HomeMy WebLinkAbout1.0 ApplicationPursusant
amended, and the
adopted April
Van Devander
of County Commissioners
Resolution the division
approximately 2 & 2.37 acres each, more or less, from the definitions of
"subdivision" and subdivided land" as the
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
to C.R.S. (1973) Section 30-28-101 (10)
(a) - (d) as
Subdivision Regulations of Garfield County, Colorado,
23, 1984 Section 2:20.49, the undersigned D.C. and Mary Jo
respectfully petitions the Board
of Garfield County, Colorado, to exempt by
of 4.37 acre tract of land into
2 tracts of
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:
___1de.m,shi to give our daughter, Nancy Van Devander, a tract of land upon which to
___build a home.
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 topublic
a
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 immediately
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
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 appropriate fire district; and
G. If connection to a community or 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 a larger parcel as it
existed on January 1, 1973.
J. A $100.00 fee must be submitted with the application.
PPi,tioner
P.O. Box 121 l
Mailing Adress
Glenwood Springs, Colorado 81202
City
945-8368
Telephone Number
State
4
• •
EXEMPTION
APPLICABILITY
The Board of County Commissioners 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 additonal 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 pact 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.
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 Development/Planning
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.
�f.
• •
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. A11 notices shall be mailed at least fifteen (15) and not
more than thirty (30) 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.
1111 4111
Glenwood Springs Rural Fire Protection District
0090 Mel -Rey Road
Glenwood Springs, CO 81601
9-2-87
Nancy '•)anDevander
P.O. Box 184
Glenwood Springs, Co, 81602
Dear Mr=_.. "Ya.nDevander
This letter is in regards to your proposal to divide your property
in the Cheylr Acres subdivision up 117 road in Glenwood Springs. This
property is in the boundries of the Glenwood Springs Rural Fire
Protection District, and fire protection would continue as it is now.
One comment we have is concerning the water supply in the area for
firefighting. 14e ask that if in the future this land is to be
developed, our Department be contacted prior to any construction so
that we may review the water supply situation.
If you have any questions, please feel,free to call this office.
---interely
Jac J.es, Ass Chief
G1e 'ood springs Rural Fire Protection District
IN THE DISTRICT COURT IN AND FOR
WATEiti DI V1 S1 ON N O. 5
S'L'ATE OF COLORADO
CASE NO. W- 1092
IlJ THE MATTER OF THE )
APPLICATION FOR )
WATER RIGHTS OF V. C. VAN )
DEVANDER & MARY JO VAN DEVXNDER
IN THE ROARING FORK
RIVER OR ITS TRIBUTARIES ) ABSOLUTE DECREE FOR
) UNDER GROUND WATER RIGHTS
TRIBUTARY INVOLVED: )
FOUR MILE CREEK )
IN GARFIELD COUNTY )
And the Referee having made the investigations required
by Article 21 of Chapter 148, C.R.S. 1963, as amended does hereby
make the following ruling, to wit:
This application was referred to the Water Referee of
Water Division No. 5 on the 12th .day of ''uly , 1972.
1. Name of Applicant D. C. Van Devander & Mary Jo Van Devander
Address P.O. BOX 121
Glenwood Springs, Colorado
2. The name of the structure is Van Devander Domestic Well.
3. The Legal .description of the structure is : the well is located
in the SE4NW'k of Section 3, T. 7 S., R. 89 W. of the 6th
P.M. at a point whence the Northwest Corner of said
Section 3 bears N. 69° 15' W. 1502.28 feet.
4. The depth of the well is 130 feet.
5. The date of initiation of appropriation is September 22, 1967.
6. The amount of water claimed is 0.1 cubic foot per second
of time.
7. The use of the water is domestic
8. The State Engineer's number is 32269.
9. The Priority date is September 22, 1967.
10. The date of the. application was
It is the ruling of the Referee that the statements in the
application are true and that the above described water right is
approved and granted the indicated priority; subject, however, to
all earlier priority rights of others.
It is accordingly ordered that this ruling shall become
effective upon filing with the Water Clerk, subject to Judicial review
as provided by .law.
F 1 I_ D
ar1 . . r t ..... .
