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Home My WebLink About1.0 Application..Ar.:ATTLEMENT MESA ~Service Association Location And Extent Permit Turkey Trail Park/ 8935 County Road 300 -----------crbe Colorado Dream -----~----- 401 Arroyo Drive · Battlement Mesa, Colorado 81635 f"HONU 970.285.9432 ""x : 970.285.9631 EMAIL: BMSA@BattlementMesaColorado.com wn: www.BattlementMesaColorado.com cG Garfield County I I liAND USE CHANGE PERMlt Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com TYPE OF APPLICATION D Administrative Review D limited Impact Review D Major Impact Review D Amendments to an Approved LUCP OUR DMIR OsuP 0 Minor Temporary Housing Facility 0 Vacation of a County Road/Public ROW • Location and Extent Review D Comprehensive Plan Amendment D Pipeline Development APPLICATION FORM 0 Development in lOO·Year Floodplain 0 Development in 100-Year Floodplain Variance 0 Code Text Amendment 0 Rezoning D Zone DistrictD PUD D PUD Amendment 0 Administrative Interpretation 0 Appeal of Administrative Interpretation 0 Areas and Activities of State Interest D Accommodation Pursuant to Fair Housing Act 0 Variance D Time Extension (also check type of original application) I INVOLVED PARTIES ' Owner/Apollcant Name: Bn\tlPEPnt Mesa Serv;ce Assoc Phone: ( 970 ) 285-9432 MailingAddress: 401 Arroyo Drive City: Battlement Mesa State: CO Zip code: __ 8_1_6_3_5 ___ _ E-mail: __ s_r_i_· P_P_Y_@_bmm __ e_t_r_o_._c_o_m ___________________ _ Representative (Authorization Required) Name: Steve Rippy (Association MailingAddress: 401 Arroyo Drive Manager) Phone: ( 970 ) 285-9432 City: __ B_a_t_t_l_e_m_e_n_t_M_e_s_a ______ state: _c_o __ Zip Code: 8163 5 E-mail: srippy@bmetro.com PROJECT NAME AND LOCATION Project Name: Turkey Trail Park Assessor's Parcel Number: _ _1_407 _ -_QJ_!__-_QL -_007 _ Physical/StreetAddress: 8935 County Road 300 legal Description: Lot A, Tract A, Green Subdivis i on, Section 7, Township 7 S., Range 95 W. Zone District: Rural (R) Property Size (acres): 2 . 6 Ac . PROJECT DESCRIPTION Existing Use: __ ___;,V...;:;a;;..;:c;;..;:a""n"'"t"'-L=a-..n_,d.__ ____________________ _ Proposed use (From Use Table 3 -40l): Pub lie I Institutional (Park) Description of Project: --------------------------- REQUEST FOR WAIVERS Submission Requ irements D The Applicant requesting a Waiver of Submission Requ irements per Section 4-202. list: Section : Section : Section : Section : Waiver of Standards D The Applicant is requesting a Waiver of Standards per Section 4 -118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached Information which is o the best of my knowledge. c;-8_-/~ Date OFFICIAL USE ONLY File Number: ____ • ___ _ Fee Paid:$ ___________ _ Turkey Trail Park I 8935 CR 300 Project Description The Battlement Mesa Service Association (BMSA) is requesting a Location and Extent Review to construct park improvements on a 2.6 acre parcel ofland owned by the BMSA. The BMSA is the master homeowners association for Battlement Mesa. The parcel was purchased by the BMSA in 2012 and at the time of purchase the property was improved with a l 940's dilapidated residence and several outbuildings. A demolition permit was secured through Garfield County and the residence and outbuildings were razed in late 2012. In 2013 the BMSA had a topographic survey and engineered drainage plan completed and a grading permit were issued by Garfield County. That same year grading was completed and temporary irrigation installed utilizing an existing water tap from the Town of Parachute. The parcel was hydro seeded with native grasses to provide an aesthetically pleasing open space property. In 2014 the BMSA committed to improve the land with a passive park design to provide residents additional park opportunities by submitting and receiving an Associated Governments of Northwest Colorado grant to create a park design for the parcel. Landscape architects, Ciavonne, Roberts & Associates, Inc. were contracted to work with BMSA Parks and Open Space Committee members and a design plan was completed in 2015. In the 2016 budget the BMSA approved funding for developing the park as depicted on the plan. As detailed on the park design plan, included as part of this submittal, the proposed park provides modest amenities for passive use of the property as a stopping or resting point for