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Home My WebLink About4.0 Director's Determination 05.06.2009Garfield County May 6, 2009 Chris and Astrid Janusz 3642 Highway 82 Glenwood Springs, CO 81601 DIRECTOR DETERMINATION BUILDING & PLANNING DEPARTMENT Request for a Minor Exemption pursuant to Article V, Divisions IV and V of the Unified Land Use Code of 2008 for parcel #2185-271-00-027 Garfield County File Number XDS2809 Dear Mr. and Mrs. Janusz, This letter is provided to you as the owner(s) and Applicant(s) of a 1.37 -acre parcel of land located at 3642 Highway 82. Lot 2, Ranch at Coulter Creek. A request for a Minor Exemption to allow for a two -lot subdivision on the subject parcel has been reviewed and a Director Determination is issued approving the Application subject to 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 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 buming 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 buming 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 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 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. 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. h. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and i. "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)." 3. The following geologic plat notes shall be placed on the Exemption Plat: • This subdivision is located in a geologically sensitive area and therefore may be prone to hazards including rock fall, debris flows, sinkholes and flooding. Prior to issuance of a building or grading permit, the owner of each lot shall prepare and submit a soils and foundation report, a grading and drainage plan, and a geologically acceptable building site prepared and certified by a professional geotechnical engineer. All improvements shall be constructed in accordance with such recommendations which shall be considered conditions of approval. • The irrigation ditch located at the eastern portion of this site provides minimal mitigation for potential of rock falls that may cause significant building and property damage and possible harm to the building occupants. A geotechnical investigation should be performed prior to any disturbance of the irrigation ditch. • Owners are hereby advised of sinkhole potential as early detection of building distress or settlement of graded areas may be mitigated with timely remedial action. • The site is subject to Article VII Section 7-210 of the Unified Land Use Code of 2008 including the standards for Development in Blue Zone Hazard Areas which require special engineering. 4. The exemption plat shall describe all necessary easements for provision of utilities and access. 5. The Applicant shall submit an inventory of County Listed Noxious Weeds and a Weed Management Plan for the site. The inventory and management plan shall be reviewed and determined sufficient by the County Vegetation Manager prior to the signing of the exemption plat. 6. Prior to the signing of the plat the Applicant shall provide a legal well sharing declaration/agreement which discusses all easements and cost associated with the operation and maintenance of the system and who will be responsible for paying these cost and how assessments will be made for these costs. 7. The property is located in the School District RE1. As such, the Applicant shall be required to pay a fee in -lieu of School Land Dedication for the additional lot created. This fee shall be paid prior to the signing of the exemption plat. Adjacent property owners may request reconsideration of this determination within 10 days. The Board of County Commissioners may call-up the application for review within 14 calendar days, the timeframe commencing from the date of determination. The Exemption Plat will be scheduled for Board of County Commissioner signature upon expiration of that time period if no request for further consideration is received. Should you desire to request further consideration please contact the Building and Planning Department at (970) 945-8212. Sincerely, Fred Jarman, AICP Nir Director of Building and `tanning CC: File