•
i'..,. ..
E7TE. OF
RULING OF THE REFEREE
Done -at the City of Glenwood Springs, Colorado this
/7 day of A.o.,.4-,1)- -- s 197 -2-:-
Ar
Wtr6cr he:c. o&'
,/itcr Division No. 5
.!;tate of Colorado
• •
6/85
12—Arle-Ansari-Rock outcrop, complex, 12 to 50 percent slopes. This
map unit is on mountain and valley side slopes. Elevation is 6,000 to 8,200
feet. The average annual precipitation is 16 to 18 inches, the average
annual air temperature is 42 to 45 degrees F, and the average frost -free
period is 80 to 100 days. The native vegetation is mainly woody shrubs,
grasses, and forbs.
This unit is 40 percent Arle very stony loam, 30 percent Ansari loam,
and 20 percent Rock outcrop. The components of this unit are so intricately
intermingled that it was not practical to map them separately at the scale
used.
Included in this unit are small areas of Morval soils in valley fill
areas. Also included are small areas of soils that are similar to Morval
soils but have a higher content of clay. Included areas make up about 10
percent of the total acreage.
The Arle soil is moderately deep and well drained. It formed in
residuum derived dominantly from redbed sandstone and shale. Typically, the
surface is covered with 20 to 40 percent flagstones and channery fragments.
The surface layer is reddish brown very stony loam about 10 inches thick.
The subsoil is very stony loam about 8 inches thick. The substratum to a
depth of 30 inches is very stony loam. Depth to bedrock ranges from 20 to
40 inches. The soil is mildly alkaline to a depth of 10 inches and
moderately alkaline below that depth. A thin layer of partially decomposed
needles, twigs, and leaves is on the surface in many places.
• •
Permeability of the Arle soil is moderate. Available water capacity is
very low. Effective rooting depth is 20 to 40 inches. Runoff is medium,
and the hazard of water erosion is high to very high.
The Ansari soil is shallow and well drained. It formed in residuum
derived dominantly from redbed sandstone and shale. The surface layer is
reddish brown loam about 8 inches thick. The upper 6 inches of the
underlying material is loam. Hard calcareous sandstone is at a depth of 14
inches. Depth to bedrock ranges from 10 to 20 inches. The soil is
moderately alkaline and calcareous throughout the profile. A thin layer of
partially decomposed needles, twigs, and leaves is on the surface in many
places.
Permeability of the Ansari soil is moderate. Available water capacity
is very low. Effective rooting depth is 10 to 20 inches. Runoff is rapid,
:Ind the 11:1 :11,1 i,( w:it rr i•1 u:l1 fl1
i1, very high.
Rock outcrop consist of nearly barren exposures of sandstone.
This unit is used mainly for rangeland. It is also used for wildlife
habitat and homesite development.
The potential plant community on this unit is mainly western
wheatgrass, Indian ricegrass, Ross sedge, true mountainmahogany, antelope
bitterbrush, and mountain big sagebrush. Bottlebrush squirreltail, Utah
serviceberry, and scattered pinyon pine, Utah juniper, and Gambel oak
commonly are also present in the potential plant community. The average
annual production of air-dry vegetation is about 900 pounds per acre on the
Arle soil and about 700 pounds per acre on the Ansari soil. If the range
condition deteriorates, mountain big sagebrush, rubber rabbitbrush,
needleandthread, and annual weeds increase.
9q
/2
Management pr ices suitable for use on t •
his unit are proper grazing
use and a planned grazing system. The suitability of this soil for
rangeland seeding is poor. The main limitations for seeding are steepness
of slope, stones on the surface, and rock outcrop. Brush management
improves deteriorated areas of range that are producing more woody shrubs
than were present in the potential plant community.
Slope limits access by livestock and results in overgrazing of the less
sloping areas. Loss of the surface layer results in a severe decrease in
productivity and in the potential of the soil to produce plants suitable for
grazing.
If this unit is used for homesite development, the main limitations are
steepness of slope and depth to bedrock. Cuts needed to provide essentially
level building sites can expose bedrock. Erosion is a hazard in the steeper
areas. Only the part of the site that is used for construction should be
disturbed.
