HomeMy WebLinkAbout2.02 BOCC Staff Report 10.14.1996• •
BOCC 2/21/96
8/5/96
10/14/96
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Tamera Duplice
LOCATION: A tract of land located in Section 12, T6S,
R92W of the 6th P.M.; approximately two (2)
miles east of Silt, south of Interstate 70, along
the I-70 frontage road.
SITE DATA: 10.0 Acres
WATER: Individual wells
SEWER: Individual sewage disposal systems
ACCESS: I-70 Frontage Road
EXISTING ZONING: A/I
ADJACENT ZONING: A/I
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within District D - Rural Areas/Moderate Environmental
Constraints and District F - Floodplain/Severe Environmental Constraints, as designated by
the Garfield County Comprehensive Plan's Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: This 10.0 acre tract is located south of Interstate 70 and north of
the Colorado River, approximately two (2) miles east of Silt. The tract is quite level,
pasture land with an existing well and the extreme eastern portion of the tract has
been raised with fill -dirt. An access road and the Lower Cactus Valley Ditch run
along the southern property boundary and another ditch runs parallel with the
frontage road, along the northern edge of the tract. See vicinity map, page • 6 •
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B. Adjacent Land Uses: The area is predominantly agricultural; however, there are a few
single family homes scattered in the vicinity.
C. Proposal: The applicant requests to subdivide, by exemption, the 10.0 acre tract into
two (2) parcels of 4.0 and 6.0 acres. Although it is not explicitly stated in the
application, the existing zoning and the recently issued well permit would allow single
family dwellings on both parcels and a 5,000 square foot greenhouse on the westerly
parcel. See sketch map, page • %w
III. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision
Regulations states that "No more than a total of four (4) lots, parcels, interests or
dwelling units will be created froni 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, in the discretion of the Board, not be considered to have been
created by exemption with regard to the four (l) lot, parcel, interest or dwelling unit
limitation otherwise applicable;"
It appears the subject property was created, in 1979, from a larger tract by an
approved exemption. Research by staff has not been able to uncover a Resolution for
this exemption; however, the Planning Department does have a file and
correspondence indicating, the approval of the request, creating three (3) parcels of
10, 10 and 22 acres. A check of Assessor's records indicates no other exemptions
have been sought on any of these lots; therefore, it appears this request complies with
Section 8:52 (A) of the subdivision regulations. See deeds and supporting
information, pages /0
B. Zoning: The subject property exists within the A/I zone district, which designates a
minimum lot size of two (2) acres. All proposed lots are in excess of this minimum
lot size requirement. Given the location of the subject property, floodplain maps were
consulted and it appears the property is not within the floodplain of the Colorado
River. See floodplain map, page gi'llos. .
C. Water: The water supply for this proposal would be individual wells that have been
permitted by the State Engineer's Office. The larger lot has an existing, household use
only well (See Permit No. 177828, page• / • ) and the smaller lot is the subject
of a recently issued permit that would allow for up to two (2) single family dwellings
and the operation of a 5,000 square foot greenhouse. See permit No. 046710-F, page
/34. . When the existing well was drilled, it was found to produce a sustained
yield of 60 gpm, during a 4.5 hour test, so it appears that ample, physical water exists.
•
See pump test information, page VV.' . As a condition of approval, staff
recommends that the well on the smaller parcel be drilled and pump -tested, prior to
final approval.
D. Sewer/Soils: The method of waste water treatment is proposed to be the use of
individual sewage disposal systems. According to the Soil Conservation Service, soils
on-site are predominantly of the Wann sandy loam classification, characteristically
deep and somewhat poorly -drained. When used for building site development and
placement of ISD systems, these soils are considered to have severe limitations,
chiefly due to excessive wetness. Staff suggests a plat note be included to address
these limitations.
E. Access: It appears access has been granted to the 10.0 acre parcel by the Colorado
Department of Highways. See permit, page Virg" . There is an existing access
located at the northeastern corner of the proposed, six (6) acre parcel and the State
highway Department has recently issued an access permit for a new driveway that
would access the proposed, four (4) acre parcel. See Permit, page. /4 • .
F Fire Protection: A letter from the Burning Mountains Fire Protection District has
been submitted with the application, indicating the property is within the fire district.
See letter, page e 17 ' . Staff recommends the inclusion of a plat note to address
wildfire mitigation.
G. Easements: Any required easements for drainage, utilities, access, water supply, etc.,
will be required to be shown on the exemption plat.
