HomeMy WebLinkAbout1.00 General Application MaterialsGøffield County
LAND USE CHANGE PERMIT
APPLICATION FORMCommunity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(97Ols4s-82t2
www.garfield-countv.com
TYPE OF APPLICATION
Development in 100-Year Flood lainAdministrative Review
l_l Development in 100-Year Floodplain VarianceLimited lmpact Review
Code Text Amendmentrlmact Review
nrng
Zone DistrictEPUD EPuo Amendment
n Rezo
LIR l-lMIR
Approved LUCP
nsup
ents to an
Administrative I nterpretationMinor Tem Housi Facility
Appeal of Administrative lnterpretationVacation of a County Road/Public ROW
as and Activities of State lnterestLocation and Extent Review
Accommodation Pursuant to Fair Housing Actl_lComprehensive Plan Amendment
nanceipeline Devel t
me Extension (also check type of o nal ication)
INVOLVED PARTIES
Owner/Applicant
Name:Phone:l)
Mailing Address
City:State: Zip Code:
E-mail:
Representative (Authorization Required)
Name:Phone:t)
Mailing Address:
City:State: Zip Code:
E-mail:
PROJECT NAME AND TOCATION
Project Name:
Assessor's Parcel Number:
Physical/Street Address:
Legal Description:
Zone D¡str¡ct:Property Size (acres):
Karl and Carrie Buhlman 970 390-9122
9404 Highway 325
Rifle CO 81650
carrie.buhlman@gmail.com
The Tipi Hideaway
9404 Highway 325 Rifle, CO 81650
4.83 acresRural
9 3 7 0 0 6 404212
Section: 27 Township: 4 Range: 92 A TR IN SWSE BEG. AT A PT. IN THE C/L OF CRK.
Same
Proposed Use f From Use Table 3-4031:
For Appeal of Administrative lnterpretation please include:
1. The Decision you are appealing.
2. The date the Decision was sent as specified in the not¡ce (date mailed).
3. The nature of the decision and the specified ground for appeal. Please cite specific code sections
and/or relevant documentat¡on to support your request.
4. The appropriate appeal fee of 5250.00.
5. Please note a completed Appeal Application and fees must be received within 30 calendar days
Existing Use:
Descriptlon of Project:
final written Administrative n.
PROJECT DESCRIPTION
REQUEST FOR WAIVERS
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
Signature of Property Owner or Authorized Representative, Iítle Date
OFFICIAL USE ONtY
File Number: _ _Fee Paid: S
Submission Requirements
tr The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section:
Section:
Section:
Section:
Waiver of Standards
tr The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section
Section
Section:
Section:
Household Use
Vistor Accomadation and Household Use
Land use change to allow for 4 tipi's on the property
Access Driveway Standards
Traffic StudyWater Supply
01/27/2023
BUHLMAN TIPI PROJECT NARRATIVE
Limited Impact Review – Land Use Change Permit
January 27, 2023
Garfield County Commissioners and Planning staff,
As required by the Garfield County Land Use and Development Code (Code), this narrative is provided to
not only describe our project, but also reflect how the project complies with the Development Code and
the Garfield County Comprehensive Plan.
Project Description:
The landowners are proposing to locate four (4) tipis on the southeastern portion of the property. The
purpose of the facility is to provide a passive form of low-impact/recreational encampment similar to a
quiet campground or dispersed rural campsites. These tipis will each be placed on their own concrete
slab. Elements of the operation include:
1. Seasonal operation starting May 1 and ending October 30 of each year
2. Maximum stay per guest will be limited to three (3) weeks in any calendar year
3. “Quiet hours” will be enforced between the hours of 10:00 pm and 8:00 am
4. The owners (or other site supervisor) will be on-site when the tipis are rented
5. Exterior lighting will only be on during the rental season and will consist of downcast, opaquely
shielded fixtured and the bulb/source will not be visible beyond the property line
6. The port-o-let will be located as shown on the site plan. Such amenity will be the sole means of
sanitary service
7. No special events will occur on the site as part of this use. Guests are limited to those who are
renting the tipis
8. A total of four parking spaces will be provided (one per tipi).
9. Improvements/amenities are limited to: Four tipis on concrete pads, one port-o-let, four
parking spaces, access drive from the existing driveway to the parking spaces, a central fire pit,
BBQ’s, and picnic tables
10. All dogs will remain on-leash
11. The discharge of firearms by tipi guests will not be permitted
Article 7/Impact Analysis:
To determine compatibility with the County’s standards and the surrounding landscape, we offer the
following information:
1. Wildlife Impact. According to the information available on the CPW Wildlife Species Map
Application, the following critical wildlife habitat concerns are addressed.
https://cpw.maps.arcgis.com/apps/instant/interactivelegend/index.html?appid=b3e1f4c17e984
81c85f9683b02e91250
a. Elk. The property lies within the Elk Winter Concentration Area. The operation will be
closed during the winter months and, if required, any other times of importance.
b. Mule Deer. The property lies within the Mule Deer Winter Concentration Area and
Severe Winter Range. The operation will be closed during the winter months and, if
required, any other times of importance.
c. Bald Eagle. The property lies within the Bald Eagle Winter Forage Area. The operation
will be closed during the winter months and, if required, any other times of importance
2. Waterbodies. Guests will avoid any riparian areas on the site.
3. Natural Hazards. The portion of the property accessible to tipi guests is relatively flat (<30%
slope) and doesn’t contain any natural hazards.
4. Compatibility with agricultural operations. There isn’t any significant agricultural operations
abutting the site. Because of the passive nature of the proposed operation, we do not expect
any off-site impacts.
5. Traffic Study. It is our position that, because of the seasonal, low impact use proposed, the
impact on HWY 325 would be minimal and wouldn’t trigger a traffic study. CDOT has informed
us that they will not be requiring a traffic study.
6. Water. The operation will not provide water to tipi guests. Guests will be notified that they will
need to bring their own water for washing and drinking.
7. Waste Water. Sanitary service will be provided with one port-a-let located near the tipis.
8. Irrigation Ditch Impact. The Grass Valley Canal flows through the property in an underground
pipe. No impacts to the ditch will occur.
9. Drainage/Erosion. Disturbance will be limited to the tipi pad sites and parking/access. The pad
sites will be concrete, access and parking spaces will consist of gravel/road base. Any incidental
disturbance that occurs as a result of excavation/construction will be revegetated within the
first growing season. Because of the limited disturbance area and time, no erosion control is
planned.
10. Landscaping. Ample vegetation exists on the site and no landscaping is proposed or needed for
screening purposes.
11. Fire Protection. The tipis will include one central fire pit and individual propane BBQ’s outside
of each tipi. Fire extinguishers will be provided at each tipi. We will obtain all required fire
permits and comply with all required standards and will comply with any seasonal bans.
12. Parking. A total of four parking spaces will be provided (one per tipi). This meets the
Development Code requirement for lodging at one parking space per unit (tipi). Parking spaces
will be built to a full size standard of at least 9’ X 20’ and will have a gravel surface
13. Exterior lighting will only be on during the rental season and will consist of downcast, opaquely
shielded fixtured and the bulb/source will not be visible beyond the property line
14. Snow storage. The lodging operation will not be open during the winter months.
Grading and Drainage Plan.
Grading will be limited to the driveway extension, parking, and pad sites for tipis. The only impervious
surfaces will be the small pads. Grading disturbance will be no more than what is required for
improvements and will include any necessary erosion control measures. Disturbed soil will be quickly
finished with the gravel surface and revegetated as necessary with a native grass seed mix. We will
receive and abide by any County Grading and Excavation permits as required.
Access:
• CDOT. We are in the process of working with CDOT regarding any possible new permits or
improvements to the intersection.
• Access Driveway Standards. In addition to any CDOT requirements for access, the driveway will
conform to the standards of Section 7-107 of the Development Code for this type of use if the
waiver is not approved. We propose that any County (if not waived) or CDOT requirements be a
condition of land use approval issuance.
Waivers:
Section 4-118. Waiver of Standards.
C. Review Criteria.
A waiver may be approved if the Applicant demonstrates that the following criteria have
been met by the proposed alternative:
1. It achieves the intent of the subject standard to the same or better degree
than the subject standard; and
2. It imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Code.
• Water Supply.
1. Request to waive water supply standards are based on the low-impact rural “campsite”
nature of the operation and doesn’t necessitate an on-site potable water service. Like
dispersed camping, if is up to the guests to bring bottled water to the site. Our website and
tipis will provide notice that guests will have to supply their own bottled water and will
provide directions to nearby stores where water can be purchased. The same intent of
having water to cook, drink, and wash dishes is supported.
2. By having guests provide their own potable water, there will be no impact on the local
aquifer as would be the case if on-site water were to be required. Therefore, no greater
impacts on adjacent properties would result.
