HomeMy WebLinkAbout3.0 CorrespondenceMEMORANDUM
TO: BOARD OF COUNTY i' COMMISSIONERS
FROM: GARFIELD COUNTY PLANNING DEPARTMENT
SUBJECT: EXEMPTION EX 1'bNSION
DATE: 3/13/00
CC: CARL BERNKLAU
Enclosed please find a request for a time extension in order to complete the Bernklau
exemption. Staff recommends the applicant be granted an eleven (11) day time extension
(from 3/9/00 until 3/20/00). The Board has the Bernklau Exemption Plat scheduled for
final signature on 3/20/00.
To
Subject:
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MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GARFIELD COUNTY PLANNING DEPARTMENT
SUBJECT: EXEMPTION EX1'LNSION
DATE: 01/25/99
CC: CARL BERNKLAU
Enclosed please find a request for a time extension in order to complete the Bernklau
exemption. Staff recommends the applicant be granted a thirty (30) day time extension
(until 3/9/00).
MPW
Hilltop Farm
7880 County Road 309
Rifle, CO 81650-9666
ARFIELD COUNT€"'
LANNING DEPARTMENT
09 8TH ST. - SUITE 303
LENWOOD SPRINGS, CO 84601
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RECEIVED JAN 2 5 MO
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MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GARFIELD COUNTY PLANNING DEPARTMENT
SUBJECT: EXEMPTION EXTENSION
DATE: 12/02/99
CC: CARL & RUTH BERNKLAU
Enclosed please find a request for a time extension in order to complete the Bernklau
exemption. Staff recommends the applicant be granted a sixty (60) day time extension
(until 2/8/00).
•
RECEIVED DEC 0 2 1999
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MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GARFIELD COUNTY PLANNING DEPARTMENT'
SUBJECT: EXEMPTION EXTENSION
DATE: 8/30/99
CC: CARL & RUTH BERNKLAU
Enclosed please find a request for a time extension in order to complete the Bernklau
exemption. Staff recommends the applicant be granted a thirty day time extension.
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MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: GARFIELD COUNTY PLANNING DEPARTMENT
SUBJECT: BERNKLAU EXEMPTION
DATE: 07/19/99
CC: MR. & MRS. BERNKLAU
On July 7, 1999 the Board of County Commissioners continued the public meeting
concerning the Bernklau request for exemption from the rules of subdivision. The
purpose of continuance was to delay decision until proof of a legal, adequate source of
water could be supplied to the planning department. This proof has been provided and is
attached here for review by the Board. Staff recommends APPROVAL of this
application with the following conditions:
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;
4. Pursuant to Section 8:42 I 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;
A n S. 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 complie swith.
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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.
7. Pursuant to Section 8:52 G of the Subdivision Regulations:
That the applicant submits a new letter of approval from the Rifle Fire District
and pays any associated impact fees prior to approval of the exemption plat;
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;
4) 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;
5) An assumption of an average or no less than 3.5 people per
dwelling unit, using 100 gallons of water per person, per
day;
6) 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;
7) 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 1 1,2,&3, and Section 8:52 A of the Subdivision
Regulations and Section 1.08 of the Zoning Resolution:
That the following plat notes shall appear on the Final Exemption Plat:
"One (1) dog will be allowed for each residential unit and the dog shall be
required to be confined within the owners property boundaries."
"No open hearth solid -fuel fireplaces will be allowed anywhere within an
exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401,
2
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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".
"All exterior lighting will be the minimum amount necessary and all exterior
lighting will 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, 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 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 or more of which may naturally occur as a part of a legal and non -negligent
agricultural operations."
"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."
3
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GA F! LD COUNTY
Building and Planning Department
July 15 , 1999
Mr. Carl Bernklau
7880 CR 309
Rifle, CO 81650
Dear Carl:
On July 7, 1999 the Board of County Commissioners continued the public meeting concerning
your request for exemption from the rules of subdivision. The purpose of continuance was to
delay decision until proof of a legal, adequate source of water could be supplied to this
department.
Thank you for your note and copies of the water information. Well permits #04368 and #147020
demonstrate that wells have been successfully drilled in the area. I see that your Green
Mountain Contract allows for three (3) acre feet of water to be used for domestic use. I expect
this will be a sufficient amount of augmentation for the three (3) new single family homes,
which would result from your exemption request. Based on this information, I am prepared to
move forward on your exemption request.
At the continued public meeting on August 2, 1999, between 2:00 and 4:00 p.m., I will
recommend approval of your request for exemption with the following conditions:
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 citi:ens 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;
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GARFIELD COUNTY
Building and Planning Deparnnent
4. Pursuant to Section 8:42 I 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.
7. Pursuant to Section 8:52 G of the Subdivision Regulations:
That the applicant submits a new letter of approval from the Rifle Fire District and pays any
associated impact fees prior to approval of the exemption plat;
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;
4) 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;
5) An assumption of an average or no less than 3.5 people per dwelling
unit, using 100 gallons of water per person, per day;
6) 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;
7) The water quality be tested by an approved testing laboratory and
meet State guidelines concerning bacteria, nitrates and suspended
solids;
: 1124 &A It 8th Strk
±` Glen CO 8101
• •
GARFIELD COUNTY
Building and Nanning Department'
9. Pursuant to Section 8:6011,2, &3, and Section 8:52 A of the Subdivision Regulations and
Section 1.08 of the Zoning Resolution:
That the following plat notes shall appear on the Final Exemption Plat:
"One (1) dog will be allowed for each residential unit and the dog shall be required to be
confined within the owners property boundaries."
"No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One
(1) 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".
"All exterior lighting will be the minimum amount necessary and all exterior lighting will
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,
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 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
or more of which may naturally occur as a part of a legal and non -negligent agricultural
operations."
"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."
At the meeting on July 7, 1999 you agreed that I could make this recommendation in your
absence. Therefore, it is not necessary that you be present at the meeting although you may
certainly choose to attend.
Mout,: {34 -3212;14 109 NIia sti
,3113 (; r j'4.
• •
GARFIELD COUNTY
Building and Planning Department
I look forward to receiving your final exemption plat and the other items listed above. Once the
conditions of the approval are met the application for exemption will be completed•Please be
aware that you have 120 days to present a plat to the Commissioners for signature from the date
of approval of the exemption (Aug. 2, 1999).
Please do not hesitate to call me if you have any questions.
Sincerely,
Kit Lyon
Planner
Suitt 3113 Gl tw od Sp ' 31601