The URL can be used to link to this page

Home My WebLink About1.0 ApplicationKinney Application for Minor Subdivision Review SUPPLEMENTAL INFORMATION SUBMISSION # 3 1. Mineral Rights Extensive research has been completed on the mineral rights associated with the subject property. All documents of record were reviewed at the Garfield County Clerk’s office with the assistance of the Clerk. Those documents are now incorporated into his submission. This research shows no reservation of mineral rights and as such all rights currently track with the property and the Owner, Cynthia Kinney. In the Supplemental Information Submission # 1, a reference was made to a reservation of mineral rights in 1923 by Jean Good. This statement should be stricken, it is inaccurate. 2. Access Driveway An access driveway has been proposed which provides legal access to both Lots 2 and 3. This driveway intersects Cattle Creek Road and has been designed to comply with all applicable County standards. It should be noted that an existing driveway bisects proposed Lot 3, providing access to a lot under separate ownership just uphill of this property (see Plat Map). This would provide physical access to Lot 3 but legal access has not been discovered. The access from the neighboring parcel which connects the driveway to Cattle Creek Road has been found. The easement obviously exists as the lot above the Kinney proposed Lot 3 has changed hands within the last five years and this is the only legal access. It is simply a matter of continued research to find the documentation. The Kinney’s preference would be to use this access and not construct the drive proposed on the plan. If the easement exists and they are beneficiaries this will be the case. If not, they intend to approach the neighbor owning the property between proposed Lot 3 and Cattle Creek and try to secure an easement over the existing road. Since the Kinney’s do not have ultimate control over this access, the submission proposes a legal access to proposed Lot 3 that is 100% in the applicants control providing legal access to both Lots 2 and 3. 3. Cost estimate for proposed driveway and culvert. This cost estimate takes into consideration that Jake Kinney, the applicant’s son and ultimate owner of Lot 3 is an excavator by profession and will do this work himself and is labelled “Cost- Owner. Also, a cost if completed commercially has been provided also even though this is unlikely. Approximately 680 lineal feet of driveway, 12 feet wide with 2 foot shoulders (16 foot wide pad) = 10,880 square feet of pad Task Cost-Owner Cost-Commercial Clear and grub 10,880 square feet By Owner $1,650.00 Excavate per grading – 400 CY By Owner $7,200.00 ¾” Class 6 Road Base – 180 tons $4,350.00 $4,350.00 3 sided concrete box culvert $8,500.00 $8,500.00 Culvert Install By Owner $1,200.00 Total Cost if completed by Owner $12,850.00 Total Cost if Completed Commercially $22,900.00 Form No OFFICE OF THE STATE ENGINEER GWS 25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg 1313 Sherman St Denver Colorado 80203 303 866 3581 APPLICANT LIC WELL PERMIT NUMBER 78592 F DIV 5 WD 38 DES BASIN MD CYNTHIA KINNEY C O PATRICK MILLER KROPF NOTO 229 MIDLAND AVE BASALT CO 81621 970 920 1028 APPROVED WELL LOCATION GARFIELD COUNTY SW 1 4 NE 1 4 Section 17 Township 7 S Range 88 W Sixth P M DISTANCES FROM SECTION LINES 2131 Ft from North Section Line 2397 Ft from East Section Line UTM COORDINATES Meters Zone 13 NAD83 ERMIT TO CONSTRUCT A WELL tasting NOrtning ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 This well shall be used in such a way as to cause no material injury to existing water rights The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action 2 The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 2 unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18 3 Approved pursuant to CRS 37 90 137 2 on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit if applicable per decree and in accordance with one or more of the augmentation plans approved by the Div 5 Water Court for the Basalt Water Conservancy District in Case Nos 87CW0155 93CW0319 98CW0026 98CW0089 01CW0305 02CW0077 and Case No 1OCW0047 if in Area A 3 as described in decree or operating pursuant to an approved substitute water supply plan If this well is not operated in accordance with the terms of said decree s or SWSP it will be subject to administration including orders to cease diverting water BWCD contract 644 This well is known as Site 3 Well 4 The use of ground water from this well is limited to