Loading...
HomeMy WebLinkAbout2.0 PC Staff Report 06.16.1997PC 6/16/97 PROJECT INFORMATION AND STAFF COMMENTS REOUEST: APPLICANTS: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: Special Use Permit for A Camper Park Custom Crushing, Inc. A parcel of land located in a portion of Section 35, T6S, R89W of the 6th P.M.; more practically described as a parcel located approximately 3 miles south of Glenwood Springs off of CR 154. The tract is approximately 103 .23 acres in size. Cistern Individual sewage disposal system Highway 6 & 24 All I. RELATIONSIDP TO THE COMPREHENSIVE PLAN The subject prope1ty is located in District A -City of Rifle Urban Area of Influence. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The site, known as the Mountain Mobile Mix Gravel Pit, has been operating a nonconforming use _for a numoeiofYears.-fflemmecCareais· presently a pond and the remainder of the area is relatively flat river aggregate. B. Project Description: The applicants are requesting the issuance of a special use permit for a camper park to house employees of the applicant. The proposed camper park will be TOcate<l-f;;;;;J"area approximately-tWo (2) acres in size, within the I 03 .23 acre site. Water is proposed to be supplied from a 4200 gallon cistern and pressure pump, which will provide 20 to 40 psi of water to each of the pads. It is proposed to -I- meet sewage needs through the use of an existing individual sewage disposal system. Access will be off of State H'tJ 6 & 24, through the existing access to the gravel pit.(See application pgs. 'l•J ) History: The proposed camper park is a result of County staff citing the applicant with a notice of zoning violation for an unpermitted camper park. There have been no other camper parks on the property prior to this application. III. MAJOR ISSUES AND CONCERNS I. Zoning: The requested land use is allowed as a Special Use in the AIR/RD zone district. The following procedures and standards apply to this type of application: 5.02.05 5.02.07 Site Plan for Mobile Home Park and Camper Park: General Require- ments: (I) Access: the park shall have access to a public street or highway; (2) Drainage: the park shall be located on a well-drained site, graded for rapid drainage and free from stagnant pools of water; (3) Layout: the applicant shall also show on the plan all entrances and exits to the park, driveways and walkways and the design and arrangement of all mobile home spaces, camper spaces and any included service buildings. Commercial facilities included or proposed as part of a park shall be principally devoted to serving occupants of said park. Site Requirements Applicable Only to Camper Parks: (I) Setback: Minimum setback requirements of the applicable zone district regulations shall be observed on the periphery of the park; (2) Camper Spaces: (B) The area devoted to each camper space designed for camper vehicles or trailers shall be adequate to accommodate the following facilities and spatial requirements: Each space shall be provided with a graveled vehicle and trailer parking space of length and width to accommodate the type of camper or trailer by which the space is intended to be occupied. Fireplaces, fire circles and picnic tables 5.02.10 shall be installed in sufficient quantities and in convenient locations to satisfy occupants' needs for such facilities. Adequate traffic barriers shall be provided to confine vehicles and trailers to driveways and parking spaces. The minimum on-center distance between campers or trailers shall be twenty (20) feet; (3) Driveways: All camper spaces shall abut upon a driveway graded for drainage and maintained in a rut-free and dust-free condition and which provides unobstructed access to a public street or highway; the minimum unobstructed width of such driveways shall be fifteen (15) feet for one-way traffic or twenty-five (25) feet for two-way traffic, providing no parking is permitted thereon. An additional eight (8) feet of width shall be required for each parallel parking lane constructed adjacent thereto, or twenty (20) feet for each lane of perpendicular or angle parking adjacent thereto. Water Sup_ply and Distribution Requirements Ap_plicable Only to Camper Parks: (I) Source of Supply: The water supply shall be capable of supplying fifty (50) gallons per space per day for all spaces lacking individual