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HomeMy WebLinkAbout1.0 Application• Pursusant amended, and adopted April • 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 the Subdivision Regulations of Garfield County, Colorado, 23, 1984 Section 2:20.49, the undersigned ...)01/14 Powe, r respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of 13(0 acre tract of land into 2.. tracts of approximately •//6 a t.c/ 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: (La -cc- See allachw.ci SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information. s,uc OR"B. Cop C5 41S)K g.G S 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; 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. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and 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 Evidence of the soil types and characteristics of each type; and 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 p�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 Narrative explaining why exemption is being requested; and 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. A $100.00 fee must be submitted wit the application. V / v - tio itioner ZoK 7c,2-4 Mainyidr(s 6-X0 City Telephone Number State • • 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 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. 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. • • 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 (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. • • EXHIBIT A Legal Description A parcel of land situate in Section 16, Township 6 South, Range 93 West of the 6th Principal Meridian, described as follows: Beginning at a point North, 16.5 feet from the South Quarter Corner of said Section 16; thence East 185 feet; thence North 8°51' West 199 feet; thence West 288 feet; thence South 197 feet; and thence East 132 feet to the place of beginning, containing 1.4 acres, more or less. Mr. Glen Hartman Garfield County Planner 109 - 8th Street, Suite :303 Glenwood Springs, CO 81601 Dear Mr. Hartman: Rifle Fire Protection District P. O. Box 1133 Rifle, CO 81650 June 11, 1986 Re: John Powers Special Use Application 11773 County Road 320 Please be advised that Mr. Powers' property at 11773 County Road 320 is within the service area of the Rifle Fire Protection District which provides fire, ambulance, and rescue services. The property is approximately three minutes from the Fire Station and is within reach of a fire hydrant. It does not appear that Mr. Powers' proposal imposes an unacceptable burden on the District's facilities. The Fire District has no objection to approval of Mr. Powers' proposal. JWS:trl cc John Powers my y n W. avage, ire Chief • City of Rifle 202 RAILROAD AVENUE P. O. BOX 1908 RIFLE, COLORADO 81650 Mr. Glen Hartman Garfield County Planner 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Mr. Hartman: With regard to the property at 11773 County Road 320, owned by John Powers, our records show two residential water taps currently in place. If any further information is required, please call. cc: Mr. John Powers Respectfully yours, Tim Moore City Engineer JUN 19 1986 (;,HR=1cLU COUi�TY lo SOIL SURVEY brush. The native vegetation on the Ansari soil is mainly Indian ricegrass, wheatgrass, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira- ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion. Mule deer, rabbit, and grouse find habitat on these soils. Use of this complex for community development or as a source of construction material is limited mainly by depth to rock, steep slopes, thin layers of borrow materi- al, and Targe stones. Special design can overcome these limitations. Drainage and structures to control runoff from snowmelt reduce erosion around construction sites and roads. This complex is in capability subclass Vile, nonirrigat- ed. 3—Arvada loam, 1 to 6 percent slopes. This deep, well drained, sloping soil is on fans and high terraces (fig. 4). Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sand- stone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is strongly alkaline or very strongly alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, Heldt, and Wann soils. Also included are some soils that are high in silt. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated farming. Irrigated crops produce very poorly because the soil takes water in very slowly and is droughty. Leaching is needed to remove excess salts if this soil is to be irrigat- ed. Soil amendments containing sulphur are helpful in leaching the salt. The native vegetation on this soil is mainly saltgrass, alkali sacaton, and greasewood. When range condition deteriorates, forbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. Seeding improves range in poor condition. Western wheatgrass, alkali sacaton, and tall wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Irrigat- ing new seedings is necessary for successful establish - (1 RIFLE AREA, COLORADO ment. Reducing brush improves the range if the grass understory is adequate. Cottontail rabbit and pheasant find shelter on this soil if they can obtain food in surrounding areas. Use of this soil for sanitary facilities, for community development, and as a source of construction material is limited by the high shrink -swell potential, slow permeabil- ity, clayey textures, and salinity. This soil is in capability subclass Vlls, irrigated and nonirrigated. RIFLE AREA, COLORADO • • TABLE 7. --BUILDING SITE DEVELOPMENT 103 [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," and "severe." Absence of an entry indicates that the soil was not rated] Soil name and map symbol Shallow excavations 1 1 1 I I I Dwellings ; Dwellings ; Small ; Local roads without ; with ; commercial ; and streets basements I basements 1 buildings ; 1 :Severe: :Severe: Almy Variant ; slope. I slope. I I 1 I ; ; 2*: 1 Arle :Severe: :Severe: : slope, 1 slope, 1 large stones. I large stones. ; ; Ansari :Severe: :Severe: 1 slope, 1 slope, I depth to rock. : depth to rock. Rock outcrop. i . II 1 I 3 :Moderate: :Severe: Arvada I too clayey. ; shrink -swell. 1I I 1 ; ; 4 ;Moderate: ;Severe: Arvada : slope, I shrink -swell. 1 too clayey. : I 1 I 5 ;Slight ;Moderate: I low strength. Ascalon 6 ;Moderate: Ascalon I slope. 7*: Ascalon ;Moderate: I slope. Pena :Severe: ; slope, ; large stones. 8*: Atencio ;Severe: I cutbanks cave. Azeltine ;Severe: I cutbanks cave, I large stones. 9*. Badland 10 :Moderate: Begay I large stones. 11 ;Moderate: Begay ; slope, ; large stones. 12*: ; Buckton ;Severe: I depth to rock, I slope. See footnote at end of table. Moderate: I slope, I low strength. :Moderate: ; slope, : low strength. I T I . 1 . :Severe: (Severe: (Severe: : slope. ; slope. I slope, , 1 1 low strength. I 1 I 1 I 1 1 I :Severe: :Severe: :Severe: I slope, I slope, ; slope, I large stones. 1 large stones. I large stones. :Severe: ;Severe: :Severe: : slope, : slope, 1 slope, : depth to rock. ; depth to rock. I depth to rock. II 1 I I I I 1 I 1 :Severe: :Severe: :Severe: : shrink -swell. ; shrink -swell. 1 shrink -swell, ' 1 low strength. I I 1 1 I I I ;Severe: ;Severe: :Severe: 1 shrink -swell. I slope, ; shrink -swell, : ; shrink -swell. 1 low strength. I I I I I :Moderate: :Moderate: :Moderate: 1 low strength. ; low strength. 1 frost action, ; 1 1 low strength. ; ;Moderate: :Severe: ;Moderate: I slope, : slope. ; slope, low strength. 1 I frost action, ; 1 low strength. I 1 1 I I Moderate: ;Severe: :Moderate: slope, 1 slope. 1 slope, low strength. 1 I frost action, : ; ; low strength. I I 1 Severe: :Severe: :Severe: :Severe: slope, 1 slope, 1 slope, 1 slope, large stones. ; large stones. 