HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTIOli
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 undersigned Will iam D. Rowe respectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of 154.36 acre tract of land into 2 tracts of approximately _
137.14 & 17.22
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:
17.22 acre parcel with home to be sold by Mr. William D. Rowe to Mr. Oliver Perin.
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with all the following
information:
A.
"C.
D.
G. t
-- H.
• I.
J.
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
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
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 $300.00 fee must be submitted with the application.
William D. Rowe
Petitioner
14966 Trafalgar Court
Mailing Address
Addison Texas 75240
City State
(214) 661-1982
Telephone Number
• •
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
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
f
,H. Any necessary drainage, irrigation or utility easements have been obtained or are in the
process of being obtained; and
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.
111
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, .0,417,,
to owners of record of land immediately adjoining and it ' et 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 sit- .. . .osted clear] and cons • icu. . u .. • ' 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 making 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.
r •
March 12, 1993
Mr. David H. Michaelson
Planner
Garfield County
Regulatory Offices & Personnel
Garfield County Courthouse
109 8th Street, Suite 303
Glenwood Springs, Colorado 81601
Dear David:
Enclosed is the petition for exemption for my 17.22 acres in Garfield County in the West
Divide Valley South of Silt.
Following is a summary of the submittal requirements: Items A & B are included on the
new plat of the property which is attached.
C. Copy of the description of the property bought on July 1985 which contains the 17.22
acres as attached. (See Stewart Title Exhibit B)
D. Names and addresses of owners of record immediately adjoining the property other
than myself there is only one; Mr. B. Pat Green
4359 County Rd. 342
Silt, Colorado 81652
Phone (303) 876-2444
E. It is my understanding that the planning staff is coordinating the gathering of the soil
type information.
F. Domestic water source - David, it's my intention to convey an access and
maintenance easement across my property to the spring and pump house which lies
to the Northeast of this 17.22 acres. The spring and pump house on my property has
provided adequate water to this house since it was constructed more than twelve
years ago. The fire protection plan would not change. The surveyor, Mr. Mid
Coolbaugh can amend the legal description to include this conveyance.
G. Municipal water and sewage - not applicable.
H. The exemption is being requested because the current owner, W.D. Rowe, plans to
sell the house and 17.22 acres to Oliver Perin which is less than the thirty-five acre
automatic exemption under Colorado law. W.D. Rowe contemplates no other
subdivision or sale less than thirty-five acres.
rr
I. This proposed parcel of 17.22 acres has consisted as a part of the 154.36 acre parcel
as designated by the Garfield County Assessor Schedule #023362. (See exhibit
attached)
J. A $300.00 fee must me submitted with this application, a check is attached.
David, it would be greatly appreciated if you could enter this petition for exemption at the
next upcoming meeting of the planning commission. I will be in touch with you in the next
few days to see if any additional information needs to be provi . - d.
Best regadfd
illia a• 0 Ro
r
203 -A -T
(50M 11-84)
4
Ill
g DER NO. 1 12'75-G
0-60367'4
43679
Attached to and made a part of Stewart Title Guaranty Company Policy No.
A -tic . 4
Continuation of Schedule
PARCEL A
TOWNSHIP 8 SOUTH, RANGE 92 WEST OF THE 6TH P.M.
SECTION 1: LOT 4, St'B 11 -Dg, U3SWI, S16NS1N, AtIID ALL that part of
the SEVIHNI described as follows:
Beginning at the Southwest korner of said SE3NW4
whence the West quarter corner of said Rection
bears N. 89°52' W. 1227.52 feet;
thence along the South line of said SEWN
S. 89^52' E. 1055.90 feet to a point on the Heat
right of way line of the County road;
thence on said right of way line along the arc
of a 26°12' cur -re left 49.62 feet which arc
subtendE a chord bearing N. 34°34'34"'W. 49.51 feet;
thence U. 41°04` 34" H. 163.36 feet;
:hence along the arc of a 32-°16' c+.rvf left 110.31
feet which arc subtends a chott bearing N. 58°52'17"
0
W. 1.54 feet; _.�, 1
thence N. 76°40'01" W.', 148.6 feet;
thence along th arc of a 1 '31' curve right 157.61
feet - Ich'arc . ubtends a chord bearing N. 67°34'27"
H. 1 .3.96 feet; 1
then, e U. 53°730'57.."14. 304.69 feet;
thenc alon the arc of a 24°54' curve right 124.49
feet 1•7 arc subtends a chord bearing N. 41°05`52"
W. 122.99 feet to the Hest line of said SEWW3;
thence S. 0°05'50" W. 610.56 feet to the point of
beginning.
