regulations or as a result of a change of other
circumstances, the provision(s) no longer serves the purpose for which it was
established and the interest of the public would not be injured as a result of the change.
Staff comments:
To ensure that the purpose and intent of the Subdivision Exemption Regulations are met,
staff has reviewed the Design Criteria found in Section 5.1 have been met, or can be met
if mitigation methods are applied to the proposed use and has found that the scope of the
project proposed is acceptable under the Design Criteria.
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The Design of Marabou was carefully considered with the original approval of Marabou
and has been considered a “model LPS” for they area. Although there is a “land swap” for
the land use for Remainder Parcel #3, with the amendment, there are no major design
changes proposed for the overall LPS with the exception of adding new land to the
Marabou remainder parcels which will further the environmental conservation efforts and
stewardship that was established by the original approval of Marabou.
**Is the application in compliance with the Policies and Regulation outlined above? Yes or No
Land Preservation Subdivision Exemption Design Standards
1.1.1
Objectives
AGRICULTURAL LANDS
Design Guidelines and Standards
A. Minimize the
direct, indirect and
cumulative impacts
of residential
development on
agricultural lands
and agricultural
operations.
Maintain open rural
grazing areas.
B. Maintain the
opportunity for
agricultural
production on the
most productive
and viable parcels
of land.
1. Reserve commercially viable enclaves of large scale agricultural operations. OR
2. Site and size lots and building sites to minimize impact on and from existing
agricultural activities. OR
3. Consolidate, through leases or purchase, adjacent properties to combine into
adequately sized parcels for a commercial operation. AND
4. The Remainder Parcel(s) must have physically feasible, legal access to public
roads that is appropriate to the likely uses of the parcel.
1. Protect areas of irrigated hay meadow especially those that connect with and/or
are adjacent to other irrigated meadows. AND
2. Reserve adequate water supply to ensure irrigated meadows will remain irrigated
with an adequate amount of water as identified by the State Division of Water
Resources or the Routt County Extension Office or one cubic feet per second for
every 35 acres, whichever is greater. Such decreed water rights shall not be
severed from the land. There shall be no removal of adequate water supply to
continue the historic application of water to the Remainder Parcel. AND
3. Protect upland grazing areas needed for agricultural uses. OR
4. Site and size lots and building envelopes to minimize impact on agricultural
activities. AND
5. To the extent practicable, avoid crossing and dividing irrigated lands with roads,
fences, development and utilities.
6. Provide adequately sized and appropriately placed culverts when crossing
agricultural ditches.
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C. Minimize
residential
disturbance on
ranching and
farming land.
07/02/2014
1. Ensure that the residential property owners have responsibility for fence
construction and maintenance and weed control. If no complete and structurally
sound fencing exists, then:
2. The applicant must agree in the Development Agreement to build a perimeter
fence within one year after the approval. The applicant shall construct perimeter
fencing at the property lines for the entire length where there exists actively used
agricultural lands on any one side of the property line. Maintenance of perimeter
fencing shall be completed on an ongoing annual basis by the development’s
Homeowners Association; a partnership of the development’s lot owners who own
the property along the perimeter of the subdivision, or other method and party
identified within the Development Agreement. There shall be a separate fund set
up equal to 2 years maintenance costs by the Applicant and administered by the
Homeowners Association or other entity as established in the Development
Agreement at time of signature of the Board on the final plat. If agricultural use on
adjacent property ceases permanently (i.e., development occurs) then ongoing
maintenance can cease upon notification to and inspection by the Planning
Department and amendment of the Development Agreement.
3. Developers shall provide residential property owners within their development the
County Extension Service’s “Guide to Small Scale Agriculture and Rural Living” at
time of real estate closing.
D. Create an open
lands system that
provides substantial
interconnected
acreage for
commercially viable
agricultural lands
production.
Staff Comment
1.1.2
Objectives
1. Locate Remainder Parcels so that they are nearby or are adjacent to (if possible)
other agricultural lands, other Remainder Parcels, conservation easements, public
open lands, and natural resource areas, and
2. To the extent practicable, Cluster Buildable Lots and Residential Building
Envelopes.
There are no anticipated changes with the above Design Criteria which was
previously reviewed and incorporated into the LPS design with the original
approval of Marabou. As part of the amendment, there are no additional
significant improvements requested or uses expanded, beyond what is existing
today.
Visual Resources
Design Guidelines and Standards
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E. Minimize
negative visual
impact from public
rights-of-way
including roads,
and public open
spaces.
