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HomeMy WebLinkAbout6.0 PC Staff Report 04.12.2006Exhibits for Mahan Properties Preliminary Plan Public Hearing (PC) held on 04/12/06 and continued to May 10, 2006 .;;;. 7 .. "._ � ����`rr5!!�r ,;9.,...... «. ...��»�'�..-. .". ... Fi-_U ...at S.A....�.... .....".d^... -.. ,. %.......... ......_.....,,.,_ ":.^-'.�'Y.'^..•Y•.:°.::«w.r:._e _. .. . » :r' ...:.a,.!„i........>., ..a». <.�..."...__.,e,��m...............:.....>.v�. .":n:rae.eu_�..m. �.. �_:...:.:Y:..:.....,.:�:._. _:�..:w;..... 3.. w.a3=: x ..;I:[::..«.«:.�»'. <t:..=9e"=".,m.:'. Poe"�'«i.. a-....?at.:3-..,"..,5 ..s==F`::i°:F.'=..'::^e-e:. ���".=..,,:,,:'.r.�.-C�:>.a,.>..F.,"."."..........at>�:`:=::::.i�"m.',.".;a:e.eY^..::'::::...«�.: %..d^`'"=iW'.:Y'--..: ..e:•�:. [."t°"•`4% °m:.s.,..:,.... Y.,-.56-�::_L...:^.'.a:'S:'.k.«.^. 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A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Subdivision Regulations of 1984, as amended E Garfield County Comprehensive Plan of 2000 F Application materials G Staff Memorandum H Letter from Glenwood Springs Fire Department dated 4/5/04 I Letter from Glenwood Springs Fire Department dated 1/31/06 J Letter from the Colorado State Forest Service dated 1/23/06 K Memorandum from the County Road and Bridge Department dated 1/17/06 L Letter from the Colorado Division of Wildlife dated 1/30/06 M Letter from the Division of Water resources dated 1/27/06 N Memorandum from the County Vegetation Manager dated 2/1/06 0 Pictures submitted by Kathleen Harris P Scott Fifer PowerPoint Slides Q Termination of Protective Covenants and Deed Restrictions R Staff PowerPoint Presentation New Exhibits for May 0, 2006 S Exemption Lot History Map from Davies to Carnes to Mahan T Packet from Leavenworth & Karp dated May 3, 2006 U Letter from Pat Fitzgerald dated{/4/26/06 J .% rloV \ alw'r ^ 0./1 1� 4,11- (l.Ja .l p L . \\ M PC 05/10/06 continued from 04/12/06 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST Preliminary Plan Application review APPLICANT Mahan Properties LOCATION A tract of land located in portions of Section 8, T7S, R89W, generally located approximately five (5) miles south of Glenwood Springs, off of County Road 126. SI'I'h DATA 20 acre parcel (approximately) WATER Spring Well (The Davies Well) SEWER Individual Sewage Disposal System ACCESS CR 126 (Black Diamond Mine Road) EXISTING ZONING ARRD ADJACENT ZONING ARRD / Open Space (BLM) I. DESCRIPTION OF THE PROPOSAL The Applicant proposes to formally split their 20 acre property into two lots (Lot 1 having 5.66 acres and Lot 2 having 15.06 acres). As a practical matter, the Applicant proposes to use Black Diamond Mine Road (CR 126) to split their property into the two lots. Domestic water source for the two lots comes from an existing spring well that currently has a West Divide contract. Existing ISDS would be utilized for sewage disposal purposes. Access to the properties would continue to be County Road 126. Lot 1 would contain the existing house and arts & crafts studio. Lot 2 would contain the guest house and various storage sheds. 4.441 39.34` 7'12'18" N=124.33' =N38'04'27" 24' ROM EASEMENT OOLW 483 AT PACE 421 ERAwEu DUG STORAGE OU1LMO WATER STORAGE SHED -- �_ ! -1- wAN =107.93' R=122.27' \A=50'34'39" EN=104.46' 13R( H4409'29"W 64. ,?e,. H. COVENANT RESTRICTION ISSUE As you will recall from the last meeting, the remaining unresolved issue continues to be an issue of whether certain covenants were required by the Board of County Commissioners prohibiting any further subdivision of this parcel. To this end, Staff submitts the following points for discussion: 1) At the last meeting, the Applicant furnished a document entitled "Termination of Protective Covenants and Deed Restrictions" which intended to terminate any covenants which were attached to the parcels created from the sdo called "Carnes Exemption" originally created in 1975, splitting a 40 -acre property into one 20 -acre and two 10 -acre parcels. This was signed by the majority of the land owners which include Mahan and Kenneth Green. This was a correction to an attempt to terminate the covenants on Decemberl7, 2000. (Attached as Exhibit Q); 2) Neighbors to the 20 -acre Mahan property allege that the covenants requiring no further subdivisions actually applies to all of the Exemption Lots created in the Black Diamond Mine area in 1975 and cannot be voided or terminated without a majority of all of the Exemption Lot owners. A letter from Pat Fitzgerald, an original partner in the Exemption splits, states that "we placed deed restrictions prohibiting further re -subdivision on the property that was developed for certain reasons." This letter was submitted with no supporting evidence that the Board of County Commissioners actually required such a restriction. (Attached as Exhibit U); 3) A letter submitted by Leavenworth & Karp (represented by David McConaughy) was submitted on behalf of Kathy Harris, Denis Hines, and Scott Fifer. The letter requests the application be denied primarily as it conflicts with existing covenants which remain in full force and effect on the subject property which prohibit further resubdivision. (Attached as Exhibit T) 4) The recorded "Resolution to SB 35" which memorialized the BOCC's action splitting the 40 - acre Carnes property into one 20 -acre and two 10 -acre parcels is included in Exhibit T. While this resolution does not contain a specific condition requiring any covenants, the Petition for Exemption (application) does represent that covenants are intended. Interestingly, the Williams Resolution (also in Exhibti T) contains a hand written condition that states "This exemption is granted on the specific condition that all agreements, conditions, and conditions set forth in the Petition (application) be complaied with." The Petition, also attached, specifically represents that no further subdivision can occur. Again, the Carnes Resolution (approved prior to the Williams) does not contain such language. 5) The subject covenants ("h") also specifically contain a provision for termination whereby they run with the land and are binding until January 1, 2000. At that time, the covenants shall be automatically extended for sucessive 10 year periods unless otherwise changed by vote of the then majority of tract owners. Mahan and Green (two of the three owners representing a majority) attemted to terminate these covenants on December 17, 1999. (See point #1 above). HI. STAFF COMMENT Ultimately, this debate is a legal one. The Planning Commission is being asked to recommend denial to the Board of County Commissioners (BOCC) for a subdivision based on a representation by Carnes to the BOCC in 1975 that no further subdivisions are allowed on all of the lots created by -2- Exemption which includes the Mahan, Green, and Stephenson properties. The submitted evidence, claimed by Leavenworth & Karp, is in the Carnes Petition, although it was not reflected in the Resolution of apoproval. Also note, there are no conditions in the resolution (as are typically required today) that "alI representations are considered conditions of approval." Questions to contemplate: 1) Were the covenants actually required as conditions by the BOCC when Carnes did his Exemption? 2) If the covenants were required by the BOCC, did they only apply to the tracts in the resolution rather than all of the Exemption parcels created in Black Diamond Road area? 3) If the covenants applied only to the tracst in the Carnes Resolution, were they successfully terminated in 1999 by Mahan and Green? 4) If the BOCC did not require the covenants in 1975 as part of the Carnes Exemption approval, is the BOCC the enforcer of protective covenants? W. STAFF RECOMMENDED FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for the hearing before the Planning Commission. 2. That the public hearing before the Planning Commission was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated areas of the County. 