HomeMy WebLinkAbout1.0 ApplicationApril 29, 2010
Lome Prescott
Olsson Associates
826 21 Yz Road
Grand Junction, CO 81505
Garfield County
BUILDING & PLANNING DEPARTMENT
RE: ZDAA-6340 Tri-State Trucking, Rezoning from Resource Lands/Gentle Slopes to
Commercial Limited
Dear Mr. Prescott:
I am writing this letter regarding the application and you delivered to our office on March 11,
2010 regarding the Rezoning request for Tri-State Trucking. This letter is a follow up to our
· phone discussion concerning your Rezoning application for Tri-State Trucking from Resource
Land to Commercial Limited. As you know, a Pre-App meeting was held on November 13,
2010 with Fred Jarman, Director of Garfield County Building and Planning and a PreApp
Summary was provided to you on the same date. You correctly submitted three copies of your
complete Rezoning application to review for Technical Compliance on March 11, 2010 and the
staff review was due for completion on April 22, 2010.
After evaluation of your application by Garfield County Planning and Legal Staff (as part of our
internal team review process) County Legal Staff questioned the application for Rezoning based
on the inconsistency between the requested zoning and the underlying Comprehensive Plan Land
Use Designation of"Outlying Residential". The Unified Land Use Resolution of2008 requires
consistency between the zoning request and the underlying land use designation and prohibits an
application for a rezone when an inconsistency exists or an amendment to the Plan, as noted in
No 4 below, has not been approved. Also, your application did not demonstrate an Adequate
Water Supply (No. 6 below) for the most intensive use(s) of the land permitted in the requested
zone. The rezoning criteria that must be met are:
4-201 (B) Rezoning Criteria. Unless otherwise provided in these Regulations, an application for rezoning
must meet the following criteria.
1. No Spot Zoning. The proposed rezoning would result in a logical and orderly development
pattern and would not constitute spot zoning.
2. Change in Area. The area to which the proposed rezoning would apply has changed or is
changing to such a degree that it is in the public interest to encourage a new use or density in the
area.
3. Demonstrated Community Need. The proposed rezoning addresses a demonstrated community
need with respect to facilities, services or housing.
108 Eighth Street, Suite 401 •Glenwood Springs, CO 81601
(970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470
4. Compliance with Comprehensive Plan and Intergovernmental Agreements. The proposed
rezoning is in compliance with the Comprehensive Plan and any applicable intergovernmental
agreement affecting land nse or development or an amendment to the Comprehensive Plan
approved prior to filing a rezoning request.
5. Original Zone Designation Incorrect. The proposed rezoning addresses errors in the original
zone district map.
6. Adequate Water Supply. Such an application to rezone a property from one district to another
district shall he required to demonstrate the maximum water demand required to serve the most
intensive use in the resulting zone district p.nrsuant to Article 7-104 of this Resolution.
The current application, therefore, is inappropriately timed for your proposal and is considered
withdrawn and the Planning Department will not process this application any further. For
Garfield County to consider a rezoning request you must first apply for a Comprehensive Plan
Amendment to the "Commercial" land use designation and obtain an approval from the Planning
Commission. I've attached an application which includes the recently adopted process and
submittal requirements.
If you choose to move forward with a Comprehensive Plan Amendment you may wish to address
some of the following issues as part of your application;
• Adequacy of your water supply to support the most intense use(s) permitted on the site.
The Commercial Limited zone allows for multiple uses so you must select a logical
"group" of on-site uses for your evaluation. Your water supply should be appropriate in
both quality and quantity. You must include supporting documents that you have a
physical and legally established water supply by well permit, court decree, pump tests,
and water quality tests.
• In addition to analyzing water demand and availability you should analyze traffic
demand/impacts using a probable set of commercial uses intended for the site.
Do not hesitate to contact this office should you have further questions .
Thomas Veljic, AICP
Senior Planner
970-945-8212
..
Attachment: Comprehensive Plan Amendment Application
2
~ °tl¥J~41ll!~U~~s\~lll~!li\i!l! IJl~L[!l~Fll
· 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO
s as 1 Th'S ~q-s w
/(, bD5 [J. 111 • G:, 4f.~f 11~&1-:C.IO jw;;;z~
STATE OF COLORADO
County of Gartield
)
)ss
)
"'~~
At a regular meeting of the Board of County Commissioners for Garfield County,
Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood
Springs on Monday, thejili_ day of Januazy A.O. 19..2.2._, there were present:
.,.M,,..,,an....,· a.,n'"'S"'rru...,...· t"'h ______________ , Commissioner Chairman
_J~o~hn~M=a=rt=i=n ______________ , Commissioner
~L=any"'"'"'~L~M=cC~o~wn~------------• Commissioner
~D~o~n.,_D=efi~o~r~d _______________ , County Attorney
~Mi~·=ld.,.r,.,ed.._,_,Al,...s.,.d"orf...._ ___________ ~, Clerk of the Board
_.E.,d._G,,...r,.,e""e"'n~---------------• County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLIJfIONNO. 99-01
A RESOLUTION CONCERNED WITH A ZONE MAP AMENDMENT FOR HARRY AND
RHONDA NAUGLE
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has
received application from Herny and Rhonda Naugle for a zone map amendment for the property
described in the application from Resource Lands designation to Commercial Limited designation:
Fll.ort1 Pi ( L -b, C/ L-
WHEREAS, the Board held a public hearing on the 4th day of January 1999, upon the
question of whether the above-described zone map amendment should be granted or denied, at
which hearing the public and interested persons were given the opportunity to express their
opinions regarding the zone map amendment; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
1. That proper publication and public notice was provided as required by law for the
hearing before the Board of County Commissioners.
r' .,
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 parties were heard at that hearing.
3. That the application is in compliance with the Garfield County Zoning Resolution
of 1978, as amended.
4. For the above stated and other reasons, the proposed use is in the best interest of
the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Garfield County, Colorado, that the Special Use Permit be and hereby is approved to allow for the
zone map amendment as identified in the application, upon the following specific conditions:
I. That all representations of the applicant, either within the application or stated at
the hearing before the Board of County Commissioners, shall be considered
conditions of approval.
Dated this Sthday of January , AD. 19.2.2__.
ATTEST: ... , ..... ,
" . '' ,.•'' :: .' .-: •,.
VI ''•t'_-· • . ....... I,'.· . ·. ",/'
.. -:-,..: '·.',:::;'·.
32lt~ ~
. -
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD
COUNTY, COLORADO
Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER CHAIRMAN MARIAN I. SMITH
COMMISSIONER LARRY L. MCCOWN
COMMISSIONER JOHN F. MARTIN
, Aye
, Aye
, Aye
STATE OF COLORADO )
)ss
County of Garfield )
I, , County Clerk and ex-officio Clerk of the Board of
County Commissioners in and for the County and State aforesaid do hereby certify that the
annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the
Board of County Commissioners for said Garfield County, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County, at Glenwood Springs, this __ day of , A.D. 19 __ .
County Clerk and ex-officio Clerk of the Board of County Commissioners
i
I
NAUGLE EXEMPTION PLAT
The SW 1/4 of the NE 1/4 of Section 25, 'J'.6S, R95W of the 6th
Garfield County, Colorado
GRAPHIC SCALE
( lN FEET )
1 inch .. 100 n.
SO\lth fin.. of w._mr 114 f),f ~-NE _i/4 o.f_S~
North HtW o/ t~ SIT 1/-1 of tM NE 1/4 of S•riL<m 26
/
I
I
I
Found rebar & red
plastic nap @ ~ NE t/16 corner
Section 25, T6S, R9511'
-7
/
/
/
"' N4W'48'-llfE
14Bf.83'
/
T 6 S
_,-'/ ~ e"'"
/ e°'s"~ / """'lb y . _
_ ,,e,1 ro""
/
n
Aocess road to Naugle livestock/
"" ,..r:> barns and pasture ', /
-----~.,..,,...-------....... --.. ...... .,,...,,../_. -, ..................
,f'~
.,Olt¢<:::, ~
Subject Property
}'(IV.nd nr~tlll'" .:l' v11Uttw
pla.ttic cup -'"-.e'-""'-·-.------------'r------>
j "'
·l ~ " " ~ b ~ "
'o' "" ·~
"' FD1.4nd nb<.<r Jc y.-llow
pl.=ti.c <'14J' ~n plact-
. ~~
. l?
. \;
. :Y°''>),
,,., .. ~ "?>~~
TBS
24 ,..;. 19
"'
To Rifle 8.5 miles -----
Boundary of entire parcel from which this
exemption is to be ma.de .
Total area of parcel 248.22 a.cres
Exemption tract 6.89 acres
Vicinity Map
So«~: t" = BOO feet
Area of parcel after
e:ce?nption 241.33 acres
Notes:
Bt:Uri:tr of Bearing for thUt St.Jlr'IJB1J is N Of/'03'3//"tr along the weat line of tM
SE 1/4 of the NW 1/4 of Seot(on 25~ T6S, R95Tr, o/ the 6th P.M., the oorn..era
mon1.l!t7Wnted wtth reb«rlf and yellow plutio o<ips.