1 large stones. : large stones. I I I 1 I I I :Slight :Slight ;Slight. ; I I ; ; Moderate::Moderate: :Moderate: I large stones. ; large stones. ; large stones. ; ; ; I I II I I I 1 ; ; ; ; :Moderate: :Slight :Slight. ; large stones. ; . I 1 I ;Moderate: :Severe: :Moderate: : slope, 1 slope. 1 slope. I large stones. 1 : I I I I I I ;Severe: :Severe: ;Severe: 1 depth to rock, 1 depth to rock, 1 depth to rock, 1 slope. 1 slope. 1 slope, 1 1 I low strength. I I I ;Slight ;Moderate: I large stones. ;Slight ;Moderate: 1 slope. :Severe: 1 depth to rock, I slope. • • 108 SOIL SURVEY TABLE 8. --SANITARY FACILITIES [Some terms that describe restrictive soil features are defined in the Glossary. See text for definitions of "slight," "moderate," "good," "fair," and other terms. Absence of an entry indicates that the soil was not rated) Soil name and map symbol Septic tank I Sewage lagoon 1 Trench 1 Area 1 Daily cover absorption ; areas ; sanitary ; sanitary ; for landfill fields 1 1 landfill 1 landfill ; 1 ;Severe: Almy Variant 1 slope, 1 percs slowly. ; 2': ; Arle ;Severe: ; slope, ; depth to rock. I 1 I Ansari ;Severe: 1 slope, depth to rock. 1 Rock outcrop. ; 1 3 ;Severe: Arvada 1 percs slowly. ; 4 ;Severe: Arvada ; peres slowly. 1 1 I 5 ;Slight ;Severe: Ascalon 1 I seepage. ; ; 6 ;Moderate: :Severe: Ascalon 1 slope. 1 slope, ; ; seepage. 1 I 1 7': ; 1 Ascalon ;Moderate: :Severe: I slope. 1 slope, ; ; seepage. ; ; Pena ;Severe: ;Severe: 1 slope, I slope, ; large stones. I large stones. ; 1 'Slight ;Severe: I 1 ;Severe: 1 slope. ; ; ; ;Severe: slope, ; large stones. I 1 I ;Severe: ; slope, ; depth to 1 I 1 ; ; ;Moderate: ; slope. 1 ;Severe: 1 slope. ; 8': Atencio•. Azeltine 9'. Badland 10 Begay 11 Begay 12': Bucklon 1 I i 1 . i . ;Severe: :Severe: 113 oor: I slope. ; slope. slope. ; 1 1 1 1 1 I ;Severe: ;Severe: ;Poor: slope, ; slope. ; slope, I depth to rock. ; ; large stones, ; I 1 area reclaim. I ;Severe: ;Severe: ;Poor: I slope, 1 slope. ; slope, rock. ; depth to rock. ; ; thin layer, 1 I 1 area reclaim. ; ; ; ; ; 1 11 I I I ;Moderate: ;Slight ;Fair: too clayey. ; 1 too clayey. ; ; ; ;Moderate: ;Moderate: ;Fair: ; too clayey. ; slope. ; slope, I ; ; too clayey. ; ; ;Severe: ;Severe: ;Good. ; seepage. 1 seepage. ; ; ; ; :Severe: ;Severe: ;Fair: seepage. ; seepage. I slope. 1I I 1 11 I I 1 I ;Severe: ;Severe: ;Fair: ; ; ; seepage. . seepage. ; ; slope. 1 :Severe: :Severe: ;Poor: large stones. ; slope. 1 slope, I large stones. II 1 1 I I I I ;Severe: ;Slight ;Severe: seepage. ; 1 large stones. ; ;Severe: ;Severe: ;Poor: I seepage, I seepage. ; seepage, large stones. ; 1 large stones. 1I 1 I I I ; ; ; ; ; ; Severe: :Severe: ;Severe: ;Fair: seepage. 1 seepage. 1 seepage. I large stones. 1I I I 1 Severe: ;Severe: ;Severe: ;Fair: slope, ; seepage. 1 seepage. ; slope, seepage. ; ; ; large stones. ; ; ; 1I 1 I I I ;Severe: ;Severe: ;Poor: rock, ; depth to rock, ; slope. ; thin layer, ; slope. ; ; slope, ; ; ; area reclaim. ; ; ; Severe: , large stones. 1 I I I I 1 ;Moderate: I large stones. ; ;Moderate: I slope, 1 large stones. 1 ; ;Severe: 1 depth to rock, I slope, 1 percs slowly. I See footnote at end of table. I seepage. ; ;Severe: I seepage, large stones. ;Severe: I depth to 1 slope. ; ; 134 SOIL SURVEY TABLE 13. --ENGINEERING INDEX PROPERTIES [The symbol < means less than; > means more than. Absence of an entry indicates that data were not estimated] Soil name and map symbol :Depth 1 USDA texture { Classification I I 1 Unified 1 AASHTO 1 1 1Frag- 1 lments 1 Percentage passing sieve number -- 1 > 3 1 ;inches: 4 I 1 10 1 40 : 200 Liquid limit Plas- ticity index 1 Almy Variant 2*: Arle Ansari Rock outcrop. 