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HomeMy WebLinkAbout5.0 PC Staff Report 07.14.2010Exhibits — Combined Preliminary Plan and Final Plat of the Seaton Subdivision — CPPF 6257 Planning Commission Public Hearing (7/14/2010) Exhibit Letter (A to Z) Exhibit A Proof of Publication, Posting, and Mailing B Garfield County Unified. Land Use Resolution of 2008, as amended C Garfield County Comprehensive Plan of 2000, as amended D Application E Staff Memorandum 1? Staff Powerpo int G Email from Dan Roussin, Colorado Department of Transportation, dated May 26, 2010 H Memo from Jake Mall, Garfield Coun Road and Bride, dated June 1, 2010 1 Email from Jim Rada, Garfield County Public Health, dated June 10, 2010 J Letter from Ron Biggers, Glenwood Springs Fire Department, dated June 14, 2010 K Email from Steve Anthony, Garfield County Weed Management, dated June 15, 2010 L Letter from Garfield County Development Engineer, dated June 15, 2010 M Letter from Karen A. Berry, Colorado Geological Survey, dated June 16, 2010 N Letter from Craig M. Lis, Division of Water Resources, dated June 29, 2010 0 Memo from Scott Aibner, Garfield County�r Surveyor, dated July 7, 2010 )17 ).j-1 '71-e,-4-�'� r - d t -7 / .%_,)- /t ,o (.?r U ori PC July 14, 2010 TV PROJECT INFORMATION AND STAFF COMMENTS REQUEST Combined Preliminary Plan and Final Plat for CPPF 6257 Seaton Subdivision APPLICANT / OWNER Don and Nanette Seaton REPRESENTATIVE/ENGINEER Deric Walter/Boundaries Unlimited, Inc. LOCATION Adjacent and west of CR 117 and north of CR 125 (Dry Park Road) PROPERTY SIZE 13.22 acres WATER Shared Well SEWER Individual Sewage Disposal System ACCESS County Road 117 EXISTING ZONING Rural L GENERAL PROJECT INFORMATION This Application, a "Combined Preliminary Plan and Final Plat", is for a two lot subdivision. The 13.22 acre site is located south of Glenwood Springs on County Road 117 just north of the CR 117/CR 125 intersection shown on the vicinity map below. The property owner proposes to divide his 13.22 acre parcel into two lots with Lot 2 at 4.448 acres and the remainder, Lot 1 containing 8.609 acres. There is an existing single family home on Lot 1 and an approved Accessory Dwelling Unit (ADU) on Lot 2 which would become a primary residence if the Combined Preliminary and Final Plat are approved. Resolution 2003-05 for the approved ADU is attached in the application as Exhibit E. The ADU is adjacent to CR 117 and located in an upper story of a barn. The drive access crosses Four Mile Creek leading to the single family residence on the proposed Lot 1. The application shows an additional "Tract A" as a dedication to Garfield County for CR 149 (Chelyn Road). The applicant proposes a shared well for the water system which is currently in place and operating along with separate and existing Individual Sewage Disposal Systems. 33 ns.afw 4 SITE A 34 obrh Seo 1 r� ,�4ary Dia,a)rr!A Spi&rurldele Place A. General Property Description The approximately 13.22 acre property is located 4 miles south of Glenwood Springs and north of the CR 117/CR 125 intersection. The site has Four Mile Creek running through the site boundaries with the centerline of the Creek as the dividing line between proposed Lots 1 and 2. A portion of County Road 149, Chelyn Road, is adjacent to the north. Site topography varies from the flood plain of Four Mile Creek to steep hillside along the western portion of Lot 1. The site is currently developed with an existing residential unit and ADU with accessory structures. Lot 1 would have the main residential structure and out building with access from the shared drive and single lane bridge over Four Mile Creek. Lot 2 would be located adjacent to CR 117 with the ADU contained in the upper floor of an existing "barn" structure. Portions of both proposed lots have development constraints due to the flood plain with the 35 foot setback delineated from Four Mile Creek on the proposed plat. The eastern '/2 of the entire parcel contains a mix of pasture and floodplain with adequate building envelopes shown on the plat. Both residential structures currently have water provided by a shared well and separate ISDS system. B. Combined Preliminary Plan and Final Plat The Unified Land Use Resolution of 2008 allows a combined Preliminary Plan/Final Plat review "... if the proposed subdivision has seven (7) parcels or less and development of the lots does not require extensive engineering." There are no required improvements to public facilities. In this process, the Planning Commission forwards a recommendation on the Preliminary Plan to the Board of County Commissioners and the Board reviews 2 the Preliminary Plan and Final Plat simultaneously. The Final Plat mylar is then approved and signed by the Chairman at a later date on a consent agenda of the Board. The proposed preliminary plan, illustrated in the image below, shows the division of a 13.22 acre parcel into two lots. The western lot (Lot 1) is approximately 8.609 acres in area and contains an existing home with outbuildings. A shared driveway provides access and a single lane bridge, located over Four Mile Creek, connects the residence on Lot 1 to the CR 117 access point. Lot 2 is shown at 4.448 acres in area with existing barn and ADU south of the drive and a future building envelope north of the drive. Access to Lot 2 is directly to CR 117 from the shared drive. Finn! Net .._-_.........__ - SEATONSURRDJ7SION ;4 I • • A sniVic MI II. REFERRAL AGENCIES / DEPARTMENTS Staff referred the application to the following State agencies and / or County Departments for their review and comment. Comments received are briefly mentioned below or are more comprehensively incorporated within the appropriate section of this memorandum. Comment letters are attached and labeled as noted. A. City of Glenwood Springs B. Glenwood Springs Fire Protection District (Exhibit J) C. RE -1 School District D. Colorado Division of Water Resources (Exhibit N) E. Colorado Geologic Survey (Exhibit M) F. Colorado Department of Transportation (Exhibit G) G. Colorado Department of Public Health and Environment H. Colorado State Forest Service 1. County Road and Bridge Department (Exhibit II) J. County Vegetation Management (Exhibit K) K. Garfield County Development Engineer (Contract/Exhibit L) L. Garfield County Health Department, Environmental Division (Exhibit I) 3 M. Garfield County Surveyor (Exhibit 0) N. Utility Providers (US West, Holy Cross Electric) 0. Sopris Soil Conservation District III. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The property is located in Study Area 1 of the Garfield County Comprehensive Plan and the proposed division of land is not consistent with the density standards for Study Area 1. The Comprehensive Plan identifies the site as Residential Low/10 acres or greater per dwelling unit. The density constraint is primarily due to the steep slopes located on the western one half of the site, the location of Four Mile Creek flowing through the center of the remaining portion of the site, and the lack of utility service. This proposal is to subdivide the parcel into two lots of 8.609 and 4.448 acres for single-family residential uses. While inconsistent with the Comprehensive Plan, the proposed subdivision does not increase the existing density of residential units on the site if conditioned to restrict approval of any future ADU request. The applicant has not requested approval of Accessory Dwelling Units as part of the Subdivision application and a condition has been added restricting ADU's on this site until such time as the Comprehensive Plan may change to allow increased residential density. This parcel contains a properly permitted primary residence and ADU that were inconsistent with the density standards in place at the time of ADU approval in 2003. The current request to divide the parcel to accommodate the two residential units makes a substantial change in the character of this location within Study Area 1 and the Planning Commission should give consideration to the integrity of the Comprehensive Plan density standards and whether approval of ADU's infer some "back door" to density increases over time. IV. APPLICABLE ZONING REGULATIONS IN THE RURAL ZONE DISTRICT The following is an analysis of the proposed development with the required zoning regulations of the Rural Zoning District. A. Proposed Uses The Applicant proposes dividing 13.22 acres into two lots for an existing single family residence on an 8.609 acre lot and an existing Accessory Dwelling Unit (which will be considered a primary residential unit if approved) of 4.448 acres. The single family residence is a "use by right" in the Rural Zoning District and an ADU is permitted with an administrative review and approval or with approval as part of a preliminary plan and final plat. B. Common Dimensional Requirements Building setbacks within the building envelope on the Preliminary Plan would meet or exceed the requirements of the ULUR (2008). The Rural Zoning District dimensional standards are shown below. 4 ➢ Minimum Lot Size: 2 acres. ➢ Maximum Lot Coverage: 15% ➢ Minimum Setback: Front Yard: (Arterial) 50 feet Front Yard: (Local Street) 25 feet Rear yard: 25 feet Side yard: 10 feet or /2 building height ➢ Maximum Building Height: 25 feet residential, 40 feet non-residential V. APPLICABLE REGULATIONS Subdivision applications are required to adequately address topics in Section 4-502(D) Land Suitability Analysis, Section 4-502(E) Impact Analysis, and the general approval standards for Land Use Change Permits discussed in the first four Divisions of Article 7 Standards; Division 1 General Approval Standards for Land Use Change Permits; Division 2 General Resource Protection Standards; Division 3 Site Planning and Development Standards; Division 4 Subdivision Standards and Design Specifications. The following discussion addresses those standards. A. Section 4-502(E) Land Suitability Analysis: 1. Public Access to Site. Show historic public access to or through the site. 2. Access to adjoining Roadways. Identify access to adjoining roads and site distance and intersection constraints. 