pedestrians/cyclist that use the adjacent trail system connecting Battlement Mesa and the Town of Parachute. In addition the park can provide a destination point for individuals or small groups to sit and enjoy the scenery or a starting point for pedestrians/cyclist that want to enjoy the Battlement Mesa trail system. Ownership The subject property is owned and maintained by the Battlement Mesa Service Association. Please see attached copy of Special Warranty Deed. Turkey Trail Park I 8935 CR 300 Legal Description for the Property Lot A, Tract A of the Green Subdivision, More particularly described as: All that certain parcel of land situated in the County of Garfield, State of Colorado being known and designated as follows; A portion of Lot 6, Section 7, Township 7 South, Range 95 West, 61h Principal Meridian, described as follows: Beginning at a point whence the W ~ comer of said section 7 bears S. 82 degrees 58' W. 3513.85 feet; thence S. 66 degrees 51' W. 540.25 feet; Thence S. 68 degrees 32' E. 196.43 feet; Thence S. 63 degrees 59' E. 80.40 feet; Thence S. 42 degrees 49' E. 111.23 feet; Thence N. 88 degrees 36' E. 166.10 feet; Thence N. 397.09 feet to the point of beginning. Site Plan Please see attached Site Plan. General Statements and Supporting Information We believe this land use request to be in general compliance with the Garfield County Comprehensive Plan and provide the following comments. Growth In Unincorporated Communities Battlement Mesa is a 3200 acre Planned Unit Development that currently houses approximately 5,000 residents. The community is specifically identified in the comprehensive plan as "one of the existing unincorporated communities with urban infrastructure and services" and further states "Recreation and other public amenities are provided." As an unincorporated community the BMSA, and its elected delegates, serves as the governing body for residents by providing trail system development and maintenance, park development and maintenance, right-of-way landscape improvements and mowing maintenance, street lighting, trash service, etc. As the governing body they are tasked with providing Battlement Mesa residents with park and recreational amenities. Development of a park on this parcel is compatible with the existing zoning as the Garfield County Rural Zone District provides for recreational development. Turkey Trail Park I 8935 CR 300 Urban Growth Areas and Intergovernmental Coordination The subject parcel lies adjacent to the boundaries of the Battlement Mesa POD and is also located directly across the street from the Parachute town limits providing the opportunity to be used by residents of both communities. The SMSA has worked to provide park and trail amenities for community members as well as complete collaborative projects, such as the Library Trail, with the Town of Parachute and Garfield County. The Library Trail borders the entire southern boundary of the subject property and provides convenient pedestrian/cyclist access for both communities. Transportation The subject property is a triangular shaped parcel with the most western point attached to the intersection of County Roads 300 and 305. County Road 300 boarders the parcel on the western boundary and County Road 305 borders on the southern boundary. The park design incorporates the existing access point off of County Road 305. 305 Road is a dead end street approximately 460' in length that is gated at the entrance to the John Lyons property. The street surface is asphalt with 22' road surface and concrete curb and gutter. The street currently provides access to 5 residences with 4 separate driveway accesses including the Turkey Trail Park. Due to the passive design of the park and limited parking it is not anticipated that the development of the park will provide any significant increase to traffic on the street. Economics, Employment and Tourism The Battlement Mesa community has long been a central point location for boom and bust cycles associated with energy development. In recognizing that the energy industry will continue to be a major factor in driving the economy and employment community leaders also recognize the value of diversification. Recreation is and will continue to be a leading economic factor in western Colorado as well as a desirable outlet for those looking