3, 14 Arvada 5, 6 Ascalon 7t: Ascalon Pena 8*: Atencio In 0-8 8-34 34-60 0-10 10-32 32 0-10 10-18 18 0-3 3-17 17-60 1 1 0-5 1 5-30 130-60 0-5 5-30 30-60 0-12 12-60 0-11 11-23 23-28 28-60 Loam 1CL-ML IA -4 Clay loam 1CL lA-6 Flaggy clay ICL 1A-6 loam, flaggy 1 1 loam. i Very stony loam ISM, GM, IA -4 : ML Very stony loam,IGM, SM very stony sandy loam. Weathered bedrock. Loam ICL -ML, SM -SC Loam, stony loam1CL-ML, SM -SC Unweathered bedrock. I Loam ;CL -ML Clay, silty clay1CL, CH loam. 1 Clay loam, siltylCL clay loam. Fine sandy loam :SM Sandy clay loam ISC, CL Sandy loam, ISC, sandy clay 1 SM -SC, loam, fine 1 CL, sandy loam. i CL -ML 1 Fine sandy loam ISM Sandy clay loam ISC, CL Sandy loam, ISC, sandy clay 1 SM -SC, loam, fine i CL, sandy loam. 1 CL -ML 1 Stony loam 1CL-ML Very stony loam,:GM very stony sandy loam. 1 1 ISM 1SC 1 SM -SC Sandy loam Gravelly sandy clay loam, sandy clay loam. Gravelly sandy clay loam, gravelly sandy 1 loam. 1 Sand, gravel, ISP, GP, and cobbles. 1 SP -SM, : GP -GM See footnote at end of table. 1 Pct 1 1 0-5 190-100190-100180-95 1 0-5 185-100185-100175-95 125-35 175-90 175-90 160-80 50-75 65-85 50-70 1 1 1 I 1 1 1 1 1 1 1 1 1 125-40 160-85 155-80 145-70 135-55 I 1 1I , 1A-2, A-1130-60 140-70 40-70 135-55 120-35 1 1 1 , 1 I 1 11 : : 1 IA -4 1 5-15 175-100175-90 170-80 145-65 11 1 f I I I I I IA -4 115-35 175-95 175-90 170-80 145-65 I I I I 1 I I 1 1 1 1 i 1 1 1 1 i 1 1 1 IA -4 1 0 190-100190-100185-95 160-75 1A-7 i 0 180-100175-100170-100165-95 I I 1 I 1 I I 1 1 I 1A-7 1 0 180-100175-100170-100155-80 I 1 I 1 1 1 1 I I 1 I IA -2, A-41 0 195-100190-100170-95 125-50 1A-6 1 0 195-100190-100180-100140-55 1A-4, A-61 0 195-100195-100175-95 135-65 1 1 1 1 1 I 1 1 1 1 1 1 1 1A-2, A-41 0 195-100190-100170-95 125-50 1A-6 i 0 195-100190-100180-100140-55 IA -4, A-61 0 195-100195-100175-95 135-65 1 1 I 1 1 1 1 1 I I 1 1 I I 1 I I 1A-4 1 5-20 175-90 175-85 170-75 150-60 1A-1, 135-75 140-75 135-70 30-65 20-50 A-2, 1 1 1 1 1 1 1 1 I 1 1 1 1I 1 I1 1 i I 1 1 1 1 IA -2 1 0-5 175-100175-100150-65 120-30 1A-2, A-6 0-5 165-90 150-90 135-65 125-45 I 1 I I 1 1 I 1 I I 1 1 1 1 I 1 I 1 1 1 , 1 1A-2 1 5-10 150-80 150-75 140-65 1 11 1 1 : 1 1 1 , 1 I 1 1 11 1 1 1 A-1 130-60 140-60 135-55 110-35 : 1 1 : 11 1 1 1 1 1 1 1 1 1 I Pct 10-20 30-40 20-30 5-10 10-20 10-15 NP NP 20-30 1 5-10 20-30 1 5-10 15-25 1 5-10 40-65 1 20-35 40-45 1 20-25 15-25 1 NP -5 20-40 1 10-20 20-40 1 5-15 15-25 1 NP -5 20-40 1 10-20 20-40 1 5-15 20-40 1 5-20 20-30 1 NP -5 15-20 1 NP -5 20-30 1 10-15 15-30 15-25 1 5-10 0-10 1 NP • • RIFLE AREA, COLORADO 141 TABLE 14. --PHYSICAL AND CHEMICAL PROPERTIES OF SOILS [The symbol < means less than; > means more than. Entries under "Erosion factors --T" apply to the entire profile. Entries under "Organic matter" apply only to the surface layer. Absence of an entry indicates that data were not available or were not estimated] . : : Soil name and IDepth1Clay <2mm: map symbol 1 : I : : : 1 In 1 Pct 11 1 1 1 1 1 : 0-8 : 20-25 : Almy Variant : 8-341 30-35 i 134-601 20-35 1 11 1 4 4 1 2*: : : : Arle : 0-101 15-25 : 110-321 10-25 1 1 32 1 --- 1 1 1 1 Ansari 1 0-101 18-25 1 110-181 16-20 : 1 18 : --- : i : Rock outcrop. 1 : i I 1 1 3, 4 1 0-3 1 15-27 1 Arvada : 3-171 35-45 1 :17-601 28-40 1 4 4 4 5, 6 1 0-5 I 10-20 I Ascalon : 5-301 20-30 : 130-601 15-25 : 1 I 1 I 7*: 1 Ascalon 1 0-5 1 10-20 1 1 5-301 20-30 1 130-601 15-25 : I1 1 1 1 Pena : 0-121 15-25 : :12-601 .15-25 1 : : : 3*: : : : Atencio 1 0-111 10-20 1 111-23 20-30 1 123-28 15-25 :28-60 0-2 Azeltine : 0-181 10-20 118-601 0-2 1 1 I I Badland 10, 11 1 0-141 10-18 Begay 114-241 10-20 124-601 10-15 I 1 I I 12*: Bucklon 1 0-5 1 20-27 5-151 20-35 1 15 I --- I Inchau : 0-3 1 15-27 1 3-36: 20-35 36 1 --- I 1 1 13, 14, 15 : 0-131 10-20 Chilton :13-601 10-18 16 1 0-4 1 10-25 Cimarron 1 4-60: 35-45 1 I I 1 See footnote at end of table. Permeability :Available; Soil :Salinity; 1 water ;reaction; : ;capacity 1 : In/hr 1 In/in : 1mmhos/cm1 1 1 I 1 I 0.6-2.0 10.16-0.1917.4-7.8 1 <2 0.2-0.6 10.18-0.2017.4-8.4 1 <2 0.6-2.0 10.13-0.1517.9-8.4 1 <2 I 1 1 1 I 1 1 1 0.6-2.0 10.07-0.0917.4-8.4 1 <2 0.6-2.0 10.06-0.0917.9-8.4 1 <2 1 : 1 0.6-2.0 10.10-0.1317.9-8.4 1 <2 0.6-2.0 10.08-0.1217.9-8.4 I <2 1 1 1 1 I I 1 I I 1 