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HomeMy WebLinkAbout1.0 Application• • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned J? Cut : 2 4 - respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of acre tract of land into tracts of approximately _ acres each, more or less, from the definitions of "subdivision" and "subdivided land" as the terms are used and defined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County Subdivision Regulations for the reasons stated below: -4/3 a L� < __ i; .1 t 4 —, a se• j SUBMITTAL REQUIREMENTS: An application which satisfies the review criteria must be submitted with all the following information: B. k1 £ ,t' ( /O NA G. H. J. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; Vicinity map at a minimum scale of 1 "=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees ofmineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and Evidence of the soil types and characteristics of each type; and Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district; and If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and Narrative explaining why exemption is being requested; and It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. A $300.00 fee must be submitted with the application. Petitioner Mailing Address City State ,9-i 6 Telephone Number , • 1 EXEMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of subdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad) or natural feature, preventing joint use of the proposed tracts, and the division occurs along the public right-of-way or natural feature, such parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable; B. All Garfield County zoning requirements will be met; and C. All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and D. Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; and E. All state and local environmental health and safety requirements have been met or are in the process of being met; and F. Provision has been made for any required road or storm drainage improvements; and G. Fire protection has been approved by the appropriate fire district; and H. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and I. School fees, taxes and special assessments have been paid. (The School Impact Fee is $200.00 for each new lot created). PROCEDURES A. A request for exemption shall be submitted to the Board on forms provided by the Garfield County Department of Development/Planning Division. Two (2) copies of the application maps and supplemental information shall be submitted. B. The Planning Division shall review the exemption request for completeness within eight (8) days of submittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. C. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exemption, to mineral owners and lessees of mineral owners of record of the land proposed for exemption, and to tenants of any structure proposed for conversion. the exemption site shall be posted clearly and conspicuously visible from a public right-of- way with notice signs provided by the Planning Division. All notices shall be mailed at least fifteen (15) and not more than thirty (3)) days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. D. At or within fifteen (15) days of the meeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of approval shall be set forth in the minutes of the meeting or in a written resolution. An applicant denied exemption shall follow the subdivision procedure in these regulations. ACCOUNT 150212 1925 363 00 056 430004.00 EAST ELK & MAIN ELK CREEKS -AG E C S 01/14/94 TAC 015 PAGE 1 PROPERTY RECORD CARD 4000 AGRICULTURAL * VALUE S U MMA R Y * Value By MARKET Land Value Agricultural Land Value Extra Feature Value Building Value Total Value * * * * * * NO LNCODE DESC ADJ1 01 416700 GRA VIII 1.00 * NO BN 01 01 02 01 03 00 04 00 05 00 Notes: CODE 0125 0136 0401 0406 0415 * DESCRIPTION ENC PORCH F/P-AVG. POLE SHED BARN (LOW) GRAIN BIN 1000 BU 00 630 01 3670 05 32050 01 36350 REED, DARREL L. & LILLIAN 004110 S ALE L AND NEW CASTLE 81647 243 RD * LEGAL DESC* 36-4-91 PT OF HES #38 IN E1/2 E1/2 SEC 35 W1/2 W CONT(85.35A)LYN ELY & SLY. EXCEPT A TR SEC 36 CONT (3.72A) DESC IN 565/476 EXCE SEC 36 CONT(12.02A) DESC IN 581/194 & CO DESC IN 588/815. 