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HomeMy WebLinkAbout3.0 Director's Determination 12.04.2012BUILDING & PLANNING DEPARTMENT December 4, 2012 George Bagley 6044 County Road 233 Silt, CO 81652 Kbagley73@gmail_com Kelly Cave Kerst & Associates 823 Blake Ave. Glenwood Springs, CO 81601 DIRECTOR DETERMINATION Dutch Major Request for a Minor Subdivision Exemption (File No. MAEA-6931) Bagley Accessory Dwelling Unit, Administrative Land Use Change Permit (File No. GAPA-7397) Dear Mr. Bagley and Ms.Cave: This letter is provided to you as the applicant and applicant's representative for the Dutch Major Subdivision Exemption and Bagley Accessory Dwelling Unit (ADU) Applications. The request is for a four lot subdivision exemption of a 52 acre parcel and approval of an ADU on proposed Lot 1. The site is located at 6044 County Road 233 and 1211 County Road 229. It is also known as Assessor's Parcel No. 2179-051-00-040. DUTCH MAJOR SUBDIVISION EXEMPTION A Director Determination is hereby issued approving the Application for the Dutch Major Subdivision Exemption subject to the following conditions: 1. That all representations contained in the Application submittals 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 or amend the existing text to conform to following: a. Control of noxious weeds is the responsibility of the property owner. 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • Fax: (970) 384-3470 b. No new open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined 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 burning stoves and appliances. c. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision exemption, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d. 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. 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, 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. f. 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 contrasts with background color. g. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. h. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. i. "The mineral rights associated with this property may not have been 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). " 1. A site specific soils and foundation analysis shall be required for new construction. Compliance with the recommendations of said analysis shall be required. k. All new home construction shall require installation of fire suppression sprinkler systems unless alternate fire protection measures are approved by the Colorado Fire and Rescue District. I. Well permits for Lots 1, 3 and 4 require maintaining contracts with the West Divide Water Conservancy District and payment of all applicable annual fees and expenses. m. Traffic Impact Fees for Lots 2 and 3 shall be calculated and paid to the County at the time of Building permit issuance for said lots. n. Driveway access permits are required for Lots 2 and 3 and compliance with any conditions of the permits is required. 3. Site specific soils analysis shall be completed prior to issuance of building permits within the Subdivision Exemption. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis. A plat note containing this requirement shall be added to the Exemption Plat. 4. Approval of the proposed Exemption Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit a blueline of the proposed plat based on the above review with all corrections required by the County Staff. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for their signature. 5. Prior to the execution and recording of the Exemption Plat the Applicant shall provide a pump test and water quality test for the Lot 1 well as required by the ULUR meeting the standards contained in Section 4-203 (M)(2)(f). In addition the applicant shall provide evidence that water quality testing results provided with the Application submittals for the domestic well located on Lot 2 and the shared well serving Lots 3 and 4 meet the ULUR standards contained in Section 4-203(M)(2)(f)(2) for water quality. 6. The Applicants have represented that utility service exists to Lots 1, 2, and 4 and a proposed Access and Utility Easement is provided for Lot 3. Prior to execution and recording of the Exemption Plat the Applicant shall provide a Subdivision Improvements Agreement to ensure that utility service to Lot 3 along with an adequate driveway 14 ft. in width is constructed. In lieu of said agreement the Applicant may choose to install and construct the improvements prior to execution of the Exemption Plat. 7. Driveway Access Permits shall be obtained from the County Road and Bridge Department for Lot 3 and Lot 2, prior to execution of the Exemption Plat. Demonstration of compliance with all conditions of said permits shall be required prior to issuance of any building permits on said lots. A plat note addressing this condition shall be included on the Exemption Plat. 8. Traffic impact fees for the Lots 2 and 3 shall be calculated and collected prior to issuance of building permits on said lots. A plat note to that effect shall be included on the Exemption Plat. 9. The Applicant shall pay School Land Dedication fees to the RE -1 School District in accordance with the provisions of the ULUR for the creation of two new vacant lots. This fee shall be paid prior to the execution and recording of the Exemption Plat. 10. Prior to execution and recording of the exemption plat the well sharing agreement for Lots 3 and 4 shall be finalized, approved by the County Attorney's Office and executed by the Applicants. The agreement shall be recorded concurrently with the Exemption Plat. 11. The Applicant shall maintain compliance with and keep in force contracts with the West Divide Water Conservation District for well permits serving Lots 1, 3, and 4 in accordance with the Division of Water Resources and well permit requirements. 12. Prior to the execution and recording of the Exemption Plat, the Applicants shall convey adequate irrigation water rights to each lot to provide for outside irrigation commensurate with each lot's size and irrigation demands. 13. Septic systems for the proposed lots shall comply with the County's Individual Sewage Disposal Regulations and shall maintain all required setbacks from existing and proposed wells on the property. 14. The Applicant's shall comply with the requirements of the Colorado Fire and Rescue District for installation of fire suppression sprinkler systems in all new homes unless alternate fire protection measures are approved by the District. New driveways shall be constructed to provide an all weather driving surface, support the weight of fire apparatus, and provide a fire truck turnaround meeting the District's standards if the access road is longer than 150 ft. from the County road. 4 BAGLEY ACCESSORY DWELLING UNIT A Director Determination is hereby issued approving the Application for the Bagley Accessory Dwelling Unit, subject to the following conditions: 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director. 2. The ADU shall maintain compliance with the standards contained in Section 7-1302 of the ULUR applicable to Accessory Dwelling Units. 3. The Applicant shall comply with the conditions of approval and representations contained in the Dutch Major Subdivision Exemption request considered concurrently with the ADU Application. 4. The Applicant shall provide evidence demonstrating to the satisfaction of the Building and Planning Department that the existing septic system or systems on Lot 1 are adequate to serve the two units. These Determinations will be forwarded to the Board of County Commissioners for a period of 10 days so that they may determine whether or not to call up the applications for further review. Once this time period has passed with no request for review or public hearing, and provided all relevant conditions of approval have been resolved, a mylar may be submitted to the Board of County Commissioners for signature and subsequent recording of the Dutch Major Subdivision Exemption Plat and all related documents. The Bagley Land Use Change Permit can also be issued at that time provided all conditions of approval have been met. Please contact this department if you have any questions. Sincerely, Fred A. Jarman, AICP Director of Building and PIing CC: Board of County Commissioners Cary Gagnon, Assistant County Attorney