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HomeMy WebLinkAbout3.0 BOCC Staff Report 01.07.2013Garfield County Board of County Commissioners Public Hearing Exhibits Pioneer Point Subdivision - Preliminary Plan Review Roger and Amelia Eshelman - Applicants January 7, 2013 (File SPPA-7391) Exhibit Letter Exhibit Description (A to ) I ,= A Proof of Publication B Return Receipts from Mailing Notice C Photo evidence of Public Notice Posting D Garfield County Unified Land Use Resolution of 2008, as amended E Garfield County Comprehensive Plan of 2030 F Application G Staff Report (dated 1/7113) H Staff Presentation Referral Comments from the Colorado Geological Survey J Referral Comments County Vegetation Manager K Referral Comments from County Environmental Health Department L Referral Comments from County Road and Bridge M Referral Comments from Carbondale Fire Protection District (dated 11/9/12, 8/21/08, and 8/4/06) N Referral Comments from Colorado Parks and Wildlife 0 Referral Comments from County Consulting Engineer, Chris Hate P Applicant's Supplemental Slope Analysis for Lot 1 Q Applicant's Subdivision Improvements Deferral Request from Kelly Cave, Applicant's Attorneys R Amended Roadway Agreements S Public Comments from Gregory and Carla Pronto T Applicant Road Waiver Responses (dated 11/26/12) U Public Comments from Daniel and Ann Hogan V Public Comments from Diann Kroeger W High Country Engineering Report on Water Line and Driveway Apron Installations (dated 11/27/12) X Photographic Documentation of Utility Installation (Roger Eshelman) Y ISDS Design Memo Requesting Relief from Engineering Requirement, from High Country Engineering (11/27/12) Z Traffic Update Memo from High Country Engineering (11/27/12) AA High Country Engineering Memo on Hogan/Lot 1 Driveway Grades BB Planning Staff Draft Conditions (dated 11/28/12) CC Referral Comments from the Colorado Division of Water Resources DD High Country Engineering Memo on Waivers & Conditions (received 1/4/13) EE Water Quality Test Results (from Mesa County Health Dept. Lab) FF GG HH II JJ KK LL MM NN 00 PP 00 RR SS TT UU W WW XX YY ZZ EXHIBIT Pioneer Point Preliminary Plat SPPA-7391 BOCC 117/13 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) ENGINEER Preliminary Plat Review — Pioneer Point Subdivision Roger and Amelia Eshelman High Country Engineering, Dan Dennison LOCATION The site is located at 7378 County Road 100, approximately 6 miles northeast of the Town of Carbondale. LEGAL DESCRIPTION ACRES ZONING WYSNE'/d Section 18, T7S, R87W of the 6th P.M. and also known by Assessor's Parcel No. 2391-181-00-027. Approximately 6.7 acres Rural I. DESCRIPTION OF THE PROPOSAL The Applicant proposes subdivision of the 6.7 acres site into 3 lots to be served by a shared domestic well and individual septic disposal systems. The proposed Tots are approximately 2.47, 2.11, and 2.11 acres in size. Existing homes are located on proposed Lots 2 and 3. Lot 1 is currently vacant and proposed for development of a new single family home. The Applicant has clarified that while they have no specific plans for Accessory Dwelling Units at this time, they hope to not preclude that potential in the future. Access to Lots 2 and 3 is by an existing private access driveway. Access to Lot 1 is proposed via existing driveway on the adjoining property to the north (Hogan) and extensions to serve the new lot, A shared driveway agreement with the Hogans has been submitted with the Application. The access roads are gravel surfaces, approximately 12 -16 ft. in width. Road grades are generally moderate to steep with average grades of 9% for the existing road serving Lots 2 and 3, and 11% for the road serving Lot 1. The shared section of roadway serving Lot 1 has an existing section of 18% grade just east of the access point onto the County Road. The Applicant has requested a waiver from the County's Roadway standards which provide fora maximum grade of 10% along with minimum easement widths, ditches and shoulders. The Application also provides documentation of a legal supply of water through Water Lease Agreements, Water Court Rulings, contracts with the Basalt Water Conservancy District, and a well permit issued by the Division of Water Resources permitted to serve three single family homes. Well production tests and water quality tests were also provided. Various documents and agreements were submitted including awell sharing agreement, a road sharing agreement and amendments, draft covenants, and a draft of Homeowners Association Documentation. VICINITY MAP The original application submittal indicates that infrastructure to serve the proposed Lot 1 would be constructed prior to sale of the lot. Supplemental correspondence from the Applicant's Attorney indicates that they are requesting to defer construction to a future buyer and the Application requests a waiver from the requirements for a Subdivision Improvements Agreement. Staff addresses this issue in Section VI, Staff analysis. II. BACKGROUND AND HISTORY The Applicant has previously applied for a Sketch Plan on the property based on the same proposal for one additional lot. The request was tabled and an amendment to the Comprehensive Plan was requested by the Eshelman's and subsequently approved by the Planning Commission. Under the current ULUR regulations a sketch plan review is optional and was not pursued by the Applicant at this time as they proceeded with the Preliminary Plat application instead. 2 The Application documentation also includes evidence of a past boundary line adjustment with the adjoining property to the north owned by the Hogans, that transferred additional acreage to the Eshelmans facilitating their current subdivision request. The two homes currently existing on the property were permitted based on County regulations allowing for a guest house. The Applicant's proposal would eliminate that designation and each home would be a single family residence located on its own lot. AERIAL PHOTO (site shown in red) III. AUTHORITY — APPLICABLE REGULATIONS A. The Unified Land Use Resolution of 2008, as amended (ULUR) regulates the subdivision of land in Article 5, Division of Land. Common review procedures are further set forth in Table 5-102. B. The property has previously been determined to not be eligible for additional subdivision exemptions due to subdivision exemption activities on other portions of the original parcel as it existing on 1/1/73. As a result the Application is subject to a Major Subdivision Review in accordance with Section 5-301 and specifically the Preliminary Plan Review provisions (Section 5-301.C). 3 C. Submittal Requirements for the Subdivision review are set forth in Section 5-401, 5- 402 and Table 5-401. The Applicant has requested waivers from certain submittal requirements and standards in accordance with Sections 4-117 and 4-202. Preliminary Plat PRELIMINARY PLAT PIONEER POINT SUBDIVSION A PARCEL OF LAND SITUATED IN LOT 3, LOT 12 AND THE E 1 /2 OF LOT SECTION 18, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE 6Th P.M COUNTY OF GARFIELD, STATE OF COLORADO cre* 4. ..L�.x..+rxrcr ire M1 � It• win wan MOP LOT 1 :471* Ac ral laa GAOIPP SCI&.$ hgv • . • wry• wwwwws wrTT.Can was .max: eta +'��1 ..L»44LDtRCGNSCK7 ar.0 S.i r....nnw. , Laal �,▪ arrm..,'(7}il:..,� r. •v'r.,e.m .E'ea 7 :i KneWP ear. Farr awanw aka.. ARA. .-.r LOT a LOT .7117* A- paeaa ti'AiGiitTl' ▪ Amaral Me...* ... rn. roan . • 14[ . ee.t -- r Ratan a La. .•+.rw. a 777, IV. PUBLIC AND REFERRAL COMMENTS Public comments were received from three neighboring property owners indicating support andlor no problems with the Eshelman proposal (see attached Exhibits). Referral Comments are also attached as Exhibits and summarized as follows: 4 A. Garfield County Road and Bridge: Their review identified a driveway apron required for the Hogan shared driveway pursuant to past Driveway Permits. They also indicated that the Eshelman driveway should obtain a driveway permit and be brought up to standards with a V pan apron. A stop sign at the driveway was also recommended and snow plowing concerns noted. B. Carbondale Fire Protection District: Noted that previous comments are included in the Application and that the new lot should be subject to payment of Fire District Impact Fees. Previous comments from the Fire Protection District dated 8/4/2006 and 8/21/2008 are summarized below: • Fire protection and emergency medical services are provided from Station No. 5 directly south of the subdivision. • Access appeared adequate and turnouts may be needed to allow vehicles to pass • A test drive was conducted with fire apparatus accessing existing and proposed lots. • Water storage was reviewed including the existing 2,000 gallons tank for Lots 2 & 3 and a 1,700 gallons tank for proposed Lot 1. Dry hydrants were noted as needed. • Recommendations for defensible space to address wildfire concerns were noted with reference to the Colorado State Forest Service standards for Lot 1. C. Garfield County Consulting Engineer: The Engineer identified a number of concerns summarized below: • County Road traffic • Steep driveway road grades • Stopping area at the County Road access point • Allowance for ADLI's and water demands • While no building envelopes are proposed zoning setbacks should be noted • irrigation water should be provided to each lot • Water hardness should be noted for future buyers • Applicant will need to construct all the proposed utilities and access to Lot 1 (discussion of improvements and costs) D. Garfield County Vegetation Manager: Provided information on the history of treatment for thistles on the property and related mapping. E. Colorado Division of Water Resources: The Division has provided comments referencing existing augmentation plans, approvals for the existing well to serve three single family dwellings and a statement that the well permit is valid. The letter also addresses the physical adequacy of the well and the opinion that the well will not cause material injury to other decreed water rights. F. Garfield County Environmental Health Manager: Identified a number of questions and comments including: 5 • Agreement with drainage recommendations from the geo-tech study • Information on the condition of the existing ISDS systems • Construction traffic • Shared well agreement • Well protection • Water capacity and quality G. Colorado Parks and Wildlife: Comments from the CPW are summarized below: • Vegetation is primarily pirion-juniper woodland and sagebrush plant species • "...no known threatened or endangered species or State recognized species of concern are currently known to be nesting in the area." • Supported the use of existing roads • Noted that the area is within documented elk winter range, winter concentration areas and severe elk winter range. • Noted that increased human activity and the construction of movement barriers such as fences or walls will impact wildlife and habitat. • Provided a list of recommendations regarding pets, trash, feeding wildlife and fences. H. Colorado Geological Survey (CGS): The CGS referral letter provided additional geologic hazard assessment and recommendations summarized as follows: • Prior to issuance of building permits, a site-specific soils and foundation investigation should be required. • Avoidance of steeper slopes (gradients more than 30%) • Requirements for grading plans • Need for slope stability analyses and rock fall mitigation on deeper cuts or fills. • Need for good drainage pursuant to the geo-tech report I. Referrals were also sent to the BLM, RE -1 School District, U.S. West, and Holy Cross Electric. No comments have been received at this time. V. COMPREHENSIVE PLAN The Eshelman property is designated Residential Medium High — RMH (2 to < 6 acres/dwelling unit) in the Garfield County Comprehensive Plan 2030. Excerpts from the Plan including the Future Land Use Map are included below. The Eshelman proposal will result in a density of approximately 2 acres/dwelling unit which is generally consistent wit the RMH Density provided that a significant portion of the property is maintained in open condition. The property was the subject of a Comprehensive Plan amendment request approved by the Planning Commission in 2008. The amendment changed the property's designation from RM (Residential Medium) to RMH (Residential Medium High). The amendment process included extensive information on the site and was reviewed subsequent to the tabling of a subdivision sketch plan request. 6 COMPREHENSIVE PLAN FUTURE LAND USE MAP Pioneer Point MAP DESIGNATIONS • Yellow designation is RM (Residential Medium). • Green Striped is Conservation Easement. • Brown indicates RMH (Residential Medium High). • White is Open Space/public Lands. RMH — RESIDENTIAL MEDIUM HIGH — DESCRIPTION [ Jtti'rr X154 Dt.Ii; AIION DESCRIPTION COMPATIBLE ZONING lie:.itlerttial wir11iitin High (RNIK imi0`7o Small larrrts, estates, and e.Itt tr'rvrl residential sulifIivisions; density determined by degree rrl clustering and land iiresertrwtl in open condition open land - 1 du per - 6 acre SO% °lion laud = 1 ilu per 4 acres 70' o open land - I du per 2 amt's Rural (R) - - Manned Unit I3tvelniunent Willy, 1)ensiry of re•sir'li'tIu-Ii !Arc: 1 de i 1" -' (0 ,6 acres 7 VI. STAFF ANALYSIS Water and Sewer A. The Applicant's documentation of an adequate legal and physical supply of water meets the ULUR standards. Additional confirmation from the Applicant's consultants is needed to confirm that all parameters of the Colorado Primary Drinking Water Regulations were met or an acceptable treatment plan proposed. The Division of Water Resources referral comments address a number of concerns including physical adequacy of the well, no ground water impacts and the validity of the well permit. B. The Applicant has submitted an Application amendment dated 11/27/12 (Exhibit Y) requesting a change to the original proposal for an engineered ISDS on Lot 1. The Applicant is proposing that only normal permitting and percolation testing be required and that engineering only be required if warranted by soils and percolation tests. The Applicant's request was supported by the Planning Commission. Other provisions of the Sewage Management plan including maintenance remain part of the Application submittals and representations. Inspection of existing ISDS systems for Lots 2 and 3 was not included in the Commission's recommendation. Wildlife C. Compliance with the CPW recommendations regarding wildlife compatibility should be required along with requiring any outside storage of trash be in a bear proof container. The proposed covenants include restriction on the number of dogs per lot and include provision for dog control and enforcement. Submittal Waiver Requests D. The Applicant's requests for waivers from submittal requirements are detailed in the Application Submittals and supported by the Planning Commission's recommendation. Review criteria for submittal waivers are outlined in Section 4-202. Waiver requests are addressed below: • The original Application documented through basic traffic information very minimal new traffic impacts from the one new lot. The analysis was supplemented by a detailed amended traffic study dated 11/27/12 (Exhibit Z) which included ADT on County Road 100 and a finding of no impact to the existing level of service (A) and negligible net increases in traffic volume. • The application provides basic drainage calculations and analysis addressing minimal new impacts associated with the Lot 1 road construction. Conditions should require that at the time of construction or building permit the Applicant shall comply with all standard county requirements associated with grading and drainage including erosion and sediment control during construction. Additional engineering details should be provided at that time to confirm compliance. • The application provides basic visual impact analysis appropriate for the 8 development of one single family dwelling. Photo images of the site reflect minor impacts from the existing development. Provisions for re -vegetation will help mitigate impacts from road construction. • Open space can be adequately addressed though conditions of approval or compliance with basic zone district limitations on lot coverage which is 15% in the Rural Zone District. Landscaping for the site will remain largely native vegetation. • Impact Analysis topics are discussed throughout the Application submittal with information on vegetation and wildlife supplemented by referral comments from the Colorado Department of Wildlife. Standards Waiver Requests E. Waivers from Standards are subject to Review Criteria contained in Section 4-117. Pursuant to the criteria, the Application needs to demonstrate that the proposal "Achieves the intent of the subject standard to the same or better degree..." and that it "Imposes no greater impacts on adjacent properties than would occur through compliance..." Waiver requests from standards are discussed below. Subdivision Improvements- Waiver Request F. The Applicant's request for total deferral of installation of improvements is not supported by relevant provisions of the ULUR and review by the County Attorney's Office. The County Attorney's direction at the Planning Commission's public hearing, to require either a Subdivision Improvements Agreement or installation of improvements prior to final plat approval was included in the Planning Commission's recommendation. G. The Applicant has provided engineering information and photographic evidence regarding the current status of certain improvements (Exhibits W and X). The water line to serve Lot 1 is being installed and should be completed at this time. The access apron on the shared driveway section for Lot 1 has also been installed. H. Provision of preliminary cost estimates for any remaining improvements should be provided as part of the Final Plat review if the subdivision improvement option is to be utilized. As electrical service exists on proposed Lot 1 extension to a future building site is appropriate at the time of building permit. The ISDS for Lot 1 is also appropriate for siting and installation in conjunction with a future building permit. The installation of water storage to serve Lot 1 including fire protection is dependant on location of the proposed home and is appropriate to be required as a condition of approval with installation at the time of building permit and construction. Access, Driveway — Waiver Request The Applicant shall obtain a Driveway Access Permit from the Road and Bridge Department for the driveway serving Lots 2 & 3. Compliance with the Road recommendations for upgrades should be required and completed prior to recording the Final Plat or security in conjunction with a Subdivision Improvements Agreement provided. 