for a healthy lifestyle. In recognizing the benefits ofrecreation for its residents, as well as enhancing the desirability of the community, the SMSA repaved 5 miles of its existing trails in the past 3 years as well as collaborated with Garfield County and the Town to construct a connecting trail (Library Trail) to the Town of Parachute. Turkey Trail Park I 8935 CR 300 Recreation, Open Space and Trails Community leaders and residents recognize the need for additional park amenities within Battlement Mesa. Although blessed with wonderful recreational amenities such as the recreation center and golf course the community as a whole is underserved by public parks and amenities. The development of the Turkey Trail Park, although limited in amenities, is another piece of the recreational opportunities the BMSA is looking to develop to enhance its 6 miles of trails throughout Battlement Mesa. Water and Sewer Service Potable water is provided to the site by way of a water service tap from the Town of Parachute. Sewer service is not proposed for the property as no public bathrooms are planned. Site Grading and Drainage Limited site grading and drainage work is being proposed as much of the grading/drainage work was completed under the previous grading permit. Offsfte Impacts A potential offsite impact is increased vehicular traffic although, as mentioned earlier, we believe the impact will be minor due to the passive design and limited parking space. Another potential offsite impact that comes from parks located in residential settings is noise from activities associated with use of the park amenities. Once again we believe the passive design and limited amenities along with half of the property remaining as natural open space mitigates most of this impact. A-St4.fa f'tp.u. u an( Stuart S. McArthur, Town Manager foturnt•; • ~sput • TtM1'.1vPTk. • J'n~e • Itrn<7vA.ticm • Pivmit11 222 Gr a nd Vallev Way• Parachute , CO 81635 • (970) 285 -7630 June 15, 2016 Mr. Glenn Hartmann Senior Planner Garfield County Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE : Turkey Trail Park/ 8935 CR 300 Dear Mr. Hartmann. The Town of Parachute Is aware and supportive of the Battlement Mesa Service Association's plans to develop a park on the referenced property. The park's location adjacent to the Library Trail, serving both of our communities, provides benefit to users of the trail as well as residents of the communities . Town Manager SS Mc cG Garfield County STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-172, the undersigned executes this Statement of Authority on behalf of Battlement Mesa Service , a Nonprofit Corporation (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is Battlement Mesa Service Association and is formed under the laws of Colorado Nonprofit Corporation Act The mailing address for the Entity is _4_0_l_A_r_r_o ........ y_o_D_r_i_v_e ____________ _ Battlement Mesa, CD 81635 The name and/or position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is Steve Rippy The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows (if no limitations, insert "None"): ___ N_o_n_e ________ _ Other matters concerning the manner in whic:h the Entity deals with any interest in real property are (if no other matter, leave this section blank):-------------------- EXECUTED this 'l day of ~~~· ~=------'' 20 //a Signature: ~ ~AA.. Name (printed): uC ~ Title (if any): ~;:::: STATEOF a,f t2(ado ) COUNTY OF Gi <.field )S~. The foregoini instrument was acknowledged before me this _9_ day of Tu. t) C . 20.&_ bKJ = b : ~&!:P*t , . on behalf of .&!Herud ltlt sg &'etuict tlsscc .. a 011 Q,fi 0-11 . !kuJrtw Witness my hand and official sz al. I My commission expires: JI /oJ 9 I (D ~te) [SEAL} (Notary Public) AMI! L. MARTIN NOTARY PUBLIC STATE OF COLORADO u .• NOTARY 10 #20074027139 . ....,. Cammlaslon Expires July 13. 