07/02/2014
1. Site and size building lots and building envelopes to minimize visual impacts. AND
2. All Buildable Lots within a Cluster should be between five (5) and seven (7) acres.
AND
3. Limit the height, amount of fixtures and direction of lighting. Require opaquely
shielded, downcast lighting fixtures to protect views and the night sky from light
pollution. No general floodlighting of buildings shall be allowed. AND
4. To the extent practicable, use topographic breaks to shield building envelopes and
roads from view. AND
5. To the extent practicable, utilize the landscape or landscaping treatments to
minimize visual impacts. OR
F. Keep structures
off of highly visible
places and design
them so they are
not obtrusive and
do not “loom out”
over the landscape.
G. Select sites that
are appropriately
scaled for the type
of proposed
development
without major
alterations to the
natural landscape.
Protect natural land
forms.
H. Maintain the
rural character and
scale of the area.
Minimize the
cumulative impact
of development on
adjacent rural
properties.
I.
Staff Comment
1.1.3
Objectives
6. For larger Clusters greater than 10 units and/or Clusters where houses are set
apart by minimum setbacks, increase the distance so that both of the Clusters will
have limited visibility from a point on Federal and State highways and County
Roads at the same time.
1. For ridgelines which are “skylined” from public rights-of-way:
2. Where necessary, height of structures shall be limited so the structure will not
project into the skyline when viewed from public roads.
1. Replace topsoil and revegetate the landscape with native plant materials of
adequate quantity and quality within one growing season after disturbance of the
area.
2. Minimize the removal of existing trees.
3. Minimize the disturbance outside of Building Envelopes.
1. Generally presume that 10 or fewer lots per cluster are rural in character. If more
than 10 lots are proposed to be in one cluster, the applicant shall demonstrate that
the rural character of the area can be maintained (including the cumulative impact
of development on adjacent properties) and visibility from federal and state
highways, and county roads can be mitigated. AND
2. Avoid long, uninterrupted rows of houses lining major roadways.
There are no anticipated changes to the above Design Criteria which was
previously reviewed and incorporated into the LPS design with the original
approval of Marabou. As part of the amendment, there are no additional
significant improvements requested or uses expanded, beyond what is
existing today.
Rivers, Lakes, Wetlands, and Riparian Areas
Design Guidelines and Standards
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J. Provide
adequate buffers
between water
bodies and
development to
protect water
quality, enhance
wildlife habitat and
improve visual
quality of rivers,
lakes, wetlands and
irrigation ditches.
K. Avoid
sedimentation and
runoff impacts
during and after
development
including those that
impact irrigation
ditches.
L. Protect the
riparian
environment with its
diverse habitat.
1. All structures shall meet with the requirements of the Routt County Water Body
Setback Regulations, as described in the Routt County Zoning Regulations. AND
2. Place all roads and structures other than bridges, fences, ditches, flood control
devices, and other water-related uses at least fifty (50) feet from all wetlands,
unless the applicant can demonstrate that the critical riparian areas are not
negatively impacted.
1. Use appropriate Best Management Practices during construction, siting and
development. Avoid sedimentation with acceptable water management techniques
during and after development.
1. To the extent practicable, locate Remainder Parcels to protect the maximum
amount of riparian and wetland areas.
As proposed, Remainder Parcel #3 will be expanded across the Elk River and
will be contiguous with Marabou’s Remainder Parcel #1 that currently
includes the ranches’ entire Elk River frontage. In addition to the river, this
corridor includes sensitive flood plain areas, wetlands and riparian habitat.
The environmental sensitivity of these 8+ acres makes it ideal for
incorporation into Marabou remainder parcel lands where it will be managed
in accordance with the DA and the Marabou Wildlife Mitigation Plan.
Staff Comment
1.1.4
Objectives
07/02/2014
Infrastructure
Design Guidelines and Standards
A. Reduce internal
road construction
costs while
minimizing
environmental
impacts. Design
lots and building
sites to minimize
impacts on public
roads and services
including snow
plowing and
maintenance.
1. Minimize redundant road construction by placing and orienting new residential
construction toward existing roads. Use existing infrastructure to the greatest
extent possible. AND
2. Require a minimum road width, turning radius, and grade that is less than the
existing County standards and based upon Section 1100 of the CDOT low volume
standards, as based on the American Association of State Highways and
Transportation Officials (AASHTO) standards. AND
3. Minimize the amount of curb cuts and driveways onto County Roads. AND
4. Mitigate visual impacts of switchbacks and roadcuts. AND
5. Set back roads from adjacent adjoining landowner fences an adequate amount to
insure minimal damage from road maintenance activities.
6. Construct internal roads pursuant to an approved Road Construction Permit.
B. Avoid adversely
impacting the
condition of public
1. Make improvements to public roads to meet County or CDOT requirements. AND
2. No LPS’s shall be approved on Minimal Maintenance Roads as defined in the
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roads where their
capacity is
insufficient to carry
the additional
traffic.