CE de«oription of the entire pa.reel from whioh thV 6'X"emption ~ made is
ded in Cc.rfi,$ld CO'Ufl.ty Reoord.B cit Boole 868 Page 148, a.nd oonta.ins
~ p ox. 248.22 a.cres, After this e:cemptian, a,ppro:c. 241.33 acr1!8 will rem.a.in.
Svmbol "A" indicates CDOH R/1r pe'tnts.
Sym.bot "O" indioa.tes rebar a.nd plM«c ca.p atu.mped LS #9009
pla.oed during th.is survey.
; The minimum de-fen.ribie apctce ctist«nce ahtiti be 30 feet on level
terrain, pltut appropriate modifica.tion to recognize the increased
ra.te o/ fire a-pread a.t 1tloped aites. The '171'!thodoWgy del'lcribed in
NFPA 299 ·Standards /or protection of life ttnd property from wildfire"
The individual lot owner1t slutU be reaporiaibte for tJw control of
no.zioua weed.a.
Soit conditions on the Bite ma.11 Tequin engineered. 1teptic 1t111ttem:J
LEGAL DESCRIPTION
..A tract o/ ta.1'1.d. contained within the SW t/4 of the NE f/4 o/
Sactton 26, Townah.ip 6 South. .Range 95 1fe1tt of t1t.e-8th P.J/., in
Garfield. County, Colorado, mere pa.rtictaa.rly deacribed «a JoUows;
Beginning on th.e northerly R/ff line o/ Interstate 70, whenoe the
BLM brcua oa.p a.t the NE corner of aa:id Section 25 bea.rs
N 4f142'41fE 280t.89 feet. thence-"'long said northerlt1 R/'ff line
the JoUcwi:n.g /ov.r ooursttt; S 07 31 '0(J' E 180.80 feet;
S zzt3•3(f'1f tf1.SO feet; S $'r29'0(f"lf 509.90 feet ttnd
S 48'47'3d'W Sf8.S6 feet; thence l-ea.ving sa.id nortlwrty R/W
N 4Ut6'4Z°'f( 218.08 feet; thenee N 39'4$'1ffE 1050.00 feBt;
thence S 41"3t'OriE 191.00 /Bet to Yu po-int of beginning,
oonta:ining 6.89 a.ores, mc1'6 or tesa.
EASEMENT DESCRIPTION
An ea.aement /or wat.erline purposes, being 20 feet wide, conta.inG"d
within the E f/,Z of the NE f/< and the SW f/4 of the NE f/4 of
Section 25. ToUl'nahip 6 South. Ra:ngB 95 West o/ tJw 6th. P.M.in
--------~-.__! i§'°'r;;:,'V I -, .. I ~~~--1--0 ,.~::------;z:.~,. ,.>o , L-----/ Vl _/ __ ,,,~----1 -,""' /
,, ,. ~,~ I ,. ;/' -4'1 ,., )
//// cy~' /'/j / ~~a.ahed bounda.TY li?w Ur
/// / ~.t::':"v "-l'-.r_70/ / , / ~/{-not <ncludec! in limited""""'
/I !'\ ~ I "', '¥:::J' r"' acce~-/-'t; Q recorded in Book 602
1 1 o; \() '€_aspn n ,,, ,.,..-0 Io, a.t Paq• 606.
/; / r;;:, ~ r I ~ ,.,. -t>J // J'-0o I Book 60, Jage 603 . --J;DOH R/11'
1 I <.; ~ /-------monument t~ I)-/-' S22'13'30"W ~
; <b"r;;:,<$, "-...::.111.90· ii
":!4'"' i:lr;;:,· / J ;
/ .;;. ..._r;;:, Exe ption Tract ~ \
I I 6.;9 aoros iv<\()
I / ~v
8" dia. gas
pipeline /j
A__30' ~\
/~
<"~ d<~'r->·
-~ v" -~ o\ ~I
/
line easem,ent
Power 602 P~ae 601 Book
s••>" / / • ~------J
, 11,. NE ..J/.:I !fL .fi!!L~ - --tM ~ f/4 ..!!f..:r-=-- -South Jin..!!}'_ ------------
/
'
/
/
n.o.%ict.t4 weect&".
Soil condition$ on the nte may requi'N enginettred septic 81/Btfl'ffltl
and building foutida:ticrt.9'. Site 11pecific perco!a.tion tests a.t the
tim.e of building permit aubmittc:U ah«U determine BpBr:risfic !SDS
needs on tM 8i.te.
Onty one { 1) dog wilt Oe allowed for each residen:tia~ unit within
th£ exemption pa.reel a.nd the dog shalt be required to be conJ'ine.d
within the owner.w property bound<irUB.
AU ezter\or ii{lh«ng shall be the minimum o;m.ount micessa.ry for
sa,fety ix.nd aecurity a.nd all exterior lighti:ng Bha.U be directed
inwa.rd. except tha,t provisions may be made to a.Uow for safety and.
1/16..tro.rlty Hghti'Ttfl th.at goes beyond the exemption pa.reel bounda.'l"ies.
/ Wt open hearth. sotid.-fuel j'i.replc.cea will be a.Uowed within the
exemption patrcel. One (f) n.ew aolid. juet burniing atove aa defined by
/
C.R.S. 25-7-40.., et. seq. <ind the regulation.a promu.lgated thereunder
wiU be a.ltowed in a.ny dwelling unit. All dweUing unitw will be
allowed a.n unrestricted numbe7' o/ natural ga.s burning wtouea-a.nd
" "
appli«.ncea.
Exemption Certificate
Thia Plat a.p2""o-t1"d by reBolution of the Boa.rd oj County Commiseionen a.t
Garfiel.d. County, Colorado this _da.y of _____ , f 998, In filing with the
Clerk and RecorMr of Garfield County, ruch approvat in. no way iniplies
that the itiformation shown hBrein is true o.'ltd a.oourate bu.t does it\.dioa.te
that this Plat is ezempt from and not tTUbject to regulation under Go.r~ld.
County Subdivision Regul.a.tions at tM «me of it's filing.
Cha.irma:n
Attest:
County Clerk
County Surveyor's Certificate
Approved for content a.nd form onty and not the accuracy of surueya, ca.lculation.s
or drafting. Puruu.a.nt to C.Ji.S. 1973. 98-51-fOf et. seq.
B1p
Garfield County Sun;eyor
.Da.te:
f 1
;;;i.hi;;'"ih.;'"E '1/2 -oT"iA;.'!r1f"i'/i~;;.,. ·u;,;,··s;,· 1/4 ··i t'i.e NE ·;·7.;-~i
SeC"tion 25, T01.Vt!.Bhip 8 Swth, Ra.nge 95 JYeat of the 6th P.M.in
Ca,TfieUl Counq;, Col.ortul-o, moN pa.rticu.Uirly described as fol.lows;
Beginnirig a.t tJw NB corner of ea:i.d. eMtmt.ent, whence the NE corner
of sa.id Section 25 bea.ra N46'46'4lf E f46f.83 feet, thence
S27'f6'3d'W 378.97 feet; thence S43'04'4'iW 470.20 feet;
thence N4f'3f'Off'11' 20.09 feet; tlumce N48'04'4'1"E 465.$4
feet; thenoe N27"f8'3tfE 374.19 feet: thence S6Z43'2f"E
20. 00 feet to tJi.e point of beginning.
Clerk and Recorder's Certificate
Th~ plat waa fi.1.ed. for record in the office of the Cleric and .Recorder of
Ca.rfielc:t Coun.ttf nt __ o'cl.oc1c _.M., on the da.y of , A • .D .. 1998,
and i!' duty recorded in Book __ , Po,ge _, Reception No.
C«Jrk a.net Reo01"der
JJeputy
Surveyor's Certification
I, Jerry Ba.u.er, do hereby certify that I am a. Regi.$'ltred Land. Su.rveyO'r,
ticll'l"lSe<t u'l"t.der the la.wa of the State of Colorado, that th.ill plat is a true,
OorY'Bot cm.ct complete plat of the Na:ug'!e Ez~p«<m. cia la.id out. platted,
dedicated a.net ah.own hereon, that such plat was made from a.n a.ooura:te
survey o/ said property by me a.nd under my :ruperviaicn cm.d correctly shows
the Looatio~ of the lots, *"a.aements a.nd sf.reef# of said su.bdivi.rion M the sa.om.e
tJ.re eta./ced upon the ground in complia.nce with a.pplioable regulations govenii719
the subdivision oj la.n.d.
In witness whereof, 1 have set my ha:n.d a.nd eea.t this __ da.v of 1998.