This map unit is in capability subclass VIIe, nonirrigated. It is in
Loamy Slopes range site.
/Da
• •
4/86
50--Goslin fine sandy loam, 6 to 25 percent slopes. This deep, well
drained soil is on toe slopes, fans, and terraces. It formed in alluvium
and colluvium derived dominantly from redbed sandstone and shale. Elevation
is 6,200 to 7,500 feet. The average annual precipitation is 12 to 14
inches, the average annual air temperature is 42 to 46 degrees F, and the
average frost -free period is 85 to 105 days.
The surface layer is reddish brown fine sandy loam 5 inches thick. The
underlying material to a depth of 60 inches is fine sandy loam. The soil is
calcareous throughout the profile.
Included in this unit are small areas of Almy soils, similar soils
which are stratified, and similar soils which have a stony surface layer.
Included areas make up about 15 percent of the total acreage.
Permeability of the Goslin soil is moderately rapid. Available water
capacity is moderate. Effective rooting depth is 60 inches or more. Runoff
is medium, and the hazard of water erosion is moderate.
This unit is used for livestock grazing, urban development, and hay and
pasture.
The potential plant community on this unit is mainly western
wheatgrass, Indian ricegrass, bottlebrush squirreltail, big sagebrush, and
winterfat. Bluebunch wheatgrass, needleandthread, and Douglas rabbitbrush
are also present in the potential plant community. The average annual
production of air-dry vegetation is about 800 pounds per acre. If the range
condition deteriorates, big sagebrush, rubber rabbitbrush, and cheatgrass
increase.
i �s
So - ••
This unit responds well to range seeding and to proper grazing use.
Areas where brush is managed by prescribed burning or by chemical or
mechanical methods may be subject to a greater hazard of erosion. This unit
is limited for livestock watering ponds and other water impoundments because
of the seepage potential.
This unit is suited to hay and pasture. The main limitations are steep
slopes and the hazard of erosion. Seedbed preparation should be on the
contour or across the slope where practical. Limiting tillage for seedbed
preparation and weed control reduces runoff erosion. Sprinkler irrigation
should be used for seedling establishment. If properly managed, this unit
can produce 3 tons of irrigated grass hay per acre.
If this unit is used for homesite or urban development, the main
limitation is slope in the steeper areas. The steepness of slope is a
concern in installing septic tank absorption fields. Absorption lines
should be installed on the contour. Access roads must be designed to
control surface runoff and help stabilize cut slopes.
This map unit is in capability subclasses VIe, irrigated, and VIe
nonirrigated. It is in the Rolling Loam range site.
/80
• •
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day Of fL'LRvwr y in the year Of our Lord
,-
en Richard Vernon Stockman.-,
w■ ""lu`sy os Lta tS i e ld a r ° id State of Colorado, of the first art, and
<, P D. C. Vandevander
•�� � , rpf� e o; of y r ,.; r' Q'/
�I "' �• h ` it " .a'` iu:'�-and Mary Jo Vandevander
•' �J/L
of the County of Garfield and State of Colorado, of the second part; 1 j 1
:: .i
.