2019 June 8, 2016 Mr. Glenn Hartmann Senior Planner Garfield County Community Development 108 8111 Street, Suite 401 Glenwood Springs, CO 81601 RE: Turkey Trail Park / 8935 CR 300 Dear Glenn, MESA The purpose of this letter is to provide authorization on behalf of the Battlement Mesa Service Association for Steve Rippy, Association Manager, to represent the BMSA, on all aspects of the Land Use application submittal to the Garfield County Community Development Department. ~'3t Sara Mccurdy ~ President Battlement Mesa Service Association -~---------'The Colorado Dream -------~--~ 401 Arroyo Drive · Battlement Mesa, Colorado 81635 ~t.10N1:~ 970.285.9432 l'Ax: 970.285.9631 EMAIL: BMSA@BattlementMesaColorado.com wn; www.BattlementMesaColorado.com cG Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT")----------- __ ___...B...,a._.t_,t.._l._.e_.m.,,..e._p.....,t......,.M .... e .... s .... aL.....J,S ..... e ..... r.._v.._1 .... • c......,e ....... A..,.s""'s...,.o ..... c..,.i ... a .... t.._1 ... • o .... n......_ _______ agree as follows: 1. The Applicant has submitted to the County an application for the following Project: __ _ 8935 County Road 300 I Turkey Trail Park 2 . The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee . If actual recorded costs exceed the initial Base Fee , the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person:. ___ S_t_ev_e_R_i..._p..._p.._Y ______ Phone: ( 9 7 0 ) 285 -9 4 3 2 BillingContactAddress: ___ 4_0_l_~_r_r_o_y_o __ D_r_i_v_e ________________ ~ ,., City: Battlement Mesa State: CO Zip Code: _8=1=-6=3=-=5~--- Billing Contact Email: srippy@bnnnetro.com Printed Name of Person Authorized to Sign: ___ S_t_e_v_e_R_i...._P .... P .... Y ____________ _ . G;-8-/<e (Date) 825498 1011212012 12:44:29 PM Page 1 of J Jean Alberico, Garfield County, Colorado Rec Fee: $21 .00 Doc Fee: $4.50 eRecorded (SPACE ABOVE TIDS LINE FOR RECORDER'S USE) AFTER. RECORDING MAIL TO: CIUCAGO TITLE <l ~q ~ 4) i 1 SERVICE LINK DMSION 4000 INDUSTRIAL BLVD. ALIQUIPPA, PA 15001 I d r.. A , ~e. o-r • · ut> <..: O(..ur.... t f'\ ~ "-"\. SPECIAL WARRANTY DEED DOCUMENT TITLE 825496 10/1212012 12:44:29 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $4.50 eRecorded rr--. c.,, l -\-<c..11 .I +C\..~M-tA-' ( """" Afte1 lteeotding R:ctttR; Te: BATTLEMENT MESA SERVICE ASSOCIATION 8935 COUNTY ROAD 300 PARACHUTE, CO 81635 Commitmenl Nwnber: 2964277 Seller's Loan Number: 959930 PROPERTY APPRAISAL (TAX/ APN) PARCEL IDENTIFICATION NUMBER 240707103007 SPECIAL WARRANTY DEED Federal Home Loan Mortgage Corporation, whose mailing address is 5000 Plano Parkway, Carrollton, Texas 75010, hereinafter grantor, for $45,000.00 (Forty.Five Thousand Dol1ars and no Cents) in consideration paid, sells and conveys with covenants and will only warrant the title against all persons claiming under the Grantor(s) to BATTLEMENT MESA SERVICE ASSOCIATION, hereinafter grantee, whose tax mailing address is 8935 COUNTY ROAD 300 PARACHUTE, CO 81635, the following real property: All that certain parcel of land situated In tbe City or Parachut~ County of Garfield, State of Colorado, being known and designated as follows: A portion of Lot 6, Section 7, Township 7 South, Range 95 West, 6th Principal Meridian, described as follows: Beginning at a point whence the W Y. corner of said section 7 bear S. 82 degrees 58' W. 3513.85 feet; thence S. 66 degrees St' W. 540.25 feet; Thence S. 68 degrees 32' E. 196.43 feet; Thence S. 63 degrees 59' E. 80.40 feet; Thence S. 42 degrees 49' E. 111.23 feet; Thence N. 88 degrees 36' E. 166.10 feet; Thence N. 397.09 feet to the point of beginning. Less and Except that portion, if any, contained in Order for Default, Entry of Judgment and Decree of Quiet Title recorded February 24, 2000 in Book 1174 at Page 130 as Reception No. 559681. County of Garfield, State of Colorado. Property Address is~ 8935 COUNTY ROAD 300 PARACHUTE, CO 81635 Seller makes no representations or warranties, of any kind or nature whatsoever, whether expressed, implied, implied by law, or otherwise, concerning the condition of the title of the property prior to the date Seller took title to said Property. The real property described above is conveyed subject to the following: All casements, covenants, conditions and restrictions of record; All legal highways; Zoning, building and other laws, ordinances and regulations; Real estate t8'Ces and assessments not yet due and payable; Rights of tenants in possession. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien equity and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behalf of the grantee forever. ~ Prior instrument reference: ~ ~ :'.)">,"" J (LC c;r ·I 4 · ' -::.... The actual consideration for this conveyance is $45,000.00. 