,-'j L Ci" I,/;/ L ,1 • Jerry Bauer (~t t-...." -~ / ""J "' c. ..Yu ' 1 r-or.,,) '11 7 P.L.S~ /19009
Revision 9/22/98 Added water line easement data
!=rdlp.!irdlcl ror,
!-!ARR'!" 1.. ANO Ri-iONOA K. NAIJa.1.S
1661l'& 1-iW'I". !!>, P.O. 60>< 62~
!=all•i.1!, co. 816Sll'
~ii:ii-e.2&-1139
Drawn b'\f" JB Checked b..,_1: JB
!=reparecl by,
.Jl!RR'I" SAUER
i=1.s 11ei:iii:iie
18&4 CO, ROAO 2~3
!'!!Fi.I!, co eie.si:ii
e1a>-11>2&-1e12
REOUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
r
·~ •
PROJECT INFORMATION AND STAFF COMMENTS
A zone map amendment.
Harry and Rhonda Naugle
"l~
BOCC 1/4/9'3'
A tract of land located ino Section 25, T6S
R95W of the 6th P.M.; 16605 Hwy. 6, Rifle,
north ofl-70 at the Rulison interchange
6.89 Acres
Well, with cistern storage
ISDS
Rulison Road
EXISTING/ADJACENT ZONING:
f'!ZL:>T'o .. e:-0 z[YU1,.J[,-
RIL, Resource Land
.:::../ (., C:c:>M ()< ~~ I 4 <-~ IN< 1 'n.:i1:J
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The site for the exempted lots is located in Rulison Industrial Park as designated by the 1984
Garfield County Comprehensive Plan's Proposed Land Use Districts. The proposal, as a
residential use, is in conflict with the intent on the Plan, which is to develop areas along
interchanges as commercial and industrial uses. The Plan further identifies several
performance standards, which impact directly on the proposal as a residential use, they are
as follows:
a. Water and Fire Facilities: This section identifies the potential for
inadequate water pressure resulting in fire hazards, and, a lack of
water capacity for adequate water service.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The site is located at the 1-70 Rulison interchange on the north-west
side of the highway, seven miles east of parachute. The proposed 6.89 acre tract has
1-70 along the south side of the proposed lot and is accessed via Rulison Road. The
lot is gently sloping to the south, and vegetated by scrub, sage and other dryland
grasses and brushes. (See location map on plat.)
B. Project Description: The application indicates that the applicants are seeking re-
zoning of the property to operate an agricultural support business namely a feed and
general store.
ID. MAJOR ISSUES AND CONCERNS
A.
B.
Zoning Resolution: Section !0.00, Amendment, of the Garfield County Zoning
Resolution, allows the Board of County Commissioners to amend the shape,
boundary, number or area of any district.
Water and Sewer: The site can support .limited commercial development. Any increase J~
in the commercial nature of the property will require greater water and sewer<i_,
capacities which may not be feasible.
IV. SUGGESTED FINDINGS
I. That proper 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.
3. 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 APPROVAL, with the following condition of approval:
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.
T 6 S
Subject Property
Tou:rv:.t TCbM"" J: v•Uow
pkufi.o' Otlp _;"_:_•_""'~'~.-~~~~~~~~~~~\-~~~~~~
To Rifle 8.5 miles I
~Joo · ~f ,.;/Rulison Interchamg~:::::=='===============
-[~
6 "' ~ b ~"'
'.;> "'
·5
"' Fll'U?id nb"r & yellow
pla.!M oa.p {n ptao•
. ~~
. !?
. ~
. '.SJ°'¥,
,, .. ~ "?>~~
Boundary of entire parcel from which this
exemption is to be ma.de .
Totai area of parcel 248.22 acres
Exemption t1'act 6.89 acres
Vicinity Map
Soal.e: t" = 800 feet
Area of parcel after
exeniption 24f.33 acres
Notes:
Bcuri.zt of Bearing far this Survey is N 00'03'3/i '1f' a.lcmg the weat line of th-e
SE 1/4 of t1w NW 1/4 o/ Seot(on 25, T6S~ R951', of the 6th P.JL., the oornera
monu.m,ented with rebcira and yellow pta.atic oaps-.
fl;'. r.ieaoription of the en.tire parcel from which thia exempf:icm. U ma.<U '¢8
ded in Ca.rfield Cou:n.ty Reoorcbl a.t Book 868 Page 146, a.fl.d oonta:lns
* 'P ox. 248.22 acres. Afte'Y' this 6a:emption. approx. 241.33 acres wiU rema.in.
SyttWot "A" indicatea CDOH R/W' points.
StfJnbol "O" indiccttes reOar a.nd pla.stic ca.p ata.mped LS f/.9009
placed during this auntey.
l The minimum d.efenaible apa.ce di8ta.noe eOOU be 30 feet on level
tltt'T'ain. pltu appropria-te modificcition to recognize thfl increa.sed
rate of fire a-pread at 11!.opst.l aitea. The f'TUJthodology deacri.bed in
NFPA 299 • Sto:nd.a.rrht fer protection of U/e a;nd property from wildfire"
The indivtdu.el lot own.er" wh..ctll be t'e.tponribl.e for the control of
no.fl.ous weeds.
Soil oonditicna on the Rife nm11 require e-ngineBTed iteptic ay•tenw
LEGAL DESCRIPTION
A tract of land, oontained within tM SW f/4 of the NE f/4 fl/
Section 26, Townahip 8 South. Range 95 Jfe!'t of ~ 6th P.Jl.> in
Garfield County, Colorado, men p«-rticula.rty described a3 Joltow";
Beginning on t1i.e northerly R/1' line of Interstate 706 whence the
BLJI bru.e• oa.p a.t HK NE corner of .ira.id Seotion 25 bears
N 40'42i4tfE 2801.89 feet. thence a.long .Qa\d northeriv R/.,, line
the following four course"; S 07 3 t 'O(J' E f 80.SD feet;
S 2Zf3'3d"1f fff.90 feet; S 3'!'29'0tf1f 509.90 feet a..nd
S 4lf47'S(f'W S.f8.SO feet; thence Z-ea.ving s-a.id nortMrty R/W
N 4trt6'4r1' 1!18.08 feet: tlumcs N 33"43'1/l'E fOSfJ.00 feet;
thence S 41•s1•0<1E f9f.00 feet fo tJu point of begi"nning,
oontciining 6.89 a.crea, me-re or tess.
EASEMENT DESCRIPTION
An ea..aem.ent for wctteriine pur:poaes, being Z() feet 'Wide, contained
witMn th4 E t/Jl of tho NE f/4 <>nd tho SJI' 1/4 of the NE 1/4 o/
Stction 25, Town.ship 6 Sout~ .Ra:n.ge 95 West of the 6th P.M.in
-------::::.:.·---~.::----( o,·~o.; I ~~-~1--.., u;
,,.... ,,,..,. ',..., --/ ..... /-/-; .... " .S'x; r ------..... """' /
,...................... '<U, Q.I /_ \.Jl _,,,,/ I ......
,/,/' ¢>~'¢'~ /.-;/' -&'::q,,,-::/ ) / / I ~~ ~ " ////// ~ /,.:; ~ Dcuhed bounda:ry lirni 13 / / ~'\';J'll "l' '1-70,,.acces r? r-: not incl~ect in li'lnited acces, ;1 / ".\..i$ '(:) / ', V i' /"" /co o recorded 1.n Book 602 / ..,. '€as~rn ,,,,. _.,,/ c U oat Page 606. // I ~:'.<' I ----.... -. , I/ 111. 00 Book 60 :Page 603 t"1
'1 '\ "\) ' / • -..-..fDOH R/W I -/-------monum.ent
I .~4; '!--/ ' S22'f3'30"W '°I ~*''~~<i, / "';1111.90' i0 \)
/ ~":> ,~":i Exe ption Tract !1 \>\S
I / 6.119 acres ~ -0.\J
/ [;! ~-
~ ~ :\ .. ~ ;/ s r1\J
I / {;~~°'°?~ /~I \/
I \ "" , iV
,;(_30'
/ ""-.
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' i)
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/
~I
Power 6it0'rJ/ ;::;:=7
// ~ ~-----_J • n# tM §$_!~.2/.JAf....!!§...1/.±_EJ..§JL~---SOU~ff&_E.,_ --------
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'
NAUGLE EXEMPTION PLAT
The SW 1/4 of the NE 1/4 of Section 25, T6S, R95W of the 6th
GRAPHIC SCALE
ll 1GC" 2r' ~ ! I --?-_ __J
( IN FEET }
1 inch .,. 100 ft.
Sou:th ful4 of W ll1f" t /4 of_. ~-11$_1/4 Q..L.£~
NarU.. lW of tM SI' 1/4 <J/ th.-NE 1/4 of S•offon ;U
/
I
Garfield County, Colorado
I
I
Found rebar & red
plastic uap @
NE 1/16 corner ~
Section ,W, T8S, R95W ""
/
/
--7
/
"' N4ff4~'41/'E
t46f.8S'
T 6 -S
"11"1
,,,../
/, ,.1'"
/ ,.~,.~
/. ""'"",. './" -.
f OVle'<
/
n
/, Aooess road to Naugle livestock/ "
barns and pasture , / al'
--~ ~ ----=-------_.,.,"<it _,,. ---...... <:i. " ,,,.,,.../ ; .................... (b ~
/
/
noXie'l.Ut weea.tJ.
