HomeMy WebLinkAbout1.0 ApplicationPursusant
amended, and
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OC
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
to C.R.S. (1973) Section 30-20-101 (10) (a) - (d) as
the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984
JOYCE RISLEY
Section 2:20.49, the undersigned
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 15.160 acre tract of land into__ 2_____tracts of
5 Acres &
approximately_1Q.160 ___acres eY90, 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 Lhe reasons stated below:
To create an ads itjona1_homesite and_.in so.1ning put to better-u..se_acr�age-which----
is now only waste land.
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 Lo 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
Proof of legal and adequate source of domestic wager 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 or municipal water or aewer 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 Marcel as il:
existed on January 1, 1973.
J. A 100.00 fee must be submitted with the application.
E.
Pet:* : ion'. r
R n x 41.2,-
Mai.ling Adress
Parachute
City
0031 285-7639
Telephone Number
Col 0 816'35
State
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 i►npai.r 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 ►niniraun►, all of the review criteria
listed below. Compliance with the review criteria, however, does not
ensure exemption. The Board also may consider additonal 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 ter.n►s of
both the legal and physical quality, quantity and dependability, ar►d a
suitable type of sewage disposal Lo 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.
H. Any necessary drainage, irrigation or utility easements have I►een
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.
B. The Planning Division shall review the exemption request for
completeness within eight (8) days of submittal. If incomplete, tl►e
application shall be withdrawn from .consideration and the applicant
notified of the additional infor►nation needed. If the application is
complete, the applicant shall be notified in writing of the Lime 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.
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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 exe►nption, 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 (30) 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 Lhe 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.
•
BEFORE 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 Couty, Colorado, adopted April 23, 1984 Section 2:20.49,
the undersigned' i �' /_ ,/f; y respectfully petitions
the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution
the division of /6', /4e) acre tract of land into
tracts of approximately _
/C> 'f- =�': /6. 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
1 f �, property, dimension and area of all lots or separate interests to be created, access
N 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
f 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.
f r` P pc. Copy of the deed showing ownership by the applicant, or a letter from the
P property owner(s) if other than the applicant; and
+h D. Names and addresses of owners of record of land immediately adjoining and
within 200 feet of the proposed exemption, mineral owners and lessees ofmineral
ti� �, t C" owners of record of the property to be exempted, and tenants of any structure
fr 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 �,r
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.
�Petittiio n
Mailing Address
Cites
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.
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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 (30) 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.
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U.S. Department of Agriculture '� Page - 1
Soil Conservation Service 6/6/94
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,
Fields Basements and Golf
Fairways
WANK
SEVERE SEVERE
Flooding Flooding
Wet
•
U.S. Department of Agriculture
Soil Conservation Service
Page - I
6/6/94
NONTECHNICAL SOILS DESCRIPTION REPORT
FOR DESCRIPTION CATEGORY - SOI
Survey Area- RIFLE AREA PARTS OF GARFIELD AND MESA COUNTIE
Map
Symbol
Description
72 WANN SANDY LOAM, 1 TO 3 PERCENT SLOPES This deep,
somewhat poorly drained, low-lying soil is on terraces
and bottom land in valleys. The soi.( formed in
alluvium derived primarily from sandstone and shale.
The upper part of the surface layer is sandy loam about
8 inches thick, and the lower part is fine sandy loam
about 4 inches thick. The upper part of the underlying
material is mottled, fine sandy loam and sandy loam
about 24 inches thick, and the lower part is mottled
coarse sandy loam to a depth of 60 inches.
Permeability is moderately rapid, and available water
capacity is low or moderate. Effective rooting depth
varies with the level of the water table but is usually
about 2 feet. Runoff is slow, and the erosion hazard
is moderate. Depth to the water table ranges from 2 to
3 feet. Water ponds in spring. This soil is
occasionally flooded for brief periods between April
and July.