5-91 SEC 2 A TR IN LOT & PT OF SENE (5.17A). ADJ2 ADJ3 ADJ4 1.00 1.00 1.00 Assessed EXTRA D ATA D ATA * * UNITS T PRICE VALUE 97.220 A 6.44 630 Ratio 29.00% Assessed Value SQ. FT Market Value Agricultural Value Assessed Value DATA * COND AD UNITS PRICE YEAR DT COND ADJ VALUE 267.00 13.50 1955 06 30.00 1.00 1080 Assessed Ratio 12.86% Assessed Value 1.00 2500.00 1955 01 56.34 1.00 1410 Assessed Ratio 12.86% Assessed Value 560.00 3.66 1950 08 30.00 1.00 610 Assessed Ratio 29.00% Assessed Value 1040.00 7.89 1950 08 30.00 1.00 2460 Assessed Ratio 29.00% Assessed Value 1250.00 1.61 1950 10 30.00 1.00 600 Assessed Ratio 29.00% Assessed Value * * * PARCEL CONTINUED * * * 180 0.00 0.00 630.00 180.00 * 140 180 180 710 170 * ACCOUNT 150212 * * • E C S 01/14/94 TAC 015 PAGE 2 BUILDING RECORD CARD BUILDING 01 VALUE BY MARKET ASSESSED RATIO 12.86% Effective Area Effective Rate Base Value Percent Condition Building Value ASSESSED VALUE 1534.00 34.20 52463.00 56.34 29560.00 3800.00 * BUILDING CHARACTERISTICS Improvement Type Appraisal Model Architectural Style Exterior Wall 1 Exterior Wall 2 Roof Cover Roof Structure Interior Wall 1 Interior Wall 2 Floor Type 1 Floor Type 2 Heating Fuel Heating Type Air Conditioning Construction Quality Structural Frame Ceiling & Wall Finish Size/Shape UD 1 UD 2 UD 3 UD 4 UD 5 UD 6 UD 7 UD 8 Notes: * * 4277 01 90 03 00 05 03 02 00 08 14 03 05 01 02 02 00 2 00 00 00 00 00 00 00 00 FARM/RANCH SFR 1 1/2 STRY BELOW AVG 100 NONE 0 CORG METAL GABLE WALL BOARD 100 0 SHT VINYL 40 CARPET 60 GAS HOT WATER NONE FAIR WOOD FRAME NA SLGHT/IRRG * Number of Stories Number of Baths Number of Fixtures Number of Rooms Number of Units Number of Bedrooms Percent Common Wall Average Wall Height Perimeter Bldg Index Neighborhood Index Overall Index * * DEPRECIATION Actual Year Built Effective Year Built Depreciation Table Economic Obsolescence Functional Obsolescence Special Condition Code Special Condition Percent Condition * AREA CALCULATION SUMMARY No Subarea % Actual 01 FEP 0 98 02 OWH 130 772 03 FEP 0 169 04 ONE 100 112 05 ONE 100 240 06 FHS 30 592 Area Totals 1983 Effect Heated FPrint FP 0 1004 0 112 240 178 1534 0 0 N 772 772 Y 0 0 N 112 112 Y 240 240 Y 592 592 Y 1716 1716 * * * 1.5 1.0 5.00 6 1 3.00 0 0 0 63 1.20 75 1921 1955 01 0.00 0.00 0.00 56.34 * Value 0.00 19345.35 0.00 2158.05 4624.39 3429.75 29557.54 ACCOUNT 150212 • E C S• 01/14/94 BUILDING RECORD CARD +---13---+ IFEP I I I 1 1 3 3 I I I I + -+----+6----+---14---+ IOWH IFEP I I I I I I I I +---14---+ I I I I I 1 I 4 3 I 7 I I +----15---+ I IONE I I I I I I I I 1 1 I 6 6 I I I I I I I I I +----14---+ ----15--+ IONE I I I I I + ----14--+ FEP=W14 S7 E14 OWH=W14 N7 W16 FEP=E8 N13 W13 S13 E5$ S37 E15 ONE=W14 S8 E14 N8$ N16 E15 ON E=W15 S16 E15 N16$ N14$ N7$ FHS=592$. * * * * TAC 015 PAGE 3 ACCOUNT 150212 • E C S SUMMARY INFORMATION 01/14/94 * * * ABSTRACT SUMMARY* ABSTRACT CODE TAC 015 PAGE 4 * * ACTUAL VALUE ASSESSED VALUE 3800 5360 * * MISCELLANEOUS REMARKS NO DATE APPRAISER ENTRY? DATE CHANGED * * * END OF PARCEL OFFICE OF THE STATE ENGI Division of Water Resources Department of Natural Resource 1313 Sherman Street, Room 818 Denver, Colorado 80203 e Phone (303) 866-3581 FAX (303) 866-3589 FVEB "2 2 ki`iaLD�i Mr. Dave Michaelson Garfield County Building and Planning 109 8th Street, Suite 303 Glenwood Springs, CO 81601 • ESTATE OF COLORADO February 16, 1994 RE: Reed Subdivision Exemption NE 1/4, Section 2, T 5 S, R 91 W, 6th P.M. Water Division 5, Water District 39 Dear Dave: Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer Thank you for the referral for a subdivision exemption on an 97.766 acre parcel. The applicant proposes to split the existing parcel into two parcels of 16.84 acres and 80.82 acres. Only the 16.84 acre parcel is subject to the County's exemption process. An individual well is proposed as the source of water service to the 16.84 acre parcel. Our records indicate an application for a household use well permit (receipt no. 363275) was submitted to this office on December 13, 1993, and was returned to the applicant for additional information on January 6, 1994. This office previously commented on a proposed exemption near the location of this present proposal on February 20, 1981. That previous proposal, identified as the "Reed Exemption", involved the split of a 160 acre parcel into two parcels of 150 and 10 acres. Pursuant to Section 30-28-136(h)(I), C.R.S. 1973, the State Engineer's Office offers the following opinion for your consideration regarding material injury to decreed water rights and the adequacy of the proposed water supply: Under current statutes and policies, we could issue a household use only well permit for the 16.84 acre parcel subject to the following conditions: 1. The property has not been previously subdivided or exempted since 1972. We consider this as a one-time exemption and will not make additional permits available for future splits of either the 16.84 acre parcel, or splits of less than 35 acres of the 80.82 acre parcel. 2. The well permit which will be available will be limited to use inside one single-family dwelling only. Outside use for lawn and garden irrigation or livestock/domestic animal watering is prohibited. Plat notes and covenants should reflect this limitation. 