Soil condition.a on the rite m.ay require engineered S"eptic system..s
a:nd building /ounda:ticna. Site ~eci,fic pt?Tcola.tion tests a.t the
titt'f..E of buit<ting permit irubmittctl aha.U detenni-ne ttpeei,fic ISDS
needs on the site.
Onlt1 one ( 1) dog 'WiU 0.e a.tlowed /or each-reaidenti4Z unit within
the e~emp«on parcel and the dog shall be required to be .oonfi~d
within the-own.era property boundaries.
All e:z:terior lighting shall be the minimum 0.17WUnf nBcessa.ry for
sa.fety a.nd security and a.Lt exterior lighting shalt be directed.
inward, Gxcept that provisions ma.y be mctde to allow for ~<:tfety and
lfllJl.._ourity lighting that goes beyond tha e.zemption parceL boundarUJs.
/ ~ open hearth solid-Ju.el ff.replc.cea will be allowed "Within the
exemption pctroet. Onci (f) mw solid jmt burning .atove wt d£fin,Bd by
/
C.R.S. 25-7-4«. 11t. seq. a.nd thv regulation.a promulgated thereunder
wilt be a.Uowed in en.11 dweUing unit. AU dwelling uniia witl be
allowed en unretttricted number of natural gas burning atovea a.mt
""' '"
a.ppli«noe,-,
Exemption Certificate
This Plat approved by resolution of the Board o/ County Commission.en a:t
Ga.rfield County, Colorado this _day of __ _,. 1998, Jn fiting with the
Clerk and Reco7"dRr of Ga.rfietd County, 81.lch approvo.i in no wa.y intpHes
tho.t the i1"\(ormation ah.own herein is trus and aocurate bu.t does indicate
that this Plat ia et:eempt from <ind. not subject to regulation under Go.r~ld
County Suhdiviaion Regu.ki.tionB at t1W1 time of it's filing.
Chairman
Attest:
County Clerk
County Surveyor's Certificate
Approved for content and form only a.nd not the accuracy of surveya, calculations
or drafting. Pureua.nt to C.R.S. 1973, SB-51-tOt at. seq.
1J1p
Ga.rfield. County Su'l"Veyor
Date:
f1
";,;iu';i;;'ti;;'"E '1/2 -.Tu;;,·nE1!;-~;{a ·;,;;;·sw.· t'/i .• j t'i.-; NE 'i/:4-~i
Section 25, Township 6 South. /la.'11{Je 95 1Yeat of the 6th P.N.in
C¢rfie1.d County, Cok>Tcido, more parlic-ul.a:rly described aa /oUowa:
Beginning at tM NE corner of aaid. eMement, wMMe the NE corner
of Ba.id Section 25 Oea.ra N46"46'4ff' E 1461.83 feet, thence
S27'f6'39*W 376.97 feet; thence S43'04'4'1'1F 470.20 feet;
thence N4f'81'0(/'1f 20.09 feet; thence N4S'04'4'1"E 4115.54
feet; th.enoe N2Tf6'3!i'E 374.f9 feet,· thenoe S6Z4.:J•21"E
20. 00 fest to the point of beginning.
Clerk and Recorder's Certificate
ThiB plat wa.a filed for record in. the office of the Cleric and Reoorder of
Ca.rj'ield County <tt __ o'olocA: _.M., on the ®V of , A.D .. 1998,
and is duty Tecorded in Book __ , Page , Reoeptwn No.
Cl-BT'k and Recorder
lleputy
Surveyor's Certifical'ion
I, Jerry Bciuer. do hereby certify that I am a Registered Land Su.rtieyor,
li~fl'l'lSed undsr the ia.wa of the State of Cotora.do, tha.t this p!a.t is a. true,
correct a.nd complete plat of the Naugle E:t8t1\ption as ta.id out. platted,
dedicated a.nd shown hereon. that such pl<Lt WC1$ mads from a.n a.ocurc:te
survey of aa.id property by me and under my supervision and eorreotiv s-Jutwa
the tooa.tions of the lots, ectSementa a.nd streets of Ba.id S"tLbdivision as tM aa'1"1'WI
a.re staked upon the gro~r:l in compliance with applicable Tegulcttions gotiern.ing
the ndidivision. of land.
In witness whereof, I have Bet mv hand and seal this __ day of 1998.
/ 'j 1. ,,-1,, J, j; / L , / ' Jerry Bauer r-1 (,..,Ci -P-< 1 "'J ~ "~ c. ~ · 1' r-dr. ~ "/)' . P.L.S, f/9009
Revision 9/22/98 Added water line easement data
t=repllrecl for,
HARR'!' !... AND RHONDA K. NAU<::ii!..li
16601.'> HW'!'. 6, i=.o. eox e2e
i'<l .. !..E, CO. etl!>i.'>O
e10-ie.2s-1t:oe
Drawn b'H' JB Cheeked lnr: JB
t=reparecl by,
JEi'<R'!' BAUER
!='!..€> #'l)OO'll
tei.;4 CO, ROAD 2e:o
Rl.,.1-l!i, CO Sti!>&c::>
e10-e.2&-ta12
Tri-State Trucking
Resource Land Gen1\s Sbpes to Commercial Limited
Rezoning ....... ZDAA-3-1D-634D
Zone District Amendment
Tri-State Trucking, LLC
ParcelNo.217325200036
OLSSON
ASSOCIATES
OA Project No. 2009-2586
March 2010
826 21 Y, Road I Grand Junction, CO 815051970.263.7800 I Fax 970.263.7456
MAR 11 2010
G/~F<FiF:.L..iJ c:cJL)hJ'T'Y
BUiL.JJJf\JC; 6: Pl .. ANNl,NC:~
OLSSON
ASSOCIATES
March 8, 2010
Fred Jarman, AICP
Garfield County Building and Planning Department
108 81h Street, Suite 401
Glenwwod Springs, CO 81601
RE: Tri-State Trucking, LLC Zone District Amendment
Tri-State Trucking, LLC, (Tri-State) owner of Parcel No. 21732500036 located north of
the Rulison 1-70 interchange is requesting the approval of a zone district amendment.
The subject parcel is approximately 54.01 acres and is currently zoned Resource Land:
Gentle Slopes. Tri-State is requesting that the subject parcel be re-designated as
Commercial Limited.
The subject parcel is located in an area that has accommodated a significant increase
in activities related to natural gas development. Additionally, the amendment
anticipates the expansion of natural development activities within proximity of the
subject parcel and reinforces consistency of zoning in the region by addressing existing
land uses permitted by Special Use Permit.
The proposed zone district amendment is intended to allow for the development of the
subject property consistent with adjacent zoning and existing uses found the area.
Should the subject parcels zoning be amended and designate the parcel Commercial
Limited, the implementation of the commercial performance standards identified in
Section 7-807 of the Garfield County Unified Land Use Code of 2008, as Amended (the
Code) would be required. The standards listed below provide a level of mitigation that
is enforceable by the County.
826 21 Y, Road
Grand Junction, CO 81505
TEL 970.263.7800
FAX 970.263.7456 www. oaconsulti ng. com
SectiOn 7-807 Additional Standards for Commercial Use
A. Operations Conducted Within Enclosed Building. All fabrication, service and
repair operations shall be conducted within an enclosed building.
B. Storage Requirements. All storage of materials shall be within a building or
obscured by a fence.
C. Restrictions on Loading and Unloading Operations. All operations involving
loading and unloading of vehicles shall be conducted on private property and shall
not be conducted on a public right-of-way.
Section II (5.9) of the Garfield County Comprehensive Plan states that "The basic idea
of zoning is to separate potentially conflicting land uses". As demonstrated in the re-
zone criteria response narrative, the proposed zone district is consistent with the
existing neighborhood character. A contiguous parcel (Parcel No. 217325100037)
owned by Harry and Rhonda Naugle is currently zoned Commercial Limited. The
location of the subject parcel is ideal for commercial uses currently identified as "use by
right" in zoning matrix found in Section 3-501 of the Code.
Please do not hesitate to contact me should you have any questions or need additional
information.