C. Ensure that
new roads will be
designed in
accordance with
the Master Plan
and sub-area plans
and will provide a
logical and
convenient
extension to the
road network in the
area.
D. Ensure that
adequate water and
sewer facilities can
be developed.
07/02/2014
Routt County Road Maintenance Plan.
1. The arrangements, classification, extent, width, grade and location of all streets
shall conform to the Master Plan and any sub-area plan and shall be designed in
relation to existing and planned streets, topographic conditions, public
convenience and safety, and the proposed uses of land to be served by such
streets. OR
2. Where such is not shown in the Master Plan and any sub-area plan, the
arrangement of streets in a subdivision shall either:
a.
Provide for the continuation or appropriate projection of existing
principal streets in surrounding areas; or
b.
Conform to a plan for the neighborhood approved or adopted by the
Planning Commission to meet a particular situation where topographic
or other conditions make continuance or conformance to existing
streets impractical.
1. Size lots according to State and local Health Department standards. Meet all
location standards. Minimum lot size is 5 acres on well and septic. AND
2. All sanitation systems and domestic water wells should be placed within the
designated lot or within the Residential Building Envelope on the Remainder
Parcel.
3. If a central sewer system is contemplated then it must be designed and
constructed to ensure that it is adequately sized to accommodate the development
at build-out.
4. The applicant shall provide an engineer’s report establishing the availability of an
adequate supply of water to serve the development.
5. Where a public water system is proposed all the following requirements shall be
met:
A.
The availability of water sources including quality, quantity and
dependability shall be explained in a written report and certified by a
registered professional engineer or geologist and an attorney if
necessary to substantiate water rights.
B.
Representative samples of the water source must be analyzed by a
reputable laboratory to confirm satisfactory chemical quality
C.
Water supply, treatment and distribution facilities must be provided in
conformance with the requirements of the Colorado Department of
Public Health and Environment, the local health authority, and the
Board through their designated representatives.
D.
The minimum size of a water main shall be six (6) inches in diameter
unless otherwise stated by state regulations or the Uniform Fire Code
(if applicable).
E.
An organization shall be formed to own and operate this system.
Administration shall be by an incorporated town, homeowners
association, or an approved special district whose service plan has
been submitted and approved by the County.
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E. Minimize the
intrusion of
subdivision
infrastructure on
the Remainder
Parcel.
1. To the extent practicable, infrastructure shall be positioned so that they do not
traverse or significantly damage the qualities of the Remainder Parcel.
Staff Comment
1.1.5
Objectives
07/02/2014
There are no anticipated changes with the above Design Criteria which was
previously reviewed and incorporated into the LPS design with the original
approval of Marabou. As part of the amendment, there are no additional
significant improvements requested or uses expanded, beyond what is
existing today.
Wildlife
Design Guidelines and Standards
A. To the extent
practicable, avoid
areas used by
Threatened or
Endangered
Species if the areas
are critical to
survival or
production.
B. To the extent
practicable, avoid
Critical Winter
Habitat of elk, deer,
moose, bald
eagles, golden
eagles, sharptail
grouse, and sage
grouse.
C. Locate
development to
permit wildlife
movement and
migration of elk,
deer and moose.
Maintain wildlife
corridors of such
animals and avoid
fragmentation of
habitat.
D. To the extent
practicable, avoid
areas that are
Critical Wildlife
production areas.
1. Limit development within known Critical Habitat of Threatened and/or Endangered
species sites including nesting, roosting, mating, birthing, and feeding areas.
1. Restrict activities including construction, maintenance and special events to avoid
seasonally critical habitat during sensitive seasons. AND
2. Limit development allowed within these areas to the greatest extent possible. OR
3. Submit a Wildlife Mitigation Plan and/or other legally enforceable agreement for
development in Critical Habitat Areas.
4. Restrict any fences that obstruct historical movement patterns of wildlife. Use
fences which allow free wildlife movement, as specified by the Division of Wildlife.
AND
5. No outdoor lighting adjacent to movement corridors other than what is necessary
for security purposes. No general flood lighting in these areas.
1. Limit development within Critical Wildlife Habitat production areas including
mating, nesting, and rearing area, calving, fawning, leks, and staging areas to the
greatest extent. OR
2. Submit a Wildlife Mitigation Plan and/or other legally enforceable agreement for
development in Critical Habitat Areas.
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E. Limit wildlife
harassment by
domestic predators.
07/02/2014
1. Limit the number of domestic predators on a case by case basis to fit habitat using
Development Agreements to limit wildlife harassment. Provide effective
enforcement in the Development Agreement. AND
2. Construct effective physical restraints for domestic predators such as fencing in
areas near homes that are close to Critical Wildlife Habitat.
