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Home My WebLink About1.0 ApplicationGARFIELD COUNTY Building & Planning DePartment 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone : 970. 945. 8 21 2 F acsimile : 970. 38 4 -347 0 www.qarfield-county. com Exemption from the Definition of Subdivision trt rrr flrn rr ,. Ar,i Z i /l)U5 eurlor,r-d a prnriruirui GENERAL !NFORMATION (To be completed by the applicant.) F Street Address / General Location of Property:--!!!t--c--L:L13--- Rifle. Colorado ) Leq a I D e s cri pti o n of P a re n t P ro p e rty : 4-f gf !f eq-q!-L[a-s-E-i-E--$, r q E-EZI!----lviri'e easr of Rifle Creek arid the N1/2 sl^tr Sw, 53, T65, R93 w of theottr Flt t;;;;;;;;ri*,.*,),,-"-ir,-,-,**;-19-l-==!-it-i---- } Current Size of Property to be Subdivided (in acres): -Alil,l-!- F Number of Tracts / Lots Created lncluding remainder of Parent Property: ---?------ ) proposed size of Tracts / Lots to be Created lncluding remainder of Parent Property: o Lot #: tL-- containing - r . zo r tacres o Lot #: -L-- containing + t ;rzotacres o Lot #: ---- containing ------- acres o Lot #: ---- containing ------- acres o Lot #: ---- containing ------- acres P Property's Zone District: -4480---- N a m e o f P ro p e rty O w n e r ( A p p I i c a n t ) : --Br-qLqr{g4-4ersn_BEec{e"--- Ad d re s s : -P-:1'---B-t:-i!l T e I e p h o n e | - -6]-s=-:-41 ]- City: -(i-fJ,s- State: ---c-0--- Zip Codea165Q--- FAX:'---- STUVER LeI{OINIi & BURI'IELL, P.C. ---TX]- -il-es-C-Th1?d-SEre-e-f ) Addressi --P-.Q--3ox-99f----- Telephone:6) \*1 RR7 ) city: __Lr_fl€___ __ state: __c_o____ Zip codeal650___ FAX: !25:44!9--- STAFF USE ONLY TC Date: 1. 2. l.TION Asaminimum,anappti6tionfromtheDefinitionfromSubdivision(..Exemption'') shall specifically respond to all the following items below and attach any additional information to be submitted with this aPPlication: Provide a narrative explaining why exemption is being requested. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed 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. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. S. 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. 6. Evidence of soil types and characteristics of each type located on the property. 7. Provide proof of legal and adequate source of domestic water for each lot created. 8. Method of sewage disposal. g. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. 10. lf connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. 1 1. lt 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. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 3. II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, 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 of County Commissioners 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 has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling if'ai are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these 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. ln order to qualify for exemption, the parcel as it existed on January 1,1973, must have been 35 acres or greater in size at the time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is spiit Oy a public right-of-way (State or Federal highway, County road or railroad), preventing joint use of the proposed tracts, and the division occurs along the public right- of-way, such parcels thereby created ffiay, 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 othenruise applicable. For the purposes of definition, all tracts of land 35 acres or greater in size, created after January 1, 1973 will count as parcels of land created by exemption since January 1, 1973. B. All Garfield County zoning requirements will be met. 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. D. Provision has been made for an adequate source of water in terms of the leqal and phvsical qualitv. quantitv and dependabilitv, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a lo mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used' 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) lf the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. l. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. lt will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (1 5) working days. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (lf 4 4) 5) 1. 2. 3. Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. lt is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. !f proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. ln addition, the Applicant shall provide proof at the hearing that proper notice was provided. 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 may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant' 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a. b. c. 5. 6. a plat of a conditionally approved exemption until all conditions of approval have been complied with. g. The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21j days prior to the expiration of the 120-day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10.Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a iegal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge.9AFRzervf Last Revised : 1 1 I 1 5l2OO2 REQUEST FOR EXEMPTION BEFORE THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO By Application dated September 3,2002, Applicants Richard W. Rhoades and Karen S' Rhoades requested that the Board of County Commissioners exempt by resolution the division of a 48 .699 acre, more or less, tract of land into one tract of 46.498 acres, more or less, (Parcel B) and one tract of 2.201 acres, more or less, (Parcel A) from the definitions of "subdivision" and "subdivided Land" as the terms are used and defined in C.R.S. $ 30-23-101(1OXa)-(d) and the Subdivision Regulations. The Board of County Commissioners approved the request on January 6, 2003. On May 5, 2003, believing the Exemption Plat to have been approved and recorded, Applicants conveyed a 5 acre, more or less, portion of the property to the City of Rifle as a park. The S acre portion of the property was conveyed by a Special Warranty Deed in Lieu of Condemnation and subsequently annexed into the City of Rifle. On July 22,2003,the Exemption Plat was recorded in Office of the Garfield County Clerk and Recorder without reference to the parkland conveyance. Accordingly, in order to clarifu the property and request at issue, Applicants ask that the Board of County Commissioners exempt by resolution the division of now what is a 43.717 acre, more or less, tract of land into one tract of 41.376 acres, more or less, (Parcel B) and one tract of 2.201 acres. more or less, (Parcel A) from the definitions of "subdivision" and "Subdivided Land" as the terms are used and defined in C.R.S. $ 30-28-101(1O)(a)-(d) and the Subdivision Regulations. Applicants incorporate by reference the Subdivision Exemption Application dated September 3,2002. Also included with this Request are an updated list of owners within 200 feet of the Property, a current sketch Exemption Plat, and a statement of authorization' No further changes in the September 3,2002 exemption request are proposed. Barbara C. Burwell Attorneys for Applicants Stuver, LeMoine & Burwell, P.C. 120 West Third Street P.O. Box 907 Rifle, Colorado 81650 (970) 62s-r887 Stuver, LeMoine & Burwell, P.C. are our attorneys inthis matter and are authorized to represent us in the processing of this application. Richard W. Rhoades 2177-044-31-0i I 2177-044-31-012 JDC, Limited Liability Company 426 Railroad AvenuE fufle, CO 81650 2177-044-3i-014 Owen L. Jacobs and Eileen 2334 AcaciaAvenue RiIle, CO 81650 2177-033-00-007 WSJ, LLC P.O. Box 1926 Rifle, CO 81650 2177-034-00-028 Fox Run Meadows, LLLP P.O. Box 8080 Aspen, CO 81612 2177-033-00-011 Redflower Properties Co. 624E, Hopkins Avenue Aspen, CO 81611 2t77-033-00-008 Rifle Creekside Estates, LL( P,O. Box 786 Aspen, CO 81611 217 7 -033 -00-004, 217 7 _032_03 _00 I 2177-044-00-032 City of Rifle P.O. Box 1908 Rifle, CO 81650 2177-044-00-030 Michael W. and Jennifer L. P.O. Box 605 Rifle, CO 81650 2177-A*-00-006 Western Slope Communications, LLC 751Hoizon Court, Suite #200 Grand Junction, CO 81501 2177:044-23-010 Robert Marshman and Lola I 2303 Acacia Avenue Rifle, CO 81650 2177-044-04-001 Creekrneadows Condo. Owner,s Assoc. Attn: Carrol G. Wilson 389 S. 9th Sheet Rifle, CO 81650 2177-044-24-001 Steven J. Wilson and Natalie 3328.26th Street Rifle, CO 81650 2t77-044-24-002 GregoryAlen and Denise Renee Ibsen 34OE.26th Street Rifle, CO 81650 2177^044-24-003 Rony E. Galicia and Monica 2601 Acacia Avenue Rifle, CO 81650 2177-044-24-004 Douglas J. Martin and Jolene D. Martin 2603 Acacia Avenue Rifle, CO 81650 2177-044-23-003 Norma Ojeda 355 E, 26th Street Rifle, CO 81650 2177-044-t9407 Eunice N, Benton 371E.26m Street Rifle, CO 8i650 2t77-044-t9-006 Valerie Gayle Sills 363 E.26ft Skeet Rifle, CO 81650 Names and addresses . rwners of record exemption and mineral owners of record of lands within 200 fe,. of th,: proposed for the exempted parcels )owns Jacobs Lhoades 4arshman J. Wilson vlendizabal tfl7-044-23-004 Michael Dromgool and Dawn Diane Dromgool 2525 Acacia Avenue Rifle, CO 81650 2177-044-23-00s Leonel Mendoza Ayala a Carmen Nunez Sosa 2519 Acacia Avenue Rifle, CO 8i650 2177-044-23-006 Trent Martin and San&a Kay pressler 2507 Acacia Avenue Rifle, CO 81650 2177-044-23-007 Steven M. Webb 24L7 Acacia Avenue Rifle, CO 81650 2177-044-23-008 Jill E. Swartout 2405 Acacia Avenue Rifle, CO 81650 2177-044-23-009 Levy E. Burris and Jacque L 5411 County Road 346 silt, co 81652 2t77-044-31-018 Diana L. Grant 24lA Acacia Avenue Rifle, CO 81650 2177-044-3r-0t't Joseph K. Lacount and Pame 2392 Acacia Avenue tufle, CO 81650 2177-044-31-010 Dee Dee A. Beny 2176 Acacia Avenue Rifle, CO 81650 2177-044-31-00e Jeff Odor 2754 Acacia Avenue Rifle, CO 81650 2177-044-31-008 Michael D. Smith and Teresa L. Smith 2132 Acacia Avenue Rifle, CO 81650 2177-091-13-070 Savage Limited Partnership 5953 CountyRoad 320 Rifle, CO 81650 217 7 -044-37 -039, 217 7 _044_37 _001 2t7 7 -044-37 -025, 2177 _044_37 _026 Deerfield Park, LLC 548 S. Monarch, Suite #203 Aspen, CO 8161I 2t77 -044-32-001, 217 7 -044_ 217 7 -04 4-3 t -02t, 217 7 -044- 2t77-044-31-016 Jack D. Mclaughlin 248 Columbus Canyon Road Grand Junction, CO 81503 2177-044-31-007 Aaron S. Cordova and Amber L. Cordova 2110 Acacia Avenue Rifle, CO 81650 2177-044-31-013 Siamak Shahrokh and Teresa 2312 Acacia Avenue Rifle, CO 81650 2777-O9t-00-016 James C. Arnold and Jo Ellen Amold 820 Railroad Avenue Rifle, CO 81650 Mineral Owners of the SE% The Bookcliff Council o Humanities P.O. Box 984 Rifle, CO 8i650 Evvv, vvu ld Maria Del Buris Lacount r 1-020 l 1-015 L. Shahrokh SE% Sec. 4: n Arts and