HomeMy WebLinkAbout4.00 Director's Determination 11.12.2021Guffield Coülnty
Community Development Department
December L3,202L
Ryan Ivy
2579 CR 1L5
Glenwood Springs, Co 81601
RE: Director's Decision Letter - Ivy Minor Subdivision: MISA-08-21-8856
Dear Mr.lvy:
This letter is sent to you as the applicant for the MISA-08-21-8856, a minor
subdivision of Ranch L4 of the Lookout Mountain Ranch located in Section 19,
Township 6 South, Range BB West and Section2â,Township 6 South, Range 89 West
of the 6th PM. The property is addressed as 2579 County Rd 115 Glenwood Springs,
Co.
The Application has been reviewed in accordance with the Minor Subdivision and
Administrative Review procedures contained in the Land Use and Development Code,
as amended, Said provisions require a decision by the Director of the Community
Development Department on whether to approve, approve with conditions, or deny
the request. The Director's Decision is based on the following findings:
L.' The Application for a Minor Subdivision of Ranch L4 of Lookout Mountain
Ranches Subdivision, fulfills the notice requirements for an Administrative
Review process
2. With the submittal waivers and conditions of approval, the Application
complies with the items of Section 5-301- Minor Subdivision'
3. That, for the above stated and other reasons, the proposed lvy Minor
Subdivision is in the best interest of the health, safety, convenience, order,
prosperity, and welfare of the citizens of Garfield County.
4. That, with adoption of conditions, the application is in general conformance
with the Garfield County Comprehensive Plan 2030'
5. Subject to compliance with all included Conditions of Approval and approval
of submitted waiver requests, the application complies with the Garfield
County Land Use and Development Code.
The Director's Decision is hereby issued approving your Application subject to the
following conditions of approval.
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L. 'l'hat all representations contained in the Application submittals shall be
conditions of approval, unless specifically amended or modified by the
conditions contained herein.
2. Prior to the submittal of the final plat for execution and recording, all well
permits, water contracts, pump tests, and water qualitytests will be submitted
and approved in accordance with Section 4-203.M. and the Division of Water
Resources requirements. If the existing well is to be shared, a well sharing
agreement and any necessary easements shall be provided.
3. Prior to the submittal of the final plat for execution and recording, the
Applicant will coordinate with Garfield County Road and Bridge to bring the
access for Proposed Lot 1 (Neil Rd) into compliance with current access
standards for CR 1L5.
4. Prior to the submittal of the final plat for execution and recording, the
applicant shall submit information related to the apparent swale or ditch the
County's consulting cnginccr idcntified on aerial imagcry that runs through
the Proposed Lot 2's building envelope, If the feature needs to be mitigated,
the applicant shall provide the necessary information related to it.
5. Final edits to the proposed pla! including plat notes, certificates, and title,
shall be submitted to the County for review and acceptance prior to
submission for execution and recording.
6. A purpose stâtement shall be added to the plat notes.
7. The following plat notes shall be added to the final plat:
a. No open hearth solid-fuel fireplaces will be allowed anywhere within
the subdivision. One new solid fuel burning stove as defined by C.R,S
25-7-4AL, 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.
b. Control of noxious weeds is the responsibility of the property owner.
. c. Domestic animals shall be confined within the owner's property
boundaries and kept under control when not on the property.
d. All exterior lighting shall be the minimum amount necessary and that
all exterior lighting shall be directed inward and downward, towards
the interior of the subdivision, except that provisions may be made to
allow f'or safety lighting that goes beyond the property boundaries.
e. New fencing on the property shall comply with the Colorado Parks and
Wil dli fe s p ecifi catio ns for wildlife-friendly fen cin g.
f. Colorado is a "RIGHT-TO-FARM" state pursuant to C.R.S. 35-3-11, Ht,
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, sound, and smells
only as inconvenience, eyesore, noise and odor. However, state law and
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county policy provide that ranching farming and 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 amendment, herbicide, and pesticides, any one
or more of which may naturally occur as part of legal and non-negligent
agricultural operations.
g. 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 an 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'
h. The mineral rights associated with this property may 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).
i, At the time of building permi! site-specific Geotech or Geohazard slope,
subsurface investigation, laboratory testing and analysis will be
required to: characterize soil and bedrock engineering properties such
as density, strength, water content, and swell/consolidation potential;
determine depths to groundwater, bedroch and any impermeable
layers that might lead to development of a perched water condition;
verify the feasibility of below-grade construction, if planned; and
provide earthwork, foundation, floor system, subsurface drainage, and
pavement recommendations for design. Grading, surface drainage, and
subsurface drainage will be designed, constructed, and maintained for
stability and to minimize wetting of potentially expansive soils and
bedrock in the immediate vicinity of foundation elements.
j. As of this subdivision, the properties are not within a fire protection
district. In accordance with the Carbondale and Rural Fire Protection
District's comments, it is recommended that all new residential
construction have sprinkler systems installed in accordance with the
International Residential Code Section P29A4. Development mustmeet
all applicable fire (including wildfireJ code at the time of building
permif including Section 7-206 Wildfire Hqzards of the Garfield County
Land Use and Development Code, as amended, which requires roof
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materials be made of noncombustible materials or other materials as
recommended by the local fire agency.
k. The well permitted under Well Permit No. 279642 may only selve a
single parcel.
The Land Use and Development Code requires notification to the Board of County
Commissioners for their review and potential call-up of the Director's Decision, The
Board review is for a period of 10 calendar days commencing on the date of the
I)irector's Decision. You may request the clecision be called up to the Board during
this period. The call-up period shall expire on December 23,202t. Once all conditions
of approval have been satisfied, a Land Use Change Permit will be issued. Please note
thatyou will have ninety days from the date of approval to complywith the conditions
of approval and submit a Final Plat for execution and recording. Extensions may be
requested prior to the expiration of the this time limit. Please contact the Community
Development Department if you have any questions regarding the Director's
Decision.
Sincerely,
Bower, AICP
of Community Development Department
CC: Board of County Commissioners
Sh
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