HomeMy WebLinkAbout1.0 ApplicationBEFORE TI11IARD OF COUNTY COMMISS•ERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the
Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersignedrespectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of 328 acre tract of land into 2 tracts of approximately _
323 acres dnd 5 acres eaeh, 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:
ciq-e5er? f owner of X328 acre *act,rn y f then, (06k Organ,
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SUBMITTAL REQUIREMENTS: (
An application which satisfies the review criteria must be submitted with all the following
information:
A. Sketch map at a minimum scale of 1"=200' showing the legal description of the
property, dimension and area of all lots or separate interests to be created, access
to a public right-of-way, and any proposed easements for drainage, irrigation,
access or utilities;
B. Vicinity map at a minimum scale of 1 "=2000' showing the general topographic
and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter from the
property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land 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 of municipal water or sewer system is proposed,
a letter from the governing body stating a willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on January 1, 1973
or the parcel as it exists presently is one of not more than three parcels created
from a larger parcel as it existed on January 1, 1973.
J. A $300.00 fee must be submitted with the application.
'etitioner (/
02J3 (313 )�c1,
Mailing Address
M L't fids fle , 536117
City State
E76 - 22 52 -
Telephone Number
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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 additional factors listed in Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created
from any parcel, as that parcel was described in the records of the Garfield County
Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded
subdivision; however, any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or natural feature,
preventing joint use of the proposed tracts, and the division occurs along the public
right-of-way or natural feature, such parcels thereby created may, at the discretion of
the Board, not be considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and any necessary access
easements have been obtained or are in the process of being obtained; and
D. Provision has been made for an adequate source of water in terms of both the legal and
physical quality, quantity and dependability, and a suitable type of sewage disposal to
serve each proposed lot; and
E. All state and local environmental health and safety requirements have been met or are
in the process of being met; and
F. Provision has been made for any required road or storm drainage improvements; and
G. Fire protection has been approved by the appropriate fire district; and
H. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms provided by the
Garfield County Department of Development/Planning Division. Two (2) copies of the
application maps and supplemental information shall be submitted.
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B. The Planning Division shall review the exemption request for completeness within eight
(8) days of submittal. If incomplete, the application shall be withdrawn from
consideration and the applicant notified of the additional information needed. If the
application is complete, the applicant shall be notified in writing of the time and place
of the Board of County Commissioners meeting at which the request shall be
considered. In either case, notification shall occur within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return receipt requested,
to owners of record of land immediately adjoining and within 200 feet of the proposed
exemption, to mineral owners and lessees of mineral owners of record of the land
proposed for exemption, and to tenants of any structure proposed for conversion. the
exemption site shall be posted clearly and conspicuously visible from a public right-of-
way with notice signs provided by the Planning Division. All notices shall be mailed at
least fifteen (15) and not more than thirty (3)) days prior to the meeting. The applicant
shall be responsible for mailing the notices and shall present proof of mailing at the
meeting.
D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally
approve or deny the exemption request. The reasons for denial or any conditions of
approval shall be set forth in the minutes of the meeting or in a written resolution. An
applicant denied exemption shall follow the subdivision procedure in these regulations.
• •
A., B., Legal description of property and vicinity map:
(Please refer to survey map submitted)
C. Letter from property owner:
To Whom if May Concern:
As present owner of the 329 acre property from
which the 5 acre parcel exemption is being requested;
it is my intent to deed said parcel as a gift to the
applicant, my daughter, Kenda Spaulding.
Respe_tfully,
Dick Morgan
1\40P&A-0/ SPA(>L ,19 11\1 PAGE- EX EMO / aN) P -T/ n CD /Ni
D. Names and addresses of owner of record o'' land immediately
adjoining and within 200 feet of the proposed exemption:
Richard Morgan
1107 County Rd. 294
Rifle, Co 81650
E.
Owner of minerals,'
Wayne Hall
1359 County Rd. 294
Rifle, CO 91650
Soil types and characteristics:
Red Loam
F. Source of water:
Drilling of well scheduled upon approval of exemption
Method of sewage disposal:
Septic tank and leech field
Letter of approval of fire protection plan from
appropriate fire district:
Letter from Stu Cerise of the Silt Are Protection District
is2bein)g sent to Planning and Zoning Dept.;(should arrive by
4-
G. N.A
H. Exemption is being requested for the following reason:
To present the property as a gift from Dick Morgan
to his daughter, Kenda Spaulding, and her family in order
that the Spauldings may build a single family dwelling
I. This parcel is part of a 328 acre ranch which has existed•
as described in, its present legal description since prior
to 1973. Iia athen parcels have been created from the ranch.
(lORAN I SPAt) --CD, PAGE 2_ I EXEMPT ION PE-- T I TI QNf
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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
June 10, 1993
Mr. Dave Michaelson
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Morgan Subdivision Exemption
Sections 12 & 13, T 7 S, R 92 W, 6TH P M
Division 5, Water District 45
Dear Mr. Michaelson:
o 1 4 1993R`ri6.12:Qm e
CITA:1 f.1..t .D �„ ,.2'l +;KCn Salazar
zllf } Executive Director
Hal D. Simpson
State Engineer
We have reviewed the above referenced proposal to separate a 328 acre parcel into two
parcels of 5 and 323 acres each. The proposed water supply is indicated as an individual well. An
application (receipt no. 353050) for a domestic well located in the NE 1/4 of Sec. 13 has been
received in this office. This application is to be returned to the owner for correction and additional
information.
The property is located in an overappropriated area, the Colorado River drainage.
Generally, in overappropriated areas, new well permits are not available on parcels of less than 35
acres in size that were created after June 1, 1972 without a water court approved plan for
augmentation. If the 328 acre property was recorded with the county prior to June 1, 1972, we
may be able to issue one household use only permit for the 5 acre lot. The availability of a well
permit and our recommendation for approval is subject to the following conditions:
1. The property has not been previously subdivided or exempted since 1972. We
consider this as a one-time exemption and will not make additional permits available
for future splits involving parcels of less than 35 acres.
2. The well permit which will be available for the 5 acre parcel will be limited to use
inside one single-family dwelling only. Outside use for lawn and garden irrigation
or livestock is prohibited. Plat notes and covenants should reflect this limitation.
3. The applicant should provide proof that an evaporative wastewater system will not
be required. We could not issue the well permit if any evaporative system is
required.
• •
Dave Michaelson Page 2
June 10, 1993
4. Prospective lot purchasers should be made aware of the limitations on water use and
other information contained in this letter. We recommend that a copy of this letter
be given to lot purchasers and submitted with the well permit application.
If the above provisions are acceptable to the applicants, we recommend approval of this
proposal using a household use only well permit. As an alternative, we recommend approval of this
proposal using the above referenced domestic well permit to supply this 5 acre parcel, contingent
upon the applicant obtaining the domestic well permit. Typically, a domestic well permit may be
available only if the applicant can specify a parcel of 35 acres or more for which the well will be
the only well (used for domestic purposes). A domestic well permit will allow for use in up to three
single family dwellings (if specified on the application), fire protection, watering of domestic
animals, and the irrigation of not more than one acre of home lawns and gardens.
Please let us know if you have any further questions.
Sincerely,
JeLl 7CJAAAil
John Schurer, P.E.
Senior Water Resource Engineer
JS/jd
morgan.rev
cc: Orlyn Bell, Division Engineer
Bob Klenda, Water Commissioner
Bruce DeBrine
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