3. Easements. Show all easements defining, limiting or allowing use types and access. Staff Comment (For items 1-3): The property has public road access via CR 117 with a shared access road/drive for Lot 1. There are no issues with site access and no access constraints identified. The applicant has adequately demonstrated the adequacy of access to the site. 4. Topography and Slope. Topography and slope determination. Staff Comment: The property is evenly split between low land and slope area. The western '/2 contains slopes up to 30% while the eastern portion contains two relatively flat building areas (with existing structures) and the flood plain for Four Mile Creek. Lot 1 will absorb the entire significant slope but no additional building area is proposed on the steep scopes. Lot 2 shows two building sites located north and south of the existing access road/drive with the southern building envelope containing an existing barn with ADU. The significant slopes are identified in the Garfield County Geographic System and shown below in a USGS topographic map. 5 5. Natural Features. Significant natural features on-site and off- site. Staff Response: The property contains significant slope on the west 1/2 of the proposed Lot 1. Four Mile Creek with associated flood plain divides Lot 1 and Lot 2. 6. Drainage Features. Existing drainages and impoundments, natural and manmade. Staff Comment: Lot 1 drains from the west to east and Lot 2 drains to the west and south. The only significant drainage feature is Four Mile Creek and associated flood plain. 7. Water. Historic irrigation, tailwater issues, water demands, adequate water supply plan pursuant to Section 7-109. Staff Comment: The proposed Combined Preliminary Plan and Final Plat contains and existing primary single family residence and an approved Accessory Dwelling Unit that share a single approved well, located on Lot 1, for residential water demand. No additional demand is anticipated and additional wells are not proposed. There are no historic irrigation water demands identified and no tailwater issues. Well permits are located in Exhibit C of the application. 8. Floodplain. Flood plain and flood fringe delineations. Staff Comment: The Garfield County Geographic Information System does identify the Four Mile Creek flood plain which is delineated on the Plat Map. 9. Soils. Soils determination, percolation constraints, as applicable. Staff Comment: There are two existing and properly permitted on-site ISDS Systems. New ISDS systems are not proposed. 10. Hazards. Geologic hazards on-site, and adjacent to site. Staff Comment: Significant slopes are identified in the Garfield County Geographic System on the western 1/2 of the proposed Lot 1. No additional development is proposed for Lot 1 which contains an existing single family residence and accessory structure. 6 11. Natural Habitat. Existing flora and fauna habitat, wetlands, migration routes. Staff Comment: A Vegetation and Wildlife Assessment report is contained in Exhibit D of the application. The document details the flora and fauna located on the site including a weed management plan. The report indicates that impacts to both flora and fauna can be minimized with good management of native vegetation (page 25). 12. Resource Areas. Protected or Registered Archaeological, cultural, paleontological and historic resource areas. Staff Comrnent: The Application contains a letter (application Exhibit D) prepared by Flattops Archaeological Consultants, dated October 9, 2010, which identifies the Jerome Park Branch of the Colorado Midland Railroad Grade as eligible for inclusion on the National Register of Historic Places. The grade is not identified on the plat though it appears to run southerly along the road right-of-way of CR 117 north of the site and along the ridgeline to the west and partially on the site. There is no proposed site development on the steep slopes and it is recommended that the applicant contact the Colorado State Historic Preservation Office if any artifacts are found. A map showing the railroad grade is shown below. L7[ 1 U L V l l a.tl Cardiff / Red Canyon Beckers Overland 0 Greens f Spur / Q 1.9c 0,9 Cattle Creek Pocahontas Spur CA R a !FF BRANCH C. M_ R Y. -MILE SPUR '`— Sunlight Sunli.ht coal mine Jct. S e4t5 Sp;rr K ggrn Satank Cruj Scipio Brick 0, r Bryant YaIrdValle• Station• Keck MfLE WAGON R C Crystal River Wheeler coat mine Marion Grubbs 'IDV E n- L£AAvrLLE Hooks A A..It_ B. Section 4-502(E) Impact Analysis: The Impact Analysis shall provide a description of the impacts that the proposed land use change may cause, based upon the standards that the proposed use must satisfy. The Impact Analysis shall include a complete description of how the applicant will ensure that impacts will be mitigated and standards will be satisfied. The following information shall be included in the Impact Analysis. 1. Adjacent Property. An address list of real property adjacent to the subject property, and the mailing address for each of the property owners. Staff Comment: The Applicant provided an address list for property owners within 200 feet of the parcel for public notice which is located in Exhibit A of the application. 2. Adjacent Land Use. Existing use of adjacent property and neighboring properties within 1500' radius. Staff Comment: The site is located in an area of rural residential, public lands, and suburban residential development. Public lands are located to the west, the Sunlight View and Lazy Diamond developments are east and northeast, and Chelyn Acres is to the north. Land to the south and south east are rural residential acreage tracts. 3. Site Features. A description of site features such as streams, areas subject to flooding, lakes, high ground water areas, topography, vegetative cover, climatology, and other features that may aid in the evaluation of the proposed development. Staff Comment: The site of the proposed Combined Preliminary and Final Plat contains two major site features; Four Mile Creek and associated wetlands and steep slopes on the western portions of Lot 1. No new development is proposed and the site is currently developed with two residential units. 4. Soil Characteristics. A description of soil characteristics of the site which have a significant influence on the proposed use of the land. Staff Comment: Exhibit B of the application includes a soil study of the site and discusses site limitations on page 9. The site is currently developed and new structures are not shown on the proposed plan. Any future development in the additional building envelope of Lot 2 (north of the access drive) would need to address any site engineering constraints at the time of a building permit application. 5. Geology and Hazard. A description of the geologic characteristics of the area including any potential natural or man-made hazards, and a determination of what effect such factors would have on the proposed use of the land. Staff Comment: The Garfield County GIS maps identify the western portion of Lot 1 as a moderate area of slope hazard. No development is proposed for this portion of Lot 1. The existing residence and accessory buildings have the potential for rockfall damage though the application notes that no rockfall damage had been identified on the developed area of Lot 1. 6. Effect on Existing Water Supply and Adequacy of Supply. Evaluation of the effect of the proposed land use on the capacity of the source of water supply to meet existing and future domestic and agricultural requirements and meeting the adequate water supply requirements of Section 7-104. 8 C. Article 7 Division 1 General Approval Standards for Land Use Change Permits Section 7-101 Compliance with Zone District Use Restrictions Staff Comment: The proposed subdivision complies with the development standards of the Rural Zoning District of the ULUR of 2008 as amended. Section 7-102 Compliance with Comprehensive Plan and Intergovernmental Agreements The property is located in Study Area 1 of the Garfield County Comprehensive Plan and the proposed division of land is not consistent with the density standards for Study Area 1. The Comprehensive Plan identifies the site as Residential Low/10 acres or greater per dwelling unit. The density constraint is primarily due to the steep slopes located on the western one half of the site, the location of Four Mile Creek flowing through the center of the remaining portion of the site, and the lack of utility service. This proposal is to subdivide the parcel into two lots of 8.609 and 4.448 acres for single-family residential uses. While inconsistent with the Comprehensive Plan, the proposed subdivision does not increase the existing density of residential units on the site if conditioned to restrict approval of any future ADU request. The applicant has not requested approval of Accessory Dwelling Units as part of the Subdivision application and a condition has been added restricting ADU's on this site until such time as the Comprehensive Plan may change to allow increased residential density. This parcel contains a properly permitted primary residence and ADU that were inconsistent with the density standards in place at the time of ADU approval in 2003. The current request to divide the parcel to accommodate the two residential units makes a substantial change in the character of this location within Study Area 1 and the Planning Commission should give consideration to the integrity of the Comprehensive Plan density standards and whether approval of ADU's infer some "back door" to density increases over time. Section 7-103 Compatibility Staff Comment: The site is located in an area of rural residential, suburban residential and public lands. The proposed subdivision will cause minimal compatibility impacts. The proposed use meets the requirements of the ULUR of 2008, as amended. Section 7-104 Sufficient Legal and Physical Source of Water Section 7-105 Adequate Water Supply Section 7-106 Adequate Water Distribution and Wastewater Systems Staff Comment: The proposed Combined Preliminary Plan and Final Plat contains and existing primary single family residence and an approved Accessory Dwelling Unit that share a single approved well, located on Lot 1, for residential water demand. No additional demand is anticipated and additional wells are not proposed for this two lot subdivision. Well permits and contracts are in the application Exhibit C. The ULUR requires a test for "quality and quantity" when requesting approval of any Land Use Change Permit. A three hour pump test was a typical requirement of 11 approval for an ADU though Resolution 2003-05 does not list it as a condition nor does the file have a copy of a pump or quality test. The applicant argues (see letter from Leavenworth and Karp in Exhibit C of the application) that a 24 hour pump and water quality test are not required due to the approved well permit and West Divide water contract. The Division of Water Resources does note that a final pump installation report has not been submitted for permit no. 68933-F (with request for an updated permit) with expiration of the permit if the final well test report is not submitted by February 8, 2011 (Exhibit N). To satisfy the ULUR requirements a condition has been added to include a copy of the final