water connections and a hundred (100) gallons per space per day for all spaces provided with individual water connections; (2) Individual Water Connections: If facilities for individual water service connections are provided, the following requirements shall apply: (A) Riser pipes provided for individual water service connections shall be so located and constructed that they will not be damaged by the parking of travel trailers or campers; (B) Water-riser pipes shall extend at least four (4) inches above ground elevation unless recessed in a box or sleeve. The pipe size shall be tln·ee-quarter (3/4) inch; ( C) Adequate provisions shall be made to prevent freezing of main service lines, valves and riser pipes; (D) Valves shall be provided near the outlet of each water service connection. They shall be turned off and the outlets capped or plugged when not in use; 5.02.15 5.02.20 (3) Watering Stations: (A) Each camper vehicle or trailer parking area shall be provided with one (I) or more easily accessible watering stations for filling water storage tanks. Such water supply outlets shall consist of at least a water hydrant and the necessary appurtenances and shall be protected against the hazards of backflow and back siphonage; (B) Each tent camping area shall be provided with one (I) individual watering station for each four ( 4) spaces; such station to be constructed similar to individual water service connections as provided under 5.02.10(2) except that riser height shall be thirty (30) inches and a splash pad shall be installed around the base. Sewage Disposal Requirements Applicable Only to Camper Parks: (I) Individual Sewer Connections: If facilities for individual sewer connections are provided, the following requirements shall apply: (A) The sewer riser pipe shall have at least a four ( 4) inch diameter, shall be trapped below the ground surface and shall be so located on the trailer space that the sewer connection to the trailer system will approximate a ve1tical position; (B) The sewer connection shall have a nominal inside diameter of at least three (3) inches, and the slope of any portion thereof shall be at least one-eighth (1/8) inch per foot. All joints shall be wate1tight; ( C) All materials used for sewer connections shall be corrosive resistant, nonabsorbent and durable. The inner surface shall be smooth; (D) Provision shall be made for plugging the sewer riser pipe when a trailer does not occupy the space. Surface drainage shall be diverted away from the riser; (2) Sink Wastes: No liquid wastes from sinks shall be discharged onto or allowed to accumulate on the grom1d surface. Miscellaneous Regulations Applicable Only to Camper Parks: (I) The principal business of the park shall be to provide parking spaces for travel trailers, camper vehicles and/or tent camping. Occupancy in camper parks by . 'f- any individual shall be limited to no more than one hundred twenty (120) days per year in any one (I) or combination of camper parks in the County. (2) Travel trailers and camper vehicles accommodated shall not exceed forty ( 40) feet in length and eight (8) feet in width. Staff Comments: The following comments address the previously noted regulations: Site requirements: The applicant has provided a site plan showing five (5) camper spaces, with a minimum of20' separating each space. Access to the site is across the gravel pit from an approved Hwy. 6& 24 access and licensed railroad crossing. Water supply: The applicant provided a copy ofa Water Comt decree for the Porto- Mix Well No. 1, which adjudicates 0.22 cfs for domestic use. In a verbal conversation with the Division of Water Resources, it was noted that the older well permits are only approved for the original use and cannot be transfell"ed to a different use without reissuance of a permit consistent with the proposed used. The applicant has proposed to fill the cistern with water from the City of Rifle as the first choice of supply for the water. If the City will provide a letter confitming that the water will be sold to the applicant, it will not be necessaiy to have a new well permit, with the appropriate augmentation water, approved by the Division of Water Resources. In terms of the proposed amount of water and method of supplying the water, the proposed system is consistent with the regulations. Fire Protection: It is