9 J. The Applicant has made improvements to the shared driveway serving Lot 1 including an apron at the County Road, and widening - grading at the steeper section of the driveway. A waiver request has been formalized from Roadway Standards including this initial shared section of the driveway dealing with road grade, shoulders/ditches, and right of way width. This initial section is proposed to serve 3 units for approximately 90 ft. and is subject to the Semi Primitive Roadway Standards. K. The Lot 1 driveway past the initial section, the proposed new driveway extension to Lot 1, and the existing driveway serving Lots 2 and 3 are subject to the Primitive Residential standards as they only serve two units each. These sections of driveways will also require waivers from road grade. A summary table of waiver issues and roadway standards is provided below. ROADWAY WAIVER TABLE DRIVEWAY SECTIONS Roadway Standards Lot 1 Initial Section (3 units served) Lot 1 Second Section and New Construction (2 units served) Lots 2 and 3 Existing Section (2 units served) Lane width Compliant Compliant Compliant Ditch/Shoulder Dimension Generally Compliant Partially Compliant Partially Compliant Right-of-way Width Not Compliant Compliant Compliant Driveway Grade Not Compliant Partially Compliant Partially Compliant Emergency Vehicle Access Acceptable to Fire District Acceptable to Fire District (pull-outs may be required) Acceptable to Fire District Road Category Semi - Primitive Primitive Residential Primitive Residential L. Consideration of the Roadway Waiver should include additional documentation from the Applicant's Engineer indicating the adequacy of the driveways to safely serve the 10 proposed units, and recommending any needed improvements or mitigation for the waivers (i.e. surfacing upgrades, widening, grading etc.). Said documentation needs to demonstrate compliance with the Review Standards of the ULUR Section 4-117. Fire Protection M. The Carbondale and Rural Fire Protection District recommendations contained in their referral comments dated 8/4/06, 8/21/08, and 11/9/12 should be included as conditions of approval including provisions for creation of defensible spaces pursuant to the State guidelines, water supply, and access/pull-outs. All three referral letters are included under Exhibit M. Topography \l\ \ ` ; \\1\\\\,\\\..\\ \\\ \\,:‘\:\ .\\\\\\\\ ,' \ \ I LEGEND: ti LOT 1 P.1 Indicates approximate location of exploratory test pit 0 60 fop SCALE 1' = 100' 113\- couq Approximate Test Pit Location 11 Geo -Tech Issues and Hazard Mitigation N. Compliance with the recommendations of the Applicant's Geotechnical Report by Yeh and Associations and the recommendations of the Colorado Geological Survey shall be required. These include site specific supplemental engineering and soils analysis for Lot 1. Of particular note are recommendations addressing slope stability, road cuts, and maximum slope grades. Appropriate plat notes should be included on the final plats. Compliance with Slope Development provisions contained in ULUR Section 7-210 (F) should also be required at the time of building permit and construction. This Section required additional engineering studies (as proposed by the Applicant), cut slopes, preservation of vegetation and over -steeping of slopes, Darker Shading = Slopes < 30% Lighter Shading = Slopes > 30% Lot 1 Slope Analysis 12 VII. PLANNING COMMISSION REVIEW & UPDATED STAFF ANALYSIS A. The Planning Commission conducted a public hearing on this Application on November 28th The Commission included the following findings in their recommendation for approval of the request. 1. That proper public notice was provided as required for the hearing before the Planning Commission. 2. The hearing before the Planning Commission 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 approval of the proposed Pioneer Point Preliminary Subdivision Plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and approval of applicable waivers, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. B. The Commission's consideration included the draft conditions provided by the Planning Staff in the original 11/28/12 Staff Report and Edited Draft Conditions (Exhibit BB). Their deliberation included clarifications provided by the Applicants and their engineers regarding key questions or concerns. The Commission formalized a motion for approval with conditions including the following edits. • Deletion of draft Condition #2 regarding engineered ISDS following clarifications from the Applicant's Engineer and discussion of applicable County Regulations. • Adding plat note references for Conditions #3 (water decrees & permits) and #7 (fire protection requirements. • Replacement of Condition #10 with new simplified text pursuant to the County Attorney input at the public hearing regarding subdivision improvement issues, • Deletion of Condition #14, reference to open space on the lot which was deemed not necessary based on the rural residential nature of the proposal. • Deletion of Condition #15, a clarification regarding future ADU's on the property which was deemed not necessary as land use regulations in effect at the time of any future application would apply. • Edit to Condition #13 providing that School Impact Fees can be based on County Assessor's valuation unless required otherwise by State Statutes. The Commission's review included a listing of draft plat notes included as Exhibit B. 13 The list includes several standard provisions and plat notes. The list will be further edited including but not limited to clarifications regarding subdivision improvements. D. No additional referral or public comments have been received since the Commission's public hearing. VIII. PLANNING COMMISSION RECOMMENDED CONDITIONS The Planning Commission's recommendation for approval with edited conditions is outlined below. The Commission's edits are supported by Planning Staff and address key concerns and referral comments. The conditions have been renumbered as a result of the deleted conditions. Recommended inclusions by the Planning Commission are shown in bold. 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Board of County Commissioner's recommendation. 2. The Applicant shall maintain compliance with the Division of Water Resources Well Permit and related Water Court Decrees and any conditions contained therein. The Applicant and any future successors in ownership shall maintain the required contract with Basalt Water Conservancy District. A plat note outlining this requirement shall be included on the final plat. Irrigation water shall be allocated to each proposed lot pursuant to amendments to the shared well agreement. 3, The Applicant shall supplement the Water Quality Testing to include any additional tests and affirmative finding by a qualified water testing professional that the water meets the Colorado Primary Drinking Water Standards and/or provide a treatment solution should a compliance issue be noted by the test results. 4. Prior to Final Plat approval, the Applicant shall finalize and record at the time of Final Plat approval the well sharing agreement, road sharing agreement, covenants, and homeowner association documents for the subdivision. All of said documents shall be subject to final review and acceptance by the County Attorney's Office. 5. Compliance with the recommendations of the Applicant's Geotechnical Report by Yeh and Associations and the recommendations of the Colorado Geological Survey shall be required. These recommendations include site specific supplemental engineering and soils analysis for Lot 1 and supplemental engineering review of slope stability and grades for excavations associated with road cuts. Plat notes identifying the supplemental engineering requirements shall be included on the Final Plat. The Final building and driveway location on Lot 1 shall be designed to avoid or minimize impacts on areas with slopes steeper than 30% to the extent reasonably possible. The Applicant's slope analysis demonstrates that approximately 50% of the proposed Lot 1 is less than 30% slope. Compliance with slope development standards contained in Section 7-210(F) shall be required for Lot 1 and for any future expansion or additional development on Lots 2 and 3. 14 6, Compliance with the Carbondale and Rural Fire Protection District recommendations contained in their referral comments dated 8/4/06, 8/21/08, and 11/9/12 shall be required including but not limited to creation of defensible spaces for new structures pursuant to the State guidelines, water supply for fire protection, and location and construction of access/pull-outs at the time of construction of the new access road to serve Lot 1. Said letters are attached as Exhibit A, and a plat note outlining these requirements shall be included on the final plat. 7, Waivers from submittal requirements are recommended for approval in accordance with the Review Criteria contained in Section 4-202 (C). 8. The proposed driveways and related waivers from roadway standards contained in Section 7-308 are recommended for approval in accordance with the Review Criteria contained in Section 4-117(C) provided the following conditions are met prior to final plat approval. a. Provision of additional documentation from the Applicant's Engineer indicating the adequacy of the various driveways to safely serve the proposed units and in particular the steeper sections of access to Lot 1. b. Provision of additional upgrades to the Lot 1 access as determined necessary by the Applicant's Engineer including potential upgrades to surfacing and widening of the initial turn toward Lot 1. c. Review and approval of supplemental upgrades to the Lot 1 access by the County Consulting Engineer. d. Compliance with the recommendations of the Road and Bridge Department for additional access permitting the existing driveway for Lots 2 & 3 and additional improvements at both the access points onto County Road 100. e. Construction of the proposed driveway serving Lot 1 shall be subject to additional drainage and erosion protection in accordance with County regulations. f. The Applicant shall provide information on existing traffic counts for County Road 100, further demonstrating the minimal net traffic impact from the proposed subdivision. 9. A subdivision improvements agreement shall be submitted or improvements shall be complete prior to recording the Final Plat. 10, All new construction on the property shall be required to meet all Garfield County Building Code Requirements. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction including driveway improvements and shall address ongoing weed management on the site consistent with the County Weed Management Plan and the Colorado Noxious Weed Act. 11. The Applicant shall provide bear proof trash containers for any outside storage of trash within the subdivision and shall comply with the wildlife compatibility recommendation contained in the Colorado Parks and Wildlife referral letter dated 11/13/12. 15 12. The Applicant shall pay required impact fees associated with the new Lot 1 for school land dedication and Fire Impact Fees prior to the recording of the Final Plat. Use of the County Assessor's property valuation can be used for calculation of said fees unless required otherwise by State Statutes. County Road/Traffic Impact Fees shall be referenced on the Final Plat by plat note and shall be payable at the time of issuance of a building permit for Lot 1. 13. The Final Plat shall be subject to review and approval by the County Attorney's Office including all certificates. The plat shall also include plat notes as shown on the attached Exhibit B except as may be edited by the County Attorney's Office as part of the final plat review. Plat notes #4 and #7 on the draft plat included with the Application submittal shall be deleted. IX. BOARD OF COUNTY COMMISSIONERS ACTION AND FINDINGS A Board motion supporting the Planning Commission's recommendation for approval with conditions should include the findings outlined below. The Board's motion should also include reference to the draft plat notes included as Exhibit B and direction to Staff to prepare a resolution for the Board's execution. 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. 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 meeting. 3. That for the above stated and other reasons the approval of the proposed Pioneer Point Preliminary Subdivision Plat is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and approval of applicable waivers, the application has adequately met the requirements of the Garfield County Unified Land Use Resolution of 2008, as amended. X. SUPPLEMENTAL STAFF COMMENTS ON THE RECOMMENDATION a. Plat note #8 should be deleted for consistency with ISDS recommendations. b. Plat Note #11 should be edited to conform with the condition on subdivision improvements pursuant to direction from the County Attorney's Office. b. Condition #10 should reference the requirement for re -vegetation of the driveway construction. c. Condition #11 should indicate that the CPW letter shall be attached as Exhibit "C". 16 Exhibit B - Plat Notes 1. Control of noxious weeds is the responsibility of the property owner in compliance with the Garfield County Weed Management Plan and the Colorado Noxious Weed Act. 2. No new open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 3. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 4. Colorado is a "RIGHT -TO -FARM" state pursuant to C.R.S. 35-3-11, Et. Seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide, and pesticides, any one or more of which may naturally occur as part of legal and non -negligent agricultural operations. 5. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities an act as good neighbors and citizens of the county. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 6. The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. Dogs kept on the property shall be in a fenced yard, kennel or on a leash to prevent harassment of wildlife. Any outside storage of trash shall be in a bear proof container. Feeding of wildlife shall be prohibited with the exception of songbirds. Fencing on the property shall comply with the Division of Wildlife specifications for wildlife -friendly fencing contained in their 11/13/12 referral letter. 17 $. Engineer designed septic systems arc required within this si.sion and compliance with F ' , f - .. • , .. (to be deleted) 9. Engineer -designed foundations are required within this subdivision, along with compliance with requirements for supplemental geo-technical and soils analysis and recommendations of the Yeh and Associates Geotechnical Report (dated August 28, 2009) and the Colorado Geological Survey Referral Comments (dated November 14, 2012) for improvements including road construction. 10. Garfield County Traffic Impact fees shall be paid for development of Lot 1 at the time of filing a building permit application for Lot 1. 11. Access driveways, electric service and domestic water service for Lot 1 exist on or to the Lot 1 property line. Further extension of access and services to the final building location shall be the responsibility of the owner of Lot 1. Provision of domestic and fire protection storage at the final building location shall be the responsibility of the owner of Lot 1. (This note may be edited by the County Attorney's Office based on final decisions regarding a Subdivision Improvements Agreement) 18 DISTANT VIEW OF THE PIONEER POINT SITE DISTANT VIEW OF '1 !IL PIONEER POINT SITES 1 c} EXISTING DRIVEWAY FOR LOTS 2 & 3 TYPICAL VEGETATION ON THE SITE 20 VIEWS OF LOT 1 DRIVEWAY - STEEPER SECTIONS 21 EXHIBIT L CD ifs C5 CIO v) EE 0 w U to roLU N ( < c u c 0 D O 2 U R5 u -c r L L _0 w CO C CLO 1-1-r - _ CU 0 z3 . > C= CU Cl.) `n100 a--- + • CU Cua� o E ate_, CU 0 ▪ C7 C1 0 R3 CU CU _+ C= _CDc3 �� - L CU 4, Q s` C▪ Z CU L-- Lir) a) a=' 4--0 Ci - C=• - to N CLi w ra = • CU co ;3 (.13 eL To X rn 0_-0 E- 0T_ 0 o • Q to ?C c s` to 4A to CU a -=A >-,, '47; 0 C R3 C -c-1– Ca a--+ [[3 •v CU Q- c 1 oC "U 0 0 L q CL 4-' -0 CU 0 E D Q U s-- CU C R3 , > • cn D —1 0- CU >' ++ = L • (1J --+ -I-° CU -0 CU �W • CZ ca. CU c V) ▪ , ' a--� Ln ' ' © E �5 R3 V L▪ A s. - — 0 >... co C_ C- 0 U • - C▪ -0 CUCCI:5,_ OS° c1J © 4} q� " vy `S�- L CU . ©_c CU v) - cu QU s` — • CU D 3 � - to C (0 CU I— a H CL 1- CZ OC CZ CZ 1— a) W 1— -C2 to • • • • • • s 6.7 acres in size, s_ CU CL v 4-1 =4-1 (n c Mpg -C'- Q 2 ro-0 4- a v 3 0 - 0 Q C 4-0 cis cu 73 _cQ . 04-1 [T34-1 a--1 a.+ a C �' Q) a7 cu .� a�-1 = = > tIO +-J V s_ Q L.- °' a, C-0 v c 2 ; -, E U v) aCO CU to Q a aLE +, s_ 0 c c6 >- V1 = coCIO 4-i CU v 4-1 CO CU Z3 4A Q >. CO 7) 2 >,.. ._ CL 13 -C/ 4-.0 4-) 03 2 cu" +, to CL _ . 0 cui ,,,, co 2 . L.11 2 v) 0 � C cn co [6 4 ° 0 , 1— 1— 1— U 1 - S 7 1— CO nn •• • • . • • Summary of the Proposa CU aJ Q 76 +�-, a3 iZ D p to to J C a1 C co s, r6 L .i__, Cl.) o n[5 C C a v, a.),y _c p r6 R3 0.} 12C -• C 0_ L U - -I--+ may+ — " e— Z3 ❑ L Q 0 CD " E C --- "r D C Q3 a3 ro . — .5 yO a3 N � g _C cli CU • 0 C— JD a) T3 N -0 Q) 'l' aJ — Ri -0 . aJ }' C D (3.) -0 03 4--l!) • ra 4-1 a) 44-1 -- a + '10 rr-C1 co rr 3 a) L C D r[3 ® as Cu S D L v) (13- + C�,d CU a i >••C] Cu (1.)0 C coD E v) v) -i 'q} (Vt 3 `� -54-, -g _Eni -I!) ' Cl.)S (13 >- T --i L Cu C CU _0 0 L Ria �, on c* r.i - > - - Q a3 ( 0 CU COCU -0 C Q� - 0 N > a_ - c co 0 to Cz v) o IC �„- u- 3 c Eu 'rC 0 a) ro r6 , a L_ in as Cl.) U -C5L .0 CU Cu a ni D 5 0> �, CZ 5 u, E ro p a.) c 0 +-'< �� i'—' o .0 rN -c > o Cu -o D in d' C l • Cu 4-' .a-' til -4--' — 4.-J rt3 C i} x o a c v, o (13 O �'' © t� inn C113 S- CU Z3 +E�., r13 _ C1 cc) > - ,_ U a) u ,- � D > 0 v aJ -- D D > rzLCU © C(3 C� > C C7 C< C6 qa ��-' -0 v) (13 J 0 � 0 (0 .— . 0 LL) D d E o RS R3 U CU Q.- J +-+ C L, C3 f7 s. 1=3. — (Du -� C C CU , in CZ - C- C] : �' CU r� > a�n — C aJ r6 L Q OA LA in .;`,DI 43 v:•• OE U .w C� Q. o _' • L_.7 .4-_-..0 ' --+ a3 �4__, C a3) . L Q) ) Cu D Cl ( in in u 0 -C 0 fC3 CU 0- Q A- s- CU C7 r n Le) I— w N< C 1-- CSC 0 v) v 0< 0 > i— 2 • • • • • • • • • c ro Lv R3 CU s 0 L w [0 to U 0.1 a-- -' L▪ > CI) 4- a CO 0 w a) (s E E z a ru L/] LI] cts a r0 residential, rural agricultural uses and open space. Single Family Residential and an ADU Single Family Residential, Open Space and Bureau of Land Management Single Family Residential and Agriculture/Ranching Single Family Residential, Agriculture/Ranching, and a Fire Station }, Z o 4-1 • a 30 Zoning adjacent to the site: Cr (R) and Public Lands (PL) CC CC CO CO CO CO L L L L CC CC CC CC v +A a 3 W > L° • r • • • • • • -•M s4.41t xxIca 41 41.14 Z141 T./14 e 1411.441 .1 IMO 114.1 C.. sm. 41—• 1.4.1 10.0 1.1.1 • 11.1.1.1 0.4 AWN .411 • Nx y c) 0 E 0 u DRIVEWAY SECTIONS Lots 2 and 3 Existing Section (2 units served) Compliant (single lane 12 ft.) Partially Compliant (variable dimension) E E 0 0 Partially Compliant (exceeds 10% in sections) Acceptable to Fire District Primitive Residential Lot 1 Second Section and New Construction (2 units served) Compliant (single lane 12 ft.) Partially Compliant (variable dimensions) c cu Q E 0 0 Partially Compliant (exceeds 10% in sections) Acceptable to Fire District (pull-outs may be required) Primitive Residential Lot 1 Initial Section (3 units served) Compliant (2 lanes 8 ft. in width) Generally Compliant Not Compliant (30ft. — 40 ft. required) Not Compliant (exceeds 10%) Acceptable to Fire District Road Category Semi - Primitive ROADWAY WAIVER TABLE Roadway Standards Lane width Ditch/Shoulder Dimension Right-of-way Width Driveway Grade Emergency Vehicle Access Yellow — Residential Medium Pale Yellow — Residential Low co a) 0 E 0 u COMPATIBLE ZONING Planned Unit Development (PUD DESCRIPTION [g 0 Q i.