well installation pump test report. The Application notes that two Individual Sewage Disposal Systems have been installed to service both residential units. Any new residential structure or enlargement of an existing residance must conform to County ISDS regulations. Section 7-107 Adequate Public Utilities Staff Comment: There are no additional public utilities required for the operation of this site. Section 7-108 Access and Roadways Staff Comment: The property has public road access via CR 117 with a shared access road/drive for Lot 1. There are no issues with site access and no access constraints identified. The applicant has adequately demonstrated the adequacy of access to the site. The property is currently developed with two existing residential units and roadway impact fees are not required for existing units. Section 7-109 No Significant Risk from Natural Hazards Staff Comment: The Garfield County GIS maps identify the western portion of Lot 1 as a moderate area of slope hazard and no development is proposed for this portion of Lot 1. The existing residence and accessory buildings have the potential for rockfall damage though the application notes that no rockfall damage had been identified on the developed area of Lot 1. D. Article 7 Division 2 General Resource Protection Standards Section 7-201 Protection of Agricultural Lands Staff Comment: The subdivision of the site will not adversely affect any surrounding agricultural uses. Section 7-202 Protection of Wildlife Habitat Areas Staff Comment: A Vegetation and Wildlife Assessment report is contained in Exhibit D of the application. The document details the flora and fauna located on the site including a weed management plan. The report indicates that impacts to both flora and fauna can be minimized with good management of native vegetation (page 25) which may improve wildlife habitat. Section 7-203 Protection of Wetlands and Waterbodies I2 Staff Comment: The Garfield County Geographic Information System does identify the Four Mile Creek flood plain which is delineated on the Plat Map with portions of the site located within the 100 year floodplain. The building envelopes shown on the plat map are outside of the Floodplain/Floodway. A Floodplain permit was issued for the private bridge over Four Mile Creek and the primary residence on July 6, 1993 in Resolution 93-056. Section 7-204 Protection of Water Quality from Pollutants Staff Comment: This is a residential development with existing residential structures. No new residences are proposed and there are no impacts to water quality anticipated. Section 7-205 Erosion and Sedimentation Staff Comment: No significant erosion or sedimentation impacts are anticipated from the existing residential development. Section 7-206 Drainage & Section 7-207 Stormwater Run -Off Staff Comment: The site does not appear to affect drainage or stormwater run off patterns. Any small disturbance for a new residential unit or accessory buildings will have minimal impervious surface and any runoff can be contained on-site. Section 7-208 Air Quality Staff Comment: No air emissions or air quality issues are expected for this proposed subdivision. Section 7-209 Areas Subject to Wildfire Hazards Staff Comment: The site is identified as a "Low" to "Moderate" Wildfire Hazard on the Garfield County Wildfire Hazard Map. Section 7-210 Areas Subject to Natural Hazards and Geologic Hazards Staff Comments: The Garfield County GIS maps identify the western portion of Lot 1 as a moderate area of slope hazard. No development is proposed for this portion of Lot 1. The existing residence and accessory buildings have the potential for rockfall damage though the application notes that no rockfall damage had been identified on the developed area of Lot 1. Section 7-211 Areas with Archeological, Paleontological or Historical Importance Staff Comment: The Application contains a letter (application Exhibit D) prepared by Flattops Archaeological Consultants, dated October 9, 2010, which identifies the Jerome Park Branch of the Colorado Midland Railroad Grade as eligible for inclusion on the National Register of Historic Places. The grade is not identified on the plat though it appears to run southerly along the road right-of-way of CR 117 north of the site and along the ridgeline to the west and partially on the site. There is no proposed site development on the steep slopes and it is recommended that the applicant contact the Colorado State Historic Preservation Office if any artifacts are found. 13 Section 7-212 Reclamation Staff Comment: The site is developed and contains two residential structures and out buildings. This section does not apply. E. Article 7 Division 4 Subdivision Standards and Design Specifications Section 7-401 General Subdivision Standards A. Preservation of Natural Features. B. Extensions for Future Development. C. Maintenance of Common Facilities. D. Domestic Animal Control. E. Fireplaces. Staff Comment: A building envelope outside of the Four Mile Creek floodplain will preserve the existing wetlands natural habitat of the Creek. There are no extensions of the roadways for future development. Draft road and water sharing agreements are included in Exhibit E of the application. Standard plat notes will included on the final mylar plat document which includes restrictions on open fireplaces. There is no requirement for domestic animal control. Section 7-402 Subdivision Lots. A. Developable Lots. B. Lots Conform to Code 1. Appropriate for Location. 2. Appropriate for Use. C. Lots Have Access to Public Roadways. D. Side Lot Line Alignment. E. Lots Configuration - Cul -de -Sacs. F. Lot Division by Boundaries, Roads or Easements Prohibited. G. Nonconforming Lots Prohibited. H. Multiple -Unit Family Development Prohibited on Single Parcel of Land. Staff Comment: The proposed Combined Preliminary and Final Plat, as conditioned, meets the requirements of the ULUR. Section 7-403 Fire Protection A. Adequate Access Lanes B. Fire Lanes C. Water Sources for Fire Protection D. Fire Hydrants E. Installation by Applicant F. Maintenance Staff Comment: The subdivision application was send to the Glenwood Springs Fire District on May 24, 2010 with comments received in Exhibit J. Conditions have been added to address Fire District comments. Section 7-404 Survey Monuments. A. Monuments Located Within Streets. 14 B. Setting by Standard Construction Techniques. Staff Comment: The final mylar will meet all survey requirements prior to signature by the Board and recordation. The County Surveyor had no comments (Exhibit 0) Section 7-405 Standards for Public Sites and Open Space A. Dedication of Public Land. B. Final Plat Requirements. C. Amount of Public Land Dedicated. 1. Road Dedications. 2. Park Dedication. 3. School Dedications. D. Payment In Lieu of Dedication of Public Sites. Staff Comment: The site contains two existing residential structures and there is no required dedication of public lands for roadways, parks, or schools nor is any payment in lieu of dedication required. The applicant does show dedication of land for a portion of CR 149 located on the site and labeled "Tract A". A final deed for this segment of roadway will berequired, reviewed by staff, and recorded with the final plat document along with the road and well sharing agreements. VI. 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. That the proposed subdivision of land is not in compliance with the recommended residential densities set forth in the Comprehensive Plan for the unincorporated areas of the County however, the site contains two existing residential structures and a condition has been added to restrict any additional residential units until such time and the Comprehensive Plan is changed. 4. As conditioned, the proposed subdivision of land does conform to the Garfield County Unified Land Use Resolution of 2008, as amended, and does comply with all applicable Development Regulations. 5. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VII. STAFF RECOMMENDATION Staff recommends the Planning Commission forward a recommendation of APPROVAL to the Board of County Commissioners for the proposed Combined Preliminary Plan and Final Plat with the following conditions: /91c1 ii/ /z Via, CA AA dotA 'h• -c s� /1--2 d/ <- c(0,/ 41° A ( .5u/)-(- / 'we -7 f/ ) 1. That all representations made by the Applicant in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Prior to recording the final plat the applicant shall prepare a Deed conveying the proposed "Tract A" of CR 149 (Chelyn Road) to Garfield County. 3. Prior recording the Final Plat the applicant shall submit a copy of the final test report submitted to the Division of Water Resources. The report shall meet all of the requirements of the Department of Water Resources Rule 2 CCR 402-2 (12.2). 4. The applicant shall submit a water quality analysis consistent with the requirements of Section 7-104 (B) (2) (d) of the ULUR prior to recording of the final plat. 5. The following requirements of the Garfield County Road and Bridge Department shall become conditions of approval: A. If a driveway access permit has not been issued for this property a driveway access permit shall be applied for and approved prior to the recording of the Final Plat. 6. The following requirements of the County Vegetation Management Department shall become conditions of approval: A. The Applicant has noted a non -listed, invasive plant on the site and shall implement control and removal of Crown Vetch (Securigeria veria) from the property as part of the Weed Management Plan. B. The noxious weeds shall be treated as soon as possible this growing season. Particular attention should be given to Oxeye Daisy and to Absinth wormwood, this plant has been designated for eradication by the State of Colorado in areas in Garfield County west of the Roaring Fork River. The applicant shall follow the recommendations in their submittal and treat the Crown Vetch. C. The applicant shall verify that weed management is implemented by providing treatment records prior to July 31, 2010. The Applicant shall add the following plat note to the final plat document prior to signature by the Board and recording with the Garfield County Clerk and Recorder: Accessory Dwelling Units are not permitted in conformance with the current Land Use Designation of the Garfield County Comprehensive Plan for the subdivision. Future changes to the Comprehensive Plan may permit additional dwelling units. 