•
•
3
Grand
Val -Y
72
58
66 34
4
56
58
58
56
56
58
18
58 BATTLEMENT EY
56
56
_� 58
Monument . r�
56
i5
65
56
56
55
56
56
58
24
19
58
34
67
58
_ k _ 111.. ►SAY _,�.�i..1�J
on no. 2785711 E11a Stephens. Recorder
CONTRACT OF SALE
This agreement made and entered
ay, 1974, by and between Bessie E.
Colorado, hereinafter designated as
8004496 PAGE607
STATE DOCUMENTARY FEE
1/3
into this 10th day of
Lindauer of Grand Valley,
"Seller", and Joyce Risley
..•...........
3015 Beach Hill Drive, Spring Valley, Ohio, hereinafter designated
as "Buyer".
WITNESSETH;
That for and in consideration of the payment of the purchase
price and the keeping of the covenants herein provided, Seller agrees
to sell and Buyer agrees to buy the following described property
located in Garfield County, Coloradol
A total of 17 acres more or less in the S1 of the
NE4, Section 13, Township 7 South, Range 96 West of
the 6th P.M. consisting of the 5 -acre parcel described
on Exhibit "A" hereto, and additional 5 -acre parcel
Easterly of the parcel described on Exhibit "A" hereto
and contiguous thereto, and an additional parcel of 7 acres
more or less likewise Easterly and contingent.
The purchase price shall be at the rate
acre for the Westerly 10 acres and at the rate
acre for the Easterly 7 acres more or less and
$5,000.00 down upon execution of this contract
of $1,500.00 per
of $2,500.00 per
shall be payable.
and the balance
payable with interest at the rate of 71% per annum, payable with
principal, in principal installments of $3,000.00 on the first,
second, and third anniversaries of the signing of this contract
and the balance of the purchase price on or before the fifth
anniversary of the signing of this contract.
Seller shall cause to be surveyed and a description prepared
for the above described property at her expense on or before July 15,
1974.
The parties shall share equally in the expense of obtaining
title insurance on the above described property and in the event
said title insurance shall show exceptions or encumbrances other
than patent reservations, prior reservations or easements and rights-
of-way of record or in use, Buyer may at her option receive back
her downpayment and this contract declared null and void.
SCD
l7
7 •
Tom`YUTl Rlrp n
.;,. L .1 11 f..1 r
Colo.
TN TTTE 'DISTRICT COURT IN AND
7OR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. W-2779
IN THE MATTER OF THE APPLICATION
FOR . WATER RIGHTS OF JOYCE RISLEY
IN THE COLORADO RIFER
IN GARFIELD COUNTY
' tri
az- e.c,.• ci kitaZ4Z1c y
RULING OF PEFEP1 F
The above entitled application was filed on September 3, ]q75,
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 8th day of Octo-
ber, 1975, 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 having made such investigations as are
necessary to determine whether or not the statements in the application are
true and having become fully advised with respect to the subject 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 except for an error
in stating the amount of water which has been applied to beneficial
This error has been corrected in this ruling.
2. The name of the structure is Joy -Ridge Well No. 1
3. The name of the claimant and address is Joyce Risley; P.O. Box
271; Grand Valley, Colorado.
4. The source of the water is a well having a depth of: 24 feet.
5. The wellis located in the NW; SE-'; of Section 13, T. 7S, , R.96W.
of the 6th P.M. at a point 1,820 feet North of the South line and 2,300 feet
West of the East line of said Section 13.
6. The use of the water is commercial, domestic, fire protection
and irrigation.
7. The date of initiation of appropriation is July 17, 197/..
8. The amount og water claimed is 0.352 cubic foot ofi water pet se-
cond of time.
9. On August 13, 1.974, Permit No. 18695-F was issued by the Office
of the State Engineer subject to the following conditions of approval:
This well shallbe used in such a way as to cause no materialinjury
to existing water rights. The issuance of the permit does not assure the
applicant that no injury will occur to another vested water right or pre-
clude another owner of a vested water right from seeking relief in n civil.
court action.
