HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PE'T'I'T'ION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersigned
=;;"2ie- 12, J,et- $1 1— respectfully petitions
the Board of County Commissioners of Garfield County, Colorado to exempt by Resolu}iayn
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the division of 7 acre tract of land into — tracts of approximately _
' 2 1 acres each, more or less, from the definitions of "subdivision' and
"subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a)
- (d) and the Garfield County Subdivision Regulations for the reasons stated below:
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SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1"=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access
to a public right-of-way, and any proposed easements for drainage, irrigation,
access or utilities;
B. Vicinity map at a minimum scale of 1"=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
D. _ Names and addresses of owners of record of land inunediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees of mineral
owners of record of the property to be exempted, and tenants of any structure
proposed for conversion; and
E. Evidence of the soil types and characteristics of each type; and
t�( F. Proof of legal and adequate source of domestic water for each lot created,
{/\method of sewage disposal, and letter of approval of fire protection plan from
�,�C�1 appropriate fire district; and
C G. If connection to a community of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on January 1, 1973
or the parcel as it exists presently is one of not more than three parcels created
,from arger parcel as it existed on January 1, 1973.
J. ' A $300.0 ee must be submitted with the application.
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Petitioner �
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Mailing Address
City / State
Telephone Number
• •
EXEMPTION
APPLICABILITY
The Board of County Conunissioners has the discretionary power to exempt a division of land
from the definition of subdivision and thereby from the procedure in these Regulations,
provided the Board determines that such exemption will not impair or defeat the stated purpose
of the Subdivision Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of these regulations.
Following a review of the individual facts of each application in light of the requirements of
these Regulations, the Board may approve, conditionally approve or deny an exemption. An
application for exemption must satisfy, at a minimum, all of the review criteria listed below.
Compliance with the review criteria, however, does not ensure exemption. The Board also may
consider additional factors listed in Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County
Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded
subdivision; however, any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or natural feature,
preventing joint use of the proposed tracts, and the division occurs along the public
right-of-way or natural feature, such parcels thereby created may, at the discretion of
the Board, not be considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
E. All state and local environmental health and safety requirements have been met or are
in the process of being met; and
F. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
H. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Department of DevelopmenUPlanning Division. Two (2) copies of the
application maps and supplemental information shall be submitted.
• •
B. The Planning Division shall review the exemption request for completeness within eight
(8) days of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shall be mailed at
least fifteen (15) and not more than thirty (3)) days prior to the meeting. The applicant
shall be responsible for mailing the notices and shall present proof of mailing at the
meeting.
D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
• •
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January 6, 1995
Bucky Arbaney
2585 Midland Avenue
Glenwood Springs, CO 81601
Subject: Utility service to 2585 Midland Avenue
Dear Bucky:
GARFIELD cowry
It is my understanding that you intend to build two additional
single family dwelling units on the property at 2585 Midland
Avenue. As a part of the process, utility service availability
must be documented.
The City of Glenwood Springs has the capacity to serve the
proposed development with water and sewer service.
As you are aware, in May, 1994, the City of Glenwood Springs, in
anticipation of future development, installed a 11/2" tap on the
12" main in Midland Avenue, then manifolded that into two 1"
services. The tap fee of $1,214.67, is due prior to any
connection being made. Water system improvement fees of
$2,625.00 per EQR will also be collected. At a minimum, per
section 080.040.030(C)1(e) of the Municipal Code, a preannexation
agreement must be entered into prior to r•ec_eiving water service.
The City recognizes the agreement entered into in February, 1982,
with William F. Brown, Jr., regarding the sewer service over what
is now Cottonwood Landing. I believe a 8" PVC line was installed
under Midland Avenue in 1994. This private service was intended
to serve future development on your parcel. The tap fee and
system improvement fees for this service were paid on October 8,
1993. System improvement fees of $1,575.00 per EQR will be
collectable prior to the City actually collection wastewater
flows from the proposed new units.
We look forward to working with you as this project proceeds.
Ve,yr,1y yours,
Michael Cojip
City Manager
XC: Robin Milllyard, Public Works Director
Buddy Burns, Water/wastewater Superintendent
Yvette Custad, Finance Department
806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 303/945-2575 FAX: 945-2597
• •
Nicholas Lampiris, Ph.[).
