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HomeMy WebLinkAbout2.0 CorrespondenceJanuary 5, 2011 Tim Thu!son Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 tim@balcombgreen.com Reference: Ziegler Subdivision Exemption Dear Tim, • Garfield County BUILDING & PLANNING DEPARTMENT Happy New Year! This letter is to notify you that the conditional approval granted on the above referenced application is valid for a period of 90 days pursuant to Section 4-103 G.8. of the Garfield County Unified Land Use Resolution of 2008, as amended. As a courtesy we are extending an additional 90 -day time period to receive Board of County Commissioner signature and record the plat. The Director Determination was issued on June 4, 2010. The letter is to provide notice that the 90 -day timeframe will re -commence as of January 1n, this will require submittal of the plat mylar to Building and Planning by March 10, 2011 in order to receive BOCC signature within the 90 -day time period. If the mylar is not received by that time the approval will be deemed expired. Feel free to contact me with any questions or comments. Sincerely, Kathy E. st ^', AICP Cc: Fred Jarman File 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 June 4, 2010 • Garfield County BUILDING & PLANNING DEPARTMENT Tim Thuison Baicomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 tum@balcombgreen.com DIRECTOR DETERMINATION! Request for a Major Exemption pursuant to Article V, Divisions IV and V of the Unified Land Use Code of 2008, as amended Garfield County File Number MAEA6323 Parcel Number 2179-054-00-056 Dear Mr. Thuison, This letter is provided to you as the representative for Peregrine 08 Investments, LLC regarding a request for a Major Exemption of a 41.85 -acne parcel of land located at 31145 Highway 6 & 24 just west of the Town ofD irector Determination is hereby issued asubjectto the following 9 the Application subject conditions: 1. That all representations made by the Appy in a public hearing before the Board of County Commissioners shall be consideied 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 responsibility of the property owner. b. No open hearth sofid-fuel firepkices 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 rreg ulafiorls prom ulgated thereunder, will be allowed in any dwelling unit. AR natural ►n9 ntls wul be allowed an unresbirled number of stoves and appliances. c. AN exterior Lighting strati be the minimum amount necessary and 108 Eighth Street, Suite 401 • Glenwood Springs, GO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 that all exterior ighting be erected knvard and downward, towards The interior of the subdivision exemption, except that provisions . may be made to allow for safety ltghting that goes beyond the property boundaries. d. Colorado is a 'Right- to -Farm" State pursuant to cgs. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the Vis, sights, sounds and smells of Garfield County's agricultural operations as a nominal and necessmy aspect of Eying • in a County wth 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, fanning or other- agricultural activities and operations whin 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, ad must be prepared to encounter noises, ooh, fights, mud, dust, smoke chemicals, machinery on public roads, ltvoestocc on pubic roads, storage and disposal of manure, and the aeon by spraying or otherwise of Chemical fertilizers, sat 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, cog weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining propoiy. Residents and lm:bwnem are encouraged • to leam about these rights and responsTillties and act as good • neighbors and citizens of the County. A good introductwy source for such information is "A Guide to Rural Luing & Sinai Scale Agriculture" put out by the Colorado State Univmsity Extension Office in Garfield County. f. Alt new septic systems and residential foundations shall be designed by a pterional engineer ¥tensed to practice in Colorado. g. Addresses are to be posted where the driveway intersects the County mad. if a shared driveway is used, the address for each home should be posted to curly identify each address. Letters are to be a minimum of 4 inches in height, 34 inch in width and contracts with background color. h. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather • conditions. i. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire; and `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 owners) or lessee(s)." 3. 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 myiar shaft be printed and necessary signatures obtained prior to the Board. of County Commissioners signing_ 4. Prior to the Board of County Commissioners signing of the plat the Applicant shall provide the foliowng information regarding adequacy of the water supply: a. A minimum 24 hour pump test shall be performed on the wells) to be used. The results of the pump test shall be analyzed and summarized in a report including basic wel 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 resources in the area b. Water use assumptions shall hole an average of no less than 3.5 people per dwelling, using 100 gallons of water per person per day, plus and irrigation and livestock watering uses_ c. If the well is shared, a regal 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.E., Colorado River Engineering contained in a letter dated December 22, 2008. d. At a minimum, the water quality of the well shaft be tested by an independent testing laboratory for the basic Colorado Primary Drinking Water Standards for inorganic c (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. 