I 1 1 I 1 I I 1 0.6-2.0 :0.16-0.181 >7.9 I <4 0.06-0.2 10.07-0.091 >8.4 1 <4 0.06-0.2 10.09-0.111 >7.8 1 <8 1 I 1 I I 1 0.6-6.0 10.11-0.1616.6-7.8 : <2 0.6-2.0 10.13-0.1516.6-7.8 1 <2 0.6-6.0 10.11-0.1517.9-8.4 1 <2 1 1 I 1 I I 1 I 1 0.6-6.0 10.11-0.1616.6-7.8 : <2 0.6-2.0 10.13-0.1516.6-7.8 1 <2 0.6-6.0 :0.11-0.1517.9-8.4 1 <2 I I I 1 I I 0.6-2.0 10.12-0.1517.4-7.9 : <2 0.6-2.0 10.03-0.0817.9-8.4 1 2-4 1 1 I I 1 I 2.0-6.0 10.12-0.1417.4-7.8 1 <2 0.6-2.0 10.11-0.1317.4-7.8 : <2 2.0-6.0 10.07-0.0917.9-8.4 1 <2 6.0-20 10.03-0.0517.9-8.4 : <2 1 1 1 I I 1 2.0-6.0 10.08-0.1217.9-8.4 1 <2 >6.0 10.03-0.0517.4-8.4 : <2 1 I 1 I 1 1 I I 1 I 1 2.0-6.0 10.12-0.1416.6-8.4 1 <2 2.0-6.0 10.12-0.1517.4-8.4 1 <2 2.0-6.0 10.08-0.11:7.4-8.4 1 <2 I I 1 I 1 1 1 I 1 I 1 I 0.06-0.2 10.17-0.2016.1-7.3 1 <2 0.06-0.2 10.16-0.1816.1-7.3 1 <2 1 1 I 1 0.6-2.0 10.16-0.1816.1-7.8 1 <2 0.6-2.0 :0.11-0.1516.1-7.8 : <2 I 1 1 0.6-2.0 10.12-0.1417.9-8.4 : <2 2.0-6.0 10.07-0.0917.9-8.4 1 <2 I 1 1 0.6-2.0 10.16-0.1816.6-7.8 1 <2 0.06-0.2 10.14-0.1616.6-7.8 : <2 I 1 I 1 I Shrink -swell potential Erosion ; factors :Organic 1 matter 1K I T : i : : Pct : : : : ;Low 10.281 5 1 3-5 ;Moderate 10.321 1 Low 10.32: : 4 4 1 1 4 4 1 :Low 10.101 2 : 2-4 Low 10.101 1 -: 1 --- 1 1 1 Low 10.151 1 : 2-4 ;Low :0.15: 1 I 1 1 1 I 1 1 1 1 i 1 1Low h 10.321 5 10.5-1 iiggh 10.321 10.321 1 1 1 1 1 ;Low :0.171 5 1 1-3 :Moderate 10.241 1 :Low 10.241 : 1 Low 1Moderate :Low :Low :Low 1Low :Moderate 1Low 1Low :Low :Low 1 1 1 1 I 1 1 I 1 1 1 10.171 5 I 1-3 :0.241 10.24: 1 1 1 10.281 3 1 1-3 10.24: 1 1 1 i 1 I 1 1 1 :0.24: 3 1 2-4 10.171 1 :0.10: 1 10.101 : 1 1 1 1 1 1 10.101 2 1 2-4 10.101 1 I I I 1 1 1 1 1 1 1 : : : : Low 10.241 5 10.5-1 Low 10.321 1 Low :0.321 I 1 I I I : : 1 10.321 1 1 2-5 10.371 1 1 1----1 1 1 1 10.321 3 1 2-5 10.281 1 1- 1 1 11 --- 1 I 10.5-2 ;Moderate ;Moderate 1 1Low :Low 1 1Low 1Low Low High 1 1 10.281 5 10.15: 10.37: 5 10.32: 1 1 2-4 t LAi JnL., [The definitions of "flooding" and "water table" in the Glossary explain terms such as "rare," "brief," "apparent," and "perched." The symbol < means less than; > means more than. Absence of an entry indicates that the feature is not a concern] Soil name and map symbol Flooding High water table I Bedrock ; Risk of corrosion ;Hydro-; Potential : I logic; Frequency Duration :Months Depth I Months ; Depth ; Hardness ; frost :Uncoated Concrete :group ; ; i ; ! ; action : steel ! ; I I 1 ; C ,None Almy Variant 2* I I Arle ; C ;None I ; Ansari ; D ;None ! Rock outcrop. I 1 I I 3, 4 I D :None Arvada 5, 6 B :None Ascalon , I 7*: Ascalon : B (None 1 Pena ; B ;None 8*: I Atencio ; B ;None Azeltine I B ;None 9*. I Badland 1 1 10, 11 ; B :None Begay ; ; I 12*: i Bucklon D ;None I , Inchau I C ;None I 13, 14, 15 ; B ;None Chilton ! , I 16 I C ,None Cimarron 17 I C ;None Cochetopa I I I 18*, 19*: ! Cochetopa I C :None I Jerry ; C ;None See Footnote at end of table. Ft In I ! I ; , I I >6.0 ; >60 ; ;Low 1 I ;High 1 I ; ; , 1 I ! >6.0 ; 20-40 :Rippable :Low :Moderate I 1 ! >6.0 ; 10-20 ;Hard Low ;High 1 1 1 1 I , , , I 1 I >6.0 ; ; >60 ; !Low ;High !Low I >6.0 ; >60 ;Moderate ---;Moderate ;Low. II I I I, 1 1 1 i I , , I I 1 I --- >6.0 ; >60 ; ;Moderate ---;Moderate ;Low. 1 1 I 1 ; --- >6.0 ; ; >60 1 ;Moderate ---;High Low. , , I , 1 ; >6.0 >60 ;Low iHigh ;Low. --- >6.0 i ; >60 ; Low;High !Low.L 1 1 I 1 1 :Low. ;Low. ;Low. :Moderate. 