(1) A DECREE FOR TIIIS APPROPRIATION MUST BE 0} TAINTED F11011 TIIE DISTRICT
COURT IN AND FOR WATER DIVISION NO. 5, STATE OF COLORADO, PRIOR TO TiIE USE
OF TIIIS WELL. TIIIS APPROVAL IS SUBJECT TO THF TERMS OF SAID DECREE.
(2) APPLICANT SHALL INSTALL TOTALIZING FLOW METER ON WELL AT THE TIME
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TITAT THE WELL IS PITT TO USE.
(3) APPLICANT SHALL MAINTAIN AND SUBMIT TO THE DIVISION OF WATER RE
SOURCES RECORDS OF ANNUAL EXTRACTION OF GROUND WATER.
10. The well has been completed and tested and is now nein; used as
domestic water for two mobile homes in the amount of 0.033 cubic foot of
water per second of time.
1.1. The applicant intends to increase the size of the mobile home
park, and also to use the water from the well for supplementalirrigation
on. 10 acres of the applicant's land.
The Referee does therefore conclude that the above entitled appli-
cation should be ;ranted and that an absolute decree for 0.033 cubic foot
of water per second of time and a conditional decree for. 0.319 cubic foot
of water per second of time is hereby awarded to the Joy -Ridge Jell No. 1
for commercial, domestic, Eire protection and irrigation purposes, with
appropriation date of July 17, 1.974, subject, however to all. earlier priority
rights of others, and to the integration and tabulation by the Division.
En?ineer of such priorities and changes of rights in accordance with law,
and further, subject to the conditions of approval on the drilling permit
as shown in paragraph 9 above.
As to the 0.310 cubic foot of water per second o E time conditionally
awarded, an Application for. a Quadrennialfinding of T:easou.able D:iligcnce
shall be filed in. December of 1979 and in Deccin':er of every fourth calen-
dar year thereafter so long as the claimant desires to ma'.ntain the c.ondi-
+Lional water right or until a determi.uatton has been made that the colli--
tional water ri"sht has become as absol.'.lt e water right by reason of the
completion of the appropriation.
It is accord:inoly ORDERED that Lh:ts ruling shall ha filed w:i.th. the
Water Clerk and shall become effective upon such filing, subject to judi_-
ci a.l 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, this
day o .f_ DAF ,4%_i�`/� , 197.>
BY THE REFEREE:
4egAL.
Tater Division No.
SLnt.e of Colorado
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GARFIELD COUNTY
PLANNING DEPARTMENT
May 18, 1988
Joyce Risley
P.O. Box 412
Parachute, CO 81635
Dear Mrs. Risley:
Per your request, I reviewed your property ownership with Don DeFord,
Garfield County Attorney. In brief, Mr. DeFord said that your 12.7 acre
parcel and 4.5 acre tract do not merge for the purposes of subdivision.
This determination is based on the fact that the 12.7 acre parcel was
created as a part of a Senate Bill 35 exemption action approved by
Resolution No. 81-356 and an action by the Board on July 15, 1974, to
create a larger 17.7 acre parcel. Because the 12.7 acre parcel is in
existence as a result of a resolution and other action approved by the
Board of county Commissioners, it does not merge with the 4.5 acre tract.
As a result, you could qualify for a Senate Bill 35 exemption request for
the 4.5 acre tract you purchased from the Smith Estate in 1984. This
assumes that you would be able to address all of the requirements for an
exemption. If you did not want to split the property, you could sell it
as it is presently deeded, and no one should question the applicability of
the merger with your adjoining property. Please understand that this is
our interpretation, and that another attorney may disagree.
If you have any further questions, feel free to call or write to this
office at your convenience.
Mark L. Bean
Director
Building Sanitation & Planning
MLB/ljb
109 8TH STREET, SUITE 303
945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601