proposed to utilize water from the Colorado River or the pond on site for fire protection on site. Staff notes that the source of water may be adequate, but the method of delive1y is dependent upon the fire depa1tment being on site with a pumper truck. This does not meet the requirement for on site, "readily accessible to park residents." Staff would suggest that a pump station from the pond be set up for fire protection, that is accessible and useable by the residents of the park. Additionally, a portable fire extinguisher consistent with the requirements of Section 5.02.11 (B), be made accessible to the residents. Sewage treatment: The applicant has proposed to use an individual sewage disposal system (ISDS) installed in 1965. At that time there were no ISDS pe1mits issued by the County, so it is not possible to determine the size of the system. The application only states that the system was pumped and that it appeared to be working satisfactorily. Given the relatively sho1t distance to the City of Rifle public water supply, this is not an adequate demonstration of the sewage treatment capabilities of the site. There are three options that would be acceptable: (!) (2) (3) The existing system be evaluated by a professional engineer and ce1tified to be adequate for the sewage disposal needs of the camper park. A new system be installed, specifically designed for the sewage treatment needs of the camper park. That a sewage holding tank be designed and installed that will be capable of handling the sewage needs of the camper park. Additionally, that the tank be designed to have monitoring gauges and that there be a commitment from a haulin!l company to provide service. There will also need to be a commitment from an approved sewage treatment facility to accept the sewage from the site. -s- Length of stay: The previously noted regulations limit the stay of a tenant in a camper park to 120 days in any one calendar year. Section 5.02.21 allows the Board to approve a special use permit for "temporary housing at construction sites" that may be valid for up to a year. The applicant has stated that the employees of the company do not stay on the site year around. There needs to be some documentation as the projected length of stay to dete1mine whether the time that the employees stay exceeds the 120 limitation. If it does, then an argument needs to be presented as to the availability of other employee camper sites. 2. City of Rifle The City has recommended the denial of the application based on the fact that a camper park is not intended to be used for long term purposes. And they are concerned about the water and sewer capabilities and the appearance of the park. (See letter pg. U IV. SUGGESTED FINDINGS I. That proper publication and public notice was provided as required by law for the public hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested paiiies were heard at the hearing. 3. That the application is not in compliance with the Garfield County Zoning Resolution of 1978, as amended. 4. For the above stated and other reasons, the proposed use is nit in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION At a minimum the hearing should be continued to provide the additional infonnation necessary to answer the water, sewer, fire protection and length of stay issues. - . . . • • • • • • • •• • • • • . • ••• •• •. • • . . • • • . • • •• •• :"?:'.•·.· ..•.•.• ~... . ...•...•.•. .............. Mar-21-97 ll:61A Stella Archuleta 970-946-7786 Date: May 1, 1997 GARFIELD COUNTY PLANNING DEPARTMENT 109 8TH STREET, SUITE 303 GLENWOOD SPRINGS, CO 81601 Telephone: 970-945-8212 Fax: 970-945-7785 APPLICATION SPECIAL USE PERMIT P.01 Applicant: _ _..:;Cu~s;:.:t~o;:::m_C:::.;r~u:::s.:.:.h;;.;in~gl.!,....;;In;;;c;;.;. _____________________ _ 27346 Hwy 6 & 24, P.O. Box 1556, Rifle, CO 81650 Address of Applicant: __________________________ _ S 'alU Continued use of existing Camper Park for employee housing. pec1 se: ~;.:;;;;;.;;.~..:;.:;..:;....;;.,._ __ _.::__:._ __________________ _ Legal Description: See attached legal description and Title Insurance £olicy. Practical Description (location with respect to highways, county roads, and residences):------- At the Former Mountain Mobile Mix pit, one mile east of Rifle, south of Hwy. 6 & 24. Requirements: I. Plans and specifications for proposed use (hours of operation, number ofvehicles/day, location and sb of structures, etc.). 