+ Iv V 4 0 -0 ck0 C.7 km u • u u u nc , rp m 07 ,./ L > ▪ 2 cy L a� aJ- - cu al 0- 0- C = C C .vi • `7 — r ✓ C • 11 11 N • 1! - Li GU -0 -0 C C VY ▪ C C 1"C td C rt E v c c rz .Lc c co 0 _ ? t 0 0 +z V • yy d 1 SJ] 0 z Z 2 Ce M 3 Comments Public and Referra 4- � � e7 � - r0 a F, cn a--, Ca VI CDiL 0 T3 iQ >, to +-+, 00>'•• if; ra tvo rQ ', C rB p +, ++ ni ❑ •_ Q a L) vs ❑ > ❑ c1J — — VD `C3 rV v'C 4y i3 4 -'r -I Z3 qi +a -a C� N p +�+ ❑ r� C v 0 ❑` QJ cu 2 •_ vac a aa► C 4- s- CL. • COW s cu s= COuy L 1,0 ❑ 47, v C •0-W C .1 , 4 p CO > CO v vC0 v❑N V) OD s E* 0 47, Cv ro co X R3U � ❑ =-c 4 ❑C a_c❑ .— C V) r) 4,_Jcu -a t O i ❑ 0 Q � Z_3 Q icu v U CO '� e- v 2 rV •N > r0 .= s- u " ❑_ C U tx0 C 's C '❑ °- v res sEi �I3 O ca 0 aJ -0 cn -a Ca cr; 4_J 0 c a E a a -00 a_-, cm D - •' IA173 al ❑ > ra Lh-a v L C CJ u)Leo 'o_ i 0 Cv .-0 Z 0 0 .v 0 Ce-! r1 GA CO .j_i 0- ( N - d C V a 3 J CU r+ Ca Li >- -0 C COusCU OC +�-� a) -0 v 0 C b.O �-+ 'a co ❑ s Cri a❑„ 0 tCn a VI v) D v z" a' o. ❑LL) v 4- a) J_ ��Lo- +-I v v }° [Ls -W v v CO al C13 C�v� ;,_ ❑.0 ,, © SZ.L v C© a U 'j 0. v 0 U - co ,© u N Q1 i? .L 0 'a3 +J 'n ' 17 +' rg -0 co r� ro C to a CCS 2 Z3 L' toeL�, �, vv L7 -0 o -c u < tL 0 ii t _, r[ Q r-1 t -0 v 0 v v 1- 0 0 U CU In a} -D 0 v u ea N v 4— v L 0 VI co C v E ❑ ca cc . . . . . The Engineer identified a number of concerns v a) C C w e° LelC 0 U 0 C ai U ,w 73 a E c C _ -0 0C v) +J .7 C U CD U to Q) a 0_ v --I 0 Q o >M C 0 0 V} CU `3 U 'b.0m U Q !A1 C -0 0 a..) — s vC C ) - 0 C (0 0 a) C co co ai •W VL C V} •"1 0 0 0 in C2] i .0 U .N c C -0 •_ C C 0 0 CUA 0) 0 O 0 -0 4:37. _0 3 -a N 0 j.— 0 tn� f1 L vii "t0 v) CU [- Ca t c - Cl) C 0 0 CU + U f4 Q•L L Q) L 4Z 73 CU a Cl..) r0 a) C CO 0 U C 0L '� 0 n O yr 0 'an 0� C C C L s_ 0! -0 C Q CU (i) C 0 ) N 7 -0 0 0 0 _aril �, CO 0 C -0 c) 7^ [QrCi 0� Cll C = 0 a-+ t� 0.0 Q ,— 0 N Z7 CU) 0 0 D [] tip •sn C L C (] 11.1 co 0 sT }, M Q La ti C - Q. ,2 C [a cu ' u 0 § 0 0 C Q 0.. 0 7 +J C cu 7• -CC t 120C© 0 s CO 3 -0 -0 W C +, 000 _ Cl..) �, U 0 p) CU 0 0 cu o c}n cin Q '` Q . L7 LE V U i . . • • • s ■ 6 Comments Identified a number of questions and q) ro 2 ro a) 2 '5 tlo Q1 c C w -c >' ccs 0 U a')E 4 E L ro C7 0 a ›- 0 0 aA V) X Q1 4-; 9- O C O c O 0) 0 O E Construction traffic Shared well agreement, well protection, well capacity and quality Colorado Parks and Wildlife: Comments from the CPW are summarized below: vs [1]- ro- ro v ?0)• 72v 7 C a1 0 • ca g. T • tri CCI) CO O rov1 V1 �n 4n rO N ro 4� _C CL/▪ ' — L 0 L..1 o_ 0 C v1 NO i-0 C '• � -+-+ 0) c ro N Cao 1 ro CL 4-+L cu S mo a) ') 0 V -W Z3 L C� C C • N o41 U 40 rO ro v v1 4--+ p Z3 1 VIE cu OJ C O a - O - v c v, ro .0 c o o v) cowo - i E• '_ ▪ • N w - c1 w O to .0 ro c Q Qi +(13 C ta0 a) C OCA 4�,1:5 F + r1�1 • IP tC p (U a) >. ro QC � --� N c QJ p 47, . - • a' C RIO U RS -0 4—I vs c c a Q> v E .- c c m- a; ars.! va ca a) 0 ro L co rric o E ,- v, 4-, r;raa) .E_ o au o a Q } as 3-. Q 0) C L_N 4-1 •• • • • Comments -c3 w s 0 }" to U cn C O }' Q N n' Q a--' vi �n •L - Ta en - C OJ -0 Q.1 O � Q > .CU "11 C Ln L) -0 0 4-1 LU v co ":67, Lra C (.) ro a) U] C Cr) a) Q 70 CL 0J Q • 4--1 0. -C C C C 0 V1 1- 011 .� (0 C� c 15 la)a) 0 0 ° °0_ lE ro'L) m w " CD auJ - 'U 0] - E - (0 V L Ri CU E w CU o_ �--, � Q Z3 00) Ln v ro a) ,_ -0 Uc +, r� CL n 0 0 ai 40 U CV C6 V 0- C C 1-- c D 0 C IES CI3 L!"? 4} i0 C CS3 i,7E CU L v Ca _G) 0 7 0L1 p t x0 Ca O" CU c in • - Ll7 C cu _0 Co CO 0 co 4_, '} Q b.° ._ 4 M 0) CU OJ 0 i- nn C }' co co cfr= 0 E U � 4- C v c cin BOJ 0 OJ v) tap E =" QVI .- L L C L L 0 -0 0 3 _ 0 0 C.J ra CO -0 a--' 0- 0 0 O 2 0 s- O .D 0) • Q1 _ Q N 0) cu 0 a. U -c tip Q cc Z Z a d 0 co 0 co z5 ra E c ` 0 "p' X .� > .� cui C 0 c C;0 co CU T.° ry E 22 UI CSA 0 0 < .E< V cn • • • (1) 1 73 a 5 co Q c cuo L DL 0 c a) E E ro 0 cc 0.) To U L) (.9 0 co aA0) ton Cu c 0 Ca 0 O unco c (1) U Con 0 0.0 U a.v).- d • a > 0 E 1— -0~ LaCU (10 Lf; Li) 0 La -c c I (U �^ '` -C w aA to i ,- 0w� LE X CU . CU tagr 1 � O .- L) +-, cn LID tom] • ro E 0 c a--) C CU CU r ' CD L +� 0 Com] 0 r, '> -0 c U E 4— N L. 0 to o 0 (1) (1) �' 0 w (ll . — 4-' 0 4'. +-' -0 1 m W Tu 0 E 0 z .c "bD G, CD C L_C Q tOQ cu 0 E -0 L_ C C_ c 0 (L} bi} ( C6 E 7a roaa C E>-- .acv '50_ c0'E 0r0 —� 0� o� �0 O. ' E c +� Q a--' (1)CU co 0 i 3 C 0 %-:Co 4_, '.4= � c 0_73 n3 — 4- — W () {-' 0-- rD(0 E s1. - 0 (-r) 0 -- [U , L C] i NCSA . _ -0 re •?P < c r0 x (U 4--) 1E W 0 ro 1/1 4) 0.0 4-' a) E 0 V 0 co 0 res -o Lo- w C w L +� 0 V C- ZD E 0 4 - CO 0 L 0 OC 4- Z47- Planning Commission Findings L ° 4- c13 C 47, c c aj E E E 'E 0- O C — -C U CO CD OD Di as cco l + ..0 ro C a 4- as as E c.s= 0Q L as v c 0 _ C - .0 u 0IY ❑ a L -p a co C E. ru roL t a) ❑_ E a) a) in, cu C =4-' N to C L c6 C C ro .c- a- 0- ❑ i a CU +_� in • en _c ry res v_r +-_ C �0) Z3 OC} E .- E ro L E 0 u X01 a '` ta) E V C E iJ ' C >.L a 0) auU3 Z i. U 0) ° IA 0 7- L rD �. E"cj 0 oC] = C m o s � 0 sco p 0-›- 4-, L s 0 ❑ a.) 4--, _ CL a 0__C cti❑ U 4, L L 0 s3 'D C a) ° ro al -a ° E 4 - FA) a) ❑D C Q C > J -C C a N 4-0 ® CU u © D a ra C fl C © ❑ QCO 4-1 O — V 47, IZS rQ 7 — N ai U ® 1) +n a1 Q 0- fil C_C ro coo Li o4-,�` a) Q] ro O C � -C N D ++ aya� c Ca o -o o v, °C CD 'a aJ .w '14-: C C C C CD E n3 vE °cu a) 0) 0 0tri a c cr 4.., _C C CD C ry 0 ❑a a � c C 4-' ra v)'r�' o 0_o 0 ets " �a� CDCU `ate- �'7, lai E v 4 � - +-,•°❑ _c _c tom o�>°' §0_ 'tea r° ro a, t=wco ..c -°0E 1— v) H L) 1- ra ru Recommendation Z3 -r--,C Vi E �. `- 0 C a.) CU 03 ' 0 -C 0 �p v Q E 0 -o ' U 4-' ' u) C Z3 +, u CU •E 'L 0 Q v C .,C L — C6 CO 4-, C13 ttO u T3 v 0 0 U ',El) C _in , •a, -' _ _ v V) V) V) .0 To 03 V) +-+ C 4 J +0- 4--' ra0 _0 LE V) 0 u _a V) Cij TO v v _D L D +, N a v +,7 .L} 0_ <.c ro (13 > r•J [f) T , = 1- 4-1 .!C L1 V1 c..J V) CD illC . 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(.2 (1)4-. �ccCU v vi0 �� (13 tv1Lu � °)Qro L L a_ CO 0 0 E Q) . c o CU =< -C rn 1 - -CP E4 v 0 •I a) vt T 4, N CD Q O c) co4-,a a) � .W 'c a) Q) urn +' 'Q) 4-+0 +' O Q (0 L CU 4--r u +-a col �. }, vi 4_' cV 5 a -0 c c as 4-2 U C C1 "O O a--' a C a) CO -0 U) ~' Q }' U to © U) L c -0 C=3 C C 734'1 .0 c tati c 7 rO Q O �% C c G) a) c Q cis ro d c ❑_u 0�0-0E F2' v 0 ro 7 Q _ R3 a) UJ 4J NJ +•+ 4 t G Q) D d Q Z3 t0 Q - y_ CO = C C L C p C = cis `4- cu = 0- -a m i O a a al z c Q co a row CU +� LES, cf.z.0. �rzo-rs L c - -a CU a) L L c„ V1 CO CO •_ 0 C 73 ®. a0 CO ��CO .L' 0 'a rte �- ra ci) — 4-, c 0 C C 4-' L CO co •0 -C O. ro C v► �aC 4=.1 ..0 un 0_ c^ —_ C ro E-0 COs VI 4-+� [L � O c 4- QCL +-J(LI co0 a) a E — �,,, C o a, c +, a E - c ca) EcaCo-+-�'cn cu Q v� cuQ., a L . 4) Ca Q co a) cc1 +•+ ';+� c 0` a = >, 4- � 0- aa) 0 O a) 4-.L 044 Q L Ln E 0 +, c 0 NU ©r•+-. t.,)c� o. cL V0 CU n v ro ;" Q o v O-0 C 14 a) Q Q a L— �L E a L 'c a L 0. a) f0 L ' (13Q) � _ c Q_ a Ca ri<3 Q _c a =L� _c ',7 Q) ' L al 7/ t C T4 rV m 4 Recommendation . 7) ▪ (' )E 0 ctb° c Co1 V 4P CS3 N L C 4-) :�i © C Q _ 4.-+ 4 LL H C C3 O, 4- a 0 el3 (5 rvt C C u C C -o +,_ Z3 -OJ"W,.,§ O E a\ O +�-' O v CO a C•L -0 aj L.. 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QJ N -C -0U�a) v° 1_ U 4 c CZ O - Ri CI CO 4- a.r a1 0 aJ +,0 0.1 _C.— v 0 a.r L L `° (� _o la +d g.OU Qc un c in cu = t° O_ aJ ra O c� +< O c ;'-' �n -a D 0 L - +' ,QJ N cv .0 -0 s[7 on O d rocc c`o_ �sw to) �• � �a1 ' co$ui [[ R7 C v A PO L L --' c E 1i kn CIA i +-+ +� ••- "" •— °' au -o L icucn5 ei c -0._ c-4-, o w , oo cO C— a' Qi o -t-ii . vis CD as .— O Z CU • �_C>---0 ia-o a] £JL4 Fri },aOra L. -OafQa c —QJo ray vk-s_c o ri COLORADO GEOLOGICAL SURVEY --serving the people of Colorado Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-2611 Fax: (303) 866-2461 November 14, 2012 Mr. Glenn Hartmann Garfield County Planning 108 8th Street Glenwood Springs, CO 81601 ghartmann[agarfield-county .com Re: Pioneer Point Subdivision, CGS GA -13-0003_1 Dear Mr. Hartmann: COLORADO 1)E1?ARTMENT OF NATURAL RESOURCES Thank you for submittal of plans for the above referenced proposal. The proposal is to subdivide 6.7 acres into three lots. Each lot will be served by individual septic systems. Lots 1 and 3 are already developed. The site is located on a steep hillside where slopes approach or exceed 30 percent. As noted in the geologic report hazard, potential hazards include rackfall, sinkholes, and landslides. Other soil constraints may also be present. Landslide and collapse debris deposits are located immediately adjacent to the site and formed in very similar conditions to those found within the proposed subdivision. The collapse debris was formed in response to vertical collapse resulting from dissolution of underlying thick beds of evaporite, Sinkholes can commonly form under such conditions. Bedrock is mantled by colluvium. Colluvial materials range from sandy silt to large boulders. These areas are prone to sheetwash, rockfall, small debris flows, mudflows, and landslides. Eine-grained, low-density colluvium may be prone to hydrocompaction, piping, and settlement. Excavation into colluvium may be difficult where it contains large boulders. If the subdivision is approved, new development on any of the lots must be done carefully. Rockfall, sinkholes or landslides could impact the proposed subdivision, the county road, or adjacent properties. CGS recommends the following. ▪ Soil constraints such as collapsible and expansive soil may be present in parts of the site. Prior to issuance of building permits, a site-specific soils and foundation investigation should be required. • To the extent possible, driveways, homes, septic systems and accessory structures should be located on slopes with gradients of less than 30 percent and disturbed areas should be minimized. November 14, 2012 Mr. Glenn Hartmann Page 2 • Grading plans should be required and reviewed before any site disturbance is allowed. Slope stability analyses should be required If deep cuts or fills are proposed or if any grading occurs on slopes that approach 30% or greater. Depending on proposed grading, boulders may be exposed and rockfall mitigation may be needed. • As noted in the geologic hazard report, good drainage is required in order to reduce the risk of excessive settlement or sinkholes.. Please contact me if you have any questions or concerns. I can be reached at 303.866.2611 ext. 8315 or by email at karen,berry@state.co.us. Sincerely, Karen A. Berry Geological Engineer, PG, AICP, CPESC-SWQ 3 EXHIBIT J Garfleld Coun Vegetation Management November 19, 2012 Glenn Hartmann Garfield County Building & Planning Department RE Pioneer Point Subdivision Dear Glenn, Thanks for the opportunity to comment the Eshelman Pioneer Point subdivision. Mapping and an inventory of county and state :fisted noxious weeds hasn't been addressed in this appl+cation. The application contains a September 7, 2010 letter from this office that refers to materials submitted by Roger Eshelman to our office. l contacted Mr. Eshelman by phone and he submitted an updated map of areas on the parcel that he has treated since 2010. I have attached Mr. Eshelman's 2010 note regarding noxious weeds and his 2012 treatment map. Sincerely, Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-625-1091 x 4305 Fax: 970-625-5939 11/19/2012 10:00 FAX CC ,5,,ars2,01,0). pauepzT #0,1,*e§4. ) ASPHALT , ?SIL). t • 1, • q;t.t , 1'I'J, g$re4 • 49:99' =17-4s 72 rierit p.4.B. �/2 LOT 7 3J 21.9.97` 169.9$ tit 001 92,240, 2.10' acres* ' • \ in`• f EXIST•, SEPTIC TAN . '•' 'w. • 1, 20'1k P,RotosEp 'UTILITY ESM, T. sEX15T. EiEACI$ `LELO • EXIST; 1^ ; PENCE., GER 5 EXIST. HOUSE ' 87`3 30 E ROAR AND GAP LS #4111 (MD.) 270.10' APN MICHAEL L. c 393 C Ft?» s 3 ezr e % . /-40 AJIWAPJ ieeZiedtemolt) uzr. ereeirionma- - 0'14 w uta _« , [� H 1W/5r 44 (le! 7, cw-iLvi.9.2),kab 10-7s.,6 - 6Y, L Y.--k.arpicto be?" Aloes 4f6000.rzaziA__I .SIM)7M(14 i `r i rr zr rix c� ,5' ,; := segue ' , A'5 A.ff,;1 Glenn Hartmann From: Ferah Jaura Sent: Tuesday, November 06. 2012 10:26 AM To: Glenn Hartmann Subject: SPPA-7391 Good Morning Glenn: I hope you're doing well. Here are some points that I wanted to share with you regarding the Pioneer Point Subdivision: • I am in agreement with the engineering firm recommendations to develop drainage plans to divert flows away from structures to avoid "moist" conditions inside the home, allowing for a potential for mold growth. • Will there be any construction traffic issues and how will they manage these? • Are the existing 2 ISDS's in good working order and will there be a need for a preliminary plan for the 31'd ISDS for Lot 1? • Will there be a preliminary shared well agreement? • 1 know that there is an excerpt stating that the property owner (nearest to the well) will not engage in land use activities that may harm the well and water quality, but how will this be handled? • The current well capacity and water quality application states water usage at 550 gallons/day based on a 3.0 person residence © How long ago was a pump/flow test conducted to ensure that this well meets the minimum flow standards? o How old are these measurements? Hope this helps. Please let me know if you have any questions. Thank you for giving me the opportunity to review and comment. Have a great day! Best Regards, Ferah Jaura, REHS Environmental Health Specialist 11 Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 Phone: 970-625-5200 Ext. 8123 fjauraagarfield-county.com 1 Glenn Hartmann From: Michael Prehm Sent: Monday, November 05, 2012 8:59 AM To: Glenn Hartmann Subject: Pioneer Point Subdivision Glenn, I met with Mr. Hogans last September on bringing his up to standards. To meet R & B Standards it would need to have a 3% maximum grade for the first 30 feet. This would only compound his driveway making it steeper. His driveway is 90 degrees to the road, but very steep. We agreed that an apron the width of driveway & 10' in depth and 4" thick with a V pan to prevent rum off from reaching the County Road would work best. If the driveway was to be altered to meet standards it would not make sense. Mr. Hogan obtained a Driveway Permit at that time and I would honor it until the apron in constructed. The Eshelman driveway is at a sharp angle to the County Road. It also would not practical to alter it much. I would recommend that the Esheimans obtain a driveway permit from Road & Bridge and bring it up to standards. A V pan apron be recommended for this driveway. After reviewing the application and doing a site visit, I realize it would not be practical to hold both driveways to meet "Road & Bridge Standards". Sight distance is ok but minimal. A car has to pull out a bit to see both ways, and because it serves more than one resident, stop signs would be recommended. A reminder that snowplowing from driveways are to be pushed up the driveway not out into the County Road. If gates are to be installed please allow room to pull off of roadway safely and gates are not to be installed on County right of way. Any questions please ask. Mike (970) 945-1223 office (970) 945-1318 Fax 1 FIRE EMS • RESCUE November 9, 2012 Glenn Hartmann Garfield County Building & Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Eshelman, Pioneer Point Subdivision Dear Glen: EXHIBIT rvi I have reviewed the application for the proposed Pioneer Point Subdivision. I have previously met with the applicant and my comments are included in the submittal. 1 have no additional issues with the proposal. The newly created lot is subject to development impact fees adopted by the District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is $730.00 per unit. Please contact me if you have any questions or if I can be of any assistance. Sincerel Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970-963-2491 Fax 970-963-0569 FIRE EMS RESCUE August 21, 2008 Mr. Roger Eshelman 7378 County Road 100 Carbondale, CO 81623 RE: Site Visit Dear Roger_ This letter is a follow up to my site visit this past Friday, August 15, 2008. would offer the following comments. Access 1. During the visit, we drove to your existing buildings using our Engine 8505 from our Station 5, which is located just to the south of your property. The engine. was able to adequately access the existing buildings via the existing driveway arid was able to adequately turn around. 2. We also drove a portion of the existing driveway at. 7330 County Road 100 belonging to Dan end Ann Hogan. The driveway would become part of the ass for the proposed new Lot 1. We were able to adequately negotiate the existing grade and curia, and were able, to gain access to the point where the new driveway would continue on to Lot 1. Water Sin • rl r Fire Protection We looked at the site of the existing 2,000 gallon water storage tanA which is located on the west side of the house on Lot 3. 1 would recommend installing a dry hydrant in the tank with a 6. -inch male national standard thread (MST) along with a .minimuni 1-1/2 inch vent pipe. The tank is capable of provide water for both of the existing houses. 2. it is my understanding that another 1,700 gallon water tank is proposed for Lot 1. Again, a 6 -inch dry hydrant should be installed and the tank provide with adequate venting. Defensilbie Saul I. The defensible space around the existing buildings is generally adequate. 1 would recommend that some additional fuel modification be completed at the southeast corner of the existing Lot 3 house and at the southwest corner of the Lot 2 house. Weeds and grassed should be cut short around the barn. 2. Defensible space around the proposed new house should be completed using the guidelines of Colorado State Forest Service (CSFS) pamphlet 6.302 "Creating Wildfire — Defensible Zones". . Please contact me if you have any questions. Sincere /: (17 ") 7._ CZ(' Bill Gavette Deputy Chief Carbondale & R6719111 Fire Protect District 300 Meadowood Drive' Carbondale, CO 81623 970-963-2491 Fax 970-963-0569 FIRE . EMS RESCUE August 4, 2006 Roger Eshelman 7378 County Road 100 Carbondale, CO 8 1623 RE..; Prvos©d Subdivision Dear Roger, I appreciated the opportunity to meet with you to discuss your proposed subdivision. would offer the following comments regarding the proposal: 1. The Fire District currently serves the property. The Distict provides both lire and emergency medical services. Station No. 5 is located directly to the south of your property. 2. Water supplies for fire protection would be provided by first responding Ere apparms with addigonai water provided by tanker shuttle. 3. The proposed new driveways appear to be adequate for emergency apparatus. Turnouts may need to be incorporated into the driveways to allow vehicles to pass. 4. The new lots are subject to development impact fees adopted by the fire district. .An agreement with the District will be required for the payment of development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based -upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is $437,00 per unit. Please contact me if you have any questions or if] may be of any assistance. Siricrelyt /7 -1.5d -"KY Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District _ - _ fl(' ,1) 1 4.