82549810/121201212:44:29 PM Page 3 of3 Jean Alberico, Garfield County, Colorado Rec Fee : $21.00 Doc Fee: $4.50 eRecorded Executed by the undersigned on M' r~+ . 2012: Federal Home Loan Mortgage Corporation _,,_.."Bl~~J• its Attorney in Fact. ~ Print Name: Cherri Springer ~ \l-n-f ______ .....__..____ ~ A Power of Attorney relating to the above described property was recorded on 04/0212010 at Reception Number : 784193 . STATE OF D.r:l COUNTY OF ~Je.f J The foregoing instrument was acknowledged before me on l Q -J , 2012 by CtJerri Sprinoer fl VP of ServiceLiok, a Division of Chicago TitJe Insurance Company on behalr of Federal Home Loan Mortgage Corporation as its Attorney io Fact, who is personally known to me or has produced as identification, and funherinorc, the aforementioned person has acknowledged that his/her signature was his/her free and voluntary act for the purposes set forth in this instrument. bC~ ~!!!!~~~~~VANIA~~ Grantee's Name and Address: BA TILEMENT MESA SERVICE ASSOCIATION 8935 COUNTY ROAD 300 PARACHUTE, CO 81635 Send tax statement to grantee This instrument prepared by: Jay A. Rosenberg, Esq ., Rosenberg LPA. Attorneys At Law, 7367A E . Kemper Road, Cincinnati, Ohio 45249 (513) 247-9605 Fax: (866) 611-0170 and Ruth Bundi Dreher, Esq ., Attorney at Law, Member ofthe Colorado Bar. Recording Requested By & ~etum.T~:. Chicago Title ServiceLmk 01v1saon 4000 Industrial Blvd (1. -i ~ "~ > ,..., Aliquippa, PA 1500 l Garfield County Land Explorer Parcel Physical Address OWner Account Malllng Address Num 240707101002 PARACHUTE GRAND VALLEY, TOWN OF R470017 PO BOX 100 PARACHUTE co 81635-0100 240707101003 115 301 COUNTY RD CASTELLANOS. DEICIDALIA CHAIREZ R270059 322 BIRCH COURT SILT CO PARACHUTE 81652 240707101005 300 COUNTY RD JAMES. KAY M & MICHAEL R R270109 930 JASON STREET PARACHUTE CARLSBAD NM 88220-6179 240707101007 300 COUNTY RD BUTLER. ELIZABETH LEE MORRISON-REVOCABLE R270052 7 441 SUGAR BEND DRIVE PARACHUTE LIVING TRUST DATED 6/28/08 ORLANDO FL 32819 240707101008 37 301 COUNTY RD CULP . MARY K R470151 PO BOX 146 SILVERTHORNE PARACHUTE co 80498 240707101010 71 301 COUNTY RD STROTHER. CRAIG L & THERESA R R006179 71 COUNTY ROAD 30 I PARACHUTE PARACHUTE CO 81635 240707101011 77 301 COUNTY RD RIGGS, GREGORY S R006180 77 COUNTY ROAD 301 PARACHUTE PARACHUTE CO 81635 240707102004 8968 300 COUNTY FECK. NORMAN RICHARD & KATERI RENEA R270082 8968 COUNTY ROAD 300 RD PARACHUTE PARACHUTE CO 81635 240707102007 8984 300 COUNTY BAKER. EDWARD & SALLY FAMILY TRUST R760001 PO BOX 284 PARACHUTE RO PARACHUTE co 81635 240707103007 8935 300 COUNTY BATILEMENT MESA SERVICE ASSOCIATION R270108 401 ARROYO DRIVE RD PARACHUTE PARACHUTE CO 81635 240707103016 8904 300 COUNTY CONANT. CHARLES L JR R470139 8904 COUNTY ROAD 300 RD PARACHUTE PARACHUTE CO 81635 240707103017 128 301 COUNTY RD SAPP, STEVEN L & MCCREARY , MARGO R470147 128 COUNTY ROAD 301 PARACHUTE PARACHUTE CO 81635 240707103018 138 300 COUNTY RD SAPP. BERNARD WAYNE & TRACY R470148 PO BOX 204 PARACHUTE PARACHUTE co 81635 240707400001 8930 300 COUNTY LYONS, JOHN FAMILY PARTNERSHIP, LP R270040 8714 COUNTY ROAD 300 RD PARACHUTE PARACHUTE CO 81635 240707400006 8700 300 COUNTY LYONS. JOHN M & JODY J R270444 8700 COUNTY ROAD 300 RD PARACHUTE PARACHUTE CO 81635 240707400010 PARACHUTE LYONS, JOHN FAMILY PARTNERSHIP LP R043902 8711 COUNTY ROAD 300 PARACHUTE CO 81635 999999999999 null null nun nun nua null Turkey Trail Park I 8935 CR 300 Mineral Interest Ownership Research: In reference to severed mineral interests ownership associated with the subject property, Assessor Parcel ID: 2407-071-03-007, I followed the recommended research efforts to identify severed mineral interest ownership. 1. I reviewed the Special Warranty Deed, with the Battlement Mesa Service Association as Gran tor, and found no reservation of mineral interests or exceptions to title on the ownership deed. 2. I sent a request, by email, to Deputy Assessor, Lisa Warder, asking that she review the Assessor records for any mineral ownership associated with parcel No. 2407-071-03-007. Ms. Warder replied, via email, that she had researched the Assessor records and found no records identifying mineral ownership associated with the property. 3. I went to the Assessor's office and with the assistance of County staff, researched and collected deed reception numbers and book and pages associated with the property to use for records research in the Garfield County Clerk's office. 