5. An Improvements Agreement shall be completed for Board of County Commissioner signature concurrent with the signing of the exemption plat This Agreement shalt 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 con rot structures necessary, and the distribution system for the shared welt_ Adequate collateral shall be provided along with documentation. 6. The property is located in the School District each for Parcels 2�3 and 4. the Applicant shall be required pay This fee shall be paid at or prior to the Board of County Commissioners signing the exemption plat. 7. The .Applicant -shall mairtalo its that the D #070419EastDZ(a) and #070419WestDZ(a) and ensure al payments required therein are timely paid to WDVVCD. 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 hi the event the Applicant fails to obtahi the requisite legal entitlements with conditions which establish the adequacy of the water supply plan. If there is such a material change in circumstance or failure to obtain proper leggy eminent, the County may reconsider sufficiency of the water supply. This Determination will be forwarded to the Board of County Commissioners for a period of 10 days so that they may deterrrine whether or not to rail 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 mytar 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, Fred A. Jarman, AICI\ Director of Building a Planning CC: Board of County Commissioners File • • Kathy A. Eastley From: Tim Thulson [tim@balcombgreen.com] Sent: Tuesday, April 05, 2011 2:10 PM To: Kathy A. Eastley Subject: RE: Ziegler Exemption Kathy — I am still working on the mylar and would like to petition the BOCC for a further extension. By this request could 1 be scheduled before the BOCC at its next earlier meeting for this purpose. Thanks. From: Kathy A. Eastley Jmailto:keastley©garfield-county.coml Sent: Wednesday, January 05, 2011 1:39 PM To: Tim Thulson Cc: Fred Jarman Subject: Ziegler Exemption Tim, Attached is a letter regarding the Director Determination issued for the Ziegler Exemption. We had spoken previously regarding the timeframe for validity of the approval and 90 -days is the standard — meaning that we would assume the mylar would be submitted and signed by the BOCC within 90 -days of the approval. The attached letter is being sent to give the applicant 90 -days to complete this application prior to expiration of the approval. Feel free to contact me with any questions. Kathy Eastley, AICP Senior Planner Garfield County Building & Planning 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com SUCCESS IS NEVER FOUND. FAILURE IS NEVER FATAL. COURAGE IS THE ONLY THING. - WINSTON CHURCHILL 1 EDWARD MU ALL, JR. ....<5\\„ SCO ► BALCOMB -ENCE R. GREEN OTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT GROSSCUP CHAD J. LEE NICHOLAS B. NELSON BALCOMB & GREEN, P.C. ATTORNEYS AT LAW P.O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 TELEPIIONE: 970.945.654G FACSIMILE: 970.945.8902 www.balcombgreen.com January 16, 2009 KENNETH BALCOMB 1 920-2005 OF COUNSEL: JOHN A. THULSON Via Hand Delivery Kathy Eastley, AICT Senior Planner Garfield County Building and Planning 108 8' Street, Ste 401 Glenwood Springs CO 81601 Re: Ziegler Subdivision Exemption Plat Materials Dear Kathy: Regarding the above referenced matter I provide herewith for filing with your office the plat materials as required under BOCC Resolution of Approval 2008-90. As you will recall, the date for submission of these materials was extended by the Board pursuant to separate approval entered by the board on October 16, 2008. In the order provided herewith these plat materials are: 1.) Ziegler Subdivision Exemption Plat, (three copies 11 x 17/3 copies 24x36) this plat includes all the plat notes required under Condition of Approval 2 and the corrections required under Condition of Approval 3. 2.) Water supply materials for Ziegler east and west wells. These materials contain all that information required under Condition of Approval 4a, 4b, 4c, 4d, 4f and Condition of Approval 5. 3.) Declaration of Protective Covenants Ziegler Subdivision Exemption. This document along with governing', other reciprocal rights and duties of the future occupants of the Ziegler Subdivision Exemption, also sets forth the associated cost splits and responsibilities instant to the operation and maintenance of the well system proposed to serve Lots 2, 3 and 4 as required under Condition of Approval 4e. All of the easements necessary for operation of this system are set forth within the Plat. ) State Highway Access Permit #3081 Th. ccess P: mit is s1bmitted in satisfaction of Condition of Approval 6. 5.) Ziegler Subdivision Exemption Improvements Agre- ent. This agreement, although atypical to an Exemption Plat, is submitted and will be executed by Peregrine 08 Encl. BAL Investments, LLC for instant to the Exem separate CDOT access seen in an exemptio execution of the Plat p Should you have any qu contact me at your earliest OMB & GREEN, P.C. ATTORNEYS AT LAW January 16, 2009 Page 2 the purpose of bonding the Access roadway improvements . tion Lots. As discussed, given that this driveway required and improvements quite a bit more extensive that is regularly process, this agreement is submitted in order to obtain or to actual construction of the necessary improvements. • stions or concerns regarding the above, please feel free to convenience. Very truly yours,