Staff Comment
1.1.6
Objectives
There are no anticipated changes with the above Design Criteria which was
previously reviewed and incorporated into the LPS design with the original
approval of Marabou. As part of the amendment, there are no additional
significant improvements requested or uses expanded, beyond what is
existing today.
Geologic, Fire, Flood and Slope Hazards
Design Guidelines and Standards
A. To the extent
practicable, locate
all development
outside known
and/or active
hazard areas.
These include:
Ground
subsidence,
potential rock fall,
fault or fault zone,
unstable slopes,
slope failure
complex, landslide,
mudflow, and
earthflow.
B. Provide
adequate and
explicit notice for
development in
potentially
hazardous areas
including potentially
unstable slopes.
C. Limit the impact
to people and
structures, on and
off site, from flood
damage.
D. Minimize the
risk of wildfires in
severe hazard
areas. Minimize the
cost of fire fighting
in these areas.
1. Locate all residential structures outside of hazard areas as necessary to eliminate
impacts to hazard areas. AND
2. To the extent practicable, place all utilities and infrastructure outside of hazard
areas.
1. Put potential purchasers of property on notice through legal disclosures on the plat
and in the Development Agreement. For building envelopes at the edge or fringe
of the hazard boundary, special studies may be required at submittal to determine
the most accurate boundary. AND
2. Mitigate with best engineering practices if possible and practical.
1. Locate residential structures outside of the 100-year floodplain. AND
2. Other non-residential improvements shall meet with the requirements of the Routt
County Floodplain Resolution 92-069 or any successive resolution.
1. Place structures outside of severe hazard areas. OR
2. Comply with Colorado State Forester recommendations for mitigation including
thinning of all nearby trees to their standards and establishing a 30’ clear zone
around structures. AND
3. Use non-flammable building materials, including treated roofing materials; AND
4. Provide on-site storage areas of at least 1000 gallon capacity (irrigation, springs,
ponds, cisterns and/or underground storage tanks) for fire suppression purposes.
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Staff Comment
1.1.7
Objectives
07/02/2014
There are no anticipated changes to the above Desing Criteria which was
previously reviewed and incorporated into the LPS design with the original
approval of Marabou. As part of the amendment, there are no additional
significant improvements requested or uses expanded, beyond what is
existing today.
Remainder Parcel(s)
Design Guidelines and Standards
A. Limit number of
Remainder Parcels
and establish
minimum size of
Remainder Parcels
to receive a Density
Bonus.
1. The minimum size of a Remainder Parcel which may be used to support the
Density Bonus is 100 acres, except as provided for Non-contiguous Remainder
Parcels created pursuant to the Non-contiguous Parcel Process set forth in
Section 2.12. However, if Remainder Parcel contiguity is broken by a significant
natural feature, topographic break, river, lake or other physical boundary such as
roads or railroads or other compelling reason, smaller Remainder Parcels totaling
100 acres or more may be considered in calculating the Density Bonus. Except as
provided in Section 2.12, Remainder Parcels smaller than 100 acres are allowed
but cannot be used toward the calculation of the Density Bonus, and
2. There is no maximum size for Remainder Parcels, and
3. Long gerrymandered Remainder Parcel boundary lines are discouraged for the
purpose of determining the density bonus. Such lots may be considered as the
basis for denial, and
4. All Remainder Parcels qualifying for the Density Bonus shall be required to be
held under a single owner, except as provided for Non-contiguous Remainder
Parcels created pursuant to the Non-contiguous Parcel Process set forth in
Section 2.12. Areas shown as road easements or rights-of-way shall not be
counted towards the Density Bonus.
B. Allow for limited
Residential Use on
Remainder parcels
consistent with a
traditional ranch
headquarters
C. Limit the award
of a density bonus
to lands not already
subject to
development
restrictions
D. Require
additional acreage
in the Remainder
Parcel for certain
uses that are not in
keeping with the
historic character of
the landscape.
E. To encourage
Trail corridors for
public access if the
applicant so desires
1. One (1) Building Envelope is allowed on a single Remainder Parcel within the
Subdivision Exemption.
2. Any Dwelling Unit on the Remainder Parcel shall be located within a residential
Building Envelope of between five (5) and seven (7) acres as shown on the plat.
The acreage contained in the residential Building Envelope shall not be counted
towards the Density Bonus.
1. Land subject to a pre-existing agreement such as conservation easement which
prohibits development shall not be used toward the calculation of a Density Bonus.
Land subject to a conservation easement to be granted concurrently with the Land
Preservation Subdivision Exemption process need not be excluded in the
calculation of the Density Bonus.
