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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETYI'ION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield Cou Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned respectfully petitions the Board of County Conunissioners of Garfield County, Colorado, to exempt by Resolution the division of 4 4- 6 , /S` J acre tract of land into tracts of approximately _ �1tr1r 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: 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. V Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees ofmineral 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 A G. If connection to a community of municipal water or sewer system is proposed, a letter from the governing body staling a willingness to serve; and H. d 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 $300.00 fee must be submitted with the application. Petitioner Mailins Address GAG City State Telephone Number • • .EXEMPTION APPLICABILITY The Board of County COmmissi0ners 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, al 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 mel 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 II. 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 Developnlent/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 (3)) days prior to the meeting. The applicant shall be responsible for nailing 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. • 11,6 TA;,,,- /1)f -A.0 ALt77,,A5 Givet)-11—_ Oc c 'n A eL cL.et.a, rt-rz4 , at,Lo 6DA/I,Ltt hr-- VAL s et.71,,:\ r 1/4 tt-e v lJ L (/), abet`riltr4Z ( l c(fL, h ,)-„.)\,„ auL .tiotAA, (iDa/zczL v Q -)1/4 -1 -Z -k A / JJ( ),‘( cAA,(8. 6.,„‘E . . -0J- vi t/Li-ab,--), 6•/- 6>y,Jz_ -tt_.;ea 1,,,t_ frvaAd 141,4 etAkk, v r IC(/ a. a- tiR �� �� 7 b b f CL fr th a, - .amu 1 t L;<-/ .i -'Nik-----v-v-( CSL v e cottL ct,,,,c 41.,uvv,4 j,,, ‘3A-Tah AZ.-' )14 -1A -a -t_ = -cx., % % / 7 , \,..„,0 741/ -,�- Ts' A a\cA( eo_yLa4 „ • STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 Mr. Dave Michaelson, Planner Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 July 28, 1994 RE: Porter Subdivision Exemption Section 12, T 6 S, R 91 W, 6th P.M. Water Division 5, Water Dietrict 45 Dear Dave, Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer We are in receipt of the subdivision exemption referral for a 6.15 acre parcel located on Garfield County Road 314, approximately two miles southeast of New Castle. The applicant is proposing to split this parcel into three parcels of 2+ acres each. No information on a proposed water supply for the parcels was included in the submittal. A review of our records did not indicate any existing well permits for this parcel. The Colorado River system and its tributaries at this location are over -appropriated. As such, well permits applications in new subdivisions must be evaluated to determine if other water rights would be injured considering the cumulative effect of all proposed wells. It is likely that in many circumstances well permits could not be issued by our office without a water court approved plan for augmentation. However, under current statutes, if the Garfield Board of County Commissioners approves this split by exemption as defined in Section 30-28-101(10)(d) C.R.S., our office must evaluate the well permit applications as if the division of land occurred prior to June 1, 1972. Under current laws, Section 37-92-602(3)(b)(II)(A) C.R.S., and hydrologic conditions, it appears that our office could in this circumstance approve well permits for ordinary household purposes inside the single-family dweliings provided that the wells would be the only wells on the individual parcels, return flows would be to the same stream system in which the wells are located via non -evaporative disposal systems, and that evidence is submitted showing that the County has approved the parcels as an exemption. Absolutely no outside uses, including irrigation and the watering of animals, are allowed under this type of permit. Should you have any questions regarding the water supply for this project, please contact this office. Sincerely, idw Jeff Deatherage Water Resource Engineer /jd cc: Orlyn Bell, Division Engineer Robert Klenda, Water Commissioner porter.sub 450 Recorded at.a.1.V ? ....... 14-6 Reception No.._.. r2 ` .. — -1:.1.113,-.