1 1 I I 1 Low 11>6.0 >60 :High;Low. I11 1 I 1 I III I I 1 >6.0 ; 10-20 ;Rippable ;Moderate (High ;Low. 1 1 1 1 1 I 1 I I I >6.0 20-40 ;Rippable ;Moderate- -;High ;Low. ; ; I >6.0 ; >60 ; ;Low ;Moderate ;Low. I 1 , ; 1 >6.0 ; >60 ; ;Moderate ;High Low. 1 I I I 1 1 I ; ; >6.0 ; >60 ; --- ;Moderate ---;High ;Low. I I 1 I I I 1 I I --- ; >6.0 >60 I ;Moderate---IHigh (Low. 1 I I --- ; >6.0 >60 ; ;Moderate ---;High ;Low. 1 1 I I I I OavN01O0 `v3EIV 31J1E RIFLE AREA, COLORADO • • TABLE 16. --CLASSIFICATION OF THE SOILS 149 Soil name Family or higher taxonomic class Almy Variant i Fine -loamy, mixed Borollic Haplargids Ansari 1 Loamy, mixed Lithic Haploborolls Arle ; Loamy -skeletal, mixed, Aridic Haploborolls Arvada I Fine, montmorillonitic, mesic Ustollic Natrargids Ascalon I Fine -loamy, mixed, mesic Aridic Argiustolls Atencio 1 Fine -loamy over sandy or sand skeletal mixed, mesic Aridic Argiustolls giustolls Azeltine I Fine -loamy over sandy or sandy -skeletal, mixed, mesic Torriorthentic Haplustolls Begay I Coarse -loamy, mixed, mesic Ustollic Camborthids Bucklon I Loamy, mixed, shallow Typic Cryoborolls Chilton 1 Loamy -skeletal, mixed (calcareous), mesic Ustic Torriorthents Cimarron 1 Fine, montmorillonitic Argic Vertic Cryoborolls Cochetopa I Fine, montmorillonitic Argic Pachic Cryoborolls Cushman 1 Fine -loamy, mixed, mesic Ustollic Haplargids Dateman I Loamy -skeletal, mixed Pachic Cryoborolls Detra i Fine -loamy, mixed Pachic Argiborolls Dollard I Fine, montmorillonitic (calcareous), frigid Ustic Torriorthents Etoe 1 Loamy -skeletal, mixed Typic ypic Paleboralfs Farlow Loamy -skeletal, mixed Typic Cryoborolls Heldt I Fine, montmorillonitic, mesic Ustertic Camborthids Holderness Variant I Fine, montmorillonitic Aridic Haploborolls Ildefonso 1 Loamy -skeletal, mixed, mesic Ustollic Calciorthids Inchau 1 Fine -loamy, mixed Argic Cryoborolls Irigul 1 Loamy -skeletal, mixed Lithic Cryoborolls Jerry 1 Fine, montmorillonitic Argic Cryoborolls Kim 1 Fine -loamy, mixed (calcareous), mesic Ustic Torriorthents Lamphier 1 Fine -loamy, mixed Pachic Cryoborolls Lazear 1 Loamy, mixed (calcareous), mesic Lithic Ustic Torriorthents Limon 1 Fine, montmorillonitic (calcareous), mesic Ustertic Torriorthents Morval 1 Fine -loamy, mixed Aridic Argiborolls Nihill 1 Loamy -skeletal, mixed (calcareous), mesic Ustic Torriorthents Northwater i Loamy -skeletal, mixed Cryic Pachic Paleborolls Olney 1 Fine -loamy, mixed, mesic Ustollic Haplargids Parachute 1 Loamy -skeletal, mixed Typic Cryoborolls Pena 1 Loamy -skeletal, mixed, mesic Aridic Calciustolls Potts i Fine -loamy, mixed, mesic Ustollic Haplargids Rhone 1 Fine -loamy, mixed Pachic Cryoborolls Silas I Fine -loamy, mixed Cumulic Cryoborolls Starman ; Loamy -skeletal, mixed (calcareous) Lithic Cryorthents Tanna I Fine, montmorillonitic Aridic Argiborolls Tridell I Loamy -skeletal, mixed Aridic Calciborolls Vale I Fine -silty, mixed, mesic Aridic Argiustolls Villa Grove I Fine -loamy, mixed Aridic Argiborolls Wann 1 Coarse -loamy, mixed, mesic Fluvaquentic Haplustolls Zoltay 1 Fine, montmorillonitic Pachic Argiborolls JOHN P. POWERS P. O. BOX 726 RIFLE, CO 81650 (303) 625-2424 9 June 1986 Petition for Exemption: LEGAL DESCRIPTION OF SUBJECT PROPERTY 0 [.r.t.... sir..:-ri JUN 111986 GARFIELD COUNTY A parcel of land situate in Section 16, Township 6 South, Range 93 West of the 6th Principal Meridian, known as 11773 County Road 320 and described as follows: Beginning at a point North, 16.5 feet from the South Quarter Corner of said Section 16; thence East 185 Feet; thence North 8°51' West 199 feet; thence West 288 feet; thence South 197 feet; and thence East 132 feet to the place of beginning, containing 1.4 acres, more or less. BACKGROUND LEADING TO THE REQUEST FOR EXEMPTION This Petition for Exemption is being filed concurrently with applications for a special and some conditional uses to re- activate the utilization of a building built in 1975 and in operation until 1979 when the business was sold. During that time, the owner of the business, Mr. Richard Morgan, lived in the house on the property and operated the business -on the same legally described parcel, in the building near the house. Apparently, current Garfield County regulations limit a lot to a single principal use. The Garfield County Planning Department informs me that an Exemption must now be granted in order to allow approval of the applications