ordinary household purposes inside one 1 single family dwelling and the irrigation of not more than 2 500 square feet of home gardens and lawns 5 The pumping rate of this well shall not exceed 15 GPM 6 The annual withdrawal of ground water from this well shall not exceed 0 541 acre foot 7 The return flow from the use of this well must be through an individual waste water disposal system of the non evaporative type where the water is returned to the same stream system in which the well is located 8 The owner shall mark the well in a conspicuous place with well permit number s name of the aquifer and court case number s as appropriate The owner shall take necessary means and precautions to preserve these markings 9 This well shall be constructed not more than 200 feet from the location specified on this permit 10 A totalizing flow meter must be installed on this well and maintained in good working order Permanent records of all diversions must be maintained by the well owner recorded at least annually and submitted to the Division Engineer upon request NOTE Parcel Identification Number PIN 2393 171 00 092 Gflj p y 1 APPROVED JSG State E eer By Receipt No 3666925B DATE ISSUED 11 04 2014 EX ATION DATE 11 04 2015 a DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST Ste 821 DENVER CO 80203 RESIDENTIAL Note Also use this form to apply for livestock watering Water Well Permit Application Review form instructions prior to completing form Hand completed forms must be completed in black or blue ink or typed c o Patrick Miller Kropf Noto P C Uefing address 229 Midland Avenue city Basalt State Apoode CO 81621 Telephone wares code ll 970 920 1028 noto@waterlaw com 2 Type Of Application check applicable boxes strucContnew well Change source aquifer Replace existing well Reapplication expired permit Use existing well Rooftop precip collection Change or increase use Other 3 Refer To if applicable Wes part Water court case BWCD Contract 644 Designated Basin Determination Well name or Site 3 Well 4 Location Of Proposed Well important See Instructions County Garfield NE 114 of the SW 114 Section Township N or S Rage E or W Principal Meddian 17 7 10 JN 88 E3 13 6th Distance of well from section Ina section lines are typically not property Imes IN2131Ftfrom N S 2397 Ft frI iW For replacement wells only distance and direction from old well lo new well feet Direction Well location address include City State Zip check If well address Is same as In Item 1 r ee at I k atlon In 11TM formal GPa and settings are as follows Formal must be UTM Zone 12oil Zone 13 Units must be Meters Daum mast be MADS3 Unit must be set to true north Was GPS unit checiaad for above YES 5 Parcel On Which Well Easting Northing Remember to set Datum to NAD83 Be A You must check and complete one of the following Subdivision Name Lot Block Filing Unit County exemption attach copy of county approval survey Name Lot Parcel less than 35 acres not in a subdivision attach a deed with metes bounds description recorded prior to June 1 1972 and current deed Mining claim attach copy of deed or survey Name Square 40 acre parcel as described in Item 4 Parcel of 35 or more acres attach metes bounds description or survey Other attach metes bounds description or survey B of acres in parcel I C Are you the owner ofthis parcel 29 5 I YES 0 NO D Will this be the only well on true parcel YFSN NO if no list other wells Pennit No 121659 Site 2 Well applied for concurrently E State ParcelID oplonall 2393 171 00 092 S Air uo Ar lSrtj I to4 f x 4CA0 Office Use Only RECEIVED OCT 14 ZO1t4cF T 0 C 1NEE S Form GWS 44 7 2012 See Instructions to determine use s for which you may qualify A Ordinary household use in one single family dwelling no outside use 09 B Ordinary household use in 1 to 3 single family dwellings Number of dwellings 1 Home garden Iawn irrigation not to exceed one acre area irrigated 2500 IN sq ft F3 acre Domestic animal watering Torn commercial C Livestock watering on farm rench rangelpasture 7 Well Data proposed 15 gpm 0 541 acre feet Total depth AlfeetAlluvium 8 Within boundaries of a water service area I YESI X NO If 9 Type Of Sewage System IN Septic tank absorption leach field Central system District name Vault Location sewage to be hauled to Other explain Proposed Well Driller License optional Sign or Enter Name of Applicant s or Authorized degree which is punishable as a class 1 misdemeanor pursuant to C R S 24 4 104 13 a I have read the statements herein know the contents thereof and state that they are true to my knowledge Cynthia Kinney