• Access Driveway Standards.
1. Request to waive full driveway standards is based on the rationale that the intent of the
criteria is still being upheld by the stance that the existing gravel driveway is quality and has
stood as the only access to our home for over 100 years. The impact to the driveway from
the limited/seasonal guests is not anticipated to significantly impact driveway function.
Emergency vehicle access to the tipi site will be adequate and the landowner will perform
maintenance as-needed. As recent as two years ago, the fire department utilized our
driveway to fight a wildland fire on properties abutting ours.
2. If the driveway is found not to meet standards (we have not investigated current status),
any modifications would be minimal based on the good condition of the existing driveway.
Keeping it as-is would not imposes greater impacts on adjacent properties.
• Traffic Study. Based on the situation that the property is accessed directly from a state highway
and that CDOT has informed us that they will not be requiring a traffic study for access permit
review, we request that a waiver isn’t necessary. However, we offer the following rationale if a
waiver is to be considered:
1. That the intent of requiring a traffic study is to ensure that the approval of any new
development will offset any potential and cumulative negative impacts to the public road
system. It is our position that since this operation involves four tipis which can only be
utilized for a maximum of six months per year, that the impact to a State Highway is
insignificant. Therefore, the intent of a traffic study is upheld.
2. Because of the anticipated insignificant impact to the State Highway, we believe that there
will be no greater impacts on adjacent properties – regardless if a traffic study were
required or not.
Compliance with the Garfield County Comprehensive Plan:
SECTION 4: ECONOMICS, EMPLOYMENT AND TOURISM
• Strategy 2. i. Evaluate the potential impact of proposed new or expanded economic
development opportunities upon the overall quality of the existing community. Applicant
comment: With the operation limited to low-impact, seasonal tipis, any impacts to the
existing community will be significantly less than the benefits to the local tourism and
economy created by this use.
• Strategy 2.iv. Ensure that commercial/industrial developments are compatible with adjacent
land uses and preserve the visual quality and natural environment of the county. Applicant
comment: While this is considered commercial lodging, the low-impact/quiet experience
offered to guests will hardly be noticeable to adjacent properties. Compatibility was a key
factor in the design of this operation.
• v. Where appropriate, encourage diverse tourism related development in order to sustain it as
an economic and employment base in Garfield County. Applicant comment: The low-impact
tipi experience will be a lodging option in the County that either doesn’t exist or is in short
supply. This will add to the economic base by adding to the diversity of lodging/camping
options locally.
• viii. Encourage tourism development in areas where natural resources are suitable and
appropriate levels of infrastructure are available to support the activities. Applicant comment:
It is a goal of ours to not impact the beauty and attractiveness of the area that we call home.
The low-impact nature of the operation will not be a strain on infrastructure nor will it impact
critical wildlife habitat or any other natural resource.
SECTION 6: AGRICULTURE
• Strategy 2. iv. Protect agricultural operations from conflicts with non-agricultural uses by
requiring buffers between proposed non-agricultural uses and adjacent agricultural operations.
Applicant comment: The closest ag operation is approximately 2 ½ miles away. We anticipate
that any impacts will not be observable beyond the property line.
SECTION 7: WATER AND SEWER SERVICES
• Strategy 1.ii. New development should be clustered around existing water and sanitation
districts and located within their approved service area if feasible. Applicant comment: The
operation will not require water and sewer services. A remote/dispersed experience for our
guests is the goal of this project.
• Strategy 2. ii. Avoid the proliferation of OWTS, which if not carefully monitored and maintained,
have the potential to pollute surface and ground water. Applicant comment: Sanitation
service will be in the form of one port-o-let. An OWTS is not proposed.
SECTION 8: NATURAL RESOURCES, HABITAT AND WILDLIFE
• Strategy 1.i. Protect critical wildlife habitat from conflicts with development by requiring
appropriate buffers between proposed development and habitat area. Applicant comment: As
mentioned above, measures will be taken to buffer critical wildlife areas from the operation,
mainly in the form of closures during important times as dictated by the CPW.
• Strategy 2. iii. Require detailed impact analyses for developments proposed within or adjacent
to critical wildlife habitats or migration routes. Applicant comment: Measures have been
included within this application. Any additional requirements of the CPW will be strictly
adhered to.
• Strategy 3. iii. Discourage development in areas of high or extreme wildfire hazards. Applicant
comment: If it is determined that the site is within a High or Extreme wildfire hazard area,
any requirements such as defensible space, extinguishers, or other mitigation measures will
be installed.
Gørfield County
rhsf .rm","::,:::T,:;':)ï#iïH,",.i,T:ïi:T,ønseperm,
Mineral interests may be severed from surface right interests in real property. C.R.S.5 24-65.5-101,etseg,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 20L3 ("LUDC") Section 4-101(EX1Xb)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. S 24-65.5-10L,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. I 24-65.5-1OL, et seq, and Section 4-101 (EX1)(bXa) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant cert¡fies
the foflowing (Please initiøl on the blønk line next to the støtement that occurately reflects the result ol
reseorch):
-
I own the entire mineral estate relative to the subject property; or
-
Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of MineralOwner Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. S 24-65.5-1O1, et seq, and I am in compliance with said statue and the
tUDC.
Applicant's Signature Date
(There are no mineral rights on our property)
01-27-2023
List of Property Owners within 200 Feet
•Adam Hansen & Alesha Morrow
•Ed and Barb Kreimer
Vicinity Map
North
North
= Tipi
#1 #2
#3 #4
North
= Porta-potty
Site Plan
COLORADO DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ACCESS PERMIT APPLICATION
Issuing authority application
acceptance date:
Page 1 of 2 CDOT Form #137 01/10Previous editions are obsolete and may not be used
Instructions:- Contact the Colorado Department of Transportation (CDOT) or your local government to determine your issuing authority.
- Contact the issuing authority to determine what plans and other documents are required to be submitted with your application.
- Complete this form (some questions may not apply to you) and attach all necessary documents and Submit it to the issuing authority.
- Submit an application for each access affected.
- If you have any questions contact the issuing authority.
- For additional information see CDOT’s Access Management website at http://www.dot.state.co.us/AccessPermits/index.htm
2) Applicant or Agent for permittee (if different from property owner)
Street address
Phone #
Mailing address
City, state & zip Phone # (required)
county subdivision block lot section township range
6) What side of the highway?
N S E W
5) What State Highway are you requesting access from?
4) Legal description of property: If within jurisdictional limits of Municipality, city and/or County, which one?
3) Address of property to be served by permit (required)
City, state & zip
1) Property owner (Permittee)
8) What is the approximate date you intend to begin construction?
9) Check here if you are requesting a:
new access temporary access (duration anticipated:) improvement to existing access
change in access use removal of access relocation of an existing access (provide detail)
7) How many feet is the proposed access from the nearest mile post?
_____________ feet ( N S E W) from:_____________
13) Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property?
no yes, if yes - list them on your plans and indicate the proposed and existing access points.
12) Does the property owner own or have any interests in any adjacent property?
no yes, if yes - please describe:
11) Do you have knowledge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest?
no yes, if yes - what are the permit number(s) and provide copies:and/or, permit date:
15) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each.
business/land use square footage business square footage
16) If you are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units?
type number of units type number of units
17) Provide the following vehicle count estimates for vehicles that will use the access. Leaving the property then returning is two counts.
# of passenger cars and light trucks at peak hour volumes # of multi unit trucks at peak hour volumes
# of single unit vehicles in excess of 30 ft.# of farm vehicles (field equipment)Total count of all vehicles
How many feet is the proposed access from the nearest cross street?
_____________ feet ( N S E W) from:_______________________________
10) Provide existing property use
14) If you are requesting agricultural field access - how many acres will the access serve?
E-mail address E-mail address if available
Indicate if your counts are
peak hour volumes or average daily volumes.
Please print
or type
If an access permit is issued to you, it will state the terms and conditions for its use. Any changes in the use of the
permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the
permit.
The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal
laws, that all information provided on this form and submitted attachments are to the best of their knowledge
true and complete.
I understand receipt of an access permit does not constitute permission to start access construction work.
Applicant or Agent for Permittee signature Date
Property owner signature Date
If the applicant is not the owner of the property, we require this application also to be signed by the property owner or
their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement
with this application by all owners-of-interest unless stated in writing. If a permit is issued, the property owner, in most
cases, will be listed as the permittee.
Page 2 of 2 CDOT Form #137 01/10
Print name
Print name
Previous editions are obsolete and may not be used
18) Check with the issuing authority to determine which of the following documents are required to complete the review of your application.
a) Property map indicating other access, bordering roads and streets.
b)Highway and driveway plan profile.
c)Drainage plan showing impact to the highway right-of-way.
d)Map and letters detailing utility locations before and after
development in and along the right-of-way.
e)Subdivision, zoning, or development plan.
f)Proposed access design.
g)Parcel and ownership maps including easements.
h)Traffic studies.
i)Proof of ownership.