9. The following requirements of the Glenwood Springs Fire Department shall become conditions of approval: A. Prior to the construction of additional structures on either lot, plans shall be submitted to Glenwood Springs Fire Department to conduct a wildfire hazard site and building plans review. B. All secured gates on the property shall have a Knox key switch or pad lock installed on them so the fire department can easily open them in an emergency to gain access. A Knox box products application is available from the Glenwood Springs Fire Department.. (7 0/, c 16 VIII. RECOMMENDED MOTION "1 make a motion to recommend approval of the proposed Combined Preliminary Plan and Final Plat of the Seaton Subdivision to the Board of County Commissioners with the recommended findings and conditions." 17 Staff Comment: The proposed Combined Preliminary Plan and Final Plat contains an existing primary single family residence and an approved Accessory Dwelling Unit that share a single approved well, located on Lot 1, for residential water demand. No additional demand is anticipated and additional wells are not proposed for this two lot subdivision. Well permits and contracts are in the application Exhibit C. No pump test or water quality test were included with the application. The ULUR requires a test for "quality and quantity" when requesting approval of any Land Use Change Permit. A pump test was a typical requirement of approval for an ADU though Resolution 2003-05 does not list it as a condition nor does the file have a copy of a pump or quality test. The applicant argues (see letter from Leavenworth and Karp in Exhibit C of the application) that a 24 hour pump and water quality test are not required due to the approved well permit and West Divide water contract. The Division of Water Resources does note that a final pump installation report has not been submitted for permit no. 68933-F (with request for an updated permit) with expiration of the permit if the final well test report is not submitted by February 8, 2011 (Exhibit N). To satisfy the ULUR requirements a condition had been added to include a copy of the final well test report. 7. Effect on Groundwater and Aquifer Recharge Areas. Evaluation of the relationship of the subject parcel to floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal, the slope of the land, the effect of sewage effluents, and the pollution of surface runoff, stream flow and groundwater. Staff Comment: The site is currently developed and contains two residential structures serviced by an existing well on Lot 1 and two separate Individual Sewage Disposal Systems. No additional residences have been proposed and no additional impacts to groundwater or aquifer recharge areas are anticipated. 8. Environmental Effects. Determination of the existing environmental conditions on the parcel to be developed and the effects of development on those conditions, including: a. Determination of the long term and short term effect on flora and fauna. Staff Comment: A Vegetation and Wildlife Assessment report is contained in Exhibit D of the application. The document details the flora and fauna located on the site including a weed management plan. The report indicates that impacts to both flora and fauna can be minimized with good management of native vegetation (page 25). b. Determination of the effect on significant archaeological, cultural, paleontological, historic resources. Staff Comment: The Application contains a letter (application Exhibit D) prepared by Flattops Archaeological Consultants, dated October 9, 2010, which identifies the Jerome Park Branch of the Colorado Midland Railroad Grade as eligible for inclusion on the National Register of Historic Places. The grade is not identified on the plat though it appears to run southerly along the road right-of-way of CR 117 north of the site and along the ridgeline to the west and partially on the site. There is 9 no proposed site development on the steep slopes and it is recommended that the applicant contact the Colorado State Historic Preservation Office if any artifacts are found. c. Determination of the effect on designated environmental resources, including critical wildlife habitat. (I) Impacts on wildlife and domestic animals through creation of hazardous attractions, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions. Staff Comment: A Vegetation and Wildlife Assessment report is contained in Exhibit D of the application. The document details the flora and fauna located on the site including a weed management plan. The report indicates that impacts to both flora and fauna can be minimized with good management of native vegetation (page 25) which may improve wildlife habitat. d. Evaluation of any potential radiation hazard that may have been identified by the State or County Health Departments. Staff Comment: There are no radiation hazards identified for this site. e. Spill Prevention Control and Counter Measures plan, if applicable. Staff Comment: The Application does not include a Spill Prevention, Control and Countermeasure Plan and this standard does not apply to this existing residential use. 9. Traffic. Assessment of traffic impacts based upon a traffic study prepared in compliance with Section 4-502(J). Staff Comment: The property has public road access via CR 117 with a shared access road/drive for Lot 1. There are no issues with site access and no access constraints identified. The applicant has adequately demonstrated the adequacy of access to the site. The existing residential uses will not generate additional traffic beyond two single family residential units. No impact fee is required for this subdivision. A dedication of right-of-way is proposed as "Tract A" on the plat for the existing location of CR 149. 10. Nuisance. Impacts on adjacent land from generation of vapor, dust, smoke, noise, glare or vibration, or other emanations. Staff Comment: This site is an existing rural residential Iot with one existing primary residence and one approved Accessory Dwelling Unit. No additional impacts for vapor, dust, smoke, noise, glare, or vibration are anticipated for the existing residential uses. 11. Reclamation Plan. A reclamation plan consistent with the standards in Section 7- 212 (B). Staff Comment: This section does not apply. The site currently contains two existing residential structures with no additional units proposed. 10 Tom Vel'ic From: Sent: To: Subject: Tom — I have no comments. Thanks Roussin, Daniel[Daniel.Roussin@DOT.STATE.CO.US) Wednesday, May 26, 2010 1:18 PM Tom Veljic Seaton Subdivision Dan Roussin Region 3 Permit Unit Manager 222 South 6th Street, Room 100 Grand Junction, CO 81501 970-683-6284 Office 970-683-6291 Fax 1 GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: May 24, 2010 Comments Due: June 14, 2010 Name of application: Seaton Subdivision Sent to: Garfield County Road & Bridge Department Garfield County requests your comment in review of this project. Please notify the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff Contact: Tom Veljic 109 8th Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County has no objections to this application with the following comments. If a driveway access permit has not been issued for this property a driveway access permit shall be applied for. The driveway access will be accepted as it is. The traffic volume is not an issue for this application. Name of review agency: Garfield County Road and Bridge Department By: Jake B. Mall Date _June 1, 2010 Revised 3/30/00 Tom VeI'ic From: Jim Rada Sent: Thursday, June 10, 2010 3:08 PM To: Tom Veljic Subject: CPPF 6257 - Seaton Subdivision Attachments: Jim Rada (jrada@garfield-county.com).vcf; image001.gif Tom, I have reviewed the referenced application. One question: The applicant states that connection to the public water and sewer systems is not economically feasible yet there is no explanation as to what this means. Other communities that I have worked in have policies that require connection to public water and sewer systems if they are available (usually means within 400 feet of the property line). For properties that have existing ISDS, the sewer connection policy would usually take effect when an existing ISDS fails, or would need to be upgraded or, if additional dwelling units are constructed. All three of these situations could arise on these properties, or at least on lot 2. If a home is planned for the northern part of lot 2 building envelope, care would have to be taken to reserve adequate space for an ISDS, if allowed. Connection to the public water system may not be as easy as just connecting, especially if the homes stay on ISDS. Well permits and augmentation plans may be tied to discharge of wastewater back into the same groundwater system from which it is taken. I believe the sewers in 4 -mile take the wastewater some distance away from this area. If the County has no public utility connection policy then my previous statements are moot and I have no other issues with this application. Thanks for the opportunity to participate in the process. Jim Kala, Kjh5 Environmental Health Manager Garfield County Public Health 195 W 14th Street Rifle, CO 81650 Phone 970-625-5200 x8113 Cell 970-319-1579 Fax 970-625-8304 Email jrada at7,garfield-county,com Web www.garfield-county.com 4000D gpii,,� June 14, 2010 To: Thomas Veljic, Garfield County Planner From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department Re: Comments on file number CPPF 6257, applicant Don and Nanette Seaton, contact Deric Walters/Boundaries Unlimited, location adjacent and west of CR117 and north of CR125 The sections addressed below come from the Garfield County Unified Land Use Resolutions outline that was submitted by the applicant in their application documents. i did not see a published date on these resolutions. Wildfire: Article Vil Division 2 -Resource Protection Standards, Section 7-209 Areas Subject to Wildfire Hazard submitted with the application states this property is not in a sever wildfire hazard area. However, according to the Community Wildfire Protection Plan for the Glenwood Springs Fire District completed by Anchor Point Fire Management Group in April 2004, this property is located in an area that has a very high wildfire danger rating. Therefore, prior to the construction of additional structures on either lot, plans shall be submitted to Glenwood Springs Fire Department to conduct a wildfire hazard site and building plans review prior to construction. Fire Protection Requirements: Article VII, Division 1 -General Standards, Section 7-104, number 5 submitted with the application we agree with, with the following addition: According to the 2009 International Residential Code adopted by Garfield County all one and two family home built on the Tots after January 1, 2013, shall have automatic fire sprinklers installed in them. All gates on the property, if secured, shall have a Knox key switch or