WItnessetb, That the said party of the Ant part, for and in consideration of the num of -
•esu 'dol_'tars and curies % r..,, corsideratior•
to the said party of the first Part in band paid by the said parties of the second part, the receipt whereof is
^-hereby confessed and acknowledged, ha et + ' remised, released, sold and quit -claimed, and by these presents do
1, remise, release, sell and quit -claim, unto the said parties of the second part, not in tenancy in common but in jointtenancy, the survivor of them, their assigns and the heirs and assigns of such survivors forever, all the following
j described lot or parcel of land, situate, lying and being in the County of Garfield and
State of Colorado, to -wit:
A parcel-of.land situate in the W of Section 3, Township'7:South, Range 69,West,
: 6th, P.M., more particularly described as follows: •
Commencing at the W 1/16 Section Corner common to Section 34, Tp. 6 S., and
";Section 3, Tp. 7 S., R. 89 W., 6th P.M.; thence S., 09° 43' 29" W. a distance of
.J150.74 feet to the Southwest corner of said parcel of land and the true- point
of beginning; thence due East a distance of 436.61 feet to the Southeast corner;
'.•thence on a curve to the left and to the Northeast, with a central angle of,lt;°
081-50",a radius of 573.54 feet, an arc length of 161.x,4 feet, N. 160:40' 45"1....4
11._a distance of 161.10 feet; thence N. 08° 36' 20" E. a distance of 235.96 -•feet, on
`the long chord; thence S. 810 23' 40" E. a distance of 10.00 feet; thence on a
,, curve to the left and to the Northeast with a central angle of 050 07' 20" a
radius of 497.22 fect,.an arc length of 44.45 feet, N. 060 02' 40" E. a.distance
of 44.44 feet on the long chord; thence due West a distance of 520.62 feet'; thence
on a curve to the left and to the Southeast with a central angle of 190 211 45"
a radius of 148.02 feet, an arc length of 50.00 feet S. 170 06' 50" E. a distance
of 49.76 feet on the long chord; thence S. 2b° 49' 30" E. a distance of 46.11
feet; thence on a curve to the right with a central angle of 580 .:ii' 10", a radiu4
of 278.45 feet, an arc length of 265.77 feet, S. 02o 34' 35" W. a distance of
273.40 feet on the long chord; thence on a curve to th1- left with a central angl.. '•
of 090'24' 05",' a radius of 470.14 fret, an arc length of 77.15 feet. S.-279 ir•1
40" W. a distance of 76.90 fret on the long chord to the Southwest corner of
said parcel of land and the true point of beginning.
• fo Hare and to Hold the same, together wish all and singular the appurtenances and privileges tr,ereunto
belonging or in anywise thereunto .",pertaining, and all the estate. right, title, interest and claire whatsoever of ,re
saw part y of the first 1...rt. eaher in law or equity, to the only proper use, benefit and behouf of the sa>" parties
of the second part, the survivors of them, their assigns will the heirs and a.n:gns of said survivors for.••.,•r.'
1n Witness Whereof, The said part v of the 'Int part :.., her1untu set .;i c i:and r,r+.i :-.,'
the day and year first above written
Signed, Sealed and i)elnere•l :n the Presence of ..
• ki,_h ,• d ` or'l:;n St0, iiir,all
(..+.*ti of GARFIELI) l'ss
I, E.L`1A C, BLAti(:
Carl field Notary 1'ubli. n n:1.i Lr
(r)urlt 1n the ti sa. i..in :.,S'. r Glia :Yore , •reb: t',•:U:' th..dii( l:.!:a VERNON:'leis{�;; 'sriel r;." AN
wh, is 1.ersun:111)• 1..Now r, t.. roe t. a• tl:v perdu wl .•
eytscribed to the foregoing l'.ed. a;.p»eared hefon me t!:in day :n p•rs..n, ..1'
0;.3:41. az•l' dCltvenrd the P1, ?! , :,tr,rr:nnt of writing ;i_9 is -s fr.v- an.l ...t.•.ta:. Het. f..r the tr ., .•t,.i :y .,p
i—tierrtn tut forth.
' t;i!en under my he —r am! notar iit ls,.-.;, this 3kn,p of 1 1 brl•:.t ti
:, hie commission expires ;11 l}' ' ` .:••,1 . 1...1 7 ,{ -
2-nrrn,�.
.11'tt •1...14 1.,11• r.. :t.1 .7 .1 ....• N«.. !'... 1..
•
•
ef February is the year et our tend
171.7! u•"Citi"aTht^.