5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978, as amended. 6. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. STAFF RECOMMENDATION Unless decided otherwise regarding the legal covenants question, Staff recommends the Planning Commission forward a recommendation of APPROVAL to the Board of County Commissioners for the proposed Preliminary Plan request for the Mahan Subdivision subject to the following conditions -3- of approval. General 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning & Zoning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. Plat Notes 2. The Applicant shall include the following plat notes on the final plat: a. "Control of noxious weeds is the responsibility of the property owner." b. "One (1) dog will be allowed for each residential unit within a subdivision and the dog shall be required to be confined within the owner's property boundaries." c. "No open hearth solid fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid fuel burning stove as defied 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". d. "All exterior lighting shall be the minimum amount necessary and that all exterior lighting 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". e. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, 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, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or 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 amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. f In addition, all owners of land, whether ranch or residence, have obligations under State -4- g. law and County regulations with regard w 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 and 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." "The mineral rights associated with this property have been partially or wholly severed and are not fully intact or 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)." h. "Foundations and Individual Sewage Disposal Systems shall be engineered by a Professional Registered Engineer within the State of Colorado." County Road 126 3. The Applicant, at their own expense, shall remove the "framed dugout" as identified on the Preliminary Plan from the County Road 126 right-of-way. Security for this work shall be included in the Subdivision Improvements Agreement if not removed by the Final Plat submittal. 4. The Applicant shall obtain an Encroachment Agreement from the Road and Bridge Department allowing the "Cabin" and "Storage Building" to remain in the County Road 126 right-of-way. This approved agreement shall be submitted with the Final Plat application. 5. The Applicant, at their own expense, shall 1) remove the corner fence at the existing driveway to the Main House as identified on the Preliminary Plan, 2) one tree at the driveway entrance shall be trimmed if possible or removed for better visibility for downhill traffic and widening the existing road, and 3) remove brush and fencing from the right-of-way on both sides of CR 126. Security for this work shall be included in the Subdivision Improvements Agreement if not removed by the Final Plat submittal. 6. The Applicant shall be required to deed a 60 -foot right-of-way to the County for the 60 foot wide right-of-way for County Road 126 as it passes the full length of the property. This deed shall be provided to the County with the Final Plat application. Wastewater 7. Pursuant to Section 4:92(E) of the Subdivision regulations, the Applicant shall submit an Individual Sewage Disposal System (ISDS) Management Plan for the operation and maintenance of all the on-site ISDS systems. The Applicant shall include this plan in the protective covenants. -5- Water System 8. As required for the Final Plat application, the Applicant shall create a Homeowners Association (HOA) and provide the Articles of Incorporation, By -Laws, and Protective Covenants with the Final Plat application. 