2. Existing or proposed method of sewage, source of disposal and water. Road access and otht information deemed necessary to explain proposed use. 3. A vicinity map drawn to scale depicting the subject property, location and use of building and structurt on adjacent lots. 4. An impact statement on the proposed use. where required by Sections 5.03-5.03.12 of Zonin Regulations. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of sai property. 6. A base fee of S400 00 shall be charged for each application and shall be submitted with the applicatio1 additional charges may be imposed if county review costs exceed the base fee. 7. Attach a copy of proof of ownership for your property (deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least fifteen ( 15) days pric to hearing by return-receipt mail to all the above noted adjoining property owners. Mailing is the applicant' responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be publishe one (l) time in the official County newspaper at least fifteen ( 15) days prior to such hearing date. Applicant shall bea the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing. The above information is correct to the best· of my knowledge. Applican1 Bill B. Baily, ""' ~""'~'-~......:M~a,._~la.....:1~9~9~7 __ r_'_.~ __ · ~~-~~ Date C ~~'C h" . usio~i~: ... rus ing, inc. P.O. B ox 1556 Rifle, Co lo rado 81650 (303) 625-3 738 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Co 81601 Gentlemen, We are enclosing an application for a special use permit to allow c0ntinued use of a camper park on a portion of the Custom Crushing, Inc ~ property just east of Rifle •. Exhibit 1 shows the entire property in relation to the surrounding area, existing improvements to the property and access road and parking for the camper park. This facility evolved from the occasional occupation by the owners in their motor home to the employee housing arrangement as shown on Exhibit 2 . It has been in place in this form since April of 1996. This application is respectfully submitted to bring the land use into conformance with the regulations of Garfield County with regard to camper parks. Exhibit 2 is a plot plan at 1" = 30' showing the area in more detail, along with the arrangement of the utilities serving the five RV pads. The water system consists of a 4200 gallon cistern and pressure pump, which provides 20 to 40 psi domestic water to each of the pads through 1 1/2 " dia. pvc lines. Fire protection water is avaliable to pumper trucks from the river, or from the adjacent pond which resulted from gravel mining operations. Since it was more convenient, the owner has elected to utilize the cistern arrangement and to purchase water from the City of Rifle. In the event the City cannot provide water for any reason, adequate water rights are avaliable from an adjudicated well on the property to provide the necessary domestic water. A copy of the well water right is included as Figure 1. The actual average use of water during the last year has been less than 2000 gallons per month. The sewer system consists of 4" dia. pvc lines, with a hookup point at each pad. The lines conduct the sewage northwesterly, to an existing septic tank and leach field system. According to Mr. Robert Carmack, the former owner of Porto-Mix Concrete, the tank and leach field system was installed prior to 1965. The tank was recently pumped and inspected and appears to be in good condition. The underground power system was installed by KT Electric of Steamboat Spri·ngs, Colorado. The underground system originates northwesterly of the RV pads at an overhead line. It provides individual power hookup points to each of the pads and was installed in accordance with the electrical code. -'I- A copy of the Assessor's map of the area, along with a list of adjacent owners, is included as Figure 2. A copy of the property Title Insurance Policy is attached as Figure 3. A Surveyor's Certification with regard to the 100 year flood elevation is attached as Figure 4. A legal description of a two acre parcel enclosing the camper park is attached as Figure 5. A copy of our access agreement with the Railroad is attached as Figure 6. A check for the $400.00 application fee is attached. We believe we have provided all the information requested, but if