1- It is the applicant’s responsibility to contact appropriate agencies and obtain all environmental clearances that apply
to their activities. Such clearances may include Corps of Engineers 404 Permits or Colorado Discharge Permit System
permits, or ecological, archeological, historical or cultural resource clearances. The CDOT Environmental Clearances
Information Summary presents contact information for agencies administering certain clearances, information about
prohibited discharges, and may be obtained from Regional CDOT Utility/Special Use Permit offices or accessed via the
CDOT Planning/Construction-Environmental-Guidance webpage http://www.dot.state.co.us/environmental/Forms.asp.
2- All workers within the State Highway right of way shall comply with their employer’s safety and health policies/
procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not
limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926
- Safety and Health Regulations for Construction.
Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection,
respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a
minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal
protective equipment: High visibility apparel as specified in the Traffic Control provisions of the documentation
accompanying the Notice to Proceed related to this permit (at a minimum, ANSI/ISEA 107-1999, class 2); head protection
that complies with the ANSI Z89.1-1997 standard; and at all construction sites or whenever there is danger of injury to
feet, workers shall comply with OSHA’s PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and
1926.96. If required, such footwear shall meet the requirements of ANSI Z41-1999.
Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shall
apply.
3- The Permittee is responsible for complying with the Revised Guidelines that have been adopted by the Access Board
under the American Disabilities Act (ADA). These guidelines define traversable slope requirements and prescribe the
use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and
can be found on the Design and Construction Project Support web page at:
<http://www.dot.state.co.us/DesignSupport/>, then click on Design Bulletins.
Site Map
= Tipi = Port-a-potty =CDOT Access Point = Driveway = NORTH
NOT TO SCALE
#1
#2
#3
#4
Photos
• the access location showing the pavement
• the roadway in both directions as seen from the access
Facing North
Facing South
• the property directly across from the access
Tree has been removed
Additional Information: Tipi Hideaway
1. The list of property owners within 200 feet shall be updated to include all property owners.
• Attached
2. The County Attorney’s office has requested additional information related to Mineral Rights
ownership and notice.
• Mineral Rights Research Form attached
3. A title commitment is required to verify all easements.
• Attached
4. The site plan needs to be revised to meet the requirements of 4-203.D.
• Attached
5. Parking needs to be provided in accordance with Article 7 Standards and shown on the site plan.
• Four spots added to site plan
o Narrative: The parking spots are created of durable, all-weather surface made of materials
that are suitable for the uses of a parking area. There is proper drainage and the parking
spaces will not be paved. The parking spaces meet the minimum dimensions of parking
spaces, aisles, and back-up areas as specified in Figure 7-302. All four parking spaces are
created in size of 9ft x 20ft.
6. ADA parking and an accessible unit will need to be shown.
• According to the International Building Code in the Accessibility Chapter: 1103.2.11 Residential
Group R-1: Buildings of Group R-1 containing not more than five sleeping units for rent or hire that
are also occupied as the residence of the proprietor are not required to comply with this chapter.
Based on this we will not be complying with the ADA unit and Parking requirements you previously
requested.
7. The application needs to provide additional information on traffic generation and existing access. Proof
of legal access as well as the dimensions of the access way are required.
• Easement attached.
• Traffic generated will consist of 4 cars per day.
8. The impact analysis needs to be expanded to address all topics of 4-203.G Impact analysis.
G: Impact Analysis. Updated Narrative attached to “in order” address more in depth the requirements
of the Impact analysis.
9. More information related to the proposed wastewater vault system is required, such as will-serve
letter, pumping/hauling schedule, ect.
• Attached is a will service letter from Redi Services regarding a Porta-let on our property. There will
be no waste on the property and all will be contained on the Porta-let.
BUHLMAN TIPI PROJECT NARRATIVE
Limited Impact Review – Land Use Change Permit
March 15, 2023
Garfield County Commissioners and Planning staff,
As required by the Garfield County Land Use and Development Code (Code), this narrative is provided to
not only describe our project, but also reflect how the project complies with the Development Code and
the Garfield County Comprehensive Plan.
Project Description:
The landowners are proposing to locate four (4) tipis on the southeastern portion of the property. The
purpose of the facility is to provide a passive form of low-impact/recreational encampment similar to a
quiet campground or dispersed rural campsites. These tipis will each be placed on their own concrete
slab. Elements of the operation include:
1. Seasonal operation starting May 1 and ending October 30 of each year
2. Maximum stay per guest will be limited to three (3) weeks in any calendar year
3. “Quiet hours” will be enforced between the hours of 10:00 pm and 8:00 am
4. The owners (or other site supervisor) will be on-site when the tipis are rented
5. Exterior lighting will only be on during the rental season and will consist of downcast, opaquely
shielded fixtured and the bulb/source will not be visible beyond the property line
6. The port-o-let will be located as shown on the site plan. Such amenity will be the sole means of
sanitary service
7. No special events will occur on the site as part of this use. Guests are limited to those who are
renting the tipis
8. A total of four parking spaces will be provided (one per tipi).
9. Improvements/amenities are limited to: Four tipis on concrete pads, one port-o-let, four
parking spaces, access drive from the existing driveway to the parking spaces, a central fire pit,
BBQ’s, and picnic tables
10. All dogs will remain on-leash
11. The discharge of firearms by tipi guests will not be permitted
Article 4/Impact Analysis:
To determine compatibility with the County’s standards and the surrounding landscape, we offer the
following information:
1. Adjacent Land Uses. Within 1,500 feet, our property is surrounded by the Rifle Falls State Park
(includes campground), BLM, large lot residential and small scale agriculture. Because of the
small scale and seasonal nature of the operation, no off-site impacts are anticipated.
2. Site Features. As seen on the site plan, existing site features include a 2-story home, accessory
structures such and garage and sheds, pond, buried canal (ditch), East Rifle Creek, ag field and
access drive. Site is mostly flat with a hillside on the eastern portion.
3. Soil Characteristics. Because no permanent buildings or structures are included with this
project, soil characteristics are irrelevant. Expansive and/or easily erodible soils would not be
impactful to the proposed operation.
4. Geology and Hazards. The portion of the property accessible to tipi guests is relatively flat
(<30% slope) and doesn’t contain any natural hazards.
5. Groundwater and Aquifer Recharge Areas. On-site waste disposal of any kind is not included as
part of this application/operation. With this and that the only impervious surfaces will be the
small tipi pads, no impact to the groundwater will occur. Tipis will be served by port-o-lets.
6. Environmental Impacts. Flora and fauna impacts will be negligible because of the scope and
seasonality of the operation. Please see standards section below for additional information.
7. Nuisance. With the operational conditions listed above, the use will not generate any significant
off-site impacts.
8. Hours of Operation. This seasonal operation will include “Quiet hours” enforced between the
hours of 10:00 pm and 8:00 pm.
Article 7/Standards
9. Wildlife Impact. According to the information available on the CPW Wildlife Species Map
Application, the following critical wildlife habitat concerns are addressed.
https://cpw.maps.arcgis.com/apps/instant/interactivelegend/index.html?appid=b3e1f4c17e984
81c85f9683b02e91250
a. Elk. The property lies within the Elk Winter Concentration Area. The operation will be
closed during the winter months and, if required, any other times of importance.
b. Mule Deer. The property lies within the Mule Deer Winter Concentration Area and
Severe Winter Range. The operation will be closed during the winter months and, if
required, any other times of importance.
c. Bald Eagle. The property lies within the Bald Eagle Winter Forage Area. The operation
will be closed during the winter months and, if required, any other times of importance
10. Waterbodies. Guests will avoid any riparian areas on the site.
11. Natural Hazards. The portion of the property accessible to tipi guests is relatively flat (<30%
slope) and doesn’t contain any natural hazards.
12. Compatibility with agricultural operations. There isn’t any significant agricultural operations
abutting the site. Because of the passive nature of the proposed operation, we do not expect
any off-site impacts.
13. Traffic Study. It is our position that, because of the seasonal, low impact use proposed, the
impact on HWY 325 would be minimal and wouldn’t trigger a traffic study. CDOT has informed
us that they will not be requiring a traffic study.
14. Water. The operation will not provide water to tipi guests. Guests will be notified that they will
need to bring their own water for washing and drinking.
15. Waste Water. Sanitary service will be provided with one port-a-let located near the tipis.
16. Irrigation Ditch Impact. The Grass Valley Canal flows through the property in an underground
pipe. No impacts to the ditch will occur.