pad lock installed on them so the fire department can easily open them in an emergency to gain access. A Knox box products application is available from the Glenwood Springs Fire Department. If you, the applicant, or owners have questions on these comments please contact me. Sincerely, Ronald L. Biggers Deputy Fire Marshal Glenwood Springs Fire Department 970-384-6433 101 WEST 8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506 MEMORANDUM To: Thomas Veljic From: Steve Anthony Re: Comments on the Seaton Subdivision Preliminary Plan Date: June 15, 2010 Thanks for the opportunity to comment on the Preliminary Plan. My comments are as follows: Noxious Weeds • Inventory and mapping -The applicant has provided an inventory and report of county and, state listed noxious weeds. A non -listed, invasive plant, Crown Vetch, (Securigeria veria) is also mentioned; in fact the report recommends the control and/or removal of this plant from the property. • Weed Management Staff recommends that the noxious weeds mentioned in the inventory be treated as soon as possible this growing season. This would help reduce some of the seed spread into future disturbed areas. Particular attention should be given to Oxeye Daisy and to Absinth wormwood, this plant has been designated for eradication by the State of Colorado in areas in Garfield County west of the Roaring Fork River. The applicant should follow the recommendations in their submittal and treat the Crown Vetch. Staff requests that the applicant verify that weed management is implemented by providing treatment records prior to July 31, 2010. The county does provide a cost -share program that can assist with weed control expenses. If the applicant is interested, they may contact this office at 625-8601. Please send treatment records to: Garfield County Vegetation Management POB 426 Rifle CO 81650 June 15, 2010 Mr. Thomas Veljic Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS y" ENGINEERING, INC. CIVIL AND ENVIRONMENTAL CONSULTING AND DESIGN RE: Review of Combined Preliminary and Final Plat for Seaton Subdivision, CPPF 6257 Dear Thomas: This office has performed a review of the documents provided for the combined Preliminary and Final Plat for Seaton Subdivision. The submittal was found to be thorough and well organized. The review generated the following questions, concerns, or continents: 1. Section 7-207 requires that detention be provided for any "new development" within 100 feet of a waterbody and "any other development "creating" 10,000 square feet or more of impervious surface area. Since the application proposes to keep the existing status quo with no construction proposed, detention appears not to be required. However, if ADUs area constructed or existing buildings are remodeled, then detention would be required. On the Plan Map there are disclosures for future development. Storm water detention requirements should be included within these notes. 2. A 24-hour pump test is a requirement of Section 7-104.A.2.a. It addresses the water usage for full build out; which would include the two residences plus the two allowed ADUs. The Application submitted a three hour test stating that a full 24-hour pump test is cost prohibitive. This does not appear to be allowed within the Code. 3. A water quality analysis congruent with the requirements of Section 7-104.B.2.d needs to be submitted by the Applicant. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, Mountai Cross Engi Hale, PE 826 1/2 Grand Avenue • Glenwood Springs, CO 81601 PH: 970.945.5544 • FAX: 970.945.5558 • www.mountaincross-eng.com 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 June 16, 2010 Mr. Thomas Veljic Garfield County PIanning 108 8th Street Glenwood, CO 81601 tveljic@garfield-county.com Re: Deaton Preliminary and Final Plat, CGS GA -10-0006_1 Dear Mr. Veljic: COLORADO inri DEPARTMENT OF NATURAL RESOURCES Bill Ritter Governor Michael King Executive Director Vincent Matthews Division Director and State Geologist Thank you for the submittal of the above referenced proposal. The proposal is to subdivide approximately 13 acres into two single-family parcels. Parcel 1 has an existing residence and Parcel 2 contains some improvements, including a drive and accessory structures. The western half of the site contains very steep slopes, potentially unstable slopes, and rockfall hazards. Rocks, as large as small cars, can be found near the two parcels. These hazards do not appear to impact Parcel 2. However, if additional development occurs on Parcel 1, a detailed geologic hazards analysis should be conducted. Depending on what is proposed, a slope stability and rockfall modeling may be required. The Roaring Fork Valley is known for hydrocompactive soil, a dry low-density material that has the potential to collapse when loaded and wetted. This is reflected in the soils report that appears to have been done for the residence on Parcel 1. Before building permits are issued, a site-specific soils and foundation investigation should be done for Parcel 2. The foundation should be designed accordingly. Mitigation for collapsing soil may include overexcavation, proper moisture -condition, and recompaction. Management of surface and subsurface drainage is critical to prevent post -construction damage from collapsing soils. Information provided in the soils report indicates that parts of the site may have shallow ground water. Areas near Four Mile Creek are likely to be most impacted by seasonally high ground water. This and the possibility of shallow bedrock may restrict the construction of a basement on Parcel 2. In summary, the site does contain some severe geologic hazards; however, these should not greatly impact Parcel 2. If new roads or buildings are anticipated in Parcel 1, it would be prudent to evaluate potential rockfall and slope stability hazards. Overall, the applicant has avoided severe hazards. Please contact me if you have any questions or concerns. I can be reached at 303.866.2018 or by email at karen.berry@state.co.us. Sincerely, Karen A. Berry Geological Engineer, PG, AICP, CPESC-SWQ DEPARTMENT OF NATURAL RESOURCES 0'I DIVISION OF WATER RESOURCES *1; June 29, 2010 Thomas Veljic Garfield County Building and Planning Department 108 8th St., Suite 401 Glenwood Springs, CO 81601 Dear Thomas: Bill Ritter, Jr. Governor Mike King Executive Director Dick Wolfe, P.E. Director/State Engineer Re: Seaton Subdivision Preliminary Pian and Final Plat Section 3, T7S, R89W 6th PM Water Division 5, Water District 38 We have reviewed the above -referenced preliminary plan to subdivide a parcel of approximately 13.156 acres into two residential parcels of approximately 8.609 and 4.448 acres and one tract of approximately 0.099 acres. The applicant proposes to provide water services through one existing. well, the Seaton Well, on proposed Lot 1. The well is operated pursuant to West Divide Water; Conservancy District (District) Contract No. FM030123DNS(a).. Sewage disposal is to be provided through two' individual systems. The Seaton well is operated under Permit No. 68933-F, which was issued pursuant to CRS 37-90-137 (2) for expansion of use from Permit. No. 173988: This well is permitted to serve indoor household purposes for up to two single-family residences and two additional dwelling units, irrigation of up to 35,000 sq. feet of home gardens and lawns, and watering of up to 6 domestic livestock. The ground water to be appropriated shall not exceed 3.823 acre-feet per year. An augmentation plan to offset depletions caused by the pumping of this well has been established through the West Divide Water Conservancy District. Water rights are noted in the land deed; however none are referenced in the subdivision water supply plan. The source of the claimed pumping rate for this well is the Well Completion and Test Report submitted for Permit No. 173988 in 1994. This data does not necessarily reflect the current production rate of the well. Additionally, a Pump Installation and Test Report has not been filed for Permit No. 68933-F. The continuance of Permit No. 68933-F is subject to the submittal of this report no later than February 8, 2011. Submission of the well test required for this report should also be adequate for our review. The applicant should reference 2 CCR 402- 2(12.2) (see attached), Water Well Construction Rules, for requirements pertaining to pump installation and testing. Based on the above, pursuant to CRS 30-28-136(1)(h)(I). the proposed water supply will not cause material injury to decreed water rights. However, due to a lack of information we are unable to comment on the • physical adequacy of the -water supply. As indicated above, we recommend that adequate well tests be performed on the well to be used for the water supply and the results evaluated before this preliminary plan is approved. If you or the applicant has any questions concerning this matter, please contact this office for assistance. Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.water.state.co.us Thomas Veljic Seaton Subdivision Preliminary Plan and Final Plat Sincerely, Craig M. Lis, P. Water Resources Engineer CMLIKAAISeaton Subdiv.docx cc: Alan Martellaro, Division Engineer Brian Romig, District 38 Water Commissioner Attachment: Water Well Construction Rules, 2 CCR 402-2(12.2) June 29, 2010 Page 2 Water Well Construction Rules Effective Date: January 1, 2005 11.10.1 Pump installations and cisterns supplying irrigation water where fertilizers, insecticides, herbicides or other chemicals are injected into the water shall be equipped to prevent well or aquifer contamination. The installation shall comply with Section 35-11-107, C.R.S. and the Rules and Regulations Pertaining to the Administration and Enforcement of the Colorado Chemigation Act, 8 CCR 1203-8 (1993), promulgated by the Department of Agriculture pursuant to the Colorado Chemigation Act, Article 11 of Title 35, C.R.S. The referenced material incorporated into this Rule does not include later amendments to or editions of the incorporated material. 11.10.2 Cisterns shall be equipped with anti -siphon device to prevent backflow or discharge from the cistern. 11.11 Disinfection - After installing a pump or cistern and prior to leaving the well site, persons authorized to install pumps shall disinfect the well, pump, and accessible water supply system according to the Provisions of Rule 15. Monitoring and observation holes/wells, dewatering wells, and recovery wells are exempt from this standard if it conflicts with the purpose of the well. RULE 12 WELL TESTING 12.1 General - The provisions of this Rule establish minimum standards for the testing of water wells. Every well constructed for the purpose of producing ground water shall be tested to determine: a. a stabilized yield for the well; and b. the production rate of the equipment installed when the well is placed into service. 