1. Land used for paid commercial recreational activities shall not be counted in
calculating the Density Bonus. Exclude all acreage that is used for those
commercial purposes in the calculation. Any residential Building Envelopes within
Remainder Parcels shall be excluded from the Density Bonus calculation
1. Do not subtract acreage for trail corridors in calculating the Density Bonus.
Subtract acreage for trails used for paid commercial rides and/or tours in
calculating the Density Bonus
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Staff Comment
07/02/2014
The amendment proposed is only dealing with Lot B9, remainder parcel #3 and
8.3 acres of land acquired from Lot 7, Gerties Park Exemption located north
of the Elk River . As proposed, the applicant is essentially proposing a
“land swap” within the remainder parcel by removing 7 acres to create a
buildable lot (B10) adjacent to Lot B9 (Busbys) while adding 8.3 acres from
Lot 7, Gerties Park Exemption to the overall Marabou, LPS in Remainder
Parcel #3. As proposed, Remainder Parcel #3 will be expanded across the
Elk River and will be contiguous with Marabou’s Remainder Parcel #1 that
currently includes the ranches’ entire Elk River frontage.
Also to be considered is that the 8.3 acres to be added to Marabou’s remainder
parcel land is currently part of a larger 55 acre parcel Zoned AF. Without
inclusion of this land, it could essentially be developed having a single
family dwelling on it. As such, by including the 8.3 acres to Marabou, it will
be protected from development through a conservation easement written in
the Amended Development Agreement for the project.
Staff comments:
Agricultural Lands, Visual Resources, Ridgelines, Potential Skylined Home Sites,
Shielded Lighting, Critical Wildlife Habitats and Riparian Areas were all considered,
reviewed and incorporated into the design with the original approval of Marabou.
There are no anticipated changes to the design criteria as part of the amendment or
no additional significant improvements requested or uses expanded, beyond what
is existing today. The newly created Lot B10 has an existing shared driveway with
Lot B9 and with the exception of a dwelling unit “care-taker unit” within the barn,
the Barn itself is existing. As proposed there will be a building envelope of 4 acres
created in keeping with other homesites within Marabou.
The former Lot 7, Gerties Park Exemption area being added to Marabou is
contiguous with Marabou’s Remainder Parcel #1 that currently includes the
ranches’ entire Elk River frontage. In addition to the river, this corridor includes
sensitive flood plain areas, wetlands and riparian habitat. The environmental
sensitivity of these 8+ acres makes it ideal for incorporation into Marabou’s
remainder parcel lands where it will be managed in accordance with the DA and the
Marabou Wildlife Mitigation Plan which was noted as a “distinctive natural
resource” that would benefit from inclusion into Marabou Remainder Parcel lands
by Kelly Colfer from Western Biometics. Staff also notes that the 8.3 acre parcel as
proposed will be managed by the association protected as open-space common
area instead of the possible buildabilty of the area between C.R. 44 and the Elk
River with out this amendment.
**Is the application in compliance with the Policies and Regulation outlined above? Yes or No
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PLANNING DIRECTOR RECOMMENDATION:
The Planning Director may approve with or without conditions, or deny the application. Conditions
will reflect mitigation measures to achieve compliance with the objectives of the Design Criteria.
Approval*: ___________________________
Date: ______________________________
* The Planning Director’s recommendation of approval is based upon finding that the proposal is
acceptable under the Design Criteria as submitted and/or mitigation conditions as proposed will
bring the proposal into compliance with the applicable Design Criteria as set forth in Section 5.1,
Routt County Subdivision Regulations, and the applicable requirements of the Routt County
Zoning Regulations.
LPS PX 2014-008
PLANNING COMMISSION RECOMMENDATION OPTIONS:
1. Approve the LPS exemption without conditions if a finding is made that the Planning Director
properly applied the Design Criteria, and this subdivision exemption as proposed is not within
the spirit or intent of the Routt County Subdivision Regulations or the State subdivision statute
and, therefore, may be exempted from the application of the County’s subdivision regulations.
2. Approve with conditions if a finding is made that the Planning Director properly applied the
Design Criteria, the application of conditions can bring the project into compliance with the
Design Criteria, and this subdivision exemption as proposed is not within the spirit or intent of
the Routt County Subdivision Regulations or the State subdivision statute and, therefore, may
be exempted from the application of the County’s subdivision regulations.
3. Deny if the Planning Director did not properly apply the Design Criteria, or if the mitigation
conditions will not bring the proposal into compliance with the Design Criteria.
Table or postpone the recommendation if a full review is determined to be necessary by the
majority of the Planning Commission members, and if the full review must be set for another
hearing date.