Sincerely,
Craig Richardson
Permitting and Compliance Specialist
GARFIELD COUNTY
Building & Planning Department
108 81" Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
MAR il 1 2010
www.garfield-county.com _ . -\()-(l)-SL\D
REZONING: ZONE DISTRICT
[AMENDMENT TO AN EXISTING ZONE DISTRICT ON THE OFFICIAL GARFIELD COUNTY
ZONE DISTRICT MAP OR A ZONE DISTRICT WITHIN AN EXISTING PUD
GENERAL INFORMATION (Please print legibly)
)> Name of Property Owner: _T_r_i_-_s_t_at_e_T_r_u_c_k_i_n~g~-------------;
)> Mailing Address: _P_._o_._B_o_x_7_89 _______ Telephone: (435) 789-2680
)> City: Vernal State: UT Zip Code: 84078
)> E-mail address: tristate®skybeam. com
Cell:~) 828-0533
FAX: ( 435) 789-2681
» Name of Owner's Representative. if any, (Attorney, Planner. Consultant. etc):
)> Olsson Associates (Lorne Prescott & Craig Richardson)
» Mailing Address: 826 21 1/2 Rd Telephone: ~)263-7800
)> City: Grand Junction State: co Zip Code: 81505 Cell:~ 210-6889
)> E-mail address: lprescott®oaconsulting. com FAX: (970 ) 263-7456
)> Existing Property Zone District: Resource Land Gentle Slopes
» Existing Comprehensive Plan Designation:--------------
» Proposed Zone District: _c_o_mm_er_c_i_' a_l_L_i_· m_i_t_e_d ____________ _
» Purpose for the proposed Zone District amendment:
To accomdate commercial activities consistent with the uses on
adjacent properties.
Last Revised 12112108
I. APPLICATION SUBMITTAL REQUIREMENTS
This Application applies to owners of real property in Garfield County who desire to change
the zoning of their property as shown on the Official Garfield County Zone District Map or to
change the zone district of an existing Planned Unit Development (PUD). As a minimum,
specifically respond to all the following items below and attach any additional information to
be submitted with this application:
1. Submit a cover letter containing a detailed narrative describing the purpose of the
proposed zone district amendment.
2. Submit a copy of the deed, legal description, and copy of the County Assessor's Map
of the real property, owned by the Applicant in Garfield County, which will be affected
by such change.
3. If you are acting as an agent for the property owner, you must attach an
acknowledgement from the property owner that you may act in his/her behalf. If the
property is owned by a corporate entity (such as an LLC, LLLP, etc.) Please submit
a copy of a recorded "Statement of Authority" demonstrating that the person signing
the application has the authority to act in that capacity for the entity."
4. Submit payment of the $300.00 base fee and sign the "Agreement for Payment" form
and provide the fee with the application.
5. Vicinity map: An 8 % x 11 vicinity map locating the parcel in the County. The
vicinity map shall clearly show the boundaries of the subject property and all
property within a 3-mile radius of the subject property. The map shall be at a
minimum scale of 1 "=2000' showing the general topographic and geographic
relation of the proposed land use change to the surrounding area for which a
copy of U.S.G.S. quadrangle map may be used.
6. A copy of the Pre-Application Conference form from the original Pre-
Application Conference.
7. Please provide a response that demonstrates that the request meets the following
criteria:
a) No Spot Zoning. The proposed rezoning would result in a logical and orderly
development pattern and would not constitute spot zoning.
b) Change in Area. The area to which the proposed rezoning would apply has
changed or is changing to such a degree that it is in the public interest to
encourage a new use or density in the area.
c) Demonstrated Community Need. The proposed rezoning addresses a
demonstrated community need with respect to facilities, services or housing.
d) Compliance with Comprehensive Plan and Intergovernmental Agreements. The
proposed rezoning is in compliance with the Comprehensive Plan and any
applicable intergovernmental agreement affecting land use or development or
an amendment to the Comprehensive Plan approved prior to filing a rezoning
request.
e) Original Zone Designation Incorrect. The proposed rezoning addresses errors
in the original zone district map.
f) Adequate Water Supply. Such an application to rezone a property from one
district to another district shall be required to demonstrate the maximum water
demand required to serve the most intensive use in the resulting zone district
pursuant to Article 7 -104 of this Resolution.
8. Submit 3 copies of this completed application form and all the required submittal
materials to the Building and Planning Department. Staff will request additional
copies once the application has been deemed technically complete.
II. PROCEDURAL REQUIREMENTS
The following outlines the process for a change to the zoning of property as shown on the
Official Garfield County Zone District Map or to change the zone district of an existing PUD.
1. Submit Application. The application materials required for a zone district amendment
are set forth in Section 4-501 (G) and included above.
2. Determination of Completeness. The Director shall review the application for
determination of completeness in accordance with the provisions of Section 4-
103(C), Determination of Completeness.
3. Schedule Public Hearing. Upon a determination of completeness, the Director shall
schedule the application for consideration by the Planning Commission.
a) Public hearing by the Planning Commission shall be held within sixty (60)
calendar days of the date of determination of completeness.
b) Public notice of the hearing shall be made pursuant to Section 4-103 F, Notice
of Public Hearing.
4. Evaluation by Director/Staff Review. Upon determination of completeness, the
Director shall review the application for compliance with the applicable the standards
set forth in Section 4-201 C, Rezoning Criteria. A staff report shall be prepared
pursuant to Section 4-103 E.
a) Review by Referral Agencies. The Director's evaluation of the application may
include comment by referral agencies received under Section 4-103 D, Review
by Referral Agency.
5. Review and Recommendation by the Planning Commission. A rezoning application
shall be considered by the Planning Commission at a public hearing, after proper
notice, conducted pursuant to Section 4-103 G, Conduct of Public Hearing.
a) Recommendation by Planning Commission. The Planning Commission shall
recommend approval or denial of the application based upon compliance with
the standards set forth in Section 4-201 C, Rezoning Criteria.
(1) Recommendation of Approval. If the application satisfies all of the applicable
standards, the Planning Commission shall recommend that the application
be approved.
(2) Recommendation of Denial. If the application fails to satisfy any one of the
applicable standards the Planning Commission shall recommend that
application be denied.
6. Schedule Public Hearing. The Director shall schedule the application for
consideration by the Board of County Commissioners.
a) Public hearing by the Board of County Commissioners shall be held within forty
(40) calendar days of the date of the Planning Commission's recommendation.
b) Public notice of the hearing shall be made pursuant to Section 4-1 03 F, Notice
of Public Hearing.
7. Review and Action by the Board of County Commissioners. The final decision to approve
or deny a rezoning application shall be made by the Board of County Commissioners at a
public hearing.
a) Decision by Board. Following a public hearing conducted pursuant to Section 4-103
G, Conduct of Public Hearing, the Board of County Commissioners shall approve or
deny the application based upon compliance with the standards set forth in Section
4-201 C, Rezoning Criteria.
(1) Approval of Application. If the application satisfies all of the applicable standards,
the application shall be approved.
(2) Denial of Application. If the application fails to satisfy any one of the applicable
standards, the application shall be denied.
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
(Signature of Property Owner) Date
GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT
PAYMENT AGREEMENT FORM
(Shall be submitted with application)
GARFIELD COUNTY (hereinafter COUNTY) and Tri-State Trucking
____ Property Owner (hereinafter OWNER) agree as follows:
1. OWNER has submitted to COUNTY an application for Zone District
Amendment (hereinafter, THE PROJECT).
2. OWNER understands and agrees that Garfield County Resolution No. 98-09, as
amended, establishes a fee schedule for each type of subdivision or land use review
applications, and the guidelines for the administration of the fee structure.
3. OWNER and COUNTY agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. OWNER agrees to make payment of the Base Fee,
established for the PROJECT, and to thereafter permit additional costs to be billed to
OWNER. OWNER agrees to make additional payments upon notification by the COUNTY
when they are necessary as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or
cost of consulting service determined necessary by the Board of County Commissioners for
the consideration of an application or additional COUNTY staff time or expense not covered
by the Base Fee. If actual recorded costs exceed the initial Base Fee, OWNER shall pay
additional billings to COUNTY to reimburse the COUNTY for the processing of the
PROJECT mentioned above. OWNER acknowledges that all billing shall be paid prior to
the final consideration by the COUNTY of any land use permit, zoning amendment, or
subdivision plan.