12.2 Well Yield Test - The yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10% during the last hour of the test. The test shall demonstrate that either: a. the well is capable of producing the permitted pumping rate; or b. that the maximum yield of the well is less than the permitted production rate. 12.3 Responsibility for Well Yield Test - Well construction contractors are responsible for performing the well yield test and submitting the test data to the State Engineer. If the construction contractor also installs the production equipment, the well yield test may be combined with the production equipment test, provided that the test meets the requirements of Rule 12.2. The construction contractor may forego the well yield test if he can show that a licensed pump installer will perform the well yield test with the permanent production equipment within thirty (30) days of completion of construction of the well. If the pump installation contractor performs the well yield test, he/she shall submit the test information on the Pump Installation and Test Report. 12.4 Production Equipment Test - The production equipment installed in wells shall be tested to ensure it is functioning as designed. The test shall demonstrate the production capacity of the 37 To: Steven Smith - Boundaries Unlimited From: Scott Aibner — Garfield County Surveyor Subject: Plat Review -- Seaton Subdivision Date: 07/07/2010 Garfield County SURVEYOR SCOTT AIBNER, P.L.S Dear Steven, Upon review of the Seaton Subdivision plat, I have no comments or corrections to be made prior to approval for survey content and form as Follows: Once all final comments from Building and planning have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Building and Planning office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Tom Veljic — Building and Planning Department 109 8 th Street ,Suite 201 • Glenwood Springs, C081601 • (970)945-1377 • Fax: (970)384-3460 • e-mail: saibner@garfield-countycom PROOF OF PUBLIC NOTICE AND CERTIFICATE OF MAILING DON AND NANETTE SEATON I HEREBY AFFIRM THAT Public Notice requirements of Garfield County have been met for the Public Hearing before the Board of County Commissioners to be held on July 14, 2010. In addition, I hereby affirm that on June 4, 2010, a true copy of the attached Public Notice was mailed, by placing the same postage prepaid in the United State Mail, first class, certified return receipt, at Glenwood Springs, Colorado, addressed to all surrounding property owners within 200 feet of the subject property and owners of mineral interests in the property and as shown on the attached list. Attached are: 1. Certificates of Mailing (green cards and return receipts). 2. Proof of Publication from the Rifle Citizen Telegram for the Public Notice published on June 3, 2010. 3. List of names and mailing addresses of all surrounding property owners within 200 feet of subject project and owners of mineral interests in the property. 4. Pictures of the Public Notice sign that was posted at the property on June 7, 2010. Dated this lZ . day of July, 2010. I:\Cfieols\Seaton, Don-4143\Public DearineProof of Public Notice & Cert of Mailing.wpd PUBLIC NOTICE TAKE NOTICE that Don and Nanette Seaton have applied to the Planning Commission, Garfield County, State of Colorado, for a combined Preliminary Plan and Final Plat application for the Seaton Subdivision, a property situated in the County of Garfield, State of Colorado; to -wit: Legal Description: (See attached) Practical Description: The 13.22 acre property is located adjacent and west of County Road 117 and north of County Road 125 (Dry Park Road) in Section 3, Township 7 South, Range 89 West in Garfield County. This Preliminary Plan application requests approval to subdivide the 13.22 acre parcel into two residential lots of 8.609 acres and 4.448 acres, all within the Rural Zoning District. All persons affected by the proposed combined Preliminary Plan and Final Plat 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 401, 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 14th day of July, 2010, at 6:30 P.M. in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado, 81601. Planning Department Garfield County PARCEL A: A parcel of land situated in the W''/2SW 1/4 of Section 3, Township 7 South. Range 89 Nest of the Sixth Principal Meridian, lying Easterly of the Westerly line of said Section 3 and Westerly of the center of Four Mile Creek, said parcel of land is described as follows: Beginning at a point on the Westerly line of said Section 3, whence the Section Corner common to Sections 3,4,9 and 10 in said Township and Range bears: S. 01°01'32" E. 1588,87 feet; thence East 936.78 feet to a point in the center of said Creek; thence S. 17°24'43" W. 53.78 feet along the center of said Creek; thence S. 14°55'37" E. 93.36 feet along the center of said Creek; thence S. 32°18'37" W. 93.14 feet along the center of said Creek; thence S. 01°34'29" W. 33.68 feet along the center of said Creek; thence N. 89°30'00" W. 280.65 feet; thence S. 00°30'00" W. 152.00 feet; thence N. 89°30'00" W. 604.95 feet to a point on the Westerly line of said Section 3; thence N. 01°01'32" N. 398.24 feet along the Westerly line of said Section 3 to the point of beginning. PARCEL 13: A parcel of land situated in the WV2SW1/4 and in the NE1/4SW1/4 of Section 3, Township 7 South. Range 89 West of the Sixth Principal Meridian, lying Westerly of the Westerly right of way line of the Four Mile Creek County Road and Southerly of the Southerly line of the Chelyn Acres Subdivision as platted, said parcel of land is described as follows: Beginning at a point, whence the Section Corner common to Sections 3, 4, 9 and 10 in said Township and Range bears: N. 89°30'00" W. 604.95 feet and S. 01°01'32" E. 1190.63 feet; thence N. 00°30'00" E. 152.00 feet; thence S. 89°30'00" E. 280.65 feet to a point in the center of Four Mile Creek; thence N. 01°34'29" E. 33.68 feet along the center of said Creek; thence N. 32°18'37" E. 93.14 feet along the center of said Creek; thence N. 14°55'37" W. 93.36 feet along the center of said Creek; thence N. 17°24'43" E. 53.78 feet along the center of said Creek; thence East 90.60 feet along the Southerly line of said Chelyn Acres Subdivision; thence N. 31°40'48" E. 36.73 feet; thence N. 47°08'54" E. 41.71 feet along the center of said Creek; thence N. 13035114" N. 52.92 feet along the center of said Creek; thence N. 37°21'26" E. 42.09 feet along the center of said Creek; thence S. 84°43'06" E. 116.64 feet; thence 110.04 feet along the arc of a curve to the left, having a radius of 173.50 feet, the chord of which bears N. 81°37'02" E. 108.21 feet; thence 254.50 feet along the arc of a curve to the left, having a radius of 330.00 feet, the chord of which bears N. 41°21'12" E. 248.24 feet to a point on the Westerly right of way line of said County Road; thence S. 11°38'50" W. 186.10 feet along the Westerly right of way line of said County Road; thence S. 31°09'12" W. 465.29 feet along the Westerly right of way line of said County Road; thence 259.80 feet along the arc of a curve to the left, having a radius of 818.60 feet, the chord of which bears S. 22°03'41'W N. 258.71 feet; thence S. 12°58'10" N. 137.24 feet along the Westerly right of way line of said County Road; thence N. 52°56'57" W. 318.94 feet; thence N. 89°30'00" W. 188.00 feet to a point of beginning. (Exhibit A) A parcel of land situated in the NW I14SW I/4 of Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Westerly of the center of Four Mile Creek. Said parcel being more particularly described as follows: Beginning at a point on the Westerly line of said Section 3, also being a point at the Northwest corner of a parcel described as Parcel "A" in a document recorded in Book 717 at Page 774 of the Garfield County records whence a Garfield County surveyor brass cap found in place and properly marked for the Southwest Corner of Section 3 of said Township and Range bears S 01°01'3T' E, 1604.72 feet; thence along said Parcel "A" N 90°00'00" E, 936.78 feet to the Northeast Comer of said Parcel "A" also being a point on a parcel described as Parcel "B" as described in a document recorded in Book 717 at Page 774 of the Garfield County records; thence N 90°00'00" E. 90.60 feet to a point in the center of Four Mile Creek. also being a point on a parcel described in document recorded in Book 619 at Page 706 of the Garfield County records; thence continuing along said center of Four Mile Creek and said document recorded in Book 619 at Page 706 of the Garfield County records N 31040'48" E, 17.33 feet; thence leaving said center of Four Mile Creek S 90°00'00" W, 1036.75 feet to the Westerly line of said Section 3; thence along the Westerly line of said Section 3 S 01°01'32" E. 14.75 feet to the point of beginning. said parcel containing 0.349 acres, more or less. County of Garfield, State of Colorado Mark W. Spidell Elizabeth Flood 4339 County Road 117 Glenwood Springs, CO 81601 William L. Flood Nancy C. Flood 4337 County Road 117 Glenwood Springs, CO 81601 Angela Grace Dimercurio Simpson Michael David Simpson 751 Van Dorn Road Glenwood Springs, CO 81601 John A. Groth Colleen B. Groth 4264 County Road 117 Glenwood Springs, CO 81601 Kenneth O. Beckwith Kathy Beckwith 4456 Organ Mesa Loop Las Cruces, NM 88011 Joel D. Halonen Sarah N. Simonson Brent Simonson 2585 Woodbury Drive Glenwood Springs, CO 81601 Gregory B. Denney Laura C. Denney 370 Meadow Wood Road Glenwood Springs, CO 81601 Larry Kindall Bernice M. Kindall 1259 County Road 113 Carbondale, CO 81623 I: 1Clients\Seaton, Don-41431Public I-learing\Property Owner Lisl.wpd Benjamin T. Lunt Nicole G. Lunt 310 Meadow Wood Road Glenwood Springs, CO 81601 Sunlight View 11 Homeowners Association P. O. Bx 2659 Glenwood Springs, CO 81601 Michael A. Mayer Hildur Y. Troyer 4341 County Road 117 Glenwood Springs, CO 81601 Black River Royalties, LLC 1645 Court Place, Suite 326 Denver, CO 80202 White River Royalties, LLC 4194 S. Valentia Street Denver, CO 80237 E. R. Axthelm Co., a Partnership 4264 County Road 117 Glenwood Springs, CO 81601 C. E. Axthelm Co., a Partnership 4264 County Road 117 Glenwood Springs, CO 81601 Dan C. Wadsworth Margaret Wadsworth P. O. Box 4173 Sunriver, OR 97702 Bureau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO 81601 5104004 PROOF OF PUBLICATION RIFLE CITIZEN TELECRAM STATE OF COLORADO, COUNTY OF GARFIELD I, Jenna Weatherred, do solemnly swear that I am a Publisher of The Rifle Citizen Telegram, that the same 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 a periodical 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 and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 6/312010 and that the last publication of said notice was dated 6/3/2010 in the issue of said newspaper. In witness whereof, I have here unto set my hand this 14t11 day of June 2010. Jenna Weatherred, Puljlis A4( Subscribed and sworn to before me, a notary public in and for the County of Garfield, State of Colorado this 14th day of June 2010. Mary E. Borkenhagen, Notary Public My Commission expires: August 27, 2011 Karp, Neu, Hanlon, P.C. • PUBLIC NOTICE TAKE NOTICE that Don and Nanette Seaton have applied to the Planning Commission, Garfield County, State of Colorado, for a combined Preliminary Plan and Final Plat application for the Seaton Subdivision, a property situated in the County of Garfield, State of Colorado; to -wit Legal Description: PARCEL A: A parcel of land situated in the W1/2SW1/4 of Sec- tion 3, Township 7 South. Range 89 Nest of the Sixth Principal Meridian, lying Easterly of the Westerly fine of said Section 3 and Westerly of the center of Four Mile Creek, said parcel of land is described as follows: Beginning at a point on the Westerly line of said Section 3, whence the Section Corner common to Sections 3,4,9 and 10 in said Township and Range I bears: S. 01°01'32" E. 1588.87 feet; thence East I 936.78 feet to a point in the center of said Creek; thence $. 