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Home My WebLink About4.0 Director's DecisionJuly 21, 2011 Mark Chain Consulting 811 Garfield Ave. Carbondale, CO 81623 BUILDL 1--iv441 A%) 01.0.7 r1 c k ►p l`a 1J 2-04 RE: Amended Subdivision Exemption Plat, Snobble - Bazley (FEXA-6847) — Director's Decision Dear Mark: This letter is provided to you as the Owner's Representative for the Snobble - Bazley Application for an Amended Subdivision Exemption Approval — Plat. The request is to amend the property descriptions reflected in the original Snobble Subdivision Exemption approved by Resolution No. 81-298 of the Board of County Commissioners of Garfield County and recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 320026. The Applicants are Barbara Snobble, James Bazley and Connie Bazley and the property is located at 5966 and 5970 County Road 109 and an adjoining vacant lot west of the above addresses. The Properties are also know by the following Assessor's Parcel Numbers: 239,x-283-00-019, 2393-283-00-020, and 2393-283-00-021. 3 The review for this Application is Administrative pursuant to Sections 5-306 and 4-104 of the Unified Land Use Resolution of 2008 as amended (ULUR) and requires a Decision by the Director of the Building and Planning Department on whether to approve, approve with conditions, or deny the request. A decision is hereby issued regarding the request for an Amended Subdivision Exemption Approval - Plat for Exemption Lots A, B, and C modifying the lot lines and configurations as previously described in Resolution 81-298 of the Garfield County Board of County Commissioners. The Director's Decision is to approve the Application, including a finding that the proposed Snobble — Bazley Amended Subdivision Exemption and Plat are in general compliance with the Garfield County Comprehensive Plan 2030 and comply with the Garfield County Unified Land Use Code of 2008 as amended including but not limited to Sections 5-306, 5-501(1), and 4-104, as applicable, subject to compliance with the following conditions of approval. 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 2. The Applicant shall include the following text as plat notes on the final exemption plat or amend the existing text to conform to following: 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 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. f. Addresses are to be posted where the driveway intersects the County road. if a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, % inch in width and contracts with background color. g - Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and h. "The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s)." 1. New Septic Systems may be required to be designed by a professional engineer depending on site constraints including but not limited setback requirements from domestic wells, irrigation ditches, and ponds and the potential for high ground water. J - Portions of the property are located within the 100 year floodplain as shown on the plat. Development within the floodplain may require additional County review and compliance with floodplain development regulations and permitting. k. Engineered foundations may be required based on the potential for high ground water on portions of the site. 3. A plat note shall be included on the plat specifying the purpose of the plat amendment and clarifying that the plat shall replace (supersede) previous subdivision approvals (Resolution No. 81-298 of the Board of County Commissioners) and any other recorded mapping (unapproved map recorded at Reception No. 659044). The text for the plat note shall be prepared and/or approved by the County Attorney's Office. 4. The location of the 100 year floodplain line, as shown on the Site Constraints mapping shall be included on the Subdivision Exemption Plat. 5. The Applicant shall provide Boundary Line Adjustment Affidavits and/or conveyance deeds as determined necessary by the County Attorney's Office reflecting the proposed changes to the Tots. The documents shall be subject to review and approval by the County Attorney's Office and shall be recorded concurrently with the Amended Subdivision Exemption Plat. 6. Approval of the proposed exemption plat and plat notes shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a blueline of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for their signature. 7. All conditions of approval and edits to the proposed subdivision exemption plat shall be completed and a mylar of the proposed plat provided to the County in a form ready for signatures and recording within 90 days of the Director's Decision. The ULUR 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 call-up period shall expire on July 31, 2011. The Amended Subdivision Exemption Plat will be scheduled on the Board of County Commissioner's consent agenda after expiration of the call-up period and once the conditions of approval have been met. Sincerely, Fred A. Jarman, AIC Director of Building and nning CC: Carey Gagnon, Assistant County Attorney Board of County Commissioners