FINDINGS OF FACT that may be appropriate if the Special Use Permit is approved:
1. The proposal with the following conditions meets with Sections 2, 3, and 6 of the applicable
guidelines of the Routt County Zoning Regulations and Section 2, 3 and 5 of the Subdivision
Regulations.
CONDITIONS that may be appropriate if conditional approval is granted:
General Conditions:
1. All applicable Condtions of Approval from PX2005-013 still apply to this
amendment.
2. The plat shall be finalized and recorded in one (1) year unless such time is
otherwise extended pursuant to Section 2.1.6, Routt County Subdivision
Regulations.
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3. Prior to recordation, the applicant shall submit an electronic copy of the approved
plat to the County Planning Department in a .DWG format or other format
acceptable to the GIS Department.
4. Prior to recordation all fees must be paid in full.
5. All property taxes must be paid prior to the recording of the plat.
6. The Final Plat and Amended Development Agreement shall be submitted within 90
days of the Board of County Commissioner’s approval for review and finalization in
accordance with Sections 2, 3 4 and 7 of the Routt County Subdivision Regulations.
A request for extention for the Final Plat and Amended Development Agreement to
be submitted shall be made in writing to the Planning Director for consideration
administratively.
7. The approval is limited to uses and facilities presented in the approved project plan.
Unless stated as a condition of approval, any additional uses or facilities must be
applied for in a new or amended application.
8. Any New structures constructed on this parcel meet the same condtions of
approval of the original LPS.
9. Landowner shall comply with the Steamboat Springs Area Fire Protection District
under the International Fire Code.
Lot Line Adjustment PS2014-003
FINDINGS OF FACT that may be appropriate if request is approved:
2. The proposal with the following conditions meets with Sections 2, 3, and 6 of the applicable
guidelines of the Routt County Zoning Regulations and Section 2 of theSubdivision
Regulations.
CONDITIONS that may be appropriate may include the following:
General Conditions:
Suggested Conditions of approval for Lot Line Adjustment and Plat Notes:
1. The plat shall be finalized and recorded in one (1) year unless such time is otherwise
extended pursuant to Section 2.1.6, Routt County Subdivision Regulations. Extensions
to up to one (1) year may be approved administratively.
2. All applicable Condtions of Approval from PX1994-007 still apply to this amendment
specifically, the plat shall contain a note that there will be no residential use of the
Gertie's Park site.
3. All property taxes must be paid prior to the recording of the plat.
4. All exterior lighting should be downcast and opaquely shielded.
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5. Lot owners shall comply with the requirements and guidelines of the Colorado State
Forest Service and other applicable agencies with regard to wildlife Fire Mitigation
Measures.
6. The owner shall prevent the spread of noxious weeds to surrounding lands, and
comply with the Colorado Noxious Weed Act and the Routt County Noxious Weed
Management Plan.
7. Approval of this Lot Line Adjustment is contingent upon approval and recording of the
Vacation of Utility and Drainage Easements.
8. A ‘no build’ zone shall be indicated on the plat to avoid construction of structures,
septic fields and roads in areas including, but not limited to 30% or greater slopes. The
“no build” zones shall be approved by the Planning Director before the plat is recorded.
9. Routt County (County) and the Steamboat Rural Fire Protection District (District) shall
be held harmless from any injury, damage, or claim that may be made against the
County or the District by reason of the County’s or the District’s failure to provide
ambulance, fire, rescue or police protection to the property described on his plat,
provided that the failure to provide such services is due to inaccessibility of the
property by reason of internal roads being impassable. This conditions shall not relieve
the County or the District of their responsibility to make a bona fide effort to provide
emergency services should the need arise
10. Landowner shall comply with the Steamboat Springs Area Fire Protection District
under the International Fire Code.
11. Routt County is not responsible for maintaining or improving subdivision roads.
12. Address signage shall comply with Routt County Road Addressing, Naming and
Signing Policy.
13. Domestic predators shall be kept under their owner’s control at all times and shall not
be allowed to run at large.
14. Constructed fencing shall meet the Colorado Division of Wildlife recommendations.
15. Proof of water to serve all lots must be provided to the Planning Director before the
Final Plat.
16. The suitability of these lots for an individual septic disposal system and the availability
of permits for individual septic disposal systems have not been established and such
shall be a condition of obtaining a building permit for these lots.
17. All structures will meet the requirements/standards of the Routt County Building
Department.
18. Revegetation of disturbed areas with a seed mix that avoids the use of aggressive nonnative grass seed mixes shall occur within one growing season.
19. Existing and new accesses shall meet access standards set forth by the Routt County
Road and Bridge Department and Fire Prevention Services.
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20. Prior to recordation, the applicant shall submit an electronic copy of the approved plat
to the County Planning Department in a .DWG format or other format acceptable to the
GIS Department.