17'24'43" W. 53.78 feet along the center of said Creek; thence S. 14°55'37" E. 93.36 feet along the center of said Creek; thence S. 32'18'37" W. 93.14 feet along the center of said Creek; thence S. 01'34'29" W. 33.68 feet along the center of said Creek; thence N. 89°30'00" W. 280.65 feet; thence S. 00'30'00" W.-152.00 feet; thence N. 89°30'00" W. 604.95 feet to a point on the Wester- ly line of said Section 3;thence N. 01°01'32" N. 398.24 feet along the Westerly line of said Section 3 to the point of beginning. PARCEL 13: A parcel of land situated in the W hSW1/4 and in the NE1/4SW1/4 of Section 3, Township 7 South. Range 89 West of the Sixth Principal Meridian, ly- ing Westerly of the Westerly right of way line of the Four Mile Creek County Road and Southerly of the Southerly line of the Cheiyn Acres Subdivision as platted, said parcel of land is described as follows: Beginning at a point, whence the Section Corner common to Sections 3, 4, 9 and 10 in said Town- ship and Range bears: N. 89'30'00" W. 604.95 feet and S. 01°01'32" E. 1190.63 feet; thence N. 00°30'00" E. 152.00 feet; thence S. 89'30'00" E. 280.65 feet to a point in the center of Four Mile Creek; thence N. 01°34'29' E. 33.68 feet along the center of said Creek; thence N. 32°18'37" E. 93.14 feet along the center of said Creek; thence N. f4°55'37" W. 93.36 feet along the center of said Creek; thence N. 17°24'43" E. 53.78 feet along the center of said Creek; thence East 90.60 feet along the Southerly line of said Chelyn Acres Subdivi- sion; thence N 31°40'48" E. 36.73 feet; thence N. 47°08'54" E. 41.71 feet along the center of said Creek; thence N. 13°35'14' N. 52.92 feet along the center of said Creek thence N. 37°21'26" E. 42.09 feet along the center of said Creek; thence S. 84°43'06" E. 116.64 feet; thence 110.04 feet along the arc of a curve to the left, having a radius of 173.50 feet, the chord of which bears N. 81°37'02" 1,=! 7 1201' E. 108.21 feet; thence 254.50 feet along the arc of a curve to the left, having a radius of 330.00 feet, the chord of which beats N. 41°21'12" E. 248.24 feet to.a point on the Westerly right of way line of said County Road; thence S. 11°38'50" W. 186,10 feet along the Westerly right of way line of said County Road; thence S. 31°09'12" W. 465.29 feet along the Westerly right of way tine of said County Road;.thence 259.80 feet along the arc of a curve to the left, having a radius of 818.60 feet, the chord of which bears S. 22°03'41'W N. 258.71 feet; thence S. 12°58'10" N. 137.24 feet along the Westerly right of way fine of said County Road;. thence N. 52'56'57" W. 318.94 feet; thence N. 89°30'00" W. 188.00 feet to a point of beginning. (Exhibit AJ A parcel of land situated in the NW1/4SW1/4 of Section 3, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Westerly of the center of Four Mile Creek. Said parcel being more particularly described as follows: Beginning at a point on the Westerly line of said Section 3, also being a point at the Northwest corner of a parcel described as Parcel "A" in a document recorded in. Book 717 at Page 774 of the Garfreld County records whence a Garfield County surveyor brass cap found in place and properly marked for the Southwest Comer of Section 3 of said Township and Range bears S 01'01'32" E, 1604.72 feet; thence along said Parcel "A` N 90°00'00"-E, 936.78 feet to the Northeast Corner of said Parcel 'A" also being a point on a parcel des- cribed as Parcel `B' as described in a document recorded in Book 717 at Page 774 of the Garfield County records; thence N 90°0E00" E. 90.60 feet to a point In the centerofFour Mile Creek. also being a point on a parcel described in document recorded in Book 619 at Page706of the Garfield County records; thence continuing along said cen- ter of Four Mile Creek and said document record- ed in Book 619 at Page 706 of the Garfield County records N 31'40'48" E, 17.33 feet; thence leaving said center of Four Mile Creek S 90°00'00' W, 1036.75 feet to the Westerly line of said Section 3; thence along the Westerly line of said Section 3 S 01°01'32" E. 14.75 feet to the point of beginning. said parcel containing 0.349 acres, more or less. County of Garfield, State of Colorado Practical Description: The 13.22 acre property is located adjacent and west of County Road 117 and north of County Road 125 (Dry Park Road) in Section 3, Township 7 South, Range 89 West in Garfield County. This Preliminary Plan application requests ap- proval to subdivide the 13.22 acre parcel into two residential lots of 8.609 acres and 4.448 acres, all within the Rural Zoning District. All persons affected by the proposed combined Preliminary Plan and Final Plat 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 401, 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 14th day of July, 2010, at 6:30 P.M. in the County Commissioners Meeting Room, Garfield County Plaza Building, 108 8th Street, Glenwood Springs, Colorado, 81601. Planning Department Garlield County • Published in the Citizen Telegram on June 3, 2010. 5104004) n1 rR u" 1 u1 r4 D D D D 7009 1680 U.S. Postal Servicem, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.coms Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) c4/ Postmark f1/ Here _lR lb' Angela Grace Dimercurio Simpsc tf sent Michael David Simpson 751 Van Dorn Road rP Glenwood Springs, CO 81601 City, Ps structiona SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY M Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. IN Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the mailplece, or on the front if space permits. I 1. Article Addressed to: Angela Grace Dimercurio Simpson Michael David Simpson 751 Van Dorn Road Glenwood Springs, CO 81601 ❑ Agent —❑ Addressee C. Date of D. Is delivery a. tress different from item 1? 0 Ye If YES, enter delivery address below: 0 No livery 3. S 'tope ri Te riffled Mail 0 Registered 0 Insured Mall ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Deliver}'? (Extra Fee) O Yes 2. Article Number ?0U9 1680 0 0 0 U 1'7 5 5 113 4 (Transfer from service la! PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M4540 rR r-1 t r- 1. Postal Service in CERTIFIED MAIL,„ RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.come Postage Conilied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total William L. lood Sent Tv Nancy C. Flood sneer„a 4337 County Road 117 vrPoe, Glenwood Springs, CO 81601 City, Ste rs `Uyeostmark ,Were ?Q/ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. lel 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. 1. Article Addressed to: Witham L. Hood Nancy C. Flood 4337 County Road 117 Glenwood Springs, CO 81601 A. Signature X o Agent ❑ Addressee B. Recelvedpy finte It' Name) D. Is delivery address different from Item 1? If YES, enter delivery address below: 0 No Dein Yes 3. Se = Type +d Certified Mail ❑ Registered 0 Insured Mall ❑ Express Mail 0 Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7009 1680 0000 1755 1141 (Transfer from service PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 7009 16$0 0000 U.S. Postal Service lM CERTIFIED MAILr RECEIPT (Domestic Mai! Only; No Insurance Coverage Provided) For delivery Information visit our website et www.usps.como Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total 'MITA. . 7rathG Sen?To Colleen B. Grath s'oS. L0 sFreec; ; 4264 County Road 117 or POE Glenwood Springs, CO 81601 City, SIS waS SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • 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. 1. Article Addressed to: John A. (.Troth Colleen B. Groth 4264 County Road 117 Glenwood Springs, CO 81601 celved by ( Printed Name) Aft dA � dress different from item 1? 0 Yes uo.I'very address below: 0 No 0 Agent ❑ Addressee C. Date of Delivery Pe Hied Mall 0 Registered Q Insured Mail ❑ Express Mall Q Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label 7009 1680 0000 1755 1127 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 D r• r -I ra t�7 r - r -R D D D D r-� D U.S. Postal Service, CERTIFIED MAIL, RECEIPT (Domestic Mai! Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com,v Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 1J 5, 5� Tote'- emi [h-( Beckwith ,seni Kathy Beckwith Srree 4456 Organ Mesa Loop orP` Las Cruces, NM 88011 c,ty; r ' I'?/\ Gl\ Postmark (%` . Here • !-1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. E 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 mailplece, or on the front If space permits. 1. Article Addressed to: Kenneth U, Beckwith Kathy Beckwith 4456 Organ Mesa Loop Las Cruces, NM 88011 A. SI X R. Received b Printed Name) Agent Addressee C. Date if Delivery r,, r -lt; D, Is delivery address different from Item 1? 0 Yes It YES, enter delivery address below: 0 No l 3. Sery Type rtlfled Mall ❑ Registered ❑ Insured Mail ❑ Express Mall 0 Return Receipt for Merchandise C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7009 1680 0000 1755 1110 PS Form 3811, February 2004 Domestic Return Receipt 10259502-M.1540 - rn a rR M1 ✓ R 0 ciD .il rg Sent O "siree ID or PC r` ery U.S. Postal Servicer,, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.comis Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) p Here 'aro Tote'' Joe115. Halonen Sarah N. Simonson Brent Simonson 2585 Woodberry Drive Glenwood Springs, CO 81601 railmarup- SENDER: COMPLETE THIS SECTION COMPLETE T1 -11S SECTION ON DELIVERY ■ 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 mallplece, or on the front if space permits. 