for special and conditional uses. In effect, the Exemption would split the 1.36 acres into two pieces, each being required to be a minimum of 20,000 square feet. By so doing, the piece with the building could be granted the requested special and conditional uses, which would agree with the County regulations of a single use on a lot. DISCUSSION OF MERITS Please bear in mind that this property has had a house on it for at least between 30 - 40 years. Mr. Jack Dix built the house and subsequently a large series of greenhouses, which dominated the 1.36 acres. At that time there were two uses. When Mr. Morgan acquired the property, he was given permission in 1974 to add the building in question, continuing the practice of having two uses. When Mr. Morgan sold the business, Centennial Gardens, the greenhouses were removed. Over subsequent years during my ownership, the ground surface has been reclaimed. Gravel, troughs, water reservoir tanks, plastic sheets to prevent weed growth, extensive piping, and remnants of the buildings (nails, scraps, etc.) were removed. The area under the greenhouses was leveled, top soil was hauled in, and grass planted. A lovely open field now exists where the greenhouses used to be located. Photos taken on 6/7/86 will be submitted as soon as developed. page - 1 - of 3 pages While I recognize the Garfield County regulations and would be pleased to receive approval of this Exemption request in order to receive approval of the requests for special and conditional uses, I would prefer to receive approval of the requests for special and conditional uses without being required to arbitrarily split the subject parcel into two pieces with a minimum of 20,000 sq. ft. in each. The reasons for this are as follows. It is sensible to properly use property in each individual case and in consideration of other uses in an area. In order to ensure proper use, governing bodies create guidelines. However, application of guidelines in an absolute sense does not always allow for the individual characteristics of a property, neighbor- hood, or municipality. To ensure the most proper uses, tailoring requirements along reasonable guidelines is the most effective system. While this requires more thought and definition, it assures the most proper use. In the case in question, the provision to require at least 20,000 sq. ft. be allocated to the house, and the same to the building does not well serve the intent to keep proper use. If one looks at the property itself, the natural division is to parcel the house off inside its existing fences (approximately some 13,000 sq. ft.) and leave the balance to the building and open area where the greenhouses used to be. While this does not conform to the regulations, it is more appropriate to the historical use and layout of the property. Please refer to the survey provided with proposed boundary split which conforms to county requirements. It does not make as good sense as to split the property according to its natural layout. Ultimately, it seems to make most sense not to split the property at all. If one considers a long-term concept of proper use of land, which is certainly limited in relation to rapidly growing population, arbitrary application of the County guidelines for proper use would reduce the total size of this property. Over generations, we face the trend of continually dividing and redividing property into ever smaller pieces. This is permanent. In some cases this may make sense, it may create a more proper use of some property. However, in this case, there is no practical need to divide the property into two pieces. Such a division serves only to conform to laws which are intended to assure proper use. In this case, application of the law creates improper use, and the law serves to defeat its own intent by its own requirements. I suggest that this situation be carefully