17. Drainage/Erosion. Disturbance will be limited to the tipi pad sites and parking/access. The pad
sites will be concrete, access and parking spaces will consist of gravel/road base. Any incidental
disturbance that occurs as a result of excavation/construction will be revegetated within the
first growing season. Because of the limited disturbance area and time, no erosion control is
planned.
18. Landscaping. Ample vegetation exists on the site and no landscaping is proposed or needed for
screening purposes.
19. Fire Protection. The tipis will include one central fire pit and individual propane BBQ’s outside
of each tipi. Fire extinguishers will be provided at each tipi. We will obtain all required fire
permits and comply with all required standards and will comply with any seasonal bans.
20. Parking. A total of four parking spaces will be provided (one per tipi). This meets the
Development Code/Article 7 requirement for lodging at one parking space per unit (tipi).
Parking spaces will be built to a full size standard of at least 9’ X 20’ and will have a gravel
surface.
21. Accessibility. According to the International Building Code, Section 1103.2.11, no accessible
sleeping units are required. Since no accessible units are required, no accessible parking spaces
or other accessible features are proposed.
22. Exterior lighting will only be on during the rental season and will consist of downcast, opaquely
shielded fixtured and the bulb/source will not be visible beyond the property line
23. Snow storage. The lodging operation will not be open during the winter months.
Grading and Drainage Plan.
Grading will be limited to the parking spaces and pad sites for tipis. The only impervious surfaces will be
the small tipi pads. Grading disturbance will be no more than what is required for improvements and
will include any necessary erosion control measures. Disturbed soil will be quickly finished with the
gravel surface and revegetated as necessary with a native grass seed mix. We will receive and abide by
any County Grading and Excavation permits as required.
Access:
• CDOT. We are in the process of working with CDOT regarding any possible new permits or
improvements to the intersection.
• Access Driveway Standards. In addition to any CDOT requirements for access, the driveway will
conform to the standards of Section 7-107 of the Development Code for this type of use if the
waiver is not approved. We propose that any County (if not waived) or CDOT requirements be a
condition of land use approval issuance.
Waivers:
Section 4-118. Waiver of Standards.
C. Review Criteria.
A waiver may be approved if the Applicant demonstrates that the following criteria have
been met by the proposed alternative:
1. It achieves the intent of the subject standard to the same or better degree
than the subject standard; and
2. It imposes no greater impacts on adjacent properties than would occur
through compliance with the specific requirements of this Code.
• Water Supply.
1. Request to waive water supply standards are based on the low-impact rural “campsite”
nature of the operation and doesn’t necessitate an on-site potable water service. Like
dispersed camping, if is up to the guests to bring bottled water to the site. Our website and
tipis will provide notice that guests will have to supply their own bottled water and will
provide directions to nearby stores where water can be purchased. The same intent of
having water to cook, drink, and wash dishes is supported.
2. By having guests provide their own potable water, there will be no impact on the local
aquifer as would be the case if on-site water were to be required. Therefore, no greater
impacts on adjacent properties would result.
• Access Driveway Standards.
1. Request to waive full driveway standards is based on the rationale that the intent of the
criteria is still being upheld by the stance that the existing gravel driveway is quality and has
stood as the only access to our home for over 100 years. The impact to the driveway from
the limited/seasonal guests is not anticipated to significantly impact driveway function.
Emergency vehicle access to the tipi site will be adequate and the landowner will perform
maintenance as-needed. As recent as two years ago, the fire department utilized our
driveway to fight a wildland fire on properties abutting ours.
2. If the driveway is found not to meet standards (we have not investigated current status),
any modifications would be minimal based on the good condition of the existing driveway.
Keeping it as-is would not imposes greater impacts on adjacent properties.
• Traffic Study. Based on the situation that the property is accessed directly from a state highway
and that CDOT has informed us that they will not be requiring a traffic study for access permit
review, we request that a waiver isn’t necessary. However, we offer the following rationale if a
waiver is to be considered:
1. That the intent of requiring a traffic study is to ensure that the approval of any new
development will offset any potential and cumulative negative impacts to the public road
system. It is our position that since this operation involves four tipis which can only be
utilized for a maximum of six months per year, that the impact to a State Highway is
insignificant. Therefore, the intent of a traffic study is upheld.
2. Because of the anticipated insignificant impact to the State Highway, we believe that there
will be no greater impacts on adjacent properties – regardless if a traffic study were
required or not.
Compliance with the Garfield County Comprehensive Plan:
SECTION 4: ECONOMICS, EMPLOYMENT AND TOURISM
• Strategy 2. i. Evaluate the potential impact of proposed new or expanded economic
development opportunities upon the overall quality of the existing community. Applicant
comment: With the operation limited to low-impact, seasonal tipis, any impacts to the
existing community will be significantly less than the benefits to the local tourism and
economy created by this use.
• Strategy 2.iv. Ensure that commercial/industrial developments are compatible with adjacent
land uses and preserve the visual quality and natural environment of the county. Applicant
comment: While this is considered commercial lodging, the low-impact/quiet experience
offered to guests will hardly be noticeable to adjacent properties. Compatibility was a key
factor in the design of this operation.
• v. Where appropriate, encourage diverse tourism related development in order to sustain it as
an economic and employment base in Garfield County. Applicant comment: The low-impact
tipi experience will be a lodging option in the County that either doesn’t exist or is in short
supply. This will add to the economic base by adding to the diversity of lodging/camping
options locally.
• viii. Encourage tourism development in areas where natural resources are suitable and
appropriate levels of infrastructure are available to support the activities. Applicant comment:
It is a goal of ours to not impact the beauty and attractiveness of the area that we call home.
The low-impact nature of the operation will not be a strain on infrastructure nor will it impact
critical wildlife habitat or any other natural resource.
SECTION 6: AGRICULTURE
• Strategy 2. iv. Protect agricultural operations from conflicts with non-agricultural uses by
requiring buffers between proposed non-agricultural uses and adjacent agricultural operations.
Applicant comment: The closest ag operation is approximately 2 ½ miles away. We anticipate
that any impacts will not be observable beyond the property line.
SECTION 7: WATER AND SEWER SERVICES
• Strategy 1.ii. New development should be clustered around existing water and sanitation
districts and located within their approved service area if feasible. Applicant comment: The
operation will not require water and sewer services. A remote/dispersed experience for our
guests is the goal of this project.
• Strategy 2. ii. Avoid the proliferation of OWTS, which if not carefully monitored and maintained,
have the potential to pollute surface and ground water. Applicant comment: Sanitation
service will be in the form of one port-o-let. An OWTS is not proposed.
SECTION 8: NATURAL RESOURCES, HABITAT AND WILDLIFE
• Strategy 1.i. Protect critical wildlife habitat from conflicts with development by requiring
appropriate buffers between proposed development and habitat area. Applicant comment: As
mentioned above, measures will be taken to buffer critical wildlife areas from the operation,
mainly in the form of closures during important times as dictated by the CPW.
• Strategy 2. iii. Require detailed impact analyses for developments proposed within or adjacent
to critical wildlife habitats or migration routes. Applicant comment: Measures have been
included within this application. Any additional requirements of the CPW will be strictly
adhered to.
• Strategy 3. iii. Discourage development in areas of high or extreme wildfire hazards. Applicant
comment: If it is determined that the site is within a High or Extreme wildfire hazard area,
any requirements such as defensible space, extinguishers, or other mitigation measures will
be installed.
Glenwood Springs Branch
1322 Grand Avenue
Glenwood Springs, Colorado 81601
Telephone: (970) 945-4444
Facsimile: (970) 945-4449
May 19, 2023
Carrie A. Buhlman
kbdreams73@yahoo.com
Re: Mineral Owners for Parcel Number 1923 274 00 064
To whom it may concern:
We examined mineral reservations and subsequent transfers of any said interests as reflected
in recorded documents in the Garfield County Clerk and Recorder’s Office and our title plant for the
following parcel owned by Carrie A. Buhlman:
Parcel A:
A parcel of land situated in the SW1/4SE1/4 of Section 27, Township 4 South, Range 92 West
of the Sixth Principal Meridian, Garfield County, Colorado, lying easterly of the centerline of East Rifle
Creek and Northerly of the centerline of a drainage gulch, said parcel of land is more fully described
as follows:
Beginning at a point in the centerline of said creek, whence the South quarter corner of said
Section 27 bears: South 24°36'02" West 1082.75 feet, said point also being in the centerline of a 20
foot roadway; thence along said centerline creek, North 17°18'09" East 14.90 feet;
thence North 71°23'45" East 44.18 feet;
thence North 13°03'52" East 96.49 feet;
thence North 27°59'46" East 32.63 feet;
thence North 11°49'52" West 15.00 feet;
thence leaving said centerline creek East 75.00 feet;
thence North 39°51'58" East 227.54 feet to a point on the Northerly line of said SW1/4SE1/4;
thence North 89°27'59" East 534.96 feet along said Northerly line;
thence South 00°52'40" East 257.75 feet to the centerline said gulch;
thence along said centerline gulch North 89°05'25" West 155.38 feet;
thence North 69°41'21" West 85.86 feet;
thence South 48°05'14" West 71.39 feet;
thence North 81°02'52" West 76.08 feet;
thence South 60°01'14" West 160.66 feet;
thence South 77°00'51" West 78.07 feet;
thence South 49°57'36" West 109.58 feet to a point in the centerline of a 20 foot roadway
easement;
thence North 64°56'29" West 189.30 feet along said centerline roadway;
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street
Rifle, Colorado 81650
Telephone: (970) 625-3300
Facsimile: (970) 625-3305
Page 2 May 19, 2023
thence North 53°03'00" West along said centerline roadway 6.63 feet to the Point of
Beginning.