1. Article Addressed to: Joel D. Halonen Sarah N. Simonson Brent Simonson 2585 Woodberry Drive Glenwood Springs, CO 81601 (42seel GIAgent G 0 Addressee y (Printed Name) 1y -•- rtlfled Malt ❑ Registered ❑ Insured Mai) C. Date of Delivery m Item 1? ❑ Yes below: 0 No O Express Mall 0 Retum Receipt for Merchandise O C.O.D. 4. Restricted Delivery?(Extra Fee) 0 yes 2. Article Number (Transfer from service label) 7009 1680 0000 1755 1103 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ,••mmv..1:m.• mmiff ._.r m.. ern Q r-1 U.S. Postal Service,. CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.coms, Postage Certified Fee D I Return Receipt Fee p (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) ,n Total P ° =^^^ ri S Sent To Benjamin T. Lunt cr- Street, F Nicole G. Lunt arPOB 310 Meadow Wood Road Oily, Sta '0P Postmark 1 Here Glenwood Springs, CO 81601 D r1 Lr1 r- postage U.S. Postal Service 7.1 CERTIFIED MAILrr., RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.com rel Certified Fee [� D Return Receipt Fee cJ (Endorsement Required) Restricted Delivery Fee (Endorsement Required) -11 Total o..e*arts r cams Sent, Larry Kindall cr 'sheaf Bernice M. Kindall or PD 1259 County Road 113 Carbondale, CO 81623 Postmark i,% Here \ Lr rF� -.. ructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ 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. 1N Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Larry Kindall Bernice M. Kindall 1259 County Road 113 Carbondale, CO 81623 A. Signature Xr` ,h —13-4ent ❑ Addressee D. Received by (Printed Name) C. Date of D livery D , Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: 0 No Type Certified Mall ❑ Registered ❑ Insured Mail 0 Express Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service labo!) 7009 1680 0000 1755 1080 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r- r1 - U.S. Postal Service,. CERTIFIED MAILT, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.coma> ) FACIAL IJ C7 Q O -XI Total Prmana k r7 Ir Sent To Gregory B. Denney str t, Laura C. Denney cty, Stt 370 Meadow Wood Road Glenwood Springs, CO 81601 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted I]eI very Fee (Endorsement Required) I) H tfi S Postmer Here "N--1,20,0 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY II 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 mailplece, or on the front if space permits. 1. Article Addressed to: Gregory B. Denney Laura C. Denney 370 Meadow Wood Road Glenwood Springs, CO 81601 A. Signature t X'. ❑ Agent ❑ Addressee lved 4 Printed N. e) C. Dae f Delivery i/7ci D, Is delivery address different frim item 1? 0 Yes if YES, enter delivery address below: 0 No Type Certified Mall ❑ Reglstered 0 Insured Mail ❑ Express Mall ❑ Retum Receipt for Merchandise ❑ C.O.D. 4. Resirlcted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7009 1680 0000 1755 1097 Domestic Return Receipt 102595.02•M-1540 U.S. Postal Service7F,, CERTIFIED MAIL., 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) uD SA 19, Postmark ' .. Here Mark W. Spidell Elizabeth Flood t �' 4339 County Road 117 Glenwood Springs, CO 81601 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Aso complete Item 4 If Restricted Delivery Is desired. it 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 maiiplece, or on the front if space permits. 1. Article Addressed to: M•irk_ W. Spidell Elizabeth Flood 4339 County Road 117 Glenwood Springs, CO 81601 A. Slgnatu X ❑ Agent - D Addr:ssee (very D. Is deli ery address different from Item 1? © Yes If YES, enter delivery address below: 0 No 3. Sery -: Type Certified Mall ❑ Registered 0 insured Mail ❑ Express Mali ❑ Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7009 1680 0000 1755 1318 PS Form 3811, February 2004 Domestic Return Recelpt 102595-02-M-1540 Lri r- ra U.S. Postal ServjceTM CERTIFIED MAIL, RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.coms OGS Pot'atk Postage Certified Fee 0 Return Receipt Fee d (Endorsement Required) d Restricted Delivery Fee d (Endorsement Required) rtl -13 p Ma r -R Totar 7N1T6 aC1 ! ye5.54 lYl fr se'" Hildur Y. Troyer sp` En sire® 4341 County Road 117 or PC ciy : GIenwood Springs, CO 81601 0538 06'1 '6' -p.: +r ; Were 04/ PS F i r, tractions SENDE COMPLETE THIS SECTION • Comrlete items 1, 2, and 3. Also complete Item if Restricted Delivery Is desired. • Print + aur name and address on the reverse so the we can return the card to you. • Attact this card to the back of the malipiece, or on ne front if space permits. 1. Article Addressed to: Michael A. Mayer Hildur Y. Troyer 4341 County Road 117 Glenwood Springs, CO 81601 COMPLETE THIS SECTION ON DELIVERY aturer' )ZIAgent ❑ Addressee B. Recgjved by ( tad ame, C. Date o ff De lvery D. Is delivery address d t from If YES, enter delivery address below: 1? Yes 0 No 3. So ryk a TyPe Certified Mall D Registered D Insurod Mall o Express Mall 0 Return Receipt for Merchandise 0 C.O.D. 4, Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (rransfer from sorvfce label} PS Form 3811, February 2004 7009 1680 0000 1755 0991 Domestic Return Receipt 102595-02-M-1540 ir-R 0000 175 G _I] Total P 1-4 For delivery Information visit our websIte at www.uaps.ccme Postage CertItied Fee Return Receipt Feo (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Ir r - Postmark Bore Seryl To Bureau of Land Manageh� stre, 50629 Highway 6 & 24 S et - or POE Glenwood Springs, CO 81601 City, Sri 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 maiipiece, or on the front if space permits. 1. Article Addressed to: Bureau of Land Management 50629 Highway 6 & 24 Glenwood Springs, CO 81601 COMPLETE THIS SECTION ON DELIVERY A. 51 X ❑ Agent 0 Addressee B. Rnelved by (Pn ANT C. Date of Delivery (0.10 -lo D. Is delivery address different from Iteml? J ❑ Yes If YES, enter delivery address below:f / 4 No 3. seType Certified Mail ❑ Registered Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Dellveryl (Extra Fee) 0 Yes 2. Article Number (Transfer from service Labe! 7009 168 0000 1755 1pD4 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery Information visit our website at www.usps.como 709 1680 0000 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Pr ' ^--- Sent To Dan C. Wadsworth Street,A Margaret Wadsworth or Po a; P. O. Box 4173 Crry, Sta, Sunriver, OR 97702 . ,. — ru 141 141 a O O Return Receipt Fee E3 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) q .13 r -q U.S. Postal Service. CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com” Postage Certified Fee g i A L a MEM NMI Er sE White River Royalties, LLC st 4194 S. Vaientia Street Or .. Denver, CO 80237 i Postmark Ho J,0 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Iterris 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. 1. Article Addressed White Riyyr Royalties, LLC 4194 S. VValentia Street Denver, CO 80237 A S(gpature X D. Is del If Y 0 tl! 3. S: type rtlfled Mall 0 Registered ❑ Insured Mail Agent 0 Addressee C. Date ofDelivery m item 1? d Yes below: ❑ No 0 Express Mall 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fes) 0 Yes 2. Article Number 7009 1680 0000 1755 1042 (Transfer from service Iabev PS Form 3811, February 2004 Domestic Return Receipt 102505.02•M-1540 m 0 r9 tri II) rt r -R U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com,o Postage Certified Fee Q Return Receipt Fee © {Endorsement Required) 7009 1680 Restricted Delivery Fee (Endorsement Required) Total Poe'-- ^ Sent To \r ,th Postmark !fere E. R. Axthelm Co., a Partnership Street, Apt 4264 County Road 117 or PO Box City, State Glenwood Springs, CO 81601 ' SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • 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 mairpfece, or on the front if space permits. 1. Article Addressed to: E. R. Axthelm Co., a Partnership 4264 County Road 117 Glenwood Springs, CO 81601 A Signet fX ge' celved by (Prl,Jed Name),: t ��r Q Agent ❑ AdOressee C. Date of eltvery C7 o0 fely,ebaddress different from item 1? very address below: ON all D Express Mall 0 Registered 0 Return. Receipt for Merchandise Q Insured Mall 0 C.O.D. Yeo o No 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number (Transfer from service label) 7009 1680 0000 1755 1035 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 7009 1680 U.S. Postal Service,. CERTIFIED MAIL. RECEIPT (Domestic Mall 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) , C. E. Axthelm Co., a Partnership sir 4264 County Road 117 cit Glenwood Springs, CO 81601 Postmark Here 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 maiipiece, or on the front if space permits. 1. Article Addressed to: C. E. Axthelm Co., a Partnership 4264 County Road 117 Glenwood Springs, CO 81601 t COMPLETE THIS SECTION ON DELIVERY A. Signatu X 0 Agent 0 Addressee B. Received by (Printed Name) C. Date of \?ellvery C1--/"..19 j I stelivery address different from Item 1? "N.illt:`7tI;[jnte delivery address below: ir D. cp © Yes, 0 No Sery fat all ❑ Express Mall C] Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 7001 1680 0000 1755 1028 102505-02-M•1540 zp SE RANLON, P.C. P.O. Drawer'Suite 2pQ Gle�,wood S���0� CO 81602 JUN 1 KARRNEU,HANLON,P,C. RETURN RECEIPT REQUESTED �ERri,/�0 ?009 4130 0000 _1 ?ss 205'1 $lack Ver Ro 4S ecu Yalties LL Denver, r C{aco, Suite 326 02 crN n ru 0 ru a U.S. Postal Servicezr, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www,usps,comr, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees F s 0 un Sfree, p or PO Box City, State, 7 • 4 0 0X r tv59 ._ PS Form 3800, August 2006 14900 - See Reverse tor Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • 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. 1. Article Addressed to: A. Sign x B. Printed Name) YES, Sunlight View ZI F1OA {� P.O. Box 2659 11 Glenwood Springs, CO 8160 ❑ Agent 0 Addressee Date of Delivery c dress different from item 1? 0 Yes livery address below: 0 No 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service 7009 1680 0000 1755. ]2172 PS Form 3811, February 2004 Domestic Return Receipt 102595-024-1540 KARP NEU HANLON, P.C. 201 14`h Street, Suite 200 P.O. Drawer 2030 Glenwood Springs, CO 81602 sc) \ co -0 (-10 RETU ECEI�T It��UESTEIIj 1 1 1 11 11 1 1 1 1 1 1 1 7009 1680 0000 1755 1066 PIAME r o kr4turrk-- ---- Sunlight View II Homeowners s: n en 0 0 O z 0,0ry o 00 Q 7009 1680 0000 1755 1066 bm 0 0 0 0 I nnaIA pu{1uns 0 0 0 0Ln ee9 PO J!UeD 049J82047665 D. 05.540 06/04/2010 Mailed From 8I601 US POSTAGE 0c 'mcn. 0 • CD C •cp rs • m m o n rom 0.—I -430 5. Ra 4 ? d?nf n L4-04-40 3 IltjJij