3. The applicant should provide proof that an evaporative wastewater system will not be required. We could not issue the well permit if any evaporative system is required. • • Mr. Dave Michaelson Page 2 February 16, 1994 4. Prospective lot purchasers should be made aware of the limitations on water use and other information contained in this letter. We recommend that a copy of this letter be given to lot purchasers. Copies of this letter and the county approved plat map (with appropriate signatures) should be submitted with the well permit application(s). Based on the above, the proposed water supply appears adequate, and there is a presumption of no material injury to decreed water rights. Should you have further questions or comments regarding the water supply for this project, please contact this office at the above address. Sincerely, Jeff Deatherage Water Resources Engineer cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner reed.sub RICHARD D. LAMM Governor 11 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street - Room 818 Denver, Colorado 80203 Administration (303) 839-3581 Ground Water (303) 839-3587 February 20, 1981 Mr. Davis Farrar Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Reed Exemption Dear Mr. Farrar: J. A. DANIELSON State Engineer We have reviewed the material submitted for the above referenced application for exemption. The developer proposes to use wells for the water supply which would intercept ground water tributary to Elk Creek at a point where there is still water available for appropriation. This office can issue individual domestic well permits to individual lot purchasers and we recommend approval of this proposal. Very truly yours, .Zie 4 • Hal D. Simpson, P.E. Assistant State Engineer HDS/GDV:pkr cc: Lee Enewold, Div. Eng. Land Use Commission Ralph Stallman WP.) -5 ''ev. 76 , . �. Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLO.() DIVISION OF WATER RESOURCE 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 RECE f VFD PERMIT APPLICATION FORM (X) A PERMIT TO USE GROUND WATER (ys) A PERMIT TO CONSTRUCT A WELL FOR: (A) A PERMIT TO INSTALL A PUMP DEC 13'333 WATER RESC!! ( ) REPLACEMENT FOR NO. ( ) OTHER WATER COURT CASE NO 1P) :.1 17 (1) APPLICANT - mailing address NAME 1RIfl i I VRR J STREET 31 70— (I3 R + ,1 V CITY l�� E-0 1 Sr te, C� 0 8 t (o (i ((`State)) I (Zip) TELEPHONE NO (C)3) `I i`t - ;3i 1 5 (2) LOCATION OF PROPOSED WELL County G n Q_Y' J E. LI) IVC 1/4 of the Twp.i _ 1 Rng. IN,si '/A Section a 9 /rci/E! N(/'3 (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet) • a P.M. 14,5 2 Number of acres to be irrigated: 0 Proposed total depth (feet): Aquifer ground water is to be obtained from: eLA: ynk7UI Owner's well designation GROUND WATER TO BE USED FOR: ()(1 HOUSEHOLD USE ONLY - no irrigation (0) ( 1 DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( 1 COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (1 1) (4) DRILLER Name J i1l i oc? Street City_ A5n(_T `c) P, 1 lad. I tate) (Zip) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN, Receipt No.34 3 a 7 Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant 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. 7)n /i ( �c -1 7 ".,!;,:= Q -1 e ,n Itchx" 1/0 APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE BY (STATE ENGINEER) /- �. e. (5) THE LOCATION,O THF OPOSED WELL and the area on which the water; will '.be•Ised)must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + —-4 NORTH T i- A- _ +1 -I- — -I- — -F — -{- — -+ .1,4 . "1 MI5280 FEET :. , � , LE, ,, . ++ ±• 1— W 2 J 2 0 H 0 w N 1— N w NORTH SECTION LINE f I I )( I 1I II UTH SECTION LINE m 0 m r) 1 O 2 r_. Z -+ -I- -1- + -1- 4 4 -}- + -i- 1 1 I 1 I 1 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) Ti-[ WELL MUST BE LOCATED BELQW., by distances from section lines. - ' p- S h ft. from k) O(LTH sec. line (north or south) 800 ft from EAST sec line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner33R 1 x:11.1 IzeJS No. of acres 1 t0 . t Will this be the only well on this tract' \� (8) PROPOSED CASING PROGRAM Plain Casing 7 in from 0 ft to ft Lc in from ZS ft to 350 ft Perforated casing 5 in from :350 ft to (100 ft in from ft to ' `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: /v74- (10) LAND ONiWHICH GROUND't�WATER WILL BE USED: /I � Owner(s) : R I �1�1 t -4-1 q Ie. i No. of acres- l lD .8 Legal description: (5EE tr'1 -A C WET) 5 (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. on (15E_ vitt ,0 Lase not Li W )n-) A 133 C!rnj fPI'1?rtit SEPr1C. 1=4 kJ CrAe.H Pi Et . (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE PLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRU O THE BEST OFHIS KNOWLEDGE. 