H. School Impact Fees: The applicant will be required to pay school impact fees of
$200, for the creation of the exemption parcel.
Potential Road Impact Fees: Upon the adoption of a road impact fee, the lots created
by this exemption will be subject to paying that fee; paid at time of building permit
application, paid by the building permit applicant. This provision shall be included as
a plat note.
J. Comments Received: A neighboring landowner has submitted photographs, dated
April 14-16, 1996, showing a substantial amount of water standing on the property.
As mentioned earlier, the floodplain map for the subject area does not show this
parcel as existing within the floodplain of the Colorado River. Staff has attempted to
ascertain the origin of this water and the nature of the flooding. Given the topography
of the site, it is staffs opinion that the water is originating from the irrigation ditches
that flow along the northern and southern portions of the tract and from adjacent land
to the east. Staff does have concern that this situation is a chronic, yearly occurrence,
and if not adequately mitigated in specific terms, severe problems could arise. Staff
recommends that a qualified engineer evaluate the site and propose specific mitigating
procedures that would enable development of the site. Given the nature of the water
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on the site, staff suggests this be done during the high-water season when water is
standing on the site. According to the date on the photographs, this should occur
around the middle of April or when standing water is identified on the site.
IV. SUGGESTED FINDINGS
That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
That for the above stated and other reasons, the proposed exemption is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of
the citizens of Garfield County.
V. RECOMMENDATION
Staff recommends the public meeting be continued to allow the petitioner time to have an
engineer evaluate the flooding situation specific to the subject property.
Upon the applicant satisfactorily demonstrating the above or if the Board feels that all
questions have been answered, staff recommends APPROVAL of the application, pursuant
to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
meeting before the Board of County Commissioners, shall be considered conditions
of approval.
2. A Final Exemption Plat shall be submitted, indicating the legal description of the
property, dimension and area of the proposed lots, access to a public right-of-way,
and any proposed easements for setbacks, drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners for
signature, from the date of approval of the exemption. The Board may grant
extensions of up to one (1) year from the original date of approval.
4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the
creation of all exemption parcels.
5. That the following plat notes be included:
"The minimum defensible space distance shall be 30 feet on level terrain, plus
appropriate modification to recognize the increased rate of fire spread at sloped sites.
IP 41/
• 1
The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety
Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to
determine defensible space requirements for the required defensible space within
building envelopes in areas exceeding five (5) percent grade."
"Upon adoption of road impact fees by the Board of County Commissioners, the lots
created by this exemption shall be subject to paying the fees, paid at time of building
permit application, paid by the building permit applicant."
"Prior to issuance of a building permit, the owner of each lot shall prepare and submit
a soils and foundation report, an I.S.D.S. design, and a grading and drainage plan
prepared and certified by a professional engineer. All improvements shall be
constructed in accordance with such measures, which shall be a condition of the
building permit."
"No further divisions by exemption from definition of subdivision will be allowed."
"The control of noxious weeds shall be the responsibility of the landowner."
6. The applicant shall receive any necessary driveway permits, for each lot created, from
the appropriate authority.
7 Criteria for demonstrating the quality, quantity and dependability of a well or a well
system:
a) A well be drilled and a 4 hour pump test shall be performed;
b) The applicant supply, to the Planning Department, the well completion report
demonstrating the depth of the well, the characteristics of the aquifer and the
static water level;
c) The results of the 4 hour pump test indicating the pumping rate in gallons per
minute and information showing drawdown and recharge shall be submitted
to the Planning Department;
d) A written opinion of the person conducting the well test that this well would
be adequate to supply water to the number of proposed lots and be submitted
to the Planning Department;
e) The water quality be tested by an approved testing laboratory and meet State
guidelines concerning bacteria and nitrates.
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Filed for record the day of ,A.D. 19 at o'clock 4.
Reception No.
RECORDER.
ay DEPUTY.
THIS DEED , Made this day of
between
GEORGE F. FIELDS
of the
Juno 01, 1994
County of GlRFIELD end State of
Colorado of the first Cart, and
TAMERD. DUPLICE
FILING STAMP
1219 116 ROD
whose legal address is GLENWOCD SPRIDX�2S,1Ap�p �81601
of the County of CxAliY 1.t4.) and State of Colorado, of the second part.