PROPERTY OWNER (OR AUTHORIZED REPRESENTATIVE)
SigfultUfe Date
Bill Critton
Print Name
Mailing Address: Tri-State Trucking
PO BOX 789
Vernal UT 84078
Page4
Legal Description
A PARCEL OF LAND SITUATE IN THE SEl/ 4NW1/ 4 AND THE SWl/ 4NE1/ 4 OF SECTION 25,
TOWNSHIP 6 SOUTH, RANGE 95 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF
COLORADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLWWS:
BEGINNING AT THE CENTER NORTH 1/ 16 CORNER OF SECTION 25, A #5 REBAR IN PLACE;
THENCE N89°37'21 "E AWNG THE NORTH LINE OF THE SWl/ 4NE1/ 4 OF SAID SECTION 25,
A DISTANCE OF 701.02 FEET; THENCE DEPARTING SAID NORTH LINE S37°53'43"E 357. 70
FEET TO THE NORTH WESTERLY CORNER OF THE NAUGLE EXEMPTION TRACT AS SHOWN
ON THE NAUGLE EXEMPTION PLAT FILED WITH THE GARFIELD COUNTY CLERK.AND
RECORDER'S OFFICE AS RECEPTION NO. 535392; THENCE AWNG THE WESTERLY
BOUNDARY OF SAID NAUGLE EXEMPTION TRACT S33°43'18"W 1050.00 FEET; THENCE
COJi!TINUING ALONG SAID WESTERLY LINE S40°16'42"E 73.06 FEET; THENCE DEPARTING
SAID WESTERLY LINE S89°44'35"W ALONG THE NORTHERLY LINE OF PARCEL 2, AS
DESCRIBED ON THE NAUGLE BOUNDARY SURVEY, DEPOSITED WITH THE GARFIELD
COUNTY SURVEYOR, NUMBER 611, A DISTANCE OF 380.35 FEET; THENCE CONTINUING
AWNG SAID NORTHERLY LINE S89°44'35"W 1290.89 FEET TO A POINT ON THE WESTERLY
LINE OF THE SEl/ 4NW1/ 4 OF SAID SECTION 25; THENCE DEPARTING SAID NORTHERLY
LINE N00°05'09"W ALONG SAID WESTERLY LINE 1208.54 FEET TO THE NORTH WEST 1/ 16
CORNER OF SECTION 25, (WHENCE A REBAR AND CAP LS NO. 12132 IN PLACE BEARS
S88°58'57"W 10.17 FEET FROM POINT FOR CORNER); THENCE DEPARTING SAID WESTERLY
LINE N89°44'50"EALONGSAID NORTHERLY LINE 1288.01 FEET TO THE POINT OF
BEGINNING. SAID PARCEL OF LAND CONTAINING 54.011 ACRES, MORE OR LESS.
TOGETHER WITH AN ACCESS EASEMENT
A PARCEL OF LAND FOR THE PURPOSE OF AN ACCESS EASEMENT, SITUATE IN THE
SWl/ 4NE1/ 4 OF SECTION 25, TOWNSHIP 6 SOUTH, RANGE 95 WEST O]i' THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO. SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER NORTH 1/ 16 CORNER OF SECTION 25, A #5 REBAR IN
PLACE; THENCE S56°45'16"E 919. 97 FEET TO A POINTON THE WESTERLY BOUNDARY LINE
OF THE NAUGLE EXEMPTION TRACT AS SHOWN ON THE NAUGLE EXEMPTION PLAT FILED
WITH THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE AS RECEPTION NO.
5:35392, THE TRUE POINT OF BEGINNING; THENCE AWNG SAID NAUGLE EXEMPTION
TRACT THE FOLLOWING THREE (3) COURSES:
1.) N33°43'18"E 272.56 FEET;
2.) 841°31'00"E 191.00 FEET;
3.) S07°31 '00"E 108.42 FEET THENCE DEPARTING SAID NAUGLE EXEMPTION BOUNDARY
S59°57'58"W 141. 70 FEET; THENCE N60°47'25"W 194.10 FEET TO THE POINT OF
BEGINNING. SAID PARCEL OF LAND CONTAINING 1.206 ACRES, MORE OR LESS.
0 . 0
~irt o'dock __ ., ______ ~-~ RccqitionN·-,.::::::::::::-__________ ~-"'°""·
SPECIAL W ARllANTY DEED
THlS DEED, mado this Ftbtuaty lO, :2008,
Harry L. N1u1gle and Rho11da"K. Naugle
.C{IU!lty or Oarlicld, and State of CO, grnmor{s). and
Tri.State Tru~ng, LLC
whoscilepl ltddms Is: P.O. Box 789, Vemal, UT 84078
of the Stau:ofUT, gnntee:
wrnrasS, that tM grantor{s). for and In c.Qnsfdmtfon oflhe sum often dollar$ and (lther g~ and vllfuablc eonslderotion, !he =4it and
sufflc!eney of which 1$ hereby acknowJedged, have gran!Cd, batilalned. sold and 1:011.veyed. and by th~ pre.Rill.~ do want, biupir;. sell, oonwy and
C()nfii:m unto the grnn\eeS, tlielr heirs and llS.'llgns f4«:vcr, an~ tt:a! property, togelJlet wllli lmproveroents, ff1111y, sltustc, lying and being lo the
County or Garfield and Stnto of Colorado de~eribed ~ follows.:
Set attached Exhibit "A"
also kntlW!l by sttt.etandnumbei' AS: 16605 HWY 6 &24, Parachute, CO 81635
TOOBTIIBR with all and singular tho hcrtd!mments and app~ thereunto belonging, or In anywise appertaining. mid th<: tc'lcisitln and
!'CVm!OllS, remainder and mnaindcrs, tt:nlS. lsSues and prnflts th=f, and all the estl1tC, right, tjtlc, lnttrest, claim nnd demand wbal$0evcr of the
graotot{s), tlthet In law or equity, <it; I.re and to the above b~ed premises, wtth the hef(dltamentS and appurtcrrances;
TO HAVE AND TO HOLD the .W:d pmnlsis ib<:lve biugulned and 1ks¢dbe;d,,wJth d)c llPP~C:CS. unto the grantees, thCir bcirs nnd
nsslgn:I in'cver. The ptor(s~ fotlhemselves, 'tmlr heirs, 1111d personal ~vcs, nccessors lllld assigns do covenant snd agm:that they shall
and will WARRANT AND FORBVEll t>BFEND lht c!Sove bargained p."ml!scs In tM quiet and peneeabl11 possession of the, gmiit~ their heirs and
~ agu1ns1. 8ll and evcty pel'S()ll or pel10l\!I cWmlng the whole or aey part therco' by, through or tmderthc, granter(s).
IN WITNESS WHEREOF, the granlcl'(s) have C11:ecukd !his deed on the dato set forth above,
~
STATBOPCOLORADO )
)~
COUNTY OF OAlt.PlBLD )
The foregolog Instrument was aclmowledged before me on f'eblllUlY 20, 200S, byHany L. Naugle and Rhonda K. Naugle.
wrrNESS my hmld and offlcl ~
NotazyPubk
No. 16. Rev. 4.94. SPECIAL WARRANTY DEED
0 0
File No. 060804-0·R
EXHIBIT"A"
A PARCEL OF LAND SITUATE lN THBSB!/4NW1/4 A.NDTim SWll4NBl/4 OF SECTION 25, tOWNSHTP
6 soum, RAN OB 95 WEST OF THE 6TH P.M .. COUNTY OF GARFIELD, St ATE OF COLORADO. SAID
PARCEL OF LAND BEING MORE P..µlTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE,CENTERNORTH 1116 CORNER OF SECTION 25, A #S REBA.Rm PLACE; THENCE
N89"37'2i"E ALONG nm NOR111 LINE OF THE SWJ/4NEil4 OF SAID SECTION 25, A DISTANCE OF
70.J.02 FEET; THENCE DEPARTING SAID NORTH LINE S37°53'43"E 357.70 FEET TO Tiffi NORTH
WESTERLY CORNER OF THE NAUGLE l!XBMPTION TRACT AS SHOWN ON nm NAUGLE
EXEMPTION PLAT FILED WITH THE GARFIELD COUNTY CLERK AND RECORDS:R'S OFFICE AS
RECEPTION NO. 535392; . TIIBNCB ALONG THE WESTERLY BOUNDARY OF SAID NAUGLE
EXEMPTION TRACT S33°43'l8"W 1050.00 FEET', THENCB CONTINUING ALONG SAID WESTERLY
LINE S41)0 16'42"E 73.06 FEET; 11IENCE DEPARTING SAID WESTERLY LINE S89°44'3s~w ALONG THE
NORTHERLY LINE OF PARCEL 2, AS DESCRIBED ON THE NAUGLE BOUNDARY suRVEY,
DBPOSITED WITH 11IB OARFIELl> COUNTY SURVEYOR. NUMBER. 611, A DISTANCE OF 380.35 FBET;
mBNCB CONTINUING ALONG SAID NORTHERLY LINE S89"44'3S"W 1290,89 FEET TO A POINT ON
THE WESTERLY LINE OF THE SEil4NW!/4 OF SAID SECTION 25; 1HENCE DEPARTING SAID
NORTIIERLY LINE N00"05'09"W ALONG SAID WESTERLY LINE 1208.54 l<EET TO THE NORTII WEST
1/16 Cou,NER OF SECT,ION 25, (WHENCE A REBAR AND cAP LS NO. Iii32 lN .PLACE BEARS
S881158'57"W 10.17 FEJ!T ~OM POINT FOR CORNER);.THBNCE DEPARTING $All) WESTERLY LINE
N89°44'50nE ALONG SAID NORTHERLY LINB 1288.0l FEET TO 1HBPOINT OF BBOINNINO.