you need anything further, please do not hesitate to contact us. In conclusion, we want to say that having a place for our key employees to stay while working in this area is very important to the sucessful operation of our business. We do not rent these spaces, nor do we allow anyone who is not associated with our operation to stay here. This is not the permanent residence for any of us and we do not contemplate making it a permanent in the future. We do not believe we have harmed anyone by living here off an on for the last year. We do not believe we will harm anyone in the future if we are given the special use permit to continue to use our property as we have been doing. Olivia A. Fawcett d.L&Lf Bill B. Bailey Owners and operators of Custom Crushing, Inc. -9- Jerry . Bauer Custom Crushing, Inc. P.O. Box 1556 Rifle, CO 81650 Rt1iltered Land Su/1Nlyor no. 9009 1854 293 Road Rifle, Colorado 81660 (303) 625-1872 Attention: Mr. Bill B. Bailey Dear Mr. Bailey, In accordance with your request, I have observed the existing elevation at the RV site along the river at your pit. The elevation of the pads, from west to east, are 5320.9, 5320, 5319.5, 5319.5 and 5319.5. I have also examined the FEMA maps and sections and find that this area is exactly at the detailed study area eastern edge. I have attached hereto a copy of a portion of Panel #1354 showing the RV locations. Also attached is a copy of FEMA flood profiles which shows the 100 year flood elevation at elevation 5319.4. Accordingly, I hereby certify that the location of the existing RV pads is above the FEMA 100 year flood elevation. It should be noted that the areas north of the RV's, that lie below elevation 5319.4, will be under water during a 100 year event. I did not observe elevations there, but existing topo maps dated 1981 show that access could be blocked by 1.5 feet of water and the RV site would occupy an island in the 100 year flood stream. If I can be of further asssistance to you in this matter, please do not hesitate to contact me. rds, • ~" .·Y 14 c.s. 3441.frm :;ev. 04/23/92 FILED WITH DOC.AUDIT Approved a:i • ~orm by General Counsel March 23, 1993 Page 1 of 4 RELMIS: WA-385.071 LEASE No.t>Y,c.~ 1I83"-' PRIVATE ROADWAY AGREEMENT No. 'l \ ~~(o \ LEAS EE No. 3.';Qj)>.. THIS AGREEMENT, made this 19th day of August, 1996, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, hereinafter collectively called "Railroad," and CUSTOM CRUSHING, INC., address: P.O. Box 1556, Rifle, Colorado 81650, hereinafter called "Licensee"; WITNESSETH: I. Railroad hereby pennits Licensee (subject to the provisions hereof) to construct, maintain and use a private roadway across the tracks and upon property of Railroad at Milepost WA-385.071 at or near Rifle, County of Garfield, State of Colorado, in the location illustrated on the attached print 45084, dated March 22, 1996. Upon execution hereof, Licensee shall pay Railroad the sum of Four Hundred Seventy-five Dollars ($475) partially to defray cost of handling. 2. The pennission herein granted is subject to all licenses, leases, easements, encumbrances and claims of title affecting said property of Railroad. Said roadway shall be a private one and shall not be for public use. Railroad reserves the right to construct, reconstruct, maintain and use existing and future transportation, communication (including fiber optic cables) and pipeline facilities in, upon, over, under, across and along said roadway. 3. Commencing with the second year of the term of this Agreement, Licensee shall pay to Railroad the sum of One Hundred and Five Dollars ($105) per annum, payable annually in advance, but this provision shall not modify or amend in any way Railroad's right to terminate under provisions of Section 10 hereof The rental shall automatically and without notice to Licensee, be adjusted, upwards only, on each anniversary of the effective date of this Agreement, by the CPI Factor as indicated on the Consumer Price Index, Urban Wage Earners and Clerical Workers, U. S. City Average, All Items (I 982-84 = 100), ("Consumer Price Index"), published by the United States Department of Labor, Bureau of Labor Statistics, or any successor or substitute index published as a replacement for the Index by any United States governmental agency. The "CPI Factor" is the percentage of adjustment stated in the Consumer Price