HomeMy WebLinkAbout3.0 Letter of ApprovalMarch 14th, 2008
Bruce D. Lewis, P.E.
Boundaries Unlimited, Inc.
823 Blake Avenue, Suite 102
Glenwood Springs, CO 81601
BUILDING & PLANNING DEPARTMENT
RE: Exemption from the Definition of Subdivision for the Grand Hogback LLC Property
Dear Bruce,
As you are aware, on Monday, March 10t, 2008, the Board of County Commissioners approved
the request for an Exemption from the Definition of Subdivision with the following conditions:
1. That all representations made by the Applicant in a public hearing before the Board of
County Commissioners shall be considered conditions of approval unless otherwise
amended or changed by the Board.
2. 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. One (1) dog will be allowed for each residential unit within a subdivision exemption
and the dog shall be required to be confined within the owner 's property boundaries.
c. 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. 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.
d. 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.
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
1
BUILDING & PLANNING DEPARTMENT
e. 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.
f 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.
g.
All new septic systems and residential foundations shall be designed by a
professional engineer licensed to practice in Colorado.
h. 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, Y. inch in
width and contracts with background color.
i. Driveways should be constructed to accommodate the weights and turning radius of
emergency apparatus in adverse weather condition.
2
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
1•
BUILDING & PLANNING DEPARTMENT
Combustible materials should be thinned from around structures so as to provide a
defensible space in the event of a wild land fire; and
k The mineral rights associated with this property (also known as Parcels 1, 2, 3, and
4 of the Grand Hogback Subdivision Exemption) have been partially severed and are
not fully intact or 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).
3. Prior to the signing of any final plat, all physical water supplies shall demonstrate the
following:
a. The Applicant shall construct the required 6,000 gallon fire protection water storage
tank and include a maintenance agreement as part of the common well covenants;
b. The Applicant shall provide an approved well permit for the water well located on
the remaining 786+ acre parcel;
c. A pump test and water quality analysis for the water well located on the remaining
786+ acre parcel demonstrating compliance with State and Local standards;
4. The Applicant shall convey in a manner acceptable to County Attorney's Office all
easements created by this exemption plat;
5. The subject property is located in the RE -2 School District. As such, the Applicant shall
be required to pay $200 each for Parcels 1, 2, and 3. This fee shall be paid at the time of
final plat.
6. All Parcels are subject to the following Garfield County Road and Bridge Department
requirements:
o A 30 -foot easement from the center line of the existing road surface the
entire length of the subdivision that borders CR. 237 (Harvey Gap Road)
shall be deeded to Garfield County for future road improvements and
maintenance approved by Garfield County Road and Bridge;
3
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
BUILDING & PLANNING DEPARTMENT
o All Fences, trees, brush and buildings that may encumber this easement
shall be moved back to the new ROW at the subdivider's expense upon
final approval by the BOCC;
o This requirement will be waived in areas where it would be cost
prohibitive at this time to remove large rocks;
o Driveway access permits will be issued by Garfield County Road and
Bridge Department with conditions specified in the permit/s. This shall
include paved or concrete access/s attached to the driving surface of CR
237. A stop sign shall also be required at the entrance/s to CR 237. (as
required in the Manual on Uniform Traffic Control Devises);
A plat of an approved or conditionally approved exemption shall be presented to the Board for
signature within 120 days of approval. Please do not hesitate to contact this office should you have
any questions.
Best regards,
J
Craig Richardson
Senior Planner
970.945.8212
4
108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470