-71 fE7R 041 0/401 0711_041_115PQ COLORADO PARKS & WILDLIFE 0088 Wildlife Way • Glenwood Springs, Colorado 81601 Phone (970) 947-2920 • FAX (970) 947-2936 wildlife.state.co.us • parks.state.co.us November 13, 2012 Glenn Hartmann Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Re: Pioneer Point Subdivision — SPPA 7391 Dear Mr, Hartmann: EXHIBITf Colorado Parks and Wildlife (CPW) has reviewed the preliminary plan documents for the Pioneer Point Subdivision project located at 7378 Garfield County Road 100, Carbondale, Colorado 81623. CPW staff has visited the site and have the following comments with respect to wildlife. The vegetation on the site is comprised primarily of pinon juniper woodland and sagebrush plant species. Various grasses and mountain shrubs associated with these plant communities are also present. This habitat type will sustain numerous wildlife species including mule deer, elk, wild turkey, coyote, red fox, bobcat, Abert's squirrel, black bear, mountain lion, and numerous small mammals. Raptors, such as red-tailed hawks, American kestrels and golden eagles, may utilize the pinon-juniper habitat for hunting. Other songbirds may also be found in the area but no known threatened or endangered species or state recognized species of concern are currently known to be nesting in the area. The proposed project encompasses 6 — 7 total acres which includes three proposed 2+ acre home site parcels. The project lists the existing road onto the property as the continued access point. CPW supports the use of existing roads and recommends minimizing motorized access as much as possible, especially during winter months when deer and elk will be using the area as winter range. The proposed 2+ acre lots are spacially better for wildlife than smaller lots however; additional buildings and increased disturbance from an additional home will still impact wildlife use of the property and surrounding areas. The proposed project is located in documented elk winter range, elk winter concentration area and severe elk winter range. CPW designates elk winter range as areas where 90 percent of the individuals are located during the winter (five of ten years). Winter concentration areas are areas within a species' winter range where individual densities are at least 200 percent greater than surrounding winter range. Severe winter range is where 90 percent of the individuals are located when annual snow pack is at its maximum STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R, Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Perrioone • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar and/or temperatures are at a minimum in the two worst winters out of ten. CPW takes interest in the proposed project because winter range, winter concentration areas and severe winter range are critical areas of habitat for a species. These areas provide needed forage, cover from predators and retreat from stressors during the period of the year when the animals are most vulnerable. Recent visits to the site have shown elk to be actively using the property and surrounding properties as both winter range and winter concentration area. Elk sign in the area is significant with heavy browsing of the shrubs and scat abundant. Few habitats in the area meet the suitable requirements for elk winter range, winter concentration areas and severe winter range. In recent years CPW has observed the loss of such habitats in the Missouri Heights and Spring Valley areas through development. Impacts to wildlife will occur in two ways. Direct loss of habitat will occur through removal or manipulation of vegetation used as forage, shelter or cover from predators. Wildlife will not be able to adapt to areas of direct habitat loss. Indirect habitat loss will be suffered through the effects of increased human related activity and the construction of movement barriers such as fences or walls. Wildlife may demonstrate limited resilience or adaptation to the impacts of habitat loss however reduction in native vegetation and introduced human activity will result in stressors that will negatively wildlife. The proposed development will result in increased vehicle traffic, noise pollution, overall human presence and other related stressors throughout the area and will likely affect the surrounding areas of critical habitat not explicitly encompassed within the project boundaries. The following is a list of general recommendations that. CPW would like to be taken into consideration with this proposed development to avoid conflicts with wildlife. Pets: Pets should not be allowed to roam free, especially dogs. CPW recommends that dogs be leashed or kenneled at all times to prevent the illegal chasing and harassment of wildlife. In areas such as this where mountain lions are a concern, the kennel should include a top panel to prevent access to the kennel by the lion. Dogs and cats chase or prey on various wildlife species. One benefit to keeping animals under control is that they are less likely to become prey for mountain lions, coyotes, bobcats, foxes or raptors. Pets should not be fed outside and pet food should be stored in an enclosed area. CPW recognizes that in the proposed Pioneer Point covenants dogs are limited to two per household. Trash: Trash should be kept inside a secure enclosure until the morning of trash pickup. Bears, skunks and raccoons are attracted to garbage and do become habituated. Individual bear - proof trash receptacles can be used by homeowners to assist in mitigating these conflicts. STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director. Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris • Tim Glenn, Chair • Alan Jones • Bill Kane • Gaspar Perncone • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar Feeding Wildlife: Feeding of all wildlife should be prohibited, with the exception of songbirds. Suet and hummingbird feeders are particularly attractive to skunks, raccoons and bears and their use should be discouraged or, if used, should be brought inside each night. It is illegal to feed big game animals including deer, elk, bear and lions as well as foxes and coyotes. Fencing: Woven wire or chain-link fences should only be used in areas where total wildlife exclusion is desired (i.e. around the immediate domicile or to protect trees and shrubs). Other perimeter and lot fencing should be prohibited where possible. Should perimeter fencing be required, recommended fencing should be no higher than 42 inches in height to allow adult animals to jump the fences without becoming entangled in the top wire. A 16 inch gap should exist between the bottom wire and the ground to allow juvenile animals to pass under the fence. The use of ornamental fencing with sharp vertical points or projections extending beyond the top rail should be strongly discouraged. CPW notes that fencing specifications are denoted in the proposed Pioneer Point covenants and supports the prohibition of new barbed wire fencing. Thank you for the opportunity to comment on this preliminary plan. If you have any questions or require additional information please contact District Wildlife Manager Matt Yamashita at 970-947-2931 or via e-mail matt.vamashita@state.co.us. Sincerely, Perry Will Area Wildlife Manager STATE OF COLORADO John W. Hickenlooper. Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission: David R. Brougham • Gary Butterworth, Vice -Chair • Chris Castilian Dorothea Farris • Tim Glenn, Chair• Allan Jones • Bill Kane • Gaspar Perricane • Jim Pribyl • John Singletary Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield Ex Officio Members: Mike King and John Salazar ►,, MOUNT ENGINEE Novernber 14. '011 Mr. Glenn Hartmann Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Civil and Environmental Consulting and Design RE: Review of Preliminary Plan for Pioneer Point Subdivision. SPPA-7391 Dear Glenn: This office has performed a review of the documents provided for the Preliminary Plan Application of Pioneer Point Subdivision. The submittal was found to be thorough and well organized. The following comments were generated: 1. They traffic analysis did not include any information on the traffic on the adjacent County road_ The Applicant should provide that information. 7, The Appiicant proposes to have an 18% driveway grade. This maximum driveway grade allowed in the County is 10'%. 3. The Applicant provides a steep driveway grade with no stopping or standing areas adjacent to the intersection with the County road. The Applicant should consider if the residents of Lot 1 will be able to stop . ith snowy conditions before sliding into the County Road. 4. The proposed Covenants seem to allow ADUs on the proposed three lots. However the well is only permitted for three single family residences. The Applicant will need to obtain additional water rights if they intend to also allow ADUs on the three proposed lots. The proposed Covenants state that there are no envelopes hut should be revised to state that there are County setback requirements. 6. The well permit has a maximum allowed irrigation square footage. The allowed irrigated area should be split between the three proposed Tots to conform to the well permit and inctuded in the Covenants. 7. The water quality testing showed high water hardness. This informs ion should be disclosed in the Well Agreement and that water softeners may be necessary. 8. The Applicant proposes to pass on the constriction and associated costs for the improvements to the future Owners of Lot 1; improvements such as the water system, fire storage, driveway, etc. The precedence requires that improvements be constructed by the developer and not have that the purchaser be required to construct the improvements_ The Applicant will need to construct all the proposed utilities and access to Lot 1. Feel free to call if you have any questions or cot intents. Sincerely, Mount 'n Cross Engineer ng. Inc. Chris Hale. PE 826 /2 Grand Avenue. Glenwood Springs, CO 81601 P: 970.945.5544 F: 970,945.5558 www.mountaincross-eng.com Glenn Hartmann From: Dan Dennison [DDennlson@hceng.comj Sent: Friday, September 28, 2012 4:33 PM To: Glenn Hartmann Cc: rbeshelman@grnail.com Subject: Lot 1 Pioneer Point Slope Analysis Attachments: slopeanalysislotl.pdf Glen, Attached is a pdf of the slopes on Lot 1 Pioneer Point. The darker grey hatch reflects the areas under 30% slope. The lighter grey hatch reflects the areas over 30% slope. The slope analysis shows that 50.7% of the lot is less than 30% and 49.3% of the lot is over 30% slope. Let me know if you need any more detail. Dan Dennison High Country Engineering, Inc. 1517 Blake Avenue Glenwood Springs, CO 81601 Ph: (970) 945-8676 Fx: (970) 945-2555 Email: ddennison(a hceng.com NOTICE: Use of this electronic media by anyone other than High Country Engineering, Inc. shall be at the sole risk of such user and without liability or legal exposure to High. Country Engineering, Inc. 13y saving these file(s), the user accepts responsibility for this electronic media. 1 KERST & STRAUTMAN P.C. ATTORNEYS DAN KERST dan @ kerststrautman_com CAROLYN M. STRAUTMAN carolyn@kerststrautman.com Glenn Hartmann, Senior Planner Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 October 22, 2012 Re: Pioneer Point Subdivision Our File# 14212 Dear Glenn: (Via Email) EXHIBIT Q KELLY CAVE kelty@kerststrautman.com PARALEGAL ELISABETH GETZEN egetzen@kerststrautman. cam 1 am writing on behalf of my client, Roger Eshelman, in regards to his application for the Pioneer Point Subdivision (the "Subdivision"). Lot 1 of the Subdivision is not developed at this time. The road access from County Road 100 and water line from the well on Lot 3 have not been completed. My client wishes to have the future owner of Lot 1 install the water line to Lot 1 and finish the road access from County Road 100. Mr. Eshelman intends to make these improvement requirements a condition of the sale of Lot 1. Therefore, Mr. Eshelman is requesting a waiver from the Board of County Commissioners of the completion of the road access and water line to Lot 1 until such time that Lot 1 is sold to a third party. The proposed restrictions on the sale of Lot 1 are attached for your review. Please contact me if you wish to discuss this further. Yours very truly, KE LY E xc: Roger Eshelman (via email) Dan Dennison (via email.) 0 VUNTtaltdnEwilli Harhomm dor.. Proposed Conditions of Sale for Lot 1, Pioneer Point Subdivision The following conditions shall be completed by the next successive owner of Lot 1, Pioneer Point Subdivision: 1. Installation of the access road from the switchback on the neighboring 1-logan property switchback to Lot 1 (approximately 180 feet) and to Lot 1's building envelope. Said installation shall include a culvert above the switchback and shall be in compliance with the Road Use. Utility and Maintenance Agreement executed by and between Roger B. Eshelman and Amelia S. Eshelman and Ann V. Hogan dated October 9, 2012. The owner of Lot 3 may complete said road work at any time prior to the sale of Lot 1 to a third party. Installation of the water line from curbstop located on Lot 2 in the Easement as depicted on the plat for the Pioneer Point Subdivision Plat recorded as Reception No. in the records of the Garfield County Clerk and Recorder in accordance with the Common Well Covenants for the Pioneer Point Subdivision dated , 2012. Said work on Lot 2 shall be completed within seven (7) days and the surface of the land shall be restored to its original or better condition with all excess rocks and dirt removed to the satisfaction of the owner of Lot 2. The owner of Lot 3 may complete said waterline work at any time prior to the sale of Lot 1 to a third party. 10/22/2012 15:55 FAX • • 1001 EXHIBIT AMENDMENT TO AGREEMENT T� is AMENDMENT TO AGREEMENT (the "Amendment") is made this e day �, of , 2012, by Roger B. Eshelman and Amelia S. Eshelman (collectively "Eshelman"), whose address is 7378 County Road 100, Carbondale, Colorado 81623, and Ann V, Hogan ("Hogan"), whose address is 7330 County Road 100, Carbondale, Colorado 81623. RECITALS A. Eshelman is the owner of Parcel No. 2391-181-00-027 of the Garfield County Assessor's records also known as 7378 County Road 100, Carbondale, Colorado 81623 ("Eshelman Parcel"). Eshelman is currently in the process of subdividing the Eshelman Parcel into three (3) lots as the Pioneer Point Subdivision. l3. Hogan is the owner of Parcel Number 2391-181-00-026 of the Garfield County Assessor's records also known as 7330 County Road 100, Carbondale, Colorado 81623 ("Hogan Parcel"). C. The parties previously executed an October 10, 2003, recorded as Reception No. 638444 in the records of the Garfield County Clerk and Recorder's office (the "Agreement"). D. The parties wish to amend the Agreement in accordance with the following terms and conditions. AGREEMENT in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman and Hogan hereby grant and agree as follows: 1. Deletion of Para rah 5 the A erne . Paragraph 5 of the Agreement is hereby deleted in its entirety. No building envelopes shall be enforced on the Eshelman Parcel. 2. Restatement of Paragrraphh 7 of the Agreement. Paragraph 7 of the Agreement is hereby amended and restated in its entirety as follows: 7. CCversants R.tn With Land. The agreements, covenants, restrictions, conditions, easements, and obligations herein contained shall be covenants that run with the land and shall be binding on all persons having or acquiring any right, title, or interest in the Eshelman Parcel and the !login Parcel, 3. Ratification. Except as provided herein, all provisions of the Agreement shall remain unaltered and are hereby ratified and reaffirmed. Page 1of2 10/22/2012 15:56 FAX • SIGNED this day of Ott , 20 ! STATE OF COLORADO COUNTY OF GARFIELD ) ss. 111002 Ann V, Hogan f Amelia S. Eshelman // . Eshelman The foregoing instrument was acknowledged before CrAthe, 2012, by Ann V. Hogan. Witness my hand and official seal. My commission expires: 7 S"T"ATE OF COLORADO ) ) ss. COUNTY OF GARFIELD me this 141 day of The foregoing instrument was acknowledged before me this tr, 2012, by Roger B. Eshelman and Amelian S. Eshelman. Witness my hand and official seal. My commission expires: 06 `° `//3 0 day of Notary Public 10/22/2012 15:56 FAX • • • e003 ROAD USE, UTILITY AND MAINTENANCE AGREEMENT This ROAD USE, UTILITY p}ND MAINTENANCE AGREEMENT (the "Agreement") is made this c 4 day of 20 1:. , by Roger D. Eshelman and Amelia S. Eshelman (collectively "Eshelman"), whose address is 7378 County Road 100, Carbondale, Colorado 81623, and Ann V. Hogan ("Hogan"), whose address is 7330 County Road 100, Carbondale, Colorado 81623. RECITALS A. Eshelman is the owner of that real property described as Lot 1 of the Pioneer Point Subdivision Plat recorded , 7012 as Reception No. — in the records of the Clerk and Recorder of Garfield County ("Lot 1 "). B. Hogan is the owner of Parcel Number 2391-181-00-026 of the Garfield County Assessor's records also known as 7330 County Road 100, Carbondale, Colorado 81 623 ("Hogan Parcel"). C. The parties previously executed a Road Sharing Agreement dated September 4, 2008, and the parties wish to amend and restate said Road Sharing Agreement in its entirety. D. By this Agreement, Hogan desires to provide for the access to Lot 1 via a shared roadway as shown on the attached Exhibit A incorporated herein by this reference and impose on Lot 1 and the Hogan Parcel, as covenants running with the land, the obligations to maintain the shared roadway as described herein. AGREEM ENT In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Eshelman and Hogan hereby grant and agree as follows: 1. Easements. Kogan hereby dedicates and ratifies to the Owner(s) of Lot i perpetual, non-exclusive easements as follows: (a) An easement for access and utility purposes upon, over and across the thirty (30) feet in width Access & Utility Easement from County Road 100 to Lots 1 as depicted on Exhibit A (the "Shared Roadway") for the use benefit and enjoyment of the Owners of Lot 1 and the Hogan Parcel, their successors, assigns, agents, employees, tenants, guests and invitees, for private access roadway and utility purposes. The rights granted herein shall include the right to maintain said Shared Roadway as provided herein, and to transport on and over the Shared Roadway vehicles, materials, equipment, and other property as reasonably related to the exclusive uses conveyed hereby. Ali maintenance, repair and additional costs as provided for in this Agreement, shall be paid for equally by the Owners of Lot 1 and the Hogan Parcel for that portion of the Shared Roadway mutually utilized for access to said Owner's property. All costs of snow removal sufficient to allow access via four wheel drive vehicles over and across the Page 1 of 5 10/22/2012 15.58 FAX • 121004 Shared Road by police, sheriff, fire protection, ambulance and other similar emergency agencies or persons, shall be equally paid by the Owners of Lot 1 and the Hogan Parcel. Use of the Shared Road shall be restricted to access to and from Lot 1 and the Hogan Parcel. The Shared Road may not be used for the parking or storage of vehicles or equipment. Either Owner of Lot 1 or the Hogan Parcel may install a gate at the intersection of the Shared Roadway and County Road 100. If both parties desire such a gate, the parties shall equally pay for all costs of installation and maintenance of same. if only one party desires such a gate, the requesting party shall pay all costs associated with the gate and provide a key to the other Owner to guarantee access in accordance with this Agreement. No additional gate or other obstruction shall be constructed on the Shared Road without unanimous approval of the Owners of Lot 1 and the Hogan Parcel. No switchback shall be installed on the Hogan Parcel. AO expenses, maintenance, snow removal and construction fees association with the Shared Roadway south of the existing driveway to the Hogan Parcel shall be the sok responsibility of the Owner of Lot 1. Nothing in this Agreement shall be construed to obligate any party to pay any costs associated with non -shared structures. (b) An easement for the construction, improvement, maintenance, repair and replacement of the Shared Road south of the I-logan Parcel's existing driveway and adjacent to the Shared Road and under the surface of the Hogan Parcel in the location depicted on Exhibit "A" attached hereto (the "Construction Easement") for the use benefit and enjoyment of the Owners of Lot 1, their successors, assigns, agents, employees, tenants, guests and invitees. The Construction Easement includes up to twenty-five (25) feet below the existing grade of the Hogan Parcel Property within the Construction Easement. In connection with the Owner of Lot 1's use of the Construction Easement, the Owner of Lot I shall have the right to temporarily disturb the real property located in the Construction Easement; provided, however that any damage or disturbance to the Construction Easement caused by the Owner of Lot l shall be promptly repaired and restored by the Owner of Lot 1, at no cost to the Owner of the Hogan Parcel, to the fullest extent reasonably possible to its pre- existing condition upon completion of the construction, improvement, maintenance, repair, replacement, and if deemed necessary by the Owner of Lot 1, the removal of the Shared Roadway south of the existing driveway to the Hogan Parcel. The Owner of Lot 1 shall use its best efforts to save the existing pinon tree located at the entrance to the existing driveway to the Hogan Parcel. 