Index (indicated in the previous sentence) established during the last available twelve-month period immediately preceding each anniversary of the effective date of this Agreement, adjusted to the nearest one-tenth of one percent. -1~- C.S, 3441.frrn .Kev. 04/23/92 Approved as form by General Counsel .... _./ March i" :, 1993 Page 2 of 4 In addition to or in lieu of the above, Railroad may, at any time, increase the rental without reference to the CPI Factor by giving Licensee, thirty (30) days' notice of such adjustment and its effective date. The rental, as so increased, shall be effective as of each anniversary of the effective date of this Agreement if increased by the CPI Factor, or as of the effective date of any other increase, notwithstanding Railroad's acceptance of a lesser amount and notwithstanding any billing by Railroad for a lesser amount. 4. Licensee, at Licensee's expense and to the satisfaction of Railroad, shall: (a) construct and maintain said roadway in a good and safe condition; (b) keep the roadway (including track flangeways, if any) clear of all rubbish, debris and other material; (c) construct and maintain roadway, whistle and stop signs as designated by Railroad; (d) trim shrubbery to provide proper visibility to trains and vehicles; (e) install and maintain warning devices and make roadway changes required by public authority; (t) install and maintain such drainage facilities, barricades and fence gates as Railroad may designate, keeping such barricades and fence gates locked except when roadway is actually being used. 5. Licensee agrees to reimburse Railroad for all expenses incurred by Railroad in connection with the construction, maintenance, repair and use of said roadway by Licensee, including but not limited to the items listed in Section 4 above. In addition, Licensee agrees to reimburse Railroad and/or the owner of any telecommunication system located beneath the premises included herein for all expenses which either may incur which expenses would not have been incurred except by the reason of the use of the premises by Licensee, its agents, employees or invitees including relocation costs or any damages incurred by such owner due to the injury to the said telecommunication system. 6. Licensee shall not perform any work on Railroad's property (except emergency repairs) unless Railroad's authorized engineer is given five (5) days' advance notice thereof and the approval of Railroad for such work is obtained in writing. 7. Operators of vehicles shall comply with posted signs. Licensee's vehicles shall stop before entering the crossing area and ascertain that it is safe to proceed across the tracks before so doing. Licensee shall not obstruct or interfere with the passage of Railroad's trains. - c,.s. 3441.!rm .Rev. 04/23/92 Approved a!I form by General Counsel '-.__. ... / March 23, 1993 Page 3 of 4 8. Licensee shall pay for all materials joined or affixed to said property, and for all labor performed upon said property, at Licensee's instance or request, and Licensee shall not permit or suffer any mechanics' liens or materialmen's liens of any kind or nature to be enforced against the property of Railroad for any such work done or materials joined or affixed thereto. 9. Licensee agrees to and shall indemnify and hold hannless Railroad, its officers, agents, and employees from and against any and all claims, demands, losses, damages, causes of action, suits, and liabilities of every kind (including reasonable attorneys' fees, court costs, and other expenses related thereto) for injury to or death of a person or for loss of or damage to any property, arising out of or in connection with any work done, action taken or permitted by Licensee, its subcontractors, agents or employees under this Agreement. It is the express intention of the parties hereto, both Licensee and Railroad, that the indemnity provided for in this paragraph indemnifies Railroad for its own negligence, whether that negligence is active or passive, or is the sole or a concurring cause of the injury, death or damage; provided that said indemnity shall not protect Railroad from liability for death, injury or damage arising solely from the criminal actions of Railroad, its officers, agents and employees. The word "Railroad" as used in this section shall include the successors and assigns of