HomeMy WebLinkAbout4.0 Conditions of ApprovalGARFIELD COUNTY
Building and Planning Department
August 2, 1999
Mr. Carl Bernklau
7880 CR 309
Rifle, CO 81650
Dear Carl:
On August 2, 1999 the Board of County Commissioners continued the public meeting
concerning your request for exemption from the rules of subdivision. The Board granted
conditional approval of the exemption with the following conditions (note that condition #7 has
been amended):
1. In order to ensure that the proposed exemption is in the best interest of the health, safety,
morals, convenience, order, prosperity and welfare of the citizens of Garfield County:
That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions of
approval;
2. Pursuant to Section 8:33 of the Garfield County Subdivision Regulations:
A Final Exemption Plat shall be submitted, indicating the legal description of the property,
dimension and area of the proposed lots, 25 ft wide accesses to a public right-of-way, and
any proposed easements for setbacks, drainage, irrigation, access or utilities;
3. Pursuant to Section 8:33 of the Garfield County Subdivision Regulations:
That the applicant shall have 120 days to present a plat to the Commissioners for signature
from the date of approval of the exemption;
ursuant to Section 8:421 of the Subdivision Regulations:
That the applicant shall submit $600.00 in School Site Acquisition Fees for the creation of
the exemption parcels prior to approval of the exemption plat;
5. Pursuant to Section 8:52 B and 8:60 D of the Subdivision Regulations:
That the 1978 Garfield County Zoning Resolution and the Colorado Department of Health
standards shall be complied with;
6. Pursuant to Section 8:52 C of the Subdivision Regulations:
The applicant shall obtain the necessary driveway permits prior to issuance of any building
permits;
Phone: 945-8212/Fax: 945-7785 109 8th Street, Suite 303 Glenwood Springs, CO 81601
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Pursuant tb Section 8:52 G of the Subdivision Regulations:
That the applicant pays any associated impact fees to the fire district prior to approval
of the exemption plat; That the recommendations concerning access, defensible space,
construction materials, and posting of address made by the Rifle Fire district, in their
letter dated 7/26/99, shall be followed; However, the address numbers do not have to
be at least 4" in height;
8. Pursuant to Section 8:42 D:
Prior to the approval of an exemption plat, the applicant shall prove that the water supply
will meet the following:
1) That a four (4) hour pump test be performed on the well to be used;
2) A well completion report demonstrating the depth of the well, the
characteristics of the aquifer and the static water level;
3) The results of the four (4) hour pump test indicating the pumping rate
in gallons per minute and information showing drawdown and
recharge;
A written opinion of the person conducting the well test that this well
should be adequate to supply water to the number of proposed lots;
A��' (» An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
If the well is to be shared, a legal well sharing agreement which
discusses all easements and costs associated with the operation and
maintenance of the system and who will be responsible for paying
these costs and how assessments will be made for these costs will be
filed with the exemption plat;
The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria, nitrates and suspended
solids;
9. Pursuant to Section 8:60 11,2, &3, and Section 8:52 A of the Subdivision Regulations and
Section 1.08 of the Zoning Resolution:
��o, That the following plat notes shall appear on the Final Exemption Plat:
"O e (1) dog will be allowed for each residential unit and the dog shall be required to be
co fined within the owners property boundaries."
open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One
new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., 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".
exterior lighting will be the minimum amount necessary and all exterior lighting will
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be directed inward, towards the interior of the subdivision, except that provisions may be
made to allow for safety lighting that goes beyond the property boundaries".
No further divisions by exemption from the rules of Subdivision will be allowed"
"Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners,
idents 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 and a healthy ranching sector. 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
r more of which may naturally occur as a part of a legal and non -negligent agricultural
Jo
llrations."
'AYl owners of land, whether ranch or residence, have obligations under State law and
aunty 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 maintainingproperty. Residents and landowners
are encouraged to learn about these rights and responsiilities 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."
Once the conditions of the approval are met the application for exemption will be complete.
Please do not hesitate to call me if you have any questions.
Sincerely,
Kit Lyon
Planner