Owner Office Use Only USGS map name DWR map W Surface elev T GO f f Receipt area only f3wcp oar etjC07 NN r Ado Wo115cs 1 Date 101 14014 1112 29 AMAQUAMAP0OltransactionTotal20000 WE CREDIT CARD 20000 WR cWCB Q MYLAR S85 DN 6 WD30 BA MD SG c 3 Co fe 5 A x el t Db rl d A r v Form No OFFICE OF THE STATE ENGINEER GWS 25 COLORADO DIVISION OF WATER RESOURCES818CentennialBldg1313ShermanStDenverColorado80203 303 866 3581 APPLICANT LIC WELL PERMIT NUMBER 78591 F DIV 5 WD 38 DES BASIN MD CYNTHIA KINNEY C O PATRICK MILLER KROPF NOTO 229 MIDLAND AVE BASALT CO 81621 970 920 1028 APPROVED WELL LOCATION GARFIELD COUNTY SW 1 4 NE 1 4 Section 17 Township 7 S Range 88 W Sixth P M DISTANCES FROM SECTION LINES 2132 Ft from North Section Line 2240 Ft from East Section Line UTM COORDINATES Meters Zone 13 NAD83 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1 This well shall be used in such a way as to cause no material injury to existing water rights The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action 2 The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 2 unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18 3 Approved pursuant to CRS 37 90 137 2 on the condition that this well is operated as an alternate point of diversion to the Basalt Conduit if applicable per decree and in accordance with one or more of the augmentation plans approved by the Div 5 Water Court for the Basalt Water Conservancy District in Case Nos 87CW0155 93CW0319 98CW0026 98CW0089 01CW0305 02CW0077 and Case No 10CW0047 if in Area A 3 as described in decree or operating pursuant to an approved substitute water supply plan If this well is not operated in accordance with the terms of said decree s or SWSP it will be subject to administration including orders to cease diverting water BWCD contract 644 This well is known as Site 2 Well 4 The use of ground water from this well is limited to ordinary household purposes inside two 2 single family dwellings and the irrigation of not more than 2 500 square feet of home gardens and lawns 5 The pumping rate of this well shall not exceed 15 GPM 6 The annual withdrawal of ground water from this well shall not exceed 0 933 acre foot 7 The return flow from the use of this well must be through an individual waste water disposal system of the non evaporative type where the water is returned to the same stream system in which the well is located 8 The owner shall mark the well in a conspicuous place with well permit number s name of the aquifer and court case number s as appropriate The owner shall take necessary means and precautions to preserve these markings 9 This well shall be constructed not more than 200 feet from the location specified on this permit 10 A totalizing flow meter must be installed on this well and maintained in good working order Permanent records of all diversions must be maintained by the well owner recorded at least annually and submitted to the Division Engineer upon request NOTE Parcel Identification Number PIN 2393 171 00 0921y 77 V Y Permit Expiration Date Extended to November 4 2016 AOT 10 26 15 APPROVED JSG 5A State Engineer By v 14 EXPIRATION Last Updated March 4, 2016 Page 1 REFERRAL FORM Garfield County Community Development Department Date Sent: 10/19/16 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 The Garfield County Community Development Department has received an application for a Land Use Change Permit as referenced below. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the staff report, we request your response by Wednesday, November 9, 2016. File Number: MISA-04-16-8440 Project Name: Kinney Minor Subdivision Staff Planner: Glenn Hartmann, Senior Planner Applicant: Cynthia Fox (Kinney) Project Address: 1000 County Road 113 (aka Cattle Creek Road) Summary of Request: Subdivision of the 29.5 acre site into three lots approximately 25.6, 2.1 and 2.1 acres in size. The lots will be served by individual wells & OWTS, with access off of County Road 113. A digital version of the application can be viewed by going to: http://records.garfield- county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch 1. Click in the box for Permit Number (File No.). 2. Enter the File Number exactly as it appears on this form and click on Search. 