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Home My WebLink About3.0 Director's Determination 06.04.10Garfield County BUILDING & PLANNING DEPARTMENT June 4,2010 Tim Thulson Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 tim@balcombgreen.com DIRECTOR DETERMINATION Request for a Major Exemption pursuant to Article V, Divisions lV and V of the Unified Land Use Code of 2008, as amended Garfield County Fib Number MAEA6323 Parcel Number 2179-054-00-056 Dear Mr. Thulson, This lefter is provided to you as the representative for Peregrine 08 lnvestments, LLC regarding a request for a Major Exemption of a 41.85-acre parcel of land located at 31145 Highway 6 & 24 just west of the Town of Silt. A Director Determination is hereby 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 Director. 2. The Applicant shall include the following text as plat notes on the final exemption plat: a. Control of noxious weeds is the responsrbility of the property owner. b. No open hearth solid-fuelfireplaces will be allowed anywhere within an exemption. One (1) new solid-fuel buming stove as defied by C.R.S. 25-7-401, et. seg., 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 sfoyes and appliances. c. All exterior lighting shall be the minimum amounf necessary and 108 Eighth Street, Suite 401 . Glenwood Springs, CO 81601 (970) 945-8212. (970) 285-7972. Fax: (970) 384-3470 e. that all exteior lighting be directed inward and downward, towards the inteior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the propefi boundaries. Colorado is a "Right-to-Farm" Sfafe pursuant fo C.R.S. 3*1101, et seg. Landowners, residenfs and visitorc musf be prepared to accept the activities, srghfs, sounds and smells of Garfield County's agicultural operations as a normal and necessary asryct of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sighfg sounds and sme//s only as inconvenience, eyesore, noise and odor. However, Sfafe law and County policy provide that ranching, farming or other agicultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in confotmance with the law and in a non-negligent manner. Therefore, all must be prcpared to encounter norses, 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 mote of which may naturclly occur as a part of a legal and non-negligent agricultu ral operations. All owners of land, whether ranch or residence, have obligations under Sfafe law and County regulations with rcgard to the maintenance of fences and irigation ditches, controlling weeds, keeping livestock and pefs under control, using propefi in accordance with zoning, and other aspecfs of using and maintaining property. Resrdenfs and landowners arc encouruged to leam about fhese rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is % Guide to Rural Living & Small Sca/e Agiculture" put out by the Colorado State University Extension Office in Gafield County. All new septic sysfems and residential foundations shall designed by a professional engineer licensed to practice Colorado. Addresses are to be posted wherc the driveway intercects the County road. lf a shared diveway r.s used, the address for each home should be posted to clearly identrfy each address. Lefters are to be a minimum of 4 inches in height, % inch in width and contracts with background color. Driveways should be constructed to accommodate the weights and tuming radius of emeryency apparatus in adverce weather be in h. 4. conditions. i. Combustible mateials should be thinned from around structures so as fo provide a defensible space in the event of a wild land fire; and j. "The mineral rights assocrafed with this prcperty will not be transfened with the surtace esfafe therefore allowing the potential for natural resource extraction on the property by the mineral esfafe owner(s) or /essee(s). " The Applicant shall submit a blueline of the proposed exemption plat upon completion of corrections recommended by County Staff (planning and surveying). Upon final approval by Staff the mylar shall be printed and necessary signatures obtained prior to the Board of County Commissioners signing. Prior to the Board of County Commissioners signing of the plat the Applicant shall provide the following information regarding adequacy of the water supply: a. A minimum 24 hour pump test shall be performed on the well(s) to be used. The results of the pump test shall be analyzed and summarized in a report including basic well data (size, depth, static water level, aquifer, etc.) pumping rate, draw down, recharge and estimated long term yield. The report shall be prepared by a qualified engineer of ground water hydrologist and include an opinion that the well will be adequate to supply water for the proposed uses. The report shall also address the impacts to ground water resouroes in the area. b. Water use assumptions shall include an average of no Iess than 3.5 people per dwelling, using 100 gallons of water per person per day, plus and irrigation and livestock watering uses. c. lf the well is shared, a legal well-sharing declaration addressing all easements and costs associated with operation and maintenance of the system and identifying the person responsible for paying costs and how assessment will be made for those costs. This document shall incorporate the recommendations of Christopher Manera, P.8., Colorado River Engineering contained in a leffer dated December 22,2008. d. At a minimum, the water quality of the well shall be tested by an independent testing laboratory for the basic Colorado Primary Drinking Water Standards for inorganic chemicals (heavy metals, nitrate, sulfate and asbestos), bacteria and radioactivity. The results should show that the applicable standards are met or otherwise identify a treatment system to meet the standards. Testing for the Secondary Drinking Standards (taste, odor, color, staining, scaling, corrosion, etc.) is recommended. An lmprovements Agreement shall be completed for Board of County Commissioner signature concurrent with the signing of the exemptionplat. This Agreement shall include the public improvements necessitated by the creation of three additional lots including construction of access from Highway 6 to each of the proposed lots, any necessary drainage or erosion contro! structures necessary, and the distribution system for the shared well. Adequate collateral shall be provided along with documentation. The property is located in the RE-2 School District therefore the Applicant shall be required to pay $200 each for Parcels 2,3 and 4. This fee shall be paid at or prior to the Board of County Commissioners signing the exemption plat. 7. The Applicant shall maintain its contract with the WDWCD #070419EastDZ(a) and #07A419WestDZ(a) and ensure that all annual payments required therein are timely paid to WDWCD. 8. The County's approval of the adequacy of the water supply plan for the Ziegler Exemption shall be effective unless there is a material change in either the water supply or water demand for the proposed development or in the event the Applicant fails to obtain the requisite legal entitlements with conditions which establish the adequacy of the water supply plan. lf there is such a material change in circumstance or failure to obtain proper legal entitlement, the County may reconsider sufficiency of the water supply. This Determination will be fonrarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the application for completeness review. Once this time period has passed with no request for public hearing, and relevant conditions of approval have been resolved, a mylar may be submitted to the Board for signature and subsequent recording of the plat and all related documents. Feel free to contact this department if you have any questions. Sincerely, CC: Board of County Commissioners File 5. 6. Fred A. Jarman,