2. Enforcement. The Owners of Lot 1 and the Hogan Parcel agree to cooperate in the future maintenance, operation, repair, replacement and/or improvement of the Shared Road. 1n the event the Owners are unable to agree on any required maintenance, repair, replacement or improvement, any Owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the Shared Road, specifically including paving. In the event an Owner determines to undertake such minimal work unilaterally, such Owner shall notify the other Owner in writing. The Owner undertaking the minimal work shall, upon completion, provide the other Owner with a written statement of work performed and the other Owner's proportionate share of the cost of same. Notwithstanding Page 2 of 10/22/2012 15:57 FAX • • U005 the foregoing, either party may unilaterally install and pay for paving the Shared Roadway at said parties sole cost. 3. Payment of Expenses. Ali expenses to be paid by the Owner of Lot 1 or the Hogan Parcel hereunder shall be paid within thirty (30) days after such Owner receives notice of such expense. If an Owner fails to pay such Owner's share of an expense as herein provided, such unpaid amount shall accrue interest at the rate of one percent (1 %) per month, compounded monthly, commencing at the end of the thirty (30) day period when such payment is due. If the non-paying Owner fails to pay any amount due hereunder within sixty (60) days after the date due, another Owner who has paid such expense may exercise such legal or equitable remedies as are available to collect such unpaid amounts, including interest, in which event the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred. 4. Covenants Run With Land. The agreements, covenants, restrictions, conditions, easements, and obligations herein contained shall be covenants that run with the land and shall be binding on all persons having or acquiring any right, title, or interest in the above-described Lot 1 and the Hogan Parcel 5, Amendment and Termination. The covenants and agreements herein contained shall continue in full force and effect until amended or terminated by written instrument executed by the Owner(s) of the Lot 1 and the Hogan Parcel. 6. Notices. Notice as hereinabove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the Owner or Owners as shown in the records of the office of the Assessor of Garfield County, Colorado. 7. Multiple Owners/Successors. Any reference in this Agreement to an Owner of Lot 1 or the Hogan Parcel shall be deemed to include all Owners of such real property, collectively, and shall also refer to all successors of such Owner or Owners. 8. Indemnities. Each of the parties hereto as Owner of Lot 1 and the Hogan Parcel described herein, and their respective heirs, successors and assigns (the "Indemnifying Owner") agrees to protect, indemnify and hold harmless the other party, and their respective successors and assigns (the "Indemnified Owner"), from and against any loss, damage, claim or defense, against any and all suits, claims, demands, expenses, losses, liabilities or damage of any kind or nature, including, without limitation, reasonable attorneys' fees and costs, arising directly or indirectly out of any claim of third parties asserted against the Indemnified Owner: (i) attributable to any conduct of the indemnifying Owner; (ii) relating to the use of the respective Shared Road by the Indemnifying Owner and its invitees and guests, whether authorized or not authorized; (iii) for claims due to personal injuries or property damage caused by the Indemnifying Owner and its invitees and guests; or (iv) due to mechanic's liens created by conduct or acts of the Indemnifying Owner. 9. Governine Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. 10. Nva Public Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of the property subject to or benefiting from it to or for the Page 3 of 5 10/22/2012 15:57 FAX [j 006 general public or for any public purpose whatsoever, including, but not Limited to, dedication as a public street. 11. Severability. if any provision of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of any other provision of this Agreement, and there shall be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. SIGNED this _ day of Oct, 20 t •�-. STATE OF COLORADO ) • ) ss. COUNTY OF GARFIELD ) • Ann V. Hogan The foregoing instrument was acknowledged before me this 01er , 2012, by Ann V. Hogan. Witness my hand and official eRi, My commission expires: 0P 1-1 -�h day of Nom ry Public Page 4 of 5 10/22/2012 15:57 FAX • • • fJ 007 STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this /" C� day of 0 , 2012, by Roger S. Eshelman and Amclian S. Eshelman. Witness my hand and official seal. My commission expires: 06—o Y F.0/3 Notary Public Page 5 (f 5 10/22/2012 15:58 FAX a 008 EXHIBIT A ACCESS - UTILITY AND CONSTRUCTION EASEMENT NE 1 /4 OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE ETH P.M. COUNTY OF GARFEILD, STATE OF COLORADO S50'33'58"W 15.64' ❑ = B8'45'10" R = 40.0❑' L = 61-98' CB- S89'24'02"W C 55.95' N 4613'23"W 14.16' 05'32'31" R 200.00' L = 19.35' CB= 547'47'43"W C=19.34' 6 = 08'41'37" R – 200.00' L 30.35' C8=- N41'52'34"W C .. 30.32'+ 1 ›- POINT OF TERMINUS moi. (NE CORNER SECTION 18 BEARS.N53'09'Si"E 2546.98') G a 0 • I la I 0 I � r rn mss, mac, 8 I 30' ACCESS do UTILITY EASFuIENT HOGAN PARCEL BOOK 1528 PAGE 609 N = 08'21.00" R = 200.00' L = 29.15' CR= 1441'42'16'W C 29.12' \.-- ` ' may_ fig,,,,...4;1(e: �� ti L pis 53 Yl�r ... \ C;>04, \ F. \, PROPERTY Lihti _37.26, ------N---;'8'12'35"E 230.51' 04'42'31' R 200,n0' L = 18.44' CB= 1443'31'31"W C = 16.43' .37.26' P POINT OF BEGINNING —' (NE CORNER SECTION 18 REARS:N44'49'01'E 2568.23') ESHELMAN PARCEL BOOK 1528 PAGE 609 HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AV5NUR, STE 101 511-04W000 11PR04GS, CO s low PHONE 1(179194-678 FAX 4 741 0450555 www.nCt o.copA ROGER ESHELMAN G ARPIEL.D COUNTY. CC. MOGAN/ESHELMAN ACCEAi5WlU Y& IDATE DRAWN EIY: PPK CHECKED BY: FWH SCALE; fid. roOJECTNO: 2061070.DWG R-22.12 CON 6 'RUCTION EASEMENT `CII -Z. J'/565rcc.SBJ/2476/I070/DwC/OW-CS AN6 PAGE' 1 OF 2 10/22/2012 15:58 FAX I�voft EXHIBIT A ACCESS - UTILITY AND CONSTRUCTION EASEMENT NEI /4 OF SECTION 18, TOWNSHIP 7 SOUTH,RANGE 87 WEST OF THE 6TH P.M. COUNTY OF GARFIELD, STATE OF COLORADO ALuss..- A 30 FOOT WIDE STRIP OF LAND SITUATED tN THE W1 /2NE1 /'4 OF SECTION 18, 'TOWNSHIP 7 SOU [H, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID STRIP OF LAND LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT if -IE NORTHEAST CORNER OF SAID SECTION 18, A 2 .1/4" BRASS CAP IN PI.ACE; THENCE 544'49'01"W A DISTANCE OF 2568.23 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF THAT PROPERTY DESCRIBED IN RECEPTION NO. 486692 OF TUL GARFIELD COUNTY CLERK AND RECORDER'S OFFICE THE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE CENTERLINE OF SAID EASEMENT N41'1D'15" W A DISTANCE OF 33.65 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 04'42'31", A DISTANCE OF 16.44 FEET (CHORD BEARS:N43"31'31"W A DISTANCE OF 16.43 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N45'52'46"W A DISTANCE OF 78.53 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 08'21'00", A DISTANCE OF 29.55 FEET (CHORD BEARS:N41'42`16"W A DISTANCE OF 29.12 FEET);THENCE CONTINUING ALONG SAID CENTERLINE N37'31'46"W A DISTANCE OF 141.68 FEET, THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF ACURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF• 08'41'37, A DIS I ANCE OF 30.35 FEET (CHORD GEARS; N41'52'34"W A DISTANCE OF 30.32 FEET); THENCE CONTINUING ALONG SAID CENTERLINE N46 -13'23"W A DISTANCE OF 14.16 FEET; THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE. TO THE LEFT HAVING A RADIUS OF 40.00 FEET AND A CENTRAL ANGLE OF 88'45'10", A DISTANCE OF 61.96 FEET (CHORD REARS: 5139'24'02"W A DISTANCE OF 55.95 FEET); THENCE CONTINUING ALONG SAID CENTERLINE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 05'32'31", A DISTANCE OE 19.35 FEET (CHORD BEARS; S47'47"43"W A DISTANCE OF 19.34 FEET): THENCE CONTINUING ALONG SAID CENTERLINE S50'33'S8"W A DISTANCE OF 15.64 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COLIN iY ROAD 100, THE PQJNT OF TERMINUS, (WHENCE THE NORTHEAST CORNER OF SAID SECTION 18 BEARS N53`09'51"E A DISTANCE OF 2646.98 FEET); SAID STRIP OF' LAND CONTAINING 13,,221 SQUARE FEET OR 0.304 ACRES, MORE OR LESS. HIGH COUNTRY ENGINEERING, INC. 1517 BLAKE AVIiNUE, STK TO 1 QLEF4 WOOD 51/41:1Na 5, CQ OS eel PHONE 10701 946.476 FAX (1270194g41555 WW W.HC1,10.CO11 ROGER ESFIELM&N GARFILL COUNTY. CC3 }IOGAN/ESHEL.MAN ACcUSS•UTILITY d� CON5TRUCTION £AliEMENC PRAWN wr.. NIA CHECKED ev: PROJECT NC'.. FWH 24011 070.0WG DA E: TACE: 1122•12 2. PTF 2 011,E' J:l urwOJ/2061iWV/nw.a'OWfSRITDwo EXHIBIT GREG & CARLA PRONTO 145 VISTA DRIVE, GLENWOOD SPRINGS, COLORADO 81601 Ph: 97 November 20, 2012 Garfield County Planning and Zoning Commission Garfield County Board of County Commisioners 109 8th Street Glenwood Springs, Colorado 81601 RE: Pioneer Point Subdivision To Whom It May Concern: My wife and I would like to offer our support in favor of the Pioneer Point Subdivision being established and all necessary approvals be granted to this plan. We have been residents of Glenwood Springs for 30 + years and have known. Roger and Amelia Eshelman for approximately 20 years. We believe Roger to be a forthright person who will benefit the subdivision which he wants to establish. Sincerely, Gregrey A. Pronto Carla A. Pronto Tom Scott From: Roger B. Eshelman [rbeshelman@gmail.com] Sent: Monday, November 26, 2012 1:48 PM To: Roger B. Eshelman; Tom Scott; Dan Dennison Subject: Pioneer point subdivision 3 EXHIBI Road standard waiver request responses. 1. Garfield County indicated support for repurposing Hogan driveway instead of adding a new access point. 2. A referral letter from the Colorado Department of wildlife also support no new access point. 3.A referral letter from Garfield County Road and Bridge department head Mike Prem also supports a waiver from roads standards on both the Eshelman driveway and the Hogan driveway saying it would not be "practical or make sense"to hold these roads to current road standards. 4.Garfield County has already approved the existing Hogan driveway for his new residence, and the road has serviced all kinds of construction traffic including dump trucks , cement trucks, lumber trucks and construction workers for over a year 5. At the county's request the road was widened 10 feet on each side on the switchback at the start of access towards lot ane. 6. To facilitate the steeper grade the road was also widened by 10 feet at the first right hand turn. 7. An inch and a half of road base at a depth of approximately 2 inches was added and graded in from the intersection of County Road 100 up to and past the switchback at the access point to lot one. 8. A four -inch thick asphalt apron 31 feet wide and 11 feet deep was added where the driveway and the Countyroad meet. 9. The area directly above the apron was re- graded and road -based and compacted for approximately 50 feet. 10. The Carbondale fire department deputy chief Bill Gavett,actually drove his firetruck up this road and said it met his approval for emergency vehicle access.(see attached letter) 10. This road only serves three residences for the first approximately 90 feet and that first residence is an approved ADU occupied only on a part-time basis 11. Garfield County Road and Bridge Director Mike Prem, indicated in his referral letter statement, that a 3% grade at the bottom of this drive would only compound things making the driveway steeper. 12. The entrance to the Eshelman driveway has served that family for some 20+ years. Mike Prem seems to support no changes are needed there and nothing new is being proposed to be added. We request a waiver from an apron at that driveway. And because of the rural nature of this project we are also asking for a waiver for the stop signs on both driveways. 1 Glenn Hartmann From: DANIEL HOGAN [djhoganjr©coastalnetcom] Sent: Tuesday, November 27, 2012 12:52 PM To: Glenn Hartmann Cc: Roger Eshelman Subject: Pioner Point Subdivision To: Garfield County Planning and Zoning Commission Garfield County Board of Commissioners Subject Pioneer Point Subdivision EXHIBIT R This letter is to affirm our support for Roger and Amelia Eshelman in their development of the Pioneer Point Subdivision. We live part-time in summer and winter at 7330 County Road 100 on the parcel immediately adjacent to the Eshelman property. Our 21 acre lot was purchased in 1968 and we first met the Eshelmans while vacationing here. In 2003 we built an our property and have been mutually acquiescent neighbors ever since. We have been in support of the Eshelman efforts to develop their property from the beginning and hope the Commissioners will rule favorably on their three lot subdivision plan. Thank you for taking the time to view aur letter of support. Daniel J Hogan Ann V Hogan Glenn Hartmann From: Diann Kroeger [kroeger_ct c@hotmail.com] Sent: Monday, November 26, 2012 4:01 PM To: Glenn Hartmann Cc: rbeshslman@gmail.com Subject: Pioneer Point Subdivision EXHIBIT TO: Garfield County Planning and Zoning Commission and Garfield County Board of Commissioners FROM: Diann Kroeger 7207 County Road 100 Carbondale, CO 81623 This letter is to advise you we live directly across the county road from Roger Eshelman and have no problems with the plans he has to develop his property. We have lived here and known them for the past six years. If you have any questions, please do not hesitate to contact me at 704-1519. Thank you. CIVIL ENGINEERING November 27, 2012 Glenn Hartmann Garfield County Building and Planning 108 8th Street, Suite 401 Glenwood. Springs, CO 81601 An Emptoyccdhrncd Cornpau'y Re: 2061070.00 Waterline and Driveway Apron Dear Glenn, LAND SURVEYING EXHIBIT Roger Eshelman has asked that HCE review the installation of the waterline and curb apron and address whether the two items have been installed per the plans and county regulations. Roger provided pictures of the installation but HCE was not available for inspection during the installation. Waterline: It appears that there are two service lines installed from the connection to the existing service line. At the connection there is one curb stop sizes 1-1/4". It appears that there is 1.5" of blueboard insulation around the curb stops which reduce any potential for freezing. At 6' of depth this was not required, but is added insurance. The pictures of the ladder show approximately 6-7 ladder rungs to existing grade which would be consistent with 6' of bury depth. There are several photos that show the insulation and Roger indicated that the insulation runs the entire length of the installation. There was also a plastic vapor barrier and marker tape added but not required. Brass compression fittings were located at the tee to the barn and the connections. Bedding was provided via onsite material that was free of rocks. Schedule 40 encasement is shown in several photographs and was required wherever the waterline would be within 10' of the sewerline or septic field. It appears that the encasement does sufficiently extend beyond the areas that would lie within 25' of the depicted leach fields. The waterlines were pressurized up to working pressure and there was no observed leakage by the landowner. Based on the photographs provided, it appears that the water services were adequately constructed. Driveway Apron Roger indicated that a saw -cut was performed at the edge of the driveway and the area from the edge of the asphalt to the back of the apron which was approximately 11' was dug out to a depth of 4". Then a new 4" asphalt apron was placed from the country road to the back of the apron. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 Telephone (970) 945-8676 Fax (970) 945-2555 Pioneer Point Subdivision 11/26/2012 Page 2 The width at the county road is 31' and the back of the apron is 25'. Mr. Eshelman indicated that water flow across the pan follows along the joint between the old and new asphalt. See pictures on the following pages. Based on review of the photos and descriptions provided, I believe the water services and the asphalt apron were adequately installed and constructed to the intent of the design. Sincerely, vg- seal, P.E. \. Hi Country Engineering, Inc. i Encasement being installed Insulation and moisture barrier Pioneer Point Subdivision 11/26/2012 Page 2 Start of Encasement before Curb Stop Installed Service Curb Stop and yard hydrant. End of Encasemen Pioneer Point Subdivision 11/26/2012 Page 2 Existing Asphalt at County Road and depth cut for new asphalt. Finished Asphalt Apron Pioneer Point Subdivision 11/2612012 Page 2 Finished Asphalt Apron Glenn Hartmann From: Roger B. Eshelman [rbeshelman@gmail.comj Sent: Tuesday, November 20, 2012 10:45 AM To: Glenn Hartmann Subject: Pioneer point hogan entrance apron Attachments: photo.JPG; ATT00001.txt 1 EXHIBIT Glenn Hartmann From: Roger B. Eshelman [rbeshelman©gmail.com] Sent: Tuesday, November 20, 2012 10:52 AM To: Glenn Hartmann Subject: Pioneer point water line extension Attachments: photo.JPG; ATT00001.txt Glenn Hartmann From: Roger S. Eshelman [rbeshelman@gmaiL.cam] Sent: Tuesday, November 20, 2012 11:01 AM To: Glenn Hartmann Subject: Pioneer point subdivision Attachments: photo.JPG; ATT00001.txt This curb stop is for the 1 1/4 inch pure core water line that is the point of origin for the water supply to lot one, From lot two approximately 400 feet in length. there's also a 1 inch line that serves the barn on lot two with a yard hydrant approximately 200 feet long both waterlines are inside 4 inch PVC pipe as a shield , and are buried past 6 feet deep bedded in fine dirt , covered with inch and a half blue foam as a frost barrier , with black permanent plastic over the blue foam as a water barrier. 