HomeMy WebLinkAbout5.0 Conditions of ApprovalFebruary 3, 2004
Ron Liston
918 Cooper Avenue
Glenwood Springs, CO 81601
BUILDING & PLANNING DEPARTMENT
Re: Deane Exemption & Floodplain Special Use Permit
Dear Ron,
As you are aware, on February 2, 2004, the Board of County Commissioners approved, by a vote of
3 to 0, the requests for a Flood Plain Special Use Permit and an Exemption from the Definition of
subdivision for Mr. Deane with the following conditions:
1. That all representations of the Applicant, either within the application or stated at the meeting
before the Board of County Commissioners, shall be considered conditions of approval.
2. That the applicant shall have 120 days to present a plat to the Commissioners for signature
from the date of conditional approval of the exemption. Failure to submit required information
to the county by this date without a request for an extension shall automatically dissolve any
approval granted by the Board of County Commissioners.
3. The Applicant shall pay the impact fees to the Carbondale and Rural Fire Protection District at
$417 per lot at the time of final plat. Proof of this payment shall be submitted to the Building
and Planning Department prior to the Board's signature of the Final Plat
4. When substantial construction is complete, the Applicant or future owner of the property shall
submit a floodplain elevation certificate to Garfield County Building and Planning Department
to verify construction of the first finished floor is at least 1 -foot above the 100 -year floodplain
prior to final inspection approval and the issuance of a Certificate of Occupancy.
5. The Applicant shall accurately delineate the two wetlands that fall primarily on Lots 2 and 3 on
the Final Plat. Additionally, the Applicant shall provide a copy of the application materials /
letter to be submitted to the Army Corps of Engineers regarding the expansion of the proposed
access road that may affect the linear wetland associated with the ditch on Lot 3.
6. While the Applicant has mapped and inventoried the property with the focus on wetland
delineation, the Applicant shall provide a report that addresses 1) noxious weeds on the
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945 -8212 (970) 285 -7972 Fax: (970) 384 -3470
Liston
Page 2
property and 2) a weed management plan for any inventoried noxious weeds, and 3) future
weed management for the common elements within the subdivision which might include, but
are not limited to, roads, utility easements, and common open space. This information shall be
provided to the County Vegetation Management Director for approval then submitted to the
Planning Department prior to final plat.
7. Regarding weed management after the sale of lots, the Applicant shall incorporate language in
the "Declaration of Private Roadway Easement and Maintenance Obligations" that addresses
the legal responsibilities of property owners to manage noxious weeds according to the
Colorado Noxious Weed Act and the Garfield County Weed Management Plan. This language
shall be provided to the County Vegetation Management Director for approval then submitted
to the Planning Department prior to final plat.
8. The Applicant shall be required to conduct a well pump test for the existing well serving Lot
land the well to serve Lots 2 - 4 that demonstrates all of the following points as applicable:
a. That a four (4) hour pump test be performed on the well to be used;
b. A well completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
c. The results of the four (4) hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge;
d. A written opinion of the person conducting the well test that this well should be
adequate to supply water to the number of proposed lots;
e. An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons of water per person, per day;
f. If the well is to be shared, a legal, well sharing declaration which discusses all
easements and costs associated with the operation and maintenance of the system and
who will be responsible for paying these costs and how assessments will be made for
these costs;
g. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and nitrates.
h. For water supplies based on the use of cistern, the tank shall be a minimum of 1000
gallons.
9. That the following plat notes shall appear on the Final Plat
a) No further divisions by exemption from the rules of Subdivision will be allowed.
b) 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. sew., 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
Liston
Page 2
appliances.
c) All exterior lighting will be the minimum amount necessary and all exterior lighting will
be directed inward and downward, towards the interior of the subdivision, except that
provisions may be made to allow for safety lighting that goes beyond the property
boundaries.
d) Foundations and Individual Sewage Disposal Systems shall be engineered by a
Professional Registered Engineer within the State of Colorado.
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. 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 apart 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)
One (1) dog will be allowed for each residential unit within a subdivision and the dog
shall be required to be confined within the owner's property boundaries.
h) That all manufactured homes or those to be substantially improved to be placed within
Zone A on a community's FEMA or FIRM shall be installed using methods and practices
which minimize flood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to, use of over - the -top or frame
ties to ground anchors. This requirement is in addition to applicable State and local
anchoring requirements for resisting wind forces. A manufactured home should be
elevated a minimum of one (1) foot above the base flood level and anchored to the
elevated foundation.
Liston
Page 2
i) Proper erosion and sediment control measures shall be taken during any site construction
disturbance which shall include enclosing the construction envelopes with silt fencing
and hay bale check dams.
J)
The following uses and activities are prohibited in the Flood Fringe/Flood Prone Areas:
a. The development, use, fill, construction, substantial improvement or alteration on
or above any portion of the Flood Fringe or Flood Prone Areas which alone, or
cumulatively with other activities, would cause or result in the danger of
substantial solid debris being carried downstream by floodwaters;
b. The storage or processing of materials that in times of flooding are buoyant,
flammable, explosive or otherwise potentially injurious to human, animal or plant
life;
c. The disposal of garbage or other solid waste materials; and
d. Any obstruction, which would adversely affect the efficiency of or restrict the
flow capacity of a designated floodplain so as to cause foreseeable damage to
others.
k) The access road serving Lots 1 - 4 shall have a minimum unobstructed width of 20 feet, a
vertical clearance of 13' 6 "shall be required, and the road shall be of a design capable of
supporting the imposed load of the emergency apparatus and shall be of an all- weather
design.
1) Defensible space should be created around all structures built on Lots 1 - 4 to prevent the
spread of wildfire to the structures.
m) All Individual Sewage Disposal Systems proposed for Lots 2 — 4 shall be located in the
respective ISDS enveloped as delineated on this final plat and shall be engineered by a
Professional Registered Engineer within the State of Colorado in accordance to the
Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado State
Board of Health.
n) Due to the construction of buildings within the flood plain an alternative ISDS design
such as a moundable sand filter system will be required to elevate the leeching area above
the ground water elevation, flood water elevation, and be prepared in accordance to the
Guidelines on Individual Sewage Disposal Systems as adopted by the Colorado State
Board of Health. Dosing pumps shall be integrated into each design to ensure that
wastewater can be pumped up to the proposed absorption area.
o) No development may occur in nor affect the delineated wetlands as shown on the final
plat unless otherwise approved by the Army Corps of Engineers.
Liston
Page 2
This office will prepare two resolutions for the Board to sign in the next few weeks. As you are
aware, neither the exemption plat nor the Flood Plain Special Use Permit will be signed or issued
until all of the conditions have been met. The Applicant has 120 days from the Board's approval to
satisfy the conditions of approval and submit a final plat to the Board for their signature.
Please do not hesitate to contact this office in the event you have any questions.
Very truly yours,
red A. Jarman, AICP, Senior Planner
970.945.8212