TOGETHER \\'.ITH A PARCEL OF LAND FOR THE PURPOSE OF AN ACCESS EASEMENT, SITUATE !N
THE SW1/4NB1/4 OF SECTION 25, TOWNSHIP 6 SOUTH, RANGE 95 wEsT OF THE 611i P.M., COUNTY
OF OARFJELD, STATE OF COWRADO. SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER. NORTH 1/16 CORNER OF SECTION 25, A #5 REBAR lN PL:ACE;
TifilNbE S56045'16~B 91997. FEET TO A POINT ON THE WESTERLY f,JOt)NDARY mm OF nm
NAUGLE.EXEMPTION TRACI' AS SHOWN ON UIB NAUGLE EXEMPTION PLAT FILEO WITH THE
GARFIELD COUNTY CLERK AND RECORD BR'S OFFICE AS RECEPTION NO. 535392, THE TRUE POINT
OF BEGINNING; THENCE ALONG SAID NAUGLE EXEMPTION TRACT TIIB FOLLOWING THREE (3)
COURSES:
I.) N33"43'18''.E 272.56 FEET;
2.)S4t 0 3i'oona 191.00FEET: ~07°3l'OOnE 108.42 FEET nffiNcE DEPARTING SAID NAUGLE EXEMPTION BOUNDARY S59°S7'S8~W
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T.68. -R.95W.
Board of County Commissioners
Garfield County, Colorado
108 Sill Street
Glenwood Springs, CO 81601
RE: Rezone Application Submitted to Garfield County, Colorado on behalf of Tri-State Trucking
Ladies and Gentlemen
Lorne C. Prescott and Craig Richardson of Olsson Associates will serve as representatives for
Tri-State Trucking, LLC (Tri-State) and are authorized to act on behalf of, and represent Tri-
state in all matters related to the permit application submitted to Garfield County.
Bill Critton
Tri-State Trucking, LLC
1111 F•l'IA11'l,l,rt'l~~tN« ITA"rf!.l!WWv+i:l.,~·i 11111
Reception~: 781949
02/1112010 03:09:04 PM Jaan Alberico 1 of 1 Rec Fee:$6.00 Doo Fee:0.00 GARFIELD COUNT¥ CO
STATEMENT OF AUTHORITY
Bill Critton as Vice President for Tri-State Trucking, LLC a Utah limited Liability Corporation Is
authorized to act on behalf of, and represent Tri-State Trucking in all matters related to applications for
special use permits, conditional use permits, administrative permits, and land use change permits (and
may execute such applications) submitted to Garfield County until such time as Tri-State Trucking flies
of record statement that Brlll Critton no longer has said authority. Tri-State Trucking acknowledges
that when any such permrR1.ftiissued by Garfield County, the County may choose for them to be of
record and such permits may contain covenants that run with the particular lands identified In such
permits.
Tri-State Trucking, LLC
8-;;:c;;,~ ;4i ..... -::_
Name: Dusty Morris
Title: President
STATE OF Utah
COUNTY OF Uintah
This instrument was acknowledged before me on this 27th day of January, 2010, by
corporation.
Notary Publlc, State of Utah r----.... ~-f:\ibiiC--,
•• ;:ar1.cox 1 I ""-uo:::-I fi.· "°" I ' :1i!" I ... _________ ..,._ ..
GARFIELD COUNTY
Building & Planning Department
108 81h Street, Suite 401
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384.3470
www.garfield-countv.com
I-MIR ] l 2010
GAF<Fi:'cl.D COUNTY
BU\l.D\NC? 8t PL/\NNH~G
PRE-APPLICATION CONFERENCE SUMMARY
TAX PARCEL NUMBER:2173-252-oo-036 · DATE: 11/13/09
APPLICANTS PLANNER: na
PROJECT: Rezone Tri-State Trucking parcel from RL (gentle slopes/ lower valley floor)
OWNER: Tri-State Trucking
REPRESENTATIVE: Olsson Associates (Lorne Prescott & Craig Richardson)
PRACTICAL LOCATION: Northwest of the Rulison exit on l-70
TYPE OF APPLICATION: Zone District Amendment
I. GENERAL PROJECT DESCRIPTION
Owner owns and operates Tri-State Trucking business on the 54-acre property which received a
Special Use Permit for Support Facility Including Warehouse and Storage Facilities" from
Garfield County in 2006.
Tri-State Trucking Inc., is based out of Vernal, Utah, and has extensive operations in Western
Garfield County. Providing services to the oil and gas exploration industry, a permanent site in
Garfield County Is desired. The operation on-site would include truck/trailer maintenance and
storage, short term storage of materials and equipment, gas/oil drilling industry equipment
staging, truck washing facilities and administrative services.
Owner requests to rezone the property to Commercial I Limited. The property adjacent to this
property Is presently zoned Commercial I Limited. It was discussed that if a rezoning occurs, any
use would still need to meet the Commercial Standards which requires screening as well as
meet the standards in the land use code and the goals and objectives of the Comprehensive
Plan.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS (DEVELOPMENT CODE
/COMPREHENSIVE PLAN, STATE STATUTES, ETC.)
)-Section 4-201 Rezoning
)-Section 7-807 Additional Standards for Commercial Use
)-Garfield County Comprehensive Plan of 2000, as amended
)-Specific Rezoning Criteria: (Section 4-201(B)) Unless otherwise provided in these
Regulations, an application for rezoning must meet the following criteria.
1. No Spot Zoning. The proposed rezoning would result in a logical and orderly
development pattern and would not constitute spot zoning.
2. Change In Area. The area to which the proposed rezoning would apply has changed
or is changing to such a degree that it ls in the public interest lo encourage a new use
or density in the area.
3. Demonstrated Community Need. The proposed rezoning addresses a
demonstrated community need with respect lo facnitles, services or housing.
4. Compliance with Comprehensive Plan and Intergovernmental Agreements. The
proposed rezoning is in compliance with the Comprehensive Plan and any applicable
Intergovernmental agreement affecting land use or development or an amendment lo
the Comprehensive Plan approved prior to filing a rezoning request.
6. Original Zone Designation Incorrect. The proposed rezoning addresses errors in
the original zone district map.
6. Adequate Water Supply. Such an application lo rezone a property from one district
to another district shall be required to demonstrate the maximum water demand
required to serve the most Intensive use in the resulting zone district pursuant to
Article 7 -104 of this Resolution.
Ill. REVIEW PROCESS
Section 4-201 Rezoning. Rezoning may be initiated by the Board of County
Commissioners, the Planning Commission, the Director, or an applicant for land use
change. The rezoning request may be processed concurrently with the land use change
application and review process.
1. Pre-Application Conference. A Pre-Application Conference shall be held In accordance with
the provisions of Section 4-103(A), Pre-Applioatlon Conference.
2. Application. The application materials required for review of a rezoning request are set forth
in Section 4-501 (G).
3. Determination of Completeness. The Director shall review the application for determination
of completeness In accordance with the provisions of Section 4-103(C), Determination of
Completeness.
4. Schedule Public Hearing. Upon a determination of completeness, the Director shall
schedule the application for consideration by the Planning Commission.
a. Public hearing by the Planning Commission shall be held within sixty (60) calendar
days ofthe date of determination of completeness.
b. Public notice of the hearing shall be made pursuant to Section 4-103(F), Notice of
Public Hearing.
5. Evaluation by Director/Staff Review. Upon determination of completeness, the Director
shall review the application for compliance with the applicable the standards set forth In
Section 4-201 (C), Rezoning Criteria. A staff report shall be prepared pursuant to Section 4-
103(E).
a. Review by Referral Agencies. The Director's evaluation of the application may
Include comment by referral agencies received under Section 4-103(D}, Review by
Referral Agency.
6. Review and Recommendation by the Planning Commission; A rezoning application shall
be considered by the Planning Commission at a public hearing, after proper notice, conducted
pursuant to Section 4-103(G), Conduct of Public Hearing.
a. Recommendation by Planning Commission. The Planning Commission shall
recommend approval or denial of the application based upon compliance with the
standards set forth In Section 4-201 (C), Rezoning Criteria.
{1) Recommendation of Approval. If the application satisfies all of the
applicable standards, the Planning Commission shall recommend that the
application be approved.
{2) Recommendation of Denial. if the application fails to satisfy any one of the
applicable standards the Planning Commission shall recommend that
application be denied.
7. Schedule Public Hearing. The Director shall schedule the application for consideration by
the Board of County Commissioners.
a. Public hearing by the Board of County Commissioners shall be held within forty (40)
calendar days of the date of the Planning Commission's recommendation.
b. Public notice of the hearing shall be made pursuant to Section 4-103(F), Notice of
Publ/o Hearing.
8. Review and Action by the Board of County Commissioners. The final decision to approve
or deny a rezoning application shall be made by the Board of County Commissioners at a
public hearing.
a. Decision by Board. Following a public hearing conducted pursuant to Section 4-
103(G), Conduct of Public Hearing, the Board of County Commissioners shall approve
or deny the application based upon compliance with the standards set forth In Section
4-201 (C), Rezoning Criteria.