2 4,)- 9-93 SIGNAT E OF APPLICANT(S) Use additinnil sheets of nnn'r if mnro m?rp �n ii nrl • r STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 January 6, 1994 MEMORANDUM TO: DWIGHT WHITEHEAD, WATER COMMISSIONER - WELLS FROM: JEFF DEATHERAGE, ENGINEER 3-A) SUBJECT: APPLICATION RECEIPT NO. 363275, BRIAN HARRIS Roy Romer Governor Ken Salazar Executive Director Hal D. Simpson State Engineer As requested, I am returning this application for proof of either a parcel creation date prior to June 1, 1972, or verification that this parcel was created as an exemption from the definition of a subdivision by Garfield County. Since it appears approval of an exemption for this parcel is currently pending, please have the applicant resubmit this application once an exemption has been approved. A copy of the county approved survey plat (with all required signatures) should accompany the returned application. If Garfield County needs additional information from this office before they can take further action on this proposed exemption, they need to submit a copy of the exemption proposal to this office for comment. A review of our records on this date did not indicate that we had received any request for comments from the county concerning this split. Thank you for your assistance. Let me know if you need any additional information. /jd enclosures DIVISION OF WATER RESOURO P 0 Box 396 " ,Glenwood Springs, CO 81602 4 Phone: 303-945-5665 FROM: DW . WHITEHEAD, WAT COMMISSIONER (WELLS) DATE RETURNED: /// 7� APPUCANP. /,f4 Ale s� ,e -� RETURNED TO: APPUCANIT(�WELL DRILLER Receipt No., ( ) AGENT( ) ATTORNEY( ) RE: Well Permit Application Your application for a well permit la being returned for the reason(e) indicated below. The additional data and corrections which we are requesting will aid us In the evaluation of your application. Prompt completion or correction ofi t, items checked and the Immediate resubmittal of the corrected application to this office will expedite its processing. Please make corrections on the application, NOt on this Ilyer. Thank you for your attention. When making telephone Inquires regarding this application, please reference the above receipt number. &voeuon teen toe, ( ) All Items on the application must be completed. The following items were left wank -- . Attached Is an Instruction sheet for reference, 2. 0, 10 ( ) The 1/4 of 1/4 (Item 2) does not agree with distances from section lines (item 6), Dlstanoea plane well In 1/4 of 1/4. 3, 11 ( ) For a HOUSEHOLD U3E ONLY WELL, as Irrlption for lawn or strain h allowed. ('zero') 3, 11 ( ) For a DOMESTIC WELL, no mare than (1) acre of lawn or gardens can be Irrigated. 6 ( ) Distances from section lines, not praparty Tines, must be shown. 9 ( ) For replacement wells, the old existing well must be plugged and abandoned according to rules and regulations. Please Include the distance and direction from the old well. 10 ) If this well Is to be the only well on 35 acres or more, pLFASE ATTACH A FULL METES AND HOUNDS PROPERTY DESCRIPLIOfj 4n SURVEY for the 36 t ucru tract. This survey shoukl clearly Indloate a tie to a Section corner or point readily discernable on a 11.8.0.5., (scale 1'm2,000') 7.6' topographic map. 13 The signature of the applicant Is required on the application. If someone other than the applicant IsAtas signed the application, then the application mint be accompanied by a signed letter from the ar plloan( authorizing the Individual signing the appllcatlon to act as 'agent' for purposes of obtaining a well permit(s) for the subject property. For registration of existing wells, the existence of this well arid Its historic and/or proposed use MUST se VERIFIED BY A nun INSPECTION. Please contact the Water Commissioner or Division Office listed below to make arrangements to have the inspection conducted. The completed field Inspection report should accompany thls application when it Is resubmitted to this office for evlew. PLEASE INITIAL ALL CHANGES • PRINT CORRECTIONS IN BLACK INK C0: ( ( ( Other /I{ e j .S c tL ;z7e- n' c /-e X7` t! i - C G O et, c / - ' v c r Form gen'I.ret THE REED RANCH "100 ACRES OF PARADISE" Presented By: COATES REID AND WALDRON/MID-VALLEY BROKERS REED RANCH - 100 ACRES OF PARADISE 4110 COUNTY ROAD 243 (MAIN ELK CREEK ROAD) NEW CASTLE, COLORADO 81647 100 ACRES OF MAIN ELK CREEK RANCH... Excellent water rights, fishing, magnificent views, all usable acreage. Borders beautiful public lands. Seven minutes to town. ASPEN MLS #23443 GLENWOOD MLS #3159 For more information, please call 01% Listing Broker, Judie Day Boyd, at (303) 963-2211 or 963-1218 VWCOATES REID &WALDRON El Jebel Office Independently owned and operated by eup STASMORE REALTY, INC. Mid -Valley Office • 19218 Huey. 82, Orchard Plaza, Suite 201, Carbondale, CO 81623.303.963-2211• FAX 303-963-2552 NOTICE TO PROSPECTIVE PURCHASERS: COATES. REID & WAIDRON/STASMORE REALTY. INC_ Its agents and broken are acting as .genu of the Seller with a responsibility to represent Sellers Interests. Data sheet • All information contained herein is deemed reliable. but not guaranteed. Subject to errors. omissions. prior sale, changes or withdrawals without notice. DIRECTIONS TO REED'S 100 ACRES Take 1-70 West to the New Castle Exit (nine miles from Glenwood Springs). Turn right, go to stop sign and turn left. Go into the town of New Castle to 7th Street (toward the end of Main Street) and turn right. Follow road approximately 4.45 miles as it curves around town and follows Main Elk Creek. Turn right up the Main Elk Creek Canyon Road and proceed 3.6 miles. Property begins on right (first Coates, Reid & Waldron sign is just inside property line). At 3.75 miles you will see another CRW sign and arrow. Turn right onto Easement Road (also known as Chokecherry Lane). Property lies on both sides of the creek. WELCOME TO PARADISE!!! *Easement Road also accesses a house on small acreage on other side of creek. That house is not on subject property. COUNTY ROADS FROM WEST GLENWOOD 'P0 RIFLE - z1 o 230 27Z 230 271 277 219 2'l5 278 230 295 239 Z75 216 7;3 707- zed Z$3 ikgtrPA� 21-15 219 243 zy5 241 131. 137 295 - NEW 139 GN5rLE (37 HI&Su3Fy. W 7c <1UHNce '90 298 �5 N IGIl wA`7 0 (-10 3� 754 3�+ 317 RIFLE 4WCUA1E$ REID &WALDRON 335 347 311 31y `134 El Jebel Office Independently owned and operated by STASMORE t REALTY, INC. Mid -Valley Office • 19218 Hwy. 82, Orchard Plaza. Suite 201. Carbondale, CO 81623.303.963-2211• FAX 303.963.2552 NOTICE TO PROSPECTIVE PURCHASERS. COATES. REID & VAIDQON/STASMORE REALTY. INC. Its agents and broken are acting as agents of the SefIcr .tth a responsIbUiry to represent Seller's Interests. Data sheet • All information contained herein is deemed ro4b0.to w.r . ...__ �... _ . _ _ -- _ -. REED RANCH 4110 COUNTY ROAD 243 (MAIN ELK CREEK ROAD) NEW CASTLE, COLORADO 81647 LOT SIZE: 100 + ACRES TAXES: 1992 - $388.76 (entire ranch) ASSOCIATION DUES: NA SEWER: Install Septic ELECTRIC: Public Service WATER: Drill Well GAS: LP SURVEY: New survey upon acceptance of offer ZONING: ARRD PLAT: Yes TERRAIN: Flat, gently rolling, mature trees, creek, Lush meadow. INCLUSIONS: Water rights - 1 1/2 CFS, Clinetop Ditch - More Available. Underground irrigation piping throughout property Piping not warranted by Seller. CO-OP COMMISSION: 3.5% PRICE: $650,000. Build your very own "Ponderosa" on this incomparable acreage. Catch fresh fish out your back door or saddle your horse and ride the trails for hours or days. A VERY ACCESSIBLE PARADISE, TEN MINUTES TO TOWN ON A WELL MAINTAINED PAVED COUNTY ROAD. For more information, please call Listing Broker, Judie Day Boyd, at (303) 963-2211 or 963-1218. 4W COATES REID &WALDRON El Jebel Office independently owned and operated by STASMORE t REALTY, INC. i,rr,bini=tit t UTT I0<<'i'1F WIT73T1 1 1 rir 1.2 • 9.3.2211• AX 303 963- LUSH IRRIGATED MEADOWS...for hay and livestock. Horse Heaven could do no better!!!! II% Brown, Native and even Rainbow Trout are found consistently in this pristine creek... 411P COA ES REID &WALDRON El Jebel Office Independently owned and operated by STASMORE9 REALTY, INC. Mid -Valley Office • 19218 Hwy. 82, Orchard Plaza, Suite 201, Carbondale, CO 81623.303-963-2211 • FAX 303-963-2552 NOTnce TO PROSPECTIVE PURCHASERS: COATES. REm & WALDRCMI/STASMORE REALTY. IMC_ Its ,gents and brokers arr,eting as ,gents d the Seller with • responsibility to represent Seller's Interests. Data sheet • All information contained herein is deemed reliable. but not guaranteed. Subject to errors, omissions. odor sale rha nos._.....,..:,.- A beautiful building site viewing your ranch and beyond, is at the apex of this draw. Underground irrigation is in place to make this "lush meadow" once again. ANA .year round warm spring keep fish and wildlife content and at your door. 1St COATES REID &WALDRON El Jebel Office Independently owned and operated by STASMORE 7 REALTY, INC. Mid -Valley Office • 19218 Hwy. 82, Orchard Plaza. Suite 201. Carbondale. CO 81623. 