►OmmemiKaihrynitockman FEB 1:71S
asM goMS se Celerede, arse* Ana part. sod D. C. , Vandev er
and Mary ,Jo Vandevander-
of stet 0oousty d Garfield ^: and State d Csierado, et the .mesad part;
Whet esstk, ,That the said Pert y - et the Ant part, for and la essaideestiaa of the si a of
Tea°'dollars a4 :other y¢luabl,e o9a sidoation-
to the laid pert y of the ant Part is hand peal by the said parties of the woad part, the receipt whereof is
hereby coarsened Sad aehaowledged, ha s ' remteed. niassnd, sold and quit -claimed. Sad bs time Prsesats do
remiss, release, sell and gadireleira„ sato the said parties of the second part, sot in tummy is ammoe bat la joint
'tummy, the survivor of thane, their amigos and the heirs sod sodium of moth marvivess former, all the fellowii g
' &scribed lot or parcel of land. dtsats, lying and Wag is the Comity of Garfield and
Sods sl Colorads, tau*:
♦ parcel of land situate in the W of Section 3, Township 7 South, Range 89 West,
6 P.M., more particularly described as follows:
`Commencing -at the W 1/16 Section Corner cannon. to Section 34, Tp. 6 S.,.
and Section 3,-Tp.,7,S., R. 89 W., 6th P.M.; thence S. 090.43' 29" W. a distance
of ..650.74 feet: to .the Southwest corner of .said parcel of land and that. true. point" p
of beginning; thence due East a distance of 436.61 fest to the Southeast corner;
thence of a curve to the left and to the Northeast, with a central angle of 160
081 50", a radius of 573.54 feet, an arc length of 161.64 feet, N. 160 40' 45" E.
a distance of.161.10 feet; thence N. 08° 36' 20" E. a distance of 235.96 feet, on'
the long:chord; theme S. 81° 23' 40" E. a distance of 10.00 feet; thence on a
;curve^to"the left and to the Northeast with a central angle of 05° 07c-20" a
`radius of 497.22 feet, an arc length, of 44.45 feet, N. 060 02' 40" E. a distance
of 44.44 feet on the long chord; thence due West a distance of 520.62 feet;
,'•'thence on a curve to the left and to the Southeast with a central angle of 190
21' 45", a radius of 148.02 feet, an arc length of 50.01 feet S. 170 08' 50" E. at
distance of 49.76 feet on the long chord; thence S. 260 49' 30" E. a distance of
46.11 feet;. thence on a curve to the right with a central angle of 58° 48' 10",
.a radius of 278.45 feet, an arc length of 285.77 feet, S. 020 34' 35" 41. a dis-
tance of 273.40 feet on the long chord; thence on a curve to the left with a
central angle of 09° 24' 05", a radius of 470.14 feet, an arc length of 77.15 fee,
S. 270.16' 40" W. a distance of 76,90 felt on the long chord to the Southwest
` corner, _of said parcel of land and the true point of beginning.,
(Actual consideration less -than 1100.00; deed eXecuted to release homestead.)
•
To San Sad to SSW the Sane. Together with all and nisch, the apparte tw ees and privileges thereunto
a .
battering ring or in aaywias thsrwnto appertaining, and all the estate, richt. title, intereet and daim whatsoever of the
said part y of the est part, either in law or equity, to the only proper nae, benefit and behoof of the maid parties
`; T, of the second part, the survivors of them, their aasigps and the heirs and assigns of said survivors forever.
the d and Witness
8rrteaboveTh. said
part y of the dust part has hereunto wt he;_ band and seal
Signed, Sealed and Delivered in the Presence of { ►
t _.._...._ ....._.... _ ....�...__.._. ( )
Kathryn Stockman
' . STATS OF COLORADO. .
City ani a, _
Couaty of Denver
I.Lois V. Jacob
Ci :iad,vi Jacoby
a Notary Public in and for said
• a. County, in the State aforesaid, do hereby certify that •
aICII4VerrC . , who i s ' personally known to me to be the person whose name i s
aOiariAiehe i tailed*" Deed, appeared before me this day in person, and acknowledged that she signed,
.-asolifrigid liellivtod..ilii mid instrument of writing as her free and voluntary act, for the uses and purposeA
ail ret tcarlb. .� '
• rff%n• 1>s wry band and seal, this 3rd day of February , A. D. 19'2
• My ta> trisisa expires April 13, , A. D. 19 74
/ i
4:,..2)4-4—.) .. i , `=.::.,i->`2to C.- t;"
/ Notary `•L•c
5K -11"r QUIT CLAIM DEED TO JOINT TENANTD—Out Wait Commere al and County Prater*. Inc.. Oniur.d. S, nnj. C., ,.. t..
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