3. Email response to _ghartmann@garfield-county.com___. REFERRAL LIST File Number: Last Updated March 4, 2016 Page 2 PLEASE EMAIL REFERRAL APPLICATION TO THE FOLLOWING (highlighted): Check Box REFERRAL AGENCY NAME OF CONTACT EMAIL ADDRESS Garfield County X Road and Bridge Wyatt Keesbery wkeesbery@garfield-county.com X Attorney Kelly Cave kcave@garfield-county.com Sheriff Jim Sears jsears@garcosheriff.com Sheriff Lou Vallario lvallario@garcosheriff.com X Vegetation Manager Steve Anthony santhony@garfield-county.com Oil and Gas Kirby Wynn kwynn@garfield-county.com X Environmental Health Morgan Hill mhill@garfield-county.com Emergency Management Chris Bornholdt cbornholdt@garcosheriff.com Public Health Yvonne Long ylong@garfield-county.com X Surveyor Scott Aibner saibner@comcast.net State of Colorado X State Engineer/Water Resources Megan Sullivan megan.sullivan@state.co.us X Geological Survey *Referral Cover page to be mailed with fee check* Karen Berry kaberry@mines.edu Department of Transportation Dan Roussin daniel.roussin@state.co.us Health Department- Air Pollution Ingrid Hewitson ingrid.hewitson@state.co.us Health Department- Hazardous Materials and Waste John O’Rourke comments.hmwmd@state.co.us Health Department- Oil & Gas Air Pollution Mark McMillan mark.mcmillan@state.co.us Health Department- Restaurants Amy Gammel amy.gammel@state.co.us Health Department- Water Quality Bret Icenogle bret.icenogle@state.co.us Division of Local Government Anne Miller anne.miller@state.co.us Division of Minerals & Geology Department of Natural Resources Michelle Ramirez michelles.ramirez@state.co.us Forest Service Kamie Long kamie.long@colostate.edu X Parks and Wildlife (Silt or GJ) Scott Hoyer scott.hoyer@state.co.us Mined Land & Reclamation Board Michelle Ramirez michelles.ramirez@state.co.us Tramway Board *send to both contacts* Nicki Cochrell dora_tramwayboard@state.co.us nicki.cochrell@state.co.us Water Conservancy Board Becky Mitchell rebecca.mitchell@state.co.us Board of Education NO CONTACT NAME LEFT MESSAGE TO GET CONTACT & EMAIL ADDRESS United States X Bureau of Land Mngt (Silt or GJ) Monte Senor msenor@blm.gov Forest Service Jim Kirschvink jkirschvink@fs.fed.us X Army Corp. of Engineers Carrie Sheata carrie.a.sheata@usace.army.mil Dept. of Energy Western Area Power Administration Brian Pederson bpederson@wapa.gov Bureau of Reclamation Alan Schroeder aschroeder@usbr.gov USDA White River National Forest Service Carol Huey clhuey@fs.fed.us US Fish & Wildlife Kris Monday grandjunctiones@fws.gov Municipality Carbondale Janet Buck jbuck@carbondaleco.net Last Updated March 4, 2016 Page 3 Glenwood Springs Andrew McGregor andrew.mcgregor@cogs.us New Castle *send to both contacts* Melody Harrison Tim Cain mharrison@newcastlecolorado.org timc@newcastlecolorado.org Silt Janet Aluise jaluise@townofsilt.org Rifle Nathan Lindquist nlindquist@rifleco.org Parachute Stuart McArthur stuartmc@parachutecolorado.com Basalt Susan Phillip susanp@basalt.net DeBeque Guy Patterson gpatterson@debeque.org Counties Eagle Bob Narracci bob.narracci@eaglecounty.us Mesa *send referrals w/ transportation issues to Daniel as well* Christie Barton Daniel Larkin christie.barton@mesacounty.us daniel.larkin@mesacounty.us Pitkin *send to both contacts* Lance Clarke Karla Cahill lance.clarke@pitkincounty.com karla.cahill@pitkincounty.com Rio Blanco Mark Sprague mark.sprague@rbc.com Routt Chad Phillips cphillips@co.routt.co.us Engineers X Mountain Cross Engineering Chris Hale chris@mountaincross-eng.com Water Resource Engineering Inc. Michael J. Erion, P.E. merion@resource-eng.com Fire Districts X Carbondale and Rural Fire Protection District Ron Leach leach@carbondalefire.org Colorado River Fire Rescue Orrin Moon orrin.moon@crfr.us De Beque Fire Department Mike Harvey firechief@debequefire.org Glenwood Springs Rural Fire Protection District Ron Biggers rbiggers@ci.glenwood-springs.co.us Grand Valley Fire Protection District Robert Ferguson opschief@gvfpd.org Gypsum Fire Protection District Justin Kirkland justin@gymsumfd.com School Districts X RE-1 School District Shannon Pelland pelland@rfschools.com RE-2 School District Craig Jay cjay@garfieldre2.org School District 16 Dr. Ken Haptonstall khaptonstall@garfieldre16.org Eagle School District RE-50 Sandra Mutchler sandra.mutchler@eagleschools.net Water and Sewer Special Districts Special District Association Ann Terry ann.terry@sdaco.org Battlement Mesa Metropolitan District Steve Rippy srippy@acsol.net Mid-Valley Metropolitan Sanitation District Bill Reynolds breynolds@sopris.net Oak Meadows Service Company Ralph Delaney LEFT MESSAGE TO GET EMAIL ADDRESS Roaring Fork Water and Sanitation District Tonya Uren info@rfwsd.com Spring Valley Sanitation District Kelly Mullane svsanitation@yahoo.com West Glenwood Sanitation District Jorden Voskuil jvwgsd@outlook.com Conservancy