303.963.22110 FAX 303.963.2552 NOTICE TO PQOSPCCTrVE PUQCIIASEPS- COATES. Qfm 6 WAID VON/STASMOQf QfAI.TY INC. Ita..en. .nd bro.m art .ctin, ...Qmla d tn. Seiler with. respor.Iblierr to r<pr esem Selle(. Int`ran. ABOUT LIVING HERE.... Young Darrel Reed decided in the early 50's that Denver was getting "too crowded" and he wanted a "better place" to raise his family. He and his wife Lillian packed up, sold their business's in Denver, moved to Woody Creek, and leased a ranch on McClain Flats to raise cattle and hay. Although at one point that ranch was offered to the couple, they decided there was just TOO MUCH SNOW there. In 1957 Darrel found the "perfect" place. To this day he'll tell you it was the "best thing we ever did." He picked out a "Piece of Paradise" on Main Elk Creek and on December 10, 1957 they moved to this special place. Lillian remembers that day as they drove up the road. "Maybe it was the deer that stopped to look at us" she recalls, "or the way the sun hit the Red Canyon wall and danced off the glistening snow. Whatever it was, Mrs. Reed knew she was "home." Lillian will nod in agreement as Darrel describes this place as the most "peaceful, quiet and beautiful" place in the world. This is where they raised their four children, where Darrel fed his stock with a horse drawn sleigh in the winter time with their children and friends along for the ride. Occasionally a family of Big Horn Sheep would come to dine with the horses. And of course, one of the main reasons Darrel loved this place so... was the fantastic fishing. However he admits ranching took up most of his time so he seldom had the chance. But he'll also smile as he says "We've has so much fun here ". There was always so much to do and see - an abundance of wildlife, elk, deer, bighorns, mountain lions and even nesting bald eagles. Even during those winters when the Reeds' were the only family left on the Creek, this was always a place and source of beauty and peaceful sustenance and has remained so throughout their lives. It is a very special place that the Reeds' are willing to share with you. Al% 41P COMES REID &WALDRON El Jebel Office Independently owned and operated by STASMORE k REALTY, INC. Mid -Valley Office • 19218 Hwy. 82, Orchard Plaza. Suite 201. Carbondale, CO 81623 •303-963-2211• FAX 303-963-2552 NOTICE TO PROSPECTIVE PURCHASERS, COATES. REID & WAIDRON/STASMORE REALTY. INC.. Its agents and broken are scttng a agents of the Seller with s responsibility to represent Selids Interests. Data sheet • All information contained herein is deemed reliable. but not guaranteed. Subject to errors. omissions. prior sale. changes or withdrawals without notice. !A' 70 THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN GARFIELD COUNTY, COLORADO A tract of land situate in Sections 26 and 35, Tp. 4, S., R. 91 W., 6th P. M., begng H. E. S. No. 53, more particularly described as follows, to -wit: Beginning at Corner No. 1 whence the SW corner of Section 2, Tp. 5, S. R. 91 W., 6th P. M., bears S. 19°9'17" W. 11+0.19 chains thence N. 1644' E. 26.19 chains to corner No. 2, thence N. 51°40' E. 6.50 chains to corner No. 3, thence N. 11°38' W. 29.37 chains to corner No. 4, thence N. 60°27' E. 17.07 chains to corner No. 5, thence U. S. L. M., H. E. S. No. 54 bears N. 8°10' E. 0.85 chains, thence S. 9°47' E. 22.50 chains to corner No. 6, thence S. 15°55' E. 17.29 chains to corner No. 7, thence S. 78°39' W. 16.87 chains to corner No. 8, thence S. 1°48' E. 27.96 chains, to corner No. 9, thence N. 75°23' W. 14.95 chains to Corner No. 1 the place of beginning, containing 88.63 acres, more or less. Also a tract of land situate in Sections 35 and 36, Tp. 4, S., R. 91 W., 6th P. M., and more fully described as follows, to -wit: Beginning at corner No. 1 whence the SW corner of Section 2, Tp. 5, S., R. 91 W., 6th P. M., bears S. 43°19'20" West 109.89 chains, thence N. 3° W. 20 chains to corner No. 2, thence N. 32° W. 8.50 chains to corner No.._3, thence N. 17°30' W. 13 chains to corner No. 4, thence N. 2° E. 6.8 chains to corner No. 4A, thence N. 78°39' E. 18.8 chains more or lest " to corner No. 7A, thence S. 15°54' E. 52.04 chains to corner No. 8, therie� N. 89°50' W. 23.50 chains to the point of beginning, containing 101.19,- - acres, more or less. Also, Lot 4, Section 1, Tp. 5, S., R. 91 W. 6th P. M.,and a trac- ��" of land situate in Lot 1 Section 2, Tp. 5, S., R. 91 W., 6th P. M.,"a more particularly described as follows, to -wit: {_- Beginning at the NW corner of said Lot 1, thence S. along the West #•`. boundary of said Lot 1, 830 feet, thence easterly 450 feet more or less !1, -,"--",to . the East bank of Main Elk Creek, thence S. along the East bank of_mi Creek to the South boundary line of said Lot 1, thence East to the corner of said Lot 1, thence North to the NE corner of said Lot 1, . .. hence West to the NW corner of said Lot 1, to the ..rj,_:�.point of beginning. '-'4,;7Also a rectangular tract of land situate in the SE4NE1 of Section 2, 5, S., R. 91 W., 6th P. M., and more particularly described as __ ollows, to -wit: Beginning at the point of intersection of the East bank of Main Elk reek with the North boundary line of said SE -SNE; in Section 2, thence South along the East bank of Main Elk Creek to the North side of Shafto t. `private bridge where it crosses Main Elk Creek, thence East to the East \boundary line of said Section 2, thence North to the NE corner of said SE, -SNE* and thence West to the place of beginning. ' Together with any and all ditch and water rights belonging to, used lon or in connection with the above described lands, including, but exclusive, all the right, title and interest in and to the Clinetop,... Y 'i and 0 76 /475<-/ 7600 x68/6 V / \ C 850 l v} r8.1/ � U �� 0, !