-ate . H THIS DEED, glade this day.. of tit 7 2 FRANK PORTER, also known as FRANK A. PORTER I between oi'the County of Garfield and state of Colorado, of the first part, and STATE Glc ::::.7.IEY ;it APR .y G 1.1..2_ BART0' F. PORTER of the County of Garfield and state c,f Colorado, of the second part, \'VITNESSETH, That the said party of the first part, for and in consideration of the sum of One Dollar -and other valuable considerations TORLIAVS. to the said party of the first part in hang` paid by the said part y of the second part, the. ro•'ipt whereof is hereby confessed and acknowledged, has • .'"remised, releasod, sold. conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said part v ,.f the second part, his heirs, successors and assigns, forever, .all the right, title, interest. claim and demand which the said part v of the first part ha s in and to the following described let or parcel of land situate, lying and bcial. 'in the County of Garfield and State of Colorado, to wit: A tract or land situated in the SEINWI of Section 12, T. 6 S., R. 91 W. of the 6th P.`i., lying Southwesterly of a county road as constructed and in place, described as follows: Beginning at a point whence an iron post with a brass cap prenerly marked for the East Quarter Corner of said Section 12 (said Iron Post witi: brass cap set under the supervision of Thomas W. Walker-, County Surveyor, Poe.` 22, 1966) bears S. 78°53'49" E. 3001.45 feet; thence N. 63°.10'12" W. 235.26 feet: thence N. 60°07'28" W. 301.12 feet; thence N. 25°26'26" W. 278.44 feet; thence N. 44°17'5" W. 136.87 feet; thence N. 87°25'30" W. 335.49 feet to a pcint on a fence as constructed and in place; thence North 126.00 feet along said fence; thence East 247.36 feet to a point on the Southwesterly line of said road; • thence F. 64°47'17" E. 428.76 feet along said road; thence S: 62°11'55" E. 79.80 f et •...;along said road; thenen S. 55'34'29" E. 175.31 feet along said road; thence S. 5#1-:56'54" E 158.93 feet along said road; thence S. 70°30'57" E. 142.$i3 feet a. o•re ,.aid road to a point in a fence as constructed and in place; thence S. 14° -">•' W. 317.85 feet along said fence to the point of beginning. The above reseribed parcel of land contains 6.15 acres, more or less. TO HAVE AND TO HOLD the same, together with al; and itrgular the appurtenances and privileges thereunto belonging or in ani wise thereunto appertaining, :tnd all the estate, right., title, interest and claim whatsoever, of the said part • of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part ,, of the second part, hi5. heirs and assigns forever. IN WITNESS WHEREOF, The said part v of the first part ha s hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of Garfield t 88. ' .::.,.,..[SEAL] Fl;A.6 rOP.TEP., a.so known as FRANK A. PORTER [SEAL] [SEAL] ............ [SEAL] The foregoing instrument was acknowledged before me this 19 7-z , by' Frank Porter, also known as Frank A. ' Porter. My commission expires , 19 • . Witness-ntyhand and official seal. day of f. Notary Feint. •If tr. natural p>rw,n or p•,rsons t,••re Insert nays° or names; If by nertton acting In representative or official ctp.rcii) .tr ae art.• -r •..-in-fart. thrn 1nsort n::mn of person nH rsr.•ut,.r. attonn•p-Iu-f.tet or oth.r t:.p:u•It>' ,r description; 11 by offl•or ,.f aor• •. +ben fns• rt, r :.nm of such officer or orftc..rm. r... sho presii.•r,t ••r other offtctre of such corporation. naming It-Hroturnry t L .:gmrr.r, 1 !.<-ti-i t'nI'tk.to 1lnvlxed ntatW. H 19 3. Robert D. Scarrow Tom Walker Frank Porter Legal Description February 1967 cScaz¢our arzcl (1%az t Reg. Land Surveyors Phones 945-5574-945-5570 Box -336 -i Glenwood Springs, Colo. 81601 GARFIELD COUNTY, COLORADO A tract of land situated in the SEtNWµ of section 12, Township 6 south, Range 91 west of the 6th Principal Meridian, lying Southwesterly of a county road as constructed and in place, described as follows: Beginning at a point whence an Iron Post with a Brass Cap properly marked for the East Quarter Corner of said section 12 (said Iron Post with Brass Cap set under the supervision of Thomas W. Walker, County Surveyor, Nov- ember 22, 1966) bears S. 78° 53' 49" E. 3001.45 feet; thence N. 63° 10' 12" W. 255.26 feet; thence N. 60° 07' 28" W. 301.12 feet; thence N. 25° 26' 26" W. 278.44 feet; thence N. 44° 17' 54" W. 136.87 feet; thence N. 87° 25' 30" W. 335.49 feet to a point on a fence as constructed and in place; thence North 126.00 feet along said fence; thence East 247.36 feet to a point on the Southwesterly line of said road; thence S. 64° 47' 17" E. 428.76 flet along said road; thence S. 62° 11' 55" E. 79.80 feet a'ong said road; thence S. 55° 34' 29" E. 175.31 feet along said road; thence S. 58° 56' 54" E. 158.93 feet along said road; thence S. 70' 30' 57" E. 142.83 feet along said road to a point in a fence as constructed and in place; thence S. 14° 57' 35" W. 317.85 feet along said fence to the point of beginning. The above-described tract of land contains 6.15 acres, more or less. ERO COPY XERO, COPY A xCRO COPY -,.... .•.-.