9. The Applicant shall be required to deed the existing water system in its entirety, to the HOA. This HOA shall own and maintain the physical water system as well as the water rights (associated well permits and augmentation contract). The form deeds shall be submitted to the County as part of the Final Plat application. Easements 10. All easements of record shall be shown on the Final Plat. More specifically, the Applicant shall identify the location of the components of the physical system which shall be placed in easements deeded to the HOA. These easements shall be shown on the Final Plat. School Site Acquisition Fee / Traffic Impact Fee 11. The Applicant shall pay the appropriate RE -1 School Site Acquisition Fee as calculated by Section 9:81 of the Subdivision regulations. This fee shall only be calculated for one new dwelling unit on Lot 2. Payment of this fee shall occur prior at the time of Final Plat. In no circumstance shall the Final Plat be signed by the Board of County Commissioners until such fee has been paid. 12. The Applicant shall pay the appropriate Traffic Impact Fee for a property located in the 8d Traffic Study Area. This fee shall only be calculated for one new dwelling unit on Lot 2. Payment of this fee shall occur prior at the time of Final Plat. In no circumstance shall the Final Plat be signed by the Board of County Commissioners until such fee has been paid. Fire Protection 13. The Applicant shall submit a "Wildfire Fuels Reduction Plan", approved by the Glenwood Springs Fire Protection District with the Final Plat application. This plan shall incorporate the recommendations provided by the Colorado State Forest Service in their letter dated 1/23/06 (Exhibit J). This plan shall also be incorporated into the Protective Covenants. 14. The Applicant shall design and install an appropriate water line connection from the two existing 5,000 gallon water tanks on the property to the County Road in order that the water may be used for fire protection supply. This design and location of line shall be reviewed and approved by the Glenwood Springs Fire District. The Applicant shall submit the approved design with the Final Plat documents. Weed Management -6- 15. The Applicant shall provide a Weed Management Plan which includes weed treatment by June 1, 2006 to the County Vegetation manager for review and approval. The documentation may be in the form of copies of application records or they may contact the Vegetation Management Department for a site visit to verify that the treatment has been done by June 1, 2006. Proof of this shall be included in the Final Plat application. Site Plan Design 16. The Applicant shall delineate building envelopes on both lots such that they encompass the existing and developed areas near CR 126 to minimize development / disturbance on the remainder of the lots. Native vegetation shall be maintained outside of building envelopes. These building envelopes shall be shown on the Final Plat. VI. RECOMMENDED MOTION "I move to forward a recommendation of APPROVAL to the Board of County Commissioners for the proposed Preliminary Plan request for the Mahan Subdivision subject to the conditions listed in the Staff Report." -7- 11111111111! Hill 1111Il1ii1llill 11111111 11111Illi1111 695677 04/07/2006 12:50P 61787 P828 N ALSDORF 1 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO TERMINATION OF PROTECTIVE COVENANTS AND DEED RESTRICTIONS ' WHEREAS, on March 17, 1975, Resolution to SB -35 was approved by the Garfield County Board of County Commissioners which granted Ben E. Carnes an exemption under C.R.S. § 106-2-33(d) (1963 as amended) for the division of a forty (40) acre tract into two (2) tracts of ten (10) acres each and one tract of twenty (20) acres; and WHEREAS, on August 8, 1975, Mr. and Mrs. Carnes sold a ten (10) acre tract to Richard .and Sharon Stephenson with certain protective covenants and deed restricted as recorded in Book 477 at Page 467 (hereinafter referred to as the "Stephenson Parcel"); and WHEREAS, on August 8, 1975, Mr. and Mrs. Carnes sold a