reviewed and that the Commissioners weigh the case on its own merits, and not by the guidelines which are self-defeating. Perhaps a legitimate rationale is that the property has had two uses for many years. In addition, across the street at 11832 County Road 320, Dr. Dal las Knaus lives in the house and operates a veterinary clinic. Maintaining two uses on the subject is consistent with actual conditions. One may say that requiring this split will assure conformance to the County guidelines. page - 2 - of 3 pages • • This creates a kind of consistency. However, there is also a consistency of historical use in the area. The Commissioners are thus faced with a decision which will maintain one consistency while necessarily violating the other. I would very much like to be able to put the building back into productive use and will adhere to whatever strictures are re- quired. If you feel that the property must be subdivided, this I will do. If you feel that the 20,000 sq. ft. minimum be imposed on each piece, this I will do. However, if allowed, please consider the merits of this case to interpret the intent of the law more effectively than the requirements within the law itself do. Thank you for your attention and consideration. Sincerely, P• Patd414 John P. Powers encl: Petition for Exemption Application form. ck 4938 for $100 Exemption Application fee revised Conditional / Special Use Permits Application text ck 4937 for $500 for Conditional / Special Use Application 2 copies exerpts Soil Survey of Rifle, USDA SCS: sheet 9 map, pps. 1 0/1 1 , 103, 134, 1 41 , 145, 149 copies of letters to: Bud Graham, Public Service Co. Tim Moore, Rifle City Engineer Aletha Abel, Rifle Vill. S. Metro Rifle Fire Department Subject property area neighbors survey of subject indicating 2 options for subdivision page - 3 - of 3 pages 1 City of Rifle 202 RAILROAD AVENUE P. O. BOX 1908 RIFLE, COLORADO 81650 Mr. Glen Hartman Garfield County Planner 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Mr Hartman: ECE VE U JUL 10 1986 GARFIELD COUNTY Concerning the Powers property located at 11773 County Road 320, we show one residential and one comercial tap paid for and in place. If I can be of further help, please call. Restfully yours, Tim Moore City Engineer RIFLE COLORADO vic Parcel #1 a.... anises IDOMO A parcel of land in the S 1/2 of Section 16, Township 6 South, Range 93 West of the 6th Principal Meridian described as follows: Beginning' at the South 1/4 corner of said Section 16, thence North a distance of 16.50 feet the true point of beginning; thence West a distance of 133.62 feet; thence North a distance of 196.63 feet; thence East a distance of 103.20 feet; thence South a distance of 108.98 feet; thence East a distance of 92.50 feet; thence North 79° 50' 00" East a distance of 108.00 feet to a point on the westerly right-of-way of County Road No. 320; thence along said right-of-way South 08° 51' 00" East a distance of 108.00 feet; thence leaving said right-of-way and along the northerly side of an existing access road West a distance of 185.00 feet to the true point of beginning. Said parcel contains 0.909 acres more or less. Parcel #2 A parcel of land in the S 1/2 of Section 16, Township 6 South, Range 93 West of the 6th Principal Meridian described as follows: Beginning at a point whence the South 1/4 corner of said Section 16 bears South 16° 16' 55" East a distance of 108.50 feet; thence North a distance of 108.98 feet; thence East a distance of 184.80 feet to a point on the westerly right-of-way of County Road #320 thence along said right-of-way South 08° 51' 00" East a distance of 91.00 feet; thence leaving said right-of-way South 79° 50' 00" West a distance of 108.00 feet; thence West a distance of 92.50 feet to the point of beginning. Said parcel contains 0.460 acres more or less. P.O. Box 883 • RIFLE, COLORADO 81650 • (303) 625-3540