SECTION 22 LOTS 1 AND 2, ShNE11, 3E4
SECTION 11 ALL
SECTION 12: UHVI , S3tJH1/4, Sim, SWE31
EXCEETIt1G FROM THE ?ABOVE THE FOLLOWING IING DESCRIBED PARCELS OF LAUD:
(1) A Parcel of land located in the NENSW4 of Section I,
as described in Deed recorded July 7, 1966, in Book
377 at Page 286 as Reception No. 235285.
(2'' A Parcel of land situated in the mitiN4 and the NWW
�f Section 11, Township 8 South, Range 92 Hest of the
6th P.M. lying Easterly of the Westerly line of said
Section 11, Southerly of the northerly line of said
Section 11 and Westerly of the Wetterly right of way
See Continuation Page
2A
Page
STEWART TITLE
GUARANTY COMPANY
Attached to and made a part of Stewart Title Guaranty Company Policy No.
Continuation of Schedule
fence of County Road No. 331, said Parcel of land is
described as follows:
Beginning at the Section Corner common to Sections 2,
3, 10 and 11 in said Township and Range;
thence U. 89°45'15" E. 977.76 feet along the Northerly
line of said Section 11;
thence S. 11424'10" 4. 859.48 feet;
thence S. 79°23'05" E. 113.61 feet;
thence S. 63°04'49" E. 115.25 feet to a point in said
right of way fence;
thence along said right of way fence S. 22°08'22" W.
1269.06 feet;
thence S. 04°27'40" E. 50.19 feet;
thence S. 19°30'33" W. 298.77 feet;
thence S. 37°51'48" W. 277.92 feet; >,
thence S. 23°34'52" W. 597.57 feeta__ q
thence S. 33°11'46" W. 73.76 feft ta poin on the
Westerly line of said Sec.t.ion 11;
thence N. 00°02'30" E. long' he sterly line of said
Section 11, 600.26 fee to the Wes Quarter Corner of
said Section tIr` 1
thence U. sit 01'41" E. long h ► Westerly line of said
Section 11, 2646.65 feet "tn''the northwest corner of said
Section 11, o the/oint of beginning.
203 -A -T
(50M 11-84)
TOWNSHIP 8 SOUTH, RANGE 92 WEST OF THE 6TH P.M.
SECTION 2: LOTS 3 & 4, and the SEls of the Ni41$, and the ttE4SM4.
COUNTY OF GARFIELD
STATE OF COLORADO
Page 2B
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STEWART TITLE
GUARANTY COMPANY
ALTA OWNER'S POLICY — Amended 10/17/70
FLH/DB
Order No.: 12773"G
DM* gf ' .s 2,
1. Name of Insured:
EaILLIAt-t D. F0WE
SCHEDULE A
19135 At 10:22 A.M.
Policy No.:
0-603679
Amount of Insurance: $ 1,200,0'10.00
2. The estate or interest in the land described herein and which is covered by this policy is:
FEE 3IME'LE
3. The estate or interest referred to herein is at Date of Policy vested in:
NILLIAt4 Er. RODE
4. The land referred to in this policy is described as follows:
"EF_ PAGE 2A & 2B
A rrHORI ZED C0 J!Ii'ER5IG@I?1TURE
STEWART TITLI:
•
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. W-3177
IN THE MATTER OF THE APPLICATION
FOR WATER RIGHTS OF
KEi;?ER CATTLE COMPANY RANCH
I'; THE C;)LU ' DO
OR ITS TRIBUTARIES
TRIBUTARY INVOLVED: ALKALI CREEK
IN GARFIELD COUNTY
FILED
�`���
�. I
INI �:_: CJS .,,.I.
-(44e1 11.1
`r.AT rn CL
RULING OF REFEREE
The above entitled application was filed on September 29, 1976, and
was referred to the undersigned as Water Referee for Water Division No. 5,
State of Colorado, by the Water Judge of said Court on the 5th day of Octo-
ber, 1976, in accordance with Article 92 of Chapter 37, Colorado Revised
Statutes 1973, known as The Water Rights Determination and Administration
Act of 1969.
And the undersigned Referee havinv made such investigations as are
necessary to determine whether or not the statements in the application are
tr -, and havi. v beco: e' f-•.:lly advised with respect to the .,sbjeet matter of
the application does hereby make the following determination and ruling as
the Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is KCC Spring No. 1.
3. The name of the claimant and address is Robert C. Kemper (dba
Keeper Cattle Company); Box 55A, Route 1; Silt, Colo.
4. The source of the water is a spring tributary to Alkali Creek,
tributary to the Colorado River.