21. Prior to recordation all fees must be paid in full.
I hereby approve/disapprove (circle appropriate) this (NAME) Lot Line Adjustment.
______________________________
Planning Director
__________________________
Date
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•
07/02/2014
A Supplement to the Marabou Charter will be adopted and recorded (as required under
CCIOA), which will include specific restrictive covenants burdening the new Lot B10,
including provisions prohibiting the sale of Lots B9 and B10 separately.
Please refer to the proposed Filing No. 3 Plat, and the proposed amendments to the DA (below)
for more information on the agreed-upon limitations proposed for the new Lot B10.
Amendments to Marabou/Routt County Development Agreement
The following amendments are proposed to the Marabou/Routt County Development
Agreement. It is anticipated that upon approval of these amendments in concept, the
applicants will work with the County Attorney’s office and the Planning Department to prepare
a formal written amendment to the DA.
Section 1 e.
Existing section states:
No Dwelling Unit shall be permitted to be constructed on Remainder Parcels and
no structure on any Remainder Parcel shall be permitted to be used as a Dwelling
Unit except those approved pursuant to paragraph 2.d. above. Other structures
and uses which are not Dwelling Units may be permitted on the Remainder
Parcels in accordance with the Routt County Zoning Resolution.
The wording of this section is what allowed for the barn, arena and related facilities to be
constructed on the Association’s Remainder Parcel #3 adjacent to Lot B9 (because such facilities
are permitted by the AF zone district). To close this “loophole”, the following is proposed to be
added to the end of the last sentence:
“provided such structures and uses are owned by the Marabou Owners
Association and available for use by all members of the Association”.
Section 1 f.
Existing section states:
All facilities used for the feeding or housing of livestock shall be located within
the Remainder Parcels. All feed shall be protected from wildlife in wildlife
resistant enclosures pursuant to the terms and conditions of the Wildlife
Mitigation Plan. Buildable Lot owners shall not be permitted to graze, board or
keep livestock on the Buildable Lots including, but not limited to horses, but
nothing in this Agreement shall prohibit Landowner or Marabou Owners
Association (or grazing contractor or agricultural tenant, of either of them) from
grazing livestock on the Remainder Parcels and within Buildable Lots outside the
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Building Envelope and with the written consent of Buildable Lot Owner prior to
the commencement of construction of a residence on such Lot within the Building
Envelope.
This section mandates that facilities for feeding and housing livestock to be located on
remainder parcels and prohibits lot owners from boarding or keeping livestock on individual
lots. The equestrian facilities to be located on Lot B10 would conflict with this section. The
following is proposed at the end of this section:
“The provisions outlined in this section are applicable to all lots within Marabou,
with the exception of Lot B10. Refer to Section 2 j. vi. below for land use
regulations pertaining specifically to Lot B10”.
Refer to proposed section 2 j. vi. below for all regulations specific to this Lot B10.
Section 4 d.
Existing section states:
Except as set forth below, requires all facilities used for the feeding and housing
of livestock to be located within the Remainder Parcels, that all feed be protected
from wildlife in wildlife-resistant enclosures pursuant to the terms and conditions
of the Wildlife Mitigation Plan, and that Buildable Lot owners are not permitted
to graze, board or keep livestock on their lots including, but no limited to, horses.
Land Owner and the Marabou Homeowners Association shall have the right
directly or under contract to a grazing contractor or agricultural tenant to graze
livestock on the Remainder Parcels and within Buildable Lots outside the Building
Envelope and with the written consent of Buildable Low Owner, prior to the
commencement of construction of a residence on such Lot, within the Building
Envelope.
This language mimics the language in Section 2 f. (mandating that facilities for feeding and
housing livestock to be located on remainder parcels and prohibiting lot owners from boarding
or keeping livestock on individual lots) and stipulates that this language be included in the
Marabou Community Charter (private covenants). The equestrian facilities to be located on Lot
B10 would conflict with this section. The following is proposed at the end of this section:
“In accordance with Section 2 j. vi. below, Lot B10 is exempt from provisions of
this section pertaining to the housing, keeping and feeding of livestock”.
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New Section 2 j. vi.
Existing Section 2 outlines a number of provisions related to land use and paragraph j. includes
“additional restrictions on the construction and use of Buildable Lots and the Remainder
Parcels”. A new paragraph 2 j. vi. is proposed to address the unique aspects of Lot B10 and
would include the following:
“The following land use provisions shall apply specifically to Lot B10:
1. The housing, keeping and feeding of livestock on Lot B10 shall be permitted.
2. Riding arenas and related equestrian facilities and improvements shall be
permitted outside of the designated building envelopes.