WITNESSETH, That the said party of the first part, for and in consideration of the sum of (****$42y 000, 00 )
FORTY TWO THOUSAND DOLLARS AND 00/100THS
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged and confessed, has bargained, granted, sold and conveyed, and oy these presents does grant, bargain, sell,
convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot
or parcel of land, situate, lying and being in the
County of GARFIELD and State of Colorado, to wit:
SEE F^Q IT "A" ATri.CEED HERETO AND MADE A PART HERIX F:
.;i.=0 C,O,.,;E':EU, WI'iiOUC WARRANTY, ., 60 CP}I 'WELL.
also crown as street ntirper VACANT LAND
TOGETHER with alt aha singular and hereditaments and ,.tpur,enances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title
interest, 310115 and aemard whatsoever of :he said party of the first part, either in law c :Tuity,of, in and to ;,-,e
Acne ;ar;a,neu _remises, with the nereaitaments arc appurtenances.
!0 HOLD the said premises aoove Dargainen sod described, with the appurtenances, unto the said party of
.rd second bar:, his heirs and assigns forever. And the sato Darty of the first Dart, for himself, his heirs, executors,
Ano ae.inistrators, aces covenant, grant, bargain, and agree :0 and with the said party of the second part, his heirs and
ass;"yrs, that at :he time or :he enseating and Jetivery Of these presents, he is well seized of the premises aoove
_on,ere., a5 of good, sure, perfec:, absolute and inaereasible estate 3f inheritance, in law, in fee simple, and has good
rignt, felt Dower and lawful authority to ;rant, oargein, sett and convey the same in Tanner and form a5 aforesaid, and
:rat :re same are free and c.e9r from alt former arta other ;rants, bargains, sales, liens, taxes, assessments and
enc'lrprarce5 of .nate.er kind or nature soever'
EACEP' LEVERA1 TAxES ANO ASSESSMENTS FOR THE YEAR 1994 AND SUETSE:DENT TEARS, ANO SUELECT TO EASEMENTS, RESERVATIONS,
RE:TR:CT::as, :OVEHANrS ANO RIGHTS DF '.AI OF REF:"R0, IF ANY;
amu :he eco.ed bar-yalnea premises In the duiet and peaceable possession of said party of the second Dart, bis ^. e,rs aro
assigns against all ark? ever. OerScrt or persons '.awfully ciaimirg or to :[aim :he .Hole or any part thereof :he said party
or the first part snail and wit! WARRANT ANO FGREIER DEFEND. The singular number shalt enc:ude toe plural, the plural the
stng„tar, and :he ase or any gencer shell be acolicable to alt ;enders.
IN .1TNE55 WNEREJF :he said party of the first part has hereunto set his hand and seal the day and year first aCove
wr ',t:en.
STATE JF COluRA00
County or
GARFIELD
ti 55.
(SEAL;
(SEAL)
the foregoing instrument 48S acknowledged before me on this lay of
Arne 01, 1994
GEEK F. FIELDS
My :Seel vsion e,uires DeCrither 23, 1996
Witness my hand and of f '3'01 seal.
.ARRANry ,^, EEJyr Photogrnphi,: Record
Gv2604.2604G42604
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t l (�-t 16GL i
() Notary
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Putt IC
1( Th
(SEAL;
EXHIBIT A
A TRACT OF LAND SITUATED IN PART OF GOVERNMENT LOT II AND
PART OF THE NW1/4 OF SECTION 12, TOWNSHIP 6 SOUTH, RANGE 92
WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY,
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 12;
THENCE S. 62 DEGREES 47' 05" W. 2612.70 FEET, TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 70, THE
TRUE POINT OF BEGINNING;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING
COURSES AND DISTANCES:
N. 77 DEGREES 03' 30" E. 64.38 FEET;
THENCE S. 83 DEGREES 38' 59" E. 106.00 FEET;
THENCE N. 77 DEGREES 03' 30" E. 912.20 FEET;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE S. 00
DEGREES 31' 02" W. 720.63 FEET;
THENCE N. 57 DEGREES 24' 21" W. 316.38 FEET;
THENCE N. 80 DEGREES 53' 53" W. 850.06 FEET;
THENCE N. 14 DEGREES 50' 20" E. 215.92 FEET TO THE TRUE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF CC . , -RAnO =__
APR 2-7 '94
412: 43 NM 81 GHORti CODS 1 PUC 1 1011
1
GARFIELD COUNTY
BUILDING AND PLANNING
April 13, 1994
George Fields
3220 Howard Court
Clifton, CO 81520
Dear Mr. Fields:
Foye 1
Based on the Garfield County Board ofCounty Commissioners niinutesof September 10, 1979,
it appears that the Board approved an exemption from the definition of subdivision to create
three tracts of 10, 10 and 22 acres from a 42 acre parcel owned by John Peterson. For some
reason, no resolution was ever put into the Planning Department files or the Board's files to
verify the action. Regardless, it is apparent that the 10 acre tract you purchased from Mr.