Railroad, and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said roadway, and the officers and employees thereof Upon request, Licensee, at Licensee's expense and to the satisfaction of Railroad, shall provide evidence of insurance covering contractual liability assumed by Licensee under this Agreement, in form and amounts satisfactory to Railroad. JO. This Agreement is effective as of the date first herein written and may be terminated by either party hereto by giving thirty (30) days' notice to that effect to the other party. If Licensee makes default in respect to any covenant or condition on Licensee's part hereunder, Railroad may forthwith terminate this Agreement by notice to Licensee. Termination of this Agreement by either party shall not relieve or release Licensee from any liability incurred prior to such termination. 11. Provisions hereof notwithstanding, Railroad reserves the right to perform, at Licensee's expense, all or any portion of work required in connection with the construction, maintenance, use and removal of said roadway. If Railroad is to perform any work, Licensee shall deposit with Railroad the estimated cost thereof and, after completion of such work, the difference between the actual cost to Railroad, and such deposit shall be promptly paid by Licensee or refunded by Railroad, as the case may be. 12. Upon termination of this Agreement, Licensee, at Licensee's expense, shall remove said roadway and leave Railroad's property and track area in a neat, safe and clean condition, failing in which, Railroad may perform such work at the expense of Licensee. 13. Licensee shall, at its expense, comply with all applicable laws, regulations, rules and orders regardless of when they become or became effective, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal and water and air quality, and furnish satisfactory evidence of such compliance upon request of Railroad . .. 1.'/.:. c.s. 3441.frm R.ev. 04/23/92 Appr 1>ved a.s to form by G.;ir,eral C•:.un.sel March 23, 1993 Page 4 of 4 Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise on the premises covered hereunder as a result of Licensee's use, presence, operations or exercise of the rights granted hereunder, Licensee shall at its expense be obligated to clean all property affected thereby, whether owned or controlled by Railroad or any third persons to the satisfaction of Railroad (insofar as the property owned or controlled by Railroad is concerned) and any governmental body having jurisdiction in the matter. Railroad may, at its option, clean Railroad's premises; if Railroad elects to do so, Licensee shall pay Railroad the cost of such cleanup promptly upon the receipt of a bill therefor. Licensee agrees to investigate, release, indemnify and defend Railroad from and against all liability, cost and expense (including, without limitation, any fines, penalties, judgments, litigation costs and attorney fees) incurred by Railroad as a result of Licensee's breach of this section, or as a result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during the time this Agreement is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the active negligence of Railroad, its officers, agents or employees. 14. This Agreement shall not be assigned by Licensee in whole or in part without Railroad's consent which consent shall not be arbitrarily withheld. 15. The permission herein given is not exclusive, Railroad reserving for itself, its agents, employees, and licensees the right to use said roadway jointly with Licensee. 16. That certain agreement between Licensor and Mobile Premix Company, a corporation, or their respective predecessors, dated November 9, 1982, Lease Audit No.29042, is hereby terminated as of the effective date of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate as of the day and year first herein written. SOUTHERN PACIFIC TRANSPORTATION COMPANY WITNESSED BY: THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY Byr /?Z?e,.uv... (T' Manager-Contracts LICENSEE By~AA:-~ (Ti~./ PLOT PLAN Existing Camper Park at Custom Crushing Gravel Pit. 88.4 ft. to urce of Power. Cistern and pressure pump syste'ln. \ 8 I .2 ft. to septic tank and leach. field. Lr---Landscaping, / patio and fire rnf .-=--circle. · .---4~/ 9' 0 ____ _,,__ .---o'l't I"'" 11 __________ .-.-.