4. I reviewed the Title Policy which identified a 50% reservation of mineral interests recorded on Mar. 3, 1946 at Reception No. 156693. I then went to the County Clerk's Office and researched the records of reception numbers and book and pages as well as the Notice of Mineral Estate Ownership records with the assistance of County staff. I was able to research the records including deeds dating back to 1896, the 1923 patent, 1949 Green Subdivision Plat, 1964, the first transfer of the property after the 1949 subdivision plat, and property transfers from 1964 forward to current. I was unable to find any additional reservations of mineral interest or reservations/transfers associated with the 1946 reservation. Based upon this research I unable to identify any ownership contact information for the 1946 reservation or any other recorded severed mineral interest ownership associated with the subject property. G~9 Steve Rip ~yry Date • Garfield County Community Development Department 108 8th Stree4 Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com TAX PARCEL NUMBER: 2407-071-03-007 PROJECT: Turkey Trail Park DATE: June 2, 2016 OWNERS/APPLICANT: Battlement Mesa Service Association REPRESENTATIVE: Steve Rippy, Administrator/Manager PRACTICAL LOCATION: 8935 County Road 300 (aka Battlement Parkway), just west of and adjacent to the Battlement Mesa PUD, east of the Town of Parachute. ZONING: Rural TYPE OF APPLICATION: Location and Extent COMPREHENSIVE PLAN: Future Land Use Designation RH , Residential High (see attached excerpts) I. GENERAL PROJECT DESCRIPTION The applicant is proposing the creation of a new public park, known as the Turkey Trail Park just north of the Battlement Mesa PUD . The park is approximately 2.6 acres in size and is located at the intersection of County Roads 300 and 305. It previously was a residential property but since being acquired by the Battlement Mesa Service Association the residential buildings have been removed and the site is currently vacant. The proposed park will include landscaping, pathways. sitting benches, a shade shelter, and similar features. A drinking fountain may be provided and would be served by the Parachute public water system. No permanent sanitation facilities are proposed, however, portable toilets may be provided in the future as demand warrants. Landscaping will include a combination of existing trees, shade trees, native grasses and shrubs. and some areas of turf. Parking for approximately 10 cars will be provided with access coming off of County Road 305 in the general location of the previous private driveway. Zoning for the property is rural and a park is a permitted use in that zone. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code as amended • Location and Extent Review, Section 4-111, including Review Process and Review Criteria • Review Criteria pursuant to Section 4-111 (C), "The Planning Commission shall determine whether the project is in general conformance with the Comprehensive Plan" • Table 4-102, Common Review Procedures and Required Notice • Section 4-101 Common Review Procedures • Table 4-201, Application Submittal Requirements • Section 4-203 Description of Submittal Requirements Ill. LOCATION AND EXTENT REVIEW PROCESS 1. Pre-application Conference. 2. Application. 3. Determination of Completeness. 4. Schedule Planning Commission Public Hearing 5. Ten additional hard copies of the Application are provided for the Planning Commission 6. Public notice, pasting, mailing, and publication (at least 7 days but not mare than 30 days prior ta the hearing). 7. Evaluation by Director/Slaff Review -preparation of a Staff Report 8. Review by the Planning Commission resulting in approval or denial 9 . A denial may be appealed in accordance with Section 4-111(8)(2) and the Colorado Revised Statues 10. The Planning Commission's action will be documented by resolution and may include conditions of approval. IV. SUBMITTAL REQUIREMENTS Table 4-201 lists General Application Materials and Site Plan, Section 4·203 (D) as required submittals. These application materials are generally summarized below: • Application Form • Ownership Documentation (deed) • Statement of Authority or Letter of Authorization, as necessary • No Application Fee is requ ired • Payment Agreement Form -for staff time and materials or outside consultants • Copy of the Pre-Application Conference Summary • Vicinity Map • Names and addresses of all property owners within 200 feet of the property and mineral rights owners on the subject. A description of the research done to determine mineral rights owners should be provided (see attached memo). 