(1) Approval of Application. If the application satisfies all of the applicable
standards, the application shall be approved.
(2) Denial of Application. If the application falls to satisfy any one of the
applicable standards, the application shall be denied.
Public Hearing(s):
Referral Agencies:
);> COOT
x
x
Planning Commission
Board of County Commissioners
(Division of Water Resources, Colorado Department of
Transportation, etc.)
IV. 8£fl,JCATION REVIEW FEE.S
Planning Review Fees: $450.00
Referral Agency Fees: $0.00
Total Deposit: $450.00 (additional hours are billed at hourly rate)
~el'.111.AppJkatlon Proc~
Planner reviews case for completeness and sends to referral agencies for comments. Case planner
contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of
review. Case planner makes a recommendation of approval, approval with conditions, or denial to the
appropriate hearing body. ,
DiKli!Jnru
The foregoing summary is advisory in nature only and is not binding on the County. The summary is
based on current zoning, Which ls subject to change in the future, and upon factual representations that
may or may not be accurate. This summary does not create a legal or vested right.
fre::appJ.kati.011 Summar.}' frepared_b.y,;
Date
Rezoning: Zone District
4-201 C, Rezoning Criteria
Tri-State Trucking, LLC
OLSSON
ASSOCIATES
QA Project No. 009-2586
March 2010
.. -·····-·· -···-··----·-------------
•" 826 21 % Road I Grand Junction, CO 815051970.263.7800 I Fax 970.263.745
Section 4-201(C) outlines Rezoning Criteria that each rezoning application must
address. Each applicable standard identified in Garfield County Unified Land
Use Resolution is addressed below:
A. No Spot Zoning. The proposed rezoning would result in a logical and
orderly development pattern and would not constitute spot zoning.
Parcel No. 217325100037 located south east of the subject parcel and adjoining
the subject parcel is currently zoned Commercial Limited (Figure 1). As a
contiguous parcel is zoned Commercial Limited, rezoning the subject parcel to
Commercial Limted does not constitute spot zoning.
B. Change in Area. The area to which the proposed rezoning would apply
has changed or is changing to such a degree that it is in the public
interest to encourage a new use or density in the area.
There have been substantial changes to land use activities in the area since the
subject parcel was originally designated as Resource Lands. The commercial
activities on the adjacent parcel currently zoned Commercial Limted have
expanded and have become more intensive in nature. Additionally, Special Use
Permits allowing activity that is identified as a use by right within the Commercial
Limited zone district have been issued on the subject parcel and on the adjacent
parcel owned by Douglas and Beverly Teter (Parcel No. 217325300035), located
to the immediate west of subject property.
C. Demonstrated Community Need. The proposed rezoning addresses a
demonstrated community need with respect to facilities, services or
housing.
Commercially zoned property in Garfield County is extremely limted. According
to the land use breakdown in Section II, of the Garfield County Comprehensive
Plan of 2000, only 14% of the parcels in Garfield County are commercial. The
need for commercially zoned parcels in appropriate areas within the County is
necessary to provide facilities and services that are vital to the responsible
commercial growth of Garfield County.
D. Compliance with Comprehensive Plan and Intergovernmental
Agreements. The compliance;
The subject parcel is located within Study Area Ill, of Garfield County
Comprehensive Plan of 2000 (the Plan). According to the Proposed Land Use
District Map, a portion of the subject parcel may be identified as Light Industrial,
while a majority of the property is identified as Outlying Residential. The subject
and surrounding parcels are characterized by commercial and industrial activity.
Section Ill (4.0) of the Plan focuses on goals, objectives and policies for
commercial and industrial uses in Garfield County. This section of the plan is
intended to act as a guide for commercial and industrial growth in Garfield
County.
The Plan states that a primary goal of commercial and industrial development in
western Garfield County is that it be located at interchanges along 1-70. The
subject parcel is located at the Rulison 1-70 interchange and as such is ideally
situated in an area appropriate for commercial growth.
The proposed amendment is consistent with the objectives as it would allow uses
that are compatible with adjacent land uses, impacts would be mitigated by the
performance standards stipulated in the Unified Land Use Code, and the subject
parcel is in an appropriate area of the County.
The proposed zone district amendment is consistent with the goals, objectives
and policies stated in this section.
E. Original Zone Designation Incorrect. The proposed rezoning addresses
errors in the original zone district map.
The subject parcel was originally zoned Resource Lands in the 1970's consistent
with resource rich lands located to the north. As a result of natural gas
development activities and the required industrial support, there have been
substantial changes to the area surrounding the subject parcel. Although not an
"error" at the time of designation, the adjacent commercial zoning, approved
industrial support facilities and proximity to the Rulison 1-70 interchange
demonstrate that the proposed rezone is consistent with current uses in the area.
F. Adequate Water Supply. Such an application to rezone a property from
one district to another district shall be required to demonstrate the
maximum water demand required to serve the most intensive use in
the resulting zone district pursuant to Article 7 -104 of this Resolution.
Article 7-104 requires an adequate, reliable, physical, long term and legal
domestic water supply to serve a proposed use. The proposed zone district of
Commercial Limted has a wide variety of allowed uses. Currently the subject
parcel is served by an approved industrial water well permit (Permit No. 65714).
The approved industrial water well is augmented by West Divide Water
Conservancy District (WDWCD) contract no. 061214TST. The WDWCD
augmentation of 4.7 acre feet is more than adequate to accommodate the uses
contemplated within the Commercial Limited Zone District.
N
CURRENT I TRl~S ZONING MAP
°'"'"'" GARFIELD 6"ii~ TRUCKING -~~~~~~:::::J~~~~~~~NT:~:C:O:L:O:R:A:D:O~~~~~~~~~~~~~~~~~~~i OLSSON GB2621-1f2R0AD r---'-'G:..UR:..•:.... __ ~ I
A S S 0 C I A RAND JUNCTION TES T coa1sos ' F;~ ~~g:~~;·,~~~~
009-2566
1
DRA\/VN BY: Leslie Boclll
GISAnalys\
DATE:
ORA\l\'N BY:
DATE:
LeslieBoolh
GISAnalyst
0112012.010
PROPOSED TRl-S ZONING MAP
GARFIELD ~~G TRUCKING NTY, COLORADO <Y\oLSSON
ASSOCIATES
N
GB26 21·112 ROAD r---"-G:.:U:.:R:E __ _J
RAND JUNCTION
COB1505 '
~EL970.263.7SOO
AX970.263.7456
2
0 0.5 1 2 3 ---i:::::==~-----======Miles
£::)Parcels
t:::::::J 217325200036 (Area: 44 acres) 3-mile radius indlcated by dark red circle
PROJECT NO:
DAAV'M SY:
DATE:
OOS-2586
Leslie ~olh
G1SAlla1yst
011201:2010
VICINITY MAP
TRI-STATE TRUCKING
GARFIELD COUNTY, COLORADO O\oLSSON
ASSOCIATES
82621·1'2 ROAD
GRANO JUNCTION,
C081505
TEL 970,263.7800
FAX970,263.7456
N
I
FIGURE
3-A
0 ------~~~~=::::1 Miles N
--I GISMalyst TRI VICINITY MAP -~0''_'_ ~~~~~_:'''."'.'"'."''~ j_~~G-A_R_F:IE :':·DS:6:~,ru,E:T :R :u :c :K.IN:G·~~~~~~~~~~~~~~~~~~~~~~~~~ NTY, COLORADO
OLSSON G82621-112ROAD r----Fl"""G:::U:.R::• ___ 1
A S RAND JUNCTION
SOCIATES coe150s . ~EL 970,263,7800
AX 970.263.7456
LJParcels
[:3 217325200036 (Area: 44 acres)
009-2566 PROJECT NO:
ORAV\INSY:
3-B
RECEIPT/INVOICE
!Applicant
Tri State Trucking, LLC Tri State Tri
Tri State Trucking, LLC
PO Box789
Vernal, UT 84078
I Return to: I
Garfield County
108 8th Street Suite 401
Glenwood Springs, CO 81601-
Fee Name
Garfield County
108 8th Street Suite 401
Glenwood Springs, CO 81601-
Phone: (970)945-8212 Fax: (970)384-3470
Invoice Number: INV-3-10-20085
Invoice Date: 3/11/10
Plan Case: Zone District Amendment Application, ZDAA-3-10-6340
!Memo:
Fee Type Fee Amount
Zoning District Amendment Fee Fixed $450.00
PAY
TO THE
ORDER OF
Date
03/11/2010
Pay Type
Check
Four Hundred Fifty and 00/100 Dollars
Garfield County Treasurer
1 08 8th Street
Glenwood Springs CO 81601
Thursday, March 11, 2010
Check Number
135117
Total Fees Due:
Amount Paid
$450.00
$450.00
Change
$0.00
Total Paid: $450.00 I
Total Due: $0.00 I
March 4, 2010
AMOUNT
$450.00