Parcel B:
A Non-exclusive twenty-foot Easement and Right-of-Way for roadway access purposes,
being ten (10) feet on either side of the following-described center line:
Beginning at a point whence the Northwest corner of that tract of land described in Warranty
Deed recorded November 22, 1968 in Book 398 at Page 149 bears West 95.00 feet; thence North
38°43' West 131.06 feet; thence North 53°03' West 50.35 feet; thence North 85°56' West 44.31 feet;
thence South 68°32' West 73.13 feet more or less to a point on the Easterly Right-of-Way line of State
Highway No. 325.
As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office
we examined for the above described parcel, and subject to reservations, exceptions and conditions
contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties
in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any
state of facts which an accurate survey would disclose, title to the minerals was reserved to the
following:
Mineral Rights Owner Address as shown on the most recent
recorded instrument or Assessor’s Site
George E. Steele and Helen M. Steele 181 Rainbow Drive
Grand Junction, Colorado 81503
Carrie A. Buhlman 9404 Highway 325
Rifle, Colorado 81650
Although we deem this information to be reliable, is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and the Companies’ liability is limited to the amount paid
for the examination. The effective date of this title analysis is May 12, 2023.
If you have any questions regarding this analysis, please contact me.
Sincerely,
Patrick P. Burwell
Patrick P. Burwell
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE
NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions,
Commonwealth Land Title Insurance Company, a Florida Corporation (the “Company”), commits to issue the Policy according
to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule
A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount
as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The
term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right,
title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but
this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic
means authorized by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or
to be issued by the Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of
each Policy to be issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of
imparting constructive notice of matters relating to real property to purchasers for value and without
Knowledge.
(h) “Title”: The estate or interest described in Schedule A.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment
to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3.The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other
amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense
incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first
delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good
faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this
Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between
the parties with respect to the subject matter of this Commitment and supersedes all prior commitment
negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating
to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person
authorized by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only
liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9.ARBITRATION
The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive
remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/arbitration.
Countersigned:
Patrick P. Burwell
Commonwealth Title Company of Garfield County, Inc.
127 East 5th Street
Rifle, CO 81650
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Transaction Identification Data for reference only:
Issuing Agent: Commonwealth Title Company of Garfield County, Inc.
Issuing Office: 127 East 5th Street, Rifle, CO 81650
ALTA® Universal ID: 1038730
Loan ID Number:
Issuing Office File Number: 2023-04-55
Commitment Number: 2023-04-55
Revision Number:
Property Address: 9404 Highway 325, Rifle, CO 81650
SCHEDULE A
1. Commitment Date: 04/21/2023 at 8:00 AM
2. Policy to be issued:
(a) ALTA Owner's Policy $
PROPOSED INSURED:
(b) ALTA Loan Policy $
PROPOSED INSURED:
3. The estate or interest in the Land described or referred to in this Commitment is: fee simple.
4. Title to the fee simple estate or interest in the Land is at the Commitment Date vested in:
Carrie A. Buhlman
5. The Land is described as follows:
Property description set forth in “Exhibit A” attached hereto and made a part hereof.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
By:
Patrick P. Burwell, License #: 153719
Authorized Signatory
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below:
Updated Title Commitment: $150.00
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. -The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company
may then make additional Requirements or Exceptions.
-Pay the agreed amount for the estate or interest to be insured.
-Pay the premiums, fees, and charges for the Policy to the Company.
-Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
-This is an informational only commitment and no policy will be issued hereunder.
-Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-
ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated,
showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and
encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent
such matters are capable of being shown, (iii) containing a legal description of the boundaries of the
Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of
Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
SCHEDULE B, PART II
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attached, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I—Requirements are met.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in an improvement district.
8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the
public record.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found
to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as
constructed by the authority of the United States, as reserved in United States Patent recorded on August
11, 1913 as Instrument #47560 in the official records
10. Right of way for ditches and canals in place and in use.
11. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed
location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the
center thread, bank, channel or flow of waters in Rifle Creek lying within subject land; and any questions
as to the location of such center thread, bed, bank or channel as a legal description monument or marker
for purposes of describing or locating subject lands.
12. Easement and right of way as described in document recorded on July 13, 1931 as Instrument #110554 in
the official records
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
13. Reservation of mineral rights more fully described in Deed recorded on November 22, 1968 as Instrument
#242232 in the official records and any and all interests therein or assignments thereof.
14. Restrictions contained in instrument recorded on November 22, 1968 as Instrument #242232 in the official
records
15. Restrictions contained in instrument recorded on May 16, 1973 as Instrument #258322 in the official
records
16. Reservation of mineral rights more fully described in Deed recorded on May 16, 1973 as Instrument
#258322 in the official records and any and all interests therein or assignments thereof.
17. Terms, conditions and all matters set forth in Resolution recorded on March 24, 1980 as Instrument
#302537 in the official records
18. Terms, conditions and all matters set forth in Resolution recorded on June 17, 1980 as Instrument
#304792 in the official records
19. Terms, conditions and all matters set forth in Resolution recorded on May 10, 1982 as Instrument #327610
in the official records
20. Reservation of mineral rights more fully described in Deed recorded on March 23, 1983 as Instrument
#340137 in the official records and any and all interests therein or assignments thereof.
21. Easement and right of way as described in document recorded on March 23, 1983 as Instrument #340137
in the official records
22. Terms, conditions and all matters set forth in Agreement of cost sharing for regular and special
maintenance and repair of roadway and bridge as contained in instrument recorded on March 23, 1983 as
Instrument #340137 in the official records
23. Terms, conditions and all matters set forth in Agreement recorded on March 23, 1983 as Instrument
#340139 in the official records
24. Easement and right of way as described in document recorded on December 6, 1983 as Instrument
#347950 in the official records
25. Easement and right of way for installation, maintenance, replacement and repair of water pipeline as
described in document recorded on September 1, 1993 as Instrument #451985 in the official records
26. Easement and right of way as described in document recorded on September 1, 1993 as Instrument
#451986 in the official records
27. Deed of Trust from Carrie A. Buhlman to the Public Trustee of Garfield County for the use of Direct
Mortgage Loans, LLC, showing an original amount of $299,000.00, and recorded April 14, 2021 as
Instrument #954351.
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance. This Commitment is
not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and
Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
ALTA Commitment for Title Insurance 8-1-16
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
EXHIBIT A
Property Description
Issuing Office File No.: 2023-04-55
Parcel A:
A parcel of land situated in the SW1/4SE1/4 of Section 27, Township 4 South, Range 92 West of the Sixth
Principal Meridian, Garfield County, Colorado, lying easterly of the centerline of East Rifle Creek and Northerly of
the centerline of a drainage gulch, said parcel of land is more fully described as follows:
Beginning at a point in the centerline of said creek, whence the South quarter corner of said Section 27 bears:
South 24°36'02" West 1082.75 feet, said point also being in the centerline of a 20 foot roadway; thence along said
centerline creek, North 17°18'09" East 14.90 feet;
thence North 71°23'45" East 44.18 feet;
thence North 13°03'52" East 96.49 feet;
thence North 27°59'46" East 32.63 feet;
thence North 11°49'52" West 15.00 feet;
thence leaving said centerline creek East 75.00 feet;
thence North 39°51'58" East 227.54 feet to a point on the Northerly line of said SW1/4SE1/4;
thence North 89°27'59" East 534.96 feet along said Northerly line;
thence South 00°52'40" East 257.75 feet to the centerline said gulch;
thence along said centerline gulch North 89°05'25" West 155.38 feet;
thence North 69°41'21" West 85.86 feet;
thence South 48°05'14" West 71.39 feet;
thence North 81°02'52" West 76.08 feet;
thence South 60°01'14" West 160.66 feet;
thence South 77°00'51" West 78.07 feet;
thence South 49°57'36" West 109.58 feet to a point in the centerline of a 20 foot roadway easement;
thence North 64°56'29" West 189.30 feet along said centerline roadway;
thence North 53°03'00" West along said centerline roadway 6.63 feet to the Point of Beginning.