-- rT fie... • STATE OF COLOPADO DFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 February 14, 1994 POLICY MEMORANDUM 93-5 Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer SUBJECT: In Over -Appropriated Basins - Expanding the use of a Pre -May 8, 1972 well on an intact Pre -June 1, 1972 Lot of Less Than 35 acres - to Add a Water Supply for ONE Single Family Dwelling. This policy becomes effective February 14, 1994 and shall be modified or revoked only in writing. SUBDIVISION REVIEW When a county referral proposes to allow adding one single family dwelling to an intact pre- 1972 lot with an existing pre -1972 well as the proposed water supply, we will respond that we have no objection to approval if the following conditions can be met: 1. The applicant can document that the property was recorded with the county prior to June 1, 1972, or the date the county adopted Senate Bill 35 rules, and the well will be the only exempted well on the tract. 2. The property has not been previously subdivided or exempted since June 1, •1972. 3. The well that is proposed as the supply was constructed and put to use prior to May 8, 1972. 4. The only expansion of use of the well will be for ordinary household purposes inside one single family dwelling, and return flows will be to the same stream system in which the well is located. 5. The waste water disposal system for the added dwelling must be of the non -evaporative type. 6. The applicant must apply for and obtain a new well permit for the expanded use of the well. 7. Our letter to the county must state that no additional well permits will be issued under Section 37-92-602, as the water supply for any new Tots created from the subject property by either subdivision or exemption, as long as the permit for the expanded use discussed above is in force. Policy 93-5 February 14, 1994 WELL PERMITTING • 1 Page 2 In the case of an application for a well permit received under the same circumstance as described above, A NEW WELL PERMIT CAN BE ISSUED FOR THE EXPANDED USE OF THE WELL UNDER 37-92-602(3)(b)(I), WHEN THE FOLLOWING CONDITIONS ARE MET: a. The applicant provides documentation that the property the well is located on was recorded with the county prior to June 1, 1972 or the date the county adopted Senate Bill 35 rules, and that the property has not been subdivided or exempted since June 1, 1972 or the date the county adopted Senate Bill 35 rules. b. The applicant must provide documentation that the well was constructed and put to use prior to May 8, 1972. A well permit issued prior to May 8, 1972 will constitute adequate documentation. c. A field inspection report from the Water Commissioner will be required to detail the existing and historic uses of the well specifically addressing the number of dwellings served, area historically irrigated, and number of domestic animals watered. Total single family dwellings served may not exceed three and irrigated garden and lawn may not exceed 1 acre. d. The waste water disposal system for the added dwelling must be of the non -evaporative type and the return flow must be to the same stream system as the well in located in. e. The expanded use is limited to ordinary household purposes inside one single family dwelling. No expanded outside use will be allowed under the new permit. f. Permit conditions must be included to limit well use to historic pre -May 8, 1972 uses plus the additional use for ordinary household purposes inside one additional single family dwelling, not to exceed three single family dwellings. g. The pumping rate will be limited to 15 GPM. [Section 37-92-602 (1)(b)] h. A Permit condition shall be added to state that "No additional well permits will be issued under Section 37-92-602, as the water supply for any new lots created from the subject property by either subdivision or exemption, as long as this permit is in force. Hal D. Simpson State Engineer Policy 93-5 February 14, 1994 PROBLEM • • CONSIDERATIONS AND BACKGROUND FOR POLICY MEMO 93-5 Page 3 The Engineering Section has recommended approval of county referrals which requested serving one additional dwelling on to a pre 72' lot, served by a pre -72' well. This recommendation paralleled our practice of informing the counties that one additional in-house use well permit could be available for a one time split by exemption of 1 lot from an original pre -72' parcel. However we have not established a corresponding policy on how to handle a new well permit application for this expanded use of the well. DISCUSSION In the past our letter to the county indicated that we would have no objection to approval of one (1) additional single family dwelling being served by a pre -May 8, 1972 well on an intact pre -June 1, 1972 parcel. However if the applicant attempted to late register the well or obtain a new permit for the expanded use, such application may have been denied under the provisions of Section 37-92-602 (3)(b)(I). This caused the appearance of a lack of coordination within the State Engineer's office. SOLUTION Three options appear to be available. 