ten (10) acre tract to Tom Collinson with certain protective covenants and deed restrictions as recorded in Book 477 at Page 470 (hereinafter referred to as the "Collinson Parcel"); and WHEREAS, on March 4, 1976, Mr. and Mrs. Carnes sold a twenty (20) acre tract to Jimmy and Letha Sue Sills with certain protective covenants and deed restrictions as recorded in Book 483 at Page 421 (hereinafter referred to as the "Sills Parcel"); and WHEREAS, Kenneth J. Greene and Christine N. Greene are the current owners of the Collinson Parcel; and WHEREAS, Mahan Properties is the current owner of the Sills Parcel; and WHEREAS, Kenneth J. Greene (as the sole owner of the Collinson Parcel at the time) and Mahan Properties, as the majority of tract owners, desired to terminate the protective covenants and deed restrictions on all three tracts of land, as allowed for pursuant to paragraph (h) of said covenants; and WHEREAS, on December 17, 1999, Mr. Greene and Mahan Properties executed a Termination of Protective Covenants and Deed Restrictions recorded in Book 1165 at Page 646 as Reception No. 556907 (hereinafter referred to as the "Termination Agreement"); and WHEREAS, the Termination Agreement included a clerical error such that only one tract of land wasincluded in the termination of protective covenants and deed restrictions rather Than all three tracts of land; and WHEREAS, Mr. Greene and Mahan Properties intended to include all three tracts of land Page 1 of 3 1111111 11111 1111111 111 1111111 IIIIII 111111111111111! IIII 695677 04/07/2006 12:50P 61787 P829 [1 ALSDORF 2 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO described herein in the Termination Agreement; and WHEREAS, the parties, as majority of the tract owners, desire to terminate the protective covenants and deed restrictions on the Stephenson Parcel, the Sills Parcel and the Collinson Parcel; and NOW THEREFORE, notice is hereby given by a majority of the tract owners that the protective covenants and deed restrictions as initially recorded in Book 477 at Page 469, in Book 477 at Page 472, and in Book 483 at Page 423 are hereby terminated. It is the intention of the undersigned that the protective covenants and deed restrictions initially recorded in Book 477 at Page 469, in Book 477 at Page 472, and in Book 483 at Page 423 terminate and that there be no automatic extension as otherwise provided for under said protective covenants and deed restrictions. The protective covenants and deed restrictions are attached hereto and incorporated herein as Exhibit A. Property descriptions for the three tracts of land are attached hereto and incorporated herein as Exhibit B. DATED: 9-- - 4 STATE OF COLORADO COUNTY OF ) ss. Kenneth J. Gree e 65 Favre Lane El Jebel, CO 81623 Christine N. Greene 65 Favre Lane El Jebel, CO 81623 The foregoing instrument was acknowledged before me this day of April; 2006, by Kenneth J. Greene and Christine N. Greene. WITNESS my hand and official seal. My Commission expires: ] 700"f Page 2 of 3 1 iniii nisi uuiu iu ural mui iini iii mn 1111 ini 695677 04/07/2006 12:50P 81787 P830 M ALSDORF 3 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO COUNTY OF GARFIELD ) ) ss. Mahan Properties P.O. Box 3574 South Padre Island, TX 78597 The foregoing instrurnent was acknowledged before me this 7th day of April, 2006, by James P. Mahon, Jr, WITNESS my hand and official seal. My Commission expires: 10/31/2007 `,`����0GCAJ[�f'''+iJj1 rq Notary Public Page 3 of 3 11)-1:%1 �..' L1C,/ I 49OF ••••'•Pq. • 11111111111111111111111111111111111111111111111111111 695677 04/07/2006 12:50P 81787 P831 M AL5DORF 4 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO Exhibit A bA iRy (I. ,XS i:id: CT :V3 cov2n.1;;"fANO DEZ3 ♦. aoua483 rA,E423 1. Resubdivision. No tract of land may ba raaubdividod into smaller tracts o. land. 2. Ho _rant of land may by c.o.:: 2or any purpose* other than ssirsQla-.amity ronidsnaial uses. 3. No mobil•o homes or t_:.:lar: .:l ::o geed at any tim■ in any manna; on ia:d tr.::..:s .54 lone:. 