\- 7 8. V, k I 1 mss`\ \ • m i1 1\ QI , t t a�5a 2> I p ;'1: RIVER A,ZIONAL FOR ES t�tot—� 2 7- ( Ir A �• FLA 71 W' 1 T a P IA H V.,"10.1" ke co// M)'J '1 MW#J. Spring 14.0 as a woodworking shop, although it is unclearf the woodworking z would be operated as a business. Home occupation is defined as "any 3 use for gain or support carried on as an accessory use within a 4 dwelling or in a building accessory thereto, wherein such use would 5 not create the appearance or impact of a commercial activity" 6 (Section 2.02.29). No other performance standards or parameters 7 addressing home occupations are found in the Zoning Resolution. Dave 8 said that in the past, a variety of activities have been approved as 9 home occupation Conditional Use Permits, including art studios, 10 professional offices, catering kitchens, beauty shops, snowmobile 11 repair, and electrical contractor's facilities. Based on the 12 operative definition, the primary issue is whether the applicant's 13 use would "create the appearance or impact of a commercial 14 activity". In Staff's opinion, the proposed use is consistent with 15 Section 2.02.29 for the following reasons: (1) the property is in 16 excess of seven acres in size, minimizing potential impacts to 17 adjacent property owners; (2) all impacts will be limited to the 18 inside of the structure; and (3) traffic impacts would be minimized, 19 no employees besides the applicants are associated with the 20 operations of the magazine (freelance writers occasionally are 21 involved in the magazine although copy is usually delivered via mail 22 or fax). Conditional Use Permits may be approved outright or 23 conditionally approved subject to conditions. There is no provision 24 for denial of a Conditional Use Permit in the Zoning Resolution, said 25 Dave. Staff recommends approval subject to the following Conditions 26 of Approval: 27 1. All representations of the applicant, either contained in the 28 application or stated in the Public Meetings, shall be considered 29 Conditions of Approval unless otherwise stated. 30 2. Any expansion or modification of the home occupation, above or 31 beyond the representations within the application, shall require 32 the applicant to file a new Conditional Use Permit application. 33 Commissioner Smith made a motion approving a Conditional Use Permit 34 for a Home Occupation to Barry and Jane Till, with all the issues, 35 concerns, findings, and recommendations of Staff, including two 36 Conditions of Approval; Chairman Arbaney stepped down to second the 37 motion; carried. 38 RADIO FREQUENCIES: LOOKOUT AND CALIHAN 39 Chuck Deschenes said that the County could put in two sites, Lookout 40 and Calihan, for $20,000. These sites could give approximately 85% 41 coverage for the valley. The best coverage is from Corral Peak, 42 which is solar powered, and the building there may need some 43 expansion. 44 PUBLIC MEETING FOR A SUBDIVISION EXEMPTION LOCATED THREE MILES NORTH 45 OF CO RD 243 AND CO RD 245; APPLICANT: DARREL AND LILLIAN REED 46 Darrell and Lillian Reed were present. Dave Michaelson determined 47 that notice of the Meeting was adequate. Chairman Arbaney entered 48 these Exhibits into the record: "A", return receipts; "B", Staff 49 Report; "C", Garfield County Subdivision Regulations of 1984; "D", 50 2/16/94 letter from the State Engineer. Dave said that the 97.766 51 acre parcel is located in S2, T5S, R88#, on the west side of CO RD 52 243, approximately three miles north of the intersection of CO RD 243 53 and 245. Water is by a well, access is via CO RD 243, and existing 54 and adjacent zoning is A/R/RD. Dave said that the subject property 55 is located in District C --Rural Areas Minor Environmental Constraints 56 as shown on the Garfield County Comprehensive Plan Management 57 Districts Map. The Reed parcel is located up Main Elk Creek, 58 approximately one mile south of the White River National Forest 59 boundary. There are a number of structures on the 80+ acre parcel 60 east of CO RD 243. No structures are currently in place on the 61 exemption parcel. The Reeds are requesting an exemption to create a 62 16.840 acre parcel that is split from the remaining 80+ acres by CO 63 RD 243. Section 8:10 states that the Board may approve a total of 64 four lots, parcels, interests, or dwelling units, as that parcel was 65 described in the records of the Garfield County Clerk and Recorder's 66 Office on 1/1/73. The exemption