1. Continue as in the past. 2. Inform the counties that we could not recommend approval on this type of application unless the lot is split by exemption, then we could issue an in-house use well permit for the second lot. 3. Adopt a policy allowing a one time expansion of use of a pre -72' well to serve one additional single family dwelling in lieu of issuing one (1) additional in-house use well permit for a one time split of a pre -June 1, 1972 parcel. RECOMMENDATION The third option appears to be the preferred choice because it completes the actions necessary to carry out our established procedure in responding to this particular type of land use referral from the counties. HDS/JS/addahou2.pol • • U.S. Department of Agriculture Pp6e - 1 Soil Conservation Service 6/8/94 SOIL INTERPRETATION REPORT Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE Map Symbol, Septic Tank Dwellings Dwellings with Local Streets Lawns, Soil Name Absorption Without Basements and Roads Landscaping, Fieids Easements and Golf Fairways 5 ASCALON MODERATE SLIGHT Peres Slowly SLIGHT MODERATE MODERATE Frost Action Droughty 1 U.S. Department of Agriculture Soil Conservation Service Page - 1 6/8/94 NONTECHNICAL SOILS DESCRIPTION REPORT FOR DESCRIPTION CATEGORY - SOI Survey Area- RIFLE AREA PARTS OF GARFIELD ANI) MESA COUNTIE Map Symbol Description 5 ASCALON FINE SANDY LOAM. 1 TO 6 PERCENT SLOPES This deep, well -drained soil is on mesas, alluvial fans, and terraces. The soil formed in alluvium derived from sandstone and shale. The surface layer is fine sandy loam about 5 inches thick. The subsoil is sandy clay loam about 30 inches thick. The substratum is sandy clay loam to a depth of 60 inches. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moderate. • • U.S. Department of Agriculture Soil Conservation Service Page - 1 6/8/94 NONTECHNICAL SOILS DESCRIPTION REPORT FOR DESCRIPTION CATEGORY - SOI Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE Map Symbol Description 5 ASCALON FINE SANDY LOAM, 1 TO 6 PERCENT SLOPES This deep, well -drained soil is on mesas. alluvial fans, and terraces. The soil formed in alluvium derived from sandstone and shale. The surface layer is fine sandy loam about 5 inches thick. The subsoil is sandy clay loam about 30 inches thick. The substratum is sandy clay loam to a depth of 60 inches. Permeability is moderate. and available water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moderate. • • U.S. Department of Agriculture Soil Conservation Service Page - 1 6/8/94 NONTECHNICAL SOILS DESCRIPTION REPORT FOR DESCRIPTION CATEGORY - SOI Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE Map Symbol Description 5 ASCALON FINE SANDY LOAM, 1 TO 6 PERCENT SLOPES This deep, well -drained soil is on mesas. alluvial fans, and terraces. The soil formed in alluvium derived from sandstone and shale. The surface layer is fine sandy loam about 5 inches thick. The subsoil is sandy clay loam about 30 inches thick. The substratum is sandy clay loam to a depth of 60 inches. Permeability is moderate. and available water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moderate. • 1 U.S. Department of Agriculture • Page - 1 Soil Conservation Service 6/8/94 NONTECHNICAL SOILS DESCRIPTION REPORT FOR DESCRIPTION CATEGORY - SOI Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE Map Symbol Description 5 ASCALON FINE SANDY LOAM, 1 TO 6 PERCENT SLOPES This deep, well -drained soil is on mesas. alluvial fans, and terraces. The soil formed in alluvium derived from sandstone and shale. The surface layer is fine sandy loam about 5 inches thick. The subsoil is sandy clay loam about 30 inches thick. The substratum is sandy clay loam to a depth of 60 inches. Permeability is moderate. and available water capacity is moderate. Effective rooting depth is 60 inches. Surface runoff is slow, and the erosion hazard is moderate. T. 5 S. T. 6 S. • 1 U.S, Department of Agriculture P?ge - 1 Soil Conservation Service o/8/94 SOIL INTERPRETATION PEeORT Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE Map Symbol, Septic Tank Dwellings Dwellings with Local Streets Lawns, Soil Name Absorption Without Basements and Roads Landscaping, Fields Basements and Golf Fairways 5 ASCALON MODERATE SLIGHT Peres Slowly SLIGHT MODERATE MODERATE Frost Action Droughty E Rtif `,Le-t,-„apv-rre e-0-60 kit sc-J pJJ.. E- 6 SM 633 M 6 az/ 0 )td fee/1_, \5)(1 -{;vu./ 66u-yllot Ocm,tv-, \f‘4