Districts, Soil Conservation Districts and Ditch Companies X Basalt Water Conservancy District Michael J. Erion, P.E. merion@resource-eng.com Basin Ditch Company NO CONTACT NAME MAILING ADDRESS ONLY Last Updated March 4, 2016 Page 4 Book Cliff, Mount Sopris & South Side Soil Conservation Districts Sharie Prow sharie.prow@co.usda.gov Glenwood (Thompson Glen) Ditch Company NO CONTACT NAME MAILING ADDRESS ONLY Lower Cactus Valley Ditch Company LeeRoy Chelewski NO VAILD PHONE NUMBER MAILING ADDRESS ONLY Roaring Fork Conservancy Rick Lofaro rick@roaringfork.org Silt Water Conservancy District NO CONTACT NAME MAILING ADDRESS ONLY West Divide Water Conservancy District Janet Maddock water@wdwcd.org Authorities Roaring Fork Transportation Authority *send to both contacts* David Johnson Jason White djohnson@rfta.com jwhite@rfta.com Roaring Fork Transportation Authority Rio Grande Trail Manager Brett Meredith bmeredith@rfta.com Garfield County Housing Authority *send to both email addresses* Katherine Gazunis gcha@garfieldhousing,com kate@garfieldhousing.com HOA’s and Associated Groups Aspen Glen HOA – Design Review Board Leslie Lamont leslielamont@aspenglenhoa.com Battlement Mesa Concerned Citizens *send to both contacts* Dave Devanney Doug Saxton dgdevanney@comcast.net douglassaxton@gmail.com Battlement Mesa Parks and Recreation District Mary Anderson ppr001@comcast.net Battlement Mesa Service Association (BMSA) *send to both email addresses* Steve Rippy srippy@acsol.net bmsa@battlementmesacolorado.com Battlement Mesa Oil & Gas Committee Chuck Hall cdhall149@gmail.com Battlement Mesa Company Eric Schmela eschmela@battlementmesa.com Grass Mesa HOA Rebecca Brock INVALID PHONE NUMBER MAILING ADDRESS ONLY Ironbridge PUD HOA Bob Johnson bjohnson@thefleishercompany.com Oak Meadows HOA David Pendleton oakmeadowshoa@gmail.com Pinyon Mesa HOA David Hays david@fleisherre.com Elk Springs HOA Rob Sweikert kingswood7@aol.com Utility Companies Xcel Energy Tillmon McSchooler tillmon.mcschooler@xcelenergy.com Grand Valley Power Steve Don sdon@gvp.org prupp@gvp.com X Holy Cross Energy Steve Casey scasey@holycross.com KN Energy- Source Gas Carla Westerman carla.westerman@sourcegas.com Public Service Company *send to both contacts* Fred Eggleston Kelly McBartlett fred.eggleston@xcelenergy.com kelly.mcbartlett@xcelenergy.com X US West-Century Link Jason Sharpe jason.sharpe@centurylink.com Other Aspen Valley Land Trust *send to both contacts* Martha Cochrane Connor Coleman marthac@avlt.org connor@avlt.org August 29, 2016 Tom Stevens 0511 Maroon Mesa Road Carbondale, CO 81623 RE: Extension Request Kinney Minor Subdivision (MISA-04-16-8440) Dear Tom: Thank you for the additional submittals you have provided in response to our completeness review and for meeting with me last week. It was good to be able to go over the details of your application and how certain waiver requests may be appropriate. Pursuant to our meeting your application is still not complete and has not been scheduled for a Director’s Decision. We have received your request for an extension of time to complete your Application. I have met with Sheryl Bower, Director of the Community Development Department and she has approved an extension of an additional 45 days to provide all required materials. The extension will expire on October 3, 2016. It is recommended that you provide the additional required materials well in advance of the expiration to allow staff time to review the information. In addition, if waiver requests are being added to your submittal a meeting with staff to go over the waiver requests prior to re-submittal is recommended. As we discussed at our meeting, you will need to provide a new electronic copy (in pdf format) of the complete application including all supplements. Please call or email with any questions regarding the remaining completeness items and your extension request. Sincerely, Glenn Hartmann, Senior Planner Community Development Department Cc: Sheryl Bower, Director Community Development Department Cynthia Fox Community Development Department April 22, 2016 Tom Stevens 0511 Maroon Mesa Road Carbondale, CO 81623 RE: Completeness Review Kinney Minor Subdivision (MISA-04-16-8440) Dear Tom: Thank you for the detailed submittals you have provided on behalf of Cynthia Fox for the Kinney Minor Subdivision Application. Our completeness review included input from the County Attorney’s Office and has identified a several items that need to be addressed or clarified prior to a determination of technical completeness. Please respond to the following items: 1. For mineral rights ownership the application references the deeds for the property. A clarification needs to be provided with a list of mineral owners and a description of how the research was completed. 