4. Any residunco aa:►::t:ue:Led on .:..:.,acv, pro:sacay shall be at least 1,200 square fear: .n ;._.,;s u::::.l b., mo:.s►.rod on tie first flab: of :.::+a :,tuasld.A :v:a;.clux:on, exclusive of porches, garages and c.:r parts. • 8. No livestock, poultry or goa:.::..tel. . u 'raga, other than p a horse or cow par fiva� s:srss. :w:; �it::.3 livestock auat bo :rapt and maintairad so as roe :o 's.:+c:•._.s t yr.:.; ~uiuunaa. Any property owner koo7Lac C:oCo ti; •.a as mu,:t :securely pen or rastrain by a leash :::.i :::ai.Y:.:. .o that it may not roam ' throughout the area a: will. b. Tho owner of any tri:ct uhall oa.-.,.:cr;;.s construction of any atruaturo eraotod o:1 1.44t ::ACL withiA Oitip Your of co:in:once- =arit of co:.atructla :. 7. Zxii`tLing foli:.,u ....:.2::1 .. :..: cr...c. .r 41;na.4r1.. :.0 pm:sib/a. ?oi:acal L:.r v..catM.1-v i L` :w: Mi.! ;moved only to the extant recansa<ry ..4 c;.404rc wu:.:.ir.vc, drivawa.ya, side- walks and sewasa and -•"{1, S. :hoop covonante :.ns ....crit _:o:...:.r.+ . run yid'. eco lane; and shall be bi :a:s7:w.: a.� .:.::�isd i.+1 parsons Clair.:rti: under them until .:3.t::•ry 1, UilC. A: the:: ti:..b, c;sid covi7nant o shall b. automatically .,x:a:C.::: 4. r zuccono.ive to:. -year prr_«:,:::: unless otherwise ch.::L5..:. by Yo':.: G= :.'ne then mo5o'ity of tract owAurz. 5. is any tract c nar GT :or them G:Io11_4 or atto pt to viol ate 4.4y a! ':, '• MaVvnn. nts :.Lorain L:t ee,l, shall bo law:.: for ar.;aini :? -:.L . c. aoru or Lrry c.tzu: or persona Charebj e.ny nu:4 in Iwa C rr equity to restrainL.'.': •e:,Gt.. V:Gi:':G: O; Cale covirl:ir. and Lo recover d1.:.a71.a _.-+: ..:t •,Vit,+i.t:G.'.L' :.nd to r►•.:LVL,;' 41; COS:0 s'..'..: attorney re.is.. .. "s' .. - :O 4a0:44 xilia ::ovi::jc. 02 • thasa cOVOAant1:. -• — a...wwa-+ r .k.. .e+iw-x.�lA'f�L1�D7 +•w11[4KYI.it71{d:iW1G4. 1111111111111111111111 11111111 1111111111111111111111 895677 04/07/2008 12:50P 81787 P832 MALSDORF 11I 5 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B Property Descriptions for Three Tracts of Land Stephenson Parcel N1/2E1/2SW1/4NEI/4 of Section 9, Township 7 South, Range 89 West of the 6th P.M. in the County of Garfield, State of Colorado also known as 4777 117 County Road, Glenwood Springs, Colorado 81601. Collinson Parcel 51/2E1/2SWI/4NE1/4 of Section 9, Township 7 South, Range 89 West of the 6`h P.M. in the County of Garfield, State of Colorado. Sills Parcel W1/2SW1/4NE1/4 of Section 9, Township 7 South, Range 89 West of the 6th P.M. in the County of Garfield, State of Colorado also known as 4779 117 County Road, Glenwood Springs, Colorado 81601. PUBLIC NOTICE TAKE NOTICE that Mahan Properties has applied to the Planning Commission, Garfield County, State of Colorado, to request a recommendation of approval for a Preliminary Plan application for the Mahan Subdivision, a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: W1/2 of the SW 1/4 of the NE I/a of Section 9, Township 7 South, Range 89 West of the 6th PM. County of Garfield, State of Colorado Practical Description: Black Diamond Mine Ranch, 0648 County Road 126, Glenwood Springs, CO This Preliminary Plan application requests for the Mahan Subdivision would allow Mahan Properties to split the 20.72 acre subject property into 2 (two) lots: Lot 1 having 5.66 acres and Lot 2 having 15.06 acres. All persons affected by the proposed Preliminary Plan are invited to appear and state their views, protests or support. If you can not appear personally at such hearing, then you are urged to state your views by letter, as the Planning Commission will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. A public hearing on the application has been scheduled for the 12th day of April, 2006, at 6:30 P.M. in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County PUBLIC NOTICE TAKE NOTICE that Mahan Properties has applie to the Planning Commission,Garfield Count State of Colorado, to request a recommendation i approval for a