CONSULTING GEOLOGIST
P1lBOX 2
SILT, COLORADO 81652
(303) 876-5400 (24 HOURS)
Bucky Arbancv
2585 MidlanC Avenue
Glenwood Sprinds, CO 81601
GAF* rk.LO COUNTY
RE: Hazard Evaluation, New Site, 2585 Midland Avenue
Dear Mr, Arbaney:
I visited the above referenced property recently for purposes of
a geologic hazard re-evaluation, especially as it pertains to
rock fall and debris flow potential, of the second home site near
the front of your property, to the east of the present home,
where a new home is contemplated. As you know both of these
hazards are fairly common in this part of the Roaring Fork
Valley. Landslide is also a potential hazard to the south but
does not affect this site.
My general findings are still th8t the hazards are indeed present
within the property but rocks will not reach the new site, well
away from the base of the hillside. Also, rock fall is directed
to either side of the lot due to the cone-shaped topography above
the site. Debris flows, in their waning stages, may reach the
new site.
Most interesting was the noting of a large boulder of red
sandstone, lying about forty feet south of the present home,
which stopped well above the new site, and to the south of it.
On either side of the lot are remnants of debris flows which
stopped on this gentler portion of the hillside where the
improvements lie.
The steep hillsidu above thc pr/per•Ly at lea�t
The landslide I ncted is uell soth of the property and cannot
affcct With rcspcct to the debris avalanche hazard, I do
not see evidence above the property for any great thickness of
material becoming involved. The topography is also somewhat
favorable in that a shoulder on the hillside will cause most
material to flow north and south of this property. The site
chosen is a good one and only needs to be kept as high above
finished grade as feasible with landscaping at the rear of: the
home designed to direct whatever flow material approaches the
site around it.
• •
The tract is gently sloping toward the east, and the County Road
is just east of the property. Even though the soils of this
property are suitable for development, a soils engineering study
should be performed for proper foundation design. Generally, the
home will be on colluvjum derived from the Pennsylvanian -Permian
age Maroon Formation outcropping on the steep hill side to the
west.
Water and waste disposal will be municipally available, and
access to the site will be from the present easement. The home
should be designed to prevent the accumulation of radon gas as
this is becoming standard practice in the State. Soils
investigation for purposes of proper foundation design should
precede construction. If there are further questions, please
contact me.
Sin cp('
Nicholas Lampiris
Consulting Geologist
. • Book342
filed for record the 11 day of June • A. D.19. at_! ; Page 375
�-
Reception N722
-RECORDER
Into
eeb, Made this
11th
day of June in the year of our Lord
one thousand nine hundred and Sixty-two between
EVA L. DONEGAN and ALVIN C. DONEGAN
of the County of Garfield and State of Colorado, of the first part, and
EMERY E. ARBANEY and BEULAH M. ARBANEY
of the County of Garfield
and State of Colorado, of the second part;
Witnesseth, That the said parties of the first part, for and in consideration of the sum of
Ten Dollars, and other good and valuable consideration,
to the said part ie s of the first part in hand paid by the said parties of the second part, the receipt whereof
hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in
joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following
described lot or parcel of land, situate, lying and being in the County of Garfield and State
of Colorado, to -wit:
All that part of SW4SE4 of Section 16, Tp. 6 S., R. 89 W. of the 6th P.M.,
lying Westerly of the County Road as constructed, (the former Colorado Midland
Railroad right of way), Northerly of the Southerly line of said Section 16, and
Easterly of the Westerly line of said SW4SE4, described as follows: Beginning
;,at the intersection of the Southerly line of said Section 16 with the Westerly line
of said road, whence the SE corner of said Section 16 bears N. 89°45' E.,
1980.72 feet; thence S. 89°45' W. 623.82 feet, along the Southerly line of said
gSection 16 to the SW corner of said SW4SE4; thence N. 1°31' E. 210.0 feet along
the Westerly line of said SW4SE4; thence N. 89°45' E. 592.07 feet
int
on the Westerly line of said road; and thence S. 7°07' E. 211.42 feet alongtheWesterly line of said road to a point on the Southerly line of said Section 16,
the point of beginning, and containing 2.93 acres, more or less.
Together with an easement for a water pipeline from the southeasterly cor-
ner of said tract above described, along the southerly ten feet of the property of
the Grantors adjoining the above described tract on the east, to the Roaring Fork
River, with the right of ingress and egress for maintenance of said pipeline with-
out liability for surface damage.