2. The vicinity map included on the plat does not meet the submittal requirements. It should be reformatted to an 8” x 11” size to allow attachment to the public notice and include areas within approximately 3 miles. 3. The water supply plan does not adequately document the legal, physical and adequate (quality) water supply for the proposed lots. Please contact me for more information on this item. The proposal to delay drilling and testing of the new wells to after potential approval by the County but prior to filing the plats will require a formal waiver request. The water supply plan needs to address all three of the proposed lots. 4. The waste water management plan needs to be updated to include information on the OWTS (ISDS) for the existing home along with general information on the percolation test locations for the proposed lots and anticipated location for the leach fields. This information can be included on the site plan and has some bearing on future options for locations of domestic water wells. Community Development Department 5. Will serve letters for other utilities such as electric should be provided or other evidence of ability to serve the proposed lots (i.e. email communication). 6. The County Attorney’s Office has requested copies of any Title Work on the Property. This will allow review of any lienholders, ensure that all easement are shown on the plat, and assist with mineral rights research. 7. Please contact me regarding the history of the property to clarify the legal description which includes two parcels and a past subdivision exemption that appears to have been approved in 1975 for the property. 8. Narrative statements or commitments for future design can address most of the preliminary engineering topics (waivers may need to be requested). However, more detailed information needs to be provided on the access driveways to ensure code compliance. Typical cross section details and basic engineering representations should be adequate to confirm compliance with width, grade, curve radius, and drainage ditches/shoulders. A follow-up meeting or telephone conference with staff is recommended to clarify any of the above items including whether waivers from standards and/or submittal requirements need to be requested. Once the above topics are addressed we can finalize our completeness review and schedule a date for your Director’s Decision. Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60-days of the date of this letter, otherwise the application will be deemed withdrawn unless a request for extension is submitted and approved. I look forward to addressing the completeness items as quickly as possible and moving forward with your review process. Sincerely, Glenn Hartmann Senior Planner PUBLIC NOTICE TAKE NOTICE that Cynthia Fox (Kinney) has applied to the Community Development Department Director, Garfield County, State of Colorado, to request an Administrative Review for a Minor Subdivision, known as the Kinney Minor Subdivision, in the County of Garfield, State of Colorado; to-wit: Legal Description: SEE ATTACHED LEGAL DESCRIPTION Practical Description: The property is located at 1000 County Rd. 113, Carbondale, CO 81623, approximately 1 mile east of Highway 82 and approximately 5 miles north of the Town of Carbondale. The site is located in Section 17, T7S, R88W of the 6th p.m. and is known by Assessor Parcel Numbers 2393-171-00-092. Description of Request: The Applicant is requesting a minor subdivision to divide the existing 29.5 acre parcel into three lots approximately 2.1 acres, 2.1 acres and 25.6 acres in size. The lots will be served by individual wells, and onsite waste water treatment systems. Access will be off of County Road 113. The Property is zoned Rural (R). The File No. is MISA-04-16-8440. Vicinity Map: VICINITY MAP TO BE ATTACHED BY THE APPLICANT All persons affected by the proposed Minor Subdivision are invited to comment regarding the application. You may state your views by letter or you may call the Community Development Department at (970) 945-8212 regarding the application. The Director will give consideration to the comments of surrounding property owners, and others affected, in deciding whether to approve, approve with conditions or deny the request. The application may be reviewed at the office of