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Home My WebLink About1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSIONERS 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 undersigned c) \AI Vie respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of, GSD acre tract of land into d tracts of approximately _ L�. / 1 , 9 D 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: e,e 11e el i 6 no� Svc)r 0c� rr C c f—�t;rr,� 1J.S�. �1'�c� � CA2, —�v I r r , �, r-) rel ei (� `�• J 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 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 1'j‘Ni1 b qac , ,- . W r; 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. /Petitioner 1,3) x >3_‘R Mailing Address Cc7/ e9t/Dc7C E E_ City State 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 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. • 1 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. IMO GARFIELD COUNTY BUILDING AND PLANNING October 20, 1993 Mr. J.W. Weaver P.O. Box 1368 Carbondale, CO 81623 RE: Weaver Subdivision I xemptioii Dear Mr. Weaver: As we have discussed, I have reviewed your adjacent property owners list with the records in the Assessor's Office for compliance with our regulations. Based on this review, I have identified the following property owners who must receive notice by certified mail: Rifle Land Associates, LTD Attn: Robert E. Chancellor 165 S. Union Boulevard Lakewood, CO 80228-2213 Lauro and Santos Amaya 0552 County Road 352 Rifle, CO 81650 Kevin and Tanya Madison 0918 County Road 352 Rifle, CO 81650 Mobile Oil Corporation P.O. Box 290 Dallas, TX 75221 Board of County Commissioners Garfield County 109 8th Street Glenwood Springs, CO 81601 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 M N J.W. Weaver October 20, 1993 Page 2 I have also enclosed a revised public notice for your use, which omits reference to Larry Amaya. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Siri Dave Michaelson Planner Enclosures DHM/dhm PUBLIC NOTICE TAKE NOTICE that J.W. Weaver has applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in connection with the following described property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: See Attached Practical Description (location with respect to highway, County Roads and residences): Located south of the Garfield County Airport off C.R. 352. Said Subdivision Exemption is to allow the Petitioner to divide a 25.90 tract into two (2) tracts of approximately 12 and 13.90 acres in size on the above described property. All persons affected by the proposed Subdivision Exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such Subdivision Exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Subdivision Exemption. This Subdivision Exemption Application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5 p.m., Monday through Friday. That Public Meeting on the application for the above Subdivision Exemption request has been set for the 15th day of November, 1993, at the hour of 2:30 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County GARFIELD COUNTY BUILDING AND PLANNING October 15, 1993 Mr. Jeff Deatherage Water Resources Engineer Office of the State Engineer 1313 Sherman Street, Room 818 Denver, CO 80203 RE: Weaver / Amaya Subdivision Exemption (Section 19, T6S, R92W) Dear Jeff: Please find enclosed an application for a subdivision exemption from J.W. Weaver and Larry Amaya, located south of the Garfield County Airport of off CR 352. The applicant's are requesting an exemption to split a 25.90 acre parent parcel into two (2) parcels of 12 and 13.90 acres in size. I have included an assessor's map for your reference. The public hearing before the Board of County Commissioners has been scheduled for November 15, 1993. If you have any questions, feel free to give me a call. Sin9erely, Dave Michaelson Planner DHM/dhm Enclosures 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • GARFIELD COUNTY • BUILDING AND PLANNING October 14, 1993 Mr. J.W. Weaver P.O. Box 1368 Carbondale, CO 81623 RE: `beaver/Amaya Subdivision Exemption Dear Mr. Weaver: Your application for a Subdivision Exemption has been scheduled for a public meeting before the Board of County Commissioners on November 15th, 1993 at 2:30 p.m. in the Commissioners' Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the meeting. Copies of the enclosed exemption public notice form need to be mailed by certified return - receipt to all property owners adjacent to or within 200 ft. of your property at least 15 days, but not more than 30 days, prior to the meeting. In addition, the notice needs to be mailed by certified return -receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for exemption, at least 15 days, but not more than 30 days, prior to the meeting. The certificates of mailing and return -receipts from these mailings need to be presented at the time of the meeting or submitted to the Planning Department prior to the meeting. The exemption site must also be posted with the enclosed Notice poster, visible from a County Road, at least 15 days, but not more than 30 days, prior to the meeting. The only remaining issue is regarding a legally adequate water supply for the lot you are creating. If you are planning on obtaining City water, you must submit approval from the City as soon as possible. If you have further questions or concerns regarding the meeting or public notice requirements, please contact this office. Si Dave Michaelson Planner Enclosures DI 1M/dhm 1098111 STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 • 1 PUBLIC NOTICE TAKE NOTICE that Larry Amaya and J.W. Weaver have applied to the Board of County Commissioners, Garfield County, State of Colorado, to grant a Subdivision Exemption in 11" connection with the following described property situated in the County of Garfield, State of �i { Colorado; to -wit: Legal Description: See Attached Practical Description (location with respect to highway, County Roads and residences): Located south of the Garfield County Airport off C.R. 352. Said Subdivision Exemption is to allow the Petitioner to divide a 25.90 tract into two (2) tracts of approximately 12 and 13.90 acres in size on the above described property. All persons affected by the proposed Subdivision Exemption are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state your views by letter, particularly if you have objections to such Subdivision Exemption request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Subdivision Exemption. This Subdivision Exemption Application may be reviewed at the office of the Planning Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 a.m. and 5 p.m., Monday through Friday. That Public Meeting on the application for the above Subdivision Exemption request has been set for the 15th day of November, 1993, at the hour of 2:30 p.m., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • nthe•Eit Z-5:41. 0 A , Y !Airy A)0 4 4 A/O. ig 06 4 -6-9 .4t itt;•4' 4 - 7- Jg 2-1701_ 141.2. Litt% poAno?ik''4.4‘..1 °k • •••••• .••••". ••••••• , •____..._, g:=1,41,1ste...1-14X. ,••••L•••••. - -- LI1¼1 /.1 - 144 5ro,te. 44' 'It cge..5k-et) it V, - : '‘ /Mato • • • g 05 • '4.4" "" 44-`4A,,..10•04,14, 4,0.0 g • •••••..n.." 071.01•717.1.7111111.70 air L e.ri s -G , A ?74 book 4 ric. 51C.7/DI l() 03' ' 9 -2 1,4f / 30 7/ •l!ao!./ 4L4cir 6 ir 3 46 • 114; , /(;-----.• 1°8 1•1/44. 5 15 i c t 0 5Er