Together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper-
taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the
estate, right, title, interest, claim and demand whatsoever of the said parties of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said
parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor forever.
And the said parties of the first part, for thernelvet'P7elir
s, ie rs, executors, and administrators, do
covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their as a ns
and the heirs and assigns of such survivor, that at the time of the ensealingand delivery
well seized of the premises above conveyed, as of good, sure, perfect, absolte and indefeasible ble estaof these teeof inheritance,
in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey
the same in manner and form aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever, except taxes
for the year 1962, which the grantees assume and agree to pay;
and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the
survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons
lawfully claiming or to claim the whole or any part thereof, the said paid: ieS of the first part shall and will
WARRANT AND FOREVER DEFEND.
In Witness Whereof, The said parties of the first part have hereunto set their
and seals the day and year first above written. hand S
Ilfft
I:J o
'11 tl
STATE OF COIORADO
County of Garfield t ss'
J The foregoing instrument was acknowl-
edged before me this /I it day of June , 19 62
*by EVA. .L.,...D.ONEGAN..and.ALVIN..C....DQNEG.AN..
Witness my hand and official seal.
My commission expires March ..1,9.,...1964
Public
*If acting in official or representative capacity, insert name and also office or capacity and foorrry whom acting.
500-I1-P—Revised WARRANTY DEED TO JOINT TENANTS Out West Printing and Stationery Co., Colorado Springs, Colo.
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1 hereby r ert ty that this tnstrurn nt was fled for
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Together with all improvements situate thereon and all ditch and
water rights appurtenent thereto and used in connection therewith.
•
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KNOW ALL M( N fly t Jif r; 0.4 -,,•
MAJOR P. LETEY and KULA!! M. L:TEY,
First Party
23144 Bennett. Avenue
P.C. Box or Street Adrfrr>ss
Glenwood Snrinps_ n 21601
City Stato
for and in consideration of ten dollars any! •v;r .
to
1
RLCORUFP
•MAY 7 1976
• X hVshand anC wile
L; single person
Li a Colorado Corporation
LI a Partnership
n a Limited Partnership
.. in n, In hand paid, hereby sells and quitclaims
ELMER ARBANEY •'Xlndtviduany
Second Party ❑joint tenancy
8611 - 117 Road 0 tenancy in common
P.O. Box or Street Address
0 a Coicrado Corporation
Glenwood springs. CO 81601 0 a Partnership
City State Ili' 0 a Limited Partnership
the following described property in the County of Gar fiald and State of Colorado
All that part of the SW4SE4 of Section 16, T. 6 S., R.'89 W.,
of the 6th P.M., lying Westerly of the County Road as constructed
(the former Colorado Midland Railroad right of way), Northerly
of the Southerly line of said Section 16, and Easterly of the
Westerly line of said SW4SE4, described as follows:
Beginning at the intersection of the Southerly line of
said Section 16, with the Westerly line of said road,
whence the SE corner of said Section 16 bears N. 89°45'
E., 1980.72 feet; thence S. 89°45' W., 623.82 feet along
the Southerly line of said Section 16 to the SW corner
of said SW4SE4; thence N. 1° 31' E. 210.0 feet along the
Westerly line of said SW4SE4 thence N. 89°45' E. 592.07
feet to a point on the Westerly line of said road; thence
S. 7°07''E. 211.42 feet along the Westerly line of said
road to a point on the Southerly line of said Section
16, the point of beginning, and containing 2.93 acres,
more or less. (Continued on back)
with all its appurtenences.
SIGNED this 26 th diy of May A fl I'? 76
STATE OF COLORADO
COUNTY OF GARFIELD ss.
Majt;r P. Letey - husband
•-
Beulah M. Letey - wife
T149.411Y6t t54esg,instrument was acknowledged before me this 26 t•h d iy of _may
19.244.0 . Letey and Beulah M. Letey, husband and wife.
: Mibi ss/m �1iinti and official seal.
iVl rt
pm't i rfexpires October 28, 1978.
r .
r ti
NOTE:
• Mark appI,ahle square wrth .
Singular shah includf plural as tnnt..t rnnrnres.
Notary Public
Pt *r.r 7,••••••, r11".: C,r,rt TO, r r rn, rP