-rg-ea,ge IL ------wa,ter ----- F'repared b;J_ JERRY 6AUER F'.L..e.. ll~a:>a:i~ - 18&4 CO, ROAO 2~2 RIFL.E, CO 81~&a:> 2(2)2-~2&-1812 - .,... ..... : __ , -'\!" -- Clt';l -- .. ,,_ • ,,,.0 "'"" 'i-th O<D "'"' .. VI / ------- ' J 3G7 ,__,....-~~ .. \ .. , -- 5315,3 ' -~­ ~"' .{/ f://' ~// -.Z'~4e. t//53~1.7 /;/ () ...,e. ~ --... !// /./ -'$"" ...... t \ I -- ,r,_ ', \_ -\_,: 5314.3 ' {',_- '.; 531;.6 / / 5314.7 ' ~ ~t~w~~ / 5316.Q 7! ' / - I / -v-~e. i 5311.7 5320.9 ' 5320.9 ' 31'-9 I ""[I I ~ x5321.5 x 5319.2 -; /" I -A ~-18 '":·' ' / _, --f f / J -/ / 531~.o '( .-.---~ c___- 3320.: / ~j (·":' ff~~ ··. ~ 5'0~8~ ~ ~---~ ~-~ I""·' ) -~~- \. x / ( ""'·' ~~.:_-'-___ , =-~"'"' ., / ::;:;> ----~, ~~-. '":' '\_\_1./ '":·' ~ ~ '•\• "<~ \ ""---. / . 5308 I '"\ ~ \\ ''., ...__,__ x ,_\\,\ "... ~ -~. \ \\ ·~ ·./· ' '-. \ I I x 5301 ·--~---_.J "\. ·1 ~ 5306.8 --'--~------------/~\ , I ·. "':, /~ j--,_ f I· \ -~ . ~ { 5314.i x ( ( // .v-~e. i 5316.0 ~; x ,./ / 5311.7 !) ( __.. I; ---- . i / 5317.0 / / x I 5320.9 x 5320.9 x 5320.:: ,,,.9 + N627J '· . . I -,-'T .. X53t9.2 / ~s3r''l / . . ! _/ ___,.._,-"""' !N CARi'ISLD IN 'I'll~ DIS'tl~lC'r COUllT It: AllU WATl::ll U!Y,.IS!ON NO, ) STl.'W OP COt.ollAOO CA3C NO, w-·1~~L.._ ) I ) P. 4 t •i...L.L,J JN l\'1\T1m 1:ou1rr l>ivi:HoH Nii. !i ~~SOLl'TE D~CREE 1'0R ! Ollc~ .. e~ouim-meR •uanTs COUNTY ) ) And the Rer•roe hav1n~ ~adt tne 1nvest!~otlo~1 reou1rtd by ..• ~r:icl• 92 or Chau~ar 37, C,l\,S, 1~'13. <loes horob~ make ~ht r,1io~ir.~ rulin~t to-w1:: ':'his &ppl1oat1or\ was ?--.rarl'td 4!0 th• ~'a4;.er Retitree gf \lat•r ~1Y1elon /JO, ~ Oft tht ~dt.,Y Ot_flaOembtt I 197!!_• i. Name ot Applicant Addresa Porco-l~K Concroee Inc. It, 11 Sgx 164; G{t~wood S9rin~1, Colorado 2. Tl1e name-ot the a7t""Jcture .1• Porto-1".!.x '..:ell ~o. 1. 3. The .,,,,1 t!P.11cr~pt1on 01'0 'Jh.1t a~ructure 111 n.e wall 11 loca:ed in Lot l, Sect1"'1 I~, T. 6 s., ~. 93. ~. of the 6th P,M, ~t a polut wh9nca :he North•1st Cotnvr ot $ald s~~t\on \S ~•ar1: N. 59°35• z. 1,343 0 27 htt. ~. '1'11• depth ot ~ht well 11 21 feet. 5, Tht date or the ln1t!at1on or tho appro~r1a~1o~ 11 Novtmbor 22 1 l~ 6. The •mcun~ of water oh!.mtd 1i 0, 022 c~bU fo~t r.•i" •ocond ot t!.n 1. 'l'h• uu or the wattr 1a domaatic. 8. irh• Sta~• Engin••r'• n~rsill•11 1·1 nun•, 9, 'l'he pr1orit1 date h Novo,.be~ 22, 196~. l.C .The det~ or th• ac~11c1Uon ~.. Dcoe. .. ber 4, 1974, !t 11 the l'U11na;: o!" ~he R•terttlt t:iat tht B'eo!lteMtn~.s !n t.he &!)p:!.1.~at!ar. are trutt an'l th&t ~he above df'1or1ned w11.t•r z-J.gh; 11 o~prov•d· · ~" &bove d•scr1bed un~er~roun\I weter r!~ht 01ee~a the cr1t;er1.a ro-r an exemp~ do:r.est!c wol1. ;il1rsu!.~r-; to C ,ft .e. 197~, ~7-92-602(l)[cl_ and :n-~~-60?.(4i __ , so lor.~ •• 1~ is ua•d r?r 4:he ;,urpO!"ltl att r~.rth h•r•1n. I • It ts aoc:ord1r:"ly ''r..or:nen th1.~ this T"U.itn'-Shl'.j 1 ti.,i:-c:ne P.f!''9~':l\'O Ut)cr. !'~l1~.~ '.fi,.~h ~nl?. 'lia.~et• C~.er1:1 su:i,l•c~ to :ud1cial ··e•1!aw as ~rovljod b:i law • . .J. llon• at th• City or Gltnw~od Spr1M•. Colorado I thl.1 I/Pf -ioy ot AfA<<N, , 19'/ ,s:"_, 1:( p:-etc!l.t 'f:'\:I flltd ln \h\~ f''.'lt~cr· t~w f?rt~Qin$ r•11~nR i'1 oonr~r1u.d 111;J o~pro~·td, l'lnd 1J 1'1~d• \!iO JutgpfDt 1lD4 t>teTOe ~! \hilt 00\U"t• cuu~JJ.7~: ·If- C'\,. ,~.& ~~.~f~e~r~e~e--~~---~---- tai or n1•1131or. No. 5 State o: Colorado --------------------""-~-----·'··· ........... __ .... ~ ' " CITY or RIFLE 202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, COLORADO 81650 • (970) 625-2121 • FAX (970 ) 625-3210 June 10, 1997 Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Custom Crushing, Inc. Special Use Permit n~.~~ FAX: (970) 945-7785 , __. WJ \{ ,~\\~ \ ;·\j \')Cfl! . 11 ·· --' ~1.~---*·::----~\f('{ l.~~1 f;LD The City of Rifle has reviewed the above-referenced application for a Special Use Permit to allow operation of a five space camper park, as employee housing. We recommend denial of this application base d upon the following: 1. "Camper parks" are just that , areas designated for short-term camping and not "employee housing". 2.. The sewer and water system for long-term housing appears to be inadequate. 3 . As you know, the City is extremely interested in protecting the visua l impact of our entrance both from 1-70 and Hwy. 6 & 24. Thank you for your cons ideration. Sincerely, Elaine M. Bussone Planning Technician P .S. We have no comments regarding the application for Shamrock Acres.