the Community Development 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. Alternatively, the application can be viewed at http://records.garfield- county.com/WebLink/CustomSearch.aspx?SearchName=BuildingDocumentSearch (Search for File No. MISA-04-16-8440). The Director will make a decision on this application on November 16, 2016. Any comments to be considered must be received prior to that date. Community Development Department Garfield County LEGAL DESCRIPTION VICINITY MAP Hwy 82 CR 113 Kinney Site 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 October 18, 2016 Tom Stevens 0511 Maroon Mesa Road Carbondale, CO 81623 RE: Completeness Review Kinney Minor Subdivision (MISA-04-16-8440) Dear Tom: Thank you for the additional submittals and responses to completeness items that you have provided on behalf of Cynthia Fox for the Kinney Minor Subdivision Application. This letter is to inform you that your application has been deemed Technically Complete. Please understand that a determination of technical completeness shall not be viewed as a recommendation of approval, finding of an adequate application, or a finding of general compliance with any goal or objective of the Land Use and Development Code or the Garfield County Comprehensive Plan 2030. The Application will be reviewed by Staff and a report will be sent to you. The date upon which the Director of the Community Development Department will render a decision has been set for November 16, 2016. Public notice at least 15 days prior to the Director’s Decision is required by written notice by certified mail, to the owners of record of all property adjacent to the property and within 200 ft. Public notice at least 15 days prior to the Director’s Decision is also required by written notice by certified mail with return receipt requested to the mineral owners of record for the Applicant’s property. The Applicant shall be solely responsible for the mailing of the notice. The Applicant shall present proof of the required notice to the Community Development Department prior to the Director’s Decision. Pursuant to Section 4-103(B)(3) of the Land Use and Development Code, the notice shall include a vicinity map, the property’s legal description, a short narrative describing the current zoning and the Applicant’s proposal, the contact information for the Community Development Department and the date that the Director will make a decision. Community Development Department 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 I have enclosed an appropriate public notice for your convenience. This document is provided to you as a courtesy and the Applicant must verify that all information in the notice is correct and attached including the legal description and vicinity map. It shall be the obligation of the Applicant to correct any deficiencies in the public notice such that proper notice in form and substance can be established. Included for your convenience is the following outline of the process from this point. 1. Referrals will be sent out on October 19th with comments requested back by November 9th. 2. Public Notice must be mailed by the Applicant no later than November 1st. 3. Applicant will provide a completed Public Notice Information Form along with the proof of mailing and return receipts prior to the Director’s Decision. 4. On Wednesday, November 16th, the Director of the Community Development Department will render a Decision to approve, approve with conditions or deny the application. 5. The Board of County Commissioners will be provided notice of the Director’s decision and will have a 10 day call up period to request a public hearing. 6. If the call up time period expires without a request for a hearing from the Board, or the Applicant, or an adjacent property owner, the decision will become final. 7. The Applicant shall have 90 days to satisfy any conditions of approval and submit a plat to the County in a form ready for recording. Extensions on the time limit can be requested. 