Peterson is one of the 10 acre tracts approved by the Board in 1979.
Based on the above statements, this office can issue building permits for structures allowed in
the Agricultural/Residential/Rural Density zonedistrict. If you have any additional question;,
you !nay call or write to this olfce.
Sincerely.
Mark L. &cart, Director
Building and Planning
MLB,a
Post -11' brand lax 'tanstn tta! memo 76;1
To
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DECEMBER, 1982
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SE[J WTF DIV
-WATER RES.
Form No.
OW8-26
PPPLIOANT
5 TE 303-94c-Sr_,65 Feb 1 9b 11 . 24 Nu .003 P.04
L:303-866-3589 I-eb 96 Y:41 No.008 P.04
OFFICE OF TATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Cia trr n al Bldg , 1313 Sharmtn Bt., Deriver, Oobrsdo 40243
003186&3881
GEORGE F FIELDS
322D HOWARD CT
CLIFTON CO 81 520
( 303)434-1412
LIC
WELL PERMIT NUMBEn 77728
DIV. 6 CNTY. 23 WD 39 DES. BASIN
MD
Lot: 1 Obolr: Filing:
EXPANSION OF USE OF AN DOMING WELL
13ubdN• PETEReON EXEMPTION
APPROVEID WELL LOCATION
GARFIELD COUNTY
SW 1/4 NW 1/4 Section 12
Twp B
RANGE 92 W 6th P.M.
QI$TANCF8 FROL4 SECTION LINES
1425 Ft. from North Section Line
1200 Ft. from West section Line
ISSUANCE OF TH13 PERMIT DO89 NOT CONFER A WATER RIGHT
COND(flO QQF APPROVAL
1) This well shall be used In Duch a way as to cause no material injury to existing water tights. The issuance of the
permit does not assure the applicant that no Injury will occur to another vested water right or preclude another
owner of a vested water right from eeekirx9 roller In a oivll court action.
2) The r-nnan,ctiort of Ma wail shall be h compliance with the Water Wel Cons1ruotIon and Pump Installation Rules
2 CCR 402.2. unitise approval of a YEN Lanett had been granted by the State Board of Examiners of Water Well
Construalon and Pump Installation Contractors In >ordancs with Rule 17,
3) Approved pursuant to CAS 37.82-802(3)(b)(I) and tt,u August 30, 1979 letter from this office to the Darfield County
Piercing Department regarding the Peterson Exemption. Approved as the only well on a tract of land 04 10 acres
described as that riru11011 rd the PAW aha nr Se:. 12. Twp. t3 South, Rng, 92 Weal of the 8111P.M., t3ariltrfd 0 n y,
being more perticvlarly d^„sc:ibsd on Ina atta..hael 1xh1bll 'A• as Tract 1 of the Peterson Exemption.
41) Approved for the expansion of use of an existing Nell, cont:tructod under permit no. 108197 (canceled). Tha
Issuance of this pem it hereby cancels permit no. 108197.
5) The use of ground water from this well is limited lo fire protection, ordinary toueenoid purposes Inside one (1)
singe family owelling, the Irrigation of not more than one (1) acre of tome gardens and lawns end the watering
of domoutio wi rues.
6) The maximum pumping rate shall not exceed 16 C3PM.
7) Th well snail be located not more then 200 iaet from the 10Cafion specified on thls permit.
APPROVED
JD2
our ipume, or
DATE 153UED MAY 10 1944 EXPIRATION DATE MAY 1 0 1336
Reoeipt No. 0367720
Form No.' --OFFICE OF THE STATE ENGINEER
GWS -25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
APPLICANT
LIC
WELL PERMIT NUMBER 046710
DIV. 5 CNTY. 23 WD 45 DES. BASIN MD
Lot: A Block: Filing: Subdiv: DUPLICE
APPROVED WELL LOCATION
GARFIELD COUNTY
NW 1/4 NW 1/4 Section 12
TAMERA D DUPUCE
%CALOIA,HOUPT& LIGHT PC
1204 GRAND AVE
GLNWD SPRINGS CO 81601-
(970)945-6067
PERMIT TO CONSTRUCT A WELL
Twp 6 S
RANGE 92 W 6th P.M.