Preliminary Plan application for th Mahan Subdivision, a property situated In Thr County of Garfield, Stale of Colorado; to -will SW 1/4 of the N 1!4901 Sectal ion9, Township 7 etaSouth, Range 8 West of the 6th PM. County of Garfield, State of Colorado Practical Description- Black Diamond Mine Ranch, 0648 County Road 126, Glenwood Springs, CO This Preliminary Plan application requests for the Mahan Subdivision would allow Mahan Properties to split the 20.72 acre subject property fine 2 (two) lots: Lot 1 having 5.66 acres and Lot 2 having 15.06 acres. All persons affected by the proposed Preliminary Plan are invited to appear and state their views, protests or support. If you can not appear person. alty at such hearing, then you are urged to state your views by letter, as the Planning Commission will give consideration to the comments of sur- rounding property owners, and others affected, In deciding whether to grant or deny the request. The application may be reviewed at the office of the Planning Department located at 108 8th Street, Suite 201, Garfield County Plaza Building, Glen- wood Springs, Colorado between the hours of 8:30 am and 5:00 pm, Monday Through Friday. A public hearing on the application has been scheduled for the 12th day of April, 2006, at 6:30 PM in the County Commissioners Meeting Room, Garfield County Plaza Buiiding, 108 8th Stroo' Glenwood Springs, Colorado. Published in the Post Independent Mq PROOF OF PUBLICATION GLENWOOD SPRINGS POST INDEPENDENT STATE OF COLORADO, COUNTY OF GARFIELD (ss) 4- 38208 , do solemnly swear that I am C .6" ""`r of THE GLENWOOD SPRINGS POST INDEPENDENT; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Garfield, State of Colorado and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Garfield for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular andentireissue of every number of said weekly newspaper for the period of I consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated. „1',,,,,, ,,-,-„ „A.Q., 20 C , and the last publication of said notice was in the issue of said newspaper dated ,ar , 1.31 AD., 200... In witness whereof I have hereunto set my hand this - day A.D., 20 ti„J.1„g Ge ral nage /Publisher Subscribed and sworn to before me,Mary public in and for the County of Garfield, State (S My Com orado, this t #f� . • ROA ; ELNDI-IS JO i day of i.�.t. .tr tom; Fe • 1, •' 201i Grand Avenue Glenwood Springs, CO 81601 Notary Pi . is Signatu Advertising Receipt Colorado Mountain News Media PO Box 699 Glenwood Springs, CO 81602 Phone: (866)850-9937 Fax: (970) 945-0777 James Mahan Black Diamond Mine Ranch 0648 CR 126 GLENWOOD SPRINGS, CO 81601 Ad taker: 58 Salesperson: Cust#: 40105947-000 Ad#: 33512611 Phone: (970)945-0319 Date: 03/02/06 Classification: 0900 f Description L Start I Stop fns. Cost/Day _ Surcharges Total N l 60 GSPI- 7 days per week Payment Reference: PUBLIC NOTICE 03/06/06 03/06/06 1 27.62 Total: Tax: Net: TAKE NOTICE that Mahan Properties has applied to the Planning Commission, Garfield Prepaid: County, State of Colorado, to request a recommendation of approval for a Preliminary Plan application for the Mahan Subdivision, a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: W 1/2 of the SW 1/4 of the NE 1/4 of Section 9, Township 7 South, Range 89 West of the 6th PM. County of Garfield, State of Colorado Practical Description: Black Diamond Mine Ranch, 0648 County Road 126, Glenwood Springs, CO This Preliminary Plan application requests for the Mahan Subdivision would allow Mahan Properties to split the 20.72 acre subject property fine 2 (two) lots: Lot 1 having 5.66 acres and Lot 2 having 15.06 acres. 27.63 27.63 0.00 27.63 27.63 (Total Due 0.00 NOTICE TAKE NOTICEi That 04, koLii ?ape r 5 has applied to the PA0..betA;vitle C o fott oft ssi.04 Garfield, County pursuant to S ec,4.cvl q:00 of jbd:u;siso.1 �3 os..,w lid to allow: s.) clay it• 20 atrc. ?orrcivf ;I1.�o Z ?ocJ3 of S. y tS - a.c.bre.3 e.fa.k. • R-eitdbv•A`043 1 i Pi/ on this property. A public\*Ve-o-r:Ace- will be held in the tiCouli.41 ?1144..