1 :.L� . Glenn Hartmann From: Sent: To: Subject: Attachments: Roger B. Eshelman [rbeshelman@gmail.comj Tuesday, November 20, 2012 1t02 AM Glenn Hartmann Pioneer point lot one curb stop photo.JPG; ATT00001.txt Frost protection is shown here. 3 CIVIL ENGINEERING LAND SURVEYIN EXHIBIT )1 MEMORANDUM To: Roger Eshelman From: Dan Dennison Revised: November 27, 2012 Project: Pioneer Point Subdivision Subject: Lot 1 ISDS Design Clarification The Sewage Management Plan included in the preliminary plan submittal package stated the following: "ISDS systems will be designed by a professional engineer registered in the State of Colorado per Garfield County or State Regulations. The installation will be inspected and certified by a professional engineer registered in the State of Colorado and/or his representative." BICE believes that this required is excessive if there are percolation rates in the chosen septic field location between 5 min/inch and 60 rninlinch. We are asking that this requirement be lifted in the subdivision approvals. The owner of the property prefers to have the flexibility for the future lot owner to avoid the involvement of an engineer if he/she so chooses. This is not out of line with the Garfield County standards. 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO81601 970-945-8676 • PHONE 970.945-2555 • FAX www.HCENG.COM CIVIL ENGINEERING LAND SURV MEMORANDUM To: Roger Eshelman From: Dan Dennison Revised: November 27, 2012 Project: Pioneer Point Subdivision Subject: Amended Traffic Study Data INTRODUCTION The subject property is located approximately 3.0 miles north of Highway 82 just east of Carbondale off of County Road 100. The development is requesting an increase in trips onto County Road 100 utilizing two existing driveways. This traffic analysis report addresses both the existing and proposed traffic as well as the capacity requirements associated with a proposed additional lot. EXISTING AND PROPOSED TRAFFIC IMPACT The Single -Family Detached Housing (210) trip generation chart from ITE Trip Generation, 6e' Edition was utilized to determine the ADT for the proposed subdivision. Based on the average rate of trip generation per dwelling unit of 9.57 trip ends, the ADT is anticipated to be approximately 28.71 trips, Currently, there are two existing homes on the parcel. Another lot is being proposed to be subdivided out of the existing parcel which will be used for a single farnily residence. The existing ADT based on chart 210 is 19,14 trip ends. Therefore the irnpact from the additional parcel is minimal with an increase of 9.57 trip ends (10 trips). SITE ACCESS The property has an existing driveway at the center of the properties frontage along County Road 100. This serves the two existing homes on the property. The additional traffic generated by the property will access County Road 100 via the Hogan driveway to the north of the Pioneer Point Subdivision. This driveway currently serves the Hogan main house and an ADU. An extension of a new driveway off a switchback on the existing driveway would provide access across the Hogan property to Lot 1 of the Pioneer Point Subdivision. SURROUNDING LAND USE The surrounding land use is zoned Rural. County Road 100 is not a designated haul route for truck traffic. CRITERIA This basic traffic analysis conforms to the submittal requirements set forth in Article IV, Section 4-502 (J) (3) of the Garfield County Unified Land Use Resolution of 2008 as Amended. CURRENT AVERAGE DAILY TRAFFIC The existing average daily traffic (ADT) on County Road 100 is 583 vehicles, according to the Garfield County Road System 2002 Transportation Study. GROWTH FACTOR Garfield County population counts were obtained to quantify the overall growth between 2000 and 2010. According to U.S. census data the population of Garfield County in 2000 was 43,791 and the population in 2010 was 56,389, this is an increase of 12,598, which represents a population change of 28.8 -percent. This County -wide population change can be interpreted as an approximate 10 -year growth factor in the volume of traffic on County Roads. Applying this 10 -year growth rate of 28.8 -percent to the Garfield County Road System 2002 Transportation Study, average daily traffic (ADT) of County Road 100, the reported value of 583 vehicles during 2002, can be extrapolated to be 751 vehicles during 2012. PROPOSED AVERAGE DAILY TRAFFIC The anticipated increase in average daily traffic of County Road 100 will be approximately 10 additional vehicles per day. The resulting average daily traffic (ADT) will be 761 vehicles, which equates to an increase in ADT of 1.01 -percent. LEVEL OF SERVICE According to the Highway Capacity Manual (HCM), County Road 100 is classified as a Class I1 two lane road based on the percentage of local traffic over thru traffic over Cottonwood Pass. The roadway, along the frontage of the site, crosses relatively level terrain (below 3%) and has a grade adjustment factor, f0, of 1.00, in accordance with Exhibit 20.8 of the HCM. The percentage of trucks and buses on the road is estimated to be 10%, and has an adjustment factor, ET, of 1.1 in accordance with Exhibit 20.9 of the HCM. The percentage of recreational vehicles on the road is estimated to be 5%, and has an adjustment factor, ER, of 1.0 in accordance with Exhibit 20-10 of the HCM. The Heavy Vehicle Adjustment Factor, fmr, is calculated to be 0.99 in accordance with Equation 20-4 of the HCM. The roadway, along the frontage of the site, is in a no -passing zone, and has a Combined Directional Distribution and no -passing zone adjustment factor, fd,ap, of 20.5 percent, in accordance with Exhibit 20-12 of the HCM. The roadway is situated within a rural area and has a typical Peak Hour Factor, PHF, of 0.88, in accordance with page 12-10 of the HCM. The typical Design Hour Factor ,K, of the roadway is 0.10, in accordance with Exhibit 8-9 of the HCM. Passenger car equivalent flow rates ,Vp, Base Percent Time - Spent Following, BPTSF, percentages and Percent Time -Spent Following, PTSF, percentages, were determined current and proposed traffic conditions using applicable equations in accordance with the HCM. The corresponding Levels Of Service, (LOS) were then identified for the two traffic conditions, in accordance with Exhibit 20-4 of the HCM, as follows: Condition Peak Hour Volume V (Vehfh) Passenger Car Flow Rate Vp (pclh) Base Percent Time Spent Following BPTSF (°f°) Percent Time Spent Following PTSF (%) Level Of Service (LOS) Current Conditions 75.1 86.2 9.60 30.10 _ A Proposed Conditions 76.1 87.4 9.70 l 30.20 A _ Level of Service `A' is defied for Class II highways as less than 40% of time spent following. County Road 100 will stay within Level of Service "A" following the added traffic from this development. CONCLUSION Based on the trip generation forecasts, the described operations at the site are not anticipated to have negative impacts on County Road 100 or the surrounding roadways. The noted increase in traffic during and after construction represents a negligible net increase of 1.01 -percent above the average daily traffic. REFERENCES 2002 Average Daily Traffic County Road System Transportation Study, Garfield County Colorado. Highway Capacity Manual, HCM 2000, Transportation Research Board, Summary File, Table PL 1 U.S Census Bureau, Census 2000 Redistricting Data Summary File, Table PL 1 U.S Census Bureau, Census 2010 Redistricting Data CIVIL ENGINEERING LAND SURV MEMORANDUM To: Roger Eshelman From: Dan Dennison Revised: November 27, 2012 Project: Pioneer Point Subdivision Subject: Hogan Shared Driveway Grades The existing grades vary from 6°/ to 18%. The most significant grades are along the first 130 feet of the driveway off of County Road 100. This driveway has a direct connection to the Hogan ADU at approximately 100 feet off of County Road 100 which limits the amount of regarding that can be done and still serve this unit. An asphalt apron has been added to the driveway to help control runoff onto County Road 100 from the driveway. This improvement was based on concerns from Garfield County Road and Bridge with drainage. The Carbondale and Rural Fire Protection District and Garfield County Road and Bridge are satisfied with the existing driveway centerline slopes based on site visits and a test drive assuming the improvements to the apron and turnouts were maintained. The slope of the driveway at the switchback is 6% and this fork in the road will be used as a turnaround for emergency vehicles. HCE is aware that this driveway does riot meet County roadway standards. However, this driveway has been in use for some time now and there have not been any traffic incidents that the property owners are aware of up to the time the submittal and emergency access is being satisfied. 1517 SLAKE AVENUE, Suf7E 1 01 GLENWOOD SPRINGS, CO 81601 970-945-8676 • PHONE 970-945-2555 • FAx WWW.HCENG.COM EDITED DRAFT CONDITIONS - RECOMMENDATIONS SECTION VIII OF THE STAFF REPORT PREPARED BY PLANNING STAFF 11/28/12 (changes are shown in bold) VIII. RECOMMENDATION EXHIBIT 51 Staff offers the following draft conditions in support of a recommendation by the Planning Commission for approval subject to conditions: 1. All representation of the Applicant contained in the application shall be considered conditions of approval unless specifically modified by the Planning Commission recommendation. 2. An engineering Individual Septic Disposal System shall be required for Lot 1. The existing septic systems for Lots 2 and 3 shall be inspected by the Garfield County Building Department with any deficiencies noted by said inspection to be repaired prior to recording the Final Plat. The Applicant shall maintain compliance with the representations contained in the Applicant's Sewage Management Pian. 3. The Applicant shall maintain compliance with the Division of Water Resources Well Permit and related Water Court Decrees and any conditions contained therein. The Applicant and any future successors in ownership shall maintain the required contract with. Basalt Water Conservancy District. Irrigation water shall be allocated to each proposed lot pursuant to amendments to the shared well agreement. 4. Prior to Final Plat approval, the Applicant shall supplement the Water Quality Testing to include any additional tests and affirmative finding by a qualified water testing professional that the water meets the Colorado Primary Drinking Water Standards andfor provide a treatment solution should a compliance issue be noted by the test results. 5. The Applicant shall finalize and record at the time of Final Plat approval the well sharing agreement, road sharing agreement, covenants, and homeowner association documents for the subdivision. All said documents shall be subject to final review and acceptance by the County Attorney's Office. 6. Compliance with the recommendations of the Applicants Geotechnical Report by Yeh and Associations and the recommendations of the Colorado Geological Survey shall be required. These recommendations include site specific supplemental engineering and soils analysis for Lot 1 and supplemental engineering review of slope stability and grades for excavations associated with road cuts. Plat notes identifying the supplemental engineering requirements shall be included on the Final Plat. The Final building and driveway location on Lot 1 shall be designed to avoid or minimize impacts on areas with slopes steeper than 30% to the extent reasonably possible. The Applicant's slope analysis demonstrates that approximately 50% of the proposed Lot 1 is Tess than 30% in slope. Compliance with the slope development standards contained in Section 7-210 (F) shall be required for Lot 1 and for any future expansion or additional development on Lots 2 and 3. 7. Compliance with the Carbondale and Rural Fire Protection District recommendations contained in their referral comments dated 8/4/06, 8/21/08, and 11/9/12 shall be required including but not limited to creation of defensible spaces for new structures pursuant to the State guidelines, water supply for fire protection, and location and construction of access/pull-outs at the time of construction of the new access road to serve Lot 1. Said letters are attached as Exhibit A. 8. Waivers from submittal requirements are recommended for approval in accordance with the Review Criteria contained in Section 4-202 (C). 9. The proposed driveways and related waivers from roadway standards contained in Section 7-308 are recommended for approval in accordance with the Review Criteria contained in Section 4-117(C) provided the following conditions are met prior to final plat approval. a. Provision of additional documentation from the Applicant's Engineer indicating the adequacy of the various driveways to safely serve the proposed units and in particular the steeper sections of access to Lot 1. b. Provision of additional upgrades to the Lot 1 access as determined necessary by the Applicant's Engineer including potential upgrades to surfacing and widening of the initial turn toward Lot 1. c. Review and approval of supplemental upgrades to the Lot 1 access by the County Consulting Engineer. d. Compliance with the recommendations of the Road and Bridge Department for additional access permitting the existing driveway for Lots 2 & 3 and additional improvements at both the access points onto County Road 100. e. Construction of the proposed driveway serving Lot 1 shall be subject to additional drainage and erosion protection in accordance with County regulations. f. The Applicant shall provide information on existing traffic counts for County Road 100, further demonstrating the minimal net traffic impact from the proposed subdivision. 10. The proposal for a waiver from the requirement for a subdivision improvement agreement associated with the Applicant's proposal to defer infrastructure improvements to a future purchaser of Lot is not recommended for approval. The following conditions are recommended for approval to address the subdivision improvements waiver: a. The Applicant shall provide engineering documentation for all improvements already installed, including the Lot 1 water line and driveway apron. Said documentation shall include engineering verification that the improvements were properly installed. b. The Applicant shall provide an engineered estimate for the installation of the proposed driveway to the Lot 1 lot line and any additional access improvements serving Lot 1. c. The Applicant shall provide proof of installation and sign -off by a qualified engineer of the remaining access improvements prior to the recording of the final plat or in lieu of said verification shall provide a Treasurer's Deposit Agreement or similar documentation acceptable to the County Attorney's Office providing security in the amount of the engineer's cost estimate for the construction of the remaining access improvements. d. Plat notes shall be included an the Final Plat providing clarification that electrical and water service has been provided to Lot 1 as currently configured and that any extension of said utilities to the final building location within Lot 1 shall be the responsibility of a future lot purchaser. 11. All new construction on the property shall be required to meet all Garfield County Building Code Requirements. At the time of building permit application the Applicant shall comply with all standard county requirements including erosion and sediment control during construction including driveway improvements and shall address ongoing weed management on the site consistent with the County Weed Management Plan and the Colorado Noxious Weed Act. 12. The Applicant shall provide bear proof trash containers for any outside storage of trash within the subdivision and shall comply with the wildlife compatibility recommendation contained in the Colorado Parks and Wildlife referral letter dated 11/13/12. 13. The Applicant shall pay required impact fees associated with the new Lot 1 for school land dedication and Fire Impact Fees prior to the recording of the Final Plat. County Road/Traffic Impact Fees shall referenced on the Final Plat by Plat Note and shall be payable at the time of issuance of a building permit for Lot 1. 14. The Application reflects general conformance with the Garfield County Comprehensive Plan provided the applicant maintains the majority of each lot in an open condition. In lieu of establishing building envelope limits on development the Applicant and future lot owners shall maintain approximately 70% of each lot, not including driveways and utilities in an open condition without structures. This condition does not preclude establishment of lawns and yards or similar landscaping improvements in the open area. 15. No approvals or prohibitions on future Accessory Dwelling Units on any of the proposed lots are granted with this approval. The subdivision approvals will however provide separate lots for both existing homes and any past designations as a guest house or ADU will be superseded by this approval. 16. The Final Plat shall be subject to review and approval by the County Attorney's Office including all certificates. The plat shall also include plat notes as shown on the attached Exhibit 8 except as may be edited by the County Attorney's Office as part of the final plat review. Plat notes #4 and #7 on the draft plat included with the Application submittal shall be deleted. Exhibit B — Mat. Notes 1. Control of noxious weeds is the responsibility of the property owner in compliance with the Garfield County Weed Management Plan and the Colorado Noxious Weed Act. 2. No new open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et.seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. 3. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 4. Colorado is a'`R1GHT-TO-FARM" state pursuant to C.R.S. 35-3-11, Et. Seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a county with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sound, and smells only as inconvenience, eyesore, noise and odor. However, state law and county policy provide that ranching, farming and other agricultural activities and operations within. Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust. smoke. chemicals. machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendment, herbicide. and pesticides. any one or more of which may naturally occur as part of legal and non -negligent agricultural operations. 