5. The spring is located in the NEk NWk of Section 11, T.3S., R.92W.
of the 6th P."% at a. point whence the North Quarter Corner of said Section
11 bears N. 33°32' E. 1,154 feet.
6. The use of the water is irrigation, livestock water and domestic.
7. The date of initiation of appropriation is April, 1975, by survey.
8. The amount of water claimed is 0.0334 cubic foot of water per
second of time, .absolute.
9. The water is used as a source of supply for KCC Reservoir No. 1,
and also to irrigate land belonging to the applicant.
10. The rater has been diverted and applied to the above beneficial
Uses.
The Referee_ does therefore conclude that the above entitled applica-
tion should he granted and that 0.0334 cubic foot of water per second of
time hereby Is awarded to the KCC Spring No. 1, for irrigation, livestock
water and domestic uses, with appropriation date of the 30th day of April,
1075, absolutely and unconditionally; subject, however, to all earlier
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priority rights of others and to the integration and tabulation by the
Division Engineer of such priorities and changes of rights in accordance
with law.
It is accordingly ORDERED that this ruling shall be filed with the
'.dater Clerk and shall become effective upon such filing, subject to Judicial
review pursuant to Section 37-92-304 CRS 1973.
It is further ORDERED that a copy of this ruling shall be filed with
the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, thisj..,gday of
1149A?c7M , 1977
BY THE REFEREE:
Water ree '
Wate ivision No. 5
State of Colorado
8S. ,G-? 92 IN° of THE 6TH P°/V?'
300( k/firer Y
a. powCo
NENW'/;
S ECL //)
3/',P/NG A.Pfn
MAP OF
KCC SPRING NO. I AND STOCKWATERING POND
GARFIELD COUNTY
COLORADO
Said spring is situated in the NEAN'W,} of Section II,
Township 8 South, Range 92 West of the Sixth Principal
Meridian located at a point whence the North Quarter
Corner of said Section II bears: N.33°32'00" E. 1154.00
feet.
SCARROW AND WALKER, INC.
P.O. BOX 460
GLEN'rl00D SPRINGS, COLORADO
Wright Water Engineers, Inc.
DENVER OFFICE
2490 West 26th Ave., Suite 100 A
Denver, Colorado 80211
(303) 480-1700
April 6, 1993
Midford Coolbaugh, L.S.
Shale Country Surveying
215 Hutton Avenue
Rifle, Colorado 81650
RE: Rowe Exemption — Potable Water Supply
Dear Mid:
GLENWOOD SPRINGS OFFICE
818 Colorado Avenue
P. O. Box 219
Glenwood Springs, Colorado 81602
(303) 945-7755
Denver Direct Line: 893-1608
At your request, we have reviewed the water supply associated with the Rowe exemption
located in Section 2, Township 8 South, Range 92 West of the 6th P.M. in Garfield County.
We reviewed your map showing the location of the spring and pump house. Based upon our
field visit and a .review of our files, we believe the water supply is from KCC Spring #2
(adjudicated 3/28/77) in Case W-3177. The KCC Spring #2 is decreed for 0.0167 cfs (7.5
gpm) for irrigation and livestock uses. The spring is one of the sources of supply for KCC
Reservoir #2. The spring is not decreed for domestic use.
During our field visit, the overflow into the reservoir from the spring pipeline system at the
pump house area was estimated at 5 to 10 gpm. The overflow from the reservoir was
measured at approximately 30 gpm.
Based on our field visit and a review of topographic and geologic maps of the area, it appears
the spring will provide an adequate domestic supply for the existing house located on the
proposed 17 -acre parcel shown on the map titled Rowe Exemption, prepared by Shale Country
Surveying and dated 2/26/93. In the fall/winter of a drought year, the spring may not provide
a full domestic supply,
Since the spring is not decreed for domestic use, a change in use for the KCC Spring #2 to
include domestic uses should be obtained from the water court.
Please let me know if you have any additional information regarding a past change -in -use water
right filing or a new water right filing for the system. We could not find any in the most
recent water rights tabulation at the State Engineer's Office.
Midford Coolbaugh, L.S.
Shale Country Surveying
April 6, 1993
Page 2
We believe it would be a simple water court filing to obtain a domestic use for the spring
water. It would likely involve a small amount of augmentation water from the KCC Reservoir
and possibly a dry -up of less than 1 acre of land. If we can assist you with this matter, please
let us know.
Please call if you have any questions.
Very truly yours,
WRIGHT WATER ENGINEERS, INC.
By
MJE/blh
931-039.000
Attachments
Michael J.
Project Mager