Parcel B:
A Non-exclusive twenty-foot Easement and Right-of-Way for roadway access purposes, being ten (10) feet on
either side of the following-described center line:
Beginning at a point whence the Northwest corner of that tract of land described in Warranty Deed recorded
November 22, 1968 in Book 398 at Page 149 bears West 95.00 feet; thence North 38°43' West 131.06 feet;
thence North 53°03' West 50.35 feet; thence North 85°56' West 44.31 feet; thence South 68°32' West 73.13 feet
more or less to a point on the Easterly Right-of-Way line of State Highway No. 325.
Rebar & Cap LS No. 31944
Rebar & Cap LS No. 14111
Power Pole
Electrical Meter
Overhead Utility Line
Fence
LEGEND
46'
31.5'
64'
TIE
FOUND 2.5"BLM
BRASS CAP ON 1.0" PIPEBASIS OF BEARINGCenterline Easement
Book 639, Page 943
HANSEN, ADAM & MARROW, ALESHA
9406 HIGHWAY 325
RIFLE CO 81650
KREIMIER, EDWARD L JR & BARBARA A
94028 HIGHWAY 325
RIFLE CO 81650-9223
Centerline
of Gully
DIVISION OF PARKS AND OUTDOOR RECREATION
1313 SHERMAN STREET
DENVER CO 80203
BLM
"X" on Rock
No. 5 Rebar
& Plastic Cap
LS No. 14111
Gravel D
ri
v
e
No. 5
Rebar
LEGEND
10.00' Easement
Book 623, Page 358
Well House
Concrete
Irrigation Structure
PVC
PVC
Concrete
Retaining
Wall
4.83 Acres ±
GarageShed
2 Story
Wood Frame House
w/ Basement
Deck
Propane
Tank
Wood Structure
Gr
a
v
e
l
D
r
i
v
e
Ac
c
e
s
s
t
o
H
i
g
h
w
a
y
3
2
5
20.00' Access Easement
Book 623, Page 352
Pond
Shed
Spike In Tree Base Ditch Structure'
Approximate Location
of Grass Valley Canal
(Buried Pipe)
Proposed 18' Diameter Tipi
Top of 4" Concrete Slab
Elev.= 6394.6'
Proposed 18' Diameter Tipi
Top of 4" Concrete Slab
Elev.= 6400.7'
Proposed 18' Diameter Tipi
Top of 4" Concrete Slab
Elev.= 6396.0'
Proposed 18' Diameter Tipi
Top of 4" Concrete Slab
Elev.= 6393.1'
Elec. Meter
(approximate location)
Proposed Parking
4 Spaces 20' x 9'Fence
29.02'
10.95'
18.06'
21.85'
58.70'
139.91'
9.14'
No. 5 Rebar &
Plastic Cap LS No. 31944
Site Benchmark
Elev.= 6387.48'
20.00' Non-Exclusive
Easement & Right of Way
for Roadway Access Purposes
PROPERTY DESCRIPTION
A PARCEL OF LAND SITUATED IN THE SE14SE14 OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 92 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING EASTERLY OF THE CENTERLINE OF EAST
RIFLE CREEK AND NORTHERLY OF THE CENTERLINE OF A DRAINAGE GULCH, SAID PARCEL OF LAND IS
MORE FULLY DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT IN THE CENTERLINE OF SAID CREEK, WHENCE THE SOUTH QUARTER CORNER OF
SAID SECTION 27 BEARS S.24°36'02"W. 1082.75 FEET, SAID POINT ALSO BEING IN THE CENTERLINE OF A 20
FOOT ROADWAY; THENCE, ALONG SAID CENTERLINE CREEK, N.17°18'09"E. 14.90 FEET;
THENCE N.71°23'45"E. 44.18 FEET;
THENCE N. °83'52"E. 96.49 FEET;
THENCE N.27°59'46"E, 32.63 FEET;
THENCE N.11°49'52"W. 15.00 FEET;
THENCE, LEAVING SAID CENTERLINE CREEK EAST 75.00 FEET;
THENCE N.39°51'58"E. 227.54 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SW14SE14;
THENCE N.89°27'59"E. 534.96 FEET ALONG SAID NORTHERLY LINE;
THENCE S.00°52'40"E. 275.75 FEET TO THE CENTERLINE SAID GULCH;
THENCE ALONG SAID CENTERLINE GULCH; N.89°05'25"W. 155.38 FEET;
THENCE N.69°41'21"W. 85.86 FEET;
THENCE S. 48°05'14"W. 71.39 FEET;
THENCE N. 81°02'52"W. 76.08 FEET;
THENCE S.60°01'14"W. 160.66 FEET;
THENCE S.77°00'51"W. 78.07 FEET;
THENCE S.49°57'36"W. 109.58 FEET TO A POINT IN THE CENTERLINE OF A 20 FOOT ROADWAY EASEMENT;
THENCE N.64°56'29"W. 189.30 FEET ALONG SAID CENTERLINE ROADWAY;
THENCE N.53°03'00"W. ALONG SAID CENTERLINE ROADWAY 6.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 4.83 ACRES, MORE OR LESS.
PARCEL B
A NON-EXCLUSIVE TWENTY-FOOT EASEMENT AND RIGHT-OF-WAY FOR ROADWAY ACCESS PURPOSES, BEING
TEN (10) FEET ON EITHER SIDE OF THE FOLLOWING-DESCRIBED CENTERLINE:
BEGINNING AT A POINT WHENCE THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN
WARRANTY DEED RECORDED NOVEMBER 22, 1968 IN BOOK 296 AT PAGE 149 BEARS WEST 95.00 FEET;
THENCE N. 38°43W. 131.06 FEET; THENCE N.53°03' W. 50.35 FEET; THENCE N.85°56'W. 44.31 FEET; THENCE
S.68°32'W. 73.13 FEET MORE OR LESS TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE
HIGHWAY NO. 325.
COUNTY OF GARFIELD
STATE OF COLORADO
SITE PLAN
A PARCEL OF LAND SITUATED IN SECTION 27, TOWNSHIP 4 SOUTH, RANGE 92 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO
9404 HIGHWAY 325, RIFLE, CO 81650
NOTES
1.) THE DATE OF THE FIELD SURVEY WAS APRIL 28, 2023.
2.) THE CONTOUR INTERVAL IS TWO FEET.
3.) ELEVATIONS ARE BASED ON A WGS84 ELEVATION OF 6387.48' ON THE SOUTH EASTERLY
PROPERTY CORNER, A NO. 5 REBAR & YELLOW PLASTIC CAP AS SHOWN HEREON.
4.) THIS DOES NOT REPRESENT A TITLE SEARCH BY THIS FIRM OR SURVEYOR.
5.) THIS PROPERTY IS SUBJECT TO APPARENT EASEMENTS FOR ACCESS, EXISTING UTILITIES AND
DITCHES.
6.) THIS PROPERTY IS SUBJECT TO EASEMENTS, RIGHTS OF WAY AND/ OR REQUIREMENTS AS
NOTED OR SHOWN IN THE RECORDS OF THE GARFIELD COUNTY CLERK AND RECORDER.
7.) THIS PROPERTY IS ZONED RURAL.
SURVEYOR'S CERTIFICATE
I, SCOTT R. BLACKARD, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND
SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO, AND THAT THIS
SURVEY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
__________________________________
SCOTT R. BLACKARD P.L.S. 38342
email: sblackard11@gmail.com
SITE PLAN
A PARCEL OF LAND SITUATED IN SECTION 27, TOWNSHIP 4 SOUTH, RANGE 92 WEST OF THE 6TH P.M.,
COUNTY OF GARFIELD, STATE OF COLORADO
9404 HIGHWAY 325, RIFLE, CO 81650
U.S. SURVEY FEET USED
Gurfield County
Community Development I)epartment
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(e70) 94s-8212
rvww. garfield-county. com
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 1923-274-00-064 DATE: 7129122
PROJECT: Buhlman Tipi Lodging Facility
OWNERS/APPLICANTS: Carrie & Karl Buhlman
PRACTICAL LOCATION: 9404 Hwy. 325, Rifle, CO 81650
ZONING: Rural (R)
TYPE OF APPLIGATION: Limited lmpact Review Land Use Change Permit
I. GENERAL PROJECT DESCRIPTION
The Applicant's are proposing to operate a commercial lodging facility on their
approximately 4.83 acre property. The facility would include 4 Tipi's for rental each on a
concrete pad. A portable toilet will be provided for wastewater. Provision of water was
discussed and while the Applicant indicated they were not planning to provide water, water
supply plans and/or waivers would be required. A well exists on the property but might
require additional approvals from the Division of Water Resources to be used commercially.
