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R..deption#: 825256
10/08/2012 02:36:43 PM Jean Rlberioa
1 of 5 Reo Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO
May 28, 2010
Lacy Orr and Gil Smith
P.O. Box 727
Darby, MT 59829
DIRECTOR DETERMINATION
BUILDING & PLANNING DEPARTMENT
Request for a Major (4 lot) Exemption pursuant to Article V, Divisions IV and V of
the Unified Land Use Code of 2008 for parcel #2183-304-00-008
Garfield County File Number: MAEA 6356
Dear Ms Orr and Mr. Smith:
This letter is provided to you as the owner(s) and Applicant(s) of a 78.51 -acre
parcel of land located at 6640 County Road 312, New Castle, CO. The
Applicants seek to allow for the creation of five (5) single-family residential lots as
permitted by the Major (4 lot) Exemption process. On January 18, 2010, the
Board of County Commissioners (BOCC) approved a factual finding that CR 312
prevented the joint use of the proposed exemption lots thus creating a fifth lot.
This application has been reviewed and a Director Determination is issued
approving the Application subject to the following conditions:
1. AN representations made by the Applicants shall be considered conditions of
approval unless otherwise amended or changed by the Decision of the
Director.
2. The Applicants shall include the following text as plat notes on the Exemption
Plat:
a. Control of noxious weeds is the responsibility of the property owner in
compliance with the Colorado Noxious Weed Act and the Garfield County
Weed Management Plan.
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.
0375 County Road 352, Building #2060 • Rifle, CO 81650 1 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 625-5900 • Fax, (970) 625-5939 (970) 945-8212 • Fax, (970) 384-3470
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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. The mineral rights associated with this property will not be 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).
g. No future division will be allowed via subdivision exemption.
3. Other plat notes to be added to the Exemption Plat include:
a. This subdivision is located in a geologically sensitive area and therefore
may be prone to hazards including landslides, unstable slopes, collapsible
soils, shallow ground water, perched water, and erosion. The
development of each lot shall be designed to eliminate or mitigate the
potential effects of hazardous site conditions, by a qualified professional
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geotechnical engineer. No building permit for any of the lots shall be
accepted by the County without a geotechnical report by a professional
geotechnical engineer.
b. No building shall be allowed within 35 feet of the high water mark of
Garfield Creek.
c. Any ISDS systems proposed for the subdivision shall be designed by a
professional engineer licensed in the State of Colorado.
d. The Weed Management Plan approved by the County Vegetation
Manager shall be included in the Home Owner Association's Covenants
Conditions and Restrictions and adhered to by all lot owners.
e. All new homes shall be required to install a NFPA 13D Fire Sprinkler with
water storage of 25 minutes and visual/audible flow alarm. The existing
homes presently on Lots 1 and 2 will not be required to be retrofitted with
this sprinkler system. However, it these homes are every torn down and
new homes built this requirement will apply to these structures.
f. All lot owners shall install individual water softening and water conditioning
systems.
g. Due to the flammable vegetation and slope on Lot 5, this lot shall
implement the Colorado State Forest Service's Defensible ' Space
standards and shall be incorporated into the Home Owners Association's
Covenants, Conditions, and Restrictions of this subdivision. The area
called Defensible Space has three zones.
1) The size of Zone One is at least 15 feet, measured from the edge of
the structure but can vary depending on the percent of the surrounding
slope. Within Zone One, several specific treatments are
recommended:
• Plant nothing and allow no shrubs or trees to grow within 3 to 5 feet
of any structure. If landscaped grass is allowed to grow in the area
around the structure it must not grow taller than 6 inches.
• if the structures are built with non-combustible siding, such as rock
or stucco, widely spaced foundation planting of low growing shrubs
or other "fire -wise" plants are acceptable.
• It is ideal to remove all flammable vegetation, specifically native
trees, in Zone One to reduce fire hazards. If a native tree is kept in
Zone One it should be considered part of the structure and the
zone extended out around it and/or isolated from other surrounding
trees. Landscaped trees, particularly deciduous species, are
allowed in Zone One as long as they are not right next to the
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structure, no shrubs are growing beneath them and they are on a
watering system to insure adequate plant moisture.
2) Zone Two is an area of fuel reduction designed to reduce the intensity
of any wildfire approaching the structure. Within this zone, the
following is recommend:
• Trees and shrubs should be thinned so there is at least a 10 foot
space between crowns. Crown separation is measured from the
furthest branch on one tree to the nearest tree crown. On steep
slopes, allow more space between tree crowns.
• Trees may be clumped together in twos or threes to create a more
natural appearance, but adequate spacing between clumps must
be maintained.
• Ladder fuels, such as small shrubs, young trees and very low
growing branches, should be removed from beneath remaining
trees. These fuels can feed a wildfire and produce greater heat
and intensity.
4. The Applicants shall provide an inventory of County Listed Noxious Weeds
and Weed Management Plan for the site. The inventory and management
plan shall be reviewed and approved by the County Vegetation Manager prior
to the signing of the Exemption Plat.
5. The Applicants shall provide a legal well sharing agreement for Lots 3, 4, and
5. This agreement shall discuss all easements, operation and maintenance
costs, cost sharing, and cost assessments. This information shall be reviewed
and approved by the County prior to signing the Exemption Plat. A narrative
describing the contents of this agreement shall be included in the Home
Owner Associate's Covenants Conditions and Restrictions.
6. The Applicants shall provide engineered drawings for the water supply
infrastructure for Lots 3, 4 and 5 to assure that the well on Lot 4 can
physically deliver the water to these Tots. Along with the engineered design,
an improvement agreement, cost estimate, and security for construction of
the necessary infrastructure shall be submitted to the County for reviewed
and approved prior to signing the Exemption Plat.
7. The Applicants shall provide a Subdivision Improvement Agreement for
County review and approval prior to the signing of the Exemption Plat.
8. The Applicants shall provide the Home Owner Associate's Covenants
Conditions and Restrictions for County review and approval prior to the
signing of the Exemption Plat.
9, The property is located in the School District RE2. As such, the Applicants
shall be required to pay a fee in -lieu of School Land Dedication for the
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additional lot created. This fee shall be paid prior to the signing of the
Exemption Plat.
10.The Exemption Plat shall describe all necessary easements for provision of
utilities and access.
11. The Exemption Plat shall designate a 30 foot right-of-way easement from the
centerline of the roadway along County Road 312 along the property line of
the parcel.
12.AII structures (fences,- buildings, etc.) within the 60 foot right-of-way easement
shall be moved or an encroachment agreement shall be solidified with the
County. All encroachment agreements shall be submitted for County review
and approval prior to the signing of the Exemption Plat.
13. The Applicants shall treat Well No. 2 (Permit No. 266920) with a disinfected
and pass a bacteriological analysis. This analysis shall be submitted to the
County for review and approval prior to the signing of the Exemption Plat.
The Applicants or adjacent property owner affected by the decision may request
reconsideration of the Director's decision by the Board of County
Commissioners. The requesting party may file a written request within ten (10)
calendar days of the date of written notice of the decision by the Director. The
Board of County Commissioners shall review the request at the next regular
meeting of the Board and set a public hearing by a majority vote of the Board in
favor of said hearing. Also, within ten (10) calendar days of the date of written
notice of the decision by the Director, the Board may, at its discretion, decide to
review the Director's decision at the next regularly scheduled meeting of the
Board for which proper notice of hearing can be accomplished. Should you
desire to request further consideration please contact the Building and Planning
Department at (970) 945-8212.
Sincerely,
Fred Jarman, AICP
Director of Building and Planning
CC: File, John:Taufer