5. All owners of land, whether ranch or residence, have obligations under state law and county regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities an act as good neighbors and citizens of the county. A good introductory source for such information is '`A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 6. The mineral rights associated with this property will not be transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). 7. Dogs kept on the property shall be in a fenced yard, kennel or on a leash to prevent harassment of wildlife. Any outside storage of trash shall be in a bear proof container. Feeding of wildlife shall be prohibited with the exception of songbirds. Fencing on the property shall comply with the Division of Wildlife specifications for wildlife -friendly fencing contained in their 11/13/12 referral letter. 8. Engineer -designed septic systems are required within this subdivision and compliance with the Pioneer Point Sewage Management Plan is required. 9. Engineer -designed foundations are required within this subdivision. along with compliance with requirements for supplemental geo-technical and soils analysis and recommendations of the Yeh and Associates Geotechnical Report (dated August 28, 2009) and the Colorado Geological Survey Referral Comments (dated November 14, 2012) for improvements including road construction. 10. Garfield County Traffic Impact fees shall be paid for development of Lot 1 at the time of filing a building permit application for Lot 1. 11. Access driveways. electric service and domestic water service for Lot 1 exists on or to the Lot 1 property line. Further extension of access and services to the final building location shall be the responsibility of the owner of Lot 1. Provision of domestic and fire protection storage at the final building location shall be the responsibility of the owner of Lot 1. DEPARTMENT OF NATURA1. RESOURCES DIVISION OF WATER RESOURCES November 20, 2012 Glenn Hartmann Garfield County Building and Planning Department 108 8`" St., Suite 401 Glenwood Springs, CO 81601 Dear Glenn: EXHIBIT CG John W. Hicien1ooper Governur Mike King Executive Director Dick Wolk, I' E. Director/State Engineer Re: Pioneer Point Subdivision Preliminary Plan and Final Plat Section 18, T7S, R87W 6t'1PM Water Division 5. Water District 38 We have reviewed the above -referenced preliminary plan to subdivide a parcel of approximately 6.7 acres into three residential dots. Lot 1 would be 2.5 acres and would have one single family dwelling; Lots 2 and 3 would be 2.1 acres each with one single family dwelling per parcel. The applicant proposes to provide water to all three lots through an existing well on Lot 3. Sewage disposal is to be provided through individual septic systems. The well on Lot 3 is operated under Permit No. 54836-F, which was issued pursuant to CRS 37-90-137 on November 9. 2000 for the Eshelman Well No. 1. This well is to be operated in accordance with the Roger and Amelia Eshelman Augmentation Plan approved by the Division 5 Water Court in case no. 99CW198, The use of ground water is limited to ordinary household purposes inside three single family dwellings, the irrigation of 4,500 square feet of lawn and landscape irrigation, and the watering of six head of livestock. The pumping rate shall not exceed 15 gpm with an annual appropriation rate of no more than 1.56 acre-feet. The permit is valid, The applicant is proposing to use the well to supply all three homes; a draft well sharing agreement was attached with the application. A letter from Sara Dunn of Balcomb & Green P.C. dated August 24, 2012 indicates that, as decreed in 99CW198, the well can legally provide water to three single family dwellings with up to 4,500 square feet of irrigation each and stockwater for up to six horses within the property. The applicant should be aware that as the Division of Water Resources understands 99CW198, the augmentation plan allows for 4,500 square feet of irrigation total, not per dwelling. CRS 37-92-602(3)(b)(I11) requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Accordingly, if the parcel is subdivided, the presumption under CRS 37-92-602(3)(b)(II)(A), that there will not be material injury to the vested water rights of others or to any other existing well from such well, will no longer apply. Lots within this subdivision will not be eligible for exempt well permits once the subdivision process is complete. A well test report by Samuelson Pump Co., Inc. dated August 3, 2010 indicated that the well produced an average of over 20 gallons per minute over a 4 hour period on June 24, 2008. Based on a substantiated well yield of 15 gpm, the water supply is expected to be physically adequate to supply three dwellings with the use of the proposed 2,000 gallon storage tank. Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-358! • Fax: 303-866-3589 http://uvater.state.co.us Glenn 'Hartmann November 25, 2012 Pioneer Point Subdivision Preliminary Plan and Final Plat Page 2 Please note that the Gong term adequacy of any ground water source may be subject to fluctuation due to hydrological and climatic trends. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(h)(I), that the proposed water supply should be physically adequate and will not cause material injury to decreed water rights so long as the applicant operates the well in accordance with the terms of the augmentation plan and well permit. If you or the applicant has any questions concerning this matter, please contact Karlyn Armstrong of this office for assistance. Sincerely, Megan Sullivan, P.E. Water Resources Engineer MD/kaa/Pioneer Point Subdiv.docx cc: Alan Martellaro, Division Engineer District 38 Water Commissioner CIVIL ENGINEERING January 3, 2012 Garfield County Building & Planning Department 108 8 th St. Suite 401 Glenwood Springs, CO 81601 AnEnipbyco-Owocd Compealy LAND SUR RE: Request for Design Waivers and Amendments to Conditions of Approval EXHIBIT PP This letter replaces the previous technical waiver request letter. This is a supplement to Public Hearing Exhibit G and we ask that this letter become a public hearing exhibit as well. The requirements set forth in the new 2030 Comprehensive Plan and the Unified Land Use Resolution 2008 asks for a number of studies, plans, and design standards that put an excessive financial burden on the property owner. This project is not adding an additional access point onto County Road 100. The current property already has two residences in place and this plan changes one of those residences from a guest house into a primary residence on a newly created lot. We want to clarify that this subdivision has the potential for adding only one new primary residence over the existing conditions. The County hasalso discussed with the property owner that this process would be treated more like a subdivision exemption due to the minor impact of the project. Below are narratives on why we reel the waiver requests are justified: Visual Analysis We have provided an analysis of the visual impact in this submittal. A building site on Lot 1 will not affect the view lines to the east due to a ridgeline on BLM land. The building permit submittal for Lot 1 will address screening the eventual building location from views to the west. Open Space Plan. This subdivision will not have any open space for public use or shared use by the lot owners. We feel that for this small ofa project the open space plan is not applicable. Erosion Control Plan There is no need for an erosion control plan because the there are no plans for subdivision improvements as part of the project. The work to provide utilities and access across Lot 1 will be done as part of the building permit and erosion control will be handled at that stage. 1517 BLAKE AVENUE, SURE 101 GLENw0DD SPRINGS, CO 81601 970945-8676 + PHONE 970-945-2555 ■ FAX W W W. HCENG. COM Landscape Plan There is no need for a landscape plan because the objective is to not have any subdivision improvements as part of the subdivision plans. The native vegetation is detailed in the Pioneer Point Subdivision Vegetation Description. Groundwater and Aquifer Recharge Areas The site is currently served by a well from which the future Lot 1 residence will also be served. The wastewater will be treated with the use of a septic tank and infiltration field. The vast majority of the water used will return to recharge the groundwater. The project currently has two separate operational septic systems in place for the existing homes. A geotechnical evaluation will be done for the Lot 1 building permit to find a location for the septic field that is capable of adequately supporting waste disposal. Environmental Analysis This property is already in use as a residential property and that will not change with the addition of the new residence. Wildlife Study We have included the reference to the wildlife habitat profile mapping found on the Garfield County website. This was addressed in the sketch plan submittal. Radiation Hazard Study We would like a waiver from this requirement due to the low impact involved with this project. A further analysis will be provided for the building location on Lot 1 when research is done for building permit. Subdivision Improvements Agreement We would like to avoid the requirement of and S1A due to the limited amount of improvements to provide access and utilities to Lot 1. The Eshelman's have already made improvements to extend the Lot 1 water service to within 50 feet of Lot 1 and upgraded the Hogan driveway apron on County Road 100 per discussions with the Garfield County Road and Bridge Department. The rest of the improvements can be done in conjunction with the building permit work for Lot 1 with minimal work to complete the 175 feet of driveway from the Hogan Property to Lot 1 and the final stretch of 1.25" water service on Lot 2. The easements will be in place on the Hogan property and on Lot 2 once the plat is recorded to allow for this construction in the future. Please refer to exhibit Q for the formal request by the applicant's attorney to waiver the SIA. Roadway Standards The north lot will utilize a shared driveway in place on the Hogan property to the north of the proposed subdivision. This driveway is currently serving a primary residence and an ADU. This access will become a shared access and will have an easement recorded prior to final plat that will give Lot 1 traffic access across the Hogan property along the existing drive up to the switchback and then continues across the Hogan property to the lot line with Lot 1 Pioneer Point. This easement will provide access to a yet to be determined building envelope location. The existing portion of this driveway has been examined by the Deputy Chief of the Carbondale Fire District, Bill Gavette, and determined that the current driveway is adequate for emergency access (see exhibit M). This driveway was allowed by the County in the past and is currently in use. The steepest section is the first leg of the existing driveway to a point where the Hogan ADU traffic is diverted off the shared driveway. This section of road that serves 3 residences is approximately only 90 feet long. This section of the road is currently tops out at 18% slope and is approximately 23' wide. We are asking for a design standard waiver to allow this first segment of driveway to stay in its current configuration in order to avoid a third access point off of County Road 100. Most importantly, this proposed subdivision plan will not add any additional access points onto County Road 100 and with the shared driveway proposal it would avoid the need for several hundred feet of driveway up from the county road to a suitable building pad on Lot 1 and create an unnecessary negative visual impact to the area. An asphalt apron has been added to the Hogan driveway at County Road 100 per the request of the Garfield County Road and Bridge Department to keep runoff away from the County Road and to keep loose gravel off the thru lanes. The stretch of road from that exceeds 15% is through the curve in front of the existing ADU structure. Any reduction in grade would negatively affect the access to this existing unit. The 180' extension of the road across Hogan's property to the Lot 1 lot line will be per the primitive residential standard of 12' wide and a minimum 3' wide roadside ditch. We are asking for a road standard waiver to allow this new section of driveway to and across Lot 1 to be up to 14% grade in sections along the driveway for more flexibility in accessing a yet to be determined building footprint. The fire department will make an evaluation of where we should be adding a pullout on this section of road once the building location is selected. The portion of the driveway extension across the Hogan property does not need a pullout due to the short length and the switchback at the beginning of the extension already providing a turnaround location. This driveway to the Hogan property was approved previously for the existing main house and ADU. The addition of this additional traffic will not negatively affect the safety of the access which has already been recently improved by creating a low point before beginning the climb to the ADU, Mr. Eshelman is asking for a waiver to avoid an adjustment to the existing grades, lane width, drainage changes, and the need for a stop sign. Mr. Eshelman is also requesting a variance from the request from Garfield County Road and Bridge to improve the entrance to the exiting Eshelman driveway by installing a paved apron and adding a stop sign. The traffic counts will not increase on this driveway from the existing number of trips so we would ask that no changes be made to the previously approved driveway. School Impact Fee Mr. Eshleman would be glad to pay the school impact fee based on the County Assessor's valuation of his newly created lot. However, we strongly request a waiver from the process requiring a private appraisal of said lot because the costs associated with the appraisal would end up exceeding the impact fee and that appraised value becomes public record. Open Land Requirement Mr. Eshelman would like to waive the open land requirement in the 2030 comp plan for the Pioneer Point subdivision because the subdivision was laid out prior to the 2030 comp plan. We were at the submittal stage and actively working with the County staff on our project during the change over to the 2030 comp plan. Again we are only adding one additional primary residence on this property and the there is already the provision in the Rural Zone Districts limitations one lot coverage to 15%. Water Quality Testing Mr. Eshelman would like to have the extensive water testing requirements for a subdivision waived. Mr. Eshelman has been using this existing water source for his primary residence and guest house for many years with no issues related to the tap water. Testing of the well water from the front hose bib was performed in November of 2008 and the results can be seen on the final page of Section N of the preliminary plan application. An additional test for bacteria was performed on 1/2/13 which verified an E. coli content within State water quality standards. The costs to perform additional testing is not practical for a project where only one additional unit will be served off an existing well. Below are requests for amendments to the conditions of approval: Redesignation of Existing Guest House to Primary Residence Mr. Eshelman would like for the existing guest house to be recognized as the primary residence for Lot 3. Dog Restrictions Mr. Eshelman would like to eliminate the restriction on "off leash" dogs. He would like to mandate that any dog's on the property that are not on a leash be properly trained to be under voice command. This will be detailed in the covenants and the standard subdivision plat note will be revised to reflect this as well, Fireplace Restrictions Mr. Eshelman would like to have the right to install one (1) open hearth solid -fuel fireplace or one (1) sold -fuel burning stove on all 3 of the proposed Pioneer Point Subdivision lots. This will be detailed in the covenants and the standard subdivision plat note will be revised to reflect this as well. This request is based on the rural nature of the property. Sincerely, Dan Dennison HIGH COUNTRY ENGINEERING, INC. EXHIBIT L 41 MESA COUNTY HEALTH DEPARTMENT Wanting Ngettter tor b Healthy Community Customer Pinnacle Water (Culligan) 1107 Hendrick? Dr Carbondale, CO 81623 Mesa County Health Depc 510 29.5 Rd, Grand Juridic US Mail: PO Box 20,000, (970) 248-6999 fax (97C http://health.mesacounty. Sample invoice # 20-13 Date Collected 1/2/2013 System Eshelman Received 1/3/2013 7378 CR 100 Matrix Drinkring Water Carbondale CO Purpose Personal Info Location Comments Test Name Result MPN E. coli c1.0 E. cold" 100 mL DEAR COUNTY COMMISSIONERS, I WOULD VERY MUCH APPRECIATE YOU FINDING THE LEGAL DESCRIPTIONS FOR COUNTY ROAD 100. I HAVE DONE A GREAT AMOUNT OF RESEARCH INCLUDING CONTRACTING WITH AN OUTSIDE SURVEYING COMPANY BECAUSE I HAVE HAD TO SURVEY MY PROPERTY OVER AND OVER AGAIN AS IT RELATES TO COUNTY ROADS. KKBNA/ SCARROW AND WALKER DID AN ENORMOUS AMOUNT OF WORK JN THE EARLY 1980'5 AFTER SCARROW AND WALKER CHANGED THE LEGAL DESCRIPTION FOR RIMLEDGE URANIUM AND THE STRANG RANCH IN 1977-1978. AT THIS TIME THERE WERE PLATS MADE FOR THE STRANG RANCH AND RIMLEDGE PROPERTY ON BOTH SIDES OF COUNTY ROAD 100. THESE ARE IN CONTRADICTION WITH THE CROUCH PROPERTY. THE BARNES, THE PREDECESSOR TO THE CROUCH'S PROPERTY HAD LAND QUIETED TITLE AT THE CORNER OF CO RD 100 AND CO RD 102. THIS COUNTY ROAD HAS CHANGED OVER AND OVER AGAIN. THE ESHELMAN PROPERTY IS JUST THE LATEST EXAMPLE OF CO RD 100 BEING IN A PLACE NOT LEGALLY DEFINED. STRANG DEEDS BY QUIT CLAIM DEED TO MCCORMICK WHO THEN DEEDS TO ESHELMAN. THESE LEGALS ARE WRITTEN BY SCARROW AND WALKER/ KKBNA AND ARE PUT ON THE GROUND INCORRECTLY. SCARROW RELINQUISHED HIS SURVEYING LICENSE AFTER BEING ON PROBATION IN 1991. HE RELINQUISHED HIS LICENSE IN 1992 AFTER SIGNING THE HENDERSON/ STIRLING PLAT OF WHICH HAS CROUCH LAND IN IT THAT WE DID SIGN OFF ON. I AM REQUESTING THAT THE COUNTY FIND THE LEGAL DESCRIPTIONS OF COUNTY ROAD 100 FROM CATHERINE STORE TO CATTLE CREEK. THE CROUCH LAND HAS PLAT 925 ASSOCIATED WITH THEIR LAND. SO DOES THE ESHELMAN AND STRANG PROPERTY. THIS PLAT IS #22185 BUT IT IS PLAT # 925. I WILL BE HAPPY TO HELP YOU IDENTIFY THE ROAD WITH MY DOCUMENTS. THE RED BARN PROPERTY, PREVIOUSLY QUIETED TITLED BY THE CROUCH'S PREDECESSOR BARNES IS ANOTHER EXAMPLE OF CO RD 100 AND 102 ROADS NOT BEING DEDICATED TO THE COUNTY. PLEASE ADDRESS MY ISSUES OVER THE COUNTY ROADS BEFORE APPROVING ONE MORE SPLIT. THANK YOU, ADRIENNE CROUCH DOCUMENTS INCLUDED -00,D Ck\AP ce) u,,z1=7-D 1 of 1 EXHIBIT I FF 1/7/2013 12:50 PM 368,036'72 6' RE.ERIPTI AND CASII ENTRY Fa, 0.1546 %., ' .4.6,-,-1 • . „ The United States of America. - CERTIFICATE NO.——.7d- ' To all to Whom these Presents Shall Come, Greeting : WHEREAS, 4 4, j ha_ in the General Land Office the United States Certificate of the Register of the Land Office at-45,---1..,4nrizr302/ „deposited or a --- .