The property has an existing home and existing driveway access. Legal access will need to
be confirmed along with compliance with County Driveway and Access standards. Waivers
on access driveway standards were discussed along with the need to carefully review any
existing easements for access to ensure they allow for commercial uses.
Access will be off of State Hwy. 325 and may require additional review and access permit
considerations with Colorado Department of Transportation (CDOT). Brian Killian is the
Access Permit Coordinator and should be contacted for more information regarding access
off of a State Highway (970-683-6284 brian.killian@state.co.us)
The lot was created by Subdivision Exemption in 1980. Topography was discussed and no
major slope or geologic hazards were identified by the Applicant. lmprovements were
discussed including providing for parking areas, access to the Tipi's including for emergency
vehicles, concrete pads for the Tipi's, and the portable toilet. The Applicant's indicated that
operation would be seasonal, approximately 4 - 6 months a year. No heating or electrical
service to the tents were noted in the meeting.
The Applicant was provided copies of excerpts from the Land Use and Development Code
on submittal requirements, processing flow chart, Article 7 Standards, timing of review.
Public notice was also discussed and that a hearing before the Board of County
Commissioners is required.
II. LIMITED IMPACT REVIEW LAND USE CHANGE PERMIT PROCESS
REGULATORY PROVISIONS
. Garfield County Comprehensive Plan 2030 as amended.o Garfield County Land Use and Development Code as amended.o Rural Zone District - Use Table (Table 3-403).o Rural Zone District - LoUBuilding Requirements (Table 3-201)¡ Review Process (Section 4-104) and Procedures (Section 4-101).o Table 4-102 Common Review Procedures and Required Notice.o Application Materials (Table 4-201and Section 4-203).o Waivers, Section 4-118 (Standards) and Section 4-202 (Submittal Requirements)o Article 7, Standards - Division 1,2 & 3 as applicable.o Article 15, Definitions - Lodging Facility
REVIEW PROCESS - DETAILS
The Application will follow the Limited lmpact Review Process contained in Sections 4-101
and 4-104 and in Table 4-102 (see attached flow chart):
1. Pre-application Conference
2. Submittal of Application (3 hard copies plus one digital PDF copy on CD or USB Stick)
3. Determination of Completeness, if Technically Complete the Applicant will be notified
and the request scheduled for a public hearing before the Board of County
Commissioners. lf it is not technically complete the Applicant will be advised of the
deficiencies.
4. The Application is sent out to referral agencies.
5. Public hearing before the Board of County Commissioners is scheduled.
6. Four additional hardcopies of the Application are provided for the Board of County
Commissioners review.
7. Applicant completes public notice for the public hearing (mailing, posting, and
publication) a minimum of 30 days prior to the hearing.
8. Staff prepares a report including public and referral commentsL Review and Action by the Board of County Commissioners at the public hearing.
2
10. The Commissioners action is formalized by a resolution.
11.lf approved with conditions the Applicant must meet the conditions prior to issuance of
the Land Use Change Permit.
12.The Applicant has one year to meet all conditions of approval.
III. SUBMITTAL REQUIREMENTS
Application submittal requirements are detailed in Table 4-201, and Section 4-203,
Description of Submittal Requirements. A summary is provided below.
o General Application Materials (application forms, agreement to pay form, Statement
of Authority for Trusts, authorization to represent, payment of fees).
o Evidence of ownership such as a deed for the property and title work if available.
o Narrative description of the proposal.
o List of property owners within 200 feet and any mineral rights owners on the
property. Completion of the mineral rights ownership/research form is needed (see
attached).o Vicinity Map (including the area generally within 3 miles of the site).
o Site plan with information on proposed location of the facilities, other existing
structures, and significant features on the property including but not limited to
easements, utilities, ditches, access roads/driveways, wells, existing and proposed
wastewater treatment systems (OWTS), and topography. Topographic information
is only needed for the area of the site proposed for the lodging facility and the
access driveway.o Grading and drainage details or waiver requests. A
waiver from these submittals may be supported
provided the Application includes basic information on
the lack of any site disturbance, the lack of any current
drainage problems, no new impervious surfacing and
no major regrading or fill on the site.
o Landscaping Plan or general description of existing
landscaping.o lmpact Analysis. This section requires information on
a variety of potential impacts including but not limited
to wildlife habitat, hours of operation and mitigation for
any nuisance impacts such as noise and lighting.
o Legal access, physical access, and compliance with
Roadway Standards Table 7-107 need to addressed in
the submittals. A waiver request may be submitted
regarding compliance with Table 7-107. A roadway
waiver request should include comments from the Fire
Protection District and the waiver needs to be
completed by an Engineer (see attached Roadway
Waiver lnformation).
Application Submittal
3 Hard Copies
1 Digital PDF Copy {on CD or USB stick)
Both the paper and the digital copy
should be split into individual sections.
Please refer to the list included in your
pre-application confere¡rce summary for
the submittal requirements that âre
appropriate for your application:
' General Application Materials
. Vic¡n¡ty Map. S¡te Plan. Grading and Drâinage Plan
. Landscape Plan. lmpðct Anãlysis. Traffìc Study
. Water Supply/D¡str¡büt¡on Plan. Wastewater Management Plan
. Article 7 Standards
J
o Traffic Study: Waivers including acceptance of basic traffic information and/or not a
full traffic study may be considered based on the proposed size and scale of the
facility.o Water Supply Plan and supporting documentation, may include well permits, pump
testing, and water quality testing or a waiver request to allow alternate means for
providing water supply for the proposed use.o Wastewater treatment plans and supporting documentation, need to include
information on the existing OWTS if proposed to serve the lodging use. Location of
toilet facility in close proximity serving the lodging use needs to be documented.
Any new OWTS will require appropriate County permitting. Waivers would be
required for use of a portable toilet.o lnformation to address sections of Article 7, Divisions 1, 2, and 3, needs to be
provided. Application formatting that addresses each section of Article 7 are
recommended. Standards typically addressed include: technical issues such as
access, water, and sanitation, the lack of any natural hazards, agricultural
compatibility, irrigation ditch issues, water bodies on the property, lack of any
drainage or erosion impacts, no impacts on stormwater/drainage issues and no off-
site impacts, lighting compliance, provisions for parking shown on the site plan, and
fire protection.
The Application submittal needs to include 3 hard copies of the entire Application and 1
Digital PDF Copy on a CD or USB Stick. Both the paper and digital copies should be split
into individual sections. Please refer to the pre-application summary for submittal
requirements that are appropriate for your Application.
Any request for a waiver from standards shall be prgcessed pursuant to Section 4-118 of
the Land Use and Development Code. Any waivers from submittal requirements shall be
processed in accordance with Section 4-202 of the Land Use and Development Code and
consistent with the Pre-Application summary. Waiver requests will be processed
concurrently with the overall Application. Additional meetings with Staff to discuss waivers
prior to submittal is an option.
IV. APPLICATION REVIEW
a. Review by Staff for completeness recommendation and referral agencies for
additional technical review
b. Public Hearing _ Director's Decision (with notice - not a public hearing)
_ Planning CommissionX Board of County Commiss¡oners
_ Board of Adjustment
c. Referral Agencies: May include Colorado Division of Water Resources, Garfield
County Consulting Engineer, Fire Protection District, CDOT,
County Road and Bridge Department, County Environmental
4
Health, County Vegetation Management, Garfield County
Building Department.
V. APPLICATION REVIEW FEES
a. Planning Review Fees:$-400-
b. ReferralAgency Fees: $_tbd_ (may be billed separately)
c. Total Deposit $_400_ (additional hours are billed at $ 40.50 /hour)
General Appl Processinq
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right. The summary is valid for a six month period, after which an update
should be requested. The Applicant is advised that the Application submittal once accepted
by the County becomes public information and will be available (including electronically) for
review by the public. Proprietary information can be redacted from documents prior to
submittal.
Pre-anolication Sum mârv Preoared bv:
,h¡t-/rb 1 L,T LL-
Glenn Hartmann, Principal Planner D
5
A. Section 4-104 Limited lmpact
Gørficld County
Limited lmpact Review Process
(Section 4-104)
ú,
üJ
Ò-
Ê
oo
.9
ñ
P'Ë-
-ô
Þ
o
Ê
(Ð
-à{)
f!