**0 two 441•14. 1( s+re.(k- Glenwood Springs, Colorado on II Apr: I /12-/ to0 6 (date) at (9150 AA. on this applica+ion lot OA' (time) Date "tice Was Posted: BY: ��mt5� i, A+ir�u z. oo For additional information, contact the at 145---- �'ZIZ or ,108 8th St. Suite 144/ , Glenwood Springs, CO 81601 LI m ru —0 ri D D 7UE5 116[ U.S. Postai ServiceTM CERTIFIED MAILT,, RECEIPT (Domestic Mai! Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restri ted Delivery Fee (Endorsement Requ:red) Total Postage & Fees S UNIT ID: 0538 Postmark Here Clerk F'137CB 03/02/06 " Sent To --ireEetkiZ Street, Apt. No.; or PO Box NO. 5 t—AV RE City, State, ZJP+4 EL- Co 2 PS Form 3800. June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ▪ Attach this card to the back of the rnailpiece, or on the front if space permits. 1. Article Addressed to: 59(oz 4=1 (124— &Lee)c.000p QyU‘c_5 e0 No/ 2. Article Number 7005 1160 0001 6234 27268 (Transfer from service SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. COMPLFTE THIS SECTION ON DELIVERY A. Signre X2 0 Agent 0 Addressee 3. Received by (P nted Name) C. Etate ref Delivery JJf � 1. Article Addressed to: ti<a) tom -i4 kc - IL 6,BEL_ Co 61(02-3 2. Article Number (Transfer from service label) - ery address different from item 1? Ye's If YES, enter delivery address below: 0 No 3. Se ice Type Certified Mail 0 Registered 0 Insured Mail 0 Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 7005 1160 0001 6233 4564 0 Yes P5 Form 3811, February 2004 Domestic Return Receipt COMPLETE THIS SECTION ON DELIVERY L$ENDER: COMPLETE THIS SECTION A. Signature X` ❑ Agent 0 Addressee a ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. B. Received b Printed Name) C. Date of Delivery (,,i! D. Is delivery address differ nt from item 1? 0 Yes If YES. enter delivery address below: 0 No 3. Service Type 0 Certified Mail 0 Registered 0 Insured Mail 0 Express Mail 0 Retum Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) PS Form 3811, February 2004 Domestic Return Receipt 0 Yes 1. Article Addressed to: A)15' tkE5 � 2 C' IAC (P4vc C Colo 102595-02-M-1540 COMPLETE THIS SECTION ON DELIVERY A. SiDnature X ❑ Agent ❑ Addressee B. Received by (P{ire'ed Name) i D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No C. Date of Delivery 3, Service Type i 0 Certified Mail 0 Registered 0 Insured Mail 0 Express Mail 0 Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery'? (Extra Fee) 0 Yes 2. Articie Number (Transfer from service label, 7005 1160 0001 6234 0244 102595'02-M4540 PS Form 3811, February 2004 .JA6t'ltiS (. m41\J JAL LC -g `�'' 14,,,r4i G-100[4000 CO /Me GJ00 W a p p6pPlik)651 B ik0 / C444/ i.:;J SU ,c TURN RECEIPT 54%1;1_1 PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT OF THE RETURN AODRESS, FOLD AT DOTTED UNE W to NUMEB CERTIFIED MAIL 11 11 ui 7005 1160 0001 6234 0282 i6tAk D - Domestic Return Receipt c�v.r€DST::TEs ror�4L SE.•✓.C6 926 ' 1l 1 a U.S.HPQSTAGE II ! �; ` i� GLENW00D SPRING.0 !l 81601 MHF! 02. ' 06 111114 AMOUNT t� 000229°`• Bi60: iFER Cki AvE7.„._ - 2ND O T RETURN---- - ---C-0"Tcy7i-mIgaorriferrisist Ifaer 1 6);/\/ �C aeik14)C0 p 3(p. rwLS CO B(b©] PLACE STICKER AT TOP OF ENVELOPE TO THE RIGHT — — — — ... OF THE RETURN ADDRESS, FOLD AT DOTTED LINE CERTIIFIEDMAILrA, `--'---•- i 1 1 11 11 1 11 IAil; .'f.:17 .7, STATES SE'S VICE 7005 1160 0001 6234 0275 ci26 4 6AJ4 r t�P�)7pri5°,A) t./. , I i • II 16_a#amt 0.S. POSTHGE PRID GLENWOOD SPRING.E 81501 MHR 02-'05 :IMOUNT nra4r FurST NOTICE 2ND f407' Co top cIc e JbC 11f F1l Er 1Ir1 i 111 llll1111 i,, 1lI�In 1l1rtillltlll� ll! 111l $1:61 102595.02-M-1540 co ._o ru D m ru 1=1 7005 1160 U.S. Postal ServiceT,, CERTIFIED MAILir., RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required} Total Postage & Fees $ 0.39 40 1.85 4.64 UNIT ID: 0538 Postmark Here Clerk: HUM 03/02/06 Sent To etreK Apt. o.; or PO Box No. cot,z_q 66at gala Oily, State, Z1P+4 PO we:09 PS Form 3800. June 2002 See Reverse for instructions