parcel is being requested due to the 67 natural split of CO RD 243. Dave said that the applicant has applied 68 for a well permit. The State Engineer does not have any problem with 69 the permit; however, the use needs to be limited to one single-family 70 dwelling unit, with no outside irrigation. The State Engineer said Page 10 he considers thia one-time exemption, and e11 not make additional !Orr well permits available without augmentation. Sewage disposal will be 3 handled by ISDS. The predominate soils on the site include the Begay 4 type which has only moderate constraints to home site development and 5 ISDS. The Lincoln-Devore mapping did not include the upper Elk Creek 6 drainage. Staff recommends approval, but of only one additional lot, 7 subject to the following conditions: 8 1. All representations of the applicant shall be considered 9 Conditions of Approval unless otherwise stated by the applicant. 10 2. -The applicant shall have 120 days to complete the required 11 Conditions of Approval. Extensions of 120 days may be granted by 12 the BOCC for a period of up to one year. 13 3. The applicant shall submit $200 in School Impact Fees, prior to 14 the signing of an exemption plat. 15 4. A final exemption plat will be submitted, indicating the legal 16 description of the property, dimension and area of all proposed 17 lots or separate interests to be created, access to a public 18 right of way, and any proposed easements for drainage, 19 irrigation, access, and utilities. 20 5. A driveway permit shall be obtained from the Road and Bridge 21 Department prior to signing of a Final Plat. 22 6. Control of noxious weeds is the responsibility of the property 23 owner. 24 7. Plat notes will read as follows: 25 a. The well permit is constrained only for a single-family 26 dwelling unit with no outside irrigation. 27 b. No further well permits will be allowed on either parcel 28 without augmentation, prior to the well permit. 29 8. The recommendations of the Colorado State Forest Service Wildfire 30 Prevention Guidelines, specified by the pamphlet "Wildfire 31 Protection in the Wildland Urban Interface" (CSFS #143-691) 32 shall be followed in the construction of all structures. No 33 combustible roof materials may be used within the exemption. 34 Commissioner Smith made a motion approving a subdivision exemption 35 for Darrel and Lillian Reed with all the issues, concerns, findings, 36 and recommendations of Staff, including eight Conditions of Approval; 37 Chairman Arbaney stepped down to second the motion; carried. 38 ISTEA (INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT) APPLICATION; 39 SIGNAGE AT NO NAME EXIT 40 Andrew McGregor, 806 Cooper, Glenwood Springs, of the Glenwood 41 Springs' Planning Department, said that that Department completed its 42 ISTEA application for the next funding cycle. He gave a copy of the 43 application to the BOCC. Commissioner Smith told Andrew about the 44 proliferation of signs at the No Name exit, and said the City of 45 Glenwood needs to be involved in the solution of that problem. The 46 Forest Service will improve the parking lot at the trailhead. Jersey 47 barriers are needed there, and vegetation to strengthen the gabions 48 was ineffective. 49 PUBLIC HEARING FOR A SPECIAL USE PERMIT, LOCATED NEAR THE WEST RIFLE 50 EXIT ON I-70; APPLICANT: ROCKY MOUNTAIN NATURAL GAS 51 Chairman Arbaney swore in all who wished to speak. Don DeFord 52 questioned Jim Krohe, a representative from Rocky Mountain Natural 53 Gas, and determined that notice was adequate for the Hearing to 54 proceed. Lawrence Corde, Counsel to Rocky Mountain Natural Gas, was 55 present. Chairman Arbaney entered these Exhibits into the record: 56 "A", proof of publication; "B", return receipts; "C", Staff Report; 57 "D", Colorado Department of Transportation (CDOT) permits; "E", 404 58 Permit; "F", Railroad Crossing permit. Dave said that Rocky Mountain 59 Natural Gas Co. and Public Service Co. of Colorado are requesting the 60 permit to construct a 12" steel natural gas pipeline near the 61 Rifle/I-70 interchange. The permit is being requested for a short 62 section of the pipeline that will extend from a point north of the 63 D&RGW railroad tracks to the south side of the Colorado River. The 64 segment is part of a larger project that will eventually extend from 65 Rifle to Avon. The applicants are requesting approval for only this 66 portion due to construction constraints placed on the project by BLM 67 and Fish and Game. Completion of this section, consistent with these 68 requirements, must be completed by 4/1/94. An additional application 69 will be submitted to the County at a later date. The applicants have 70 submitted easement agreements for the pipeline from all affected Page 11