DISTANCES FROM SECTION LINES
650 Ft. from North Section Line
600 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDfTIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury 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 preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Wall Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted t; u Stata Ecard c; CAa, . .;hers of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18. -
3) approved pursuant to CRS 37-90-137(2) for the construct on cf a well, appropriating ground water tributary to the
Colorado River, as an alternate point of diversion to the Avalanche Canal and Siphon, on the condition that the
well shall be operated only when the West Divide Water Censervancr District's substitute water supply plan,
approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the
West Divide Water Conservancy District for the release cf replacement water from Ruedi Reservoir is in effect, or
under an approved plan for augmentation. WCWCD contract #960311TD(a).
4) The use of ground water from this well is limited to ordinary household purposes inside two (2) single family
dwellings, the irrigation of not more than 1/2 acre of home gardens and lawns, the operation of a 5,000 square
foot commercial greenhouse and nursery, and the watering of domestic animals. All use of this well will be
curtailed unless the water allotment contract or a plan for augmentation is in effect.
5) The maximum pumping rate shall not exceed 50 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed 5.0 acre-feet.
7) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records
cf all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
8) The well shall be constructed not more than 200 feet from the location specified on this permit and not less than
600 feet from any existing well owned by others.
9) The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and court
case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these
markings.
.2,PPPOVED
JD2
2
=ece!ot Nc 03,;75, .3
( -r--).-"T-
By
DATE ISSI,'EB JDATE
� � � � ���� E:(F!RATION 7 1947
• •
SAMUELSON PUMP CO. INC.
P.O. BOX 297
GLENWOOD SPRINGS
COLORADO 81602
Tammy Duplice
1219 County Road 116
Glenwood Springs, Co 81601
Atten: Tammy
WATER SYSTEMS
SALES. SERVICE & INSTALLATION
945-6309
May 14, 1994
On May 4, 1994 a well test was conducted on a well located
near Silt, Co. off frontage road near the river. The following
information was obtained;
Well depth 50'-0"
Casing size 7"(steel)
Standing water level 2'-0"
Drawdown to pump intake
Production is 4 gpm
Hardness 27 grains/gal
Iron 3.3 mg/1
pH 7.5
If the information on this well is correct the well has
silted in and lost production due tc non use. I would recommend
that a driller be brought in to clean the well back to bottom
and redevelop the well. In addition it may need to be acid
treated if the development does not work. The well should then
be retested. The current production would be only enough for
a single residence. If you have any questions please call me
Raun Samuelson at 945-6309.
Sincerely;
Raun Samuelson
1 `f
•
11. X11 1 11111
COLORADO DEPARTMENT OF HIGHWAYS
STATE HIGHWAY ACCESS PERMIT
.11'10/0101il(1(:: 1 Jul//c )1).20 /11.
1 oual Juosdic110w ;at -1 l e Id Count y
Dist/Section/Panel 30210
DOII Ilelnllt Nu: 3()00/
Porth t to $25.00
Date0f1(an6(11MM 5-38-90
lit PERMITTEE;
Ceuage F. and flatJurlo M. Fieldre
2213 ISonneLt. Avenue
1.(1unuucsd Spam};s, CO 111001
hereby (J (((ed purIi((b on to eonStruct and use un uccuss to the state highway ut the loc.allun noted below
111e access shall bu cUnsituCiud. rllailrtaln((1 and used i11 0(.1 :(,(dance with the tennis and conditions of This pullllll,
including the Slate highway Accusal Cauda and listed attachments. This permit !lay be revoked by the issuing
tullnorily it at arty time the pal milled ucco s and Its lase violet() any 01 the terms and Conditions of this permit. The esu
ul ;dv:,nce warning and C011911uC1n}11 9ltlnn Ilasllurs, Luluc:ullus 01((1 Maggots are required o1 all limas during access
l.unSuuclu,n wino. Stalk) nUhl-0l-way In conlunmunt.0 with Mu MANUAL ON UNIFORM TRAFFIC CONI'RO1.