.Ex
e
Ê
.Applicant has 6 months to submlt application
¡20 business days to review
.lf incomplete, 60 dâys to remedy defíciencies
rPublished, posted, and mailed to adjacent property owners within 200
feet and mineral owners at least 30 days but no more than 60 days prior
to BOCC public hearing
r21 day comment period
'Applicant has 1 year to meet any conditions of approval
Step L l Pre-appl ícation Conference
Step 2: Application Submittal
STc"p 3 r CompIeterress Revit-rv
Step 4r Schedule Hearing and Provide Notíce
Step 5: Referral
Step 6: Evãlutlon by Director
step /: tsULL Uecrsron
6
Gøffield County
LAND USE CHANGE PERMIT
APPLICATION FORMCommunity Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(97Ols4s-82t2
www.garfield-countv.com
TYPE OF APPLICATION
Development in 100-Year Flood lainAdministrative Review
l_l Development in 100-Year Floodplain VarianceLimited lmpact Review
Code Text Amendmentrlmact Review
nrng
Zone DistrictEPUD EPuo Amendment
n Rezo
LIR l-lMIR
Approved LUCP
nsup
ents to an
Administrative I nterpretationMinor Tem Housi Facility
Appeal of Administrative lnterpretationVacation of a County Road/Public ROW
as and Activities of State lnterestLocation and Extent Review
Accommodation Pursuant to Fair Housing Actl_lComprehensive Plan Amendment
nanceipeline Devel t
me Extension (also check type of o nal ication)
INVOLVED PARTIES
Owner/Applicant
Name:Phone:l)
Mailing Address
City:State: Zip Code:
E-mail:
Representative (Authorization Required)
Name:Phone:t)
Mailing Address:
City:State: Zip Code:
E-mail:
PROJECT NAME AND TOCATION
Project Name:
Assessor's Parcel Number:
Physical/Street Address:
Legal Description:
Zone D¡str¡ct:Property Size (acres):
Proposed Use f From Use Table 3-4031:
For Appeal of Administrative lnterpretation please include:
1. The Decision you are appealing.
2. The date the Decision was sent as specified in the not¡ce (date mailed).
3. The nature of the decision and the specified ground for appeal. Please cite specific code sections
and/or relevant documentat¡on to support your request.
4. The appropriate appeal fee of 5250.00.
5. Please note a completed Appeal Application and fees must be received within 30 calendar days
Existing Use:
Descriptlon of Project:
final written Administrative n.
PROJECT DESCRIPTION
REQUEST FOR WAIVERS
I have read the statements above and have provided the required attached information which is
correct and accurate to the best of my knowledge.
Signature of Property Owner or Authorized Representative, Iítle Date
OFFICIAL USE ONtY
File Number: _ _Fee Paid: S
Submission Requirements
tr The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section:
Section:
Section:
Section:
Waiver of Standards
tr The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section
Section
Section:
Section:
Policy 01-14
Waivers for Roads and Demonstration of Compliance
March t,ro\ ht
Section 7-L07, Access and Roadways, of the Garfield County Land Use and Development Code (LUDC)
requires all roads to be designed to provide for "adequate and safe access" and reviewed by the
designated County Engineer. The LUDC defines "road" as "a County road, State highway, public road,
street or alley, or private thoroughfare which affords primary access to abutting property, excluding a
driveway accessing a single property."
The LUDC defines "private road" as "a right-of-way constructed, established, owned, and maintained by
a private pafi for access exclusively to private property." Many of the roads in Garfield County are
private roads in that they are gated and do not serve the general public and they pre-existed the design
currently required by the County's Road Standards as defined in Table 7-I07,
The LUDC allows for the waiver of specific standards provided that the following criteria have been met:
1) an alternative design achieves the ¡ntent of the subject standard to the same or better degree and 2)
the proposed alternative will impose no greater impacts on adjacent properties than would occur
through compliance with the specific standard (Section 4-118).
ln applications that include roads that do not meet current County road standards as outlined in Table 7-
107, the County has asked that Applicants request a waiver of Section 7-L07.F, Design Standards, and
include in the Application submittal sufficient information, prepared by a professional qualified in the
specific discipline, to demonstrate that they meet the criteria outlined in Section 4-118 for granting a
waiver. ln doing so, the application must include:
A Statement of Adequacy - The evaluation of the existing roadway and waiver will need to
include a clear statement that finds that the road will be adequate for the proposed use. This
statement must be signed by a professional engineer qualified in traffic engineering and licensed
by the State of Colorado. To support this evaluation, the following information will be required
to be provided:
o Geometry of the road - A description of how the pr¡vate road does/does not meet the
design standards in Table 7-107. This should include a chart that compares the private
road design to those standards in Table 7-tO7, as wellas a map that shows the existing
road design and highlights those areas that deviate from the standards. A narrative may
also be helpful in describing the characteristics of the road as they compare to Table 7-
107 design standards. Unless available, this is not intended to imply construction-level
drawings.
llPage
o Safety/Structural lssues - A description of obvlous safety and/or structural issues
observed and a statement about how these issues will be addressed.
o Malntenance - A description of how the road is and/or will be ma¡ntalned. This should
be supported with the submittal of any existing or proposed malntenance agreements
for the road sectlons.
o Travel Demand - An accurate count of the existing peak travel demand as well as the
Average Daily Traffic on the road. This should also include the types of vehicles that
currently use the road as well as the additional amount and type of traffic that the
proposed use will generate through all phases of its developrnent.
Other Evidence of Compliance. ln addition, Sectíons 7-tA7.A, B, C, D, and E are required to be
addressed, which includes documentation about legal access. Sufficient evidence will be
required to be submitted to demonstrate compliance with these sections of the Code.
2lPage
Gørfield County
rhsf .rm","::,:::T,:;':)ï#iïH,",.i,T:ïi:T,ønseperm,
Mineral interests may be severed from surface right interests in real property. C.R.S.5 24-65.5-101,etseg,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 20L3 ("LUDC") Section 4-101(EX1Xb)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. S 24-65.5-10L,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched for the subject property as
required pursuant to C.R.S. I 24-65.5-1OL, et seq, and Section 4-101 (EX1)(bXa) of the Garfield County Land
Use and Development Code, as amended. As a result of that research, the undersigned applicant cert¡fies
the foflowing (Please initiøl on the blønk line next to the støtement that occurately reflects the result ol
reseorch):
-
I own the entire mineral estate relative to the subject property; or
-
Minerals are owned by the parties listed below
The names and addresses of any and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of MineralOwner Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. S 24-65.5-1O1, et seq, and I am in compliance with said statue and the
tUDC.
Applicant's Signature Date
TO:
FROM:
DATE:
RE:
MEMORANDUM
Staff
County Affomey's Oftice
Jruu¡¡e24,2014
Mineral Interest Research
Mineral interests may be severed from surface right interests in real property. Colorado revised
statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land
use designation by a local government. As such, the landowner must research the cunent owners
of mineral interests for the property.
The Garfield County Land Use and Development Code of 2013 (*LUDC") Section 4-
101(EXlXb)(4) requires written notice to owners of mineral interests in the subject property'3s
such owners can be identified ttrough the records in the offrce of the Clerk and Recorder or
Assessor, or through other means."
It is the duty of the applicant to noti$ mineral interest owners. The following is a suggested
process to resea¡ch mineral interests:
l. Review the current ownership deed for the property (i.e. Warranty Deed, Special
Wananty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Trust). The
ownership deed is usually one or two pages. Is there a reservation of mineral interests on
the ownership deed? Are there any exceptions to title? A deed may include a list of
reservations that reference mineral owners or oil and gas leases.
2, Review your title insurance policy. Are there exceptions to title listed under Schedule B-
ll? If so, review for mineral interests that were reserved and oil and gas leases.
3. Check wittr the Assessor's office to determine if a mineral intcrest has been reserved
from the subject property. The Assessor's offrce no longer documents the mineral
reservation ownership for its tax roll records unless ownership has been proven. There
are only a limited number of mineral owners who have provided such information to the
Assessor's office so this may not provide any information, depending on your property.
¡¿gtr¿o
June 24, 2014
Page 2
4. Research the legal description of the subject property with the Clerk and Recorder's
compuler. You can search the Section, Township, and Range of the subject property.
You may find deeds for mineral interests for the subject property.
5. Research whether a Notice of Mineral Estate Orvnership was filed for the subject
property. On the Clerk and Recorder's compr:ter, search urder Filter (on the right hand
side of the screen), General Recordings, Notice of Mineral Estate Ownership for the
subject property.
6. If you find mineral interest owners as reservations on your deed, listed in your title
insurance policy, from the Assessoros records or the Clerk and Recorder's computer, you
need to determine whether these mineral interests rvere transferred by deed *d recotd"d
in the Clerk and Recorder's office.
7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's
computer to see if the mineral interest was transfened. If you find a transfer deed, you
need to repeat this process to follow any transfer of the mineral interest to present day.
8. Include a description of your research process in your application and the name(s) and
address(es) of the current mineral interest owner(s).
Mineral interest research can be a difticult and time consuming process. Ifyou are unable to
determine mineral rights orvnership by yourself, consider hiring an aftorneyor landman.
Attorneys and landmen specialize in determining mineral rights orvnership, but they charge a fee
for their services.