3. Any buildings, structures, and other improvements permitted within the
building envelope of Lot B10 shall be limited to a barn and ranching-related
outbuildings, including without limitation, garages, hay/storage sheds and
other similar improvements typically associated with and used specifically for
agricultural, ranching, or equestrian purposes.
4. No more than one (1) dwelling unit shall be permitted on Lot B10, and
provided however, that such dwelling unit, if any, shall be located within the
barn building. No free-standing structure capable of being a dwelling unit
shall be permitted on Lot B10 other than the single dwelling unit permitted
within the barn”.
Summary of Proposal
As sated above, there are two primary issues that the Busbys and the Association would like to
address with this amendment application. It was however, not without a great deal of thought
and debate before an amendment to Marabou was ready to be proposed.
There is a widely held belief that the original developers, with the guidance and assistance of
the County Staff, “got it right” when they created the Marabou LPS. Accordingly, there were
concerns raised that any change to the current Marabou LPS could diminish the overall quality
of the project. And these sentiments were echoed by the County Staff during our initial
conversations regarding this application, and it was suggested that, if an amendment is to be
proposed to the County, it must, in no uncertain terms, not just solve the two immediate
issues, but that it also must result in improvements to Marabou and the surrounding area. In
short, the mission presented to the applicants was to “make Marabou better” and “there must
be community benefit” added.
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December 5, 2013
Braun Associates, Inc.
ATTN: Tom Braun
225 Main Street, Suite G-2
Edwards, Colorado 81632
RE:
Busby Addition to Marabou Land Preservation Subdivision
Dear Tom:
This correspondence addresses natural resource values on the 8.3 acre “Busby” parcel that has been proposed to
be added to Marabou Land Preservation Subdivision (LPS) as a part of the remainder parcel. The Busby site is
located at T7N R85W, at the corner of Sections 21, 22, 27, & 28. The site occupies a narrow strip of land
adjacent to the Elk River and south of CR44, roughly 1/3 mile west of the CR44 Bridge over the Elk.
Inclusion of the Busby Parcel within the 1,324 acre Marabou Remainder Parcel would require that it be
managed and maintained in perpetuity as an undeveloped parcel according to the requirements of the Marabou
LPS Exemption and the Marabou Wildlife Mitigation Plan. The level of natural resource protection provided
under this arrangement would be greater than that which is inherent in private land that is not subject to
inclusion in Marabou’s Remainder Parcel.
According to Braun Associates, were the Busby Parcel to remain as a separate parcel of private land, not
otherwise bound by the Marabou LPS Exemption, the potential exists for a residential building site to be
developed on the parcel. While Western Bionomics has no professional expertise in residential development, it
appears that Braun is correct in this assertion, based on the landscape features observed there.
The distinctive natural resource feature of the Busby Parcel is the riparian/wetland fringe along the Elk River.
Most Colorado wildlife species use wetland and riparian habitats during some portion of their life cycle. In fact,
26% of wildlife species in Colorado are classified by Colorado Parks and Wildlife (CPW) as “wetlanddependent,” and roughly one-third of these species are considered rare and imperiled. On the Busby parcel,
bald eagle*, elk, mule deer, great horned owl, ducks, geese, sandhill crane*, beaver, northern leopard frog*,
boreal toad*, common garter snake*, and several species of woodpeckers can be expected to utilize habitat on
the parcel during some or all of the year. Those species marked with an asterisk are designated by CPW as
“Wildlife Species of Greatest Conservation Need” (CDOW and CSP 2011) and are known or expected to utilize
riparian/wetland habitat such as that present on the Busby Parcel.
Subjectively, the Busby Parcel contains habitat that is not particularly rare along the lower Elk and Yampa
Rivers. The value of this parcel is simply inherent in the relative rarity and value of riparian habitat in Western
Colorado as a whole. Colorado has lost 50% of its wetlands since European settlement; 95% of riparian areas
throughout the western United States have been degraded by human activity. At the present time, wetlands and
riparian areas represent only about 1.5% of the land area of Colorado. Relatively speaking, the conservation of
wetlands and riparian areas has a greater positive impact on the diversity and vitality of Colorado’s wildlife
populations than perhaps any other habitat conservation practice. There is high public support for wetlands
conservation. Public surveys in Colorado suggest that at least 83% of the public desires some form of wetland
protection.
Based on the habitat features present on the Busby Parcel, and upon the greater degree of protection afforded the
parcel under management by Marabou as a Remainder Parcel vs. that present in an otherwise unprotected
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parcel, it is an accurate statement that the State of Colorado and Routt County in particular would benefit by
inclusion of this land within the Marabou LPS as a remainder parcel.
Sincerely,
Western Bionomics LLC
Kelly Colfer
Principal
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