NLv ICE 0, f'ar 1 vl 1lo IssulnU author Ily, aha L10l:,u1 rrnan) And 311015 duly appulnlud agents and employees shall be held
hal n11r ss itlauls( any action fur personal injury or prnpurly 1Janlaga sustained by reason 01 Ih(: exercise 01 the permit.
.00ATION:
Un ilio 50(113, b111e 01 :It 11lgtmoy 1-11) lvont' age , ,r dist once of 1.05E
1e(,1 uasl. trot', (tile Pu,r )y.
4.CCESS TO PROVIDE SERVICE 10;
Single 1an111y residence.
01H"1 TI:MMS AND CONDITIONS:
S1', A t /1 C.11))11 :911121:1.
muNIUII'A1 1 1 Y OR 000111 Y APPIIOVAL
lteyulrocl only when the upinoprlelu local authority relalna lobule( ai1110(11y.
13y (X) _ NoL Required_
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. COLORADO DEPA.MENT OF TRANSPORTATION Local Jurisdiction: Garfield
STATE HIGHW p, 9E Dist/Section/Patrol: 03/32/10
77 ��, r 11 DOT Permit No.: 396114
I
1 Permit Fee: 100.00
l Date of Transmittal: 06/25/96
THE PERMITTEE; LEP 0 6 1996 . APPLICANT:
L j
Tamera D. Duplice D courwrY Tamera D. Duplice
P. 0. Box 516 P. 0. Box 516
New Castle, CO. 81647 New Castle, CO 81647
Tamera D. Duplice - (970) 945-7800 Tamera D. Duplice - (970) 945-7800
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway,Access Code and listed attachments. Th‘s permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
On the south side of State Highway 70 Frontage Road, a distance of 264
feet east from Mile Post 99.
ACCESS TO PROVIDE SERVICE TO:
PERCENT
Single -Family Detached Housing (2 Each) 50.00
Nursery(Garden Center) (2 Acres) 49.00 96
General Light Industrial (4 Acres) 1.00 Ps
OTHER TERMS AND CONDITIONS:
SEE ATTACHED SHEET(S) FOR TERMS AND CONDITIONS
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
By (X) Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify John Smith
with the Colorado Department of Transportation In Grand Junction at 970-248-7360
at least 48 hours prlor to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitt-d
access and have full authority to accept the permit and all it's terms and conditions.
Permittee (X) l<>,-,,,,,Q}—c, DC) Date (`
This permit is not val'. until signed by a duly authorized representative of the Department.
DEPART OF STATE OF COLORADO
di
/
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By (X) ,!D7 I -`%fir• Title Access Coordinator
ta,? ate of issue)
Hequued: L Make copies as n nec✓e)ary tor;
1 District (Original) cal Authority Inspector
pecto
a Pt rtl r Jnr
r
1 Tral lir Fnnino
Previous Editions are Obsolete and will not be used
COOT Form 0101
7ror
Board
Ross Talbott - Chairman
William Montover
Sean Mello
Tom Voight
Gordon Witzke
1
Burning Mountains
Fire Protection District
Box 236
Silt, CO 81652
Don Zordel - Chief
Stu Cerise - Assist. Chief
January 22, 1996
To Whom It May Concern:
This is to inform you that the property located on River Frontage Road, T6S, R92W, SW 1/4 of
NW 1/4, Section 12, West of 6 PM., is within the Burning Mtns., Fire District.
Thank you,
Donald L. Zordel, Chief
Burning Mtns., FPD
•
ADDENDUM
TO: Board of County Commissioners
FROM: Planning Department
SUBJECT: Duplice Petition for Exemption
DATE: October 9, 1996
The Board has been entertaining this exemption petition since February and has allowed the petition
to be continued so the applicant may address concerns related to the potential of water inundation
during certain times of the year. In August, the Board instructed the applicant to engage an engineer
or other qualified professional who should evaluate the site and make specific recommendations as
to the development ability of the site and mitigation of the potential water hazards. Staff discussed
this requirement with the applicant, who indicated she would take the necessary steps to demonstrate
the development limitations to the proposed parcels could be mitigated. To date, no new information
has been submitted for review.
Attached to this addendum is the staff report. inclusive of the up -dates and changes that have been
submitted at the time of this report. Staff recommends that, if no new information has been
submitted, then the Board consider granting only one (1) additional, date -certain, extension of time
for this application. If the required engineering information is submitted, then staff contemplates the
suggested conditions of approval should be adequate, if the Board approves the petition.
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