2 • Site Plan showing the basic plan and features for the park. The site plan should include signiftcant features including general topography, ditches, drainage swales, easements, existing and proposed infrastructure and utilities. • Narrative description of the park plan. • Statement addressing how the project meets the Review Criteria in Section 4- 111.C, general conformance with the Comprehensive Plan 2030. Should include references to relevant sections, goals and objectives of the Comprehensive Plan The initial Application submittal needs to include 3 hard copies of the entire Application and 1 digital PDF Copy of the entire Application (on a CD or USB Stick). Both the paper and digital copies should be split into Individual sections. Please refer to the pre-application summary for subm ittal requirements that are appropriate for your Application . Once determined to be complete additional hard copies for the Planning Commission members will be needed . The exact number needed will be provided by Staff but typically 10 additional copies are required. V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: ..!_ Planning Commission _Board of County Commissioners _ Board of Adjustment c . Referral Agencies: May include but is not limited to Garfield County Consulting Engineer, Fire Protection District, Adjacent Homeowners Association, Battlement Mesa Company, Battlement Mesa Parks and Recreation District, Town of Parachute. VI. APPLICATION REVIEW FEES a. Planning Review Fees: Staff time and materials b. Referral Agency Fees: $ TBD -consulting engineer review fees c. Tota] Deposit: Staff time and materials General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to detennine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body (Planning Commission). 3 Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a period of 6 months after which an update should be requested . Pre-applicatJon Summary Prepared by: Glenn Hartmann, Senior Planner Date 4 Garfield Co1111ty Location and Extent Review Process (Section 4+ 111) Step 1: Pre-application Conference ·~v be waived by 011-eclllr •Appl/ant has 6 months to submit 1ppllcatlon ........ Step 3: Completeness Review •10buslneu dllVS 111 r11vfew •If Incomplete, 60 diys to remedy deficiencies - - - - - - Step 4: Schedule He;iring Date aml Provide Notice -- •Publlsh11:d, posted and malled to adjacent property owners within 200 feet and mineral ownerut least7days but no moretmn 30d1ys prior to dedsfon date -- Step G: fvalution hy D1rector ---•11•l 1..i•a.• •Ill s I .. . ... TO: FROM: DATE: RE: eld Cou'f#Y MEMORANDUM Staff County Attorney's Office June 24, 2014 Mineral lntmst Research Mineral interests may be severed from surface: risht interests in real property. Colorado revised statute 24-6S.S-103 requires notification lo mineral owners when a landowner applies for a land use designation by a local covemmenL As such, the landowner must research the current owners or mineral interests for the properly. ~ Oarficld County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(J)(b)(4) requires written notice to owners of mineral interests in the: subject property "os such owners can be identified lluough lhe n:cords in the office of the Cleik and Recorder or Assessor, or through other means." It is the duay of the applicant to notify minernl intcn:st owners. The following is a suggested process to research mineral inte~ 1. Review lhc current ownership deed for the property (i.e. Warranty Deed, Spcc:ial Wananty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The ownership deed is usually one or two paics. Is there a reservation of mincrul interests on the ownership deed? An: there any exceptions to title? A deed may include a list of reservations that n:f erence m1ncral owners or oil and gas leases. 2. Review your litle insurance policy. An: there exceptions to title listed under Schedule B· II? If so, review for mineral lnlcresls that wen: reserved and oil and gas leases. 