HomeMy WebLinkAbout3.0 Director's decision 08.12.11Garfield County
August 12, 2011
Fiona Lloyd
1491 CR 237
Silt, CO 81652
Fiona@luniperridgeranch.us
DIRECTOR DECISION
BUILDING & PLANNING DEPARTMENT
Reference: Minor Exemption —Peach Valley Orchard, Lot 1
Garfield County File Number MIEA6913
Dear Ms. Lloyd,
This letter is provided to you as owner of property that is requested to be divided through the
Minor Subdivision process to create two parcels from a ±10 -acre parcel. The lot split would
allow the existing two units on the site to be located on separate lots. This site is located north
of the Town of Silt on CR 237 (Harvey Gap Road).
The application is reviewed through an administrative process resulting in the Director of
Building and Planning issuing a decision regarding compliance with the Unified Land Use
Resolution of 2008, as amended. A decision is hereby issued approving the exemption plat
amendment, subject to the following conditions:
1. The Applicant shall include the following text as plat notes on the final exemption
plat:
a. Control of noxious weeds is the responsibility of the property owner.
b. No open hearth solid fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid fuel burning stove as defined by C.R.S. 25 -7 -401,
et. seq., and the regulations promulgated thereunder, will be allowed in any
dwelling unit. All dwelling units will be allowed an unrestricted number of
natural gas burning stoves and appliances.
c. All exterior lighting shall be the minimum amount necessary and that all exterior
lighting be directed inward and downward, towards the interior of the
subdivision exemption, except that provisions may be made to allow for safety
lighting that goes beyond the property boundaries.
d. Colorado is a "Right -to- Farm" State pursuant to C.R.S. 35 -3 -101, et seq.
Landowners, residents and visitors must be prepared to accept the activities,
sights, sounds and smells of Garfield County's agricultural operations as a
normal and necessary aspect of living in a County with a strong rural character
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Director Decision — Lloyd Minor Exemption
August 11, 2011
and a healthy ranching sector. Those with an urban sensitivity may perceive
such activities, sights, sounds and smells only as inconvenience, eyesore, noise
and odor. However, State law and County policy provide that ranching, farming
or other agricultural activities and operations within Garfield County shall not be
considered to be nuisances so long as operated in conformance with the law and
in a non - negligent manner. Therefore, all must be prepared to encounter noises,
odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock
on public roads, storage and disposal of manure, and the application by spraying
or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides,
any one or more of which may naturally occur as a part of a legal and non -
negligent agricultural operations.
e. All owners of land, whether ranch or residence, have obligations under State law
and County regulations with regard to the maintenance of fences and irrigation
ditches, controlling weeds, keeping livestock and pets under control, using
property in accordance with zoning, and other aspects of using and maintaining
property. Residents and landowners are encouraged to learn about these rights
and responsibilities and act as good neighbors and citizens of the County. A
good introductory source for such information is "A Guide to Rural Living & Small
Scale Agriculture" put out by the Colorado State University Extension Office in
Garfield County.
2. The Applicant shall amend the proposed exemption plat to include the following:
a. Add a vicinity map;
b. Add the following certificates (attached):
i. Certificate of Taxes Paid;
ii. Board of County Commissioners Certificate;
iii. County Surveyor Certificate.
c. The following easements must be added to the plat:
i. Electric, for the overhead power line;
ii. Access easement for the common driveway;
iii. Water line distribution easement.
3. A well- sharing declaration must be submitted which addresses all easements and
costs associated with operation and maintenance of the system as well as
identifying the person responsible for paying costs and how assessment will be
made for those costs.
4. A driveway sharing agreement shall be submitted that is deemed acceptable by the
County Attorney's office.
5. Prior to Board signature of the plat the Applicant shall obtain an ISDS permit for
Exemption Lot 2 for the construction of a leach field. The permit shall stipulate a
timeframe for completion of the system.
6. The property is located in the RE -2 School District therefore the Applicant shall be
required to pay $200 for the creation of an additional lot. This fee shall be paid at or
prior to the Board of County Commissioners signing the exemption plat.
7. The property is located in Zone 14 of the Traffic Impact Fee area and therefore is
Director Decision — Lloyd Minor Exemption
August 11, 2011
required to pay fees based upon the traffic generated by one additional single
family lot. This fee shall be paid at or prior to the Board of County Commissioners
signing the exemption plat.
8. The Applicant shall maintain its contract with the WDWCD #SM060921JNT (a) and
ensure that all annual payments required therein are timely paid to WDWCD.
9. That prior to scheduling the plat for Board of County Commissioner's signature, the
applicant shall submit a mylar with signed certificates by all entities except the
Board of County Commissioners, Clerk & Recorder and County Surveyor. Recording
fees will be due and payable at that time as well.
10. Within 90 days of this determination the Exemption Plat shall be signed by the
Chairman of the Board of County Commissioners and recorded in the office of the
Garfield County Clerk and Recorder. The Plat shall meet the minimum CRS
standards for and survey plats, as required by Colorado state law, and approved by
the County Surveyor.
The Land Use Resolution requires notification to the Board of County Commissioners for their
review and potential call -up of the application for public hearing. The Board review is for a
period of 10 days after which the mylar may be scheduled for signature if there is no request for
call -up to a public hearing. The 10 -day call -up period will expire on August 23, 2011 and the
mylar may be scheduled for BOCC signature after this date.
Sincerely,
Fed narman, AIC'
Director of Building and Planning
CC: File
Board of County Commissioners