----- ............... itapp299,4 that full payment has been made by the said—..___...-.._..._.------- • -1,-.4-d2L—'7 ela2,-4",__,Z ..iflei. according to the provisions of theAct of OongreseptlitHlh of April, 1820, eytitled"Aia aotroakkg further provision for the sale of the Public Lands," and the acts supplemental thereto, for,...,--ar , , /2-4-cbc.n, ...eAtfre...21 sz-14-1&-ele,-C ,a---1.41 ( / ' d fF--dr-e-e ' ,244 co-rzi-11.-C,1 -e----,--A-V--- ,...-e-c•ryd;rtx ,..7.--x.A--,49 , , 40-1_,--4--,--a.,,Z,9- _ea, 4r4,-ig .444414:7(4a .2:4:24 /4"---r-141...T , . • . . . N according to the Official Plat of the Survey of the said Lands, returned to the General Land Office by the Surveyor General, which said Tract._ lia_eg bean by the said purchased NOW KNOW YE, That the 'United States of America, in coneideration of the preminea, and in conformity with the several .Aots of Congress in such case in e and provided, have given and granted, and by these present's do give and grant unto the said and to.. ..,...,4,cdV - heirs, the amid Tract --above d.eseribed, . TO HAVE AND TO HOLD he same togetherwit 11 the rights, privileges, immunities ancl appurtenances, of whataover nature, thereunto belonging, unto e Bald tly . and to._ -..,...—..-.........heirs and assigns forever; subject to any vented and accrued water rights for mining, agricultural, manufaeturing or other pulp:sea, and rights to ditches and reservoira used in connection with each water rights as may be recognized and acknowledged by the local cuetoros, laws and decisions of Omuta, and also subject to tha right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by law, and there is reserved from the lands hereby granted a right of way thereon for ditches or canals constr by t e authority of the United States. DT 'TESTIMONY WHEREOF, I /V X-011,0der President of the United Stelae of America, have caused these letters to be made patent, atsd the Seal or the•General Land Office to be hereunto affixed. GIVET under my hand, at the City of Washington, the day day of in the year of our Lord one thousand nine hundred and 4., of the Independence of the United States the one hundred .4. . and._„._ .L.A&C/'•-i.rai--- SEAL ° BY TEE PRESIDENT :___ Recorded, Vol..-- a‘ , Page/_ . , i, for Record tte / 7 day 7 19 c;',2 (/'v ut o'clock .7' Ill. _Filed of—L3,A ,_„,at By -.Deputy. r - • . Recorded at.....:.. Reception No rs o'clock....J..9..M.,NOV 319 78 TSIs DEED, Made this 7th day of June , 1978, v,ipcd 8. FAGE:44.5 between MICHAEL L. STRANG and KATHLEEN S. STRANG, iATIDaCIEW' fEE husband and wife, NOV 3 1378 of the County of Garfield and state ofd Colorado, of the first part, and RIMLEDGE URANIUM AND MINING -•-- . . LIQUIDATING TRUST, 818 Colorado Ave., Glenwood Springs, CO 81601 of the County of Garfield and state of Colorado, of the second part, WITNESSETH, That the said parties of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION AKMAkkx to the said part ies of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, 1 tS heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part ieS of the first part ha ve in and to the following described lot or parcel of land situate, lying and being in the County of Garfield and State of Colorado, to wit: See Exhibit A attached hereto. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said es of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of the second part, its heirs and assigns forever. IN WITNESS WHEREOF, The said part ies of the first part ha ve hereunto set theirhand s and seal S the day and year first above writtels Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, County of ss. Garfiel. \\St Michael L. Strang, hus CNd-LLAA. Kathleen S. Strang, [SEAL] [SEAL] [SEAL] [SEAL] The foregoing instrument was acknowledged before me this 7th day of June 197$,by Michael L. Strang and Kathleen S. Strang, husband and wife. My commission expires , 19 . Witness my hand and official seal. My Comm 5.5Ic. n u:2 cs Msy 10, 140, 0-1°4'7 •'�r •r � ',3‘19/7 No. 933. QUIT CLAIM DEED.----nradford PubllshIna Co., 1824.4E Stout street, Denser, Colorado —1-77 • TA" LT- TA,/ .v. 9 ' ,a�9 . ro O 8 Pa 4 46 /4/47/1= t©Q T . zG 7°.3 a3 d fri/1/4 7 t80 d A parcel of land situated in Lot 12 of Section 18, township 7 South, Range 87 West of the Sixth Principal Meridian lying Easterly og the Easterly line of County Road No. 100r Southerly of the Northerly line and Westerly of the Easterly 'line of said Lot 12, said parcel of land is described as follows: Beginning at the. East Quarter corner of said Section 18; thence S. 88° 32'27" W. 1324.03 feet along the East-West centerline of said Section 18 to the Southeast corner of said Lot 12; thence N. 00`20'41" E. 116.90 feet to a point in a fence as constructed and in place the True Point of Beginning; thence N. 87°32'03" W. 216.81 feet along said fence to the Easterly Zine of County Road No. 100; thence N. 33°23`06" W. 479.76 feet along the Easterly line of said County Road to a point an the Northerly line of said Lot 22; thence N. 89°39'26" E. 483.10 feet along the Northerly line of said Lot 12 to the Northeast corner of said Lot 12; thence S. 00°20'41" W. 412.82 .feet along the Easterly line of said Lot 12, to the True Point of Beginning. The above described parcel of land contains 326 acres, more or less. SCARROW AND WALKER/RYBNA, INC. 204 8th Street'. December 27,197.7 Glenwood Springs, Colorado bra r Xi, coe; c+� c . 4,6 , cgc9 EXHIBIT A STRANG TO RIMZEDGE . Recorded at. f(7r y o'clock ' .M.M./0- 2 Reception No 1 91 DEC 2 9 1978 Pox !.t.4:),0 p.41.-.;€99-2 _,.Recorder. THIS DEED, Made this 2 9th day of December , 19 78 between RIMLEDGF URANIUM AND MINING LIQUIDATING TRUST, - of the County of Garfield and LEO MCCORMICE, Room 150, $df 2x1 - County Colorado, of the second part: State of Colorado, of the first part,. and Hotel Colorado, Glenwood Spring of Garfield and State of DEC 2 9 1978 STATE 08CI!FI NTARY FEE WITNESSETH, That the said part V of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to .the said part V of the first part in hand paid by said part i es of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents do e.s • grant, bargain, sell, convey and confirm, unto the said part y of the second part"11S heirs and assigns for- ever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit. One-half undivided interest in that. property . described on Exhibit "A"; See Exhibit A attached hereto also known as street and nn mbar TOGETHER with all and singular the hereditaments and appurtenances 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, claim and demand whatsoever of the said part '' of the first part, either in law or equity, of, in and to the above •bargained premises, with the hereditaments and appurtenammes. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the said part V of the second part, his heirs and assigns forever. And the said party of the- first part, for itael f , heirs, executors, and administrators, do es covenant, grant, bargain, and agree to and with the said part y of the second part,hi S heirs and assigns, that at the time of the enscaling and delivery of these presents, itself well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and ha 5 good right, full power and lawful authority to grant, bargain, sell and convey the seine in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, tares, assessments and encumbrances of whatever kind or naturesoever., except covenants, conditions, and restrictions of record, easements and rights-of-way of record for utilities, roads and ditches, and the effect of inclusion in any special districts including water, ditch, road or other districts, and the above bargained premises in the quiet. and peaceable possession of the said part V of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole 1 or any part thereof, the said part V of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part v of the first part has hereunto set it S hand and seal the day and year first above written. STATE OF COLORADO, Garfield County of Is&—au4- The foregoing instrument was acknowledged before me this 0 9 day o1 . 1.9 7g ., by-t,,I.ames Noennig as Trustee of Rimledge Uranium and Mining � -I1iq c�o,titmii4ivn'UTires •' RIMLEDGE URANIUM AND MINING L.IQU-j TING U.S1' (SEAL). �f:s�t .....,....,R(SEAL) . 3ames Noenrlig, ?crusta .......,....(SEAL) illy {;r.,1;;;:Es:,;I: ix,: r S 17.-3rcril 14, 19&1 19 04 .'NkAg RgofiER16. arae:,; =Pu ,iic. PrAi RtkHTF USED.--Fer Photographic reccwrd.---llrmilosrYi'eblishina co... 1824-15 Stout s nen.er, Caler*,1 lime • - r[:O.v. :E993. 3.26 4C.,'_` c --,az /A/6w r /CD C 7 - parcel of land situated in Lot 121of Section 18, township :7: -South, Range 87,West of the Sixth Principal Meridian lying Easterly of. the Easterly line of County.Read No. 1007' Sautherly of the: Northerly. line and. Westerly of the Easterly 'line of .said., Lot 12, said parcel of land is: described as follows: Beginning at the. East Quarter corner of . said_ Section 18; -thence -S. 887'. 32' 277 W. 1324.03feet. along.the East-West centerline of said. Section.. 18 to the Southeast, corner:of said -Lot -12; thence :N, 00'20.'411' 116..90: feet to a point in• a' fence. as .constructed and in place the True - Point of Beginning; thence N::87°32'03"W.. 216..81 feet along said fence to the Easterly lineof County Road No.. 100; .'thence'.N.:33°23'06"':W. 479:.76••:feet along, the Easterly- -line of .said -County Road to a'. point on the..Northerly line of sai.d•Lot .12, thence N. 89c'39'267'E.4.E33-.10 feet.`along the. Northerly. .line of said 'Lot 12 to . the Northeast corner of. said Lot .12; :thence. 5; . O0°20'41" W;::412:.82::feet:-:along•the Easterly line of said: Lot:12, .to:•the. True Point of Beginning; The :above described parcelof. land contains 3.2.6. _acres, mire' or .ices. - SCA3tROW AND WALKER/KKBNA, INC. 204 8th:Street•. . December 27,1977. Glenwood Springs, Colorada EXHIBhT A - 'RIMLEDGE- TO::NcCORMICK • !32'¢:.0.5 .. .1* Recorded •' ' • ":' Reeei)tioti NO: ' — , • • , . - . . . • .• . . . . Madi .Ihhi - • 2nd d» nf January • , i79 LtLLn RIVILEDGE .•URANIUM•Ailp• -.". NiNING.iaQ0iDATING.Tx.iST, ' • . • or IN' • • (°140IY •Garfield: 161 •, . • , 4.olomida:uf Lite firat`Pitrf.:stint . • • . • • . ' • '• • • LEO DicCORMICit- “. • • . r • V2, 4.;.` rj C ReCorder. "..f114•1`.P sT4Alf STATE 11GRAIENTARY.ITE.•:•••.:1:'....c;. . „.. •• • fugariiiiiieeSS : Room 15 ; Hotel-04-loradc5. : Glenwood. Springs, --CO 81601 . • •• ' • ' -.lir the- -•-• . r. ' -. . . " Cool4 of ' Garfield ' . ,. .. .... ... ... ., and Suitt. of Col6rado, Of the second part: . . ' • • .'..:W1TNESSET11. Thath ' te said'party of -the (init. partf ,•or urid iitemadderation.of the aumof •• ',.• • • •.• • • . • . - .',.-, . .. L...• Ten Dollars . and . other good and: valUal;le coris.iciera ti.on -..-• : L.,' "Igi,.1cmarg' ...:. the said party of t he first .part in Fiend Paid by the'snid Par ty .of the Second Partt he receipt .whereolla kerebY:. ...:i ra4j1esse41 arid aCknowledged,luts granted, bargained. i•ailii.and conyeked,..and.by these presents does:grant, hint -alit, • :441. convey andco n fi rni. 41ito t he Said party.'or the second.. pall' t, his bulili anti .aisigas furever,: all .the 'fallOw ;jog- siJiir ri bed lot. - .• ...or par eui -- , !AlandsitulLte..Iyirngunq being in the': ,' . . . .• - . • • .. . , • 1 oty "un' of .. 'Garfield'. ' . : ' arid State oftolailtdo..in4it:' '• : _. • . . . . .., . .,,.... .. .. .. , . . . . . . . . . . . , • . • :One—half undiNrrided. -interest in that property - .'• . -•. .••., ., ''.described on Exhibit ."4";,. •-• ' See Exhibit -A -attached hereto . 111111 tillniber. Ti mi.:111 ER with all im'd singular the lieredittiments and 11 pp ut•tena net.s thereto belonging,. or in ainywiseapper- taining. and the re Y42 rtikin and reversions. remainder anti 1 1118111tierH. rents., issues and profits thereof;'and nil. the estate. righ 11 114. interest. claim and demand whntS0eVer of the 3411111 purty.ofthe first part,- it her in law -or enu lty of, Lin unci to the ulioliv bargained premises. with Chs.. hereditament:4 and appurtenanctm1(4 .. • 1itti,"E1•AN1)1 (111.01,1 the.said•premises armee 'bargained and described. -with the apPurtenances..•uata the,saitt • party of the second part. his heirs and assigns forever. And the •snici party oi. the first part. for him)1elf..his'helrK executor's. and administmitoi.s..daes covenant -grant, Itrgain. and agree to and 1.k.'iththe.ti4id partyof the secondliart his heirs and. sisSigtm 1 but at 1114. 4.1184. of the ensealing and delivery oft hese•presents..he is well•seized 011ie 'premises: above con veyed..as .441" good. sLI re. perfeet . 41111011ute stmlindefeasi hie estate of inheritant4. in in'.'.'. in' fee simPle, and haw gaud right. full pewer and lawful authority 'tu geant; bargain. set] find convey, the same in manner and torn! as aforeSititi. and t hat the same are freen ntr:clestr from all former' and. tither grants. hargains,..Sales. assessinents•and viten inbrances of whatever kind or except covenants, .conditions. and. restrictionsof record, eaSer!keirts: and .rights—of—way 'of • record . _ for -utilities; roads and ditches, • and the effect Of ,inclusion in - • .any special districts. including water, ditch, road or .other districts-, • . . , • ' • - and the ahoved hargained• premises in the quiet and peaceable possession' of the said party Of the- Second. part, his •, heir?: 811(1 usgigus,against all and every per:4011..1n- 41E*1*01125-111Wri.111. &tainting 04 1,41 el al ntthe whole ur 1111V imirt.thereufi . the said party of the firtit par.t shall . and wilt WA RRANT AN1)- FORF.V I'V DEFEND; TI10 Singular nunibes r hall • inc hide 4.114. p1411111 the plural' t,he sl ngular, a:n[11T 41111. of Unk gender ii 1111 be,applicable to all genders...., ,. . ,. IN WITNESS.W II EltlitIF, illi.t)qtitl.plirt.3: of the first part has hereunto set. hiS hand and 41(1,1 the.dnY and:year-firat. above Written. ' . • ' - . .. . _.. •• ... • , . . . .. . . .,. ...— . .- - ... - ••° : . RximtgpGE URANIUM -.AND' tONINO. .., •,,. . . . prisT :-: ...' . :- i. IS. ..E4..1.r. .., . , .. .• es Noennig, Trust • • , _ , . . . „'.1SE41:;]: STATE OF COLORADO ' .14. . ' • 1 •, PI/Linty or GARFXELD : : • - , . ' .. •., • , ... '...: ("I, . .. ..... ....j. .. . . • • . . ... -, ... _ 4 — . . . . .. -4 , 111. fin•I. goi lip•teis,t Lti MC 11 WWI ateknov,letig•ed before me iiiits. day or ciiii-m,..aus. .. . . .... .- . : 144:4 - a .4 - S1-0,o§nnig as Trustee Of • itimiedge Uranium and minirig:-... • • fly Cott:vo biltas idaitib 14 l!C1 .. . .. . ,. ; .... , 9 • .W #nea.k.ny itand,00H;f;glati:Lti,:;1.:.....; >.%...:. .. a.,.. ... : . : .1$. " ..... LO.4. ... ., ,,„7 — ,. _ • - • •• oak.:.ss. 7 "i/:t. ". , 7 ••:. Xusql.T r!shtio-./ No 932t WARRANTY Ilititil — row 44erur,11.1-011•78 Bi-adrord Pulp1Whifig Co.. 1414i*aut Siregt. Denvir. Cali -rad° 0"fill(14i4•48 • . : - • . • , ,:57 /4? ((_-:) AV•7 77/77 /4/4 S.7o8 [ JK : i.+;�L i :.r E 1. )ti coIe. //ry `rr' /tel.'rt-EET t. AI/ 74. S 74 (sem c. A parcel of land situated in Lot 12 of Section 18, township 7 South, Range 87 West of the Sixth Principal Meridian lying Easterly of; the Easterly line of County load No, 100, ~Southerly of the Northerly line and Westerly of the Easterly 'line of said Lot 12, said parcel of land is described as follows: Beginning at the East Quarter corner of said Section 18; thence S. 88° 32'27" W. 1324.03 feet along the East—West centerline of said Section 18 to the Southeast corner of said Lot 12; thence N. 00°20'41" E. 116.90 feet to a point in a fence as constructed and in place the True Point of Beginning; thence N. 87°32'03" W. 216.81 feet along said fence to the Easterly line of County Road No. 100; thence N. 33°23'06" W. 479.76 feet along the Easterly line of said County Road to a point on the Northerly line of said Lot 12; thence M. 89°39'26" E. 483.10 feet along the Northerly line of said Lot 12 to the Northeast corner of said Lot 12; thence S. 00°20'41" W. 412.82 feet along the Easterly line of said Lot 12, to the True Point of Beginning. The above described parcel of land contains 3.26 acres, more or less. SCARROW AND WALKER/KKBNA, INC. 204 8th Street' December 27,1977 Glenwood Springs, Colorado ti Fte8dar7� 4j r4. o EXHIBIT A RIMLEDGE TO McCORMICK Tit • o'clock M Recorded at $ � r? Pntenn Mr U2n,7ni A • f�ir:�Jr� r'rs�`i7r THIS DEED, Made this /981 , between OCT 16 1981 recoi 11 583 idGE568 day of October LEO MC CORMIC of the County of La Plata . Colorado, of the first part, and ane: State of ROGER B. ESHELMAN AND A? ELIA S. ESHELMAiN OCT 16 198 foriatirirt whose legal address is P.O. Box 473, Sno"amass, Colorado 81654 of the County of Pitkin and State of Colorado, of the second part: WITNESSETH, that the said part y of the first part, for and in consideration of the sum of Ten Dollars and other valuable consideration • to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A parcel of land situated in Lot 12 of Section 18, Townshit, 7 South, Range 87 ?Nest of the Sixth Principal Meridian lying Easterly—of the Easterly line of County Road No. 100,' Southerly of the Northerly line and Westerly of -the Easterly line of said Lot 12, said parcel of land . i'5 described as follows: '. Beginning at the East Quarter corner of` said Section 13; thence S. 58 32'27" W. 1324.03 feet along the East—'+lest centerline Of said Section 19 to -the Southeast corner of said Lot 12; thence N. 00 20'41" E. 116.90 feet -to a point in a fence as constructed and in place the True Point of Beginning; thence N. 87 32'03" V. 216.81 feet along said fence to the Easterly line of County Road No. 100; thence U. 33 23'06" W. 479,.76 feet along the Easterly line of said County Road to a point on the Northerly .line of said Lot 12; thence N. 89 39'26" E.. 453.10 feet along the Northerly line of said Lot 12 to the [northeast corner of said Lot 12; thence S.00 20'41" ¶:r. 412.82 feet along the Easterly line of said Lbt 12., to the True Point of Beginning. 1946/10H1440441444 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. No. r68. W,1R am'i'y DEED—TaluinmTenants. —Br id fp rd Pu blinking Ca., 1846 Stout Si re et, Denver, Colorado (673-6511)-945 riV z BOOK 583 PAGE569 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for him- self, his heirs, executors, and administrators, do OS covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains,,sales, liens, taxes, assessments and incumbrances of whatever kind or nature, soever, except and subject to taxes and assessments for the year 1981 and thereafter, U.S. Patent reserva- tions and exceptions .as recorded in Book 71 at Page 368 as Document No.36926, easements and rights of way as recited in Book 521 at Page 149, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered in the Presence of SEAL] Max. Mauricio Ma1.cis dr LEO C CORMxCK [SEAL] Lawler and 'intra ry limier rrhe [SEAL] .Laws of Guatemala STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this 2n6 19 81 , by Leo McCormick My commission expires ,only " when supreme Court of Gua temala decrees so. Otherwise it is validindefinitely. 1 &9. day of October , 19 . Witness my hand and official seal. O t h ONADQ ABOGAno Y !MARIO Nctary Public XJ O