3. Check wilh the Assessor's office lo detennine if a mineral inlercsl bas been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There iue only a limited nwnber of mineral owncr.t who have provided such lnf ormalion to lhe Assessor's office so lhis may not provide uy infonnation, dcpeuding: on your property. 6 'MEMO June 24, 2014 Page2 4. Research the legal description or the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject propcl1y. You may lind deeds for mineral interesl5 for the subject propcny. S. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you fand mineral interest owners as reservations on your deed, listed in your title iDSW11Dce policy, from the Assessor's ~ords or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name: of the mineral interest owner as the Orantor in the Clerk and Recorder's computer to see if the mineral intcrc.sl was tmnsferred. If you find a transfer deed, you need lo repeal this process to follow uny transfer of the mincnl interest to present day. 8. Include n descriplion of your rese:irch precess in your Dppllcation and the name(s) and oddress(cs) of the current mineral interest owncr(s). Mineral Interest r~h can be a difficult and lime consuming process. If you ore unable lo determine mineral rights o\\llership by yourself, consider hiring an anomcy or landmon. Attorneys and landmen specialize in delcrminini mineral riG}lts ownership, but they charge a fee ror their services. 7 GARFIELD COUNTY COMPREHENSIVE PLAN 2030 EXCERPT FROM FUTURE LAND USE MAP BATILEMENT MESA-PARACHUTE AREA 8 Fa tare Land Use Map Ca .. field County Comp .. ehensive Plan 2030 as Amended N Gt9•1111•11y Tr.Jll -UrtJ1111 Gro.rrtr Mio * RllQI0111ll E.nlpk>yme<~ CMlle< a RoodrJOlll CJ /ndlJS/liol ~ SpoDllJ'ut»c Lotld -UrtdU:f * ~ Co1:tm1~011E~m.nt ~ TOl\nCfllll« c:::J Uo~ctCommunil)' D RH H (113 TO <1 Aeitlul' -!) RUfll EmrJO'lf7lllnl Cfllltw ti,,~ Wotor .tS.-Sllt\'ICtA,.11 [ Rn AIH a to <O~I· (f a N•O ol lnlluflllC8 (:l ml•:J RH Al(ll 10 CIOkit>I•/ ~C.lllft Rn I. flO• Ac.1>ul Rt:Oln9 PtoducltOtl!NOJinJ ... ' " . • ' . 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Go og le earth feet:r---------------300 meters 100 201t./ Google Maps co Rd 300 Parachute, Colorado Street View -Sep 2012 !!~li: - Google Maps Bat MesaO 4 .~ -~ Image capture: Sep 201 2 ~ 2016 Google Go ogle earth feet-----------------10 ~~~ 3 9/201e:L G o ogle earth feet:~--------------10 ~~~ 3 9/z,o~ -. ....... ... I ALCOVE WJUMIT~g t - PLANTING> ... I ... I __- I I RE-LOCATED 6ATTLEMENT MESA DEVELOPMENT SIGN ... _..,,.... _t ... -_..,,.... ... I -... UTILITY ___ _!--PEDESTALS I I I I I I I I I I TREE 'SURROUND' 6ENCH I WITH flAG5TONE PAVERS / ,. ,. ,. / ~"" , ~ , .-{"ARl\ING FOR I 0 CARS . , / ,. ,. " (ONE ADA) ,. / INFORMAL 60ULDER RETAIN~NG ,. ... _..,,....6~NCH , I ,, / , ,, / POTENTIAL FOR FARMERS MARF..ET VENDORS /// ,V / ,, , , / ,. , / TURKEY TRAIL PARK MASTER PLAN 8-17-15 NATIVE GRASSES ·v - I I ..,.__ ,t ,' ,, »'1.../~.·r. IBARR.IER TO ADJAC~NT : PROPERTIES WITH 1 SMALL WALL AND t LIMITED PLANTINGS COMPA55 ROSE INTERPRETIVE SIGN 1 ALCOVE W/LIMITED J PLANTINGS ~ RESTING APJ!A WITH BEN H ANO RETAINING WALL 1 ~~·,,. • .._.~;:a-Jr_ SHELTER AND TABLES {Ar -.... ,r I ALCOVE WJUMITED PLANTINGS ~,.. ______ l __ ·~-. -•:.•;:.. .~ OPTIONAL TRAIL CONNECTION TO UB!tA.RY TRAIL LEGEND 0 PROP05fD SHADf TRff 8 "'STING TRf• @ ORNAMfNTAL rue t~I MULCH AND 5HIW6 .• · . MA551NG5 ~. • 1 =:m1 CONCWE 1 · 'J NATIVI! SEED (IRRJGATfD TO · ' E5TAeU5H ANO PERIODIC I WATERING) e oe &>ULDfRS ~ TA8L.f5 crORTAelf) GROUP CONSENSUS AND CRA DESIGN NOTES: -PARKING FOR I 0 CARS -EXTENDED TRAIL TO TOP OF HILL -LABYRINTH -PEA GRAVEL PATHS WITH DECOMPOSED GRANITE FILL -HALF TREE BENCH -SCATTER INTERPRETIVE SIGNS -HILLSIDE BOULDERS AT ALCOVE LOCATIONS, IN-BETWEEN EXTENSIVE AND LIMITED BOULDERS -DRINKING FOUNTAIN WITH DOG DISH -MULTIPLE INTERPRETIVE SIGNS -NO FENCE -ROCK THEME IN ALCOVES, SHELTER BASES, SIGN BASES, DRINKING FOUNTAIN, UNDER BENCHES, AROUND TREE NOtml h....rL__j--i ~ u.NO PU.NNINGANO v.NOSCAPE ARCHITECTURE mH 1111smar -.uc;r1c•ull)11sn ---,,.,.,47.,IPI •-•~""1 =--~t ,.,..... 2 ~ DRINKING FOUNTAIN SHELTER WITH STONE LABYRINTH STONEWALL COMPASS ROSE INTERPRETIVE SIGNS CA\IOHHI!, ll08ERTS & ASSOCIATES, INC:. I.MO l'l.N#W«J AND LANDSCAPE ARCHTTECTIJllE mHT71flmlUT-.ucmc>lQOft'°f ----14'4'f't _,_,,,,,