8. Once all conditions have been met and the plat reviewed and accepted, it will be presented to the Board of County Commissioners for their signature. Please note that as part of the Application review process some items may still require additional information, staff discussion or conditions of approval, in particular where waivers are being requested. If you have any questions regarding the scheduling and the public notice requirements please feel free to contact me. Sincerely, Glenn Hartmann Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 April 4, 2016 County Attorney’s Office 108 8th Street #219 Glenwood Springs, CO 81601 ATTN: Kelly Cave, Assistant County Attorney RE: Kinney Minor Subdivision (MISA-04-16-8440) Dear Kelly: Attached for your files and for your review is an Application for a minor subdivision located at 1000 County Road 113, Cattle Creek Rd. The Application proposes to divide the property into 3 three lots. The Application was submitted by Cynthia Fox. The property is known by Assessor’s Parcel No. 2393-171-00-092. We are beginning work on our completeness review and request your assessment of any legal issues including but not limited to ownership, authorizations, mineral rights, water rights and well permits, and similar topics. Having your completeness review comments by April 15th would be much appreciated. Thanks for your assistance in the review of this Application. Sincerely, Glenn Hartmann Garfield County, Colorado Community Development Department Kinney Minor Subdivision Mineral Rights Research Research in the Garfield County Clerk and Recorders Office included extensive review of numerous deeds reflected in the outline below. No evidence of mineral rights reservations were found in the deeds. An oil and gas lease from 1936 was found. It appears based on that lease that the mineral rights were held at that time by George and Nannie Downing. 1913: Original Patent 1934: 118716 Peisar to Downing 1936: Downing Oil and Gas Lease 1941: 144560 Peisar to Campbell 1958: 200603 Campbell to McGraw 1969: 242686 McGraw to Schrepfer 1971: 249700 Schrepfer to Fischer/Kline 1973: 259322 Fischer/Kline to Lindamood 1975: 270608 Lindamood to Dowdy 1985: 359957 Dowdy to Good 1989: 408017 Good to Kinney Kinney Application for Minor Subdivision Review SUPPLEMENTAL INFORMATION SUBMISSION # 3 1. Mineral Rights Extensive research has been completed on the mineral rights associated with the subject property. All documents of record were reviewed at the Garfield County Clerk’s office with the assistance of the Clerk. Those documents are now incorporated into his submission. This research shows no reservation of mineral rights and as such all rights currently track with the property and the Owner, Cynthia Kinney. In the Supplemental Information Submission # 1, a reference was made to a reservation of mineral rights in 1923 by Jean Good. This statement should be stricken, it is inaccurate. 2. Access Driveway An access driveway has been proposed which provides legal access to both Lots 2 and 3. This driveway intersects Cattle Creek Road and has been designed to comply with all applicable County standards. It should be noted that an existing driveway bisects proposed Lot 3, providing access to a lot under separate ownership just uphill of this property (see Plat Map). This would provide physical access to Lot 3 but legal access has not been discovered. The access from the neighboring parcel which connects the driveway to Cattle Creek Road has been found. The easement obviously exists as the lot above the Kinney proposed Lot 3 has changed hands within the last five years and this is the only legal access. It is simply a matter of continued research to find the documentation. The Kinney’s preference would be to use this access and not construct the drive proposed on the plan. If the easement exists and they are beneficiaries this will be the case. If not, they intend to approach the neighbor owning the property between proposed Lot 3 and Cattle Creek and try to secure an easement over the existing road. Since the Kinney’s do not have ultimate control over this access, the submission proposes a legal access to proposed Lot 3 that is 100% in the applicants control providing legal access to both Lots 2 and 3. 3. Cost estimate for proposed driveway and culvert. This cost estimate takes into consideration that Jake Kinney, the applicant’s son and ultimate owner of Lot 3 is an excavator by profession and will do this work himself and is labelled “Cost- Owner. Also, a cost if completed commercially has been provided also even though this is unlikely. Approximately 680 lineal feet of driveway, 12 feet wide with 2 foot shoulders (16 foot wide pad) = 10,880 square feet of pad Task Cost-Owner Cost-Commercial Clear and grub 10,880 square feet By Owner $1,650.00 Excavate per grading – 400 CY By Owner $7,200.00 ¾” Class 6 Road Base – 180 tons $4,350.00 $4,350.00 3 sided concrete box culvert $8,500.00 $8,500.00 Culvert Install By Owner $1,200.00 Total Cost if completed by Owner $12,850.00 Total Cost if Completed Commercially $22,900.00